JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January llth, 1960 and adjourned February 19, 1960
1960 LONGING & PORTER, INC.
HAPEVILLE, GA.
OFFICERS
OF THE
STATE SENATE
PRESIDENT GARLAND T. BYRD..----...... ...... ................. Lieutenant Governor
TAYLOR COUNTY
CARL E. SANDERS.'...-.-..-.-.............................President Pro Tern
RICHMOND COUNTY
GEORGE D. STEWART..-...........--................--............. Secretary
FULTON COUNTY
LAMONT SMITH..--..--------...--....-----..... Assistant Secretary
TATTNALL COUNTY
THAD GIBSON--....--------.....................--.......--.....Reading Clerk
LEE COUNTY
REBECCA CAUSEY----...--......--..............--.......--. Journal Clerk
DOUGLAS COUNTY
ANN DUNCAN.....----...........................--..........----Calendar Clerk
FULTON COUNTY
HENRY CASTLEMAN........------------------.--------Doorkeeper
FULTON COUNTY
KELLEY QUILLIAN--..................................................... Messenger
BARROW COUNTY
ANN WEBB----....................................--............... ^.Message Clerk
FULTON COUNTY
SENATE JOURNAL
REGULAR SESSION
Senate Chamber, Atlanta, Georgia, Monday, January 11, 1960.
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. 0. M. Seager, Baptist pastor, Hart County.
By unanimous consent, the call of the roll was, dispensed with.
Senator Clary of the 29th reported that the journal of February 19, 1959, proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
The following resolutions were read and adopted:
SR 69. By Senator Culpepper of the 7th: A resolution to notify the House that the Senate has convened; and for other purposes.
SR 70. By Senator Culpepper of the 7th: A resolution to adopt rules of the Senate; and for other purposes.
The following communication, which was received from Honorable Ben W. Fortson, Secretary of State, was read by the secretary:
DEPARTMENT OF STATE Ben W. Fortson, Jr. Secretary of State Atlanta 3, Georgia May 1, 1959
Honorable Garland T. Byrd President of the Senate State Capitol Atlanta, Georgia Dear Sir:
I hereby certify that the consolidated returns of the Special Election held April 28, 1959, which returns are of file in this office, show the following results in the election for the unexpired term of Senator from the Twenty-fifth District, which District is composed of Talbot,
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Harris and Upson Counties, Talbot County being the county to furnish the Senator for this two year period:
TALBOT COUNTY:
JOHN H. WOODALL, SR. GEORGE R. JACOB
Received _______.472 votes Received ...___._259 votes
Given under my hand and seal of office this the 1st day of May, 1959.
Ben W. Fortson, Jr. Secretary of State
The president introduced to the Senate the newly elected senator from the 25th District, Senator John H. Woodall, Sr., after which the following communication was read:
Georgia, Fulton County.
This is to certify that Hon. John H. Woodall, Sr., has this date subscribed to the foregoing oath to qualify as Senator of the 25th Senatorial District of Georgia.
This November 3, 1959.
Carlton Mobley Associate Justice, Supreme Court of Georgia.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
I am instructed by the House to notify the Senate that the House has convened in regular session in accordance with law, and is now ready for the transaction of business.
The following message was received from the House through Mr, Ellard, the Clerk thereof:
Mr. President:
The House has adopted the following resolution of the House, to-wit:
HE 266, By Mr. Twitty of Mitchell:
A resolution calling for a joint session in the Hall of the House for the purpose of hearing a message from his Excellency, the Governor, and providing for an escort committee.
Under the provisions of the above resolution, the speaker appointed the following as a committee on the part of the House:
Messrs. Hill of Meriwether, Tabb of Miller, Mann of Rockdale, Horton of Putnam, Brand of Tift, Ballard of Newton and Moore of Lumpkin.
MONDAY, JANUARY 11, 1960
7
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the following resolution of the House, to-wit:
HE 265. By Mr. Twitty of Mitchell:
A resolution to notify his Excellency, the Governor, that the General Assembly has convened in regular session in accordance with the law, and is now ready for the transaction of business, and providing for a committee.
Under the provisions of the above resolution, the Speaker appointed the following as a Committee on the part of the House:
Messrs. Rowland of Johnson, Jones of Sumter, Carswell of Wilkerson, Bostwick of Tift and Strickland of Evans.
The following resolutions were read and adopted:
HE 266. By Mr. Twitty of Mitchell:
A resolution calling for a joint session in the hall of the House for the purpose of hearing a message from Ms Excellency, the Governor, and providing for an escort committee:
The president appointed as a committee: Senators Drew of the 12th, Woodall of the 25th and Pannell of the 43rd.
HE 265. By Mr. Twitty of Mitchell:
A resolution to notify his Excellency, the Governor, that the General Assembly has convened in regular session in accordance with the law, and is now ready for the transaction of business, and providing for a committee.
The president appointed as a committee:
Senators Crowe of the 10th, Doster of the 48th, Nixon of the 35th, Marshburn of the 33rd and SkeJton of the 30th.
The hour for convening the joint session of tne Senate and House having arrived, the president, accompanied by the secretary and the senators proceeded to the Hall of the House of Representatives, and the joint session called for the purpose of hearing a message from his Excellency, Governor S. Ernest Vaadiver was called to order by the president.
The clerk of the House of Representatives read the resolution providing for the joint session.
Accompanied by the committee of escort and other distinguished guests, Governor Vandiver appeared upon the floor of the House.
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Lieutenant-Governor Garland T. Byrd in presenting Governor Vandiver, made the following introductory remarks:
MRS. VANDIVER, MR. SPEAKER, MEMBERS OP THE SENATE AND OF THE HOUSE:
Today, all Georgians eagerly await an encouraging message from our Chief Executive.
Shouldering for us a burden more grave than any in recent times, our Governor has demonstrated his capacity for leadership and his wisdom as an administrator.
Through courageous action, he has restored the State of Georgia to solvency.
Through good business practices, honest and economical operations, he has brought to State government a "new look" of efficiency.
By balancing budgets, without new taxes, he has won for himself the reputation among the people of being a miracle man in handling state finances.
Notwithstanding the burdens of administration, he has stood in the breech, firm and immovable. In an effective manner, he has done battle with those insidious forces which would strike down Georgia institutions in the batting of an eye.
In his two main tasks for the people of Georgia, I am certain that I can speak for them when I say, Governor, we are 100 per cent behind you in your policies. We are behind you in what you are doing in providing better government and in protecting the life and well-being of our Georgia children.
In the trying times, Governor, I assure you that I as your Lieutenant Governor, stand shoulder-to-shoulder with you in upholding Georgia institutions and in protecting those things Georgians hold near and dear.
We assure you that we are with you in your program to build a greater State and to afford all Georgia citizens a higher standard of living, better job opportunities and adequate governmental services.
We realize more than ever, under your leadership, the great potential our State possesses and this realization has made us more determined than ever to pursue those goals and ideals which will bring to full flower Georgia's rightful and high destiny.
Governor Vandiver, the membership of the General Assembly of Georgia at this joint session keenly awaits your message.
Governor S. Ernest Vandiver delivered the following address:
LIEUTENANT-GOVERNOR BYRD, HOUSE SPEAKER SMITH, MEMBERS OF THE SENATE AND OF THE HOUSE OF REPRESENTATIVES, STATE OFFICIALS, DISTINGUISHED VISITORS AND MY FRIENDS THROUGHOUT GEORGIA:
One year ago this General Assembly and the Vandiver administration embarked upon a working partnership to restore morality, economy and efficient operation to State government.
MONDAY, JANUARY 11, 1960
9
The theme of our efforts during the past 12 months has been cleanup and economy.
The theme of our efforts at this session and throughout the year is reorganization and progress.
Last year, this administration and this General Assembly were among the very few in the country not raising taxes.
This year, the Vandiver administration again will not ask for any new taxes.
We will, however, present to the people a program of positive, constructive accomplishment in education, mental health, general public health, highways, welfare and in other areas of essential services unmatched and unsurpassed in scope and potential in Georgia history.
We will present a program . . .
... to meet the needs of a growing and prosperous state . . .
... to put the General Assembly you, my friends back in the business of appropriating money . . .
... a program that this administration and this General Assembly can carry to the people in the legislative elections this year in full confidence that it will meet with their overwhelming acceptance and approval.
Now we are moving toward an even greater Georgia.
FULL STEAM AHEAD!
Administration measures to be presented here, together with legislation enacted by you last year, will mark this Assembly as a hardworking one which keeps the people's interests first and foremost and which keeps full faith with the citizens of Georgia.
ECONOMY PAYS DIVIDENDS
The past year has demonstrated that economy, reorganization and more effective budgeting procedures pay rich dividends. These are areas in which the most dramatic results have been achieved for the benefit of the taxpayers of Georgia.
You ask: How have the '59 and '60 budgets been balanced without new taxes?
The answer, simply stated:
ECONOMY definite, traceable economies --...$7,000,000.
INCREASED REVENUE DEPARTMENT COLLECTIONS through efficient enforcement of State tax laws and due to an expanding economy from January through December, 1959 _... $25,600,000.
PURCHASING SAVINGS in calendar 1959 due to competitive bidding and businesslike management ..- ......$3,600,000.
That is over 36-million-dollars in one year alone that prudent administration has made available for use in financing essential services.
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These are figures that the taxpayer can understand and appreciate.
They prove that only the economy and good management policies of this administration saved us from bankruptcy.
IMPROVEMENTS FINANCED
During 1959, the Administration was able to balance the budget by July 1 and also during the year made many significant advances.
Among these were: acquisition of the Whitehall Plantation property at the Savannah State Port; authorization for construction of new area vocational trade schools to be located at Albany, Augusta, Columbus and Rome; carrying forward educational, welfare, mental health aad institutional programs on a current basis; providing $8,000,000 for emergency highway construction and maintenance; making long-needed repairs at State Parks; going ahead with the Stone Mountain project; expanding the Girls Training- School at Adamsville and the Georgia School for Mental Defectives at Gracewood; acquiring property for farm market expansion at Macon, combatting the whitefringed beetle; inaugurating in the Agriculture Department a new program of seed producing and processing, and other forward-looking projects.
I am humbly proud of what has been accomplished.
I am deeply grateful for the full support of this General Assembly which has stood foursquare with us in our program.
It could not have been done without the actiTe cooperation of the press, the radio and the television stations of the State in keeping our people constantly informed.
It could not have been done without the help of the people, and I would like to express my everlasting gratitude to all the people of Georgia for the wonderful backing you have given me in suck generous measure,
STATE OF THE STATE
I am gratified to report to you that the state of our great State of Georgia IS EXCELLENT!
During 1959 . . .
. . . industrial development and expansion of existing plants movd far ahead of 1958.
. . . business established all-time records.
. . . gainful employment topped the million mark for the first time.
. . . construction activity abounds all over the State.
. . . such adjectives as "bustling" "booming" "stable" "brightest era" "surging" "on the upgrade" and others are being used to describe busy Georgia people and Georgia progress.
MONDAY, JANUARY 11, 1960
11
One of the brighter spots last year were the victories won by Georgia young people when they walked off with a lion's share of top honors at national youth conventions.
That is a compliment to the work which has been done over the years by our Georgia parents, teachers and youth leaders.
It is to hold this banner high it is to further this progress that the Vandiver administration presents its program.
ECONOMY AND REORGANIZATION COMMISSION
Since we met here last year, the Economy and Reorganization Commission, created by this General Assembly, and composed of members representing all walks of life, has formulated its final recommendations for your consideration and legislative implementation.
Permit me to express my appreciation to Commission members and to the Commission staff for the hard work and long hours spent in discussion and intensive research.
As a result of this Commission's study, several definite conclusions were apparent to me and to all of its members.
Georgia never can expect to achieve completely sound fiscal operations, proper budgeting or to attain maximum efficiency in its departmental operations until the following conditions are met:
1. The people's elected representatives in the General Assembly have restored to them their rightful responsibility of appropriating money.
2. An Appropriations' Bill is enacted at least biennially.
3. The Governor and the members of the General Assembly ha\'e available to them accurate, sufficient information upon which to carry out their responsibilities to the people.
To bring about these objectives, the Vandiver administration proposes:
First, strengthening the Finance Commission, as recommended in the Economy and Reorganization study, by expanding its membership and frequent, consultation where the utmost cooperation is essential between the Governor and the members of the Legislature.
Second, to authorize the Governor and the State Auditor to employ such staff assistance as they may deem desirable to perform fact-finding duties for the Budget Bureau and the expanded Finance Commission.
Third, we may as well recognize that the so-called gasoline and tag tax allocation amendment, since its adoption, has had the effect of preventing the enactment of appropriations' bills.
Why?
Simply because passage of an appropriations' bill would necessitate taking large amounts of funds away from other departments affording vital services to the people.
The amendment's practical effect has been to put the Legislature out of the appropriating business.
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At the same time, the highway needs have suffered.
There is strong sentiment to repeal the amendment outright.
My proposal to you at this session does not do that.
Instead, it is a positive approach to a critical problem.
I ask you the 1960 General Assembly of Georgia to join me in presenting to the people for their approval a self-executing constitutional amendment for better roads. It would require the allocation from the Treasury for highway, rural and post roads construction, maintenance and grants to counties of an amount not less than the previous year's receipts from the State gasoline excise tax.
This proposal forms the basis for the Vandiver road program.
If adopted, by you and by the people, it will continue year after year after year.
The end result will be more adequate financing of the Highway Department, which can be done under this plan without neglecting the educational, health, welfare and other responsibilities of the State and will put back into the hands of the General Assembly the right of determining what shall be appropriated for the agencies of the State, including the Highway Department, as to amounts over and above the constitutional mandate.
Its passage will make it possible for the Vandiver administration to present an appropriations' bill to you for your consideration next year.
That is something I would very much like to do.
INTEREST ON IDLE FUNDS *
Certainly, one of the most important of the economy recommendations was brought on by the obvious injustice of the State's not receiving reasonable earnings from its idle funds.
The banking industry, through its Association, designated a Georgia Bankers' Association Committee to advise with the Economy and Reorganization Commission on this matter. In its report, the bankers committee solidly endorsed good management in government and expressed the belief ". . . that all idle funds of the State should be invested in a secure, liquid and economical manner."
That must be done.
Certainly, income derived from this source can be put to good use. It is estimated by the Commission that between $600,000 and $2,000,000 can be realized annually depending upon the interest rates to be established.
Of almost equal importance are the recommendations in regard to the State government's insurance of its properties. Here, too, a representative, industry-wide group furnished able and thorough assistance to the Commission. After weighing an excellent set of recommendations made by the insurance group and after considering other staff findings, the Commission concluded that "a careful classification,
MONDAY, JANUARY 11, 1960
13
inventory and evaluation of State properties, real and personal, are necessary before a sound program can be developed."
In light of this finding, it recommended:
That responsibility for administration of the State's insurance schedule be assigned to the State Supervisor of Purchases;
That he be authorized to employ the personnel necessary to carry out the inventory and to initiate the .development of a sound insurance program.
I join in this recommendation.
STATE WITHHOLDING
An administration proposal, which bears the endorsement of the Reorganization Commission, is to install a system of withholding of State income taxes.
Let me emphasize, as strongly as I know how, that THIS IS NOT A NEW TAX! THIS IS NOT A REVENUE RAISING MEASURE!
It is an improved method of collecting an existing tax.
Let me urge that you refrain from amending this proposal without consultation with appropriate revenue authorities and that you refrain from defeating its purpose by the introduction of unrelated material.
Every one of the sixteen states which has enacted withholding laws has written us that they are working successfully that public acceptance has been excellent that collections have increased that evasion has been minimized that administration of the income tax laws has been vastly improved and that the system is much easier on the taxpayer.
PRISON PROGRAM AND INDUSTRY
The foundation for effective rehabilitation of prisoners must be a work program in which each inmate is given an opportunity to devote a full day's work to a meaningful task.
That is the goal of the Vandiver administration for Georgia's Prison System.
In an excellent study of prison needs, the Economy and Reorganization Commission recommended, among other things,
the use of a revolving fund for prison industries;
creation of a prison industries operating administration; and,
that products of such industries be sold only to public instrumentalities.
Legislation should be adopted at this session to implement these proposals.
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PERSONNEL REORGANIZATION
Another Commission bill of far-reaching importance, which I recommend, calls for improved personnel administration. It provides for a complete reorganization and strengthening of the State Merit System.
Other economy and reorganization bills about thirty in number dealing with wide variety of subjects will be presented to you and will complete the Commission recommendations.
I urge their speedy enactment.
Before entering upon a discussion of budget plans for the 1960-'61 fiscal ysar, there are two other matters of general interest and importance which I should like to discuss.
STATE COUNTIES CITIES
First, I have said on several occasions and I repeat now it is the avowed policy of the Vandiver administration to help our counties and cities directly and to help them indirectly to help themselves. All reasonable proposals to accomplish these objectives have ray sympathetic support. 1 see no reason why any impediment should exist in the Constitution of Georgia to prevent this General Assembly or future General Assemblies from making grants to our incorporated towns and cities on a formula basis to assist them in carrying out thoss projects which are, in fact, of statewide interest and concern.
"EDUCATION PACKAGE"
Second, there will be presented to you an "Education Package" of three bills and one proposed constitutional amendment which have the backing and support of educational leaders in the. State. Their purpose is to strengthen education, to strengthen local control and to strengthen local participation and responsibility. I commend them to your careful consideration as essential steps in the direction of better education for Georgia.
BUDGET AND FISCAL
Let's look ahead now to July 1 and consider financial plans for the coming fiscal year.
Let's sit back and take a look at the ledger,
For reasons already stated, it is not possible to have an appropriations' bill this year. However, the administration will offer an amendment to the second or contingent section of the 1958 Appropriations Act, carefully thought out within the limitation of anticipated revenue, to meet the critical needs of the State for the 1960-'81 fiscal year.
No one now can predict with accuracy what the revenue situation will be next July 1st or what the surplus will total on that date.
MONDAY, JANUARY 11, 1960
15
We do know that none of the estimated increase in revenue that will be realized by withholding payments which could start coming in July 1st would reflect in the net operating surplus to become available for '60-'61.
We know also that, while, the net operating surplus at the beginning of the present fiscal year, last July 1st, was $30,066,162.12, it was necessary for budget authorities to allocate from this fund $24,002,745,47 immediately to finance essential State needs. Tod&y, considering other allocations for emergency items, only a little over five million dollars remains in the net operating surplus available for expenditure in this fiscal year. To me, and to other budget authorities, this is a dangerously-low cushion to have under a $350-million-dollar a year budget since this only represents about five days operating money.
Of course, I am sure that you understand that increases in revenue cannot be applied to surplus until all current bills are paid. Budget authorities cannot spend money they don't have.
It is gratifying to report to you today that the current rate of State expenditures of approximately $350,000,000 annually is well within the current rate of State income.
The BUDGET IS BALANCED.
I am sure that you want to help keep it that way.
CAPITAL IMPROVEMENT NEEDS
With the increase in State income and a generally-improved outlook on State finances, I have concluded, in view of major capital needs which no longer can be deferred, that the wisest course for us to follow woald be to provide adequate amounts now to build permanent improvements, financing them through the authority method.
We should contrast strongly the difference between improvements of a purely temporary nature and those of a permanent nature when considering deferred financing. I still strongly believe that it is unwise to finance through the authority method temporary improvements that would be worn out four times over before their cost is paid.
I am submitting to you several amendments to existing authority acts which will be required to implement the proposals which I will make to you. I ask your earnest consideration of the passage of these acts.
These proposals will enable us to take care of school and college capital outlay needs.
They will make it possible for us to undertake immediately the construction necessary to transform Milledgeville State Hospital into a great teaching institution; to construct necessary buildings for the prison system and improve other State institutions.
THE PROGRAM
For those of little faith who doubted that economy would work for those of little faith who scoffed at the idea that honesty in govern-
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ment would pay dividends here is the Vandiver administration program for the next fiscal year:
COMMON SCHOOL EDUCATION
I propose for education the largest increase since the Minimum Foundation Program was activated in 1952 an increase of $19,016,323.88.
I propose a $200-per-year, average salary increase, for our school teachers, to become effective immediately at the beginning of the fiscal year, July 1st, to cost, $6,500,000.
I propose an immediate program of. $60-million-dollars in new school construction to provide a modern classroom for every Georgia child, costing $5,500,000* annually to amortize.
Educational authorities estimate that there are in excess of 100 counties with provable classroom needs at this time. These requirements must be satisfied first.
I propose an immediate program for expending $8-million-dollars in new area trade school construction, to augment the program already begun by the Vandiver administration, (amortization cost included in above.)
I propose that we provide $50 additional maintenance-and-operation funds, per state-allotted teacher, to assist local school systems, costing $1,560,000.
I propose the construction of an experimental educational television station for the Department of Education at a cost of $500,000 at Waycross.
UNIVERSITY SYSTEM
I propose for higher education a $12,370,000 construction program to meet top priority capital needs, costing $1,000,000.00 annually to amortize.
This would include the following:
University of Georgia A new Coliseum Pharmacy Building Annex to Forestry Building
Georgia Institute of Technology Engineering Building Annex to Chemistry Building Annex to Physics Building
Georgia State College of Business Administration Gymnasium and Auditorium
Medical College of Georgia Annex to Library
MONDAY, JANUARY 11, 1960
17
Middle Georgia College Health and Physical Education Building Dormitory for Women
Fort Valley State College Science Building Home Economics Building
These, may I remind you, are in addition to a $12-million-dollar capital expansion program undertaken last year by this administration for the University System.
And this does not include another $7,000,000 in new self-liquidating dormitory projects, for which an application now is pending with the Housing and Home Finance Agency.
For University System operations in the coming year, I propose an increase of $1,500,000.
In addition, for the Talmadge Memorial Hospital at Augusta, I propose an increase of $500,000 for operations and the opening of 100 new beds.
TEACHER RETIREMENT
For State constributions to the teacher retirement fund, to match teacher contributions, to make the fund actuarially sound, I ask you to authorize an additional $750,000.
MENTAL HEALTH
It is my fondest hope that when the annals of 1959 are recorded, it will be remembered as the year in which the forgotten patients at Milledgeville State Hospital were remembered by this General Assembly and the Vandiver administration.
It is my hope that history and time will record our works, in humanity's good name, for providing the machinery and the means for a far-reaching program for the treatment the psychiatric treatment and the care of those suffering from mental illness.
The public interest in improving the hospital is at an all-time high. Mrs. Vandiver and I want to thank the many organizations and groups which have responded to our appeals for recreational and other materials for the patients. Particularly, do we want to thank the many communities which participated in the motorcades of gifts just before Christmas to make it the best ever at the institution.
You and I have visited there recently.
We know the needs.
We know what must be done.
Now it is up to us.
HOSPITALS AND TREATMENT
For Milledgeville State Hospital, I propose that we begin immediately a large-scale building program, aggregating $6,460,000, to provide
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adequate housing, treatment facilities and diet preparation for the patients there, as well as quarters for the new in-service psychiatric trainees.
This program will include:
Construction of a new central diet kitchen to prepare uniform, hot meals for the whole far-flung institution.
Two new 500-bed hospital units.
One new 500-bed treatment building.
A new 200-bed wing for the Arnold Building.
A new staff dormitory; and,
A new IB-unit apartment building for staff and training personnel.
The program embraces also a long-needed sewage disposal plant to be built in cooperation with the City of Milledgeville and Baldwin County.
The Vandiver administration requests immediate authorization for an Intensive Treatment Hospital in the Atlanta area with 100 beds to be builfc at a cost of $2,750,000. This hospital would include service facilities for 200 beds so that the institution could be expanded later.
For Milledgeville State Hospital operations, I propose an increase of $1,300,000 to be used to provide additional physicians and psychiatrists, more nurses and attendants, added occupational therapy and recreation specialists, better property control, additional housekeeping and business personnel and to provide stipends for psychiatric residents and nurse trainees.
As a part of the overall Mental Health program, I also propose EH increase of $200,000 for the Intensive Treatment program throughout the State in the corning fiscal year.
GRACEWOOD
At Gracewood, I ask that we move forward to provide the physical plant necessary to make the institution effective and serviceable to the greatest number of people within the limits of its proposed optimum capacity of 2,000 white children and 1,000 colored children. At present the Gracewood School can care for only 1,300 white children and 100 Negro children.
There are now more than 600 children on the waiting list.
I ask that $3iOOO;000 in new construction be undertaken at Gracewood as soon as possible to reach its full capacity. I ask that the outla3r for operations for the institution be increased by $396,000, to take care of a projected increase of 300 in the patient load there in fiscal '61.
PUBLIC HEALTH
For general operations in the State Health Department, I propose that we provide an added $485,000. This money would be used, for administrative support for institutions and grants to local health units.
MONDAY, JANUARY 11, 1960
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An additional $1,010,000 will be needed for debt service outlay, making a total increase of $3,149,000 for better health in Georgia.
HIGHWAYS AND MAINTENANCE
To meet acute maintenance needs, as far as budget resources will permit, I propose that we raise the amount budgeted for highway repairs in the coming fiscal year from $15,000,000 to $20,000,000.
All federal aid and debt retirement can be met next year within the present budget.
As strictly state-aid highway construction, I propose an additional $5,000,000 for this purpose for fiscal '61 which will give us a state-aid road program of $14,500,000 in calendar 1960.
CORRECTIONS AND REHABILITATION
For some years Georgia has had the problem of an expanding prison population. Little has been done to meet the problems created by this expansion.
At the main Reidsville prison, the housing situation is critical. We have 2,500 male felony and misdemeanor prisoners in a semi-security institution which was constructed for a maximum capacity of only 1,500.
Here, step by step, is the initial program which this administration supports to improve prisoner rehabilitation in Georgia.
REIDSVILLE
1. Construction at the Reidsville Prison this year of two new security wings, 240-capacity each to be built with inmate labor to cost $500,000.
2. Shifting of the remaining 152 female prisoners at Reidsville next month to suitable quarters at the Milledgeville State Hospital for productive work there.
3. Alteration of an existing building at Rsidsville to house approximately 400 male misdemeanor prisoners.
4. Construction of a new 1,200-capacity, industrial-type prison at an estimated cost of $4,000,000, including industrial equipment and a classification center,
To make its immediate construction possible, legislation will be presented to you to create a State Penal and Rehabilitation Authority. You will be asked to provide in the '61 budget the sum of $400,000, to cover amortization of this amount.
STATE HIGHWAY PATROL
With a reorganized State Highway Patrol, and its members working many hours of gyertime, the death rate on Georgia highways last year was the lowest per mile traveled the State has experienced since record-keeping began in 1937.
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To reduce the death rate still further, I ask you to join me in authorizing the expenditure of an additional half-million-dollars annually to add fifty new troopers to the present strength of the State Highway Patrol.
TRAINING SCHOOLS
For Training Schools, a $500,000 annual institutional improvement fund, together with an additional $200,000 for operations, will make it possible for us not only to improve the effectiveness of the educational, training and rehabilitation programs at these institutions, but also to effectuate long-neglected, major improvements in the housing, teaching, training and recreational facilities of all of them.
ARCHIVES BUILDING
For the purpose of preserving valuable State and county records, it is my recommendation to you that an additional $300,000 be authorized for the State Office Building Authority for the early erection of a State Archives and Records Building.
STATE PORTS
Georgia's ports have a tremendous potential and their activity affects every section of the State. The docks at Savannah were jammed during December and the flow of commerce is at full tide.
Our neighboring states of Alabama and South Carolina recently plowed into their ports $22,000,000 and $21,000,000 respectively. We must meet the competition and pull more trade into our own State harbors.
To do this, I propose to budget $4,000,000 for two new cargo berths and $75,000 for another expansion at Savannah Docks; $425,000 for building up the old Savannah Terminal, and $250,000 for construction and land purchase at the Port of Augusta.
I have laid before you the administration program for the coming fiscal year.
I do not ask for any new or increased taxes to finance it.
With your authorization, it will be financed, as far as possible, within the limitation of current income and whatever surplus may be accumulated between now and July the first.
By keeping our eyes on those most essential activities vital to the State's growth, you and I can get this mighty job done for the people.
GEORGIA SCHOOLS
During recent weeks events have moved us closer and closer to the threat of open conflict between Federal authority and State authority over operation of Georgia's public schools.
Georgians do not want to see a head-on collision between Federal and State sovereignty which will harm all and benefit none.
MONDAY, JANUARY 11, 1960
21
It can be avoided by the exercise of good judgment and common sense by our people with the races in Georgia working in harmony and voluntarily under our traditional pattern of segregation for concrete advancement in those programs which I have outlined to you today.
I call upon the responsible people of this State through unified public opinion both white and colored to make it certain that Georgia will not be the victim of conditions like those which exist in Washington, D. C.; Detroit, Michigan; New York; Chicago; that even now are plagued by racial tension, conflict, hatred, bitterness and violence.
A people distraught by internal upheaval cannot make any kind of progress.
Let me assure the mothers and fathers of Georgia that this General Assembly and the Vandiver administration are dedicating their full talents and energies toward permitting the continued education of your children in segregated schools and, if it should become necessary, I will keep this Legislature in session constantly to help me in protecting the welfare of our children.
Let me assure the teachers of Georgia that this General Assembly and the Vandiver Administration will see to it that our State's contractual obligations to them will be carried out.
Let there be no mistake about this on the part of anyone:
The Georgia Constitution and the laws of this State require that if the Federal Courts should finally order integration in any Georgia school State funds for operations of that school would be shut off.
Let us hope that the NAACP will not force the closing of a single school in Georgia.
If those few who are agitating so vigorously, and so vociferously, for mixed schools would join us and would work just as vigorously for separate schools we would have segregated education in Georgia without any conflict.
But if they do persist, mark this and mark it well:
It is my duty to and I will uphold the Constitution and laws of Georgia.
We are going to resist and
We are going to resist again and again and again . . .
We will exhaust every legal means and remedy available to us
And when I say, EVERY LEGAL MEANS AND REMEDY, I mean EVERY LEGAL MEANS AND REMEDY!
For the children of Georgia!
For our heritage!
For our fathers!
To paraphrase the poet we may be bloody but our heads will be held high, unashamed and unbowed Georgians will continue to be masters of their fate, and captains of their soul.
22
JOURNAL OF THE SENATE,
Georgia children their welfare their destiny their education stand uppermost in our minds and in our hearts as we approach the vissicitudes and struggles of tomorrow.
Let us hark back almost a hundred years
The tragic reconstruction era, and the historic days through which we are now passing, when a second reconstruction is being forced upon us certainly, these are the most critical times in Georgia history.
Surely future historians will record the actions of this Legislature and this administration.
Let it be written that we were men of courage.
Let it be written that we were men of faith.
Let it be said, yes, let it be written, let it ring out through the annals of time that we stood solidly on the rock of that hallowed parchment the Constitution of the United States, as molded by its framers.
Let it be recorded down through the ages that the sovereign State of Georgia has been, is, and will forever remain the good land free from tyranny a repository of justice the palladium of liberty.
The eyes of the South are focused on Georgia today.
With firmness in the right, as Almighty God gives us to see that right, appealing to the remainder of the nation for justice and for understanding, let us be on with the task at hand.
Senator Culpepper of the 7th moved that the joint session be dissolved and the motion prevailed.
The president of the Senate announced the joint session dissolved, and the senators returned to the Senate Chamber.
Senator Ramsey of the 1st, 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 of Representatives:
SR 68.
SR 70.
Respectfully submitted,
Ramsey of the 1st District, Chairman.
Senator Culpepper of the 7th 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.
TUESDAY, JANUARY 12, 1960
23
Senate Chamber, Atlanta, Georgia, Tuesday, January 12, 1960.
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. C. E. Dowis, pastor, Grove Park Baptist Church, Atlanta.
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 Culpepper of the 7th 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 bills and resolutions were introduced, read the first time and referred to committees:
SB 128. By Senators Culpepper of the 7th, Sanders of the 18th:
A bill to provide for a sound program of self-insurance for the State of Georgia; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Rules.
SB 129. By Senators Culpepper of the 7th, Sanders of the 18th:
A bill to provide for purchase of state-employee fidelity bonds by the Supervisor of Purchases; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.
SB 130. By Senators Culpepper of the 7th, Sanders of the 18th: A bill to transfer mileage allowance supervision from Supervisor of
24
JOURNAL OF THE SENATE,
Purchases to the Budget Bureau; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.
SB 131. By Senators Culpepper of the 7th, Sanders of the 18th:
A bill to abolish the Office of Supervising Inspector of Naval Stores; and for other purposes.
Referred to Committee on Rules.
SB 132. By Senators Culpepper of the 7th, Sanders of the 18th:
A bill to consolidate and revise statutes of the Merit System including (a) requirement for a quarterly reporting on number of employees, and (b) approval of the Budget Bureau for pay adjustments; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.
SB 133. By Senators Roper of the 19th, Redwine of the 26th, Skelton of the 30th, Land of the 21st, Breedlove of the 27th, Greer of the 6th, and Perry of the 24th:
A bill to be entitled an Act to amend Code Section 93-208 pertaining to the salaries of the members of the Georgia Public Service Commission and Acts amendatory thereof so as to provide for a salary of $16,000 per annum; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.
SB 134. By Senators Culpepper of the 7th, Sanders of the 18th:
A bill to abolish the Social Security Board and create a State Welfare Advisory Board; and for other purposes.
Referred to Committee on Rules.
SR 71. By Senator Woodall of the 25th:
A resolution proposing an amendment to the Constitution so as to authorize the establishment of area schools, including vocational trade schools; and for other purposes.
Referred to the Committee on Rules.
SR 72. By Senators Holt of the 54th, Lanier of the 20th, and Brown of the 52nd:
A resolution to amend Senate Rule 134; and for other purposes.
Referred to the Committee on Rules.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the following resolution of the House, to-wit:
TUESDAY, JANUARY 12, 1960
25
HR 269. By Mr. Carswell of Burke:
A resolution designating the year 1960 as "Boy Scout Golden AniViversary Year"; and for other purposes.
The following resolutions were read and adopted:
SR 73. By Senator Brown of the 52nd:
A resolution commending the Los Angeles Dodgers, Inc. and extending congratulations and best wishes to Honorable Gerald Waring; and for other purposes.
HR 269. By Mr. Carswell of Burke:
A resolution designating the year 1960 as "Boy Scout Golden Anniversary Year"; and for other purposes.
Senator Culpepper of the 7th 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.
26
JOURNAL OP THE SENATE,
Senate Chamber, Atlanta, Georgia, Wednesday, January 13, 1960.
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 Rev. William M. Haverford, Fellowship Baptist Church, Smyrna, 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 read and found correct.
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
Senator Culpepper of the 7th 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. 8. 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 adopted the following resolutions of the House, to-wit:
HR 288. By Messrs. Smith of Emanuel, Twitty of Mitchel! and others: A resolution to invite Wallace Butts to address a joint session of the General Assembly; and for other purposes.
HR 289. By Mr. Twitty of Mitchell: A resolution calling a joint session of the House and Senate for the purpose of electing members of the State Highway Board; and for other purposes.
HR 290. By Messrs. Smith of Emanuel, Twitty of Mitchell and others: A resolution expressing appreciation to the Clarke County delegation, the University of Georgia and the Athens Chamber of Commerce; and for other purposes.
WEDNESDAY, JANUARY 13, 1960
27
HR 291. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A resolution expressing appreciation regarding the inspection of Milledgeville State Hospital; and for other purposes.
The following resolutions were read and adopted:
SR 74. By Senators Sanders of the 18th and Greer of the 6th:
A RESOLUTION
WHEREAS, the Honorable Eulond Clary of the County of McDuffie is an esteeemed member of the Georgia State Senate; and
WHEREAS, Honorable Clary has served for many years as a member of the House of Representatives in the Georgia Legislature with great distinction; and
WHEREAS, the Honorable Eulond Clary has a distinguished record as a Veteran of the First World War in which he rendered courageous service to his country; and
WHEREAS, the Honorable Eulond Clary has spent many years as a supporter and hard worker to improve the lot of the Veterans of all Wars; and
WHEREAS, the Honorable Eulond Clary has recently been appointed to the important position of National Legislative Committeeman from the State of Georgia in the Order of Veterans of World War I of the U. S. A., Inc.; and
WHEREAS, we all know that the Honorable Eulond Clary will serve in this post with distinction and honor to his state and his country;
NOW, THEREFORE, BE IT RESOLVED BY THIS SENATE that the Honorable Eulond Clary be congratulated upon his appointment and that the Veterans of World War I are to be congratulated for having a person of the high caliber of Honorable Eulond Clary to serve on their National Committee; and
BE IT FURTHER RESOLVED, that a copy of this resolution be spread on the minutes of the Senate and a copy delivered to the Honorable Eulond Clary.
SR 75. By Senator Clary of the 29th:
A resolution petitioning the Congress of the United States to give favorable consideration to legislation providing benefits for Veterans of World War I; and for other purposes.
HR 288. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A resolution to invite Wallace Butts to address a joint session of the General Assembly; and for other purposes.
HR 289. By Mr. Twitty of Mitchell: A resolution calling a joint session of the House and Senate for the
28
JOURNAL OF THE SENATE,
purpose of electing members of the State Highway Board; and for other purposes.
HR 290. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A resolution expressing appreciation to the Clarke County delegation, the University of Georgia and the Athens Chamber of Commerce; and for other purposes.
HR 291. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A resolution expressing appreciation regarding the inspection of Milledgeville State Hospital; and for other purposes.
The following bills were introduced, read the first time and referred to committees:
SB 135. By Senator Woodall of the 25th:
A bill to amend an Act incorporating the Town of Woodland, in the county of Talbot, so as to change the name of the said town of Woodland to City of Woodland; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 136. By Senator Doster of the 48th:
A bill revising, superseding, and consolidating the laws relating to the State Game and Fish Commission, so as to provide for the consent of the State of Georgia for the acquisition of lands by the United States for the conservation, protection, propagation and development of all species of fish and wildlife; to repeal conflicting laws; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
The following bills and resolution were read the second time:
SB 128. By Senators Culpepper of the 7th, Sanders of the 18th:
A bill to provide for a sound program of self-insurance for the State of Georgia; to repeal conflicting laws; and for other purposes.
SB 129. By Senators Culpepper of the 7th, Sanders of the 18th:
A bill to provide for purchase of state-employee fidelity bonds by the Supervisor of Purchases; to repeal conflicting laws; and for other purposes.
SB 130. By Senators Culpepper of the 7th, Sanders of the 18th:
A bill to transfer mileage allowance supervision from Supervisor of Purchases to the Budget Bureau; to repeal conflicting laws; and for other purposes.
WEDNESDAY, JANUARY 13, 1960
29
SB 131. By Senators Culpepper of the 7th, Sanders of the 18th:
A bill to abolish the Office of Supervising Inspector of Naval Stores; and for other purposes.
SB 132. By Senators Culpepper of the 7th, Sanders of the 18th:
A bill to consolidate and revise statutes of the Merit System including (a) requirement for a quarterly reporting on number of employees, and (b) approval of the Budget Bureau for pay adjustments; to repeal conflicting laws; and for other purposes.
SB 133. By Senators Roper of the 19th, Redwine of the 26th, Skelton of the 30th, Land of the 21st, Breedlove of the 27th, Greer of the 6th, and Perry of the 24th:
A bill to be entitled an Act to amend Code Section 93-208 pertaining to the salaries of the members of the Georgia Public Service Commission and Acts amendatory thereof so as to provide for a salary of $16,000 per annum; to repeal conflicting laws; and for other purposes.
SB 134. By Senators Culpepper of the 7th, Sanders of the 18th:
A bill to abolish the Social Security Board and create a State Welfare Advisory Board; and for other purposes.
SR 71. By Senator Woodall of the 25th:
A resolution proposing an amendment to the Constitution so as to authorize the establishment of area schools, including vocational trade schools; and for other purposes.
SR 72. By Senators Holt of the 54th, Lanier of the 20th and Brown of the 52nd:
A resolution to amend Senate Rule 134; and for other purposes.
Mr. 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 resolution of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 128. Do Pass, by substitute.
SB 129. Do Pass.
SB 130. Do Pass.
SB 131. Do Pass.
SB 132. Do Pass.
30
JOURNAL OF THE SENATE,
SB 134. Do Pass. SB. 71. Do Pass.
Respectfully submitted,
Yaughn of 34th District, Secretary.
Senator Culpepper of the 7th moved that the Senate do now adjourn laird! 10:30 o'clock tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until 10:30 o'clock tomorrow morning.
THURSDAY, JANUARY 14, 1960
31
Senate Chamber, Atlanta, Georgia,
N
Thursday, January 14, 1960.
The Senate met pursuant to adjournment at 10:30 o'clock this morning and was called to order by the president.
Scripture reading and prayer was offered by Rev. Don Gray, pastor Fayetteville Methodist Church., Fayetteville, 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 read and found correct,
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
Senator Culpepper of the 7th 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.
Senator Greer of the 6th moved that the following bill of the House be recommitted to the Committee on Judiciary:
HE 315, By Messrs. Brocks 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.
The motion prevailed.
The following resolutions were read and adopted:
SR 81, By Senator Brown of the 62nd: A resolution commending Honorable W. M. Copp; and for other purposes.
SR 82. By Senators Marshall of the 28th; Purcell of the 31st; Barrett of the 32nd; Marshburn of the 33rd; McGill of the 50th; and Pannell of the 43rd: A resolution commending the members of the State Board of Corrections, the Director and the Assistant Director; and for other purposes.
32
JOURNAL OF THE SENATE,
SR 83. By Senator Doster of the 48th:
A resolution relating to inspection of the coastal facilities of the Game and Pish Commission; 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 majority the following bill of the House to wit:
HB 115. By Messrs. Wilson of Bibb, Echols of Upson, Willingham of Cobb and others:
A bill to codify the Insurance Laws of Georgia Code of 1933 entitled Insurance, so as to substitute new provisions on the organization of the Insurance Department; and for other purposes.
The House has adopted the following resolution of the House, to-wit:
HR 295. By Messrs. Cox and Matthews of Clarke, Twitty of Mitchell and others: A resolution to honor the memory of Abit Nix; and for other purposes.
HR 296. By Messrs. Bozeman of Thomas, Hill of Meriwether, Ray of Warren and others:
A resolution commending Honorable George T. Smith; and for other purposes.
The following bills and resolutions were introduced, read the first time and referred to committees:
SB 137. By Senators Smith of the 4th; Holt of the 54th; Woodall of the 25th; Sanders of the 18th; Mobley of the 17th; McGill of the 50th; Purcell of the 31st, and Culpepper of the 7th:
A bill to amend Code Section 32-1004, relating to the qualifications of county school superintendents, so as to change such qualifications; to repeal conflicting laws; and for other purposes.
Referred to Committee on Educational Matters.
SB 138. By Senators Jernigan of the 5th; Mobley of the 17th; Sanders of the 18th; Holt of the 54th; Woodall of the 25th; Smith of the 4th; Culpepper of the 7th; Purcell of the 31st; and McGill of the 50th:
A bill to amend Code Section 32-1008, relating to the filling of vacancies in the office of county superintendent of schools, as amended; to repeal conflicting laws; and for other purpoess.
Referred to Committee on Educational Matters.
THURSDAY, JANUARY 14, 1960
33
SB 139. By Senators Sanders of the 8th and Vaughn of the 34th:
A bill to amend an Act which provided for the coverage of certain officers and employees of the State and political subdivisions under the Old Age and Survivors Insurance Provisions of Title II of the Federal Social Security Act, as amended; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 140. By Senators Jernigan of the 5th; Smith of the 4th; Marshburn of the 33rd; and Roach of the 39th:
A bill to amend an Act creating the Minimum Foundation Program of Education, as amended; to repeal conflicting laws; and for other purposes.
Referred to Committee on Educational Matters.
SB 141. By Senators Sanders of the 18th and Culpepper of the 7th:
A bill to amend an Act providing for the erection of welcome stations at the entrance of Federal Highways into the State; and for other purposes.
Referred to Committee on Highways.
SR 76. By Senators Jernigan of the 5th; Mobley of the 17th; Sanders of the 18th; Smith of the 4th; Woodall of the 25th; Culpepper of the 7th; and Purcell of the 31st:
A resolution proposing an amendment to the Constitution so as to change the provisions relating to the mileage limitation for the tax levy for education; and for other purposes.
Referred to Committee on Rules.
SR 77. By Senator Sanders of the 18th:
A resolution authorizing the conveyance of certain property in Richmond County; and for other purposes.
Referred to Committee on Government Operations.
SR 78. By Senators Sanders of the 18th and Culpepper of the 7th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall have the power to establish an Industrial Development Commission, with a resulting fund from which loans may be made available to industrial development agencies; and for other purposes.
Referred to Committee on Rules.
SR 79. By Senator Vaughn of the 34th:
A resolution proposing an amendment to the Constitution so as to increase the debt limitation of Rockale County; and for other purposes.
Referred to Committee on Rules.
34
JOURNAL OF THE SENATE,
SR 80. By Senator Vaughn of the 34th:
A resolution proposing an amendment to the Constitution so as to authorize the licensing and regulation of businesses in the unincorporated areas of Rockdale County; and for other purposes.
Referred to Committee on Rules.
HB 115. By Messrs. Wilson of Bibb, Echols of Upson, Willingham of Cobb and others:
A bill to codify the insurance laws of Georgia Code of 1933 entitled insurance, so as to substitute new provisions on the organization of the Insurance Department; and for other purposes.
Referred to Committee on Industry and Labor.
The hour for convening the Joint Session having arrived, under the provisions of HR 289, adopted by the House and Senate, the Senators appeared upon the floor of the House and the General Assembly convened in Joint Session for the purpose of electing a member of the State Highway Board from the Northern State Highway District and a member of the State Highway Board from the Central State Highway District.
The President of the Senate called the joint Session to order.
The Secretary of the Senate read the resolution providing for the Joint Session.
The President announced that the General Assembly was now ready to receive nominations for a member of the State Highway Board of Georgia from the Northern State Highway District.
Mr. Barber of Jackson placed in nomination the name of Honorable Willis N. Harden of Jackson County.
Messrs. Paris of Barrow and Hood of White and Senators Pannell of the 43rd and Marshburn of the 33rd seconded the nomination of Honorable Willis N. Harden.
Mr. Twitty of Mitchell moved that the nominations be closed, and the motion prevailed.
The following resolution was read:
HR 307. By Mr. Twitty of Mitchell and Senator Sanders of the 18th:
A RESOLUTION
Relative to the election of a member of the State Highway Board from the Northern State Highway District; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA IN JOINT SESSION ASSEMBLED that Honorable Willis N. Harden of Jackson County is hereby elected and declared to be a
THURSDAY, JANUARY 14, 1960
35
member of the State Highway Board of Georgia from the Northern State Highway District to serve an unexpired term ending February 8, 1964.
BE IT FURTHER RESOLVED that a copy of this resolution he delivered to His Excellency the Governor and to the Secretary of State, and said Honorable Willis N. Harden be commissioned as a member of the State Highway Board of Georgia from the Northern State Highway District of Georgia for the unexpired term ending February 8, 1964.
Senator Sanders of the 18th asked unanimous consent that the Secretary be directed to cast the vote of the entire membership present of the General Assembly for the adoption of the resolution.
The unanimous consent request was granted and the resolution was adopted.
The President declared that Honorable Willis N. Harden was elected as a. member of the State Highway Board from the Northern State Highway District.
The President appointed as a committee to notify Honorable Willis N. Harden of his election to the State Highway Board, the following members of the
General Assembly:
Senators Barrett of the 32nd and Woodall of the 25th; Messrs. Campbell of Walker, Winkle of Whitfield and Fowler of Douglas:
The President announced that the General Assembly was now ready to receive nominations for a member of the State Highway Board of Georgia from the Central State Highway District.
Mr. Hollis of Muscogee placed in nomination the name of Honorable Robert H. Jordan of Talbot County.
Messrs. Callier of Talbot, Ray of Warren, and Cheek of Taylor and Senators Woodall of the 25th and Sanders of the 18th seconded the nomination of Honorable Robert H. Jordan.
Mr. Twitty of Mitchell moved that the nominations be closed, and the motion prevailed.
The following resolutions were read:
HR 308. By Mr. Twitty of Mitchell and Senator Sanders of the 18th:
A RESOLUTION
Relative to the election of a member of the State Highway Board from the Central State Highway District; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA IN JOINT SESSION" ASSEMBLED that Honorable Robert H. Jordan of Talbot County is hereby elected and declared to be a member
36
JOURNAL OF THE SENATE,
of the State Highway Board of Georgia from the Central State Highway District to serve an unexpired term ending February 8, 1960.
BE IT FURTHER RESOLVED that a copy of this resolution be delivered to His Excellency the Governor and to the Secretary of State, and said Honorable Robert H. Jordan be commissioned as a member of the State Highway Board of Georgia from the Central State Highway District of Georgia for the unexpired term ending February 8, 1960.
HR 309. By Mr. Twitty of Mitchell and Senator Sanders of the 18th:
A RESOLUTION
Relative to the election of a member of the State Highway Board from the Central State Highway District; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA IN JOINT SESSION ASSEMBLED that Honorable Robert H. Jordan of Talbot County is hereby elected and declared to be a member of the State Highway Board of Georgia from the Central State Highway, District to serve a full six-year term ending February 8, 1966.
BE IT FURTHER RESOLVED that a copy of this resolution be delivered to His Excellency the Governor and to the Secretary of State, and said Honorable Robert H. Jordan be commissioneed as a member of the State Highway Board of Georgia from the Central State Highway District of Georgia for the full six-year term ending February 8, 1966.
Senator Sanders of the 18th asked unanimous consent that the Secretary be directed to cast the vote of the entire membership present of the General Assembly for the adoption of the resolutions.
The unanimous consent request was granted and the resolutions were adopted.
The President declared that Honorable Robert H. Jordan was ,elected as a member of the State Highway Board from the Central State Highway District.
The President appointed as a committee to notify Honorable Robert H. Jordan of his election to the State Highway Board, the following members of
the General Assembly:
Senators Barrett of the 32nd and Woodall of the 25th; Messrs. Campbell of Walker, Winkle of Whitfield and Fowler of Douglas.
Honorable Robert H. Jordan appeared before the Joint Session and expressed his appreciation for the honor bestowed upon him. He also expressed regret that illness prevented the appearance of his newly-elected colleague, Honorable
Willis N. Harden.
Mr. Twitty of Mitchell moved that the Joint Session be now dissolved and the motion prevailed.
THURSDAY, JANUARY 14, 1960
37
The President announced the Joint Session dissolved.
The senators returned to the Senate Chamber and were called to order by the president.
The following bills were read the second time:
SB 135. By Senator Woodall of the 25th:
A bill to amend an Act incorporating the Town of Woodland, in the county of Talbot, so as to change the name of the said town of Woodland to City of Woodland; to repeal conflicting laws; and for other purposes.
SB 136. By Senator Doster of the 48th:
A bill revising, superseding, and consolidating the laws relating to the State Game and Pish Commission, so as to provide for the consent of the State of Georgia for the acquisition of lands by the United States for the conservation, protection, propagation and development of all species of fish and wildlife; to repeal conflicting laws; 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.
38
JOURNAL OF THE SENATE,
Senate Chamber, Atlanta, Georgia, Monday, January 18, i960.
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 Marshburn, Jr., First Associate Reformed Presbyterian Church, Statesville, North Carolina, son of Senator Marshburn of the 33rd District.
By unanimous consent, the call of the roll was dispensed with.
Senator Clary of the 29th reported that the journal of Thursday'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 Culpepper of the 7th 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 adopted the following resolutions of the House, to-wit:
HR 301. By Mr. Twitty of Mitchell:
A resolution calling for a joint session to hear a talk by Wallace Butts; and for other purposes.
HR 306. By Messrs. Smith of Emanuel, Bagby of Paulding and many others:
A resolution wishing a speedy recovery for Honorable James L. Gillis, Sr., and for other purposes.
The following bills and resolutions were introduced, read the first time and referred to committees:
MONDAY, JANUARY 18, 1960
39
SB 142. By Senator Smith of the 4th:
A bill to amend Code Sec. 53-202, relating to the application for a marriage license; to repeal conflicting laws; and for other purposes.
Referred to committee on Health and Welfare.
SR 84. By Senators Smith of the 4th and Sanders of the 18th:
A resolution ratifying an easement granted by the Government to the United States of America for the purpose of a safety zone in the Crooked River State Park in Camden County, Georgia; and for other purposes.
Referred to Committee on Government Operations.
SR 85. By Senator Sanders of the 18th:
A resolution relating to the building of cabins at State Parks, so as to permit the construction of quarters for the housing of park personnel where necessary.
Referred to Committee on Government Operations.
The following bills and resolutions were read the second time:
SB 137. By Senators Smith of the 4th; Holt of the 54th; Woodall of the 25th; Sanders of the 18th; Mobley of the 17th; McGill of the 50th; Purcell of the 31st, and Culpepper of the 7th:
A bill to amend Code Section 32-1004, relating to the qualifications of county school superintendents, so as to change such qualifications; to repeal conflicting laws; and for other purposes.
SB 138. By Senators Jernigan of the 5th; Mobley of the 17th; Sanders of the 18th; Holt of the 54th; Woodall of the 25th; Smith of the 4th; Culpepper of the 7th; Purcell of the 31st; and McGill of the 50th:
A bill to amend Code Section 32-1008, relating to the filling of vacancies in the office of county superintendent of schools, as amended; to repeal conflicting laws; and for other purposes.
SB 139. By Senators Sanders of the 8th and Vaughn of the 34th:
A bill to amend an Act which provided for the coverage of certain officers and employees of the State and political subdivisions under the Old Age and Survivors Insurance Provisions of Title II of the Federal Social Security Act, as amended; to repeal conflicting laws; and for other purposes.
SB 140. By Senators Jernigan of the 5th; Smith of the 4th; Marshburn of the 33rd; and Roach of the 39th:
A bill to amend an Act creating the Minimum Foundation Program of Education, as amended; to repeal conflicting laws; and for other purposes.
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JOURNAL OF THE SENATE,
SB 141. By Senators Sanders of the 18th and Culpepper of the 7th:
A bill to amend an Act providing for the erection of welcome stations at the entrance of Federal Highways into the State; and for other purposes.
SR 76. By Senators Jernigan of the 5th; Mobley of the 17th; Sanders of the 18th; Smith of the 4th; Woodall of the 25th; Culpepper of the 7th; and Purcell of the 31st:
A resolution proposing an amendment to the Constitution so as to change the provisions relating to the mileage limitation for the tax levy for education; and for other purposes.
SR 77. By Senator Sanders of the 18th:
A resolution authorizing the conveyance of certain property in Richmond County; and for other purposes.
SR 78. By Senators Sanders of the 18th and Culpepper of the 7th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall have the power to establish an Industrial Development Commission, with a resulting fund from which loans may be made available to industrial development agencies; and for other purposes.
SR 79. By Senator Vaughn of the 34th:
A resolution proposing an amendment to the Constitution so as to increase the debt limitation of Rockale County; and for other purposes.
SR 80. By Senator Vaughn of the 34th:
A resolution proposing an amendment to the Constitution so as to authorize the licensing and regulation of businesses in the unincorporated areas of Rockdale County; and for other purposes.
HB 115. By Messrs. Wilson of Bibb, Echols of Upson and others:
A bill to codify the insurance laws; to substitute new provisions on organization of insurance department; and for other purposes.
Mr. 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 and resolutions of the Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SB 133. Do Pass.
SR 76. Do Pass.
SR 78. Do Pass.
MONDAY, JANUARY 18, 1960
41
SR 79. Do Pass. SR 80. Do Pass.
Respectfully submitted,
Vaughn of 34th District, Secretary.
The following general bills and resolution, favorably reported by the committees, were read the third time and put upon their passage:
SB 128. By Senators Culpepper of the 7th and Sanders of the 18th:
A bill to provide for a sound program of self-insurance for the State of Georgia; 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 insurance of all the State's insurance property; to provide for a sound program of self-insurance; to authorize the Supervisor of Purchases to formulate such a program and to make studies in connection therewith; to authorize the establishment of an insurance reserve fund; to authorize the employment of an expert insurance underwriter; to repeal conflicting laws; and for other purposes.
NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Governor shall keeep insured all the insurable property of the State of Georgia, including, but not limited to, the public buildings and the contents thereof. The Governor is authorized to draw his warrant upon the treasury annually for such sums as may be necessary to keep the insurable property of the State adequately protected by insurance. The Governor shall in keeping insured the State's property implement a sound program of self-insurance as hereinafter provided which may include assuming by the State some, or all, of the various risks or hazards under such plan of self-insurance.
Section 2. The Supervisor of Purchases may immediately formulate and initiate a plan of self-insurance for the State's properties. He shall cause (a) a complete appraisal to be made of all the State's existing insurable property as to value, (b) a complete classification to be made of all the State's existing insurable property by type of risk, and (c) a determination and recommendation to be made of the amount and extent of self-insurance which the State can assume, the necessary reserves needed, the minimum claim to be paid on each risk, and the type of additional or excess insurance coverage that may be required. Upon the formulation of a plan of self-insurance based on the foregoing determinations made and submitted by the Supervisor of Purchases, the Governor, by executive order, may establish and effectuate a plan of self-insurance and the General Assembly from time to time shall provide and maintain by appropriation an Insurance Reserve Fund.
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Section 3. The Supervisor of Purchases is authorized and empowered to employ, as a regular member of his staff, a person with expert knowledge, training, and experience in underwriting and planning and such other personnel, including temporary professional insurance engineers and actuaries, as are necessary to carry out the details herein provided.
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 35, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 129. By Senators Culpepper of the 7th and Sanders of the 18th:
A bill to provide for purchase of state-employee fidelity bonds by the Supervisor of Purchases; 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 130. By Senators Culpepper of the 7th and Sanders of the 18th:
A bill to transfer mileage allowance supervision from Supervisor of Purchases to the Budget Bureau; 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 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 131. By Senators Culpepper of the 7th and Sanders of the 18th:
A bill to abolish the Office of Supervising Inspector of Naval Stores; and for other purposes.
MONDAY, JANUARY 18, 1960
43
The report 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 132. By Senators Culpepper of the 7th and Sanders of the 18th:
A bill to consolidate and revise statutes of the Merit System including (a) requirement for a quarterly reporting on number of employees, and (b) approval of the Budget Bureau for pay adjustments; to repeal conflicting laws; and for other purposes.
Senator Culpepper of the 7th moved that action on SB 132 be postponed until January 19th and the motion prevailed.
SB 134. By Senators Culpepper of the 7th and Sanders of the 18th:
A bill to abolish the Social Security Board and create a State Welfare Advisory Board;
Senator Culpepper of the 7th moved that action on SB 134 be postponed until January 19th and the motion prevailed.
SR 71. By Senator Woodall of the 25th:
A resolution proposing an amendment to the Constitution so as to authorize the establishment of area schools, including vocational trade schools; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"Any two or more counties, or any two or more municipalities, or any county and municipality, or combination thereof may jointly establish area schools, including vocational trade schools. The State is hereby authorized to expend funds for the support of such schools as it does for presently established school systems. The political subdivisions establishing such a school shall provide for a joint board to administer any such school, and the State is hereby authorized to contract with such board relative to the expenditure of funds for such school. Any such political subdivision is hereby authorized to levy taxes for the support of such school regardless of whether it is located within the territorial limits of such subdivision. Any such political subdivision is hereby authorized to incur bonded indebtedness not to exceed three per centum of the assessed value of all the taxable property therein for the support of such a school. Any such bonded indebtedness shall be incurred pursuant to the provisions of this Constitution and the laws of
44
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this State relative to incurring other bonded indebtedness. Such bonded indebtedness shall be in addition to any and all other indebtedness authorized by the Constitution and the laws of Georgia, The amount of funds which each political subdivision establishing such a school shall pay shall be determined and agreed upon by and between all the political subdivisions involved. In the event it deems it necessary, the General Assembly is hereby authorized to enact laws pursuant to, but not in conflict with, the provisions of this paragraph."
Section 2. When tbe above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to
I
authorize the establishment of area schools, including vocational
trade schools.
"Against ratification of amendment to the Constitution so as to authorize the establishment of area schools, including vocational
trade schools."
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 Brooks Brown Cannon Carlisle Clary
Crowe
Culpepper Darby Doster Drew Dykes Edenfield Greer
Holt
Holton Jernigan Kiker Land Lanier Lindsey of llth Lindsey of 53rd
MONDAY, JANUARY 18, 1960
45
Livingston Marshall Marshburn Mercer Mobley McGill
Nixon Pannell
Perry Purcell Ramsey Redwine Roach Roper Sanders Screws
Shaw Slade Smith Vaughn Watson Woodall 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.
Senator Ramsey of the 1st, 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 of Representatives:
SR 81.
Respectfully submitted,
Ramsey of the 1st District, Chairman.
The following resolutions were read and adopted:
HR 295. By Messrs. Cox and Matthews of Clarke, Twitty of Mitchell and others: A resolution to honor the memory of Abit Nix; and for other purposes.
HR 296. By Messrs. Bozeman of Thomas, Hill of Meriwether, Ray of Warren and others:
A resolution commending Honorable George T. Smith; and for other purposes.
HR 301. By Mr. Twitty of Mitchell:
A resolution calling for a joint session to hear a talk by Wallace Butts; and for other purposes.
The president appointed as a Committee of Escort the following:
Senators McGill of the 50th, Nixon of the 35th, Vaughn of the 34th, Perry of the 24th and Sanders of the 18th.
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HR 306. By Messrs. Smith of Emanuel, Bagby of Paulding and many others:
A resolution wishing a speedy recovery for Honorable James L. Gillis, Sr.; 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.
TUESDAY, JANUARY 19, 1960
47
Senate Chamber, Atlanta, Ga. Tuesday, January 19, 1960.
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. Guy Hutcheson, First Methodist Church, Moultrie, 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 read and found correct.
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
Senator Culpepper of the 7th 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 582. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend the "State School Building Authority Act", to eliminate interest rate restrictions on revenue bonds; and for other purposes.
HB 583. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend the Code relating to the Budget Bureau so as to expand the Finance Commission; and for other purposes.
HB 584. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to require pre-employment physical examinations for State Employees; and for other purposes.
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HB 585. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to provide for permanent license plates for State-owned vehicles and those of political subdivisions when used for governmental purposes; and for other purposes.
HB 586. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend the law providing for destruction of obsolete State records; and for other purposes.
HB 587. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to create the office of advisor to Institutional farms and an advisory committee in the Department of Agriculture; and for other purposes.
HB 588. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend the "State Hospital Authority Act" to eliminate restrictions on interest rate on revenue bonds; and for other purposes.
HB 589. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend the "State Office Building Authority Act" to eliminate restriction upon rate of interest on revenue bonds; and for other purposes.
The House has adopted the following resolution of the House, to-wit:
HR 326. By Messrs. Smith of Emanuel, Twitty of Mitchell and many others:
A resolution paying tribute to the mayors and other municipal officials and employees; and for other purposes.
The following resolutions were read and adopted: SR 86. By Senator Culpepper of the 7th:
A resolution acknowledging the birthdays of Senators Clary and Nixon.
HR 326. By Messrs. Smith of Emanuel, Twitty of Mitchell and many others:
A resolution paying tribute to the mayor and other municipal officials and employees; and for other purposes.
The following bills were introduced, read the first time and referred to committees:
SB 143. By Senator Brown of the 52nd:
A bill to effectuate a constitutional mandate of this State providing for the selection of grand jurors in the several counties of this State by providing for the continuity of investigation commenced by any grand jury, but uncompleted prior to sine die adjournment; and for other purposes.
Referred to Committee on Judiciary.
TUESDAY, JANUARY 19, 1960
49
SB 144. By Senator Perry of the 24th:
A bill which provides that the Secretary of State shall employ some person or persons to compile the Acts and Resolutions of the General Assembly.
Referred to Committee on Judiciary.
SB 145. By Senator Greer of the 6th:
A bill to simplify the operations of the Executive Branch of the State Government, to create a State Board of Health; and for other purposes.
Referred to Committee on Health & Welfare.
SB 146. By Senators Sanders of the 18th and Culpepper of the 7th:
A bill to transfer the Georgia School for Mental Defectives (Gracewood) to the State Board of Public Health; and for other purposes.
Referred to Committee on Government Operations.
SB 147. By Senators Sanders of the 18th and Culpepper of the 7th:
A bill to authorize Budget Bureau to establish working hours; and for other purposes.
Referred to Committee on Government Operations.
SB 148. By Senator Vaughn of the 34th:
A bill to provide for a commission form of government composed of three commissioners and a City Manager for the City of Conyers, Georgia; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 149. By Senator Vaughn of the 34th:
A bill to change amount authorized for clerical help for Commissioner of Rockdale County, Georgia; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 582. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend the "State School Building Authority Act", to eliminate interest rate restrictions on revenue bonds; and for other purposes.
Referred to Committee on Government Operations.
HB 583. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend the Code relating to the Budget Bureau so as to expand the Finance Commission; and for other purposes.
Referred to Committee on Rules.
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HB 584. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to require pre-employment physical examinations for State employees; and for other purposes.
Referred to Committee on Government Operations.
HB 585. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to provide for permanent license plates for State-owned vehicles and those of political subdivisions when used for governmental purposes; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 586. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend the law providing for destruction of obsolete State records; and for other purposes.
Referred to Committee on Rules.
HB 587. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to create the office of advisor to institutional farms and an advisory committee in the Department of Agriculture; and for other purposes.
Referred to Committee on Government Operations.
HB 588. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend the "State Hospital Authority Act" to eliminate restrictions on interest rate on revenue bonds; and for other purposes.
Referred to Committee on Health and Welfare.
HB 589. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend the "State Office Building Authority Act" to eliminate restriction upon a rate of interest on revenue bonds; and for other purposes.
Referred to Committee on Rules.
The following bills and resolutions were read the second time:
SB 142. By Senator Smith of the 4th:
A bill to amend Code Sec. 53-202, relating to the application for a marriage license; to repeal conflicting laws; and for other purposes.
SR 84. By Senators Smith of the 4th and Sanders of the 18th:
A resolution ratifying an easement granted by the Government to the United States of America for the purpose of a safety zone in the Crooked River State Park in Camden County, Georgia; and for other purposes.
TUESDAY, JANUARY 19, 1960
51
SR 85. By Senator Sanders of the 18th:
A resolution relating to the building of cabins at State Parks, so as to permit the construction of quarters for the housing of park personnel where necessary.
Mr. Greer of the 6th District, Secretary of the Committee on Government Operations, submitted the following report:
Mr. President:
Your Committee on Government Operations has had under consideration the following resolution of the Senate, and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SR 77. Do Pass.
Respectfully submitted,
Greer of the 6th District, Secretary.
Mr. 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 bills of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 137. Do Pass.
SB 138. Do Pass.
SB 140. Do Pass.
Respectfully submitted,
Jernigan of 5th District, Chairman.
Mr. 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 recommendations:
HR 137. Do Pass.
Respectfully submitted,
Vaughn of 34th District, Secretary.
The following local uncontested bills were read the third time and put upon their passage:
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JOURNAL OF THE SENATE,
SR 79. By Senator Vaughn of the 34th:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the debt limitation of Rockdale County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"Effective January 1, 1961, the debt limitation of Rockdale County shall be ten per centum of the assessed value of all the taxable property therein in lieu of the seven per centum limitation heretofore prescribed in this Paragraph."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to increase the debt limitation of Rockdale County.
"Against ratification of amendment to the Constitution so as to increase the debt limitation of Rockdale County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 45th Breedlove
Brown Buff Clary
Culpepper Darby Doster
TUESDAY, JANUARY 19, 1960
53
Edenfield Greer Holton Home Jernigan Kennedy Lanier Lindsey of llth Lindsey of 53rd
Livingston
Marshall Marshburn Mercer McGill Nixon Pannell Perry Purcell Ramsey
Redwine
Roach Roper Sanders Screws Shaw Slade Smith Vaughn Woodall
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 38, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
SR 80. By Senator Vaughn of the 34th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the licensing and regulation of businesses in the unincorporated areas of Rockdale County; 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 XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of Rockdale County, by whatever name designated, shall have the right and power, for regulatory and revenue purposes to levy, assess, and collect license fees and occupational taxes from any persons, firms or corporations, except those subject to regulation by the State Public Service Commission, who may maintain a place of business or who may in any manner engage in any type of business in any area of Rockdale County outside the incorporated limits of municipalities; and in levying and assessing such license fees and occupational taxes, the governing authority shall have the right and power to classify businesses and to assess different license fees and taxes against different classes of business. To provide for the public welfare, health and security of the people of Rockdale County, the governing authority shall have the right to regulate and exercise police powers over any businesses operated within the unincorporated areas of said county, except those subject to regulation by the State Public Service Commission, and to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted, including the right to enforce payment of the license fees and occupational taxes by the issuance and levy of executions, and to provide that a violation of any such regulations adopted by the governing authority shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State
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JOURNAL OP THE SENATE,
of Georgia. No further enabling legislation by the General Assembly shall be necessary for the exercise of the powers herein granted, but the General Assembly may at any time modify, alter, restrict and limit the powers herein granted, and may at any time prescribe the manner and means by which the powers may be exercised by said governing authority."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the licensing and regulation of businesses in the unincorporated areas of Rockdale County.
"Against ratification of amendment to the Constitution so as to authorize the licensing and regulation of businesses in the unincorporated areas of Rockdale County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 45th Breedlove Brown Buff Clary Culpepper Darby Doster Edenfield Greer
Holton Home Jernigan Kennedy Lanier Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn Mercer
McGill Nixon Pannell Perry Purcell Ramsey Redwine Roach Roper Sanders Screws
TUESDAY, JANUARY 19, 1960
55
Shaw Slade
Smith Vaughn
Woodall
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 38, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
The following general bills and resolutions, favorably reported by the committees, were read the third time and put upon their passage:
SB 132. By Senators Culpepper of the 7th and Sanders of the 18th:
A bill to consolidate and revise statutes of the Merit System including (a) requirement for a quarterly reporting on number of employees, and (b) approval of the Budget Bureau for pay adjustments; to repeal conflicting laws; and for other purposes.
Senator Culpepper of the 7th offered the following substitute:
AN ACT
Approved February 4, 1943, as amended, (Ga. Laws 1943, pp. 171-177), establishing a Merit System of Personnel Administration as authorized in Article XIV of the Constitution of Georgia of 1945, so as to authorize the State Personnel Board of said System to require any official now required by law to submit a quarterly budget to the State Budget Bureau to also submit a copy of said Budget and such other essential information as may be prescribed or approved by the Governor to the Merit System Director; to provide that the State Budget Bureau shall approve adjustments to salary schedules; preserve status of employees and officials; to authorize a Hearing Officer and prescribe his duties; to exempt certain policy making positions; to repeal an Act to exempt certain employees under the Merit System (Ga. Laws 1959, page 82, Act 68); to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
Section 1.
That the Act approved February 4, 1943, as amended, (Ga. Laws 1943, pp. 171-177), establishing a Merit System of Personnel Administration as authorized in Article XIV of the Constitution of Georgia of 1945, be and the same is hereby amended by adding a new paragraph to Section 3 of said Act to read as follows:
(h) In order to furnish the Governor, the Legislature, and the general public with statistical information which can be used to assist them in making determinations in planning departmental programs and budgeting, each official required under present law to submit a quarterly budget to the State Budget Bureau shall send one copy of such proposed quarterly budget and such other essential
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JOURNAL OF THE SENATE,
personnel data as may be prescribed and approved by the Governor to the Merit System Director who shall compile and consolidate reports pertaining to the number of personnel, salaries, length of service, type of work, distribution of employees by departments, and other pertinent information.
Section 2.
That said Act as amended be and the same is hereby further amended by adding to paragraph (b) of Section 3 thereof relating to the Duties and Functions of said Merit System of Personnel Administration the following:
Before any adjustment to the salary schedules promulgated under the rules and regulations of the State Personnel Board shall become effective, it shall be approved by the Director of the State Budget Bureau.
Section 3.
That said Act as Amended be and the same is hereby further amended by adding to Paragraph (f) of Section 3 thereof the following:
The State Personnel Board of the State Merit System is authorized to appoint a Hearing Officer for the purpose of holding hearings, compiling evidence, and submitting said evidence to the Merit System Board for its determination, and for making investigations on behalf of the Board and the Merit System Director relating to personnel matters.
Section 4.
That said Act as Amended be and the same is hereby further amended by adding a new section to be appropriately numbered and to read as follows:
That in addition to the present exemptions of positions now authorized by law under the State Merit System, those positions of a purely policy making or confidential nature may be exempted upon application by the Department Head to the Governor for approval and transmission to the State Personnel Board, and such position shall be deemed to be exempt upon approval by the State Personnel Board. (A position of a purely policy making nature is defined hereunder to mean one charged with the responsibility and authority for the determination of policy matters, as contrasted to a covered position under which pre-determined policies are executed or carried out.)
Section 5.
That said Act as Amended be and the same is hereby further amended by adding a new section to be appropriately numbered and to read as follows:
Any employee or official, in a department or agency, subject to this Act, who has acquired a valid permanent status under the State Merit System of Personnel Administration, shall continue in such status, and shall not be required to take further or new examinations in order to retain his position or status.
TUESDAY, JANUARY 19, 1960
57
Section 6.
That said Act as Amended be and the same is hereby further amended by repealing an Act approved February 26, 1959, (Ga. Laws 1959, pp. 82-83) relating to exemption of certain employees from State Merit System in its entirety.
Section 7.
Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed.
On the adoption of the substitute, the ayes were 35, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 133. By Senators Roper of the 19th, Redwine of the 26th, Skelton of the 30th, Land of the 21st, Breedlove of the 27th, Greer of the 6th and Perry of the 24th:
A bill to be entitled an Act to amend Code Section 93-208 pertaining to the salaries of the members of the Georgia Public Service Commission and acts amendatory thereof so as to provide for a salary of $16,000 per annum; 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 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 134. By Senators Culpepper of the 7th, Sanders of the 18th:
A bill to abolish the Social Security Board and create a State Welfare Advisory 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 38, nays 0. The bill, having received the requisite constitutional majority, was passed.
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SR 76. By Senator Jernigan of the 5th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the provisions relating to the millage limitation for the tax levy for education; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VIII, Section XII, Paragraph I of the Constitution, relating to taxation by counties for education, as amended by an amendment ratified November 2, 1954 and found in Georgia Laws 1953, November-December Session, page 252, is hereby amended by striking the following:
"The fiscal authority of the several counties shall levy a tax for the support and maintenance of education not less than five mills nor greater than fifteen mills (as recommended by the county board of education) upon the dollar of all taxable property in the county located outside independent school systems. The independent school system of Chatham county and the city of Savannah, being co-extensive with said county, the levy of said tax shall be on all property in said county as recommended by the governing body of said system.
"The fifteen mill limitation provided in this paragraph may be removed or increased in a county under the procedure set out hereinafter. The county board of education, in order to instigate the procedure, must pass a resolution recommending that the limitation be removed and upon presentation of such resolution to the ordinary it shall be his duty, within ten days of the receipt of the resolution, to issue the call of an election to determine whether such limitation shall be removed. He shall set the election to be held on a date not less than twenty nor more than thirty days from the date of the issuance of the call and shall have the date and purpose of the election published in the official organ of the county once a week for two weeks preceding the date of the election. If a majority of the electors qualified to vote for members of the General Assembly voting in such election vote in favor of such proposal, there shall be no limitation in such county and the county board of education may recommend any number of mills not less than five for the purposes set out above. In lieu of recommending that the limitation be removed entirely, the board may recommend that it be increased and shall specify the amount in the resolution. The election provisions for increase shall be the same as for removal and if the proposal is favorably voted upon the board may recommend up to the specified amount. It shall be the duty of the ordinary to hold the election, to canvass the returns and declare the results. It shall also be his duty to certify the results to the Secretary of State. The expense of the election shall be borne by the county."
and inserting in lieu thereof the following:
"The fiscal authority of the counties shall levy a tax for the
TUESDAY, JANUARY 19, 1960
59
support and maintenance of education not less than five mills (as recommended by the county board of education) upon the dollar of all taxable property in the county located outside independent school systems. The independent school system of Chatham county and the city of Savannah being co-extensive with said county, the levy of said tax shall be on all property in said county as recommended by the governing body of said system."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of the amendment to the Constitution so as to change the provisions relating to the millage limitation for tax levy for education.
"Against ratification of the amendment to the Constitution so as to change the provisions relating to the millage limitation for the tax levy for education."
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 Culpepper
Doster Edenfield Hays Holt Holton Home Jernigan Kennedy Land
Lanier Lindsey of llth Livingston Marshburn Mercer Mobley McGill Pannell Perry
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Purcell Eamsey Redwine Roach
Sanders Screws Shaw Slade
Smith Vaughn Watson Woodall
Those voting in the negative were Senators:
Barrett of 45th Drew
Roper Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 39, nays 4.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
Senator Skelton of the 30th was called from the Senate Chamber by constituents from his Senatorial District but stated that had he been present he would have voted aye.
SR 78. By Senators Culpepper of the 7th and Sanders of the 18th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly shall have the power to establish an Industrial Development Commission, with a resulting fund from which loans may be made available to industrial development agencies to aid them in acquiring and constructing industrial and manufacturing plants and facilities within the State; to provide that the power of taxation may be exercised by the General Assembly to carry out the purposes of said Commission; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article VII, Section II of the Constitution, relating to purposes and methods of taxation, is hereby amended by adding a new Paragraph to said Section to be known as Paragraph VI, and to read as follows:
"Paragraph VI. The General Assembly shall have the power to create as a body corporate and politic an Industrial Development Commission, with a resulting fund from which loans, to be secured by second mortgages, may be extended to such industrial development agencies as the Industrial Development Commission may select from critical economic areas within the State. Provided, that said agencies shall have raised sufficient capital and secured commitments for additional financing, which, in addition to the loan to be extended by said Commission, will adequately insure the completion of said project. The powers of taxation may be exercised through the General Assembly in order to implement and carry out the purposes for which said Commission is to be created."
TUESDAY, JANUARY 19, 1960
61
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide that the General Assembly shall have the power to establish an Industrial Development Commission, with a resulting fund from which loans may be made available to industrial development agencies to said them in acquiring and constructing industrial and manufacturing plants and facilities within the State; and to provide that the General Assembly shall have the power to tax to carry out and implement the purposes of the Commission.
"Against ratification of amendment to the Constitution so as to provide that the General Assembly shall have the power to establish an Industrial Development Commission, with a resulting fund from which loans may be made available to industrial development agencies to aid them in acquiring and constructing industrial and manufacturing plants and facilities within the State; and to provide that the General Assembly shall have the power to tax to carry out and implement the purposes of the Commission."
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 Sanders of the 18th offered the following amendment:
Amend SR 78 by striking from the title thereof the comma and words "with a resulting fund from which loans may be made" as they appear between the words "Commission" and "available" and substituting in lieu thereof the words "to make loans".
By striking from Section 1 the first sentence in its entirety as it appears in the proposed Paragraph VI and inserting in lieu thereof the following:
"The General Assembly shall have the power to create an Industrial Development Commission to make loans, to be secured by second mortgages, to such industrial development agencies as the Industrial Development Commission may select: Provided, that said agencies shall have raised sufficient capital and secured com-
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mitments for additional financing, which, in addition to the loan to be extended by said Commission, will adequately insure the completion of said project."
By striking from the quoted material to be placed on the ballot in Section 2 the comma and words "with a resulting fund from which loans may be made" wherever the same shall appear between the words "Commission" and "available" and substituting in lieu thereof the words "to make loans".
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 adoption of the resolution, was agreed to as amended.
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 Barrett of 45th Breedlove Brown Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster Drew Dykes Gearreld Greer Hays
Holt Holton Horne Jernigan Kennedy Land Lanier Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley McGill Nixon Pannell
Perry Purcell Ramsey Redwine Roach Roper Sanders Screws Shaw Skelton Slade Smith Vaughn Watson Woodall Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 50, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted as amended.
HR 137. By Messrs. Ployd of Chattooga, Steis of Harris, Huddleston of Fayette, McKenna of Bibb, Smith and Winkle of Whitfield:
A resolution authorizing the issuance of license tags to the Commanders of certain patriotic organizations; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
TUESDAY, JANUARY 19, 1960
63
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Ramsey of the 1st, 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 of Representatives:
SB 128.
SB 129.
SB 130.
SR 71.
Respectfully submitted,
Ramsey of the 1st District, Chairman.
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, Wednesday, January 20, 1960.
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. Guy Hutcheson, First Methodist Church, Moultrie, 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 read and found correct.
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
Senator Culpepper of the 7th 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 572. By Mr. Gowen of Glynn:
A bill to provide for persons afflicted with tuberculosis who shall be confined in jail; and for other purposes.
HB 597. By Messrs. Brooks, Smith and McClelland of Fulton:
A bill to provide that any officer or employee of the State of Georgia or any County or City thereof enters a plea of nolo Contendere to any criminal charge involving moral turpitude shall forfeit his office; and for other purposes.
WEDNESDAY, JANUARY 20, 1960
66
HB 604. By Mr. Twitty of Mitchell:
A bill to require trustees to distribute income from trust property annually, on a calendar or fiscal year basis unless otherwise provided or directed; and for other purposes.
HB 609. By Messrs. Gowen and Killian of GHynn and others:
A bill to further supplement the salary of the Judge of the Superior Courts of the Brunswick Judicial Circuit; and for other purposes.
HB 610. By Mr. Ellis of Henry: A bill to amend an Act relating to notice of application for order to sell and reinvest the estate of a ward; and for other purposes.
HB 611. By Mr. Gowen of Glynn: A bill to provide for the recording of options to purchase land of assignments thereof; and for other purposes.
HB 612. By Messrs. Smith of Emanuel, Twitty of Mitchell and others: A bill to amend an Act to provide that the State Auditor and Superintendent of Banks shall be added to the membership of the State Depository; and for other purposes.
HB 618. By Messrs. Brennan, Cheatham and McGee of Chatham: A bill to amend an Act so as to provide for the use of facsimile signatures by the Clerks of the Superior Court; and for other purposes.
HB 633. By Messrs. Palmer of Mitchell, Orr of Wilkes, and others: A bill to repeal Code Section 26-6701, relating to punishment for permitting a minor to roll tenpins; and for other purposes.
The following bills were introduced, read the first time and referred to committees:
SB 150. By Senators Greer of the 6th and Brown of the 52nd: A bill to protect the public against injurious, unfair and uneconomical practices in the sale of certain merchandise; and for other purposes.
Referred to Committee on Industry and Labor.
SB 151. By Senator Brown of the 52nd: A bill to amend the charter of the City of Atlanta; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 152. By Senator Brown of the 52nd: A bill to amend Voters' Registration Act of 1958.
Referred to Committee on County and Municipal Governments.
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SB 153. By Senator Greer of the 6th:
A bill to delete the provision exempting employees of the State and Federal Governments assisting farmers in agricultural programs; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
SB 154. By Livingston of the 38th:
A bill to amend the Used Car Dealers Registration Act; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 572. By Mr. Gowen of Glynn:
A bill to provide for persons afflicted with tuberculosis who shall be confined in jail; and for other purposes.
Referred to Committee on Health and Welfare.
HB 597. By Messrs. Brooks, Smith and McClelland of Fulton:
A bill to provide that any officer or employee of the State of Georgia or any county or city thereof enters a plea of nolo contendere to any criminal charge involving moral turpitude shall forfeit his office; and for other purposes.
Referred to Committee on Judiciary.
HB 604. By Mr. Twitty of Mitchell:
A bill to require trustees to distribute income from trust property annually, on a calendar or fiscal year basis unless otherwise provided or directed; and for other purposes.
Referred to Committee on Judiciary.
HB 609. By Messrs. Gowen and Killian of Glynn and others:
A bill to further supplement the salary of the Judge of the Superior Courts of the Brunswick Judicial Circuit; and for other purposes.
Referred to Committee on Judiciary.
HB 610. By Mr. Ellis of Henry:
A bill to amend an act relating to notice of application for order to sell and reinvest the estate of a ward; and for other purposes.
Referred to Committee on Judiciary.
HB 611. By Mr. Gowen of Glynn:
A bill to provide for the recording of options to purchase land and of assignments thereof; and for other purposes.
Referred to Committee on Judiciary.
WEDNESDAY, JANUARY 20, 1960
67
HB 612. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A bill to amend an act to provide that the State Auditor and Superintendent of Banks shall be added to the membership of the State Depository; and for other purposes.
Referred to Committee on Banking and Finance.
HB 618. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to amend an act so as to provide for the use of facsimile signatures by the Clerks of the Superior Courts; and for other purposes.
Referred to Committee on Judiciary.
HB 633. By Messrs. Palmer of Mitchell, Orr of Wilkes and others:
A bill to repeal Code Section 26-6701, relating to punishment for permitting a minor to roll tenpins; and for other purposes.
Referred to Committee on Judiciary.
The following bills were read the second time:
SB 143. By Senator Brown of the 52nd:
A bill to effectuate a constitutional mandate of this State providing for the selection of grand jurors in the several counties of this State by providing for the continuity of investigation commenced by any grand jury, but uncompleted prior to sine die adjournment; and for other purposes.
SB 144. By Senator Perry of the 24th:
A bill which provides that the Secretary of State shall employ some person or persons to compile the Acts and Resolutions of the General Assembly.
SB 145. By Senator Greer of the 6th:
A bill to simplify the operations of the Executive Branch of the State Government, to create a State Board of Health; and for other purposes.
SB 146. By Senators Sanders of the 18th and Culpepper of the 7th:
A bill to transfer the Georgia School for Mental Defectives (Gracewood) to the State Board of Public Health; and for other purposes.
SB 147. By Senators Sanders of the 18th and Culpepper of the 7th:
A bill to authorize Budget Bureau to establish working hours; and for other purposes.
SB 148. By Senator Vaughn of the 34th:
A bill to provide for a commission form of government composed of three commissioners and a City Manager for the City of Conyers, Georgia; and for other purposes.
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SB 149. By Senator Vaughn of the 34th:
A bill to change amount authorized for clerical help for Commissioner of Rockdale County, Georgia; and for other purposes.
HB 582. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend the "State School Building Authority Act", to eliminate interest rate restrictions on revenue bonds; and for other purposes.
HB 583. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend the Code relating to the Budget Bureau so as to expand the Finance Commission; and for other purposes.
HB 584. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to require pre-employment physical examinations for State employees; and for other purposes.
HB 585. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to provide for permanent license plates for State-owned vehicles and those of political subdivisions when used for governmental purposes; and for other purposes.
HB 586. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend the law providing for destruction of obsolete State records; and for other purposes.
HB 587. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to create the office of advisor to institutional farms and an advisory committee in the Department of Agriculture; and for other purposes.
HB 588. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend the "State Hospital Authority Act" to eliminate restrictions on interest rate on revenue bonds; and for other purposes.
HB 589. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend the "State Office Building Authority Act" to eliminate restriction upon rate of interest on revenue bonds; and for other purposes.
Mr. Greer of the 6th District, Secretary of the Committee on Government Operations, submitted the following report:
Mr. President:
Your Committee on Government Operations has had under consideration
WEDNESDAY, JANUARY 20, 1960
69
the following resolutions of the Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SR 84. Do Pass.
SR 85. Do Pass.
Respectfully submitted,
Greer of 6th District, Secretary.
Mr. 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 bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 115. Do Pass, as Amended.
Respectfully submitted,
Wright of 42nd District, Chairman.
Mr. 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 583. Do Pass.
HB 586. Do Pass.
HB 589. Do Pass.
Respectfully submitted,
Vaughn of 34th District, Secretary.
Mr. Greer of the 6th District, Secretary of the Committee on Government 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 582. Do Pass.
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HB 584. Do Pass. HB 587. Do Pass.
Respectfully submitted,
Greer of 6th District, Secretary.
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 House to wit:
HE 340. By Messrs. Love of Catoosa, Gross of Stephens and Palmer of Mitchell:
A resolution relative to the inspection of State property in Chattanooga, Tenn.; and for other purposes.
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 an address by Coach Wally Butts, was called to order by the president.
The reading clerk of the Senate read HR 301 providing for the joint session.
Accompanied by Governor Vandiver, the committee of escort and other distinguished guests, Coach Wally Butts appeared upon the floor of the House.
The president of the Senate recognized Governor S. Ernest Vandiver, who introduced Coach Butts to the members of the General Assembly with the following remarks:
LIEUTENANT-GOVERNOR BYRD, HOUSE SPEAKER SMITH, MEMBERS OF THE SENATE AND HOUSE OF REPRESENTATIVES, OFFICIALS OF THE STATE, AND DEVOTEES OF THAT GREAT AND THRILLING SPORT FOOTBALL:
This is truly a Stellar occasion in a special sense of the word, and I appreciate the privilege of presenting the "Star" who you seek to honor with a richly-deserved tribute at this joint session of the General Assembly of Georgia.
Wherever football is played or talked, this man's name and fame are legend. He stands in the front ranks as a molder of men as well as a maker of gridiron giants who go on to fame of their own.
James Wallace Butts is a direct descendant of a Georgia pioneer for whom Butts County was named. He is the only native Georgian to attain national prominence as a football coach. And only two other coaches, Frank Thomas and General Bob Neyland, have equalled his feat of winning four championships in the toughest football league in the country.
Now beginning his 21st year as head coach of the University of Georgia Bulldogs, Wallace Butts has strung together an amazing chain of triumphs in this sport of hearty and husky men. Let me tick off some of them for you:
WEDNESDAY, JANUARY 20, 1960
71
He had phenomenal success in 10 years of prep school coaching, losing only 10 games, and never failing to turn out an undefeated championship team at each of the three schools where he coached before going to Georgia as an assistant coach in 1938.
His 24-year record with the Bulldogs, shows 124 victories against 81 losses and 9 ties including seven bowl games. His average of .605 is remarkable when you consider that almost two-thirds of these games were away from Athens. His teams were Southeastern Conference Champions in 1942-46-48 and 1959!
Some of the brightest luminaries of the sports world have galloped to fame from the brilliant tutelage of Coach Butts. Remember the magic of these names ? Frankie Sinkwich .... Charlie Trippi .... Johnny Rauch .... George Poschner .... Zeke Bratowski .... Lamar Davis.
And Wally Butts is a Coach who produces other coaches. But no pupil has ever outstripped the teacher.
Last year he was elected President of the American Football Coaches' Association and he was voted the Southeastern Conference Coach of the Year, as well as runner-up, to the Syracuse Coach of the Year in the nation.
Georgia is proud of its many "firsts" in many fields. I give you now our own Mister First of Football WALLACE BUTTS.
Coach Wally Butts addressed the General Assembly as follows:
LT. GOVERNOR BYRD: I take great pleasure in presenting to this joint session of the General Assembly of Georgia, His Excellency, The Governor, S. Ernest Vandiver. (Applause)
GOVERNOR VANDIVER: Lt. Governor Byrd, House Speaker Smith, member of the Senate, the House of Representatives, officials of the state government, fans of that great and thrilling sport football. This is truly a stellar occasion in a special sense of the word, and I appreciate deeply the privilege of presenting the star whom you seek to honor with a richly deserved tribute at this joint session of the General Assembly of Georgia. Wherever football is played and talked, this man's name and fame are legend. He stands in the front ranks as a molder of men, as well as a maker of gridiron giants who go on to fame on their own. James Wallace Butts is a direct descendant of a Georgia pioneer for whom Butts County was named. He's the only native Georgian to attain national prominence as a football coach, and only two other coaches, Frank Thomas and General Bob Neyland, have equalled his feat of winning four championships in the toughest football league in the country. Now beginning his twenty-first year as head coach of the University of Georgia Bulldogs, Wallace Butts has strung together an amazing chain of triumphs in this sport of hardy and husky men. Let me tell you about some of them. He had phenomenal success in ten years of prep school coaching, losing only ten games and never failing to turn out an undefeated championship team at each of the three schools where he coached before going to Georgia as assistant coach in 1938. His 24 year record with the Bulldogs shows 124 victories against 81 losses and 9 ties including 7 bowl games. His average of .605 is remarkable when you consider that almost two-thirds of these games were away from home. His teams were the Southeastern Conference champions in 1942, '46, '48, and this year, nineteen hundred fifty-nine. Some of the brightest luminaries of the sports world have galloped to fame from the brilliant tutelage of Coach Butts. Remember the magic names of Frankie Sinkwich, Charlie Trippi, Johnny Rauch,
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George Poschner, Zeke Bratowski and Lamar Davis. Wallace Butts is a coach who produces other coaches, but no pupil has ever outstripped the teacher. Last year last year he was elected President of the American Football Coaches Association. He was voted the Southeastern Conference Coach of the Year, and was runner-up to the Syracuse coach as the Coach of the Year of the Nation. Georgia is proud of its many firsts in many fields. I give you now our Mr. First in football, James Wallace Butts. (Applause)
COACH BUTTS: Governor Vandiver, Lt. Governor Byrd, Speaker Smith, members of the General Assembly, and visitors here today. I'd like to say in the beginning that this is a rather unusual meeting and definitely, I feel just a little out of place. Over a period of years I've always been just a little bit afraid of this particular group. I'd like to say that I do appreciate and am grateful to the members of the General Assembly, my friends in that group, who have made this meeting today possible. I am only sorry that I do not have the ability to express to you my heartfelt appreciation.
I think I should explain to you in the beginning that my speeches are not always effective. A number of years ago I was talking to my football team right before we played LSU. I told them everything that I could to make them go out and play hard and to win. I addressed a lot of my remarks to Bob Walston who now plays for the Philadelphia Eagles. I said to Bob, "You have a wonderful opportunity today. You are representing Georgia in this tough championship game. You are playing the position that Charlie Trippi played so well for years. You should be inspired. You should go out and do a great job." I saw Bob walk up to one of the assistant coaches before the game started and I was very anxious to know what impression I had made on Bob, so I called the coach over. I said, "What did Bob say?" He said Bob said: "If we ever get the ball down on the LSU goal line, put Coach Butts in ... he's ready."
And then I made another talk before one of our games with the University of Alabama. I told the team about a great back on the Alabama team named "Corky" Thorpe and I said to the Georgia team, "You must watch Thorpe he's a potential All American wonderful balance, speed, ability to go all the way." And I said to John Carson, "He runs your way and you surely must watch him all during the game." Early in the game the Alabama quarterback pitched out to Thorpe and he ran around Carson 68 yards for a touchdown. And I called Carson out for an interview. I said, "John, I thought I told you to watch Thorpe." And he said, "Coach, I did, and he's just as good as you said he was."
And I want all of you to know here today that I realize I do not deserve the honors that come my way following the 1959 football season at the University of Georgia. If you will pardon me, I'll follow the same procedure that I always have under the circumstances. I am only the representative of those who have done the job for Georgia. I represent, of course, the President of the University of Georgia, the faculty, the fine coaching staff and the boys who got the job done. That is the only way I could possibly accept any honor that is given to me. Football is a team game. It takes a team effort to win. Individual performance is always appreciated and yet it takes the combined efforts of a lot of people to produce a winning situation in anything. The Georgia story in 1959 is a simple one. The Georgia team is called the Cinderella team of 1959 the come-back team, and a lot of nice things have been said about them. They have been well coached by a group of fellows who are dedicated to the coaching profession. They've worked hard for years and haven't had the breaks and haven't had the well-rounded material necessary to win. So I salute the coaching staff of Georgia it has done a great job. And to the players, of
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course, it's a group that's close to my heart and to the hearts of Georgia people. I think all over the nation the Georgia team of 1959 was recognized as an outstanding group of athletes a bunch of fellows who really paid the price. This team had limited ability. Of course, where there's a winning situation, there's always some ability. They had a great desire to win, they were well disciplined, well conditioned and they were willing to take coaching. They lived up to their potential and that is really something worth mentioning. And they consistently performed and carried out their assignments. Because of this fortunate situation, Georgia was able to win the Southeastern Conference championship and a high national rating.
The Southeastern Conference in 1959 was the best balanced athletic organization in America so far as intercollegiate athletics are concerned. In 1957 Auburn won the national championship. In 1958 LSU won the national championship. In 1959 the Southeastern Conference had 3 teams in the first 5 as they were rated by the experts in America. To summarize the situation, I think I can tell you it's great to win, but I hope that Georgia has proved over a period of time they can win and lose gracefully and I would like to quote Bill Godfrey, our fullback, and his words describe the situation better than I possibly could. Bill Godfrey definitely is not a Phi Beta Kappa and he doesn't claim to be, but he expressed my feelings when he said, "Ain't people nice to you when you win."
I'm proud to be a Georgian and to be here with a great group of Georgians in this General Assembly ... A sense of pride of Georgians in their great athletic tradition. You definitely should be proud of your interest in athletics and I especially have for a long time been interested in football in addition to all sports. Football to me is a game for the heart and the mind. We need the toughness, the mental and physical training that goes with football. Football teaches team work, leadership, teaches those who play the game to play according to the rules, teaches them to pay the price to win. My great love for the game, in addition to the fact that it has been my profession for a great number of years is the fact that I believe it's the most democratic thing we have in our educational plan today. Some criticize football because a few in comparison actually compete. But there's no telling what the great value of the game is because of its great influence on the youth of America. As I say, I think it is the most democratic thing we have. It doesn't matter what a boy who plays the games name is. It doesn't matter about the financial status of his family, his religion, or whether or not he's born on the right side of the tracks. The only thing that really matters is can he get the job done. And I am glad that I have had the opportunity over a long period of years to devote my life to working with such a great game. Football, I think, represents the great competitive spirit of the American people. In America anyone can become a champion. I'm glad that we have competitive athletics as part of our educational plan. There's no finer way to educate the youth of America than through competitive athletics. Georgia should be proud of the great record that has been made in athletics, professional athletics, amateur athletics, and, of course, intercollegiate athletics. The most amazing progress, however, has been made in the high school level. The past few years through organization, improved coaching, football and other athletics have improved a lot in the state of Georgia. When we played Missouri in the Orange Bowl, ten out of eleven starters were from Georgia developed in Georgia. I know that all of us are proud of that.
The Georgia people are fortunate to have two great institutions Georgia Tech and the University of Georgia. They are not only great institutions of
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higher learning, but they are respected throughout the nation in athletics. Of course, I am happy to see anything successful in the state of Georgia. And since Coach Bobby Dodd can't be here, I think I should speak for him. Coach Dodd is a great coach and is recognized nationally as one of the great coaches of all time. He has the best bowl record of any coach. Of course, I think a lot of him personally, and I think he will develop into a full-rounded, good coach as soon as he learns how to say Georgia. I have a lot of interest in Coach Dodd, in fact, I've done a lot for him. I've made Coach Dodd a national figure there's no doubt about that. Of course, the Tech people like me very much too, cause we have done a lot for Georgia Tech even more than Coach Dodd sometimes, I think. You know Bobby is a great competitor. He fights hard to win football games, but he's not satisfied with that. At times he's called me and said, "I think our coaching staff can beat the Georgia coaching staff playing basketball" . . . and we've tried it. Now they've started this bowling craze all over the country and they've matched me against Coach Dodd and he's beaten me at bowling. He's a great competitor. But last summer when I read where one of his young athletes, Stan Gann, shot himself in the leg practicing the fast draw with live bullets, I called Coach Dodd. I said, "As lucky as you are, I don't want to play that game, I promise you."
Perhaps at times there's too much emphasis on winning football games. Reminds me of a story that Paul Dietzel, the fine young coach at LSU, tells on Frank Howard, forthright coach at Clemson College. He said he was playing Howard in the Sugar Bowl last season and right before the game he walked over to speak with Coach Howard. I've done that many times, ladies and gentlemen, I always walk over and talk to the opposing coach before the game. I've never been able to carry on an intelligent conversation with the gentleman and I don't like them too well just before the game and I realize there are 40 or 50,000 people in the stadium and we've gotta put on a show. But, anyway, Coach Dietzel said that just before he left Howard's side of the field to go back to talk to his boys before the kickoff, he said, "Coach Howard, in the game today I hope the better team wins." And Howard said, "The heck with that, I want Clemson to win."
And, of course, we haven't won enough games during our coaching career, I realize that not enough to suit the alumni of the University of Georgia . . . I've heard from that quite often. But it is true that for a ten year period the University of Georgia tied Notre Dame and Texas in winning the most games in football. It also is true that it will take some coach 25 years winning 10 a year to win more games than we have over a period of time. But we always remember the losing seasons we're reminded of that quite often and the losing games. In 1954 we had an opportunity to win the Southeastern Conference championship and went down to play Auburn at Columbus, Georgia, in that great traditional game. The Georgia people were talking about going to a bowl they were undefeated in the Conference. Since the Auburn coaching staff was made up the head coach had been my assistant for 7 yetars and 4 assistants who had played for the University of Georgia ... I thought that Auburn would take care of their own coach, and they did . . . we co-operated in every way and they scored 35 points. And after the game I tried to sneak out of the stadium down there in Columbus and I accidentally bumped into this lady. I said, "Pardon me, no offense." And she said, "Heck no, and no defense 35 points!"
You know, this year we got out of a trap out there at Georgia Tech that has been set for many years. We had won the championship against Auburn, and came over to play Georgia Tech and I knew they had the trap set because back in 1942 we had the same trap set for Tech. They had won the championship and they came over to play us for an opportunity to go to the Rose Bowl
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and that day we had a good day and won the ball game. And I think Coach Dodd will always remember that. The thing that I remember most about it was the fact that Coach Dodd had copied an unusual shift from the Navy. In the rule book they called it an illegal shift, but just to be fair with Coach Dodd, I will call it an unusual shift. We had a young fellow on our team at that time from Heath, Arkansas, named Bulldog Williams. Bulldog was not the smartest fellow I've ever known, but a good boy and he had the equipment that we like to see tackles who play this game of football have. Bulldog weighed 245 he was very aggressive. At that time you could wear a 1 x 4 on each arm under your shirt and he really believed in using them. When anyone came near him who didn't have on his color, he stroked 'em every time. Georgia Tech received and they started marching towards our goal line and on short yardage they'd use this unusual shift, but they hadn't told Bulldog about it. And Bulldog jumped over in the backfield and methodically dropped every Tech back, but they penalized Georgia 5 yards each time. After six first downs made in that way, the officials found out that they were calling the penalty on the wrong team and they reversed themselves. I called a guard out that I'd seen waving to Bulldog. I said, "What's going on out there what's wrong with Bulldog?" He said, "We can't do a thing with Bulldog. Every time I wave to him to stay on side he says, 'Quit looking at me. Coach Butts will think I'm causing all this trouble out here.' "
Of course, you know when you lose, a lot of rumors start flying ... no morale, no coaching, the coach is cruel to the boys . . . you hear a lot of things. And, of course, I've had to put up with that for years. I think what I should do actually with the losses we've had to Georgia ... I think I should blame the officials. You know I never have understood why they do some of the things they do, but I've copied the Bobby Dodd plan. Here lately we've been doing better. You know they never call anything on Coach Dodd. Reminds me of a story that Harry Mehre tells when he was coach at Georgia he took his team up to New York to play New York University, and as you know, when we go on these inter-sectional when we play these intersectional games, we have two officials and two are from that section of the country. Coach Mehre took two southern officials with him. One was from Montgomery, Alabama. His name was Red Sellers. Early in the game Harry Mehre thought he saw an opportunity for Red to call a penalty on New York University which would favor Georgia. So when Red trotted by the bench, he said, "Listen, Red, why didn't you call that penalty on New York University?" He said, "It isn't time yet." Later when New York University had the ball on the Georgia 8 yard line, first and goal to go, they gave the ball to the big fullback playing for New York. He ran into the line and ran to the one yard line and fumbled, and Red went under the pile and came up with the ball and pointed in the other direction and said, "Our ball first and ten."
Sometimes, of course, it's even tough on football coaches after they win. Season before last when we were fortunate enough to defeat Georgia Tech in Athens, the Georgia people were out at the Athens Country Club celebrating the victory. A party from Atlanta came up to the table where one of my married daughters was sitting and said, "You know, Georgia played a great game today . . . wonderful offense ... a fine defense . . . the score might even have been greater in favor of Georgia." But said, "You know, the bad part of it is we've got to put up with Butts another year." I want all of you to know that I am very grateful to the University of Georgia for giving me such a fine coaching opportunity many years ago. I appreciate the people who have followed Georgia over a long period of years. I admit that I have tested the loyalty of the faithful. But all the hard work and all the heartaches that
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we have gone through at Georgia are worthwhile because of the great boys we have had over there over the years. All of you or some of you do remember the Sinkwich and Trippi days. At that time we were bringing boys in from all over the United States. We brought about a better understanding throughout the country. We quite often have been asked who was the better football player Sinkwich or Trippi. I've had to answer it different ways a lots of times. I'll tell you about one of them. We played in the Rose Bowl in 1943. Frankie Sinkwich was the star who took us out there, I thought. We had a young sophomore on the team named Charlie Trippi and we took him along for the trip. Sinkwich was injured and we had to put Trippi in the game. We called on him to do the job and he did it and if it hadn't been for me, the head coach, Georgia would have defeated UCLA by a big score, but every time Georgia got in a scoring position, I realized that the 100,000 people watching the game knew who Trippi was and who Sinkwich was, but they didn't know who was coaching the University of Georgia, so I moved out in front of that Hollywood crowd and showed them who the coach was and I substituted quite often, but unwisely and I held the score down. But anyway, in spite of my coaching, Trippi finally beat 'em and they had a big party for him at Pittston, Pennsylvania. This party started at 7:30 in the evening and they called on me at 3 o'clock in the morning for the main address. I want you to know that I shall never forget some of the preliminaries. Most of the people there were Italians and everyone of them when they came to that meeting had a jug of Dago Red. A lot of things happened during the evening. On one occasion, Mr. Trippi, who is only about 5'6, weighing 145 or '50 pounds, backed by about 25 of the largest Italian coal miners I've ever seen, backed me in a corner. He said, "Who's the best Trippi or Sinkwich?" I said, "There's never been any doubt about it, it's always been Trippi!" Now, of course, Georgia boys are carrying the ball for Georgia and, of course, we know them better, but I still would not turn down a good one from anywhere else.
I've tried to show my appreciation to the University of Georgia by staying at Georgia through the years, and, of course I've never had any desire to coach any other place. I appreciate it . . ..
Now, I believe, however, that I should tell you that I think that the hardest place to make good is in your home state, and it hasn't always been easy, but we've enjoyed it.
At this time I would like to commend Governor Vandiver, Lt. Governor Byrd, and members of the General Assembly for the great and progressive job that they are doing for the State of Georgia. I believe that politicians in some respect are like coaches ... I am sure that everyone knows your business and gives you a lot of advice. I am sure that that is true of coaches. I would like to advance the idea at this time and me, a football coach that you can do no better job than to do what you are now doing than to (exert) all of your efforts and energies to the advancement of education in the State of Georgia. You are doing a great job and I realize that more than a lot of people in the State of Georgia. There's no better example of what you are doing than could be found on the campus at the University of Georgia. There are buildings going up everywhere, morale is good, because the faculty over there realizes that the Governor and the General Assembly is back of them. You have a wonderful faculty over there great tradition a fine plant and now a new science center, a center for continuing education . . . you have almost everything you need. And I want all of you here to know that I received one of my greatest thrills since I've been at Georgia, 21 years, when my friends Julian Cox and George Smith and Frank Twitty called me while I was at
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Miami at the NCAA rules committee meeting and told me that the Governor had decided to build a coliseum at the University of Georgia.
I would like for all of you to know that I was unselfish as I rejoiced over hearing that good news. I realize, of course, that this coliseum will help athletics, but not nearly as much as it will help agriculture in the state, the farmers of the state and not any more than it will help every other department of the University of Georgia. It is time in my opinion for the University of Georgia to dress up, to show off just a little bit, to sell itself to the people in Georgia. Most of us know that the University of Georgia is a great institution, but we need salesmanship. We should have everybody in the state knowing what you know and what I know about the University of Georgia. And I think that this new coliseum will do more than anything else that ever has been done to sell the University of Georgia and its greatness to the people of the state. And I'd like to say to you, Governor, that you have done a lot of great things for the state, and you will do a lot of great things in the future, but I doubt that you ever can possibly do any more to improve our situation than to start this coliseum for the University of Georgia. I'd like to see you keep up the good work that you're doing and may God bless you and guide you as you accept the great responsibility to the people of Georgia.
I'd like to say to you as I said in the beginning, I'm not a very good speaker and I'm afraid that I have not today expressed myself too well. It reminds me of the story of the preacher who called the coach in and said, "Fellow, you're a smart man, but it amazes me some of the language you use as you coach the boys." And the coach said to the preacher, "Some of the words I use are like the prayer words you use I don't really mean them all." So if I've said anything wrong, I don't really mean it.
Before closing here I'd like to thank all of you for permitting me to bring Winnie along with me. You know, as I travel around the country I see all kinds of books on the stands that counsel and advise in sunny, successful marriages, but honestly, I've never seen one that I thought would cover the situation so far as a football coach or a politician is concerned. So I am sure that she has suffered with me over the years and I'm very happy to have her here with me. She really should make the speech today. She does all the speaking at home. But one time I saw her when she didn't know what to say. We live in a rather large home over there in Athens, and sometimes the colored help from the athletic department is around, and Winnie is the executive type, and she gives orders from the distant parts of the house. And one day she was at her best. She was giving me commands, and the daughters, and all the colored help, and had a old, 75 year old, yard man out in the yard . . . his name was Wash Billups and he has a handle-bar mustache and he really is an unusual looking fellow. And he heard her. And he came in, he's so old he calls the white ladies."hon". He say, "Hon, I been out dar in the yard listening at you." Say, "You know it say in the Bible ... it say in the Bible every man, every man entitled to seven women. Say, now it don't say in the Bible how many men's a woman entitled to." Say, "If you don't quit fussing at Coach Butts, he gonna get him another one of them seven women."
Well, I'd like to close by thanking you again for having me come over with you and it's a great thrill to me in the autumn of my coaching career to have this opportunity to come over and be with you. Thank you very much.
LT. GOVERNOR BYRD: Coach Butts, permit me to express the appreciation of this body and the people of our state for the great contribution that you have made toward the growth of our great University System of Georgia and
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also the development of Georgia's young men and women. I want you to know that we are not unmindful of the fact that you have contributed a greater part of your life time, certainly most of your adult life, toward the development of that great University System and developing Georgia's young men, preparing them to go forth to assume their rightful positions of responsibility in our society. That we know that your great feats were not accomplished alone. It gives me great pleasure to present to this body and introduce to you a constant companion, one that has been a source of inspiration, the very charming beautiful wife of Coach Butts, Mrs. Winnie Butts.
Will the distinguished committee escort His Excellency, the Governor, Coach Butts, Mrs. Butts, and other members of their party, from the House chamber to the Governor's office.
The president of the Senate presented Mrs. Winnie Butts, the esteemed and devoted wife of Coach Butts, to the General Assembly.
Senator Culpepper of the 7th moved that the joint session be now dissolved and the motion prevailed.
The president of the Senate 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 bills and resolutions, favorably reported by the committees, were read the third time and put upon their passage:
SB 138. By Senators Jernigan of the 5th, Mobley of the 17th, Sanders of the 18th and many others:
A bill to amend code section 32-1003, relating to the filling of vacancies in the office of county superintendent of schools, as amended, so as to change the provisions relative to filling such vacancies; 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.
SB 140. By Senators Jernigan of the 5th; Smith of the 4th; Marshburn of the 33rd and Roach of the 39th: A bill to amend an act creating the Minimum Foundation Program of Education, as amended; to repeal conflicting laws; and for other purposes.
Senator Carlisle of the 51st offered the following amendment: Amend SB 140 by adding at appropriate place the following:
School systems established prior to 1877 are not affected by this Act.
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On the adoption of the amendment, the ayes were 31, nays 3, 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 24, nays 14.
The bill, as amended, having failed to receive the requisite constitutional majority, was lost.
Senator Jernigan of the 5th gave notice that at the proper time he would move to reconsider Senate action on SB 140.
SR 77. By Senator Sanders of the 18th:
A resolution authorizing the conveyance of certain property in Richmond 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 37, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SR 84. By Senators Smith of the 4th and Sanders of the 18th:
A resolution ratifying an easement granted by the Government to the United States of America for the purposes of a safety zone in the Crooked River State Park in Camden County, Georgia; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 32, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SR 85. By Senator Sanders of the 18th:
A resolution relating to the building of cabins at State Parks, so as to permit the construction of quarters for the housing of park personnel where necessary.
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.
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The resolution, having received the requisite constitutional majority, was adopted.
Senator Ramsey of the 1st, 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 of Representatives:
SB 132.
SB 133.
SB 134.
SR 76.
SR 78.
SR 79.
SR 80.
Respectfully submitted,
Ramsey of the 1st District, Chairman.
The following resolution was read and adopted:
HR 340. By Messrs. Love of Catoosa, Gross of Stephens and Palmer of Mitchell:
A resolution relative to the inspection of State property in Chattanooga, Tennessee; 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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Senate Chamber, Atlanta, Georgia, Thursday, January 21, 1960.
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. Guy Hutcheson, First Methodist Church, Moultrie, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Jernigan of the 5th moved that the Senate reconsider its action on the following bill of the Senate:
SB 140. By Senators Jernigan of the 5th, Smith of the 4th, Marshburn of the 33rd and Roach of the 39th:
A bill to amend an act creating the Minimum Foundation Program of Education, approved February 25, 1949 (Ga. Laws 1949, p. 1406), as amended, so as to remove the provisions authorizing a board of education, by a vote of three-fourths of the membership of the board, to employ school personnel without the recommendation of the school superintendent; to repeal conflicting laws; and for other purposes.
On the motion to reconsider, the ayes were 20, nays 9.
The motion prevailed, and SB 140 was placed back on the calendar.
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 Culpepper of the 7th 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.
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The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House to wit:
HB 602. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A bill to impose withholding taxes to aid in the collection of the income tax imposed by law upon individuals; and for other purposes.
HB 619. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to amend the Act incorporating the Town of Warsaw in Chatham County; and for other purposes.
HB 620. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to amend the act incorporating the Town of Warsaw, to increase the term of office of the Mayor; and for other purposes.
HB 621. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to amend the act incorporating the Town of Warsaw so as to prescribe method of voting; and for other purposes.
HB 622. By Messrs. Brennan, Cheatham and McGee of Chatham: A bill to prescribe and establish compensation for the associate judge of Municipal Court of Savannah; and for other purposes.
HB 624. By Mr. Deen of Bacon: A bill to amend an act relative to the time for holding county primaries in Bacon County; and for other purposes.
HB 630. By Mr. Dunn of Pike: A bill to amend an Act incorporating the City of Concord, to change the tax rate for said city; and for other purposes.
HB 631. By Mr. Dunn of Pike: A bill to amend an act relating to the limitation of ad valorem taxation by municipal corporations, to provide City of Concord not be affected by certain provisions; and for other purposes.
HB 638. By Messrs. Craven and Duncan of Carroll: A bill to amend the charter of the City of Villa Rica; and for other purposes.
HB 665. By Messrs. Smith and Winkle of Whitfield: A bill to amend an act creating the office of Commissioner of Roads and Revenues for the County of Whitfield; and for other purposes.
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HB 668. By Messrs. Smith and Winkle of Whitfield:
A bill to place the Sheriff of Whitfield County and other officials on a salary basis and to fix the amount of their compensation; and for other purposes.
HB 669. By Messrs. Winkle and Smith of Whitfield:
A bill to authorize the Mayor and Council of the City of Dalton to close certain streets; and for other purposes.
HB 673. By Messrs. Smith and Winkle of Whitfield: A bill to abolish the office of Tax Receiver and Tax Collector of Whitfield County, to create the office of Tax Commissioner; and for other purposes.
The House has adopted the following Resolutions of the House, to-wit:
HR 312. By Mr. Hurst of Quitman: A resolution inviting Honorable George C. Wallace to address a joint session of the General Assembly; and for other purposes.
HR 341. By Messrs. Smith of Emanuel and Twitty of Mitchell: A resolution extending an invitation to Senators Richard B. Russell and Herman E. Talmadge to address a joint session of the House and Senate; and for other purposes.
HR 342. By Messrs. Smith of Emanuel and Twitty of Mitchell: A resolution calling a joint session of the House and Senate for the purpose of hearing addresses by Senator Richard B. Russell and Senator Herman E. Talmadge; and for other purposes.
The following Senate resolutions were read and adopted:
SR 87. By Senators Sanders of 18th and Culpepper of 7th: A resolution requesting Congress to pass a proposed amendment to the United States Constitution relative to balancing the Federal budget; and for other purposes.
SR 88. By Senator Sanders of the 18th: A resolution naming a spring in Richmond County in honor of Woodrow Wilson; and for other purposes.
SR 90. By Senator Sanders of the 18th: A resolution to invite Honorable George B. Hamilton to address the Senate; and for other purposes.
HR 312. By Mr. Hurst of Quitmtan: A resolution inviting Honorable George C. Wallace to address a joint session of the General Assembly; and for other purposes.
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HR 341. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A resolution extending an invitation to Senators Richard B. Russell and Herman E. Talmadge to address a joint session of the House and Senate; and for other purposes.
HR 342. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A resolution calling a joint session of the House and Senate for the purpose of hearing addresses by Senator Richard B. Russell and Senator Herman E. Talmadge; and for other purposes.
The president appointed as a Committee of Escort the following:
Senators Nixon of the 35th, Pannell of the 43rd, Kiker of the 41st, Mercer of the 49th and Lindsey of the 53rd.
The following bills and resolutions were introduced, read the first time and referred to committees:
SB 155. By Senator Sanders of the 18th:
A bill relating to qualifications of administrators and executors; and for other purposes.
Referred to Committee on Judiciary.
SB 156. By Senator Sanders of the 18th:
A bill relating to the compensation of county officers in counties a certain population so as to provide an additional deputy clerk; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 157. By Senators Sanders of the 18th and Watson of the 36th:
A bill extending allocations for retirement benefits for ordinaries of Georgia; and for other purposes.
Referred to Committee on Judiciary.
SB 158. By Senator Greer of the 6th:
A bill providing the maximum gross weight limitation on roads not part of the State Highway System; and for other purposes.
Referred to Committee on Highways.
SB 159. By Senators McGill of the 50th and Lindsey of the llth:
A bill creating a Livestock and Poultry Disease Control Board and providing for members, duties and compensation; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
THURSDAY, JANUARY 21, 1960
85
SB 160. By Senators Lindsey of the llth and McGill of the 50th:
A bill to qualify the terms of the appointive members of the Georgia Seed Development Commission and the Advisory Board; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
SB 161. By Senator Kennedy of the 47th:
A bill providing a budget procedure for the sheriffs of the State; process for the abolishment of fee system; and for other purposes.
Referred to Committee on Judiciary.
SB 162. By Senator Carlisle of the 51st:
A bill relating to the recording of judgments, decrees and orders in respect to their effect upon title to real property; and for other purposes.
Referred to Committee on Judiciary.
SB 163. By Senator Carlisle of the 51st:
A bill to provide that deputy registrars may register voters in certain instances; and for other purposes.
Referred to Committee on Rules.
SR 89. By Senators Sanders of the 18th and Watson of the 36th:
A resolution authorizing levy of a maximum of $1.00 on the sale of every marriage license in Georgia; and for other purposes.
Referred to Committee on Rules.
HB 602. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A bill to impose withholding taxes to aid in the collection of the income tax imposed by law upon individuals; and for other purposes.
Referred to Committee on Government Operations.
HB 619. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to amend the act incorporating the Town of Warsaw in Chatham County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 620. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to amend the act incorporating the Town of Warsaw, to increase the term of office of the mayor; and for other purposes.
Referred to Committee on County and Municipal Governments.
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JOURNAL OF THE SENATE,
HB 621. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to amend the act incorporating the Town of Warsaw so as to prescribe the method of voting; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 622. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to prescribe and establish compensation for the associate judge of Municipal Court of Savannah; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 624. By Mr. Been of Bacon:
A bill to amend an act relative to the time for holding county primaries in Bacon County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 630. By Mr. Dunn of Pike:
A bill to amend an act incorporating the City of Concord, to change the tax rate for said city; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 631. By Mr. Dunn of Pike:
A bill to amend an Act relating to the limitation of ad valorem taxation by municipal corporations, to provide City of Concord not be affected by certain provisions; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 638. By Messrs. Craven and Duncan of Carroll:
A bill to amend the Charter of the City of Villa Rica; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 665. By Messrs. Smith and Winkle of Whitfield:
A bill to amend an act creating the office of Commissioner of Roads and Revenues for the County of Whitfield; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 668. By Messrs. Smith and Winkle of Whitfield:
A bill to place the Sheriff of Whitfield County and other officials on a salary basis and to fix the amount of their compensation; and for other purposes.
Referred to Committee on County and Municipal Governments.
THURSDAY, JANUARY 21, 1960
87
HB 669. By Messrs. Winkle and Smith of Whitfield:
A bill to authorize the mayor and council of the City of Dalton to close certain streets; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 673. By Messrs. Smith and Winkle of Whitfield: A bill to abolish the office of Tax Receiver and Tax Collector of Whitfield County, to create the office of Tax Commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.
The following bills were read the second time:
SB 150. By Senators Greer of the 6th and Brown of the 52nd: A bill to protect the public against injurious, unfair and uneconomical practices in the sale of certain merchandise; and for other purposes.
SB 151. By Senator Brown of the 52nd: A bill to amend the charter of the City of Atlanta; and for other purposes.
SB 152. By Senator Brown of the 52nd: A bill to amend Voters' Registration Act of 1958.
SB 153. By Senator Greer of the 6th: A bill to delete the provision exempting employees of the State and Federal Government assisting farmers in agricultural programs; and for other purposes.
SB 154. By Senator Livingston of the 38th: A bill to amend the Used Car Dealers Registration Act; and for other purposes.
HB 572. By Mr. Gowen of Glynn: A bill to provide for persons afflicted with tuberculosis who shall be confined in jail; and for other purposes.
HB 597. By Messrs. Brooks, Smith and McClelland of Pulton:
A bill to provide that any officer or employee of the State of Georgia or any county or city thereof enters a plea of nolo contendere to any criminal charge involving moral turpitude shall forfeit his office; and for other purposes.
HB 604. By Mr. Twitty of Mitchell:
A bill to require trustees to distribute income from trust property annually, on a calendar or fiscal year basis unless otherwise provided or directed; and for other purposes.
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JOURNAL OP THE SENATE,
HB 609. By Messrs. Gowen and Killian of Glynn and others:
A bill to further implement the salary of the Judge of the Superior Courts of the Brunswick Judicial Circuit; and for other purposes.
HB 610. By Mr. Ellis of Henry:
A bill to amend an act relating to notice of application for order to sell and reinvest the estate of a ward; and for other purposes.
HB 611. By Mr. Gowen of Glynn:
A bill to provide for the recording of options to purchase land and of assignments thereof; and for other purposes.
HB 612. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A bill to amend an act to provide that the State Auditor and Superintendent of Banks shall be added to the membership of the State Depository; and for other purposes.
HB 618. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to amend an act so as to provide for the use of facsimile signatures by the Clerks of the Superior Courts; and for other purposes.
HB 633. By Messrs. Palmer of Mitchell, Orr of Wilkes and others:
A bill to repeal Code Section 26-6701, relating to punishment for permitting a minor to roll tenpins; and for other purposes.
Mr. Vaughn of the 34th 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 144. Do Pass.
HB 610. Do Pass.
HB 633. Do Pass.
HB 604. Do Pass.
SB 139. Do Pass.
HB 597. Do Not Pass.
Respectfully submitted,
Vaughn of 34th District, Chairman.
THURSDAY, JANUARY 21, 1960
89
Mr. 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 Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 95. Do Pass, by substitute.
SB 94. Do Not Pass.
SB 142. Do Pass.
HB 588. Do Pass.
Respectfully submitted,
Holt of 54th District, Chairman.
Senator Ramsey of the 1st, 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 of Representatives:
SR 77.
SR 84.
SR 85.
SB 138.
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 140. By Senators Jernigan of the 5th, Smith of the 4th, Marshburn of the 33rd and Roach of the 39th:
A bill to amend an act creating the Minimum Foundation Program of Education, approved February 25, 1949 (Ga. Laws 1949, p. 1406), as amended, so as to remove the provisions authorizing a board of education, by a vote of three-fourths of the membership of the board, to employ school personnel without the recommendation of the school superintendent; to repeal conflicting laws; and for other purposes.
Senator Jernigan of the 5th moved that SB 140 be recommitted to the Committee on Education.
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JOURNAL OF THE SENATE,
On the motion to reconsider, the ayes were 29, nays 0.
The motion prevailed and SB 140 was recommitted to the Committee on Education.
HB 115. By Messrs. Wilson of Bibb, Echols of Upson, Willingham of Cobb, Carswell of Burke, Holcombe of Cobb, Caldwell of Upson, Wilkes of Cook and many others:
A bill to be entitled an act to codify the insurance laws of Georgia; to repeal title 56 of the Georgia Code of 1933 entitled insurance, so as to substitute new provisions on the organization of the Insurance Department; and for other purposes.
Senator Sanders of the 18th asked unanimous consent that action on HB 115 be postponed until January 25th.
The consent was granted.
Senator Marshall of the 28th 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, JANUARY 25, 1960
91
Senate Chamber, Atlanta, Georgia, Monday, January 25, 1960.
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. Frank Roughton, Sandersville, 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 read and found correct.
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
Senator Culpepper of the 7th 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 bills and resolution were introduced, read the first time and referred to committees:
SB 164. By Senator Brown of the 52nd:
A bill to remove certain exceptions to the provisions of an act regulating the sale of fireworks; and for other purposes.
Referred to Committee on Rules.
SB 165. By Senators Culpepper of the 7th and Sanders of the 18th:
A bill to provide for special permits to operate motor vehicles in excess of weight limit on State Highways of Georgia; to provide for collection of fees; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
SB 166. By Senators Culpepper of the 7th and Sanders of the 18th: A bill providing for dimensions, length and weights of motor vehicles
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JOURNAL OF THE SENATE,
on public roads and to provide for the collection of penalties for the violation of same; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
SB 167. By Senators Perry of the 24th; Slade of the 14th; Doster of the 48th; Lindsey of the llth; Buff of the 44th; Adams of the 22nd; Clary of the 29th; Watson of the 36th; Kiker of the 41st; Barrett of the 32nd; Purcell of the 31st; and Cannon of the 40th:
A bill changing the procedures relating to expenditures of funds of the State Highway Department; and for other purposes.
Referred to Committee on Highways.
SR 91. By Senators Sanders of the 18th; Culpepper of the 7th; and Jernigan of the 5th: A resolution to amend the Constitution so as to provide for additional members to the State Board of Education; and for other purposes.
Referred to Committee on Rules.
The following bills were read the second time:
SB 155. By Senator Sanders of the 18th:
A bill relating to qualifications of administrators and executors; and for other purposes.
SB 156. By Senator Sanders of the 18th:
A bill relating to the compensation of county officers in counties of a certain population so as to provide an additional deputy clerk; and for other purposes.
SB 157. By Senators Sanders of the 18th and Watson of the 36th:
A bill extending allocations for retirement benefits for ordinaries of Georgia; and for other purposes.
SB 158. By Senator Greer of the 6th:
A bill providing the maximum gross weight limitation on roads not part of the State Highway System; and for other purposes.
SB 159. By Senators McGill of the 50th and Lindsey of the llth:
A bill creating a Livestock and Poultry Disease Control Board and providing for members, duties and compensation; and for other purposes.
SB 160. By Senators Lindsey of the llth and McGill of the 50th:
A bill to qualify the terms of the appointive members of the Georgia Seed Development Commission and the Advisory Board; and for other purposes.
MONDAY, JANUARY 25, 1960
93
SB 161. By Senator Kennedy of the 47th:
A bill providing a budget procedure for the sheriffs of the State; process for the abolishment of fee system; and for other purposes.
SB 162. By Senator Carlisle of the Blst:
A bill relating to the recording of judgments, decrees and orders in respect to their effect upon title to real property; and for other purposes.
SB 163. By Senator Carlisle of the 51st:
A bill to provide that deputy registrars may register voters in certain instances; and for other purposes.
SR 89. By Senators Sanders of the 18th and Watson of the 36th:
A resolution authorizing levy of a maximum of $1.00 on the sale of every marriage license in Georgia; and for other purposes.
HB 602. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A bill to impose withholding taxes to aid in the collection of the income tax imposed by law upon individuals; and for other purposes.
HB 619. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to amend the act incorporating the Town of Warsaw in Chatham County; and for other purposes.
HB 620. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to amend the act incorporating the Town of Warsaw, to increase the term of office of the mayor; and for other purposes.
HB 621. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to amend the act incorporating the Town of Warsaw so as to prescribe the method of voting; and for other purposes.
HB 622. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to prescribe and establish compensation for the associate judge of Municipal Court of Savannah; and for other purposes.
HB 624. By Mr. Deen of Bacon:
A bill to amend an act relative to the time for holding county primaries in Bacon County; and for other purposes.
HB 630. By Mr. Dunn of Pike:
A bill to amend an act incorporating the City of Concord, to change the tax rate for said city; and for other purposes.
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JOURNAL OF THE SENATE,
HB 631. By Mr. Dunn of Pike:
A bill to amend an Act relating to the limitation of ad valorem taxation by municipal corporations, to provide City of Concord not be affected by certain provisions; and for other purposes.
HB 638. By Messrs. Craven and Duncan of Carroll:
A bill to amend the Charter of the City of Villa Rica; and for other purposes.
HB 665. By Messrs. Smith and Winkle of Whitfield:
A bill to amend an act creating the office of Commissioner of Roads and Revenues for the County of Whitfield; and for other purposes.
HB 668. By Messrs. Smith and Winkle of Whitfield:
A bill to place the Sheriff of Whitfield County and other officials on a salary basis and to fix the amount of their compensation; and for other purposes.
HB 689. By Messrs. Winkle and Smith of Whitfield:
A bill to authorize the mayor and council of the City of Dalton to close certain streets; and for other purposes.
HB 673. By Messrs. Smith and Winkle of Whitfield:
A bill to abolish the office of Tax Receiver and Tax Collector of Whitfield County, to create the office of Tax Commissioner; and for other purposes.
Mr. Greer of the 6th District, Secretary of the Committee on Government Operations, submitted the following report:
Mr. President:
Your Committee on Government Operations 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:
SB 146. Do Pass.
SB 147. Do Pass.
HB 602. Do Pass.
Respectfully submitted,
Greer of 6th District, Secretary.
Mr. 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
MONDAY, JANUARY 25, 1960
95
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 135. Do Pass.
SB 148. Do Pass.
SB 149. Do Pass.
SB 151. Do Pass.
SB 152. Do Pass.
SB 154. Do Pass.
SB 156. Do Pass.
HB 665. Do Pass.
HB 668. Do Pass.
HB 669. Do Pass.
HB 673. Do Pass.
Respectfully submitted,
Brown of 52nd District, Chairman.
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 594. By Messrs. Kidd and Chandler of Baldwin:
A bill to amend an act creating a Board of Commissioners of Baldwin County, so as to change the election time for members of said board; and for other purposes.
HB 595. By Messrs. Kidd and Chandler of Baldwin:
A bill to amend an act so as to authorize the board of County Commissioners of Baldwin County to designate county depository; and for other purposes.
HB 596. By Messrs. Kidd and Chandler of Baldwin:
A bill to repeal an act providing that in counties with population between 29,050 and 30,250 holding primary for county officers, require a majority vote for nominee; and for other purposes.
HB 605. By Mr. Deen of Bacon:
A bill to amend the charter for the City of Alma, to authorize the city to operate system of lights without the city limits; and for other purposes.
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JOURNAL OF THE SENATE,
HB 607. By Messrs. Andrews and Williams of Hall:
A bill to amend the charter of Gainesville, to increase amount of tax levied for school purposes; and for other purposes.
HB 613. By Messrs. Blalock and Lee of Clayton:
A bill to amend an act placing the sheriff and clerk of the Superior Court of Clayton County on salary system in lieu of fee system; and for other purposes.
HB 614. By Messrs. Blalock and Lee of Clayton:
A bill to amend act consolidating the offices of Tax Receiver and Tax Collector of Clayton County; and for other purposes.
HB 615. By Messrs. Blalock and Lee of Clayton:
A bill to amend an act creating the Clayton Judicial Circuit, to change compensation of the Solicitor General; and for other purposes.
HB 616. By Messrs. Blalock and Lee of Clayton:
A bill to amend the act creating Board of Commissioners of Roads and Revenues of Clayton County, to change compensation of members; and for other purposes.
HB 628. By Messrs. Phillips, McKenna and Thornton of Bibb:
A bill to amend an act known as the "Juvenile Court Act", to provide for judges pro tempore of the juvenile courts; and for other purposes.
HB 646. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to abolish the Veterans' Home Commission; to repeal conflicting laws; and for other purposes.
HB 647. By Messrs. Twitty of Mitchell, Smith of Emanuel, and others:
A bill to add a psychiatrist to the membership of the State Board of Public Health; and for other purposes.
HB 648. By Messrs. Twitty of Mitchell, Smith of Emanuel, and others:
A bill to provide for permanent transfer of the Milledgeville State Hospital to the State Department of Public Health; and for other purposes.
HB 650. By Messrs. Twitty of Mitchell, Smith of Emanuel, and others:
A bill to establish a Prison Industries Administration to conduct a prison industries program; and for other purposes.
HB 651. By Messrs. Twitty of Mitchell, Smith of Emanuel and others: A bill to abolish the State Department of Confederate Pensions and Records; and for other purposes.
MONDAY, JANUARY 25, 1960
97
HB 652. By Messrs. Twitty of Mitchell, Smith of Emanuel, and others:
A bill to consolidate the State Hospital Advisory Committee and the Hospital Care Council; and for other purposes.
HB 653. By Messrs. Twitty of Mitchell, Smith of Emanuel, and others:
A bill to amend the "University System Building Authority Act" to change limitations on the issuance of revenue bonds, etc.; and for other purposes.
HB 654. By Messrs. Twitty of Mitchell, Smith of Emanuel, and others:
A bill to authorize the Governor to make temporary transfer of State Institutions; and for other purposes.
HB 655. By Messrs. Twitty of Mitchell, Smith of Emanuel, and others:
A bill to amend an act relating to Supervisor of Purchases, including requirement that all political subdivisions supported by the State give preference when buying goods made by prison labor; and for other purposes.
HB 656. By Messrs. Twitty of Mitchell, Smith of Emanuel, and others:
A bill to create the State Penal and Rehabilitation Authority a financial corporate authority to provide facilities for a prison industries program; to repeal conflicting laws; and for other purposes.
HR 281. By Messrs. Undercofler and Jones of Sumter:
A resolution authorizing and directing the State Librarian to furnish Sumter County with certain law books; and for other purposes.
SB 129. By Senators Culpepper of the 7th and Sanders of the 18th:
A bill to provide for purchase of state-employee fidelity bonds by the Supervisor of Purchases; to repeal conflicting laws; and for other purposes.
SB 131. By Senators Culpepper of the 7th and Sanders of the 18th:
A bill to abolish the Office of Supervising Inspector of Naval Stores; and for other purposes.
The House has passed by substitute by the requisite constitutional majority the following bill of the Senate to-wit:
SB 99. By Senator Holton of the 46th:
A bill creating the office of Commission of Roads and Revenues in the County of Coffee; and for other purposes.
The following local, uncontested bills were read the third time and put upon their passage:
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JOURNAL OP THE SENATE,
SB 135. By Senator Woodall of the 25th:
A bill to amend an act incorporating the Town of Woodland, in the county of Talbot, so as to change the name of the said town of Woodland to City of Woodland; 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 148. By Senator Vaughn of the 34th:
A bill to provide for a commission form of government composed of three commissioners and a City Manager for the City of Conyers; and for other purposes.
The report 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 149. By Senator Vaughn of the 34th:
A bill to change amount authorized for clerical help for Commissioner of Rockdale County, Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 151. By Senator Brown of the 52nd:
A bill to amend the charter of the City of Atlanta; and for other purposes.
The report 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.
MONDAY, JANUARY 25, 1960
99
SB 152. By Senator Brown of the 52nd:
A bill to amend Voters' Registration Act of 1958; and for other purposes.
The report 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 154. By Senator Livingston of the 38th:
A bill to amend the Used Car Dealers Registration Act; and for other purposes.
The report of the committee, which was favoarble 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.
The following general bills, favorably reported by the committees, were read the third time and put upon their passage:
HB 115. By Messrs. Wilson of Bibb, Echols of Upson, Willingham of Cobb, Carswell of Burke, Holcombe of Cobb, Caldwell of Upson, Wilkes of Cook and many others:
A bill to codify the Insurance Laws of Georgia; to repeal Title 56 of the Georgia Code of 1933 entitled Insurance, so as to substitute new provisions on the organization of the Insurance Department; and for other purposes.
The Committee on Industry and Labor offered the following amendment:
Amend Section 56-209, line 15, page 4 by deleting the words "condition, or" thereby making this line read as follows: "purpose of ascertaining their compliance with this title, the Commissioner may when he deems it"
The amendment was adopted.
The Committee on Industry and Labor offered the following amendment:
Amend section 56-317, subsection (5), page 11, line 15 by deleting the "period" and in lieu thereof insert the following: "; or refuses to furnish such other additional information as the Commissioner may deem advisable to consider the application for renewal of such insurer's certificate of authority."
The amendment was adopted.
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JOURNAL OF THE SENATE,
The Committee on Industry and Labor offered the following amendment:
Amend section 56-713, page 38, line 33 after the word "borrower" by adding the following sentence: "A vendor or lender shall not be prohibited from charging the purchaser or borrower a finance charge otherwise permitted by law on any premium or charge for insurance included in the cost of the merchandise or property or financing."
The amendment was adopted:
The Committee on Industry and Labor offered the following amendment:
Amend HB 115, section 56-817, page 50, line 32, after the words "accompanied by", add the words: "or acting for the benefit of,"
The amendment was adopted.
The Committee on Industry and Labor offered the following amendment:
Amend HB 115, section 56-801b, page 45, line 67, after the words "of an agent" delete the following: "or an insurer".
The amendment was adopted.
The Committee on Industry and Labor offered the following amendment:
Amend HB 115, section 56-804b, page 46, line 63, after the word "completed" delete the following: "standard and uniform" and in lieu thereof substitute the word: "classroom".
The amendment was adopted.
The Committee on Industry and Labor offered the following amendment:
Amend HB 115, section 56-804b, page 47, line 1 after the word "representatives," delete "in all lines of insurance set forth in Section 56-823b;" and in lieu thereof substitute: "in the kind or kinds of insurance for which he seeks to be licensed."
The amendment was adopted.
The Committee on Industry and Labor offered the following amendment:
Amend HB 115, section 56-804b, page 47, lines 4 and 5, after the word "representatives", delete the following: "in all lines of insurance (exclusive of title or ocean marine insurance) as set forth in section 56-823b," and in lieu therefor substitute "in the kind or kinds of insurance which he seeks to be licensed,"
The amendment was adopted:
The Committee on Industry and Labor offered the following amendment:
Amend HB 115, section 56-3004, page 143, line 27, after the word "misstatement" add the following: ", except fraudulent misstatements,"
MONDAY, JANUARY 25, 1960
101
The amendment was adopted.
The Committee on Industry and Labor offered the following amendment:
Amend HB 115, section 56-3004, subsection (13), page 144, lines 68, 69, 70 and 71 delete this subsection in its entirety.
The amendment was adopted.
The Committee on Industry and Labor offered the following amendment:
Amend HB 115, section 56-3006, page 146, line 62 after the word "force", add a new sentence to read as follows: "The insurer shall not amend or endorse the policy prior to the anniversary date in a manner tending to restrict or lower the benefits, add exclusions, or increase the premium."
The amendment was adopted.
Senator Barrett of the 32nd offered the following amendment:
Amend HB 115, line 50, page 71, by adding after the word "foreign", the following; ", alien".
The amendment was adopted.
Senator Barrett of the 32nd offered the following amendment:
Amend HB 115, line 33, page 72, by adding after the word "foreign", the following; ", alien".
The amendment was adopted.
Senator Skelton of the 30th offered the following amendment:
Amend HB 115 by striking from line 32 of page 14 the words "evidence or" and the following words inserted so as, amended line 32 shall read as follows: "cepted in the insurance contract, which contract shall be written only upon opinion of title obtained from a licensed attorney-at-law approved by and acceptable to the insurer."
The amendment was adopted.
Senator Skelton of the 30th offered the following amendment:
Amend Section 56-801 b (8) (d)
Amend Section 56-801 b (8) (d) by striking lines 59 through 62 on page 45;
Amend Section 56-801 b (8) (e) by changing the period at the end of line 68 on page 45 to a semicolon, by adding a new subparagraph (iv) at the bottom of page 45 to read:
"(iv) A salaried employee of an insurer who undertakes on behalf of such insurer or other insurers under common control or
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ownership to ascertain and determine the amount of any claim, loss or damage payable under a contract of insurance, and/or undertakes to effect settlement of such claim, loss or damage;" provided the name of such employee is filed with the Insurance Commissioner by the insurer or insurers on behalf of which he acts.
The amendment was adopted.
Senator Pannell of the 43rd offered the following amendment:
Amend Section 56-216, sub-section (C) of Substitute HB 115 by deleting the semicolon following the word "office" on line 37 of page 5, and adding the following:
"and to promulgate such other rules and regulations as he deems advisable in the public interest."
The amendment was adopted.
Senator Sanders of the 18th offered the following amendment:
Amend HB 115 by inserting on line 8, page 9, thereof, after the word "insurer", the words "shall be a stock insurer and", so that said line as amended shall read as follows: "(3) A title insurer shall be a stock insurer and shall not be authorized to transact any other class of".
The amendment was adopted.
Senator Vaughn of the 34th offered the following amendment:
Amend Section 56-811b (2) by adding the following language:
"Provided, however, that the Commissioner may issue a special temporary license for a period not exceeding ninety (90) days to an individual, otherwise qualified, who will, by the termination of such ninety (90) day period take the aforesaid examination. Such a temporary license shall authorize the negotiation of renewal policies, the receipt and collection of premiums, and such other acts as are necessary to the continuance of the particular insurance business of such agent or broker. Such license shall not authorize the holder thereof to solicit, negotiate, or procure new insurance accounts. Not more than one (1) such temporary license shall be issued to any one (1) person."
The amendment was adopted.
Senator Sanders of the 18th offered the following amendment:
Amend HB 115, section 56-1016, page 62, beginning at line 65 of substitute HB 115 by striking said section in its entirety and inserting in lieu thereof the following:
"56-1016. Investment Securities. An insurer may invest in investment securities, that is, marketable bonds, notes, and/or debentures, evidencing indebtedness of solvent persons and corpo-
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103
rations, which, under the regulations of the Comptroller of Currency of the United States, national banks may buy and in which they may deal."
The amendment was adopted.
Senator Sanders of the 18th offered the following amendment:
Amend HB 115, section 56-413 by striking in its entirety subparagraph (5), beginning at line 11 on page 15 of substitute HB 115.
The amendment was adopted.
Senator Sanders of the 18th offered the following amendment:
Amend HB 115, section 56-1101 by striking sub-section (1) thereof in its entirety and inserting in lieu thereof the following:
"(1) Deposits required or permitted by law to be made by domestic life insurers shall be made with the State Treasurer as Custodian for the Commissioner or with some strong corporation which may be approved by the Commissioner, but all deposits in this State by other insurers shall be made with the State Treasurer of Georgia or some strong financial institution designated by him. Whenever in this chapter the expression "the State" is used, rather than "the State of Georgia" or "this State", it means in relation to deposits by domestic life insurers, the Insurance Commissioner of Georgia, and in relation to deposits of other insurers, the State Treasurer of Georgia."
The amendment was adopted.
Senator Greer of the 6th offered the following amendment:
Amend HB 115 by instructing the Clerk of the House, upon the final passage of the bill, to renumber all sections and chapters so that the same will run consecutively.
The amendment was adopted.
Senator Greer of the 6th offered the following amendment:
Amend HB 115 as follows:
By changing the semi-colon after the word "Commissioner" in the second sentence of section 56-315 to a period and adding thereafter the following:
"On or before March 1 of each year each insurer, at its expense, shall publish in a newspaper of general circulation published in this State, a copy of such statement in short form showing income, assets, expenditures, and liabilities in gross, as of December 31 preceding, to be sworn to by the officer or agent making the same and such statement so published must be filed with the Commissioner with a copy of the statement as published attached thereto."
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so that when so amended, section 56-315 shall read as follows:
"56-315. Expiration, renewal or amendment of certificate. (1) All certificates of authority shall expire at midnight on June 30th next following date of issuance or renewal. An insurer desiring renewal shall file on March 1st preceding expiration a copy of its annual statement of December 31st last preceding in a form approved for current use by the Commissioner. On or before March 1 of each year each insurer, at its expense, shall publish in a newspaper of general circulation published in this state, a copy of such statement in short form showing income, assets, expenditures, and liabilities in gross, as of December 31, preceding, to be sworn to by the officer or agent making the same and such statement so published must be filed with the Commissioner with a copy of the statement as published attached thereto. Provided, that the Commissioner may for good cause grant an extension of time for filing such annual statement not to exceed sixty (60) days. If the insurer qualifies therefor its certificate shall be renewed annually; Provided, however, that any certificate of authority shall continue in full force and effect until the new certificate be issued or specifically refused.
(2) The Commissioner may amend a certificate of authority at any time to accord with changes in the insurer's charter or insuring powers."
The amendment was adopted.
Senator Greer of the 6th offered the following amendment:
Amend HB 115, section 56-2508 by striking sub-paragraph (2) in its entirety and substituting in lieu thereof the following: "(2) which provides that on the death of anyone, other than a beneficiary or a person insured thereunder, the owner or beneficiary of the policy shall receive the payment or granting of anything of value; or"
The amendment was adopted.
Senator Greer of the 6th offered the following amendment:
Amend Section 56-312, line 23, page 10, of Substitute HB 115 by deleting the word, "reasonably" following the word "may", so that said line 23 as amended shall read:
"it is admitted to do business, and such additional information as the Commissioner may require,"
The amendment was adopted.
Senator Greer of the 6th offered the following amendment:
Amend Section 56-314, sub-paragraph (1) of Substitute HB 115, lines 45 through 51, page 10, by striking said subsection (1) in its entirety and substituting in lieu thereof the following:
"56-314. Issuance or refusal of certificate. (1) Upon filing of an application for an original certificate of authority, the Com-
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105
missioner shall have ninety (90) days in which to approve the application by issuing an appropriate certificate of authority, or disapprove the application by issuing an order setting forth the grounds for such disapproval. The Commissioner may extend such ninety (90) day period for an additional ninety (90) days by notifying the applicant in writing of such extension. If the application is not approved or disapproved within the time period as above set forth, but in no event to exceed one hundred eighty (180) days, the application shall be deemed approved and the Commissioner shall thereupon issue the appropriate certiifcate of authority."
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 44, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 95. By Sentor Ramsey of the 1st:
A bill tp 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.
The Committee on Health and Welfare offered the following substitute:
AN ACT
To amend Section 84-403 of the Code of Georgia, relative to the establishment, qualification, term of office, vacancies, bond and oath of the State Board of Barber and Hairdressers Examiners to repeal said Code Section in its entirety and to provide for a separation of the State Board of Barber and Hairdresser Examiners into two separate and distinct Boards, with the Board of Barber Examiners having jurisdiction of Barbers and related activities and the Board of Hairdressers and Cosmetologist Examiners having jurisdiction of Hairdressers and Cosmetologists and related activities; to provide the membership, establishment, qualification, terms of offices, vacancies, a bond and the oath of the members of such separate Boards; to provide that said separate Boards shall have the same rights, powers, privileges and duties of the Board of Barbers and Hairdresser Examiners; to repeal conflicting laws and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Section 84-403 of the Code of Georgia relative to the State Board of Barber and Hairdresser Examiners is hereby repealed in its entirety and the following is substituted in lieu thereof so that when the same is amended said Code Section 84-403 shall read as follows:
(a) There shall be established a Board to be styled as State Board of Barber Examiners hereafter referred to as the Board, which said
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Board shall be composed of three (3) members, which members shall have attained the age of twenty-one (21) years and have had at least five (5) years experience in the practice of the occupation of a Barber and shall be appointed by the Governor for a term of three (3) years. All vacancies of said Board, however caused, shall be filled by the Governor for the remainder of the unexpired term. Each member of said Board shall hold office until his successor is appointed and qualified, and no person shall be qualified to act as a member until he shall have given a bond in the sum of One Thousand Dollars ($1,000.00) with surety to be approved by the Secretary of State conditioned for the faithful and impartial performance of his duties. Such members of the Board shall be considered public officers and shall take the oath required of such officers.
(b) There shall be established a Board to be styled as State Board of Hairdresser and Cosmetologist Examiners, hereafter referred to as the Board, which said Board shall be composed of three (3) members, which members shall have attained the age of twenty-one (21) years and have had at least five (5) years experience in the practice of the occupation of Hairdresser and shall be appointed by the Governor for the term of three (3) years. All vacancies on said Board, however caused, shall be filled by the Governor for the remainder of the unexpired term. Each member of said Board shall hold office until his successor is appointed and qualified, and no person shall be qualified to act as a member until he shall have given a bond in the sum of One Thousand Dollars ($1,000.00) with surety to be approved by the Secretary of State, conditioned for the faithful and impartial performance of his duties. The members of the Board shall be considered public officers and shall take the oath required of such officers.
(c) The above Boards as thus created shall be separate and independent of each other and each shall have its own Chairman and members. The State Board of Barber Examiners as created herein shall have jurisdiction of the barbers, barber colleges, students and apprentices and barber shops as regulated and defined under the provisions of this act, and the State Board of Hairdresser and Cosmetologists Examiners shall have jurisdiction of the Hairdressers and Cosmetologists, Schools of Cosmetology, students, apprentices and beauty shops as regulated and defined under the provisions of this act. All of the powers, duties, privileges and rights exercised by, granted to, or provided for in the creation and operation of the previous State Board of Barber and Hairdresser Examiners shall be and the same are hereby exercised by, granted to, and enforced by the new and separate Boards hereby created in their separate areas of jurisdiction as originally provided for in the act passed and approved on March 30, 1937 (Georgia Law 1937, Page 564), and as amended by an act approved February 27, 1956, (Georgia Law 1956, Page 316), and as by an act in 1956, (Georgia Law 1956, Page 316.)
Section 2. 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 by substitute, was agreed to.
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107
f
On the passage of the bill, the ayes were 41, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 139. By Senators Sanders of the 8th and Vaughn of the 34th:
A bill to amend an act which provided for the coverage of certain officers and employees of the State and political subdivisions under the Old Age and Survivors Insurance Provisions of Title II of the Federal Social Security Act, as amended; 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 37, nays 0.
The bill, having received the requisite constitutional majority, passed.
SB 142. By Senator Smith of the 4th:
A bill to amend Code Section 53-202, relating to the application for a marriage license; 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 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 144. By Senator Perry of the 24th:
A bill which provides that the Secretary of State shall employ some person or persons to compile the acts and resolutions 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 582. By Messrs. Twitty of Mitchell, Smith of Emanuel, Cox of Clarke, Ray of Warren, McCracken of Jefferson, Underwood of Montgomery, Undercofler of Sumter and Hill of Meriwether:
To amend the "State School Building Authority Act", to eliminate interest rate restrictions on revenue bonds.
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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 583. By Messrs. Twitty of Mitchell, Smith of Emanuel, Cox of Clarke, Ray of Warren, McCracken of Jefferson, Underwood of Montgomery, Undercofler of Sumter and Hill of Meriwether:
A bill to amend the code relating to the Budget Bureau so as to expand the Finance Commission; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, 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 584. By Messrs. Twitty of Mitchell, Smith of Emanuel, Cox of Clarke, Hay of Warren, McCracken of Jefferson, Underwood of Montgomery, Undercofler of Sumter and Hill of Meriwether:
To require pre-employment physical examinations for State employees.
The report 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 Ramsey of the 1st, 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 of Representatives:
SR 87.
SR 88.
Respectfully submitted,
Ramsey of the 1st District, Chairman.
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109
The following communications and resolution were read by the Secretary:
City of Atlanta DEPARTMENT OF LAW Citizens and Southern National Bank Building
Atlanta, Georgia
January 21, 1960
Hon. Garland T. Byrd, President Georgia State Senate State Capitol Atlanta 3, Georgia
Hon. George L. Smith, II, Speaker House of Representatives State Capitol Atlanta 3, Georgia
Dear Mr. President and Mr. Speaker:
By an order entered July 9, 1959 in the District Court of the United States for the Northern District of Georgia in the case of Vivian Calhoun, et al. v. The Members of the Board of Education of Atlanta, et al., Civil Action No. 6298, Honorable Frank A. Hooper, United States District Judge for the Northern District of Georgia, enjoined the defendants from "enforcing and pursuing the policy, practice, custom and usage of requiring or permitting racial segregation in the operation of the public schools of the City of Atlanta," and directed that the defendants present to the Court, on or before the 1st day of December, 1959, "a complete plan, adopted by them, which is designed to bring about compliance with this order and which provides for a prompt and reasonable start toward desegregation of the public schools of the City of Atlanta and a systematic and effective method for achieving such desegregation with all deliberate speed."
The order further provided that such plan may be submitted contingent upon the enactment of statutes permitting such plan to be put into operation."
Pursuant to said order and judgment of the Court, the Board of Education of the City of Atlanta did, on November 30, 1959, adopt a resolution embodying such a plan, which resolution was thereafter by another resolution of January 4, 1960 and a later resolution of January 18, 1960 amended.
The aforesaid plan as embodied in said resolution as amended has been finally approved by Honorable Frank A. Hooper, United States District Judge for the Northern District of Georgia, by an order of January 18, 1960, and a subsequent order of January 20, 1960.
By Paragraph 15 of said resolution as adopted by the Board of Education of the City of Atlanta, it is provided:
"These rules and procedure shall be contingent upon the enactment of statutes by the General Assembly of Georgia permitting the same to be put into operation, and shall be submitted to the General Assembly for approval. Counsel are directed to transmit copies to the President of the Senate and the Speaker of the House of Representatives upon authorization by the Court."
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The undersigned, as attorneys of record for the defendants in the above stated case, do now transmit copies of the aforesaid resolution, as amended and as approved by the Court, to the President of the Senate and the Speaker of the House of Representatives in accordance with the directions contained in said resolution and the order of the Court approving the same.
Respectfully submitted,
BDM:kc
J. C. Savage Newell Edenfield B. D. Murphy
Attorneys for Defendants
RESOLUTION OF ATLANTA BOARD OF EDUCATION ADOPTED NOVEMBER 30, 1959 AND AMENDED JANUARY 4, 1960 AND AMENDED JANUARY 18, 1960
WHEREAS, The Atlanta Board of Education has been directed to present to the Court by December 1, 1959, a plan designated to bring about compliance with the order of the Court of July 9, 1959; and
WHEREAS, The Atlanta Board of Education is making every effort to provide the Atlanta Public School System with the very best buildings, equipment, and other facilities and curricula for approximately 116,000 students; and
WHEREAS, The City of Atlanta is undergoing rapid urbanization, bringing an influx of children of varying degrees of achievement and ability due not only to individual aptitude but to educational opportunities heretofore available; and
WHEREAS, There is and has been much public construction in Atlanta, which together with other building has resulted in drastic changes in neighborhood patterns, and these changes will be greatly magnified by the proposed slum clearance program involving the vacating of more than 1,200 acres of land with the resultant displacement of families, and
WHEREAS, These factors result in not only a continuous influx of new students into the system, but in the continuous movement of students within the system, and also from the system into the suburban areas adjoining Atlanta; and
WHEREAS, The changing neighborhood patterns, the 39 million dollars worth of new school construction since 1948, the great influx of new students, and the continuous movement of students within the system has caused admission, assignment, transfer, and continuance of students in and to the various schools within the system to become a major problem of the administration; and
WHEREAS, Pending further studies and recommendations by the school authorities, the Board of Education considers that any general or arbitrary reallocation of pupils heretofore entered in the public school system according to any rigid rule of proximity of residence or in accordance solely with requests on behalf of pupils would be disruptive to orderly administration, and would tend to invite or induce disorganization and would impose an excessive burden on the available resources as well as the teaching and administrative personnel of the schools; and
WHEREAS, in September, 1960, there will be a shortage of 580 classrooms in Atlanta schools and many children are now on double sessions, housed in
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111
churches and facilities other than classrooms, and the Board realizes that continuous system-wide studies must be made to determine available seats for students and studies of achievement and ability of the students where these seats may exist as well as other factors consistent with the educational policies governing the admission, assignment, transfer, and placement of pupils in the public schools as will be prescribed in this document; and
WHEREAS, The State Board of Education has not promulgated rules and regulations relative to the placement of students in the schools, and this Board has the inherent power of pupil placement, and more complete regulations are necessary
NOW THEREFORE: To insure orderly procedure of uniform application for pupil assignment, transfer and/or placement, and to enable the continuing improvement of the educational advantages offered the following rules and procedure shall be followed:
1. In the assignment, transfer or continuance of pupils among and within the schools, or within the classroom and other facilities thereof, the following factors and the effects or results thereof shall be considered, with respect to the individual pupil, as well as other relevant matters: Available room and teaching capacity in the various schools; the availability of transportation facilities; the effect of the admission of new pupils upon established or proposed academic programs; the suitability of established curricula for particular pupils; the adequacy of the pupil's academic preparation for admission to a particular school and curriculum; the scholastic aptitude and relative intelligence or mental energy or ability of the pupil; the psychological qualification of the pupil for the type of teaching and associations involved; the possibility of threat or friction or disorder among pupils or others; the possibility of breaches of the peace or ill will; the effect of admission of the pupil upon the academic progress of other students in a particular school or facility thereof; the effect of admission upon prevailing academic standards at a particular school; the psychological effect upon the pupil of attendance at a particular school; the home environment of the pupil; the maintenance or severance of established social and psychological relationships with other pupils and with teachers; the choice and interests of the pupil; the ability to accept or conform to new and different educational environment; the morals, conduct, health and personal standards of the pupil; the request or consent of parents or guardians and the reasons assigned therefor.
2. Subject to supervision and review by the Board, the City Superintendent of Schools shall have authority and be charged with responsibility with respect to the assignment (including original and all other admissions to the school system), transfer and continuance of pupils among and within all public schools operated under the jurisdiction of the Atlanta Board of Education.
3. The Superintendent shall have authority to determine the particular public school to be attended by each child applying for assignment or transfer, and no child shall be entitled to be enrolled or entered in a public school until he has been assigned thereto by the Superintendent or his duly authorized representative. All existing school assignments shall continue without change until or unless transfers are directed or approved by the Superintendent or his duly authorized representative.
4. Between May 1st and May 15th applications for the admission, assignment or transfer, and/or placement of pupils to or in particular schools shall be directed to the Superintendent of Schools and shall be delivered to the school
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principal unless otherwise directed by the Superintendent on forms provided by the Superintendent, and made available at the offices of the Board of Education. Such forms shall be delivered only on request of and to the applicant student or to his parent or legal guardian in person, by the principal of the school then attended by such student or by the Superintendent of Schools.
5. A separate application must be filed by each pupil desiring assignment or transfer to a particular school and no joint application will be considered.
6. Applications for assignment or transfer of pupils must be filled in completely and legibly in ink or typewriter and must be signed by both parents or the parent to whom the child has been awarded by court proceedings, or the legal guardian of each child for whom application is made. Further, the application must be notarized at the time it is filed. The Superintendent may in his discretion require interviews with the child, the parents or guardian, or other persons and may conduct or cause to be conducted such examinations, tests and other investigations as he deems appropriate. In the absence of excuse, satisfactory to the Superintendent or the Board, failure to appear for any requested examination, test or interview by the child or the parents or guardian will be deemed a withdrawal of the application.
7. Notice of the action taken by the Superintendent on each application shall be mailed to the parents or guardian at the address shown on the application, within thirty days from the delivery of the application to the school principal, in no event later than June 15th. Such action shall be final unless a hearing before the Board is requested in writing within ten days from the date of mailing such statement.
8. A parent or guardian of a pupil may file in writing with the Atlanta Board of Education objections to the assignment of the pupil to a particular school, or may request by petition in writing assignment or transfer to a designated school or to another school to be designated by the Board. Unless a hearing is requested, or unless the Board deems a hearing necessary, the Board shall act upon the same within a reasonable time stating its conclusion. If a hearing is requested or if the Board deems a hearing necessary with respect to the Superintendent's conclusion on an application, the parents or guardian will be given at least ten days' written notice of the time and place of the hearing. The hearing will be begun without twenty days from the receipt by the Board of the request or the decision by the Board that a hearing is necessary. Failure of the parents or guardian to appear at the hearing will be deemed a withdrawal of the application.
9. The Board may conduct such hearing or may designate not less than three of its members to conduct the same and may provide that the decision of the members designated or a majority thereof shall be deemed a final decision by the Board. The Board of Education may designate one or more of its members or one or more competent examiners to conduct any such hearing, take testimony, and report the evidence, with its recommendation, to the entire Board for its determination within ten days after the conclusion of such hearing. In addition to hearing such evidence relevant to the individual pupil as may be presented on behalf of the petitioner, the Board shall be authorized to conduct investigations as to any objection or request, including examination of the pupil or pupils involved, and may employ such agents and others, professional and otherwise, as it may deem necessary for the purpose of any investigations and examinations.
10. Unless postponement is requested by the parents or guardian, the
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113
Board will notify them of its decision within ten days after its receipt of the report of the examiner, or the conclusion of any hearing before the Board. Exceptions to the decision of the Board may be filed, within five days of notice of the Board's decision, and the Board shall meet promptly to consider the same: Provided, however, That every appeal shall be finally concluded by the Board before September 1st. Provided further that nothing herein contained shall be construed to deprive any person dissatisfied with the final decision of the Board of the right to appeal to the State Board of Education as provided by law.
11. If, from an examination of the record made upon objections filed to the assignment of any pupil to a particular school, or upon an application on behalf of any pupil for assignment to a designated school, or another school to be designated by the Board, or from an examination of such pupil by the Board or its authorized representative, or otherwise, the Board shall determine that any such pupil is between his or her seventh and sixteenth birthdays and is mentally or physically incapacitated to perform school duties, or that any such pupil is more than sixteen years of age and is maladjusted or mentally or otherwise retarded so as to be incapable of being benefited by further education to the extent that further use of public funds for the education of such pupil is not justified, the Board may assign the pupil to some available vocational or other special school, or terminate the public school enrollment of such pupil altogether.
12. Beginning September 1, 1960, or on September 1, following favorable action by the General Assembly of Georgia, student assignment in the Atlanta Public School System shall be made in accordance with aforesaid rules and regulations and without regard to race or color. For the first school year in which it is effective, the plan shall apply to the students in the 12th grade. Thereafter, in each successive year, the plan shall be expanded to the immediate lower grade; e.g., in 1961-62 Grade 11, in 1962-63 Grade 10, etc., until all grades are included.
13. Nothing contained in this resolution shall be construed to prevent the separation of boys and girls in any school or grade, or to prevent the assignment of boys and girls to separate schools.
14. If any paragraph of these rules and procedure shall be held by any court of competent jurisdiction to be invalid for any reason, the remaining paragraphs shall continue of full force and effect. If any portion, clause or sentence of any paragraph shall be held by any court of competent jurisdiction to be invalid for any reason, the remainder of any such paragraph shall continue of full force and effect.
15. These rules and procedure shall be contingent upon the enactment of statutes by the General Assembly of Georgia permitting the same to be put into operation, and shall be submitted to the General Assembly for approval. Counsel are directed to transmit copies to the President of the Senate and the Speaker of the House of Representatives upon authorization by the Court.
Honorable B. D. Murphy
Attorney at Law Citizens & Southern National Bank Bldg.
Atlanta, Georgia
January 25, 1960
Dear Mr. Murphy:
This is to acknowledge your letter and the attached resolution submitted to the General Assembly by the Atlanta Board of Education.
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Your correspondence, along with the resolution, will be passed along to members of the State Senate.
With kindest regards and best wishes, I am
Sincerely,
GTB:sbj BC: Honorable Lament Smith
Garland T. Byrd Lieutenant Governor
Senator Brown of the 52nd made the following remarks and by unanimous consent the secretary was instructed to incorporate the remarks in the Journal: MR. PRESIDENT AND FELLOW MEMBERS OF THE SENATE:
I wish to speak about the plan you have just heard because it deals with the public schools of Atlanta of which I am a very proud product. You may not know that the public school system of Atlanta was instituted in 1872 and that it was the first public school system in our great State. All other school systems of Georgia have been patterned after it. Five generations of my own family have attended the public schools here. My Mother, who has just passed her 87th birthday was one of the first students in the Atlanta Public School System. She entered in 1878, six years after the system was inaugurated.
Much has been said about the effect of closing the public schools on our economy through the loss of existing industries and the loss of new industries. Much has been said about the effect of closing the schools on the crime rate and on our attempt to compete with the Russians in producing trained technicians and scientists.
I do not wish to speak on these subjects, although they are, of course, important. My interest is in the 115,000 children in Atlanta and the other nine hundred and some odd thousands enrolled in the public schools of our State.
It is not us, the present day public officials and business men who will suffer as a result of the schools closing, but these children, and the other children who have not entered school as yet and some yet unborn who will be affected by the closing of the schools. Our responsibility is first to these young citizens of our State. It is not just my responsibility as the Senator from the 52nd Senatorial District, but is equally your responsibility.
These young people are the beneficiaries of our public trust to maintain adequate public schools. You and I are trustees of these tremendous school facilities, teachers, and monies. I do not have to remind you that Georgia has made unusual progress in the field of education since the minimum foundation program of Education was adopted. You and I did not create and develop the public schools of Georgia. Our forefathers struggled and made many sacrifices to make our public system of education what it is today. We are not the givers of this education privilege. Therefore, we do not have the right to take it away. The children of this State are due from us what is rightfully theirs and what has been given to them by the generations that have proceeded us. It is our duty as trustees of this public school system to see that its beneficiaries receive their bounty.
I ask you Gentlemen of the Senate to consider this entire matter without reference to the future political consequences of what we might do with respect
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to this matter. Children are not something to play politics with. It is not fair, we represent them and they are not in a position to speak up or to protect their own interest. You and I both know what an interruption in the orderly education of our children will mean. Not only from the educational, but the emotional standpoint as well. These effects will also take their toll on the parents of these chidren. There are many who cannot afford to take substitute interim measures. I venture to say that there are only 10% of the parents in the Atlanta area who can afford adequate private school education for their children and certainly the percentage in other areas of our State will not not exceed this figure.
Gentlemen of the Senate, this situation, which we are now in, was most aptly described by the political writer during the conflict between the States. Thomas Paine said at that time and I quote "THESE ARE THE TIMES THAT TRY MEN'S SOULS". As one of your fellow Senators, it has been gratifying to learn since the convening of this General Assembly that the problem is not looked upon by this body as a rural vs. urban conflict, but has been given by each of you the attention and prayerful consideration that it deserves Because the local Fulton and DeKalb Delegations are directly involved concerning this school plan which has been read to you, it may be that I will later on in the session seek your aid and assistance in attempting to be of help to the Atlanta School Board and the 115,000 children, whose education is their responsibility. Gentlemen of the Senate, please be assured that it is not the purpose of any member of the local delegation to force the elected representatives of any other Section of our State to repudiate long and established traditions which have existed in our great State of Georgia for all of these years. What we do ask and beg of you is to help us to continue what we know must be done by continuing public education. The plan just read to you has been studied by the Pulton and DeKalb delegation. We have met with the Board of Education of Atlanta and with their attorneys and are convinced that this plan is the best plan which would comply with the orders of the Court in the case presently pending in the United States District Court. The plan has just recently been finally approved by Judge Frank Hooper.
It is my opinion, and the opinion of many others, that there is no need at the present time for Legislation which will implement the plan. It does not, in and of itself violate the Constitution or any laws of the State of Georgia. This will occur when and if the officials charged with the responsibility of placing children, decides that the plan requires a child to be placed in a school in violation of the laws of the State of Georgia. I do not know whether this result can be prevented in view of the Court's decision. This could be soon or it could be many years in the future. When and if this time comes, I, for one, do not want the public schools closed. This plan does not come to us as a result of voluntary action on anybody's part, but as a result of prolonged and hardfought litigation. Yet, it does not, in my opinion, warrant the abandonment of our great system of public education in Georgia.
During the two Legislative sessions I have been privileged to serve with you, I have found each of you to be dedicated public servants and men of high integrity and purpose. Likewise, I have found all of you deeply concerned with the problems of the people of the Metropolitan Atlanta area, the District that I am honored to serve.
I solicit your comments, your thoughts and suggestions, your earnest consideration, and above all your sincere and continued interest and sympathetic help in solving this grave and acute problem now upon us.
Gentlemen of the Senate, I thank you.
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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 tomorrow morning.
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Senate Chamber, Atlanta, Georgia, Tuesday, January 26, 1960.
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. Hoyt G. Parr, First Baptist Church, Forest Park, 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 read and found correct.
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
Senator Culpepper of the 7th 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 274. By Messrs. Kidd and Chandler of Baldwin and others:
A resolution to provide for the granting of scholarships to physicians, and other personnel desiring specialized training in mental health; and for other purposes.
HR 273. By Messrs. Kidd and Chandler of Baldwin, and others;
A resolution proposing an amendment to the Constitution to provide repayment of medical loans and scholarships by service at Milledgeville State Hospital or other State supported hospital; and for other purposes.
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HR 270. By Messrs. Twitty of Mitchell, Smith of Emanuel, and others:
A resolution proposing an amendment to the Constitution to provide for an adequate system of roads and bridges in this State; and for other purposes.
HB 717. By Messrs. Matthews and Newton of Colquitt, and Lanier of Candler:
A bill to regulate the sale of flue-cured leaf tobacco in this State, to provide for identification of types of tobacco sold in this State; and for other purposes.
HB 696. By Messrs. Lanier of Candler and Strickland of Evans:
A bill to amend an act relating to feeding garbage to animals and disease prevention in general; and for other purposes.
HB 693. By Messrs. Lanier of Candler, Lowrey of Floyd, and others:
A bill to be known as the Georgia Fertilizer Act of 1960; and for other purposes.
HB 687. By Messrs. Matthews and Newton of Colquitt, and others:
A bill to amend an act known as the Georgia Economic Poisons Act, to provide penalty for deficiencies in guaranteed components of economic poisons; and for other purposes.
HB 667. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A bill pertaining to the assessment of public service corporation fees in a sufficient amount to cover cost of operating the Georgia Public Service Commission; and for other purposes.
HB 657. By Messrs. Twitty of Mitchell, Smith of Emanuel, and others:
A bill to amend an act known as the "General Appropriation Act" to clarify and make effective provisions pertaining to Capital Outlay for payments for schools; and for other purposes.
HB 626. By Messrs. Thornton, McKenna and Phillips of Bibb:
A bill to amend an act to authorize and provide effect of docketing, indexing, etc., copies of petitions under the Bankruptcy Act; and for other purposes.
HB 275. By Mr. Love of Catoosa:
A bill to amend an act creating and establishing a factory for the blind, to provide the Board of Managers shall give preference to blind persons in hiring supervisors; and for other purposes.
SB 130. By Senators Sanders of 18th and Culpepper of the 7th:
A bill to transfer mileage allowance supervision from Supervisor of Purchases to the Budget Bureau, to repeal conflicting laws; and for other purposes.
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119
SR 26. By Senator Darby of the 15th:
A resolution authorizing the conveyance of the Vidalia State Farmers Market property; and for other purposes.
The House has passed, as amended, the following Senate bill:
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 be imposed, to repeal conflicting laws; and for other purposes.
The following bills and resolutions were introduced, read the first time and referred to committees:
SB 168. By Senator Sanders of the 18th:
A bill providing a procedure to be followed when foreign corporations merge or consolidate into Georgia corporations; and for other purposes.
Referred to Committee on Rules.
SB 169. By Senators Perry of the 24th and Edenfield of the 16th:
A bill to prohibit any person from obtaining a credit card issued to another; and for other purposes.
Referred to Committee on Judiciary.
SB 170. By Senators Livingston of the 38th and Watson of the 36th:
A bill to provide that it shall be unlawful for any person, firm, association or corporation to have in his possession custody or control, any malt beverages in excess of 288 fluid ounces; and for other purposes. (Engrossed).
Referred to Committee on Temperance.
Senator Livingston of the 38th moved that SB 170 be engrossed.
On the motion, the ayes were 35, nays 0.
The motion having received the requisite two-thirds constitutional majority, prevailed.
SB 171. By Senator Dykes of the 2nd; Doster of the 48th; Home of the 13th; and Screws of the 9th: A bill to make it unlawful for a railroad to operate certain type trains with less than a specified number of crewmen; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
SB 172. By Senator Brown of the 52nd: A bill providing for the election of members of the Board of Com-
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missioners of Roads and Revenues of Fulton County, Georgia; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 173. By Senators Sanders of the 18th; Culpepper of the 7th; and Greer of the 6th:
A bill to provide for the licensing and regulation of collection agencies; and for other purposes.
Referred to Committee on Banking and Finance.
SR 93. By Senator Clary of the 29th:
A resolution authorizing the Governor and Commissioner of Agriculture to convey certain lands in McDuffie County, Georgia.
Referred to Committee on Government Operations.
SR 94. By Senators Marshall of the 28th; Culpepper of the 7th; Sanders of the 18th; Lanier of the 20th; Purcell of the 31st; Barrett of the 45th; Barrett of the 32nd; Vaughn of the 34th; Greer of the 6th; Nixon of th 35th; and Kennedy of the 47th:
A resolution authorizing and directing the Board of Regents of the University of Georgia to transfer certain lands in Putnam County to the State Board of Corrections; and for other purposes.
Referred to Committee on Government Operations.
SR 95. By Senator Woodall of the 25th: A resolution creating a committee to work with the State Revenue Department on forms related to the State Income Tax Withholding Act; and for other purposes.
Referred to Committee on Rules.
HB 594. By Messrs. Kidd and Chandler of Baldwin: A bill to amend an act creating a Board of Commissioners of Baldwin County, so as to change the election time for members of said board; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 595. By Messrs. Kidd and Chandler of Baldwin: A bill to amend an act so as to authorize the Board of County Commissioners of Baldwin County to designate county depository; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 596. By Messrs. Kidd and Chandler of Baldwin: A bill to repeal an act providing that in counties with population
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121
between 29,050 and 30,250 holding primary for county officers, require a majority vote for nominees; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 605. By Mr. Been of Bacon:
A bill to amend the charter for the City of Alma, to authorize the city to operate system of lights without the city limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 607. By Messrs. Andrews and Williams of Hall:
A bill to amend the charter of Gainesville, to increase amount of tax levied for school purposes; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 613. By Messrs. Blalock and Lee of Clayton:
A bill to amend an act placing the sheriff and clerk of the Superior Court of Clayton County on salary system in lieu of fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 614. By Messrs. Blalock and Lee of Clayton:
A bill to amend an act consolidating the offices of Tax Receiver and Tax Collector of Clayton County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 615. By Messrs. Blalock and Lee of Clayton:
A bill to amend an act creating the Clayton Judicial Circuit, to change compensation of the Solicitor General; and for other purposes.
Referred to Committee on Judiciary.
HB 616. By Messrs. Blalock and Lee of Clayton:
A bill to amend the act creating Board of Commissioners of Roads and Revenues of Clayton County, to change compensation of members; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 628. By Messrs. Phillips, McKenna and Thornton of Bibb:
A bill to amend an act known as the "Juvenile Court Act", to provide for judges pro tempore of the juvenile courts; and for other purposes.
Referred to Committee on Judiciary.
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*>
HB 646. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to abolish the Veterans' Home Commission; to repeal conflicting laws; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.
HB 647. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to add a psychiatrist to the membership of the State Board of Public Health; and for other purposes.
Referred to Committee on Health and Welfare.
HB 648. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to provide for permanent transfer of the Milledgeville State Hospital to the State Department of Public Health; and for other purposes.
Referred to Committee on Health and Welfare.
HB 650. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to establish a prison Industries Administration to conduct a prison industries program; and for other purposes.
Referred to Committee on Rules.
HB 651. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to abolish the State Department of Confederate Pensions and Records; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.
HB 652. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to consolidate the State Hospital Advisory Committee and the Hospital Care Council; and for other purposes.
Referred to Committee on Rules.
HB 653. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend the "University System Building Authority Act" to change limitations on the issuance of revenue bonds, etc.; and for other purposes.
Referred to Committee on Rules.
HB 654. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to authorize the Governor to make temporary transfer of State Institutions; and for other purposes.
Referred to Committee on Rules.
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123
HB 655. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend an act relating to Supervisor of Purchases, including requirement that all political subdivisions supported by the State give preference when buying goods made by prison labor; and for other purposes.
Referred to Committee on Rules.
HB 656. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to create the State Penal and Rehabilitation Authority a financial corporate authority to provide facilities for a prison industries program; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.
HR 281. By Messrs. Undercofler and Jones of Sumter:
A resolution authorizing and directing the State Librarian to furnish Sumter County with certain law books; and for other purposes.
Referred to Committee on Judiciary.
HB 275. By Mr. Love of Catoosa:
A bill to amend an act creating and establishing a factory for the blind, to provide the Board of Managers shall give preference to bilnd persons in hiring supervisors; and for other purposes.
Referred to Committee on Rules.
HB 626. By Messrs. Thornton, McKenna and Phillips of Bibb:
A bill to amend an act to authorize and provide effect of docketing, indexing, etc., copies of petitions under the Bankruptcy Act; and for other purposes.
Referred to Committee on Banking and Finance.
HB 657. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend an act known as the "General Appropriations Act" to clarify and make effective provisions pertaining to Capital Outlay for payments for schools; and for other purposes.
Referred to Committee on Appropriations.
HB 667. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others: A bill pertaining to the assessment of public service corporation fees in a sufficient amount to cover cost of operating the Georgia Public Service Commission; and for other purposes.
Referred to Committee on Public Utlities and Transportation.
HB 687. By Messrs. Matthews and Newton of Colquitt and others: A bill to amend an act known as the Georgia Economic Poisons Act,
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to provide penalty for deficiencies in guaranteed components of economic poisons; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 693. By Messrs. Lanier of Candler, Lowrey of Ployd and others:
A bill to be known as the Georgia Fertilizer Act of 1960; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 696. By Messrs. Lanier of Candler and Strickland of Evans:
A bill to amend an act relating to feeding garbage to animals and disease prevention in general; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 717. By Messrs. Matthews and Newton of Colquitt and Lanier of Candler:
A bill to regulate the sale of flue-cured leaf tobacco in this State, to provide for identification of types of tobacco sold in this State; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HR 270. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A resolution proposing an amendment to the constitution to provide for an adequate system of roads and bridges in this State; and for other purposes.
Referred to Committee on Rules.
HR 273. By Messrs. Kidd and Chandler of Baldwin and others:
A resolution proposing an amendment to the constitution to provide repayment of medical loans and scholarships by service at Milledgeville State Hospital or other state supported hospital; and for other purposes.
Referred to Committee on Rules.
HR 274. By Messrs. Kidd and Chandler of Baldwin and others:
A resolution to provide for the granting of scholarships to physicians and other personnel desiring specialized training in mental health; and for other purposes.
Referred to Committee on Health and Welfare.
The following bills and resolution were read the second time:
SB 164. By Senator Brown of the 52nd:
A bill to remove certain exceptions to the provisions of an act regulating the sale of fireworks; and for other purposes.
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125
SB 165. By Senators Culpepper of the 7th and Sanders of the 18th:
A bill to provide for special permits to operate motor vehicles in excess of weight limit on State Highways of Georgia; to provide for collection of fees; and for other purposes.
SB 166. By Senators Culpepper of the 7th and Sanders of the 18th:
A bill providing for dimensions, length and weights of motor vehicles on public roads and to provide for the collection of penalties for the violation of same; and for other purposes.
SB 167. By Senators Perry of the 24th; Slade of the 14th; Doster of the 48th; Lindsey of the llth; Buff of the 44th; Adams of the 22nd; Clary of the 29th; Watson of the 36th; Kiker of the 41st; Barrett of the 32nd; Purcell of the 31st; and Cannon of the 40th:
A bill changing the procedures relating to expenditures of funds of the State Highway Department; and for other purposes.
SR 91. By Senators Sanders of the 18th; Culpepper of the 7th; and Jernigan of the 5th:
A resolution to amend the Constitution so as to provide for additional members to the State Board of Education; and for other purposes.
Mr. 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 has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 621. Do Pass.
HB 620. Do Pass.
HB 622. Do Pass.
HB 619. Do Pass.
HB 630. Do Pass.
HB 631. Do Pass.
HB 624. Do Pass.
HB 638. Do Pass.
Respectfully submitted,
Brown of 52nd District, Chairman.
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Mr. Doster of the 48th District, Chairman of the Committee on Agriculture 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 Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 136. Do Pass.
SB 159. Do Pass.
SB 160. Do Pass.
Respectfully submitted,
Doster of 48th District, Chairman.
Mr. 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 Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 145. Do Pass.
HB 572. Do Pass.
Respectfully submitted,
Holt of 54th District, Chairman.
Mr. 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 resolution of the Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SR 89. Do Pass.
SR 91. Do Pass.
SB 163. Do Pass.
Respectfully submitted,
Vaughn of 34th District, Secretary.
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127
The following communications were read by the secretary:
EXECUTIVE DEPARTMENT
Atlanta
January 12, 1960
Honorable Garland T. Byrd,
President of the Senate
Honorable George L. Smith, II Speaker of the House
State Capitol Atlanta, Georgia
Gentlemen:
In compliance with Article V, Section I, Paragraph IX of the Constitution of the State of Georgia of 1945, I respectfully submit herewith to your Honorable Body criminal cases in which sentence was suspended by me:
State of Georgia vs. Frank Junior Hill; convicted of murder in Dougherty County, Georgia, and sentenced to death by electrocution on April 10, 1959; sentence stayed for a period of thirty days on April 9, 1959, to permit his Attorney, Honorable Colquitt H. Odom, sufficient time to further investigate
said case and present any additional or new evidence to the State Board of Pardons and Paroles.
State of Georgia vs. William Charlton; convicted of Murder in Chatham County, Georgia, and sentenced to death by electrocution on May 1, 1959; sentence stayed for a period of thirty days on April 20, 1959, to permit his Attorney, Honorable Edward J. Goodwin, sufficient time to further investigate said case and present any additional or new evidence to the State Board of Pardons and Paroles.
State of Georgia vs. Mrs. Anjette Donovan Lyles; convicted of Murder in Bibb County, Georgia, and sentenced to death by electrocution on August 17, 1959; sentence stayed for a period of sixty days on August 10, 1959, to permit her Attorneys, Honorable Jack J. Gautier, Honorable William K. Buffington
and Honorable Roy B. Rhodenhiser, Jr., sufficient time to present their case to the State Board of Pardons and Paroles and to permit said Board additional time in which to render a decision thereon.
State of Georgia vs. Homer Bunckley; convicted of Robbery by Force in Talbot County, Georgia, and sentenced to death by electrocution on November 20, 1959; sentence stayed for a period of thirty days on November 19, 1959, at the request of the State Board of Pardons and Paroles in order to give said Board sufficient time in which to render a decision thereon.
State of Georgia vs. Ernest Albert; convicted of Murder in Richmond County, Georgia, and sentenced to death by electrocution on December 18, 1959; sentence stayed for a period of thirty days on December 11, 1959, to permit an Executive Sanity Commission sufficient time in which to inquire into his mental condition, as recommended by the State Board of Pardons and Paroles.
With kindest personal regards to each of you, I am
Sincerely,
SEV:jcc
S. Ernest Vandiver Governor
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GENERAL ASSEMBLY OF GEORGIA STATE CAPITOL Atlanta 3, Georgia
January 25, 1960
Honorable S. Ernest Vandiver Governor of the State of Georgia State Capitol Atlanta 3, Georgia
Dear Governor:
This will acknowledge receipt of your letter of January 12, 1960, in which you furnish a list of the cases in which you suspended the execution of the death sentence pursuant to the provisions of Article V, Section I, Paragraph XI of the Constitution (Annotated Code Section 2-3011.)
A copy of your letter is being furnished to each members of the Senate and the House of Representatives, and the Secretary of the Senate and the Clerk of the House of Representatives have been instructed to include a copy of your letter in the Journals of the two respective branches of the General Assembly.
With kindest personal regards and best wishes, we are
Sincerely,
Garland T. Byrd President of the Senate Geo. L. Smith, II Speaker, House of Representatives
The following resolution was read and adopted:
SR 92. By Senator Mercer of the 49th: A resolution relating to trips of senior high school students; and for other purposes.
Under the provisions of HR 312, the president appointed as a committee of escort for Judge George Wallace the following:
Senators Lindsey of the llth, Hays of the 8th and Drew of the 12th.
The hour for convening the joint session of the Senate and House having arrived, the president, accompanied by the secretary and the senators, proceeded to the hall of the House of Representatives, and the joint session called for the purpose of hearing a message by Honorable George C. Wallace was called
to order by the president.
The secretary of the Senate read the resolution providing for the joint session.
Accompanied by the committee of escort and other distinguished guests, Judge Wallace appeared upon the floor of the House.
Lieutenant-Governor Byrd made the introductory remarks:
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129
Honorable George Wallace in a stirring address outlined the progress the South had accomplished since the fight against freight rate discrimination had been won.
He predicted that a new industrial South would emerge in spite of the stumbling blocks which are cast in its path.
The following joint resolution was read and adopted:
HR JR 372. By Mr. Hurst of Quitman:
A RESOLUTION
Thanking Judge George C. Wallace for his address to the Joint Session of the General Assembly.
WHEREAS, the General Assembly of the State of Georgia wishes to express its appreciation to Honorable George C. Wallace for his splendid address to the Joint Session of the Georgia Central Assembly; and
WHEREAS, the General Assembly appreciates the efforts of Judge George C. Wallace through the years in his efforts to maintain Constitutional government in this country; and
WHEREAS, the vigorous, intelligent and courageous fight made against the Civil Rights Commission by Judge George C. Wallace has set the pattern for the resistance being carried on all over the South to this roving, meddling group; and
WHEREAS, the Georgia General Assembly in Joint Session assembled recognizes Judge George C. Wallace as one of the foremost leaders in the South for the preservation of Constitutional government and the traditions of the South and appreciates his leadership in opposing the efforts of the so called Civil Rights Commission on their foray into the South;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that we hereby express our sincere thanks to Judge George C. Wallace for his visit and address to the Georgia General Assembly.
Senator Culpepper of the 7th 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 local uncontested bills were read the third time and put upon their passage:
SB 156. By Senator Sanders of the 18th:
A bill to amend an act approved March 7, 1957 (Ga. Laws 1957, p. 2618), relating to the compensation of county officers in counties of a
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certain population so as to provide an additional deputy clerk and to provide the compensation of such clerk; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 619. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to amend the act 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 620. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to amend the act incorporating the Town of Warsaw, to increase the term of office of the mayor; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 621. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to amend the act incorporating the Town of Warsaw so as to prescribe method of 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 622. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to prescribe and establish compensation for the associate judge of the municipal court of Savannah; and for other purposes.
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131
The report 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 624. By Mr. Been of Bacon:
A bill to amend an act relative to the time for holding county primaries in Bacon 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.
The bill, having recevied the requisite constitutional majority, was passed.
HB 630. By Mr. Dunn of Pike:
A bill to amend an act incorporating the City of Concord, to change the tax rate 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 631. By Mr. Dunn of Pike:
A bill to amend an act relating to the limitation of ad valorem taxation by municipal corporations, to provide City of Concord not be affected by certain 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 638. By Messrs. Craven and Duncan of Carroll: A bill to amend the charter of the City of Villa Rica; and for other purposes.
The report 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.
HB 665. By Messrs. Smith and Winkle of Whitfield:
A bill to amend an act creating the office of Commissioner of Roads and Revenues for the County of Whitfield; and for other purposes.
The report 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 668. By Messrs. Smith and Winkle of Whitfield:
A bill placing the sheriff of Whitfield County and other officials on a salary basis and to fix the amount of their compensation and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 669. By Messrs. Winkle and Smith of Whitfield: A bill to authorize the mayor and council of the City of Dalton to close Avenue D in Morningside 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 673. By Messrs. Smith and Winkle of Whitfield:
A bill to abolish the office of tax receiver and tax collector of Whitfield County, to create the office of 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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133
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 115. By Messrs. Wilson of Bibb, Echols of Upson, Willingham of Cobb, and others:
A bill to codify the Insurance Laws of Georgia; to repeal Title 56 of the Georgia Code of 1933 entitled Insurance, so as to substitute new provisions on the organization of the Insurance Department; and for other purposes.
The House passed by substitute the following bill of the Senate to wit:
SB 30. By Senator Culpepper of the 7th and others:
A bill to amend an act entitled "Electric Membership Corporation", so as to redefine the term "rural area" as used in said Act; and for other purposes.
The following general bills and resolutions, favorably reported by the committees, were read the third time and put upon their passage:
HB 602. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A bill to impose withholding and estimated taxes to aid in the collection of the income tax imposed by law upon individuals; to provide for returns, assessment, collection; credits and for other purposes.
The report 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 5.
The bill, having received the requisite constitutional majority, was passed.
Senator Pannell of the 43rd asked unanimous consent that he be recorded as voting nay on HB 602.
The consent was granted.
The following bill was taken up for the purpose of considering a House substitute thereto:
SB 30. By Senators Culpepper of the 7th, Lindsey of the 53rd, Cannon of the 40th and many others:
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.
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The Committee on Industry of the House offered the following substitute:
AN ACT
To amend an Act known as the "Electric Membership Corporation Act", approved March 30, 1937 (Ga. L. 1937, p. 644), as amended, particularly by an Act approved March 24, 1939 (Ga. L. 1939, p. 312), so as to redefine "rural area" and to provide for electric service by such corporations in such areas; to provide for contributions by such cooperatives to towns, villages, and cities of an amount comparable to, but not more than, the amount paid by privately owned electric utilities operating in or contiguous to such municipality, such amount to be computed on the same percentage basis as privately owned electric utilities and to be based upon the sale of electric energy made by the cooperative to its members in the affected area of said municipality for all domestic and small commercial loads of less than 50 K.W.; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. The Electric Membership Corporation Act, approved March 30, 1937 (Ga. L. 1937, p. 644), as amended, particularly by an Act approved March 24, 1939 (Ga. L. 1939, p. 312), is hereby amended by striking from Section 2 thereof, paragraph 8 in its entirety, and in lieu thereof, inserting the following:
"(8). 'Rural area' means any area not included within the boundaries of any incorporated or unincorporated city, town, or village having a population in excess 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 continue to furnish electric energy to its member consumers or to new member consumers within such newly annexed area, provided that the right to serve new member consumers shall be limited to a service drop not exceeding three hundred (300) feet from any lines of such corporation in existence at the time of annexation 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. Said Act as amended is hereby further amended by adding a new Section to be known as Section 13-A, to read:
"13-A. Each cooperative serving members within an area that has been annexed to and included in the corporate limits of a municipality shall contribute to such municipality annually, within thirty (30) days following each calendar year, effective for the year 1960 and thereafter, an amount comparable to and proportionate to, but not more than, the amount paid by privately owned electric utilities operating in or contiguous to such municipality. Such amount shall be computed on the same percentage basis as privately owned electric utilities and shall be based upon the sale of electric energy made by the cooperative to its members in the
TUESDAY, JANUARY 26, 1960
135
affected area of said municipality for all domestic and small commercial loads of less than 50 K.W."
Section 3. 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 House substitute to SB 30.
On the motion to adopt, the ayes were 41, nays 0, and the substitute was adopted.
The following bill was taken up for the purpose of considering House amendments thereto:
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 be imposed; to repeal conflicting laws; and for other purposes.
Mr. Cheatham of Chatham offered the following amendment:
Amend SB 56 by striking the words "shall be sentenced to the maximum imprisonment provided therefor." in section 1 and inserting in lieu thereof the following:
"shall be sentenced to confinement in the county or other jail for a period of at least six months, or imprisonment in some institution under the jurisdiction of the State Board of Corrections for a period of at least six months, or both such confinement and imprisonment, and, in the discretion of the judge, a fine not to exceed $1,000.00"
so that when amended, said section 1 shall read as follows:
Section 1. Any person upon his or her second or subsequent conviction under the lottery statutes shall be sentenced to confinement in the county or other jail for a period of at least six months, or imprisonment in some institution under the jurisdiction of the State Board of Corrections for a period of at least six months, or both such confinement and imprisonment, and, in the discretion of the judge, a fine not to exceed $1,000.00.
Messrs. Murphy of Haralson and Ballard of Newton offered the following amendment:
Amend SB 56 by striking from the caption thereof the word "second" and substituting in lieu thereof the word "third"; and further, to amend the Cheatham amendment to SB 56 by striking the word "second" wherever it appears and substituting in lieu thereof the word "third".
Senator Sanders of the 18th moved that the Senate agree to the House amendments to SB 56.
On the motion to agree, the ayes were 37, nays 0, and the House amendments were agreed to.
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SB 146. By Senators Sanders of the 18th and Culpepper of the 7th:
A bill to transfer the Georgia School for Mental Defectives (Gracewood) to the State Department of Public 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 33, nays 0.
The bill, having received the requisite constitutional majority, was adopted.
SB 147. By Senators Sanders of the 18th and Culpepper of the 7th:
A bill to authorize the Budget Bureau to require established working hours; 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 586. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend the law providing for destruction of obsolete State records; and for other purposes.
The report 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 587. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to create the office of advisor to Institutional farms and an advisory committee in the Department 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 36, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 588. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend the "State Hospital Authority Act" to eliminate restrictions on interest rate on revenue bonds; and for other purposes.
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137
The report 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 589. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend the "State Office Building Authority Act" to eliminate restriction upon rate of interest on revenue 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 604. By Mr. Twitty of Mitchell:
A bill to require trustees to distribute income from trust property annually, on a calendar or fiscal year basis unless otherwise provided or directed; and for other purposes.
The report 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 633. By Messrs. Palmer of Mitchell, Orr of Wilkes and others:
A bill to repeal Code Section 26-6701, relating to punishment for permitting a minor to roll tenpins; and for other purposes.
The report 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.
Senator Ramsey of the 1st, 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 House of Representatives:
SB 135. SB 139. SB 142. SB 144. SB 148. SB 151. SB 152. SB 154. SB 149.
Respectfully submitted, Ramsey of the 1st District, Chairman.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 115. By Messrs. Wilson of Bibb, Echols of Upson, Willingham of Cobb, Carswell of Burke, Holcombe of Cobb, Caldwell of Upson, Wilkes of Cook and many others:
A bill to codify the Insurance Laws of Georgia; to repeal Title 56 of the Georgia Code of 1933 entitled Insurance, so as to substitute new provisions on the organization of the Insurance Department; and for other purposes.
Senator Vaughn of the 34th moved that the Senate insist on its position in amending HB 115 and that a committee of conference be appointed.
The motion prevailed and the president appointed as a committee of conference the following:
Senators Vaughn of the 34th, Wright of the 42nd and Cannon of the 40th.
Senator Culpepper of the 7th moved that the Senate do now adjourn, and the motion prevailed.
The president announced the Senate adjourned until 10:30 o'clock tomorrow morning.
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139
Senate Chamber, Atlanta, Georgia, Wednesday, January 27, 1960.
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. W. D. Hoates, Bethlehem Baptist Church, Warthen, 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 read and found correct.
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
Senator Culpepper of the 7th 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 44. By Senators Nixon of 35th and Vaughn of 34th:
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.
HR 331. By Messrs. Fowler of Douglas and Wells of Oconee:
A resolution proposing an amendment to the Constitution to authorize the General Assembly to provide for promotion of production, marketing, sale, use and utilization of agricultural products; and for other purposes.
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HR 300. By Messrs. Gowen of Glynn, Smith of Emanuel and Twitty of Mitchell:
A resolution proposing an amendment to the Constitution to provide for payment for taking or damaging private property for public road and street purposes; and for other purposes.
HR 81. By Messrs. Keever and Bradley of Bartow, and others:
A resolution proposing an amendment to the Constitution to authorize the General Assembly to provide by law for granting State funds to municipalities; and for other purposes.
HB 686. By Messrs. Andrews and Williams of Hall:
A bill to amend section 67-2003 of the Code relating to mechanics' lien on personality; such lien may be foreclosed by surrendering the property; and for other purposes.
HB 684. By Messrs. McKenna, Thornton, Phillips of Bibb, and others:
A bill to add one additional judge of the Superior Court for the Macon Judicial Circuit of Georgia; and for other purposes.
HB 636. By Messrs. Twitty of Mitchell, Smith of Emanuel, and others:
A bill to amend an act known as the "Unemployment Compensation Law" to provide benefit tables so as to change the weekly benefit amount, eligibility for benefits; and for other purposes.
HB 625. By Messrs. Carswell and Tucker of Burke, and others:
A bill to amend code section 67-1105 relating to securing advances made for purpose of planting, making, or gathering a crop, by giving a bill of sale; and for other purposes.
The following bills and resolution were introduced, read the first time and referred to committees:
SB 174. By Senator Greer of the 6th:
A bill providing for the payment of expenses and mileage for Judges of the Superior Court and Superior Court Judges Emeritus; and for other purposes.
Referred to Committee on Judiciary.
SB 175. By Senators Greer of the 6th; Vaughn of the 34th; Culpepper of the 7th; Perry of the 24th; Skelton of the 30th; Nixon of the 35th:
A bill changing the compensation of the Chairman of the Board of Workmen's Compensation, the other two members of the Board, the Deputy Directors and the Secretary-Treasurer; and for other purposes.
Referred to Committee on Industry & Labor.
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141
SB 176. By Senator Brown of the 52nd:
A bill providing the procedure for tax returns and digests in counties having a population of 300,000 or more; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 177. By Senator Greer of the 6th:
A bill modifying the provisions of the "Statewide Probation Act"; and for other purposes.
Referred to Committee on Penal and Corrective Affairs.
SR 96. By Senator Clary of the 29th:
A resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court of McDuffie County, Georgia; and for other purposes.
Referred to Committee on Judiciary.
HB 625. By Messrs. Carswell and Tucker of Burke and others:
A bill to amend Code Section 67-1105 relating to securing advances made for the purpose of planting, making, or gathering a crop, by giving a bill of sale; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 636. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend an act known as the "Unemployment Compensation Law" to provide benefit tables so as to change the weekly benefit amount, eligibility for benefits; and for other purposes.
Referred to Committee on Industry and Labor.
HB 684. By Messrs. McKenna, Thornton, Phillips of Bibb and others:
A bill to add one additional judge of the Superior Court for the Macon Judicial Circuit of Georgia; and for other purposes.
Referred to Committee on Judiciary.
HB 686. By Messrs. Andrews and Williams of Hall:
A bill to amend section 67-2003 of the code relating to mechanics' lien on personality; such lien may be foreclosed by surrendering the property; and for other purposes.
Referred to Committee on Judiciary.
HR 81. By Messrs. Keever and Bradley of Bartow and others:
A resolution proposing an amendment to the Constitution to authorize the General Assembly to provide by law for granting State funds to municipalities; and for other purposes.
Referred to Committee on Rules.
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HE 300. By Messrs. Gowen of Glynn, Smith of Emanuel and Twitty of Mitchell:
A resolution proposing an amendment to the Constitution to provide for payment for taking or damaging private property for public road and street purposes; and for other purposes.
Referred to Committee on Rules.
HR 331. By Messrs. Fowler of Douglas and Wells of Oconee:
A resolution proposing an amendment to the constitution to authorize the General Assembly to provide for promotion of production, marketing, sale, use and utilization of agricultural products; and for other purposes.
Referred to Committee on Rules.
The following bills and resolutions were read the second time:
SB 168. By Senator Sanders of the 18th:
A bill providing a procedure to be followed when foreign corporations merge or consolidate into Georgia corporations; and for other purposes.
SB 169. By Senators Perry of the 24th and Edenfield of the 16th:
A bill to prohibit any person from obtaining a credit card issued to another; and for other purposes.
SB 170. By Senators Livingston of the 38th and Watson of the 36th:
A bill to provide that it shall be unlawful for any person, firm, association or corporation to have in his possession, custody or control, any malt beverages in excess of 288 fluid ounces; and for other purposes. (Engrossed.)
SB 171. By Senators Dykes of the 2nd; Doster of the 48th; Home of the 13th; and Screws of the 9th:
A bill to make it unlawful for a railroad to operate certain type trains with less than a specified number of crewmen; and for other purposes.
SB 172. By Senator Brown of the 52nd:
A bill providing for the election of members of the Board of Commissioners of Roads & Revenues of Fulton County, Georgia; and for other purposes.
SB 173. By Senators Sanders of the 18th; Culpepper of the 7th; and Greer of the 6th:
A bill to provide for the licensing and regulation of collection agencies; and for other purposes.
SR 93. By Senator Clary of the 29th:
A resolution authorizing the Governor and Commissioner of Agriculture to convey certain lands in McDuffie County, Georgia.
WEDNESDAY, JANUARY 27, 1960
143
SR 94. By Senators Marshall of the 28th; Culpepper of the 7th; Sanders of the 18th; Lanier of the 20th; Purcell of the 31st; Barrett of the 45th; Barrett of the 32nd; Vaughn of the 34th; Greer of the 6th; Nixon of the 35th; and Kennedy of the 47th:
A resolution authorizing and directing the Board of Regents of the University of Georgia to transfer certain lands in Putnam County to the State Board of Corrections; and for other purposes.
SR 95. By Senator Woodall of the 25th:
A resolution creating a committee to work with the State Revenue Department on forms related to the State Income Tax Withholding Act; and for other purposes.
HB 594. By Messrs. Kidd and Chandler of Baldwin:
A bill to amend an act creating a Board of Commissioners of Baldwin County, so as to change the election time for members of said board; and for other purposes.
HB 595. By Messrs. Kidd and Chandler of Baldwin:
A bill to amend an act so as to authorize the Board of County Commissioners of Baldwin County to designate county depository; and for other purposes.
HB 596. By Messrs. Kidd and Chandler of Baldwin:
A bill to repeal an act providing that in counties with population between 29,050 and 30,250 holding primary for county officers, require a majority vote for nominee; and for other purposes.
HB 605. By Mr. Deen of Bacon:
A bill to amend the charter for the City of Alma, to authorize the city to operate system of lights without the city limits; and for other purposes.
HB 607. By Messrs. Andrews and Williams of Hall:
A bill to amend the charter of Gainesville, to increase amount of tax levied for school purposes; and for other purposes.
HB 613. By Messrs. Blalock and Lee of Clayton:
A bill to amend an act placing the sheriff and clerk of the Superior Court of Clayton County on salary system in lieu of fee system; and for other purposes.
HB 614. By Messrs. Blalock and Lee of Clayton:
A bill to amend an act consolidating the offices of Tax Receiver and Tax Collector of Clayton County; and for other purposes.
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JOURNAL OF THE SENATE,
HB 615. By Messrs. Blalock and Lee of Clayton:
A bill to amend an act creating the Clayton Judicial Circuit, to change compensation of the Solicitor General; and for other purposes.
HB 616. By Messrs. Blalock and Lee of Clayton:
A bill to amend the act creating Board of Commissioners of Roads and Revenues of Clayton County, to change compensation of members; and for other purposes.
HB 628. By Messrs. Phillips, McKenna and Thornton of Bibb:
A bill to amend an act known as the "Juvenile Court Act", to provide for judges pro tempore of the juvenile courts; and for other purposes.
HB 646. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to abolish the Veterans' Home Commission; to repeal conflicting laws; and for other purposes.
HB 647. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to add a psychiatrist to the membership of the State Board of Public Health; and for other purposes.
HB 648. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to provide for permanent transfer of the Milledgeville State Hospital to the State Department of Public Health; and for other purposes.
HB 650. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to establish a prison Industries Administration to conduct a prison industries program; and for other purposes.
HB 651. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to abolish the State Department of Confederate Pensions and Records; and for other purposes.
HB 652. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to consolidate the State Hospital Advisory Committee and the Hospital Care Council; and for other purposes.
HB 653. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend the "University System Building Authority Act" to change limitations on the issuance of revenue bonds, etc; and for other purposes.
HB 654. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to authorize the Governor to make a temporary transfer of State Institutions; and for other purposes.
WEDNESDAY, JANUARY 27, 1960
145
HB 655. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend an act relating to Supervisor of Purchases, including requirement that all political subdivisions supported by the State give preference when buying goods made by prison labor; and for other purposes.
HB 656. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to create the State Penal and Rehabilitation Authority a financial corporate authority to provide facilities for a prison industries program; to repeal conflicting laws; and for other purposes.
HR 281. By Messrs. Undercofler and Jones of Sumter:
A resolution authorizing and directing the State Librarian to furnish Sumter County with certain law books; and for other purposes.
HB 275. By Mr. Love of Catoosa:
A bill to amend an act creating and establishing a factory for the blind, to provide the Board of Managers shall give preference to blind persons in hiring supervisors; and for other purposes.
HB 626. By Messrs. Thornton, McKenna and Phillips of Bibb:
A bill to amend an act to authorize and provide effect of docketing, indexing, etc., copies of petitions under the Bankruptcy Act; and for other purposes.
HB 657. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend an act known as the "General Appropriations Act" to clarify and make effective provisions pertaining to Capital Outlay for payments for schools; and for other purposes.
HB 667. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A bill pertaining to the assessment of public service corporation fees in a sufficient amount to cover cost of operating the Georgia Public Service Commission; and for other purposes.
HB 687. By Messrs. Matthews and Newton of Colquitt, and others:
A bill to amend an act known as the Georgia Economic Poisons Act, to provide penalty for deficiencies in guaranteed components of economic poisons; and for other purposes.
HB 693. By Messrs. Lanier of Candler, Lowrey of Ployd and others:
A bill to be known as the Georgia Fertilizer Act of 1960; and for other purposes.
HB 696. By Messrs. Lanier of Candler and Strickland of Evans: *
A bill to amend an act relating to feeding garbage to animals and disease prevention in general; and for other purposes.
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JOURNAL OF THE SENATE,
HB 717. By Messrs. Matthews and Newton of Colquitt and Lanier of Candler:
A bill to regulate the sale of flue-cured leaf tobacco in this State, to provide for identification of types of tobacco sold in this State; and for other purposes.
HE 270. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A resolution proposing an amendment to the constitution to provide for an adequate system of roads and bridges in this State; and for other purposes.
HR 273. By Messrs. Kidd and Chandler of Baldwin and others:
A resolution proposing an amendment to the constitution to provide repayment of medical loans and scholarships by service at Milledgeville State Hospital or other state supported hospital; and for other purposes.
HR 274. By Messrs. Kidd and Chandler of Baldwin and others:
A resolution to provide for the granting of scholarships to physicians and other personnel desiring specialized training in mental health; and for other purposes.
Mr. 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 168. Do Pass.
HB 654. Do Pass.
HR 46. Do Pass.
Respectfully submitted,
Vaughn of 34th District, Secretary.
Mr. Vaughn of the 34th 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 Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 162. Do Pass.
HB 628. Do Pass.
Respectfully submitted,
Vaughn of 34th District, Chairman.
WEDNESDAY, JANUARY 27, 1960
147
Mr. Vaughn of the 34th 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 609. Do Pass.
HB 615. Do Pass.
Respectfully submitted,
Vaughn of 34th District, Chairman.
The following general bills, favorably reported by the committees, were read the third time and put upon their passage:
SB 159. By Senators McGill of the 50th and Lindsey of the llth:
A bill creating a Livestock & Poultry Disease Control Board and providing for members, duties and 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 160. By Senators Lindsey of the llth and McGill of the 50th: A bill to qualify the terms of the appointive members of the Georgia Seed Development Commission and the Advisory 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 163. By Senator Carlisle of the 51st: A bill to provide that deputy registrars may register voters in certain instances; and for other purposes.
The report 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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JOURNAL OF THE SENATE,
SR 89. By Senator Sanders of the 18th and Senator Watson of the 36th:
A RESOLUTION
A resolution proposing to the qualified voters of Georgia an amendment to Article VII, Section II of the 1945 Constitution of Georgia, authorizing levy of a maximum of $1.00 on the sale of every marriage license in Georgia for the purpose of paying pensions and other benefits and costs under an Ordinaries' Retirement System of Georgia; to provide for the disbursement by such system or agents or officials designated by the legislature; for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA AS FOLLOWS:
Section 1. Article VII, Section II of the 1945 Constitution of Georgia is hereby amended by adding at the end thereof a new Paragraph, to be known as Paragraph VI, which shall read as follows:
"VI. The State, through the General Assembly, may levy a maximum of $1.00 on the sale of every marriage license, in Georgia, for the purpose of paying pensions and other benefits and costs under an Ordinaries' Retirement System in Georgia. Said levy may be collected by such Ordinaries' pension system or agents or officials designated by the Legislature and disbursed by said system by authority of the General Assembly for the purposes herein authorized."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VII, Section II, of the 1945 Constitution of Georgia, so as to authorize the levy of a maximum of $1.00 on the sale of every marriage license in Georgia for the purpose of paying pensions and other benefits and costs under an Ordinaries' Retirement System of Georgia.
"Against ratification of amendment to Article VII, Section II, of the 1945 Constitution of Georgia, so as to authorize the levy of a maximum of $1.00 on the sale of every marriage license in Georgia for the purpose of paying pensions and other benefits and costs under an Ordinaries' Retirement System of Georgia."
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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149
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 Barrett of 45th Breedlove Brooks Brown Cannon Carlisle Clary Crowe Culpepper Darby Drew Edenfield Gearreld
Hays Holt Holton Home Jernigan Lanier Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley McGill Nixon
Pannell Perry Ramsey Redwine Roper Sanders Screws Shaw Skelton Slade Smith Vaughn Watson Woodall Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 45, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
SR 91. By Senator Sanders of the 18th; Senator Culpepper of the 7th, and Senator Jernigan of the 5th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for additional members from the State-at-large to the State Board of Education and a new method of filling vacancies; 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 VIII, Section II, Paragraph I of the Constitution, relating to the State Board of Education, is hereby amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph I, to read as follows:
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"Paragraph I. There shall be a State Board of Education, composed of one member from each Congressional District in the State, and five additional members from the State-at-large, appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of the Board. The members of the Board from Congressional Districts, who are on the Board at the time of the ratification of this amendment, shall continue until their terms expire, and their successors and all future successors shall be appointed for terms of seven years from the expiration of the previous term. It shall be the duty of the Governor, prior to January 1, 1961, to appoint five members from the State-atlarge, who shall take office January 1, 1961, for terms of three, four, five, six and seven years, as shall be designated by the governor when making said appointments. Successors to such members and all future successors shall be appointed for terms of seven years from the expiration of the previous term. Vacancies upon said Board shall be similarly filled by appointment and confirmation. All members of the Board shall hold office until their successors are appointed and qualified. The members of the State Board of Education shall be citizens of this State who shall have resided in Georgia continuously for at least five years preceding their appointment. No person employed in a professional capacity by a private or public education institution, or by the State Department of Education, shall be eligible for appointment or to serve on said Board. No person who is or has been connected with or employed by a school book publishing concern shall be eligible to membership on the Board, and if any person shall be so connected or employed after becoming a member of the Board, his place shall immediately become vacant. The State Board of Education shall have such powers and duties as provided by law and existing at the time of the adoption of the Constitution of 1945, together with such further powers and duties as may be thereafter provided by law."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for additional members from the State-at-large to the State Board of Education and a new method of filling vacancies.
"Against ratification of amendment to the Constitution so as to provide for additional members from the State-at-large to the State Board of Education and a new method of filling vacancies."
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.
WEDNESDAY, JANUARY 27, 1960
151
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 Barrett of 45th Breedlove Brooks Brown Buff Cannon Carlisle Clary Crowe Culpepper Doster Drew Edenfield Gearreld
Hays Holt
Holton Home Jernigan Kennedy Lanier Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley McGill Nixon
Pannell Perry Redwine 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 46, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
Senator Ramsey of the 1st, 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 of Eepresentatives:
SB 95.
SB 146.
SB 147.
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SB 156. SR 92.
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 Governor:
SB 30.
Respectfully submitted,
Ramsey of the 1st District, Chairman.
The president presented Honorable George B. Hamilton, State Treasurer, who addressed the Senate and at the conclusion filed the following report and recommendation with the secretary:
TO THE GOVERNOR AND THE GENERAL ASSEMBLY REPORT AND RECOMMENDATIONS OF THE GEORGIA
INDUSTRIAL DEVELOPMENT ADMINISTRATION
The Georgia Industrial Development Administration has been functioning under the law passed at the 1959 Session of the General Assembly. We feel that we can honestly report that we have accomplished some good in the orderly processes of investment of pension funds in the field of maximum safety of principal and return on investments, but it is quite evident that the method of operation at present is not only cumbersome, but does not afford the proper management in the investment field. The experience gained in the operation of the Administration to this point clearly evidences the fact that operation of the Retirement Systems and the investment of funds are two distinct and separate responsibilities. Those who have the knowledge and ability to operate the retirement features, such as collection of payments, determination of eligibility of retirement and the orderly payment of retirement benefits, do not necessarily have the knowledge or capability of handling the investment of funds. The same is true in reverse of those with the experience and knowledge in the investment fields.
Under the present set-up, the Georgia Industrial Development Administration is compelled to carry the entire responsibility and liability of final approval of investment and loans with no facilities whatsoever for the proper clearing of loans and the handling of invest-
WEDNESDAY, JANUARY 27, 1960
153
ments so as to produce a properly balanced portfolio. Most of the funds are not of sufficient size themselves to finance the securing of adequate investment and loan counsel. Out of the experience we have gained, the Board feels that they should make the following recommendations as to the proper legislation that will result in better management of the investment of funds.
The function of operational management and investments of funds must be two distinct and entirely separate operations. The Trustees of each individual Retirement Fund should be charged with operational responsibility only. There should be set up another Board which handles all investments of any character of all retirement funds. This Board should be entirely divorced from political consideration and be so constituted as to consider the safety of the principal of the funds and the maximum earning of return without having to consider any outside influences. The Investment Board so constituted should have full and complete authority to hire competent personnel in the fields of real estate loans and security investments. This personnel should be employed by the Board and serve constantly under their direction and subject to their determinations. Restrictions should be set up as to the type and field of investment that the Board can handle so as to throw around their actions the safeguard of legal limitations. In order to accomplish this set-up, it would be necessary for the investment board to have adequate finances for operation. This could be done either by the right of the Board to assess each Retirement System for the cost of their operation on the basis of the size and activity of each Fund; or by an appropriation of State funds made by the Legislature.
It would be necessary to pass a Constitutional Amendment insofar as the Teacher's Retirement System and the Employees' Retirement System are concerned, taking away from the Board of Trustees of these Funds their power of investment and putting that responsibility in the hands of the Investment Board created. If it is the considered judgement of the General Assembly that this set-up should be perfected, naturally, the Constitutional Amendment could not become effective until the 1960 general election, and then only if approved by the electorate. In the interim, we strongly recommend that the law establishing the Georgia Industrial Development Administration be completely rewritten, so as to give originating authority for real estate loans to said Administration, with an appropriation to finance their setting up competent personnel in this field, so that applications for loans can be properly cleared for consideration by the Administration. Under such a system, of course, the Georgia Industrial Development Administration could not issue commitments, but they would receive applications for real estate loans and when cleared and approved by them, these loans would then constitute a market for purchase by the various Retirement Systems. Further, this should be the only field of real estate loans eligible for purchase by any of the Retirement Systems. This would not require a Constitutional amendment.
We are of the opinion that no member of an Investment Board should also be a member of the Board of Trustees of any Retirement Fund, nor should they be a member of any authority or agency which has the power to make leases under which applications for loans will be made to the Investment Board. This, we believe, is necessary in order not to have a conflict of interest. Also, it will not place any
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member of either Boards or Agencies in the position of prior commitment in any instance when actions are to be taken by any particular Board or Agency. While general restrictions on the operation of the Investment Board should be spelled out in the law itself, they should be given ample authority to promulgate rules and regulations covering details of operations.
In conclusion, the membership of the Georgia Industrial Development Administration feels that we have eliminated to some degree procedures which would not lend to better safety of the funds as well as conflicts of personal interest. We have attempted at all times, to conscientiously, without bias, carry out the responsibility the General Assembly placed in our hands, however, we do not feel that we should be required to continue to operate under a system which puts such a tremendous responsibility on our shoulders without adequacy of means to properly pass judgment on loan applications, which run into millions of dollars; unless we are given greater power of the initial consideration of loan application and the finances to secure adequate experienced and capable personnel to clear such loans for consideration of the Board itself. We, therefore, strongly urge the General Assembly to give careful consideration to our recommendations and take such action as their wisdom and judgement dictates.
Respectfully submitted,
Geo. B. Hamilton, Chairman B. E. Thrasher Ben Fortson A. P. Persons Tom Greene W. C. Harris
The following member did not take any position: Zack D. Cravey
REPORT OF STUDY COMMITTEE ON THE SUBJECT OF COMPENSATION OF MEMBERS OF THE GENERAL ASSEMBLY.
House Resolution 195 as enacted by substitute in the General Assembly of 1959, appointed a committee composed of the State Treasurer, Secretary of State and the Attorney General to make studies and recommendations as to the compensation of the General Assembly.
Said committee has made an exhaustive study and analysis of the operation of the General Assembly of all the States, with the exception of Alaska and Hawaii. Questionnaire was sent to the State Treasurer of all States through the facilities of the National Association of State Auditors, Comptrollers and Treasurers and replies were received from every State with the exception of the two noted above, who at that time had not completed their governmental structure as States. An analyses of the replies to the questionnaire reveals the following information:
On the question as to a regular session of the General Assembly, it will be noted that approximately two-thirds of the States have
WEDNESDAY, JANUARY 27, 1960
155
adopted bi-annual sessions and one-third annual sessions. The State of Maryland has rather a unique procedure as to its sessions, namely, in odd years they meet for sixty (60) days for the purpose of legislation and in even years they meet for thirty (30) days to enact an appropriation bill only. Your committee was rather surprised to find out that so many States have unlimited terms of sessions, namely, almost one-half. Of the States having limited terms of session, most seem to favor sixty (60) days. Those having unlimited session and sessions limited to sixty (60) days account for thirty six (36) out of the forty eight (48) states. The balance have various limited sessions.
With regard to the remuneration of members of the General Assembly, we find an utter lack of uniformity. The trend definitely seems to be toward a remuneration on the basis of an annual salary and an annual salary and per diem. While the trend seems to be rather gradual, the change to the above form of compensation is being put into effect more rapidly in recent years. Only in a few instances is the salary reasonable for the services they must render. It must be remembered that members of the General Assembly not only give their full time during the session, but they are always at the services of their constituents and the State during the entire balance of the year. They make innumerable trips in the interest of their counties for which, under the present system in Georgia they receive no payment for their time and expenses. It seems to me that the facts revealed by this survey clearly point to one fact; namely, that while other branches of state government are in most instances paid salaries comparable to their position and responsibility, the members of the Legislative branch of government are expected to serve at a sacrifice. Remember they enact the laws under which government, economic, and social structures must operate. We firmly believe that the Legislative branch is in fact the foundation upon which the super structure of government is erected, because unless they first act by enacting laws the other branches of government, namely, Judicial and Executive, can not function. We must recognize the fact that it is only common sense and economically sound to adequately compensate those who constitute the Legislative branch of government, so that they shall not be required to serve at a sacrifice and so that we will continue to attract men who have the opportunity through independence to think only of the good of the general public and economic and social progress of their State.
The survey reveals that a majority of the States only allow mileage for one round trip per session, namely, thirty (30) States. The rate per mile varies widely, however, ten cents (10!) per mile seems to be favored by most. Your Committee believes that the Legislative members should be allowed weekly trips during the session, as it is necessary for them to discuss pending legislation with their constituents at home.
The survey reveals that where States that pay an annual salary in most instances pay only actual expenses on interim committees, with no per diem allowance.
The survey reveals that most of the States have four year terms for Senators and two year terms for Representatives. However, two States have four year terms for Representatives and one of these only two year terms for Senators. One State, namely Nebraska has a unicameral Legislature.
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Your Committee is attaching hereto and making a part of this report a paper delivered by the Chairman to the National Association of State Auditors, Comptrollers and Treasurers at their annual convention in Philadelphia in September of 1959. This paper contains complete charts and analysis of the survey made.
RECOMMENDATIONS
Your Committee recommends that the system of pay of the members of the General Assembly be changed to an annual salary plus a per diem for each calendar day the General Assembly is in session, and mileage for travel from their home to the Capitol and return. To effectuate this change, your Committee recommends the adoption by this Legislature of the Constitutional amendment attached hereto and made a part of this report. This amendment will be voted on by the people and, therefore, in adopting the amendment you are not raising your own pay, but you are giving the electorate of Georgia the opportunity to either ratify or reject this proposal. This Constitutional amendment can not be voted on by the people before the General election of 1960. The change, if ratified can not effect the present members of the General Assembly. Your Committee recommends that the 1961 General Assembly, if this amendment is ratified by the people, set an annual salary of $2,400.00 per year payable monthly, plus a per diem of $20.00 for each calendar day the General Assembly is in session. Of course, this is only the recommendations of your Committee and the rates and amounts are subject to the wisdom of the General Assembly of 1961.
Your Committee further recommends the adoption of a Constitutional Amendment to change the salary basis of the Lieutenant Governor. The office of Lieutenant Governor has become more and more an almost full time position and it does seem to your Committee that a salary of $2,000.00 per year for a position of this importance is totally inadequate. The proposed Constitutional amendment is attached to and made a part of this report. It would allow the General Assembly to fix the compensation of the Lieutenant Governor and provides that it can not effect the present Lieutenant Governor, but only his successors in office. Your Committee would recommend an annual salary of $10,000.00 per year, however, this recommendation, of course, is subject to the wisdom of the 1961 General Assembly.
Your Committee gave considerable time to the compilation of this report. We have endeavored to bring to you facts and conclusions with all honesty and clarity possible. We believe that if the recommendations of this Committee are adopted, it will be a progressive forward step in the field of the Legislative branch of Government. We, therefore, urge your conscientious consideration of our proposals.
Respectfully submitted,
Geo. B. Hamilton Treasurer, State of Georgia
Ben W. Portson, Jr. Secretary of State
Eugene Cook Attorney General
WEDNESDAY, JANUARY 27, 1960
157
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for salary of the Lieutenant Governor; to provide for submission of the amendment for rejection or ratification, and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1
Article V, Chapter II, Paragraph VI of the Constitution is hereby amended by striking the words "and shall receive the sum of $2,000.00 per annum" and insert in lieu thereof the following words: "who shall receive an annual salary as fixed by statutory enactment of the General Assembly; provided, however, that this Constitutional amendment shall apply to the Lieutenant Governor elected and installed in office in January, 1963 and his successors".
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 thereof, 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 annual salary of Lieutenant Governor.
Against ratification of amendment to the Constitution so as to provide for annual salary of 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.
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for an annual salary, expense and mileage of Members of the General Assembly; to provide for submission of this amendment for rejection or ratification; and for other purposes.
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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1
Article III, Section IX, Paragraph I of the Constitution is hereby amended by striking said paragraph in its entirety and inserting in lieu thereof a new paragraph, which read as follows:
"Paragraph I. SALARY, EXPENSES AND MILEAGE. The members of the General Assembly shall be paid an annual salary and a per diem expense allowance for each calendar day they are in session in such amounts as shall be set by statutory enactment of the General Assembly. Provided, however, that the salary and expense allowances set by action of the 1961 regular session of the General Assembly shall only be changed so as to apply to the succeeding General Assembly following passage of such change. Members serving on interim committees shall receive actual expense only for services on such committees. The members of the General Assembly shall receive ten (10$) cents per mile for travel to and from their home and the Capitol. The members shall receive no compensation other than as provided in this Constitution for their service as members of the General Assembly; provided, however, the Speaker of the House of Representatives shall receive twelve ($1,200.00) hundred dollars per annum in addition to the regular salary and per diem, as an extra expense allowance".
Section 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for Salary, Expenses and Mileage of the Members of the General Assembly."
"Against ratification of amendment to the Constitution so as to provide for Salary, Expenses and Mileage of the Members of the General Assembly."
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.
WEDNESDAY, JANUARY 27, 1960
159
SB 136. By Senator Doster of the 48th:
A bill to amend an act approved March 7, 1955, Ga. Laws 1955, p. 483, as amended, relating to the State Game and Fish Commission, so as to provide for consent of State of Georgia for acquisition of lands by the United States for conservation, protection, propagation and development of all species of fish and wildlife; 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 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 572. By Mr. Gowen of Glynn:
A bill to provide for persons afflicted with tuberculosis who shall be confined in jail; and for other purposes.
The report 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 609. By Messrs. Gowen and Killian of Glynn and others:
A bill to further supplement the salary of the judge of the superior courts of the Brunswick 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 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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, Thursday, January 28, 1960.
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. J. Ivy Edwards, pastor Port Gaines Baptist Church, Fort Gaines, 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 read and found correct.
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
Senator Culpepper of the 7th 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:
SR 85. By Senator Sanders of the 18th:
A resolution relating to the building of cabins at State Parks by amending the last paragraph of a resolution found in Georgia Laws 1956, p. 673, so as to permit the construction of quarters for the housing of park personnel where necessary.
HR 322. By Messrs. Twitty of Mitchell, McCracken of Jefferson and others:
A resolution ratifying lease agreements between the Western and Atlantic Railroad Commission and City Center, Inc.; and for other purposes.
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161
HB 735. By Messrs. Holcombe, Willingham and Reed of Cobb:
A bill to add one additional Judge to the Superior Court of Cobb Judicial Circuit; and for other purposes.
HB 734. By Messrs. Reed, Willingham and Holcombe of Cobb:
A bill to amend an act relating to duties of Clerks of the Superior Courts, extending distance from courthouse for places at which records may be kept; and for other purposes.
HB 725. By Messrs. Summers of Crisp and Carr of Dooly:
A bill to amend an act effecting a complete revision of the laws relating to the qualifications and registration of voters; and for other purposes.
HB 708. By Messrs. Fuqua of Richmond and Walker of Lowndes:
A bill to amend section 4 of article I of the Banking Law of Georgia relating to regulation of private banks, to prohibit new private banks; and for other purposes.
HB 707. By Messrs. Puqua of Richmond and Walker of Lowndes:
A bill to amend section 5 of article III of the Banking Laws of Georgia, relating to fees to cover cost of examinations of banks, to increase the fees; and for other purposes.
HB 627. By Messrs. McKenna and Phillips of Bibb:
A bill to provide a method of retraction of libelous statements made by newspapers which shall relieve such newspapers from punitive damages; and for other purposes.
HB 532. By Messrs. Ray of Warren and Twitty of Mitchell:
A bill to amend chapter 92-34 of the code of Georgia, relating to the imposition, assessment and collection of taxes; and for other purposes.
HB 593. By Messrs. Paris of Barrow, Odom of Dougherty, and others:
A bill to amend an act known as the Georgia Ports Authority Act, to authorize the Governor, on behalf of the State, to convey certain property to Georgia Ports Authority; and for other purposes.
The following bills were introduced, read the first time and referred to committees:
SB 178. By Senator Ramsey of the 1st:
A bill authorizing County Commissioners of Chatham County, Georgia, to maintain a system or systems of fire departments; and for other purposes.
Referred to Committee on County and Municipal Governments.
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SB 179. By Senator Ramsey of the 1st:
A bill to provide that County Commissioners and Ex-Officio Judges of Chatham County, Georgia, maintain a system or systems of water works; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 532. By Messrs. Ray of Warren and Twitty of Mitchell:
A bill to amend chapter 92-34 of the code of Georgia, relating to the imposition, assessment and collection of taxes; and for other purposes.
Referred to Committee on Rules.
HB 593. By Messrs. Paris of Barrow, Odom of Dougherty and others:
A bill to amend an act known as the Georgia Ports Authority Act, to authorize the Governor, on behalf of the state, to convey certain property to Georgia Ports Authority; and for other purposes.
Referred to Committee on Rules.
HB 627. By Messrs. McKenna and Phillips of Bibb:
A bill to provide a method of retraction of libelous statements made by newspapers which shall relieve such newspapers from punitive damages; and for other purposes.
Referred to Committee on Judiciary.
HB 707. By Messrs. Fuqua of Richmond and Walker of Lowndes:
A bill to amend section 5 of Article III of the Banking Laws of Georgia, relating to fees to cover cost of examination of banks, to increase the fees; and for other purposes.
Referred to Committee on Banking and Finance.
HB 708. By Messrs. Fuqua of Richmond and Walker of Lowndes:
A bill to amend section 4 of article 1 of the Banking Laws of Georgia relating to regulation of private banks, to prohibit new private banks; and for other purposes.
Referred to Committee on Banking and Finance.
HB 725. By Messrs. Summers of Crisp and Carr of Dooly:
A bill to amend an act effecting a complete revision of the laws relating to the qualifications and registration of voters; and for other purposes.
Referred to Committee on Rules.
HB 734. By Messrs. Reed, Willingham and Holcombe of Cobb: A bill to amend an act relating to duties of clerks of the Superior Courts, extending distance from courthouse for places at which records may be kept; and for other purposes.
Referred to Committee on Judiciary.
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163
HB 735. By Messrs. Holcombe, Willingham and Reed of Cobb:
A bill to add one additional judge to the Superior Court of Cobb Judicial Circuit; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 322. By Messrs. Twitty of Mitchell, McCracken of Jefferson and others:
A resolution ratifying lease agreement between the Western and Atlantic Railroad Commission and City Center, Inc.; and for othei purposes.
Referred to Committee on Government Operations.
The following bills and resolution were read the second time:
SB 174. By Senator Greer of the 6th:
A bill providing for the payment of expenses and mileage for Judges of the Superior Court and Superior Court Judges Emeritus; and for other purposes.
SB 175. By Senators Greer of the 6th; Vaughn of the 34th; Culpepper of the 7th; Perry of the 24th; Skelton of the 30th; Nixon of the 35th:
A bill changing the compensation of the Chairman of the Board of Workmen's Compensation, the other two members of the Board, the Deputy Directors and the Secretary-Treasurer; and for other purposes.
SB 176. By Senator Brown of the 52nd:
A bill providing the procedure for tax returns and digests in counties having a population of 300,000 or more; and for other purposes.
SB 177. By Senator Greer of the 6th:
A bill modifying the provisions of the "Statewide Probation Act"; and for other purposes.
SR 96. By Senator Clary of the 29th:
A resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court of McDuffie County, Georgia; and for other purposes.
HB 625. By Messrs. Carswell and Tucker of Burke and others:
A bill to amend Code Section 67-1105 relating to securing advances made for the purpose of planting, making, or gathering a crop, by giving a bill of sale; and for other purposes.
HB 636. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend an act kniwn as the "Unemployment Compensation Law" to provide benefit tables so as to change the weekly benefit amount, eligibility for benefits; and for other purposes.
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HB 684. By Messrs. McKenna, Thornton, Phillips of Bibb and others:
A bill to add one additional judge of the Superior Court for the Macon Judicial Circuit of Georgia; and for other purposes.
HB 686. By Messrs. Andrews and Williams of Hall:
A bill to amend section 67-2003 of the code relating to mechanics' lien on personalty; such lien may be foreclosed by surrendering the property; and for other purposes.
HR 81. By Messrs. Keever and Bradley of Bartow and others:
A resolution proposing an amendment to the Constitution to authorize the General Assembly to provide by law for granting State funds to municipalities; and for other purposes.
HR 300. By Messrs. Gowen of Glynn, Smith of Emanuel and Twitty of Mitchell:
A resolution proposing an amendment to the Constitution to provide for payment for taking or damaging private property for public road and street purposes; and for other purposes.
HR 331. By Messrs. Fowler of Douglas and Wells of Oconee:
A resolution proposing an amendment to the constitution to authorize the General Assembly to provide for promotion of production, marketing, sale, use and utilization of agricultural products; and for other purposes.
Mr. Doster of the 48th District, Chairman of the Committee on Agriculture and Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources has had under consideration the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 63. Do Not Pass.
Respectfully submitted,
Doster of 48th District, Chairman.
Mr. Culpepper of the 7th District, Chairman of the Committee on Government Operations, submitted the following report:
Mr. President:
Your Committee on Government Operations has had under consideration 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 94. Do Pass.
Respectfully submitted,
Culpepper of 7th District, Chairman.
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165
Mr. 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 and resolution of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 647. Do Pass.
HB 648. Do Pass.
HR 274. Do Pass.
Respectfully submitted,
Holt of 54th District, Chairman.
Mr. 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:
HR 77. Do Pass.
HB 656. Do Pass.
HB 655. Do Pass, as Amended.
HB 650. Do Pass, as Amended.
HB 652. Do Pass.
HR 270. Do Pass.
HB 653. Do Pass.
SR 95. Do Pass.
HR 46. Do Pass.
Respectfully submitted,
Vaughn of 34th District, Secretary.
The following resolutions were introduced, read and adopted:
SR 97. By Senator Brown of the 52nd:
A resolution congratulating Hon. Wallace 0. DuVall; and for other purposes.
SR 98. By Senator Ramsey of the 1st: A resolution urging the National Government to fully utilize the facilities of Hunter Air Force Base and Fort Stewart; and for other purposes.
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JOURNAL OF THE SENATE,
Senator Brown of the 52nd asked unanimous consent for the introduction and first reading of two Senate bills which were overlooked yesterday.
The consent was granted and the following bills were introduced, read the first time and referred to committees:
SB 180. By Senators Brown of the 52nd; Adams of the 22nd; Culpepper of the 7th; and Vaughn of the 34th:
A bill relating to indictments against certain County Officials and their right to appear before the grand jury as witnesses; and for other purposes.
Referred to Committee on Judiciary.
SB 181. By Senators Brown of the 52nd: Culpepper of the 7th; Adams of the 22nd, and Vaughn of the 34th:
A bill removing the rights of State Officials as provided in Code Section 89-9908.
Referred to Committee on Judiciary.
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 723. By Messrs. Ballard of Newton, Boggs of Madison, and many others:
A bill to amend an act enttiled an act to provide that candidates for the General Assembly may run in a county or State primary, to repeal conflicting laws; and for other purposes.
HB 654. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to authorize the Governor to make temporary transfer of State Institutions; and for other purposes.
The report 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 general bills and resolutions, favorably reported by the committees, were read the third time and put upon their passage:
SR 94. By Senators Marshall of the 28th, Culpepper of the 7th, Sanders of the 18th and many others: A resolution authorizing and directing the Board of Regents of the
THURSDAY, JANUARY 28, 1960
167
University of Georgia to transfer certain lands in Putnam County to the State Board of Corrections; and for other purposes.
The report of the committee, which was favorable to the adoption of the reslution, 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.
SB 145. By Senator Greer of the 6th:
A bill to amend act No. 318 approved March 18, 1933, (Ga. Laws 1933, pp. 7-12) and entitled an act to simplify the operations of the Executive Branch of the State Government, to create a State Board of Health, to define its powers, duties and functions; and for other purposes.
The report 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 162. By Senator Carlisle of the 51st:
A bill to repeal an act approved March 25, 1958 (Ga. Laws 1958, p. 379), relating to the recording of judgments, decrees and orders in respect to their effect upon title to real property; 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 628. By Messrs. Phillips, McKenna and Thornton of Bibb:
A bill to amend an act known as the "Juvenile Court Act", to provide for judges pro tempore of the juvenile courts; and for other purposes.
The report 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.
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JOURNAL OF THE SENATE,
HB 615. By Messrs. Blalock and Lee of Clayton:
A bill to amend an act creating the Clayton Judicial Circuit, to change compensation of the solicitor general; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 610. By Mr. Ellis of Henry:
A bill to amend an act relating to notice of application for order to sell and reinvest the estate of a ward; and for other purposes.
Senator Vaughn of the 34th offered the following amendment:
Amend HB 610, section 1, by inserting after the word "Gracewood" wherever said word shall appear in said section the words "or if such ward resides outside of the territorial limits of the State of Georgia."
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, was agreed to as amended.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 168. By Senator Sanders of the 18th:
A bill to amend an act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present corporation laws of the State, approved January 28, 1938 (Ga. Laws 1937-38, Extra Sess., p. 214), as amended, so as to provide for a procedure to be followed when foreign corporations merge or consolidate into Georgia corporations and when Georgia corporations merge or consolidate into foreign corporations; to ratify previous mergers; 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill was introduced, read the first time and referred to committee:
THURSDAY, JANUARY 28, 1960
169
HB 723. By Messrs. Ballard of Newton, Boggs of Madison and many others:
A bill to amend an act entitled an act to provide that candidates for the General Assembly may run in a county or state primary, to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
Senator Ramsey of the 1st, 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 of Representatives:
SB 136.
SB 159.
SB 160.
SB 163.
SR 89.
SR 91.
Respectfully submitted,
Ramsey of the 1st District, Chairman.
HB 652. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to consolidate the State Hospital Advisory Committee and the Hospital Care Council; and for other purposes.
Senator Culpepper of the 7th offered the following amendment:
Amend HB 652 by striking section 3 in its entirety and substituting in lieu thereof the following:
"There shall be established a Hospital Advisory Council for Construction, Licensure and Indigent Care to advise with the State Board of Health relative to policies, procedures, rules, regulations and standards adopted and promulgated by said State Board of Health pursuant to the provisions of said Act of February 1, 1946 (Ga. Laws 1946, p. 34) and said Act of March 13, 1957 (Ga. Laws 1957, p. 470), as amended. The membership of said Advisory Council shall consist of three members appointed by the Governor from the State-at-large representing consumers of Hospital Services; three physicians appointed by the Medical Association of Georgia; two hospital administrators appointed by the Georgia Hospital Association; one hospital trustee appointed by the Georgia Association of Hospital Governing Boards; one dentist appointed by the Georgia Dental Association; one nurse appointed by the Georgia Nursing Association; one county commissioner appointed by the
170
JOURNAL OF THE SENATE,
Association County Commissioners of Georgia; the Attorney General, ex-officio; the State Auditor, ex-officio; the Director of the Department of Public Welfare, ex-officio; and the Director of the Vocational Rehabilitation Division of the State Department of Education, ex-officio. If any of the above associations fails or ceases to function, then the Governor shall appoint representatives from such group or groups. When such appointments are first made, four of the non-ex-officio members of said Advisory Council shall be appointed to terms of two years each, four for three years each, and four for four years each, to be determined by lot. After the expiration of the first appointments, all appointments shall be made for terms of four years. The term of any ex-officio member shall expire with his term of office and his successor in office shall succeed him as a member of said Advisory Council. An exofficio member may designate a deputy to serve in his place as a
member of said Council, and he shall be subject to the same duties and responsibilities as would be imposed upon the ex-officio member. Vacancies in the membership of said Council shall be filled in the same manner as the original appointments. The council shall select one of the members to serve as Chairman and one of its members to serve as Vice Chairman. The council shall meet at the call of the Chairman or upon written request of any seven members, and seven members shall constitute a quorum for the transaction of business. The Council is authorized to adopt such by-laws, rules and regulations as it may deem necessary for the proper conduct of its proceedings in the carrying out of its duties. The Director of the State Department of Public Health shall furnish
the necessary clerical assistance from among the employees of the Department of Public Health as may be required by the
Council."
On the adoption of the amendment, the ayes were 30, nays 0.
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 653. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend the "University System Building Authority Act" to change limitations on the issuance of revenue bonds, 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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171
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 Monday morning.
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JOURNAL OF THE SENATE,
Senate Chamber, Atlanta, Georgia, Monday, February 1, 1960.
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. Jon A. Pirtle, Peachtree Baptist Church, Atlanta, 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 read and found correct.
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
Senator Culpepper of the 7th 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 bill of the Senate to-wit:
SB 133. By Senators Roper of 19th, Redwine of 26th, Skelton of 30th, and others:
A bill to amend code section 93-208 pertaining to the salaries of the members of the Georgia Public Service Commission and acts amendatory thereof so as to provide for a salary of $16,000 per annum; to repeal conflicting laws; 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 and Senate, to-wit:
MONDAY, FEBRUARY 1, 1960
173
HB 639. By Mr. Hollis of Muscogee:
A bill to amend an act relating to voting by mail, and the use of voting machines; and for other purposes.
HB 677. By Messrs. Bostick and Branch of Tift:
A bill to amend the charter of the City of Tifton, to provide compensation for the commissioners; and for other purposes.
HB 678. By Mr. Baughman of Early:
A bill to create and incorporate the City of Blakely in lieu of the Town of Blakely; and for other purposes.
HB 683. By Messrs. Gowen of Glynn and Musgrove of Clinch:
A bill creating the Jekyll Island State Park Authority, to revise the Revenue Anticipation Certificate and Bond provisions, the method, procedure, and authority for issuing same; and for other purposes.
HB 685. By Messrs. Andrews and Williams of Hall:
A bill to authorize the governing authority of Hall County to supplement salary of Judge of the Superior Court within the Northeastern Circuit; and for other purposes.
HB 690. By Mr. Musgrove of Clinch:
A bill to prohibit the use of certain language over the telephone, to prohibit use of tlje telephone for certain purposes; and for other purposes.
HB 640. By Mr. Boggs of Madison:
A bill to provide authority for the City of Colbert, through governing authority to close a certain portion of an alley for street purposes; and for other purposes.
HB 662. By Mr. Deen of Bacon:
A bill to amend an act creating a new charter for the City of Alma, to change the corporate limits; and for other purposes.
HB 663. By Mr. Parker of Screven:
A bill to provide that the Ordinary of Screven County be placed on a salary basis in lieu of a fee basis; and for other purposes.
HB 666. By Mr. Parker of Screven:
A bill to abolish the offices of Tax Collector of Screven County and consolidate said offices into the office of Tax Commissioner; and for other purposes.
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JOURNAL OF THE SENATE,
HB 670. By Mr. Parker of Screven:
A bill to provide that the Clerk of the Superior Court of Screven County be placed on a salary basis in lieu of a fee basis; and for other purposes.
HB 674. By Mr. Parker of Screven:
A bill to provide that the Sheriff of Screven County be placed on a salary basis in lieu of a fee basis; and for other purposes.
HB 675. By Mr. Kimmons of Pierce:
A bill to amend an act consolidating and renewing the charter of the Town of Patterson, to change the name to City of Patterson; and for other purposes.
HB 715. By Messrs. McKenna, Phillips and Thornton of Bibb and many others:
A bill providing for the registration of voters, relating to the Voter's Registration Act, to provide duties and authority of Board of Registrars in certain counties; and for other purposes.
HB 706. By Mr. Bynum of Rabun:
A bill to grant a new charter to the City of Clayton, to define corporate limits, to provide for a Mayor and Council, to provide for elections; and for other purposes.
HB 729. By Mr. Lott of Berrien: A bill to incorporate the City of Ray City; and for other purposes.
HB 759. By Messrs. Reed, Willingham and Holcombe of Cobb:
A bill to create a new charter for the City of Smyrna, so as to increase the corporate limits; and for other purposes.
HB 757. Messrs. Keever and Bradley of Bartow, Coalson and McCown of Polk:
A bill to amend an act creating and establishing a new charter for the Town of Taylorsville, to abolish the election required for approval of contracts for certain utility services; and for other purposes.
HB 754. By Messrs. Kidd and Chandler of Baldwin:
A bill to provide that in all of this State having population between 29,000 and 30,250, holding primary for nomination of candidate for office shall declare person receiving the plurality of votes as the nominee; and for other purposes.
HB 750. By Mr. Strickland of Evans:
A bill to amend an act creating a new charter for the City of Claxton; and for other purposes.
MONDAY, FEBRUARY 1, 1960
175
HB 749. By Messrs. Killian of Glynn and Melton of Spalding:
A bill imposing statutory civil penalty upon a seller of obscene books and magazines; to provide who may recover and method of recovery; and for other purposes.
HB 748. By Mr. Watson of Houston:
A bill to provide for the holding of four terms of the Superior Court of Houston County; and for other purposes.
HB 739. By Messrs. McClelland, Brooks, and Smith of Fulton, and others:
A bill to amend an act to provide a pension for members of the Police Departments in cities having a population of 150,000 or more; and for other purposes.
HB 738. By Messrs. McClelland, Brooks and Smith of Fulton and others:
A bill to amend an act to establish a new charter for the City of Atlanta relating to retirement for members of the Fire Department; and for other purposes.
HB 760. By Messrs. McCown and Coalson of Polk:
A bill to authorize certain counties to establish and maintain a law library for the use of Judges, Solicitors and other officers of the courts; and for other purposes.
HB 763. By Mr. Steis of Harris:
A bill to amend an act incorporating the Town of Waverly Hall, to provide for the levy and collection of an additional tax not to exceed one mill for the purpose of providing fire protection; and for other purposes.
HB 766. By Mr. Smith of Lamar:
A bill to change the compensation of the Sheriff, the Ordinary and the Clerk of Superior Court of Lamar County from the fee to the salary system; and for other purposes.
HB 769. By Messrs. Twitty and Palmer of Mitchell:
A bill to amend an act creating a new charter for the City of Camilla; so as to change the corporate limits; and for other purposes.
HB 770. By Messrs. Smith and Winkle of Whitfield:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of the County of Whitfield; change method of appointment of Advisory Board; and for other purposes.
HB 771. By Mr. Tamplin of Morgan:
A bill to change the compensation of the Sheriff, Clerk of the Superior Court, Ordinary, Tax Collector and Tax Receiver of Morgan County from a fee to a salary system; and for other purposes.
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JOURNAL OF THE SENATE,
HB 777. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act to establish the Criminal Court of Atlanta, to increase salary of the First Assistant Solicitor General and each of the Assistant solicitors general of the Criminal Court of Fulton County; and for other purposes.
HB 780. By Mr. Singer of Stewart:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of the County of Stewart, so as to change the amount of compensation paid to the Commissioner; and for other purposes.
HB 808. By Messrs. Loggins and Floyd of Chattooga:
A bill to amend the Charter of the City of Summerville, to close a portion of Short Street, to transfer public right therein; and for other purposes.
HB 806. By Mr. Brackin of Seminole:
A bill to amend an Act creating a new charter for the City of Donalsonville, to provide for Board of Tax Assessors, Mayor and Council; and for other purposes.
HB 801. By Messrs. Fleming, Fuqua and Edwards of Richmond:
A bill to amend an act to change from a fee to a salary system in certain counties, the salary of the Sheriff, the Ordinary; the Tax Commissioner, Deputy Sheriffs and Assistants; and for other purposes.
HB 797. By Messrs. Matthews and Cox of Clarke:
A bill to amend the Charter of the Town of Athens, appearance of any defendant in the Recorder's Court for the City of Athens; and for other purposes.
HB 795. By Messrs. Matthews and Cox of Clarke:
A bill to amend the charter of the Town of Athens, so as to extend the terms of office of the mayor and aldermen; and for other purposes
HB 794. By Messrs. Matthews and Cox of Clarke:
A bill to amend an act, so as to provide that the Mayor and Council of the City of Athens shall be empowered to levy and collect for the ordinary current expense of said municipal corporation; and for other purposes.
HB 787. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill to authorize a stenographer to be present with the Grand Jury while witnesses are being examined in certain counties; and for other purposes.
MONDAY, FEBRUARY 1, 1960
177
HB 781. By Mr. Singer of Stewart:
A bill to amend an act creating a new charter for the Town of Lumpkin, so as to change the corporate limits; and for other purposes.
HB 809. By Messrs. Floyd and Loggins of Chattooga:
A bill to amend the charter of the City of Summerville, to close unopened portion of County Road between Highland Avenue and North Commerce Street, to transfer public right; and for other purposes.
HB 810. By Messrs. Floyd and Loggins of Chattooga:
A bill to amend an act amending the Charter of the City of Summerville, to close the unopened portion of Smith Street between Bellah Avenue and Edmondson Street; and for other purposes.
HB 811. By Messrs. Floyd and Loggins of Chattooga:
A bill to amend an act amending the Charter of the City of Summerville, to close the unopened portion of Third Street between Highland Avenue and Henderson Street; and for other purposes.
HB 812. By Messrs. Smith and Winkle of Whitfield:
A bill incorporating the City of Dalton, to close Brooks Alley, a portion of Gaston Street (Mary Street), Thornton Alley and Ken Alley, the conveyance of said streets and alleys to abutting property owners; and for other purposes.
HB 813. By Mr. Bozeman of Thomas:
A bill to create a body corporate and politic of the City of Thomasville to be known as the Thomasville Payroll Development Authority; and for other purposes.
HB 814. By Mr. Dorminy of Ben Hill:
A bill to amend an act relating to the Charter of the City of Fitzgerald; and for other purposes.
HB 815. By Mr. Watson of Houston:
A bill to amend an act creating a Board of County Commissioners for the County of Houston; and for other purposes.
HR 356. By Mr. Tamplin of Morgan:
A resolution authorizing and directing the State Librarian to furnish to the Clerk of the Superior Court of Morgan County certain law books.
HB 852. By Messrs. Story and Morgan of Gwinnett:
A bill creating charter for the City of Lawrenceville, to provide that the Mayor and Council shall not be authorized to sell or lease any public utility system of the City unless a majority of the voters approved such sale; and for other purposes.
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JOURNAL OP THE SENATE,
HB 849. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to amend an act creating the Chatham County Pension Board; and for other purposes.
HB 824. By Messrs. Alien and Fordham of Bulloch:
A bill to change the compensation of the Sheriff of Bulloch County from the fee system to salary basis; and for other purposes.
HB 823. By Messrs. Alien and Pordham of Bulloch:
A bill to amend an act relating to the offices of Tax Collector and Tax Receiver of Bulloch County; and for other purposes.
HB 822. By Messrs. Alien and Pordham of Bulloch:
A bill to provide that the Ordinary of Bulloch County be placed on a salary basis in lieu of fee basis; and for other purposes.
HB 821. By Messrs. Alien and Fordham of Bulloch:
A bill to amend an act creating Board of Commissioners of Roads and Revenues for Bulloch County, to change compensation of chairman and clerk; and for other purposes.
HB 816. By Mr. Watson of Houston:
A bill to abolish the offices of tax receiver and tax collector of Houston County and consolidate into office of tax commissioner, of Houston County; and for other purposes.
HB 689. By Mr. Musgrove of Clinch:
A bill to provide that any person failing to relinquish telephone party line to another in an emergency, shall be guilty and punished as for a misdemeanor; and for other purposes.
HB 711. By Messrs. Chance of Twiggs and Rowland of Johnson:
A bill to amend act relating to the pay of a member of General Assembly who dies during a session or afterwards without receiving his entire pay; and for other purposes.
HR 316. By Mr. Sheffield of Brooks:
A resolution proposing an amendment to the Constitution so as to create the Brooks County Development Authority; and for other purposes.
HR 318. By Messrs. Sheffield of Brooks, Matthews of Colquitt, and others:
A resolution proposing an amendment to the Constitution to change provisions relating to terms of members of the General Assembly; and for other purposes.
MONDAY, FEBRUARY 1, 1960
179
HR 321. By Mr. Miller of Elbert:
A resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Elbert County; and for other purposes.
HR 323. By Mr. Jones of Wayne:
A resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Wayne County; and for other purposes.
HR 325. By Messrs. Bostick and Branch of Tift:
A resolution proposing an amendment to the Constitution so as to create the Tift County Development Authority; and for other purposes.
HR 324. By Messrs. Reed, Willingham and Holcombe of Cobb:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a zoning and planning Commission for the unincorporated area of Cobb County; 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 and Senate to-wit:
SR 79. By Senator Vaughn of 34th:
A Resolution proposing an amendment to the Constitution so as to increase the debt limitation of Rockdale County; and for other purposes.
SR 80. By Senator Vaughn of 34th:
A resolution proposing an amendment to the Constitution so as to authorize the licensing and regulation of businesses in the unincorporated areas of Rockdale County; and for other purposes.
HR 284. By Mr. Tamplin of Morgan:
A resolution proposing amendment to the Constitution for Morgan County to levy tax on all taxable property to promote industries in said county; and for other purposes.
HR 285. By Mr. Tamplin of Morgan:
A resolution proposing an amendment to the Constitution to empower Board of Commissioners of Roads and Revenues of Morgan County to assess license fees and taxes for businesses; and for other purposes.
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JOURNAL OF THE SENATE,
HR 286. By Messrs. Walker and Budd of Lowndes:
A resolution proposing an amendment to the Constitution to authorize the Board of Education of Lowndes County to borrw funds and pledge certain building funds for payment thereof; and for other purposes.
HB 659. By Messrs. Hall of Floyd, Irvin of Habersham, and others:
A bill to amend an act relating to the compensation of the State Superintendent of Schools; and for other purposes.
HB 660. By Messrs. Hall of Floyd, Irvin of Habersham, and others:
A bill to amend an act providing for a uniform method of fixing salaries, allowances and travel expenses of certain State Officials; and for other purposes.
HB 681. By Messrs. Hall of Floyd, Tamplin of Morgan, and many others:
A bill to amend code section 5-105 relating to the compensation of the Commissioner of Agriculture; and for other purposes.
The House has adopted the following resolutions of the House and Senate, to-wit:
HR 297. By Messrs. Floyd of Chattooga and Ingle of Gordon:
A resolution petitioning the Congress of the United States to give favorable consideration to legislation providing benefits for veterans of World War I; and for other purposes.
HR 299. By Messrs. Bolton of Spalding, Steis of Harris and Hale of Bade:
A resolution creating a committee to study methods for financing additional services; and for other purposes.
HR 305. By Messrs. Paris of Barrow, Odom of Dougherty, and many others:
A resolution endorsing and supporting Governor Vandiver's recommendations pertaining to the ports of Georgia as contained in his 1960 State of the State address; and for other purposes.
HR 313. By Messrs. Huddleston of Fayette, Floyd of Chattooga, and others:
A joint resolution memorializing the Congress of the United States to
extend education benefits to veterans of the armed forces who entered
i
or who enter the service subsequent to February 1, 1955.
HR 314. By Messrs. Floyd of Chattooga, Ingle of Gordon, Loggins of Floyd, and others:
A resolution requesting Congress to make funds available for the construction of a Veterans Hospital in the Atlanta Area; and for other purposes.
MONDAY, FEBRUARY 1, 1960
181
HR 361. By Messrs. Smith of Emanuel, Matthews and Cox of Clarke, and others:
A resolution commending Harry B. O'Rear, M.D., acting President of the Medical College of Georgia.
HR 362. By Messrs. Mackay, Rutland and McWhorter of DeKalb: A resolution commending the Order of DeMolay and for other purposes.
HR 370. By Messrs. Twitty of Mitchell and Alien of Bulloch:
A resolution creating a committee to study legislation relative to osteopaths; and for other purposes.
HR 333. By Messrs. Andrews and Williams of Hall:
A resolution proposing an amendment to the Constitution to provide for establishment of fire prevention districts in Hall County; and for other purposes.
HR 334. By Messrs. Andrews and Williams of Hall:
A resolution proposing an amendment to the Constitution to provide for the election of members of the Board of Education of Hall County; and for other purposes.
HR 335. By Messrs. Cox and Matthews of Clarke:
A resolution proposing an amendment to the Constitution so as to provide for paving of streets in Clarke County, and to authorize the cost thereof; and for other purposes.
HR 336. By Messrs. Cox and Matthews of Clarke:
A resolution proposing an amendment to the Constitution to authorize the Board of Commissioners of Roads and Revenues of Clarke County to build and operate street lights and storm sewers; and for other purposes.
HR 337. By Messrs. Cox and Matthews of Clarke:
A resolution proposing an amendment to the Constitution to authorize Clarke County to issue building permits, to charge fees therefor and to establish a building code; and for other purposes.
HR 338. By Messrs. Cox and Matthews of Clarke:
A resolution proposing an amendment to the Constitution to empower the Board of Commissioners of Roads and Revenues to assess and collect license fees of businesses; and for other purposes.
HR 339. By Messrs. Cox and Matthews of Clarke:
A resolution proposing an amendment to the Constitution to authorize the General Assembly to empower the Commissioners of Roads and Revenues to enact ordinances for policing said county; and for other purposes.
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HR 369. By Messrs. Busbee of Dougherty:
A resolution to create the General Assembly Committee on Schools, to designate membership, define duties; and for other purposes.
HR 395. By Mr. Smith of Emanuel:
A resolution inviting Dr. Louie D. Newton to address a joint session of the House and Senate; and for other purposes.
HR 396. By Messrs. Carswell of Burke, Bagby of Paulding, and many others: A resolution urging passage by the General Assembly of the Billboard Control Act.
HR 397. By Messrs. Twitty of Mitchell, Smith of Emanuel, and others: A resolution inviting Mrs. Iris F. Blitch to speak before a joint session of the Legislature at 11 o'clock A.M. on the 15th day of February, 1960.
HR 398. By Messrs. Matthews and Cox of Clarke:
A resolution relative to the 100th Anniversary of the University of Georgia School of Law; and for other purposes.
SR 81. By Senator Brown of the 52nd:
A resolution commending Honorable W. N. Copp; and for other purposes.
SR 87. By Senators Sanders of 18th and Culpepper of the 7th: A resolution requesting Congress to pass a proposed amendment to the United States Constitution relative to balancing the Federal budget; and for other purposes.
SR 88. By Senator Sanders of the 18th:
A resolution naming a spring in Richmond County in honor of Woodrow Wilson; and for other purposes.
SR 71. By Senator Woodall of the 25th: A resolution proposing an amendment to the Constitution so as to authorize the establishment of area schools, including vocational trade schools; and for other purposes.
SR 78. By Senators Sanders of 18th and Culpepper of the 7th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall have the power to establish an Industrial Development Commission; and for other purposes.
SB 128. By Senators Culpepper of 7th and Sanders of the 18th: A bill to be entitled an act to provide for a sound program of sell-
MONDAY, FEBRUARY 1, 1960
183
insurance for the State of Georgia; to repeal conflicting laws; and for other purposes.
SB 132. By Senators Culpepper of 7th and Sanders of the 18th:
A bill to consolidate and revise statutes of the Merit System including (a) requirement for a quarterly reporting on number of employees, and (b) approval of the Budget Bureau for pay adjustments; to repeal conflicting laws; and for other purposes.
The House has also passed the following Senate bill as amended, to-wit:
SB 134. By Senators Culpepper of 7th and Sanders of the 18th:
A bill to abolish the Social Security Board and create a State Welfare Advisory Board; and for other purposes.
SB 135. By Senator Woodall of the 25th:
A bill to amend the act incorporating the Town of Woodland, in the County of Talbot, to change the name of said town of Woodland to City of Woodland, to repeal conflicting laws; and for other purposes.
SB 148. By Senator Vaughn of the 34th:
A bill to amend an act chartering the City of Conyers, to provide for a commission form of government composed of three commissioners and a City Manager in lieu of the present form of government by Mayor and Council; and for other purposes.
SB 149. By Senator Vaughn of the 34th:
A bill to amend an act creating the office of Tax Commissioner of Rockdale County, to change the amount authorized for clerical help; 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 bill of the House to wit:
HB 712. By Messrs. Fuqua of Richmond; Walker of Lowndes; Twitty of Mitchell, and others:
A bill to amend Article I of the Banking Law of Georgia; to provide for the establishment and operation of bank offices and bank facilities; and for other purposes.
The following bills and resolutions were introduced, read the first time and referred to committees:
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JOURNAL OF THE SENATE,
SB 182. By Senators Clary of the 29th; Adams of the 22nd; and Watson of the 36th:
A bill providing for further exclusions from the provisions of State Employees Retirement System relating to service in armed forces; and for other purposes.
Referred to Committee on Rules.
SB 183. By Senator Skelton of the 30th:
A bill changing the salary of the Commissioners of Roads and Revenues for Hart County, Georgia; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 184. By Senators Jernigan of the 5th; Smith of the 4th; Marshburn of the 33rd; Mobley of the 17th; Roach of the 39th; Watson of the 36th; Mercer of the 49th; and Woodall of the 25th:
A bill to provide that tax funds of Georgia may be used or applied on any prior service of credit allowed while teaching outside of Georgia; and for other purposes.
Referred to Committee on Educational Matters.
SB 185. By Senator Dykes of the 2nd: A bill increasing the number of Commissioners of Roads and Revenue for Liberty County, Georgia; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 186. By Senator Dykes of the 2nd: A bill changing compensation of full time Deputy Sheriffs of Liberty County, Georgia; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 187. By Senator Greer of the 6th: A bill regulating the use of public roads and highways of this State so as to provide for unloading of said vehicle where in excess of the dimensions, length and weight provision; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
SB 188. By Senator Greer of the 6th: A bill regulating the use of the public roads and highways of this State by providing for penalties for the violation of same; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
SB 189. By Senator Greer of the 6th: A bill regulating and providing for dimensions, length and weights of motor vehicles so as to provide that one-half of all fines and penalties
MONDAY, FEBRUARY 1, 1960
185
collected shall be paid to the Treasurer of the State Highway Department; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
SR 99. By Senators Sanders of the 18th and Greer of the 6th:
A resolution ratifying lease agreement between the Western & Atlantic Railroad Commission and City Center, Inc.; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
SR 100. By Senators Clary of the 29th; Smith of the 4th; Mercer of the 49th; Watson of the 36th; Marshburn of the 33rd; Home of the 13th; and Slade of the 14th:
A resolution creating a committee for the purpose of studying Civil Defense structures; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.
SR 101. By Senator Brown of the 52nd:
A resolution providing that certain drivers licenses for residents in the military forces returning on furloughs were not required.
Referred to Committee on Government Operations.
HB 639. By Mr. Hollis of Muscogee:
A bill to amend an act relating to voting by mail, and the use of voting machines; and for other purposes.
Referred to Committee on Rules.
HB 640. By Mr. Boggs of Madison:
A bill to provide authority for the city of Colbert, through governing authority to close a certain portion of an alley for street purposes; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 659. By Messrs. Hall of Floyd, Irvin of Habersham and others:
A bill to amend an act relating to the compensation of the State Superintendent of Schools; and for other purposes.
Referred to Committee on Educational Matters.
HB 660. By Messrs. Hall of Floyd, Irvin of Habersham and others:
A bill to amend an act providing for a uniform method of fixing salaries, allowances and travel expenses of certain state officials; and for other purposes.
Referred to Committee on Government Operations.
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JOURNAL OF THE SENATE,
HB 662. By Mr. Deen of Bacon:
A bill to amend an act creating a new charter for the City of Alma, to change the corporate limits; and for other purposes.
Eeferred to Committee on County and Municipal Governments.
HB 663. By Mr. Parker of Screven:
A bill to provide that the Ordinary of Screven County be placed on a salary basis in lieu of a fee basis; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 666. By Mr. Parker of Screven:
A bill to abolish the offices of Tax Collector of Screven County and consolidate said offices into the office of Tax Commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 670. By Mr. Parker of Screven:
A bill to provide that the Sheriff of Screven County be placed on a salary basis in lieu of a fee basis; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 674. By Mr. Parker of Screven:
A bill to provide that the Sheriff of Screven County be placed on a salary basis in lieu of a fee basis; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 675. By Mr. Kimmons of Pierce:
A bill to amend an act consolidating and renewing the charter of the Town of Patter son, to change the name to City of Patter son; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 677. By Messrs. Bostick and Branch of Tift:
A bill to amend the charter of the City of Tifton, to provide compensation for the commissioners; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 678. By Mr. Baughman of Early:
A bill to create and incorporate the City of Blakely in lieu of the Town of Blakely; and for other purposes.
Referred to Committee on County and Municipal Governments.
MONDAY, FEBRUARY 1, 1960
187
HB 681. By Messrs. Hall of Ployd, Tamplin of Morgan and many others:
A bill to amend code section 5-105 relating to the compensation of the Commissioner of Agriculture; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 683. By Messrs. Gowen of Glynn and Musgrove of Clinch:
A bill creating the Jekyll Island State Park Authority, to revise the Revenue Anticipation Certificate and Bond provisions, the method, procedure, and authority for issuing same; and for other purposes.
Referred to Committee on Rules.
HB 685. By Messrs. Andrews and Williams of Hall:
A bill to authorize the governing authority of Hall County to supplement salary of judge of the superior court within the Northeastern Circuit; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 689. By Mr. Musgrove of Clinch:
A bill to provide that any person failing to relinquish telephone party line to another in an emergency, shall be guilty and punished as for a misdemeanor; and for other purposes.
Referred to Committee on Judiciary.
HB 690. By Mr. Musgrove of Clinch:
A bill to prohibit the use of certain language over the telephone, to prohibit use of the telephone for certain purposes; and for other purposes.
Referred to Committee on Judiciary.
HB 706. By Mr. Bynum of Rabun:
A bill to grant a new charter to the City of Clayton, to define corporate limits, to provide for a Mayor and Council, to provide for elections; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 711. By Messrs. Chance of Twiggs and Rowland of Johnson:
A bill to amend an act relating to the pay of a member of General Assembly who dies during a session or afterwards without receiving his entire pay; and for other purposes.
Referred to Committee on Rules.
HB 715. By Messrs. McKenna, Phillips and Thornton of Bibb and many others: A bill providing for the registration of voters, relating to the Voters
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JOURNAL OF THE SENATE,
Registration Act, to provide duties and authority of Board of Registrars in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 729. By Mr. Lott of Berrien: A bill to incorporate the City of Ray City; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 738. By Messrs. McClelland, Brooks and Smith of Fulton and others:
A bill to amend an act to establish a new charter for the City of Atlanta relating to retirement for members of the Fire Department; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 739. By Messrs. McClelland, Brooks and Smith of Fulton and others:
A bill to amend an act to provide a pension for members of the police Departments in cities having a population of 150,000 or more; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 748. By Mr. Watson of Houston:
A bill to be entitled an act to provide for the holding of four terms of the superior court of Houston County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 749. By Messrs. Killian of Glynn and Melton of Spalding:
A bill imposing statutory civil penalty upon a seller of obscene books and magazines; to provide who may recover and method of recovery; and for other purposes.
Referred to Committee on Government Operations.
HB 750. By Mr. Strickland of Evans: A bill to amend an act creating a new charter for the City of Claxton; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 754. By Messrs. Kidd and Chandler of Baldwin:
A bill to provide that in all of this state having population between 29,000 and 30,250, holding primary for nomination of candidate for office shall declare person receiving the plurality of votes as the nominee; and for other purposes.
Referred to Committee on County and Municipal Governments.
MONDAY, FEBRUARY 1, 1960
189
HB 757. By Messrs. Keever and Bradley of Bartow, Coalson and McCown of Polk:
A bill to amend an act creating and establishing a new charter for the Town of Taylorsville, to abolish the election required for approval of contracts for certain utility services; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 759. By Messrs. Reed, Willingham and Holcombe of Cobb:
A bill to create a new charter for the City of Smyrna, so as to increase the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 760. By Messrs. McCown and Coalson of Polk:
A bill to authorize certain counties to establish and maintain a law library for the use of the judges, solicitors and other officers of the courts; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 763. By Mr. Steis of Harris:
A bill to amend an act incorporating the Town of Waverly Hall, to provide for the levy and collection of an additional tax not to exceed one mill for the purpose of providing fire protection; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 766. By Mr. Smith of Lamar:
A bill to change the compensation of the sheriff, the ordinary and the clerk of the superior court of Lamar County from the fee to the salary system; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 769. By Messrs. Twitty and Palmer of Mitchell:
A bill to amend an act creating a new charter for the City of Camilla; so as to change the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 770. By Messrs. Smith and Winkle of Whitfield:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of the County of Whitfield; change method of appointment of Advisory Board; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 771. By Mr. Tamplin of Morgan: A bill to change the compensation of the sheriff, clerk of the superior
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JOURNAL OF THE SENATE,
court, ordinary, tax collector and tax receiver of Morgan County from a fee to a salary system; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 777. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act to establish the Criminal Court of Atlanta, to increase salary of the First Assistant Solicitor General and each of the assistant solicitors general of the Criminal Court of Fulton County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 780. By Mr. Singer of Stewart:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of the County of Stewart, so as to change the amount of compensation paid to the Commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 781. By Mr. Singer of Stewart:
A bill to amend an act creating a new charter for the Town of Lumpkin, so as to change the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 787. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill to authorize a stenographer to be present with the Grand Jury while witnesses are being examined in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 794. By Messrs. Matthews and Cox of Clarke:
A bill to amend an act, so as to provide that the mayor and council of the City of Athens shall be empowered to levy and collect for the ordinary current expense of said municipal corporation; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 795. By Messrs. Matthews and Cox of Clarke:
A bill to amend the charter of the Town of Athens, so as to extend the terms of office of the mayor and aldermen; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 797. By Messrs. Matthews and Cox of Clarke:
A bill to amend the charter of the Town of Athens, appearance of any defendant in the Recorder's Court for the City of Athens; and for other purposes.
Referred to Committee on County and Municipal Governments.
MONDAY, FEBRUARY 1, 1960
191
HB 801. By Messrs. Fleming, Fuqua and Edwards of Richmond:
A bill to amend an act to change from a fee to a salary system in certain counties, the salary of the sheriff, the ordinary, the tax commissioner, deputy sheriffs and assistants; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 806. By Mr. Brackin of Seminole:
A bill to amend an act creating a new charter for the City of Donalsonville, to provide for Board of Tax Assessors, Mayor and Council; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 808. By Messrs. Loggins and Floyd of Chattooga:
A bill to amend the charter of the City of Summerville, to close a portion of Short Street, to transfer public right therein; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 809. By Messrs. Floyd and Loggins of Chattooga:
A bill to amend the charter of the City of Summerville, to close unopened portion of County Road between Highland Avenue and North Commerce Street, to transfer public right; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 810. By Messrs. Floyd and Loggins of Chattooga:
A bill to amend an act amending the charter of the City of Summerville, to close the unopened portion of Smith Street between Bellah Avenue and Edmondson Street; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 811. By Messrs. Floyd and Loggins of Chattooga:
A bill to amend an act amending the charter of the City of Summerville, to close the unopened portion of Third Street between Highland Avenue and Henderson Street; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 812. By Messrs. Smith and Winkle of Whitfield:
A bill incorporating the City of Dalton, to close Brooks Alley, a portion of Gaston Street (Mary Street), Thornton Alley and Ken Alley, the conveyance of said streets and alleys to abutting property owners; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 813. By Mr. Bozeman of Thomas:
A bill to create a body corporate and politic of the City of Thomasville
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JOURNAL OF THE SENATE,
to be known as the Thomasville Payroll Development Authority; and for other purposes. Referred to Committee on County and Municipal Governments.
HB 814. By Mr. Dorminy of Ben Hill: A bill to amend an act relating to the charter of the City of Fitzgerald; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 815. By Mr. Watson of Houston:
A bill to amend an act creating a Board of County Commissioners for the County of Houston; and for other purposes. Referred to Committee on County and Municipal Governments.
HB 816. By Mr. Watson of Houston: A bill to abolish the offices of tax receiver and tax collector of Houston County and consolidate into office of tax commissioner of Houston County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 821. By Messrs. Alien and Fordham of Bulloch:
A bill to amend an act creating Board of Commissioners of Roads and Revenues for Bulloch County, to change compensation of chairman and clerk; and for other purposes. Referred to Committee on County and Municipal Governments.
HB 822. By Messrs. Alien and Fordham of Bulloch:
A bill to provide that the Ordinary of Bulloch County be placed on a salary basis in lieu of fee basis; and for other purposes. Referred to Committee on County and Municipal Governments.
HB 823. By Messrs. Alien and Fordham of Bulloch:
A bill to amend an act relating to the offices of Tax Collector and Tax Receiver of Bulloch County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 824. By Messrs. Alien and Fordham of Bulloch: A bill to change the compensation of the Sheriff of Bulloch County from the fee system to salary basis; and for other purposes.
Referred to Committee on County and Municipal Governments. i
HB 849. By Messrs. Brennan, Cheatham and McGee of Chatham: A bill to amend an act creating the Chatham County Pension Board; and for other purposes.
Referred to Committee on County and Municipal Governments.
MONDAY, FEBRUARY 1, 1960
193
HB 852. By Messrs. Story and Morgan of Gwinnett:
A bill creating charter for the City of Lawrenceville, to provide that the mayor and council shall not be authorized to sell or lease any public utility system of the city unless a majority of the voters approved such sale; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 712. By Messrs. Puqua of Richmond, Walker of Lowndes, Twitty of Mitchell, and others:
A bill to amend article I of the Banking Law of Georgia; to provide for the establishment and operation of bank offices and bank facilities; and for other purposes.
Referred to Committee on Banking and Finance.
HR 284. By Mr. Tamplin of Morgan:
A resolution proposing an amendment to the Constitution for Morgan County to levy tax on all taxable property to promote industries in said county; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 285. By Mr. Tamplin of Morgan:
A resolution proposing an amendment to the Constitution to empower Board of Commissioners of Roads and Revenues of Morgan County to assess license fees and taxes for businesses; and for other purposes.
Referred to Committee on Rules.
HR 286. By Messrs. Walker and Budd of Lowndes:
A resolution proposing an amendment to the Constitution to authorize the Board of Education of Lowndes County to borrow funds and pledge certain building funds for payment thereof; and for other purposes.
Referred to Committee on Rules.
HR 316. By Mr. Sheffield of Brooks:
A resolution proposing an amendment to the Constitution to create the Brooks County Development Authority; and for other purposes.
Referred to Committee on Rules.
HR 318. By Messrs. Sheffield of Brooks, Matthews of Colquitt and others:
A resolution proposing an amendment to the Constitution to change provisions relating to terms of members of the General Assembly; and for other purposes.
Referred to Committee on Rules.
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JOURNAL OF THE SENATE,
HR 321. By Mr. Miller of Elbert:
A resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Elbert County; and for other purposes.
Referred to Committee on Rules.
HR 323. By Mr. Jones of Wayne:
A resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Wayne County; and for other purposes.
Referred to Committee on Rules.
HR 324. By Messrs. Reed, Willingham and Holcombe of Cobb:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a zoning and planning Commission for the unincorporated area of Cobb County; and for other purposes.
Referred to Committee on Rules.
HR 325. By Messrs. Bostick and Branch of Tift:
A resolution proposing an amendment to the Constitution so as to create the Tift County Development Authority; and for other purposes.
Referred to Committee on Rules.
HR 333. By Messrs. Andrews and Williams of Hall:
A resolution proposing an amendment to the Constitution to provide for establishment of fire prevention districts in Hall County; and for other purposes.
Referred to Committee on Rules.
HR 334. By Messrs. Andrews and Williams of Hall:
A resolution proposing an amendment to the Constitution to provide for the election of members of the Board of Education of Hall County; and for other purposes.
Referred to Committee on Rules.
HR 335. By Messrs. Cox and Matthews of Clarke:
A resolution proposing an amendment to the Constitution so as to provide for paving of streets in Clarke County, and to authorize the cost thereof; and for other purposes.
Referred to Committee on Rules.
HR 336. By Messrs. Cox and Matthews of Clarke: A resolution proposing an amendment to the Constitution to authorize
MONDAY, FEBRUARY 1, 1960
195
the Board of Commissioners of Roads and Revenues of Clarke County to build and operate street lights and storm sewers; and for other purposes.
Referred to Committee on Rules.
HR 337. By Messrs. Cox and Matthews of Clarke:
A resolution proposing an amendment to the Constitution to authorize Clarke County to issue building permits, to change fees therefor and to establish a building code; and for other purposes.
Referred to Committee on Rules.
HR 338. By Messrs. Cox and Matthews of Clarke:
A resolution proposing an amendment to the Constitution to empower the Board of Commissioners of Roads and Revenues to assess and collect license fees of businesses; and for other purposes.
Referred to Committee on Rules.
HR 339. By Messrs. Cox and Matthews of Clarke:
A resolution proposing an amendment to the Constitution to authorize the General Assembly to empower the Commissioners of Roads and Revenues to enact ordinances for policing said county; and for other purposes.
Referred to Committee on Rules.
HR 356. By Mr. Tamplin of Morgan:
A resolution authorizing and directing the State Librarian to furnish to the Clerk of the Superior Court of Morgan County certain law books; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 369. By Messrs. Busbee of Dougherty:
A resolution to create the General Assembly Committee on Schools, to designate membership, define duties; and for other purposes:
Referred to Committee on Educational Matters.
The following bills were read the second time:
SB 178. By Senator Ramsey of the 1st:
A bill authorizing County Commissioners of Chatham County, Georgia, to maintain a system or systems of fire departments; and for other purposes.
SB 179. By Senator Ramsey of the 1st: A bill to provide that County Commissioners and Ex-Officio Judges
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JOURNAL OF THE SENATE,
of Chatham County, Georgia, maintain a system or systems of water works; and for other purposes.
SB 180. By Senators Brown of the 52nd; Adams of the 22nd; Culpepper of the 7th; and Vaughn of the 34th:
A bill relating to indictments against certain County Officials and their right to appear before the grand jury as witnesses; and for other purposes.
SB 181. By Senators Brown of the 52nd; Culpepper of the 7th; Adams of the 22nd and Vaughn of the 34th:
A bill removing the rights of State Officials as provided in Code Section 89-9908.
HB 532. By Messrs. Ray of Warren and Twitty of Mitchell:
A bill to amend chapter 92-34 of the code of Georgia, relating to the imposition, assessment and collection of taxes; and for other purposes.
HB 593. By Messrs. Paris of Barrow, Odom of Dougherty and others:
A bill to amend an act known as the Georgia Ports Authority Act, to authorize the Governor, on behalf of the state, to convey certain property to Georgia Ports Authority; and for other purposes.
HB 627. By Messrs. McKenna and Phillips of Bibb:
A bill to provide a method of retraction of libelous statements made by newspapers which shall relieve such newspapers from punitive damages; and for other purposes.
HB 707. By Messrs. Fuqua of Richmond and Walker of Lowndes:
A bill to amend section 5 of Article III of the Banking Laws of Georgia, relating to fees to cover cost of examinations of banks, to increase the fees; and for other purposes.
HB 708. By Messrs. Fuqua of Richmond and Walker of Lowndes:
A bill to amend section 4 of article 1 of the Banking Laws of Georgia relating to regulation of private banks, to prohibit new private banks; and for other purposes.
HB 725. By Messrs. Summers of Crisp and Carr of Dooly:
A bill to amend an act effecting a complete revision of the laws relating to the qualifications and registration of voters; and for other purposes.
HB 734. By Messrs. Reed, Willingham and Holcombe of Cobb:
A bill to amend an act relating to duties of clerks of the Superior Courts, extending distance from courthouse for places at which records may be kept; and for other purposes.
MONDAY, FEBRUARY 1, 1960
197
HB 735. By Messrs. Holcombe, Willingham and Reed of Cobb:
A bill to add one additional judge to the Superior Court of Cobb Judicial Circuit; and for other purposes.
HR 322. By Messrs. Twitty of Mitchell, McCracken of Jefferson and others:
A resolution ratifying lease agreement between the Western and Atlantic Railroad Commission and City Center, Inc.; and for other purposes.
HB 723. By Messrs. Ballard of Newton, Boggs of Madison and many others:
A bill to amend an act entitled an act to provide that candidates for the General Assembly may run in a county or state primary; and for other purposes.
Mr. 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:
SB 172. Do Pass. HB 605. Do Pass.
HB 614. Do Pass.
HB 616. Do Pass.
HB 607. Do Pass.
HB 594. Do Pass.
HB 595. Do Pass.
HB 596. Do Pass.
Respectfully submitted,
Brown of 52nd District, Chairman.
Mr. Doster of the 48th District, Chairman of the Committee on Agriculture 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 Chairman, to report the same back to the Senate with the following recommendations:
HB 625. Do Pass.
HB 687. Do Pass.
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HB 693. Do Pass. HB 696. Do Pass.
Respectfully submitted,
Doster of 48th District, Chairman.
Mr. 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 House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 173. Do Pass.
HB 612. Do Pass.
Respectfully submitted,
Brooks of 23rd District, Chairman.
Mr. 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 bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 175. Do Pass.
Respectfully submitted,
Wright of 42nd District, Chairman.
The following local uncontested bills were read the third time and put upon their passage:
SB 172. By Senator Brown of the 52nd:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues of Fulton County, approved December 3, 1880 (Ga. Laws 1880, 81, p. 508), as amended, so as to provide for the election of the members of the Board of said County Commissioners in the event of a vacancy thereon; 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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199
HB 594. By Messrs. Kidd and Chandler of Baldwin:
A bill to amend an act creating a Board of Commissioners of Baldwin County, so as to change the election time for members 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 595. By Messrs. Kidd and Chandler of Baldwin: A bill to amend an act so as to authorize the board of County Commissioners of Baldwin County to designate county depository; and for other purposes.
The report 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 596. By Messrs. Kidd and Chandler of Baldwin: A bill to repeal an act providing .that in counties with population between 29,050 and 30,250 holding primary for county officers, require a majority vote for nominee; and for other purposes.
The report 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 605. By Mr. Been of Bacon:
A bill to amend the charter for the City of Alma, to authorize the city to operate system of lights without the city limits; and lor other purposes.
The report 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.
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HB 607. By Messrs. Andrews and Williams of Hall:
A bill to amend the charter of Gainesville, to increase amount of tax levied for school 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 614. By Messrs. Blalock and Lee of Clayton:
A bill to amend act consolidating the offices of Tax Receiver and Tax Collector of Clayton County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 616. By Messrs. Blalock and Lee of Clayton: A bill to amend the act creating the Board of Commissioners of Roads and Revenues of Clayton County, to change compensation of 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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill was taken up for the purpose of considering a House substitute thereto:
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.
The Committee on Local Affairs offered the following substitute to SB 99: By Senator Holton of the 46th: AN ACT To amend an Act creating the office of Commissioner of Roads and Revenues in the County of Coffee, approved March 26, 1937 (Ga.
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201
Laws 1937 p. 1294), as amended, particularly by an Act approved February 19, 1949 (Ga. Laws 1949, p. 929), an Act approved February 21, 1951 (Ga. Laws 1951, p. 2773), and an Act approved February 26, 1957 (Ga. Laws 1957, p. 2299), so as to provide that the commissioners shall be elected by a county wide vote; to provide an effective date to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the office of Commissioner of Roads and Revenues in the County of Coffee, approved March 26, 1937 (Ga. Laws 1937, p. 1294), as amended particularly by an Act approved February 19, 1949 (Ga. Laws 1949, p. 929), an Act approved February 21, 1951 (Ga. Laws 1951, p. 2773), and an Act approved February 26, 1957 (Ga. Laws 1957, p. 2299), is amended by striking from Section 4 thereof the words "their respective commissioner district only" and inserting in lieu thereof the words "all qualified voters of Coffee County," so that said Section as amended hereby shall read as follows:
"Section 4. Said Commissioner of Roads and Revenues and said two advisors, succeeding the Commissioner and two advisors hereinafter named, shall each be elected from and voted for by, the county at large. The provisions of this section shall be effective only for terms through December 31, 1952. For terms beginning January 1, 1953 and thereafter, Coffee County, Georgia, is hereby divided into three commissioner districts and each district shall be entitled to one commissioner; said districts to be constituted as follows, to wit:
"Commissioner District No. 1 shall be composed of the Douglas and Nicholls voting districts.
"Commissioner District No. 2 shall be composed of the Broxton and West Green voting districts.
"Commissioner District No. 3 shall be composed of the Ambrose and Bridgeton voting districts.
"Three commissioners shall be elected for a term of four (4) years each in the general election for county officers next preceding the beginning of their terms on January 1, 1953. One commissioner shall be elected from each commissioner district and shall be voted for by all qualified voters of Coffee County, both in primary and general elections. The succeeding terms of the Board of Commissioners of Roads and Revenues of Coffee County, Georgia, shall be four (4) years each and succeeding commissioners shall be elected in a like manner from each respective district."
Section 2. This Act shall become effective for the primary and general elections to be held in the year 1964.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Holton of the 46th moved that the Senate adopt the House substitute to SB 99.
On the motion, the ayes were 33, nays 0, and the substitute was adopted.
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The following general bills and resolutions, favorably reported by the committees, were read the third time and put upon their passage:
HR 270. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for an adequate system of roads and bridges in this State; to provide for the submission of this amendment for ratification or rejection; for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1
Article VII, Section IX, Paragraph IV of the Constitution, as amended by an amendment ratified at the 1952 general election, and found in Georgia Laws 1951, page 849, is hereby amended by striking said paragraph in its entirety and inserting in lieu thereof a new Paragraph IV, to read as follows:
"(a) Except as hereinafter provided, the appropriation for each department, officer, bureau, board, commission, agency or institution for which appropriation is made shall be for a specific sum of money, and no appropriation shall allocate to any object, the proceeds of any particular tax or fund or a part or percentage thereof.
"(b) An amount equal to all money derived from motor fuel taxes received by the State Treasurer in each of the immediately preceding fiscal years, less the amount of refunds, rebates and collection costs authorized by law, is hereby appropriated for the fiscal year beginning July 1, of each year following, for all activities incident to providing and maintaining an adequate system of public roads and bridges in this State, as authorized by laws enacted by the General Assembly of Georgia; and for grants to counties for aid in county road construction and maintenance, as provided by law authorizing the State Treasurer to make such grants. Said sum is hereby appropriated for, and shall be available for, the aforesaid purposes regardless of whether the General Assembly enacts a General Appropriations Act. However, this shall not preclude the General Assembly from appropriating for such purposes an amount greater than the sum specified above for such purposes. The expenditure of such funds shall be subject to all the rules, regulations and restrictions imposed on the expenditure of appropriations by provisions of the Constitution and laws of this State, unless such provisions are in conflict with the provisions of this paragraph. And provided, however, that the proceeds of the tax hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this State by land, sea or air, or in case of a major catastrophe, so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the Executive Order of the Governor. The provisions of this amendment shall become effective July 1, 1961."
MONDAY, FEBRUARY 1, 1960
203
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 "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 an amendment to the Constitution to provide for the appropriation of motor fuel taxes for highway construction and maintenance purposes in order to provide an adequate system of through highways, rural and post roads and bridges in this State.
"Against ratification of an amendment to the Constitution to provide for the appropriation of motor fuel taxes for highway construction and maintenance purposes in order to provide an adequate system of through highways, rural and post roads and bridges in this State."
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 Culpepper of the 7th offered the following amendment:
Amend HR 270 by adding in line six, subparagraph B, following the words "General Appropriations Act", the following language:
"and said sum need not be specifically stated in any general appropriations act passed by the General Assembly in order to be available for such purposes."
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 adoption of the resolution, was agreed to as amended.
The resolution proposing an amendment to the constitution, a roll call was ordered and the vote was as follows:
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Those voting in the affirmative were Senators:
Adams Barrett of 32nd Barrett of 45th Brooks Brown
Cannon Carlisle Clary
Crowe Culpepper Drew Dykes Edenfield Gearreld Greer
Hays Holt Holton Home Jernigan
Kiker Land Lanier
Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley
McGill Nixon Pannell Perry Purcell
Redwine Roper Screws
Shaw Slade Smith Vaughn Woodall Wright
By unanimous consent, 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 two-thirds majority, was adopted as amended.
Senator Culpepper of the 7th asked unanimous consent that HR 270 be immediately transmitted to the House.
The consent was granted.
SB 175. By Senators Greer of the 6th, Vaughn of the 34th and others:
A bill to amend an act creating the State Board of Workmen's Compensation, approved February 8, 1943 (Ga. Laws 1943, p. 167), as amended, so as to change the compensation of the chairman of the board, the other two members of the board, the deputy directors and the secretary-treasurer; 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.
HB 650. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to establish a Prison Industries Administration to conduct a prison industries program; and for other purposes.
Senators Sanders of the 18th and Barrett of the 32nd offered the following amendment:
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205
Amend HB 650 by striking from line eight (8) thereof, the following language:
"And political subdivisions thereof", and by striking lines fifteen (15) and sixteen (16) of the caption, "And the municipalities and political subdivisions of the State".
Then by striking from Section Five (5) of the bill, the following language as the same appears in lines two (2) and three (3) thereof to-wit: "And to the municipalities and political subdivisions of the State".
On the adoption of the amendment, the ayes were 41, nays 0, and the amendment was adopted.
Senator Sanders of the 18th offered the following amendment:
Amend HB 650 by amending the caption and bill as follows: Said caption is amended by adding the following language:
"Public hearings before the governing body of the State Penal and Rehabilitation Administration", and by adding a new paragraph of said bill to be numbered 8A which shall read as follows:
''Before the Georgia Prison Industry Administration shall purchase any industrial equipment or begin any new industry, there shall be a public notice given to those industries in Georgia affected by said new proposed industrial work and a public hearing will be held within sixty (60) days from the date of the notice so that those industries affected can present any objection they might have. Said public hearing will be held before the governing body of the Georgia Prison Industries Administration."
On the adoption of the amendment, the ayes were 42, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 38, nays 2.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 655. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend an act relating to Supervisor of Purchases, including requirement that all political subdivisions supported by the State give preference when buying goods made by prison labor; and for other purposes.
The Committee on Rules offered the following amendment:
Amend HB 655 by striking the word "directed" which appears in the quoted section 16 of section 1 of said HB 655 and substituting in
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lieu thereof the word "unauthorized", so that when amended Section 1 and the quoted section 16 therein of said bill shall read as follows:
"Section 1. An Act relating to the Supervisor of Purchases, approved March 29, 1937 (Ga. Laws 1937, p. 503), as amended is amended by striking section 16 thereof, in its entirety, and inserting in lieu thereof a new section which shall read as follows:
Section 16. Provided that nothing in any section of this Act as amended shall apply to or affect the distribution and purchase of goods, wares or merchandise manufactured, produced or mined wholly or in part by inmates of the penal, correctional and eleemosynary institutions of this State; and provided further, that all municipalities and political subdivisions of the State, which are supported in whole or in part by State Funds, are hereby authorized to give preference in their purchasing of goods, wares, merchandise, and articles produced by convict labor or the Georgia Prison Industries Administration."
On the adoption of the amendment, the ayes were 28, nays 0, and the amendment was adopted.
Senator Sanders of the 18th offered the following amendment:
Amend the caption of HB 655 by striking from line seven (7) thereof the following language:
"To provide that all municipalities and political subdivisions of the State which are supported by state funds", and by inserting in lieu thereof, the following language:
"To provide that all agencies, departments, authorities and political subdivisions of the State which are wholly supported by state funds".
Amend section one (1) of the bill as amended by striking from line ten (10) of said section, the following words:
"Or in part".
On the adoption of the amendment, the ayes were 30, nays 2, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, the ayes were 32, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 656. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to create the State Penal and Rehabilitation Authority a financial corporate authority to provide facilities for a prison industries program; to repeal conflicting laws; and for other purposes.
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207
The report 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 1.
The bill, having received the requisite constitutional majority, was passed.
HB 625. By Messrs. Carswell and Tucker of Burke, McCracken of Jefferson, Lanier of Candler, Orr of Wilkes, Bagby of Paulding and Cheatham of Chatham:
A bill to amend an act relating to securing of advances made for the purpose of planting, making, or gathering a crop, by the giving of a bill of sale, covering all crops planted and grown within twelve months from the date of such bill of sale; and for other purposes.
Senator Culpepper of the 7th moved that HB 625 be recommitted to the Committee on Agriculture and Natural Resources.
On the motion, the ayes were 31, nays 0.
The motion prevailed and HB 625 was recommitted to the Committee on Agriculture and Natural Resources.
SR 95. By Senator Woodall of the 25th:
A resolution creating a committee to work with the State Revenue Department on forms related to the State Income Tax Withholding 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 34, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 647. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to add a psychiatrist to the membership of the State Board of Public 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 648. By Messrs. Twitty of Mitchell, Smith of Emanuel and others: A bill to provide for permanent transfer of the Milledgeville State
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Hospital to the State Department of Public 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 687. By Messrs. Matthews and Newton of Colquitt and others:
A bill to amend an act known as the Georgia Economic Poisons Act, to provide penalty for deficiencies in guaranteed components of economic poisons; and for other purposes.
The report 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 696. By Messrs. Lanier of Candler and Strickland of Evans:
A bill to amend an act relating to feeding garbage to animals and disease prevention in 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 36, nays 0. The bill, having received the requisite constitutional majority, was passed.
HR 274. By Messrs. Kidd and Chandler of Baldwin, Scoggin of Ployd and others:
A RESOLUTION
Proposing an amendment to the Constitution, to provide for the granting of scholarships to physicians and other personnel desiring specialized training in the mental health field; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section I, Paragraph II of the Constitution, as amended by an amendment ratified at the general election in 1952 and found in Georgia Laws 1951, page 861, is hereby amended by striking Section 1-A in its entirety, which is as follows:
MONDAY, FEBRUARY 1, 1960
209
"Section 1-A. From and after the passage of this resolution, the Superintendent of the Milledgeville State Hospital, with the consent and approval of the Director of the State Department of Public Welfare, is authorized to extend scholarships to physicians and other professional personnel employed at the Milledgeville State Hospital to enable them to take post graduate courses in various schools and clinics in the United States. Said scholarships shall not be extended to more than four members of the personnel in any one year, and the personnel to whom these scholarships are extended must, as a prerequisite thereto agree to work at least two years at the said Milledgeville State Hospital for each year spent in study: Provided further that no additional appropriation shall be made by the General Assembly to finance such scholarships, but the same shall be financed from the regular appropriation to the Milledgeville State Hospital."
and inserting in lieu thereof the following:
"Section 1-A. The Director of the Department of Public Health, with the approval of the State Board of Health, is hereby authorized to extend scholarships to physicians and other personnel to take post graduate courses in the various schools and clinics in the United States so as to enable them to be better qualified in the diagnosis, care and treatment of mental illness. As a prerequisite to the grant of such scholarship, the recipient thereof must agree to actively engage in the practice of his profession in a hospital operated by the State of Georgia, under the supervision of the State of Georgia, or at some place approved by the authority granting the scholarship, on the basis of one year of service for each year of training received. The remedies for the enforcing of service required shall be the same as provided for medical grants and scholarships and such other remedies as may be provided by law."
SECTION 2
When the above proposed amendment to the Constitution has 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 provide for the granting of scholarships to physicians and other personnel for specialized training in the field of mental health.
"Against ratification of amendment to provide for the granting of scholarships to physicians and other personnel for specialized training in the field of mental health."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons
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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 results and certify the result to the Goevrnor, 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 Barrett of 45th Breedlove Brooks Brown Cannon Carlisle Clary Crowe Culpepper Darby Doster Edenfield
Gearreld Greer Hays Holt Holton Home Jernigan Kiker Land Lanier Lindsey of llth Lindsey of 53rd Livingston Marshall
Mercer Mobley McGill Nixon Pannell Perry Purcell Redwine Screws Shaw Slade Smith Woodall Wright
By unanimous consent, 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.
Senator Ramsey of the 1st, 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 of Representatives:
SB 145.
SB 162.
SB 168.
SR 97. SR 94.
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211
Respectfully submitted,
Ramsey of the 1st District, Chairman.
Senator Ramsey of the 1st, 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 56.
SB 133.
SB 148.
SR 26.
Respectfully submitted,
Ramsey of the 1st District, Chairman.
HB 612. By Messrs. Smith of Emanuel, Twitty of Mitchell and Underwood of Montgomery:
A bill to amend an act to provide that the State Auditor and Superintendent of Banks shall be added to the membership of the State Depository; and for other purposes.
Senator Culpepper of the 7th offered the following amendment: Amend HB 612 by inserting before the word "solvent" on page 2,
section 1, line 10, sub-section 100-101 the following words "only chartered."
The amendment was adopted.
Senator Culpepper of the 7th offered the following amendment: Amend HB 612, section 3, page 3, by adding after the word
"treasurer" at the end of sub-section 100-111 the following words: "and or the officer or employee charged with the custody of any particular bank account", and changing punctuation accordingly.
The amendment was adopted.
Senator Culpepper of the 7th offered the following amendment: Amend HB 612 by adding a new section between section 7 and 8
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on page 4 to be known as section 7A to read as follows: "Provided, this law shall become effective July 1st, 1960." The amendment was adopted.
Senator Culpepper of the 7th offered the following amendment:
Amend HB 612, section 4, by adding after the words "depository board" in line 9, the following words: "provided, however, the depository board may permit any department, board, bureau or other agency to invest in direct obligations of the Federal Government and State of Georgia approved by said board only such funds as now so invested and future income of such funds where earnings can be greater. Provided, further that current operating expenses shall be defined as those funds in excess of forty-five (45) days requirements as computed the first day of each calendar month."
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 42, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 693. By Messrs. Lanier of Candler, Lowrey of Floyd and others:
A bill to be known as the Georgia Fertilizer Act of 1960; and for other purposes.
The report 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 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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213
Senate Chamber, Atlanta, Georgia, Tuesday, February 2, 1960.
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. J. Truett Gannon, First Baptist Church, Eatonton, 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 read and found correct.
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
Senator Culpepper of the 7th 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 799. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A bill to amend the General Appropriations Act to provide additional authorization for funds to be made available to certain agencies when there is sufficient income; and for other purposes.
HB 772. By Messrs. Duncan and Craven of Carroll:
A bill to amend an act known as "the soil conservation districts law", to provide eminent domain to soil districts for acquiring easements; and for other purposes.
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HB 741. By Mr. Matthews of Colquitt:
A bill to amend an act regulating the sale of fireworks, to remove certain exceptions to said act; and for other purposes.
HB 722. By Mr. Gowen of Glynn:
A bill to provide that a widow shall have no right of dower in land under option to purchase to which she consented in writing prior to the death of her husband; and for other purposes.
HB 719. By Messrs. Musgrove of Clinch and Caldwell of Upson:
A bill to amend an act relating to the Game and Fish Commission, to delete payment to wildlife ranger of subsistence allowance; and for other purposes.
HB 704. By Messrs. Blalock of Clayton and Ray of Warren:
A bill authorizing the State Revenue Commissioner to establish units or divisions within the Department, to designate directors, delegate duties; and for other purposes.
HB 699. By Messrs. Ray of Warren and Blalock of Clayton:
A bill to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act, to provide limitations for making assessments of taxes thereunder; and for other purposes.
HB 649. By Messrs. Twitty of Mitchell, Smith of Emanuel, Ray of Warren, and others:
A bill to transfer the Alcoholism Commission to the Department of Public Health; to repeal conflicting laws; and for other purposes.
HB 591. By Messrs. Smith of Emanuel, Cheatham of Chatham and others:
A bill to amend an act known as the "General appropriations Act", to change the provision relating to committee rooms and offices of the legislative branches of government; and for other purposes.
HB 608. By Messrs. Ross of Lincoln, Twitty of Mitchell, and others:
A bill to amend an act known as the "Statewide Probation Act," if a provation is revoked and sentence imposed, time under probation shall apply on original sentence; and for other purposes.
The following bills and resolutions were introduced, read the first time and referred to committees:
SB 190. By Senator Pannell of the 43rd:
A bill changing the corporate limits of the City of Chatsworth, Georgia; and for other purposes.
Referred to Committee on County and Municipal Governments.
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215
SB 191. By Senator Pannell of the 43rd:
A bill granting a new charter to the City of Spring Branch so as to provide that an ad valorem tax not to exceed five mills may be levied; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 192. By Senator Sanders of the 18th:
A bill to amend Sec. 6-810 of the Code; to provide for corrections, amendments or additions to the record, bill of exceptions, etc.; and for other purposes.
Referred to Committee on Judiciary.
SB 193. By Senator Skelton of the 30th:
A bill to provide that the Board of Aldermen of the Town of Hartwell shall have the power of eminent domain; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 194. By Senator Sanders of the 18th:
A bill to define the procedure relative to the furnishing of the record of the Court of Appeals where application for certiorari is made to review its decision by the Supreme Court; and for other purposes.
Referred to Committee on Judiciary.
SB 195. By Senator Sanders of the 18th:
A bill authorizing the use of a transcript of proceedings in lieu of a brief of evidence on motions for new trials, etc., and for other purposes.
Referred to Committee on Judiciary.
SB 196. By Senator Greer of the 6th:
A bill changing the provisions as to the markings of motor vehicles used by the Department of Public Safety; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
SB 197. By Senators Holton of the 46th; Redwine of the 26th; Pannell of the 43rd; and Greer of the 6th:
A bill to provide for the construtcion of Grade Separation Structures and the installation of automatic warning devices at crossings of public roads and railroad tracks; and for other purposes.
Referred to Committee on Highways.
SB 198. By Senator Sanders of the 18th:
A bill relating to the change from the fee to the salary system in certain counties in Georgia having a population of not less than 108,000 inhabitants; and for other purposes.
Referred to Committee on County and Municipal Governments.
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SR 102. By Senator Pannell of the 43rd:
A resolution proposing an amendment to the Constitution so as to remove the provision requiring constitutional amendments to be submitted to the general election to which members of the General Assembly are elected; and for other purposes.
Referred to Committee on Rules.
SR 103. By Senators Culpepper of the 7th and Sanders of the 18th:
A resolution proposing an amendment to the Constitution so as to establish and clarify provisions for the payment of contract obligations; and for other purposes.
Referred to Committee on Rules.
SR 104. By Senators Wright of the 42nd; Carlisle of the 51st; and Jernigan of the 5th:
A resolution authorizing the Georgia Academy for the Blind and the Georgia School for the Deaf to purchase, maintain and use a passenger carrying station wagon motor vehicle at each institution; and for other purposes.
Referred to Committee on Government Operations.
HB 591. By Messrs. Smith of Emanuel, Cheatham of Chatham and others:
A bill to amend an act known as the "General Appropriations Act", to change the provision relating to committee rooms and offices of the legislative branches of government; and for other purposes.
Referred to Committee on Rules.
HB 608. By Messrs. Ross of Lincoln, Twitty of Mitchell and others:
A bill to amend an act known as the "Statewide Probation Act," if a probation is revoked and sentence imposed, time under probation shall apply on original sentence; and for other purposes.
Referred to Committee on Penal and Correctional Affairs.
HB 649. By Messrs. Twitty of Mitchell, Smith of Emanuel, Ray of Warren and others:
A bill to transfer the Alcoholism Commission to the Department of Public Health; to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.
HB 699. By Messrs. Ray of Warren and Blalock of Clayton:
A bill to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act, to provide limitations for making assessments of taxes thereunder; and for other purposes.
Referred to Committee on Rules.
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217
HB 704. By Messrs. Blalock of Clayton and Ray of Warren:
A bill authorizing the State Revenue Commissioner to establish units or divisions within the department, to designate directors, delegate duties; and for other purposes.
Referred to Committee on Rules.
HB 719. By Messrs. Musgrove of Clinch and Caldwell of Upson:
A bill to amend an act relating to the Game and Fish Commission; to delete payment to wildlife ranger of subsistence allowance; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 722. By Mr. Gowen of Glynn:
A bill to provide that a widow shall have no right of dower in land under option to purchase to which she consented in writing prior to the death of her husband; and for other purposes.
Referred to Committee on Judiciary.
HB 741. By Mr. Matthews of Colquitt:
A bill to amend an act regulating the sale of fireworks, to remove certain exceptions to said act; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 772. By Messrs. Duncan and Craven of Carroll:
A bill to amend an act known as the soil conservation districts law, to provide eminent domain to soil districts for acquiring easements; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 799. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A bill to amend the General Appropriations Act to provide additional authorization for funds to be made available to certain agencies when there is sufficient income; and for other purposes.
Referred to Committee on Rules.
The following bills and resolutions were read the second time:
SB 182. By Senators Clary of the 29th; Adams of the 22nd; and Watson of the 36th: A bill providing for further exclusions from the provisions of State Employees Retirement System relating to service in armed forces; and for other purposes.
SB 183. By Senator Skelton of the 30th:
A bill changing the salary of the Commissioners of Roads and Revenues for Hart County, Georgia; and for other purposes.
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SB 184. By Senators Jernigan of the 5th; Smith of the 4th; Marshburn of the 33rd; Mobley of the 17th; Roach of the 39th; Watson of the 36th; Mercer of the 49th; and Woodall of the 25th:
A bill to provide that tax funds of Georgia may be used or applied on any prior service of credit allowed while teaching outside of Georgia; and for other purposes.
SB 185. By Senator Dykes of the 2nd:
A bill increasing the number of Commissioners of Roads and Revenue for Liberty County, Georgia; and for other purposes.
SB 186. By Senator Dykes of the 2nd:
A bill changing compensation of full time Deputy Sheriffs of Liberty County, Georgia; and for other purposes.
SB 187. By Senator Greer of the 6th:
A bill regulating the use of public roads and highways of this State so as to provide for unloading of said vehicle where in excess of the dimensions, length and weight provision; and for other purposes.
SB 188. By Senator Greer of the 6th:
A bill regulating the use of the public roads and highways of this State by providing for penalties for the violation of same; and for other purposes.
SB 189. By Senator Greer of the 6th:
A bill regulating and providing for dimensions, length and weights of motor vehicles so as to provide that one-half of all fines and penalties collected shall be paid to the Treasurer of the State Highway Department; and for other purposes.
SR 99. By Senators Sanders of the 18th and Greer of the 6th:
A resolution ratifying lease agreement between the Western & Atlantic Railroad Commission and City Center, Inc.; and for other purposes.
SR 100. By Senators Clary of the 29th; Smith of the 4th; Mercer of the 49th; Watson of the 36th; Marshburn of the 33rd; Home of the 13th; and Slade of the 14th:
A resolution creating a committee for the purpose of studying Civil Defense structures; and for other purposes.
SR 101. By Senator Brown of the 52nd:
A resolution providing that certain drivers licenses for residents in the military forces returning on furloughs were not required.
HB 639. By Mr. Hollis of Muscogee:
A bill to amend an act relating to voting by mail, and the use of voting machines; and for other purposes.
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219
HB 640. By Mr. Boggs of Madison:
A bill to provide authority for the city of Colbert, through governing authority to close a certain portion of an alley for street purposes; and for other purposes.
HB 659. By Messrs. Hall of Floyd, Irvin of Habersham and others:
A bill to amend an act relating to the compensation of the State Superintendent of Schools; and for other purposes.
HB 660. By Messrs. Hall of Floyd, Irvin of Habersham and others:
A bill to amend an act providing for a uniform method of fixing salaries, allowances and travel expenses of certain state officials; and for other purposes.
HB 662. By Mr. Deen of Bacon:
A bill to amend an act creating a new charter for the City of Alma, to change the corporate limits; and for other purposes.
HB 663. By Mr. Parker of Screven:
A bill to provide that the Ordinary of Screven County be placed on a salary basis in lieu of a fee basis; and for other purposes.
HB 666. By Mr. Parker of Screven:
A bill to abolish the offices of Tax Collector of Screven County and consolidate said offices into the office of Tax Commissioner; and for other purposes.
HB 670. By Mr. Parker of Screven:
A bill to provide that the Sheriff of Screven County be placed on a salary basis in lieu of a fee basis; and for other purposes.
HB 674. By Mr. Parker of Screven:
A bill to provide that the Sheriff of Screven County be placed on a salary basis in lieu of a fee basis; and for other purposes.
HB 675. By Mr. Kimmons of Pierce:
A bill to amend an act consolidating and renewing the charter of the Town of Patterson, to change the name to City of Patterson; and for other purposes.
HB 677. By Messrs. Bostick and Branch of Tift:
A bill to amend the charter of the City of Tifton, to provide compensation for the commissioners; and for other purposes.
HB 678. By Mr. Baughman of Early:
A bill to create and incorporate the City of Blakely in lieu of the Town of Blakely; and for other purposes.
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HB 681. By Messrs. Hall of Floyd, Tamplin of Morgan and many others:
A bill to amend code section 5-105 relating to the compensation of the Commissioner of Agriculture; and for other purposes.
HB 683. By Messrs. Gowen of Glynn and Musgrove of Clinch:
A bill creating the Jekyll Island State Park Authority, to revise the Revenue Anticipation Certificate and Bond provisions, the method, procedure, and authority for issuing same; and for other purposes.
HB 685. By Messrs. Andrews and Williams of Hall:
A bill to authorize the governing authority of Hall County to supplement salary of judge of the superior court within the Northeastern Circuit; and for other purposes.
HB 689. By Mr. Musgrove of Clinch:
A bill to provide that any person failing to relinquish telephone party line to another in an emergency, shall be guilty and punished as for a misdemeanor; and for other purposes.
HB 690. By Mr. Musgrove of Clinch:
A bill to prohibit the use of certain language over the telephone, to prohibit use of the telephone for certain purposes; and for other purposes.
HB 706. By Mr. Bynum of Rabun:
A bill to grant a new charter to the City of Clayton, to define corporate limits, to provide for a Mayor and Council, to provide for elections; and for other purposes.
HB 711. By Messrs. Chance of Twiggs and Rowland of Johnson:
A bill to amend an act relating to the pay of a member of General Assembly who dies during a session or afterwards without receiving his entire pay; and for other purposes.
HB 715. By Messrs. McKenna, Phillips and Thornton of Bibb and many others:
A bill providing for the registration of voters, relating to the Voters Registration Act, to provide duties and authority of Board of Registrars in certain counties; and for other purposes.
HB 729. By Mr. Lott of Berrien: A bill to incorporate the City of Ray City; and for other purposes.
HB 738. By Messrs. McClelland, Brooks and Smith of Fulton and others:
A bill to amend an act to establish a new charter for the City of Atlanta relating to retirement for members of the Fire Department; and for other purposes.
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221
HE 739. By Messrs. McClelland, Brooks and Smith of Fulton and others:
A bill to amend an act to provide a pension for members of the police Departments in cities having a population of 150,000 or more; and for other purposes.
HB 748. By Mr. Watson of Houston:
A bill to be entitled an act to provide for the holding of four terms of the superior court of Houston County; and for other purposes.
HB 749. By Messrs. Killian of Glynn and Melton of Spalding:
A bill imposing statutory civil penalty upon a seller of obscene books and magazines; to provide who may recover and method of recovery; and for other purposes.
HB 750. By Mr. Strickland of Evans:
A bill to amend an act creating a new charter for the City of Claxton; and for other purposes.
HB 754. By Messrs. Kidd and Chandler of Baldwin:
A bill to provide that in all of this state having population between 29,000 and 30,250, holding primary for nomination of candidate for office shall declare person receiving the plurality of votes as the nominee; and for other purposes.
HB 757. By Messrs. Keever and Bradley of Bartow, Coalson and McCown of Polk:
A bill to amend an act creating and establishing a new charter for the Town of Taylorsville, to abolish the election required for approval of contracts for certain utility services; and for other purposes.
HB 759. By Messrs. Reed, Willingham and Holcombe of Cobb:
A bill to create a new charter for the City of Smyrna, so as to increase the corporate limits; and for other purposes.
HB 760. By Messrs. McCown and Coalson of Polk:
A bill to authorize certain counties to establish and maintain a law library for the use of the judges, solicitors and other officers of the courts; and for other purposes.
HB 763. By Mr. Steis of Harris:
A bill to amend an act incorporating the Town of Waverly Hall, to provide for the levy and collection of an additional tax not to exceed one mill for the purpose of providing fire protection; and for other purposes.
HB 766. By Mr. Smith of Lamar:
A bill to change the compensation of the sheriff, the ordinary and
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the clerk of the superior court of Lamar County from the fee to the salary system; and for other purposes.
HB 769. By Messrs. Twitty and Palmer of Mitchell:
A bill to amend an act creating a new charter for the City of Camilla; so as to change the corporate limits; and for other purposes.
HB 770. By Messrs. Smith and Winkle of Whitfield:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of the County of Whitfield; change method of appointment of Advisory Board; and for other purposes.
HB 771. By Mr. Tamplin of Morgan: A bill to change the compensation of the sheriff, clerk of the superior court, ordinary, tax collector and tax receiver of Morgan County from a fee to a salary system; and for other purposes.
HB 777. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act to establish the Criminal Court of Atlanta, to increase salary of the First Assistant Solicitor General and each of the assistant solicitors general of the Criminal Court of Fulton County; and for other purposes.
HB 780. By Mr. Singer of Stewart:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of the County of Stewart, so as to change the amount of compensation paid to the Commissioner; and for other purposes.
HB 781. By Mr. Singer of Stewart:
A bill to amend an act creating a new charter for the Town of Lumpkin, so as to change the corporate limits; and for other purposes.
HB 787. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill to authorize a stenographer to be present with the Grand Jury while witnesses are being examined in certain counties; and for other purposes.
HB 794. By Messrs. Matthews and Cox of Clarke:
A bill to amend an Act, so as to provide that the mayor and council of the City of Athens shall be empowered to levy and collect for the ordinary current expense of said municipal corporation; and for other purposes.
HB 795. By Messrs. Matthews and Cox of Clarke:
A bill to amend the charter of the Town of Athens, so as to extend the terms of office of the mayor and aldermen; and for other purposes.
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223
HB 797. By Messrs. Matthews and Cox of Clarke:
A bill to amend the charter of the Town of Athens, appearance of any defendant in the Recorder's Court for the City of Athens and for other purposes.
HB 801. By Messrs. Fleming, Fuqua and Edwards of Richmond:
A bill to amend an act to change from a fee to a salary system in certain counties, the salary of the sheriff, the ordinary, the tax commissioner, deputy sheriffs and assistants; and for other purposes.
HB 806. By Mr. Brackin of Seminole:
A bill to amend an act creating a new charter for the City of Donalsonville, to provide for Board of Tax Assessors, Mayor and Council; and for other purposes.
HB 808. By Messrs. Loggins and Floyd of Chattooga:
A bill to amend the charter of the City of Summerville, to close a portion of Short Street, to transfer public rights therein; and for other purposes.
HB 809. By Messrs. Floyd and Loggins of Chattooga:
A bill to amend the charter of the City of Summerville, to close unopened portion of County Road between Highland Avenue and North Commerce Street, to transfer public right; and for other purposes.
HB 810. By Messrs. Floyd and Loggins of Chattooga:
A bill to amend an act amending the charter of the City of Summerville, to close the unopened portion of Smith Street between Bellah Avenue and Edmondson Street; and for other purposes.
HB 811. By Messrs. Floyd and Loggins of Chattooga:
A bill to amend an act amending the charter of the City of Summerville, to close the unopened portion of Third Street between Highland Avenue and Henderson Street; and for other purposes.
HB 812. By Messrs. Smith and Winkle of Whitfield:
A bill incorporating the City of Dalton, to close Brooks Alley, a portion of Gaston Street (Mary Street), Thornton Alley and Ken Alley, the conveyance of said streets and alleys to abutting property owners; and for other purposes.
HB 813. By Mr. Bozeman of Thomas:
A bill to create a body corporate and politic of the City of Thomasville to be known as the Thomasville Payroll Development Authority; and for other purposes.
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HB 814. By Mr. Dorminy of Ben Hill:
A bill to amend an act relating to the charter of the City of Fitzgerald; and for other purposes.
HB 815. By Mr. Watson of Houston:
A bill to amend an act creating a Board of County Commissioners for the County of Houston; and for other purposes.
HB 816. By Mr. Watson of Houston:
A bill to abolish the offices of tax receiver and tax collector of Houston County and consolidate into office of tax commissioner of Houston County; and for other purposes.
HB 821. By Messrs. Alien and Fordham of Bulloch:
A bill to amend an act creating Board of Commissioners of Roads and Revenues for Bulloch County, to change compensation of chairman and clerk; and for other purposes.
HB 822. By Messrs. Alien and Fordham of Bulloch:
A bill to provide that the Ordinary of Bulloch County be placed on a salary basis in lieu of fee basis; and for other purposes.
HB 823. By Messrs. Alien and Fordham of Bulloch:
A bill to amend an act relating to the offices of Tax Collector and Tax Receiver of Bulloch County; and for other purposes.
HB 824. By Messrs. Alien and Fordham of Bulloch:
A bill to change the compensation of the Sheriff of Bulloch County from the fee system to salary basis; and for other purposes.
HB 849. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to amend an act creating the Chatham County Pension Board; and for other purposes.
HB 852. By Messrs. Story and Morgan of Gwinnett:
A bill creating charter for the City of Lawrenceville, to provide that the mayor and council shall not be authorized to sell or lease any public utility system of the city unless a majority of the voters approved such sale; and for other purposes.
HB 712. By Messrs. Fuqua of Richmond, Walker of Lowndes, Twitty of Mitchell and others:
A bill to amend article I of the Banking Law of Georgia; to provide for the establishment and operation of bank offices and bank facilities; and for other purposes.
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225
HR 284. By Mr. Tamplin of Morgan:
A resolution proposing an amendment to the Constitution for Morgan County to levy tax on all taxable property to promote industries in said county; and for other purposes.
HR 285. By Mr. Tamplin of Morgan:
A resolution proposing an amendment to the Constitution to empower Board of Commissioners of Roads and Revenues of Morgan County to assess license fees and taxes for businesses; and for other purposes.
HR 286. By Messrs. Walker and Budd of Lowndes:
A resolution proposing an amendment to the Constitution to authorize the Board of Education of Lowndes County to borrow funds and pledge certain building funds for payment thereof; and for other purposes.
HR 316. By Mr. Sheffield of Brooks:
A resolution proposing an amendment to the Constitution to create the Brooks County Development Authority; and for other purposes.
HR 318. By Messrs. Sheffield of Brooks, Matthews of Colquitt and others:
A resolution proposing an amendment to the Constitution to change provisions to terms of members of the General Assembly; and for other purposes.
HR 321. By Mr. Miller of Elbert:
A resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Elbert County; and for other purposes.
HR 323. By Mr. Jones of Wayne:
A resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Wayne County; and for other purposes.
HR 324. By Messrs. Reed, Willingham and Holcombe of Cobb:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a zoning and planning Commission for the unincorporated area of Cobb County; and for other purposes.
HR 325. By Messrs. Bostick and Branch of Tift:
A resolution proposing an amendment to the Constitution so as to create the Tift County Development Authority; and for other purposes.
HR 333. By Messrs. Andrews and Williams of Hall:
A resolution proposing an amendment to the Constitution to provide
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for establishment of fire prevention districts in Hall County; and for other purposes.
HR 334. By Messrs. Andrews and Williams of Hall:
A resolution proposing an amendment to the Constitution to provide for the election of members of the Board of Education of Hall County; and for other purposes.
HR 335. By Messrs. Cox and Matthews of Clarke:
A resolution proposing an amendment to the Constitution so as to provide for paving of streets in Clarke County, and to authorize the cost thereof; and for other purposes.
HR 336. By Messrs. Cox and Matthews of Clarke:
A resolution proposing an amendment to the Constitution to authorize the Board of Commissioners of Roads and Revenues of Clarke County to build and operate street lights and storm sewers; and for other purposes.
HR 337. By Messrs. Cox and Matthews of Clarke:
A resolution proposing an amendment to the Constitution to authorize Clarke County to issue building permits, to change fees therefor and to establish a building code; and for other purposes.
HR 338. By Messrs. Cox and Matthews of Clarke:
A resolution proposing an amendment to the Constitution to em/power the Board of Commissioners of Roads and Revenues to assess and collect license fees of businesses; and for other purposes.
HR 339. By Messrs. Cox and Matthews of Clarke:
A resolution proposing an amendment to the Constitution to authorize the General Assembly to empower the Commissioners of Roads and Revenues to enact ordinances for policing said county; and for other purposes.
HR 356. By Mr. Tamplin of Morgan:
A resolution authorizing and directing the State Librarian to furnish to the Clerk of the Superior Court of Morgan County certain law books; and for other purposes.
HR 369. By Messrs. Busbee of Dougherty:
A resolution to create the General Assembly Committee on Schools, to designate membership, define duties; and for other purposes.
Mr. 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
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227
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:
HR 300. Do Pass.
HB 593. Do Pass.
HR 81. Do Pass.
HR 331. Do Pass.
Respectfully submitted,
Vaughn of 34th District, Secretary.
Mr. Vaughn of the 34th 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 Chairman, to report the same back to the Senate with the following recommendations:
HB 684. Do Pass.
HB 686. Do Pass.
HR 281. Do Pass.
SR 96. Do Pass.
HB 618. Do Pass, as Amended.
SB 181. Do Pass.
SB 174. Do Pass.
SB 169. Do Pass, by Substitute.
SB 155. Do Pass.
SB 180. Do Pass.
Respectfully submitted,
Vaughn of 34th District, Chairman.
Mr. Greer of the 6th District, Secretary of the Committee on Government Operations, submitted the following report:
Mr. President:
Your Committee on Government Operations has had under consideration the following resolutions of the Senate and House and has instructed me as
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Secretary, to report the same back to the Senate with the following recommendations :
SR 93. Do Pass.
HR 322. Do Pass.
Respectfully submitted,
Greer of 6th District, Secretary.
Mr. 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 bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 636. Do Pass.
Respectfully submitted,
Wright of 42nd District, Chairman.
Mr. 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 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 184. Do Pass.
HB 659. Do Pass.
Respectfully submitted,
Jernigan of 5th District, Chairman.
Mr. 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 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:
SR 99. Do Pass.
HB 585. Do Pass. HB 667. Do Pass.
Respectfully submitted,
Greer of 6th District, Chairman.
TUESDAY, FEBRUARY 2, 1960
229
Mr. Brooks of the 23rd District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. President:
Your Committee on Banks and Banking has had under consideration the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 260. Do Pass.
Respectfully submitted,
Brooks of 23rd District, Chairman.
Mr. Holton of the 46th District, Chairman of the Committee on Highways, 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 141. Do Pass.
SB 158. Do Pass.
SB 167. Do Pass.
Respectfully submitted,
Holton of 46th District, Chairman.
The following resolutions were read and adopted:
HR 297. By Messrs. Floyd of Chattooga and Ingle of Gordon:
A resolution petitioning the Congress of the United States to give favorable consideration to legislation providing benefits for veterans of World War I; and for other purposes.
HR 299. By Messrs. Bolton of Spalding, Steis of Harris and Hale of Dade:
A resolution creating a committee to study methods for financing additional services; and for other purposes.
The president appointed as a Committee the following: Senators Skelton of 30th, Pannell of 43rd and Vaughn of 34th.
HR 305. By Messrs. Paris of Barrow, Odom of Dougherty and many others:
A resolution endorsing and supporting Governor Vandiver's recommendations pertaining to the ports of Georgia as contained in his 1960 State of the State address; and for other purposes.
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HR 313. By Messrs. Huddleston of Fayette, Floyd of Chattooga and others:
A resolution memorializing the Congress of the United States to extend education benefits to veterans of the armed forces who entered or who enter the service subsequent to February 1, 1955.
HR 314. By Messrs. Floyd of Chattooga, Ingle of Gordon, Loggins of Floyd and others:
A resolution requesting Congress to make funds available for the construction of a Veterans Hospital in the Atlanta Area; and for other purposes.
HR 361. By Messrs. Smith of Emanuel, Matthews and Cox of Clarke and others:
A resolution commending Harry B. O'Rear, M.D., acting president of the Medical College of Georgia.
HR 362. By Messrs. MacKay, Rutland and McWhorter of DeKalb: A resolution commending the Order of DeMolay; and for other purposes.
HR 370. By Messrs. Twitty of Mitchell and Alien of Bulloch:
A resolution creating a committee to study legislation relative to osteopaths; and for other purposes.
HR 396. By Messrs. Carswell of Burke, Bagby of Paulding, Matthews of Clarke, Orr of Wilkes, Mackay of DeKalb, Brooks of Fulton and Carr of Dooly:
A resolution urging passage by the General Assembly of the Billboard Control Act.
HR 395. By Mr. Smith of Emanuel:
A resolution inviting Dr. Louie D. Newton to address a joint session of the House and Senate; and for other purposes.
HR 397. By Messrs. Twitty of Mitchell, Smith of Emanuel, Ray of Warren and McCracken of Jefferson: A resolution inviting Mrs. Iris F. Blitch to speak before a joint session of the legislature at 11 o'clock A.M. on the 15th day of February, 1960.
HR 398. By Messrs. Matthews and Cox of Clarke: A resolution relative to the 100th Anniversary of the University of Georgia School of Law; and for other purposes.
The following bill was taken up for the purpose of considering a House amendment thereto:
SB 134. By Senators Culpepper of the 7th and Sanders of the 18th: A bill to be entitled an act to abolish the Social Security Board and create a State Welfare Advisory Board; and for other purposes.
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231
The House amendment was as follows:
The Committee on State of Republic moves to amend SB 134 by striking the next to the last sentence of section 3 thereof, which reads as follows:
"Members of the Board shall receive a per diem of Twenty ($20.00) Dollars for their services plus their actual traveling and other expenses incurred in the performance of their official duties";
and substituting in lieu thereof the following sentence:
"Members of the Board shall receive a per diem of Twenty ($20.00) dollars for their attendance at board meetings plus their actual traveling and subsistence expenses incurred in the performance of their official duties in attending said board meetings."
Senator Sanders of 18th moved that the Senate adopt the House amendment to SB 134.
On. the motion, the ayes were 34, nays 0, and the amendment was adopted,
The following general bills, favorably reported by the committees, were read the third time and put upon their passage:
SB 141. By Senators Sanders of the 18th and Culpepper of the 7th:
A bill to amend an act providing for the erection of welcome stations at the entrance of Federal Highways into the 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 167. By Senators Perry of the 24th, Slade of the 14th, Doster of the 48th, Lindsey of the llth, Buff of the 44th, Adams of the 22nd and others:
A bill relating to the State Highway Board so as to change the procedure relating to the expenditure of 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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SB 173. By Senator Sanders of the 18th, Culpepper of the 7th and Greer of the 6th:
A bill to provide for the licensing and regulation of collection agencies; and for other purposes.
Senator Sanders of the 18th asked unanimous consent that SB 173 be postponed to February 3, 1960.
The consent was granted.
SR 93. By Senator Clary of the 29th:
A resolution authorizing the Governor and Commissioner of Agriculture to convey certain lands in McDuffie County, Georgia.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 33, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 260. By Messrs. Hollis of Muscogee and Raulerson of Echols:
A bill to amend an act relating to the imposition, assessment, computation and collection of an income tax on net income; and for other purposes.
The report 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.
HR 322. By Messrs. Twitty of Mitchell, McCracken of Jefferson and Ray of Warren:
A resolution ratifying the lease agreement entered into dated the 12th day of January, 1960, entered into between the Western and Atlantic Railroad Commission, acting for and on behalf of the State of Georgia and City Center, Inc., a corporation organized and existing under the laws of the State of Georgia; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 40, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
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233
HB 667. By Messrs. Smith of Emanuel, Twitty of Mitchell, Gowen of Glynn and others:
A bill to amend an act pertaining to the assessment of public service corporation fees in a sufficient amount to cover the cost of operating and maintaining the Georgia Public Service Commission; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 585. By Messrs. Twitty of Mitchell, Smith of Emanuel, Cox of Clarke and others:
A bill to provide for permanent license plates for State-owned vehicles and those of political subdivisions when used exclusively for governmental 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 155. By Senator Sanders of the 18th:
A bill to amend section 113-1203 and section 113-1206 of the code of Georgia of 1933 relating to qualifications of administrators and executors so as to change the qualifications of a non-resident administrator or executor concerning his heirship to the deceased; and for other purposes.
The report 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.
SB 174. By Senator Greer of the 6th:
A bill fixing the salaries of the judges of the Superior Court approved March 7, 1957, (Georgia Laws 1957, page 273) so as to strike therefrom section 3 and inserting in lieu thereof provision for the payment of expenses and mileage of judges of the Superior Court and Superior Court Judges Emeritus; 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 28, nays 2.
The bill, having received the requisite constitutional majority, was passed.
HB 636. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend an act known as the "Unemployment Compensation Law" to provide benefit tables so as to change the weekly benefit amount, eligibility for 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 593. By Messrs. Paris of Barrow, Odom of Dougherty and others:
A bill to amend an act known as the Georgia Ports Authority Act, to authorize the Governor, on behalf of the State, to convey certain property to 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 180. By Senators Brown of the 52nd, Adams of the 22nd, Culpepper of the 7th and others:
A bill relating to indictments against certain county officials and their right to appear before the grand jury as 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 32, nays 1.
The bill, having received the requisite constitutional majority, was passed.
SB 181. By Senators Brown of the 52nd, Culpepper of the 7th and others:
A bill removing the rights of state officials as provided in code section 89-9908; and for other purposes.
TUESDAY, FEBRUARY 2, 1960
235
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 23, nays 7.
The bill, having failed to receive the requisite constitutional majority, was lost.
SB 169. By Senators Perry of the 2t4h and Edenfield of the 16th:
A bill to prohibit any person from obtaining credit by use of a credit card issued to another without the consent of the person to whom issued; to prohibit the use of a credit card which has expired or been cancelled; to prescribe penalties therefor; to define certain words and terms; to repeal conflicting laws; and for other purposes.
The Committee on Judiciary offered the following substitute:
SB 169. By Senators Perry of 24th and Edenfield of 16th:
AN ACT
To prohibit any person from obtaining credit by use of a credit card issued to another without the consent of the person to whom issued, to prohibit the use of a credit card which has expired or been cancelled; to prescribe penalties therefor; to define certain words and terms; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The term "credit card" as used herein means an identification card or other credit document issued to a person, firm or corporation by a business organization which permits such person, firm or corporation to purchase or obtain goods, property or services on the credit of such organization.
Section 2. Any person who knowingly uses for the purpose of obtaining credit, or for the purchase of goods, property or services, (1) a credit card which has not been issued to such person and which is not used with the consent of the person to whom issued or (2) a credit card which has been revoked or cancelled by the issuer of such card and notice thereof has been given to such person, or (3) a credit card which has expired is guilty of a misdemeanor and punishable by a fine of not more than one hundred dollars ($100.00) or imprisonment for not more than thirty (30) days if the amount of the credit or purchase obtained by such use does not exceed fifty dollars ($50.00) or by both such fine or imprisonment, or by a fine of not less than one hundred dollars ($100.) nor more than five hundred dollars ($500.00) or imprisonment for not more than one (1) year if the aggregate amount of the credit or purchase obtained by such use exceeds fifty dollars ($50.00), or by both such fine and imprisonment.
Section 3. The presentation of an expired or revoked credit card for the purpose of obtaining credit or the privilege of making a de-
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ferred payment for the article or service purchased shall be prima facie evidence of knowledge that the credit card had expired or had been revoked, if the purchaser shall not have paid to the issuer of the credit card the total amount of the credit purchase within ten (10) days after notice that such credit card had expired or had been revoked at the time the purchase was made, which notice shall also state the amount due on such purchase.
Section 4. The word "notice" as used herein shall be construed to include either notice given to the purchaser in person or notice given to him in writing. Such notice in writing shall be presumed to have been given when deposited as registered or certified matter, in the United States mail, addressed to such person at his last known address.
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 32, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 618. By Messrs. Brennan, Cheatham and McGee of Chatham: A bill to amend an act so as to provide for the use of facsimile signatures by the clerks of the superior court of this state; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend HB 618 by changing section 2 to section 3 and adding another section to be known as section 2 as follows:
"Section 2. Provided that this act shall be effective only in counties having a population of more than 150,000 persons by the U. S. Census of 1950, or any future census."
On the adoption of the amendment, the ayes were 31, 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
TUESDAY, FEBRUARY 2, 1960
237
Senator Ramsey of the 1st, 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 of Representatives:
SB 172.
SB 175.
SR 95.
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 Governor:
SR 85.
Respectfully submitted,
Ramsey of the 1st District, Chairman.
HB 686. By Messrs. Andrews and Williams of Hall:
A bill to amend section 67-2003 of the code relating to mechanics' lien on personalty; such lien may be foreclosed by surrendering the 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 684. By Messrs. McKenna, Thornton and Phillips of Bibb and others:
A bill to add one additional judge of the superior court for the Macon Judicial Circuit of Georgia, etc; and for other purposes.
The report of the committee, which was faovrable to the passage of the bill, was agreed to.
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On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Jernigan of the 5th 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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239
Senate Chamber, Atlanta, Georgia, Wednesday, February 3, 1960.
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. Tegler Greer, pastor Methodist Church, Howard, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Brown of the 52nd moved that the Senate reconsider its action of yesterday on the following bill of the Senate:
SB 181. By Senators Brown of the 52nd, Culpepper of the 7th and others: A bill removing the rights of state officials as provided in Code Section 89-9908; and for other purposes.
On the motion to reconsider, the ayes were 13, nays 12, and the motion was lost.
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 Culpepper of the 7th 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 579. By Mr. Barber of Jackson: A bill to change the compensation of school bus drivers; to repeal conflicting laws; and for other purposes.
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HB 617. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to amend an act known as the "State-wide Probation Act"; to provide said act shall not apply to prosecution for abandonment or bastardy; and for other purposes.
HB 623. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to provide that in prosecutions for the offense of abandonment or bastardy the court, in its discretion, may suspend sentence upon terms providing for support and maintenance of the child or children abandoned; and for other purposes.
HB 641. By Messrs. Steis of Harris, Hale of Dade, and others:
A bill to provide for a method of service upon minors; to provide that a guardian ad litem agree to serve in writing; and for other purposes.
HB 661. By Messrs. Scoggins and Lowry of Floyd, McGibbony of Greene, and others:
A bill to amend an act known as the "Liquid Petroleum Safety Act of Georgia" to provide for minimum storage facilities for licenses in this State; and for other purposes.
HB 682. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to authorize the Mayor and Aldermen of Savannah to convey to Regents of University System of Georgia, certain property; and for other purposes.
HB 694. By Messrs. Smith of Emanuel, Matthews and Cox of Clarke, and others:
A bill to amend the act establishing a Retirement System for Teachers, to include employees of the University System, employed less than half time; and for other purposes.
HB 716. By Messrs. Hill of Tattnall, Echols of Upson, and others:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", to provide inspection of school buses and for driver's examinations of school bus drivers; and for other purposes.
HB 718. By Mr. Gowen of Glynn: A bill to provide a year's support allowance out of the proceeds of property under option; and for other purposes.
HB 724. By Messrs. Orr of Wilkes, McKenna of Bibb, and others: A bill relating to the abandonment of children, to provide a person acquitted on ground that said person is not the parent of said child, cannot be retried; and for other purposes.
HB 744. By Messrs. Coalson of Polk, Busbee of Dougherty, and others: A bill providing that the clerk of the court in which a bill of exceptions
WEDNESDAY, FEBRUARY 3, 1960
241
is filed shall make a copy of such bill, with transcript of record in such case; and for other purposes.
HB 745. By Messrs. Hodges and Parker of Ware:
A bill relating to the Engineering Experiment Station, to provide a central experiment station to be located at Georgia Institute of Technology; and for other purposes.
HB 755. By Messrs. Carswell and Tucker of Burke, and others:
A bill to provide that any person purchasing a used school bus shall repaint the same, and any person now using a used school bus repaint the same; and for other purposes.
HB 767. By Mr. Fowler of Douglas:
A bill to amend an act relating to application for a Use of Tax Stamps for Commercial Feeding stuffs; and for other purposes.
HR 774. By Messrs. Lowrey of Floyd, Kelly of Jasper, and others:
A bill to amend an act to provide that in addition to any authority granted the Commissioner of Agriculture, he may suspend or cancel licenses; and for other purposes.
HB 775. By Messrs. Gowen and Killian of Glynn:
A bill to amend an act regulating Credit Unions, to provide schedule of fees payable annually by Credit Unions to the Superintendent of Banks; and for other purposes.
HB 784. By Mr. Hedden of Towns:
A bill incorporating the town of Young Harris, to reincorporate the town of Young Harris, to provide for municipal elections; and for other purposes.
HB 802. By Mr. Story of Gwinnett:
A bill to prohibit the use of the Flag or State Emblem of Georgia, or the flag or emblem of the Confederate States of America for advertising purposes.
HB 859. By Mr. Watson of Houston:
A bill to amend an act incorporating the municipality of Elberta, to change the corporate limits; and for other purposes.
HB 860. By Mr. Watson of Houston:
A bill to provide a salary for the Tax Commissioner of Houston County, to provide for clerks for said Tax Commissioner and fix their salaries; and for other purposes.
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HB 870. By Messrs. Hodges and Parker of Ware: A bill to amend an act so as to change the compensation of the coroners of certain counties; and for other purposes.
HB 871. By Mr. Stuckey of Dodge: A bill to amend an act to incorporate the Town of Rhine; and for other purposes.
HB 872. By Mr. Stuckey of Dodge: A bill to change the compensation of the Ordinary of Dodge County from the fee and salary system to the salary system exclusively; and for other purposes.
HB 874. By Mr. Miller of Elbert: A bill to change the compensation of the Sheriff of Elbert County from the fee system to the salary system; and for other purposes.
HB 875. By Messrs. McClelland, Brooks and Smith of Fulton, Mackay, Rutland and McWhorter of DeKalb: A bill to amend an act to establish a new charter for the City of Atlanta, relating to retired employees; and for other purposes.
HB 876. By Mr. Barrett of Cherokee: A bill to amend an act incorporating the City of Holly Springs, to provide for two year terms for the Mayor and Councilmen; and for other purposes.
HR 328. By Messrs. Blalock of Clayton and Ray of Warren:
A resolution to ratify, approve and confirm the executive order of the Governor, on collection of tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax; and for other purposes.
HR 329. By Messrs. Blalock of Clayton and Ray of Warren: A resolution to ratify, approve and confirm the executive order of the Governor, suspending tax imposed by Georgia Retailers' and Consumers' Sales and Use Tax Act; and for other purposes.
HR 330. By Messrs. Ray of Warren and Blalock of Clayton:
A resolution to ratify, approve and confirm the executive order of the Governor, to allow the State Revenue Commissioner to suspend any tax accrued under the revenue laws; and for other purposes.
SB 156. By Senator Sanders of the 18th:
A bill to amend an act approved March 7, 1957, relating to the compensation of county officers in counties of a certain population so as to provide an additional deputy clerk and to provide the compensation
WEDNESDAY, FEBRUARY 3, 1960
243
of such clerk; to provide an effective date; to repeal conflicting laws; and for other purposes.
The House has agreed to the Senate amendments to HB 610 and 612.
HB 610. By Mr. Ellis of Henry:
A bill to amend an act relating to notice of application for order to sell and reinvest the estate of a ward; and for other purposes.
HB 612. By Messrs. Smith of Emanuel, Twitty of Mitchell and Underwood of Montgomery:
A bill to amend an act to provide that the State Auditor and Superintendent of Banks shall be added to the membership of the State Depository; and for other purposes.
The House has disagreed to Senate amendments to House bills, to-wit:
HB 655. By Messrs. Twitty of Mitchell, Smith of Emanuel, and others:
A bill to amend an act relating to Supervisor of Purchases, including requirement that all political subdivisions supported by the State give preference when buying goods made by prison labor; and for other purposes.
HB 650. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to establish a Prison Industries Administration to conduct a prison industries program; and for other purposes.
The following bills and resolutions were introduced, read the first time and referred to committees:
SB 199. By Senator Lindsey of the llth:
A bill to provide the method and procedure for the issuance and validation of revenue certificates or bonds by the Terrell County Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 200. By Senator Skelton of the 30th:
A bill relating to the service of written interrogatories upon the adverse party; and for other purposes.
Referred to Committee on Judiciary.
SB 201. By Senator Dykes of the 2nd:
A bill relating to the regulation of trust companies and the duties and powers of superintendents of banks; and for other purposes.
Referred to Committee on Banking and Finance.
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JOURNAL OF THE SENATE,
SB 202. By Senator Pannell of the 43rd:
A bill to provide for the closing of a portion of Walnut Street in the City of Chatsworth; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 203. By Senator Brown of the 52nd:
A bill to provide that the Sheriff of Fulton County shall be eligible for the benefits of the "Retirement Act"; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 204. By Senator Brown of the 52nd:
A bill to provide for registrars in counties having more than 400,000 population; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 205. By Senator Brown of the 52nd:
A bill to abolish the office of County Treasurer in counties having a population of more than 400,000; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 206. By Senator Brown of the 52nd:
A bill dealing with the appointment of Boards of Examiners of Stationary Engineers and Firemen in counties having a population of 170,000; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 207. By Senator Brown of the 52nd:
A bill to provide for the appointment and term of the Directors of Public Safety in counties having a population of 300,000 or more; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 208. By Senator Brown of the 52nd:
A bill to provide for the sale of county property under certain conditions; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 209. By Senator Brown of the 52nd:
A bill to change the penal provisions for the offense of driving while intoxicated; and for other purposes.
Referred to Committee on Judiciary.
WEDNESDAY, FEBRUARY 3, 1960
245
SB 210. By Senator Brown of the 52nd:
A bill providing for the closing of puhlic schools and public school systems under certain circumstances so as to provide a statement of legislative policy and purposes.
Referred to Committee on Educational Matters.
SB 211. By Senator Doster of the 48th:
A bill changing -the compensation of the members of the Board of Commissioners of Roads and Revenues of Wilcox County; and for other purposes.
Referred to Committee on County and Municipal Governments.
SR 105. By Senator Lindsey of the 53rd:
A resolution to grant a committee to study the possibility of experiment stations conducting a program in tobacco research; and for other purposes.
Referred to Committee on Rules.
SR 106. By Senators Pannell of the 43rd and Carlisle of the 51st:
A resolution creating a Study Committee to investigate ways and means of strengthening the Senate.
Referred to Committee on Rules.
SR 107. By Senator Sanders of the 18th:
A resolution authorizing Richmond County to levy a tax for the purpose of creating a fund to be used in the industrial development of the county; and for other purposes.
Referred to Committee on Rules.
HB 579. By Mr. Barber of Jackson:
A bill to change the compensation of school bus drivers; to repeal conflicting laws; and for other purposes.
Referred to Committee on Educational Matters.
HB 617. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to amend an act known as the "State-wide Probation Act"; to provide said act shall not apply to prosecution for abandonment or bastardy; and for other purposes.
Referred to Committee on Penal and Correctional Affairs.
HB 623. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to provide that in prosecutions for the offense of abandonment or bastardy the court, in its discretion, may suspend sentence upon
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terms providing for support and maintenance of the child or children abandoned; and for other purposes.
Referred to Committee on Judiciary.
HB 641. By Messrs. Steis of Harris, Hale of Dade and others:
A bill to provide for a method of service upon minors, to provide that a guardian ad litem agree to serve in writing; and for other purposes.
Referred to Committee on Judiciary.
HB 661. By Messrs. Scoggins and Lowry of Floyd, McGibbony of Greene and others:
A bill to amend an act known as the "Liquid Petroleum Safety Act of Georgia", to provide for minimum storage facilities for licensees in this State; and for other purposes.
Referred to Committee on Industry and Labor.
HB 682. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to authorize the Mayor and Aldermen of Savannah to convey to Regents of University System of Georgia certain property; and for other purposes.
Referred to Committee on Educational Matters.
HB 694. By Messrs. Smith of Emanuel, Matthews and Cox of Clarke and others:
A bill to amend the act establishing a Retirement System for Teachers, to include employees of the University System, employed less than half time; and for other purposes.
Referred to Committee on Educational Matters.
HB 716. By Messrs. Hill of Tattnall, Echols of Upson and others:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", to provide inspection of school buses and for driver's examinations of school bus drivers; and for other purposes.
Referred to Committee on Educational Matters.
HB 718. By Mr. Gowen of Glynn:
A bill to provide a year's support allowance out of the proceeds of property under option; and for other purposes.
Referred to Committee on Judiciary.
HB 724. By Messrs. Orr of Wilkes, McKenna of Bibb and others:
A bill relating to the abandonment of children, to provide a person acquitted on ground that said person is not the parent of said child, cannot be retried; and for other purposes.
Referred to Committee on Judiciary.
WEDNESDAY, FEBRUARY 3, 1960
247
HB 744. By Messrs. Coalson of Polk, Busbee of Dougherty and others:
A bill providing that the clerk of the court in which a bill of exceptions is filed shall make a copy of such bill, with transcript of record in such case; and for other purposes.
Referred to Committee on Judiciary.
HB 745. By Messrs. Hodges and Parker of Ware:
A bill relating to the Engineering Experiment Station, to provide a central experiment station to be located at Georgia Institute of Technology; and for other purposes.
Referred to Committee on Rules.
HB 755. By Messrs. Carswell and Tucker of Burke and others:
A bill to provide that any person purchasing a used school bus shall repaint the same, and any person now using a used school bus repaint the same; and for other purposes.
Referred to Committee on Educational Matters.
HB 767. By Mr. Fowler of Douglas:
A bill to amend an act relating to application for a Use of Tax Stamps for Commercial Feeding stuffs; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 774. By Messrs. Lowrey of Floyd, Kelly of Jasper and others:
A bill to amend an act to provide that in addition to any authority granted the Commissioner of Agriculture, he may suspend or cancel licenses; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 775. By Messrs. Gowen and Killian of Glynn:
A bill to amend an act regulating credit unions, to provide a schedule of fees payable annually by Credit Unions to the Superintendent of Banks; and for other purposes.
Referred to Committee on Banking and Finance.
HB 784. By Mr. Hedden of Towns:
A bill incorporating the town of Young Harris, to reincorporate the town of Young Harris, to provide for municipal elections; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 802. By Mr. Story of Gwinnett: A bill to prohibit the use of the flag or State Emblem of Georgia, or
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the flag or emblem of the Confederate States of America for advertising purposes.
Referred to Committee on Judiciary.
HB 859. By Mr. Watson of Houston:
A bill to amend an act incorporating the municipality of Elberta, to change the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 860. By Mr. Watson of Houston:
A bill to provide a salary for the Tax Commissioner of Houston County, to provide for clerks for said Tax Commissioner and fix their salaries; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 870. By Messrs. Hodges and Parker of Ware:
A bill to amend an act so as to change the compensation of the coroners of certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 871. By Mr. Stuckey of Dodge:
A bill to amend an act to incorporate the Town of Rhine; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 872. By Mr. Stuckey of Dodge:
A bill to change the compensation of the ordinary of Dodge County from the fee and salary system to the salary system exclusively; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 874. By Mr. Miller of Elbert:
A bill to change the compensation of the sheriff of Elbert County from the fee system to the salary system; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 875. By Messrs. McClelland, Brooks and Smith of Fulton, Mackay, Rutland and McWhorter of DeKalb:
A bill to amend an act to establish a new charter for the City of Atlanta, relating to retired employees; and for other purposes.
Referred to Committee on County and Municipal Governments.
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249
HB 876. By Mr. Barrett of Cherokee:
A bill to amend an act incorporating the City of Holly Springs, to provide for two year terms for the Mayor and Councilmen; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 328. By Messrs. Blalock of Clayton and Ray of Warren:
A resolution to ratify, approve and confirm the executive order of the Governor, on collection of tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax; and for other purposes.
Referred to Committee on Rules.
HR 329. By Messrs. Blalock of Clayton and Ray of Warren:
A resolution to ratify, approve and confirm the executive order of the Governor, suspending tax imposed by Georgia Retailers' and Consumers' Sales and Use Tax Act; and for other purposes.
Referred to Committee on Rules.
HR 330. By Messrs. Ray of Warren and Blalock of Clayton:
A resolution to ratify, approve and confirm the executive order of the Governor, to allow the State Revenue Commissioner to suspend any tax accrued under the revenue laws; and for other purposes.
Referred to Committee on Rules.
The following bills and resolutions were read the second time:
SB 190. By Senator Pannell of the 43rd:
A bill changing the corporate limits of the City of Chatsworth, Georgia; and for other purposes.
SB 191. By Senator Pannell of the 43rd:
A bill granting a new charter to the City of Spring Branch so as to provide that an ad valorem tax not to exceed five mills may be levied; and for other purposes.
SB 192. By Senator Sanders of the 18th:
A bill to amend Sec. 6-810 of the Code; to provide for corrections, amendments or additions to the record, bill of exceptions, etc.; and for other purposes.
SB 193. By Senator Skelton of the 30th:
A bill to provide that the Board of Aldermen of the Town of Hartwell shall have the power of eminent domain; and for other purposes.
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SB 194. By Senator Sanders of the 18th:
A bill to define the procedure relative to the furnishing of the record of the Court of Appeals where application for certiorari is made to review its decision by the Supreme Court; and for other purposes.
SB 195. By Senators Sanders of the 18th:
A bill authorizing the use of a transcript of proceedings in lieu of a brief of evidence on motions for new trials, etc.; and for other purposes.
SB 196. By Senator Greer of the 6th:
A bill changing the provisions as to the markings of motor vehicles used by the Department of Public Safety; and for other purposes.
SB 197. By Senators Holton of the 46th; Redwine of the 26th; Pannell of the 43rd; and Greer of the 6th:
A bill to provide for the construction of Grade Separation Structures and the installation of automatic warning devices at crossings of public roads and railroad tracks; and for other purposes.
SB 198. By Senator Sanders of the 18th:
A bill relating to the change from the fee to the salary system in certain counties in Georgia having a population of not less than 108,000 inhabitants; and for other purposes.
SR 102. By Senator Pannell of the 43rd:
A resolution proposing an amendment to the Constitution so as to remove the provision requiring constitutional amendments to be submitted to the general election to which members of the General Assembly are elected; and for other purposes.
SR 103. By Senators Culpepper of the 7th and Sanders of the 18th:
A resolution proposing an amendment to the Constitution so as to establish and clarify provisions for the payment of contract obligations; and for other purposes.
SR 104. By Senators Wright of the 42nd; Carlisle of the 51st; and Jernigan of the 5th:
A resolution authorizing the Georgia Academy for the Blind and the Georgia School for the Deaf to purchase, maintain and use a passenger carrying station wagon motor vehicle at each institution; and for other purposes.
HB 591. By Messrs. Smith of Emanuel, Cheatham of Chatham and others:
A bill to amend an act known as the "General Appropriations Act", to change the provision relating to committee rooms and offices of the legislative branches of government; and for other purposes.
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251
HB 608. By Messrs. Ross of Lincoln, Twitty of Mitchell and others:
A bill to amend an act known as the "Statewide Probation Act, if a probation is revoked and sentence imposed, time under probation shall apply on original sentence; and for other purposes.
HB 649. By Messrs. Twitty of Mitchell, Smith of Emanuel, Ray of Warren and others:
A bill to transfer the Alcoholism Commission to the Department of Public Health; to repeal conflicting laws; and for other purposes.
HB 699. By Messrs. Ray of Warren and Blalock of Clayton:
A bill to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act, to provide limitations for making assessments of taxes thereunder; and for other purposes.
HB 704. By Messrs. Blalock of Clayton and Ray of Warren:
A bill authorizing the State Revenue Commissioner to establish units or divisions within the department, to designate directors, delegate duties; and for other purposes.
HB 719. By Messrs. Musgrove of Clinch and Caldwell of Upson:
A bill to amend an act relating to the Game and Pish Commission; to delete payment to wildlife ranger of subsistence allowance; and for other purposes.
HB 722. By Mr. Gowen of Glynn:
A bill to provide that a widow shall have no right of dower in land under option to purchase to which she consented in writing prior to the death of her husband; and for other purposes.
HB 741. By Mr. Matthews of Colquitt:
A bill to amend an act regulating the sale of fireworks, to remove certain exceptions to said act; and for other purposes.
HB 772. By Messrs. Duncan and Craven of Carroll:
A bill to amend an act known as the soil conservation districts law, to provide eminent domain to soil districts for acquiring easements; and for other purposes.
HB 799. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A bill to amend the General Appropriations Act to provide additional authorization for funds to be made available to certain agencies when there is sufficient income; and for other purposes.
Mr. Lindsey of the llth District, Secretary of the Committee on Agriculture 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 bill of the House and has instructed me as Secretary, to report the same back to the Senate with the following recommendation:
HB 681. Do Pass.
Respectfully submitted,
Lindsey of llth District, Secretary.
Mr. 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 Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 176. Do Pass. SB 178. Do Pass. SB 179. Do Pass. SB 183. Do Pass. SB 185. Do Pass. SB 186. Do Pass. HB 640. Do Pass. HB 662. Do Pass. HB 663. Do Pass. HB 666. Do Pass. HB 670. Do Pass. HB 674. Do Pass. HB 675. Do Pass. HB 677. Do Pass. HB 678. Do Pass. HB 685. Do Pass. HB 706. Do Pass. HB 729. Do Pass. HB 735. Do Pass. HB 738. Do Pass. HB 739. Do Pass. HB 748. Do Pass. HB 750. Do Pass.
WEDNESDAY, FEBRUARY 3, 1960
253
HB 754. Do Pass. HB 759. Do Pass. HB 760. Do Pass. HB 763. Do Pass. HB 766. Do Pass. HB 770. Do Pass. HB 771. Do Pass. HB 777. Do Pass. HB 794. Do Pass, as Amended. HB 795. Do Pass. HB 797. Do Pass. HB 801. Do Pass. HB 806. Do Pass. HB 812. Do Pass. HB 814. Do Pass, by Substitute. HB 815. Do Pass. HB 816. Do Pass. HB 821. Do Pass. HB 822. Do Pass. HB 823. Do Pass. HB 824. Do Pass. HR 284. Do Pass.
Respectfully submitted, Brown of 52nd District, Chairman.
Mr. 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:
HR 321. Do Pass.
HR 323. Do Pass.
HR 339. Do Pass.
HR 316. Do Pass.
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HB 683. Do Pass. HB 639. Do Pass. HE 333. Do Pass. HR 337. Do Pass. HR 338. Do Pass. HR 335. Do Pass. HB 711. Do Pass. HR 325. Do Pass. HB 725. Do Pass. HR 324. Do Pass. HR 334. Do Pass. HR 286. Do Pass. HR 285. Do Pass. HB 852. Do Pass. HR 336. Do Pass. SB 182. Do Pass.
Respectfully submitted,
Vaughn of 34th District, Secretary.
Mr. 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 consideration 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:
SR 100. Do Pass.
HB 646. Do Pass.
HB 651. Do Pass.
Resepctfully submitted,
Clary of 29th District, Chairman.
Mr. 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
WEDNESDAY, FEBRUARY 3, 1960
255
following resolution of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HR 369. Do Pass, as Amended.
Resepctfully submitted,
Jernigan of 5th District, Chairman.
Mr. Greer of the 6th District, Secretary of the Committee on Government 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 Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SR 101. Do Pass.
HB 660. Do Pass.
Resepctfully submitted,
Greer of 6th District, Secretary.
Mr. Brooks of the 23rd District, Chairman of the Committee on Banking and Finance, submitted the following report:
Mr. President:
Your Committee on Banking and Finances 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 712. Do Pass.
Resepctfully submitted,
Brooks of 23rd District, Chairman.
The following local uncontested bills were read the third time and put upon their passage:
SB 176. By Senator Brown of the 52nd:
A bill to provide how tax returns shall be made and how digests shall be prepared in counties having a population of 300,000 or more, according to the United States Census of 1950 or any future United States Census; 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.
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JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed.
SB 178. By Senator Ramsey of the 1st:
A bill to authorize and empower Chatham County, Georgia, by and through its county commissioners and ex-officio judges thereof, to provide, construct and/or maintain in the territory of said county, outside the corporate limits of any municipality therein, a system or systems of fire departments for fire protection; 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 179. By Senator Ramsey of the 1st:
A bill to authorize and empower Chatham County, Georgia, by and through its county commissioners and ex-officio judges thereof, to provide, construct and/or maintain in the territory of said county outside the limits of incorporated municipalities, a system or systems of waterworks and/or sewerage and/or sanitation; 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 183. By Senator Skelton of the 30th:
A bill to amend an act creating the office of Commissioner of Roads and Bridges for Hart County, approved March 9, 1959 (Ga. Laws 1959, p. 2580), so as to change the salary of the Commissioner of Roads and Bridges; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SR 96. By Senator Clary of the 29th:
A resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court of McDuffie County, Georgia; and for other purposes.
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257
The report 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.
SB 185. By Senator Dykes of the 2nd:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the county of Liberty, approved March 12, 1935, (Ga. Laws 1935, p. 717), as amended, so as to increase the number of Commissioners; to change the road districts; to provide for election districts; 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 aeys were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 186. By Senator Dykes of the 2nd:
A bill providing for the compensation of the sheriff and clerk of the superior court of Liberty County, approved February 16, 1955, (Ga. Laws 1955, p. 2340), as amended, so as to change the compensation of full time deputy sheriffs; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passsed.
HB 640. By Mr. Boggs of Madison: A bill to provide authority for the city of Colbert, through governing authority to close a certain portion of an alley for street 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 662. By Mr. Deen of Bacon: A bill to amend an act creating a new charter for the City of Alma, to change the corporate 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 663. By Mr. Parker of Screven:
A bill to provide that the Ordinary of Screven County be placed 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 666. By Mr. Parker of Screven:
A bill to abolish the offices of tax collector of Screven County and consolidate said offices into the office of 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 670. By Mr. Parker of Screven: A bill to provide that the clerk of the superior court of Screven County be placed on 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 674. By Mr. Parker of Screven: A bill to provide that the sheriff of Screven County be placed 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 36, nays 0.
WEDNESDAY, FEBRUARY 3, 1960
259
The bill, having received the requisite constitutional majority, was passed.
HB 675. By Mr. Kimmons of Pierce:
A bill to amend an act consolidating and renewing the charter of the Town of Patterson, to change the name to City of Patterson; and for other purposes.
The report 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 677. By Messrs. Bostick and Branch of Tift:
A bill to amend the charter of the City of Tifton, to provide compensation for the 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 678. By Mr. Baughman of Early:
A bill to create and incorporate the City of Blakely in lieu of the Town of Blakely; and for other purposes.
The report 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 685. By Messrs. Andrews and Williams of Hall:
A bill to authorize the governing authority of Hall County to supplement salary of judge of the superior court within the Northeastern 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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HB 706. By Mr. Bynum of Rabun:
A bill to grant a new charter to the City of Clayton, to define corporate limits, to provide for a Mayor and Council, 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 729. By Mr. Lott of Berrien: A bill to incorporate the City of Ray 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 738. By Messrs. McClelland, Brooks and Smith of Fulton and others:
A bill to amend an act to establish a new charter for the City of Atlanta relating to retirement for members of the Fire Department; and for other purposes.
The report 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 739. By Messrs. McClelland, Brooks and Smith of Fulton and others: A bill to amend an act to provide a pension for members of the Police Departments in cities having a population of 150,000 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 748. By Mr. Watson of Houston: A bill to provide for the holding of four terms of the Superior Court of Houston County; and for other purposes.
WEDNESDAY, FEBRUARY 3, 1960
261
The report 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 750. By Mr. Strickland of Evans:
A bill to amend an act creating a new charter for the City 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 754. By Messrs. Kidd and Chandler of Baldwin:
A bill to provide that in all of this State having population between 29,000 and 30,250, holding primary for nomination of candidate for office shall declare person receiving the plurality of votes as the nominee; and for other purposes.
The report 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 759. By Messrs. Reed, Willingham and Holcombe of Cobb:
A bill to create a new charter for the City of Smyrna, 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 760. By Messrs. McCown and Coalson of Polk: A bill to authorize certain counties to establish and maintain a law library for the use of the judges, solicitors and other officers of the courts; 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 36, nays 0.
The bill, having received the requisite constitutional majoirty, was passed.
HB 763. By Mr. Steis of Harris:
A bill incorporating the Town of Waverly Hall, to provide for the levy and collection of an additional tax not to exceed one mill for the purpose of providing fire protection; and for other purposes.
The report 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 766. By Mr. Smith of Lamar:
A bill to change the compensation of the sheriff, the ordinary and the clerk of the superior court of Lamar County from the fee 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 770. By Messrs. Smith and Winkle of Whitfield:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of the County of Whitfield; to change the method of appointment of Advisory 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 771. By Mr. Tamplin of Morgan: A bill to change the compensation of the sheriff, clerk of the Superior Court, Ordinary, Tax Collector and Tax Receiver of Morgan County from a fee to a 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 28, nays 0.
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263
The bill, having received the requisite constitutional majority, was passed.
HB 777. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act to establish the Criminal Court of Atlanta, to increase salary of the First Assistant Solicitor General and each of the Assistant Solicitors General of the Criminal Court 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 795. By Messrs. Matthews and Cox of Clarke:
A bill to amend the charter of the Town of Athens, so as to extend the terms of office of the mayor and alderman; and for other purposes.
The report 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 797. By Messrs. Matthews and Cox of Clarke:
A bill to amend the charter of the Town of Athens, appearance of any defendant in the Recorder's Court for the City of Athens; and for other purposes.
The report 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 801. By Messrs. Fleming, Fuqua and Edwards of Richmond: A bill to amend an act to change from a fee to a salary system in certain counties, the salary of the sheriff, the ordinary, the tax commissioner, deputy sheriffs and assistants; and for other purposes.
The report 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.
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HB 806. By Mr. Brackin of Seminole:
A bill to amend an act creating a new charter for the City of Donalsonville, to provide for Board of Tax Assessors, 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 812. By Messrs. Smith and Winkle of Whitfield: A bill incorporating the City of Dalton, to close Brooks Alley, a portion of Gaston Street (Mary Street,) Thornton Alley and Ken Alley, the conveyance of said streets and alleys to abutting property owners; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 815. By Mr. Watson of Houston: A bill to amend an act creating a Board of County Commissioners for the County of Houston; and for other purposes.
The report 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 816. By Mr. Watson of Houston:
A bill to abolish the offices of Tax Receiver and Tax Collector of Houston County and consolidate into office of tax commissioner of Houston County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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265
HB 814. By Mr. Dorminy of Ben Hill:
A bill to amend an act relating to the charter of the City of Fitzgerald; 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 amending and revising the charter for the City of Fitzgerald and entitled, "An Act to amend an Act to incorporate the City of Fitzgerald and establishing the new charter therefor, approved August 22, 1907, and the several Acts amendatory thereof"; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act amending and revising the charter for the City of Fitzgerald and entitled, "An Act to amend an Act to incorporate the City of Fitzgerald and establishing the new charter therefor, approved August 22, 1907, and the several Acts amendatory thereof" is amended by striking therefrom Section 2 in its entirety and inserting in lieu thereof a new Section 2 which shall read as follows:
"Section 2. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act the inhabitants of the territory embraced in the following territory, to-wit: Beginning at the southwest corner of Five Acre Tract No. 1289 in Land Lot No. 92 in the Third Land District of Ben Hill County, Georgia, and running thence north along the west original line of Five Acre Tract No. 1289 to the northwest corner of Five Acre Tract No. 1289; thence west along the south original line of Five Acre Tract No. 1313 to the west line of Five Acre Tract No. 1313; thence north along the west original line of Five Acre Tracts Nos. 1313 and 1314 to the northwest corner of Five Acre Tract No. 1314 and the south line of Land Lot No. 119 in the Third District; thence west along the south original line of Five Acre Tracts Nos. 402, 403 and 404 to the west line of Five Acre Tract No. 404; thence north along the west original lines of Five Acre Tracts Nos. 404, 415, 432 and 443 to the south original line of Five Acre Tract No. 461; thence west along the south original line of Five Acre Tracts Nos. 461 and 462 to the southwest corner of Five Acre Tract No. 462; thence west along the south original line of Five Acre Tract No. 463 a distance of 66 feet; thence running north parallel with and 264 feet east of the west original line of said Five Acre Tract 463 to the north original line of said Five Acre Tract No. 463; thence east along the north original lines of Five Acre Tracts Nos. 463, 462, 461 and 460 to the northeast corner of Five Acre Tract No. 460; thence north along the west original lines of Five Acre Tracts Nos. 472 and 487 to the northwest corner of Five Acre Tract No. 487 and the south line of Land Lot No. 122 in the Third District; thence east along the north original lines of Five Acre Tracts Nos. 487, 486, and 485 to the northeast corner of Five Acre Tract No. 485; thence north along the west
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original lines of Five Acre Tracts Nos. 503 and 512 to the northwest corner of Five Acre Tract No. 512; thence east along the north original lines of Five Acre Tracts Nos. 512 and 511 to the northeast corner of Five Acre Tract No. 511; thence north along the west original lines of Five Acre Tracts Nos. 533 and 538 to the northwest corner of Five Acre Tracts No. 538; thence east along the north original lines of Five Acre Tracts Nos. 538 and 537 to the northeast corner of Five Acre Tract No. 537; thence east along the south original line of Five Acre Tract No. 563 a distance of 76 feet; thence north into Five Acre Tract No. 563 a distance of 295 feet to an established corner; thence west a distance of 66 feet to an established corner; thence north a distance of 258 feet to an established corner; thence east a distance of 320 feet to the east original line of Five Acre Tract No. 563 and the west original line of Land Lot No. 121 in the Third District; thence south along the east original line of Five Acre Tract No. 563 to the northwest corner of Five Acre Tract No. 832; thence east along the north original line of Five Acre Tract No. 832 to the northeast corner of Five Acre Tract No. 832; thence south along the east original line of Five Acre Tract No. 832 to the southeast corner of Five Acre Tract No. 832; thence east along the north original lines of Five Acre Tracts Nos. 834, 875 and 876 to the northeast corner of Five Acre Tract No. 876; thence north along the west original lines of Five Acre Tracts Nos. 917, 916, 915 and 914 to the northwest corner of Five Acre Tract No. 914; thence east .along the north original line of Five Acre Tract No. 914 to the northeast corner of Five Acre Tract No. 914; thence south along the east original lines of Five Acre Tracts Nos. 914, 915 and 916 to the southeast corner of Five Acre Tract No. 916; thence east along the north original line of Five Acre Tract No. 920 to the northwest corner of Five Acre Tract No. 959; thence south along the west original line of Five Acre Tract No. 959 a distance of 227 feet; thence running east parallel with and 103 feet north of the south original line of Five Acre Tract No. 959 to the east original line of Five Acre Tract No. 959 and the west original line of Land Lot No. 300 in the Fourth District; thence running south along the east original line of Five Acre Tract No. 959 to the northwest corner of Five Acre Tract No. 961; thence east along the north original lines of Five Acre Tracts Nos. 961 and 1006 to the southwest corner of Five Acre Tract No. 1008, thence north along the west original line of Five Acre Tract No. 1008 to the northwest corner of Five Acre Tract No. 1008; thence east along the north original lines of Five Acre Tracts Nos. 1008 and 1042 to the northeast corner of Five Acre Tract No. 1042; thence south along the east original line of Five Acre Tract No. 1042 to the northwest corner of Five Acre Tract No. 1097; thence east along the north original lines of
Five Acre Tracts Nos. 1097 and 1098 to the northeast corner of Five Acre Tract No. 1098; thence south along the east original lines of Five Acre Tracts Nos. 1098, 1109, 1111, 1122 and on into Land Lot No. 301 in the Fourth District and along the east original lines of Five Acre Tracts Nos. 1125, 1136, 1139, 1149, 1154, 1163 and 1168 to the southeast corner of Five Acre Tract No. 1168; thence running west along the south original boundary lines of Five Acre Tracts Nos. 1168, 1167 and 1166 to a point
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intersecting the east boundary of Five Acre Tract No. 1172; thence running south along the east boundary of Five Acre Tract No. 1172 to the south original lines of Land Lot No. 301; thence running west along the south boundary of Land Lot No. 301 to a point intersecting the east boundary of Five Acre Tract No. 1176, thence running north along the east boundary of Five Acre Tract No. 1176 to the southeast corner of Five Acre Tract No. 1175; thence west in the Third Land district along the south boundary of Five Acre Tracts Nos. 1175, 1202, 1203, 1230, 1231 and 1258 to the southwest corner of Five Acre Tract No. 1258; thence south along the east original line of Five Acre Tract No. 1259 to the southeast corner of Five Acre Tract No. 1259; thence running west along the south original line of Five Acre Tract No. 1259 into Land Lot 92 in the Third District and continuing along the south original line of Five Acre Tract No. 1259 to the southwest corner of said Five Acre Tract No. 1259; thence along the south line of Five Acre Tract No. 1286 a distance of 396 feet; thence running south on a line parallel with the west line of Five Acre Tract No. 1285 a distance of 330 feet to the south line of Five Acre Tract No. 1285; thence running west along the south line of Five Acre Tract No. 1285 to the southwest corner of Five Acre Tract No. 1285; thence running south along the east line of Five Acre Tract No. 1289 to the Southeast corner of said Five Acre Tract No. 1289; thence running west along the south line of Five Acre Tract No. 1289 to the southwest corner of said Five Acre Tract No. 1289 and to the point of beginning; all of which said Five Acre Tracts are a part of the survey of the American Tribune Soldier's Colony Company platted and now of record in the office of Clerk of the Superior Court of Irwin County, Georgia, and being portions of Land Lots Nos. 91, 92, 119, 121 and 122 in the Third Land District of Ben Hill County, Georgia, and portions of Land Lots Nos. 300 and 301 in the Fourth Land District of Ben Hill County, Georgia, and all of Land Lot No. 120 in the Third Land District of Ben Hill County, Georgia; there is excluded from the territory embraced in the above described territory of the City of Fitzgerald, Georgia, all of Five Acre Tracts Nos. 416, 417, 418, 419, 420, 427, 428, 429, 430, 431, 445 and 446 in Land Lot 119 in the the Third Land District of Ben Hill County, Georgia, and said Five Acre Tracts and the land embraced within said Five Acre Tracts are not within the city limits of the City of Fitzgerald, Georgia; the said inhabitants are hereby continued under the name and style of 'City of Fitzgerald,' and the said city is hereby chartered and incorporated under the name and style of 'City of Fitzgerald,' and by that name shall have perpetual succession, and is hereby vested with all the rights, powers titles property, easements and hereditaments within or without its corporate limits, now belonging to the City of Fitzgerald, incorporated by an Act approved August 22, 1907, and the amendments thereto, and shall be and is hereby vested in the said city of Fitzgerald, as continued under this Act. And the said city of Fitzgerald, may, by its corporate name, sue and be sued, contract and be contracted with, plead and be impleaded, and have and use a common seal, make and enact through its mayor and council such ordinances and by-laws, rules, resolutions and regulations for the transaction of its business and the
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welfare and proper government of said city and its people as to said mayor and council may seem best, and which shall be consistent with the provisions of this charter, the laws of this State and of the United States, and that the said city of Fitzgerald shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for a term of years any property, estate or estates, real or personal, tenements and hereditaments of whatever kinds, and within or without the limits of said city for corporate purposes. Said city of Fitzgerald shall succeed to all rights of, and is hereby made responsible as a body corporate for all of the legal debts, liabilities and undertakings of the city of Fitzgerald, and its mayor and aldermen as a body corporate, heretofore incorporated by an Act approved August 22, 1907."
Section 2. Said Act is further amended by striking therefrom Section 9 in its entirety and inserting in lieu thereof a new Section 9 which shall read as follows:
"Section 9. Be it further enacted by the authority aforesaid, That at the next election, which is to be held on the third Tuesday in December, 1960, the alderman from the First Ward shall be elected for a term of two (2) years and until his successor is elected and qualified; and the aldermen from the Second, Third and Fourth Wards shall be elected for terms of three (3) years, and until their successors are elected and qualified. Thereafter, aldermen from wards shall be elected for a term of three (3) years and until their successors are elected and qualified. At the election to be held on the third Tuesday in December, 1961, there shall be elected five (5) aldermen from the city at large. The three (3) aldermen receiving the largest number of votes shall be elected for a term of three (3) years or until their successors are elected and qualified; the two (2) aldermen receiving the next larger number of votes shall be elected for a term of one (1) year and until their successors are elected and qualified. Thereafter, aldermen at large shall be elected for a term of three (3) years and until their successors are elected and qualified. All of said aldermen shall be elected by the qualified voters of the city at large; and the said aldermen shall receive for their services three hundred ($300.00) dollars per year, to be paid monthly."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
NOTICE OF INTENTION TO APPLY FOR LOCAL LEGISLATION.
In conformity and compliance of provisions of Article III, Section VII, Paragraph XV of the Constitution of Georgia, and which is codified as section 2-1915 of the Code of Georgia Annotated of 1933, notice is hereby given that there will be introduced in the General Assembly of the State of Georgia at its regular session convening in January 1960 a local or special bill affecting the City of Fitzgerald, the title or caption of which reads as follows:
"An Act to amend an Act amending and revising the Charter for the City of Fitzgerald and entitled, 'An Act to amend an Act to incorporate the City of Fitzgerald and establishing the new
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charter therefor, approved August 22, 1907, and the several Acts amendatory thereof,' and for other purposes."
This llth day of December, 1959.
A. B. C. Dorminy, Jr. Representative for Ben Hill County, Georgia
GEORGIA, BEN HILL COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. B. C. Dorminy, Jr., who, on oath, deposes and says that he is representative from Ben Hill County, and that the foregoing copy of notice of intention to introduce local legislation was published in The Fitzgerald Leader, which is the official organ of said county, on the following dates: December 17, 1959, December 24, 1959 and December 31, 1959.
A. B. C. Dorminy, Jr. Representative for Ben Hill County, Georgia
Sworn to and subscribed before me this 30th day of January, 1960.
J. W. McDonald (Seal) Notary Public My Commission expires May 21, 1962.
On the adoption of the substitute, the ayes were 28, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 821. By Messrs. Alien and Fordham of Bulloch:
A bill to amend an act creating Board of Commissioners of Roads and Revenues for Bulloch County, to change compensation of chairman and clerk; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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HB 822. By Messrs. Alien and Fordham of Bulloch:
A bill to provide that the ordinary of Bulloch County be placed on a salary basis in lieu of 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 823. By Messrs. Alien and Fordham of Bulloch:
A bill to amend an act relating to the offices of Tax Collector and Tax Receiver of Bulloch 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 824. By Messrs. Alien and Fordham of Bulloch:
A bill to change the compensation of the sheriff of Bulloch County from the fee system to salary 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 281. By Messrs. Undercofler and Jones of Sumter:
A resolution authorizing and directing the State Librarian to furnish Sumter County with 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.
HB 794. By Messrs. Matthews and Cox of Clarke:
A bill to amend an act so as to provide that the Mayor and Council of the City of Athens shall be empowered to levy and collect for the
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271
ordinary current expense of said municipal corporation; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend Section 1, by striking the numerals "42-4103" and inserting in lieu thereof the numerals "92-4103".
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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following general bills, favorably reported by the committees, were read the third time and put upon their passage:
SB 158. By Senator Greer of the 6th:
A bill providing the maximum gross weight limitation on roads not part of the State Highway 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 26, nays 7.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Greer gave notice that at the proper time he would ask the Senate to reconsider its action.
SB 173. By Senators Sanders of the 18th, Culpepper of the 7th and Greer of the 6th:
A bill to provide for the licensing and regulation of collection agencies; to describe collection agencies; to provide for the filing of a bond by collection agencies for the protection of the public; to provide for the issuance of licenses to engage in the business of collecting debts and accounts; to provide for revocation of such permits; and for other purposes.
Senator Sanders of the 18th offered the following amendment:
Amend Senate Bill No. 173, as follows: By adding after the title thereof and before Section 1 the words "Be it enacted by the General Assembly of Georgia."
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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 39, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The president pro tempore appointed as a committee of escort on the part of the Senate for Rev. Louie D. Newton the following:
Senators Lanier of the 20th, Brown of the 52nd and Holt of the 54th.
The hour for convening the joint session of the Senate and House having arrived, the president pro tempore accompanied by the secretary and senators proceeded to the 'hall of the House of Representatives and the joint session called, for the purpose of hearing an address by Rev. Louie D. Newton, pastor Druid Hills Baptist Church, Atlanta, Georgia, was called to order by the Speaker of the House.
The Rev. Louie D. Newton, accompanied by the committee of escort and other distinguished guests, appeared on the floor of the House.
The resolution authorizing the joint session of the Senate and House was read by the Secretary.
The Speaker of the House presented Rev. Louie D. Newton to the General Assembly.
Rev. Louie D. Newton addressed the General Assembly as follows:
GOVERNOR VANDIVER, LIEUTENANT GOVERNOR BYRD, MR. SPEAKER, AND MEMBERS OF THE GENERAL ASSEMBLY AND DISTINGUISHED GUESTS:
Your gracious gesture in calling this Joint Session of the General Assembly on behalf of the Chapel of All Faiths at Milledgeville State Hospital will gladden the hearts of our 13,000 fellow-Georgians who are now patients in the Hospital, as it will the Staff of Dr. I. H. MacKinnon, and all the people of Georgia, and we thank you.
Let me emphasize the central motive in this undertaking that of meeting a distinct need of these 13,000 neighbors in the State Hospital. They need a place of worship, and we will not forget the wise words of Plato:
"If the head and body are to be well, You must begin by curing the soul.
The Chapel of All Faiths will be a symbol of faith and hope for the thousands who are now awaiting physical and spiritual help at Milledgeville, and it will stand there as a symbol of faith and hope for those who may need such help in all the generations that come after us.
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273
When Governor and Mrs. Vandiver visited the Hospital last summer and talked with many of the patients and Staff, they reported to the people of Georgia the need of a center of worship. For 119 years the Hospital has needed a center of worship, but all that could be offered was an improvised space, never intended for such vital purpose.
The Governor might have turned to the General Assembly with the request that funds be earmarked for a center of worship, and it would have been provided; but he felt that other pressing needs at the Hospital would claim your attention at this time. And the Governor felt that perhaps it would be a fine thing if the people would claim the privilege of giving their neighbors this center of worship as an expression of understanding and friendly response to their need.
When the Governor invited me to form a committee of religious, civic and business leaders to sponsor this undertaking, he emphasized its importance by saying: "It is my hope and conviction that the people of Georgia will gladly respond to this need, to the glory of God."
I am happy to report to you today that every person invited to membership on our committee accepted immediately, and we went to work on September 4, 1959, in unanimous commitment to the ideal and purpose of building the Chapel of All Faiths for the patients of all faiths, to the glory of God. For the record, I herewith list the members of our committees:
Sponsoring Committee
CHAPEL OF ALL FAITHS Milledgeville State Hospital Milledgeville, Georgia
Honorary Chairmen
Chairman
Treasurer
Governor Ernest Vandiver Louie D. Newton
Mr. Mills B. Lane
Senator Richard B. Russell 1085 Ponce de Leon Ave., C&S National Bank
Senator Herman E. Talmadge N.E. Lt. Governor Garland T. Byrd Atlanta 6, Georgia
Atlanta 3, Georgia
Dr. Thomas Fort Sellers
Building Committee Mr. William A. Fickling,
Chairman
Mr. William N. Banks Mrs. E. L. Barnes Dr. Harry Berry Mr. Frank Bone Mr. W. E. Bostwick Dr. Harmon W. Caldwell Mr. Cason V. Callaway Mr. Alvah Chapman Bishop Randolph R.
Claiborne
Dr. Charles R. Clegg Mrs. Gladys Darling Mr. John W. Dent Mr. Newell Edenfield Mr. Ralph N. Edwards Rabbi Harry H. Epstein
Mr. William A Fickling Mrs. E. D. Fulcher Mr. Frank Gaither Dr. Searcy S. Garrison Dr. Arthur Vann Gibson Dr. Howard P. Giddens Mr. Peyton S. Hawes Bishop Francis E. Hyland Dr. John W. Hughston Dr. John J. Hurt, Jr. Mr. Culver Kidd
Mr. Mills B. Lane, Jr. Dr. I. H. MacKinnon Dr. James Ross McCain Mr. Ben Massell
Bishop Arthur J. Moore Mr. John L. Moore, Jr. Mr. Henry G. Neal Mrs. J. R. Pinson, Jr. Mr. Homer Rankin Rabbi Jacob M. Rothschild Dr. William Rottersman Dr. C. Hoke Sewell Mr. John A. Sibley Mr. A. Julian Strickland Mr. W. D. Trippe Mr. William Turner Dr. John H. Venable Dr. Luther Wolff Dr. Raymond D. Wood
Architects Bothwell & Nash
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We have proceeded in this undertaking with three clearly defined developments: first, the established need for a center of worship; second, carefully prepared plans for The Chapel; third, widespread enthusiasm on the part of Georgians of all faiths.
We now face the fourth step, namely, getting the money with which to build the Chapel. The architects estimate that it will require approximately $800,000 to build and furnish this beautiful and substantial structure which, under one roof, will minister to every patient in the Hospital. Beginning Sunday, February 7, every church and synagogue in Georgia is asked to contribute on the basis of at least one dollar for every member to The Chapel of All Faiths Fund. Mr. Mills B. Lane is Treasurer of the Fund, and will pay out the money on proper requisitions from the Chairman of the Building Committee of the Chapel, Mr. William A. Fickling.
We hope to have the name of every donor to the Fund in the Book of Remembrance which will be placed in The Chapel when it is completed.
Again, let me thank Governor Vandiver, Lieutenant Governor Byrd, the members of the General Assembly, and all other Georgians for your cooperation in giving to build The Chapel of All Faiths for our 13,000 fellow-Georgians at Milledgeville State Hospital, to the glory of God.
Senator Culpepper of the 7th moved that the joint session be now dissolved.
The motion prevailed and the Speaker of the House 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.
SB 184. By Senators Jernigan of the 5th, Smith of the 4th, Marshburn of the 33rd and others:
A bill to provide that tax funds of Georgia may be used or applied on any prior service of credit allowed while teaching outside 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 33, 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 650. By Messrs. Twitty of Mitchell, Smith of Emanuel, Ray of Warren, Cox of Clarke and others: A bill to establish a Prison Industries Administration to conduct a prison industries program; and for other purposes.
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275
Senator Culpepper of the 7th moved that the Senate insist on its position and a Committee of Conference be appointed.
The motion prevailed and the president appointed as a Committee of Conference on the part of the Senate the following:
Senators Nixon of the 35th, Marshall of the 28th and Greer of the 6th.
The following bill was taken up for the purpose of considering House action thereto:
HB 655. By Messrs. Twitty of Mitchell, Smith of Emanuel and Ray of Warren:
A bill to revise statute on prison industry goods, including requirement that all political subdivisions supported by State funds give preference when buying goods made by prison labor; and for other purposes.
Senator Culpepper of the 7th moved that the Senate insist on its position and a Committee of Conference be appointed.
The motion prevailed and the president appointed as a Committee of Conference on the part of the Senate the following:
Senators Nixon of the 35th, Marshall of the 28th and Greer of the 6th.
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.
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 32, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 369. By Mr. Busbee of Dougherty:
A resolution to create the General Assembly Committee on Schools, to designate the membership, to define the duties thereof; and for other purposes.
The Committee on Educational Matters offered the following amendment:
Amend HR 369 by striking the words "and the Alumni Society of the University of Georgia" and inserting in lieu thereof "the Alumni Society of the University of Georgia; two members of the Senate to be appointed by the President and four members of the House of Representatives to be appointed by the Speaker."
On the adoption of the amendment, the ayes were 39, nays 0, and the amendment was adopted.
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Senators Greer of the 6th, Carlisle of the 51st and Culpepper of the 7th offered the following amendment:
Amend HR 369 by striking out of paragraph 7 thereof the following words: "bound by the views of the Supreme Court on the subject."
On the adoption of the amendment, the ayes were 42, 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 as amended.
On the adoption of the resolution, the ayes were 41, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
Senator Culpepper of the 7th asked unanimous consent that HR 369 be immediately transmitted to the House.
The consent was granted.
HB 712. By Messrs. Fuqua of Richmond and Walker of Lowndes:
A bill to amend the Banking Law of Georgia so as to provide for the establishment and operation of bank offices and bank facilities; to limit the number of bank offices and bank facilities 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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 681. By Messrs. Hall of Floyd, Tamplin of Morgan, Newton of Colquitt, and others:
A bill to amend an act relating to the compensation of the Commissioner of Agriculture, so as to change the compensation 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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277
HR 81. By Messrs. Keever, Bradley of Bartow, Bolton of Spalding, Scoggin, Hall of Ployd, and many others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the granting of State funds to municipalities; 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 II of the Constitution is hereby amended by adding at the end thereof a new paragraph, to be known as Paragraph VI, which shall read as follows:
"Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for the granting of State funds to the municipalities of Georgia, in such manner and form and under such procedure as the General Assembly may prescribe. The General Assembly is also authorized, but not directed, to provide the purpose or purposes for which such funds may be expended by the municipalities. The General Assembly is hereby authorized to exercise the power of taxation over the entire State in order to carry out the provisions of this Paragraph."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the General Assembly to provide by law for the granting of State funds to municipalities.
"Against ratification of amendment to the Constitution so as to authorize the General Assembly to provide by law for the granting of State funds to municipalities."
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
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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 Breedlove Brown Buff Cannon Carlisle Clary Crowe Culpepper Darby Drew Dykes Greer Hays Holton
Home Jernigan Kennedy Kiker Land Lanier Lindsey of llth Lindsey of 53rd Livingston Marshburn Mercer Mobley McGill Nixon Pannell
Perry Purcell Ramsey Redwine Roach Sanders Screws Shaw Skelton Smith Vaughn Watson Woodall Wright
By unanimous consent, 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 two-thirds majority, was adopted.
HE 300. By Messrs. Gowen of Glynn, Smith of Emanuel and Twitty of Mitchell:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the payment for taking or damaging private property for public road and street purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article I, Section III, Paragraph I of the Constitution is hereby amended by striking the period at the end thereof and inserting in lieu thereof a comma, and by adding the following language:
"except that when private property is taken or damaged for public road and street purposes by the State and the counties and the municipalities of the State, just and adequate compensation
WEDNESDAY, FEBRUARY 3, 1960
279
therefor need not be paid until the same has been finally fixed and determined as provided by law, but such just and adequate compensation shall then be paid in preference to all other" obligations except bonded indebtedness. The General Assembly may by law require the condemnor to make prepayment against adequate compensation as a condition precedent to the exercise of the right of eminent domain and provide for the disbursement of the same to the end that the, rights and equities of the property owner, lien holders and the State and its subdivisions may be protected."
so that when so amended, said Paragraph I shall read as follows:
"Paragraph I. In case of necessity, private ways may be granted upon just compensation being first paid by the applicant. Private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid, except that when private property is taken or damaged for public road and street purposes by the State and the counties and the municipalities of the State, just and adequate compensation therefor need not be paid until the same has been finally fixed and determined as provided by law, but such just and adequate compensation shall then be paid in preference to all other obligations except bonded indebtedness. The General Assembly may by law require the condemnor to make prepayment against adequate compensation as a condition precedent to the exercise of the right of eminent domain and provide for the disbursement of the same to the end that the rights and equities of the property owner, lien holders and the State and its subdivisions may be protected."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes"and"Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia in 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 payment for taking or damaging private property for public road and street purposes.
"Against ratification of amendment to the Constitution so as to provide for the payment for taking or damaging private property for public road and street purposes."
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
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JOURNAL OF THE SENATE,
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 Breedlove Brown Buff Cannon Carlisle Clary Crowe Culpepper Drew Dykes Greer Hays Holton
Home Jernigan Kiker Land Lanier Lindsey of llth Livingston Mercer Mobley McGill Nixon Pannell Perry Purcell
Ramsey Redwine Roach Sanders Screws Shaw Skelton Smith Vaughn Watson Woodall Wright
By unanimous consent, 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 majority, was adopted.
HR 331. By Messrs. Fowler of Douglas and Wells of Oconee:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the promotion of the production, marketing, sale, use and utilization, processing and improvement of agricultural products; 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 II of the Constitution relating to the purpose and method of taxation is hereby amended by adding a new paragraph to be numbered Paragraph I-A, to read:
"Paragraph I-A. Any other provision of this Constitution to the contrary notwithstanding the General Assembly, may provide for the promotion of the production, marketing, sale, use and
WEDNESDAY, FEBRUARY 3, 1960
281
utilization, processing and improvement of any one or all of the agricultural products including, but not limited to, livestock and livestock products, poultry and poultry products, timber and timber products, fish and sea food and the products of the farms and forests of this State. The General Assembly may provide for the promotion of such products individually, collectively, or in any combination thereof. The General Assembly may provide a means of financing any such promotion by imposing assessments, fees or other charges upon the sale or processing of the affected products and may authorize the acceptance of gifts and donations, and may provide for the disposition of any funds arising under any such program without the necessity of such funds being placed in the State Treasury or being appropriated by the General Assembly. The General Assembly may provide for the supervision of any such program by the Department of Agriculture. The General Assembly may create instrumentalities, public corporations, authorities and commissions to administer such programs. The uniformity requirement of this Constitution shall be satisfied by the application of the program upon the affected products."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the promotion of agricultural products.
"Against ratification of amendment to the Constitution so as to provide for the promotion of agricultural products."
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:
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JOURNAL OF THE SENATE,
Those voting in the affirmative were Senators:
Adams Breedlove Brown Buff Cannon Carlisle Clary Crowe Culpepper Dykes Greer Hays Holton
Home Jernigan Kennedy Kiker Land Lanier Lindsey of llth Livingston Marshall Nixon Pannell Perry Purcell
Ramsey Redwine Roach Sanders Screws Shaw Skelton Smith Vaughn Watson Woodall
Voting in the negative was Senator Mobley.
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 37, nays 1.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
Senator Ramsey of the 1st, 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 of Representatives:
SB 169.
SR 93.
SB 180.
SB 174.
SB 167.
SB 155.
SB 141.
Respectfully submitted,
Ramsey of the 1st District, Chairman.
SR 99. By Senators Sanders of the 18th and Greer of the 6th:
A resolution ratifying lease agreement between the Western & Atlantic Railroad Commission and City Center, Inc.; and for other purposes.
WEDNESDAY, FEBRUARY 3, 1960
283
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 two-thirds majority, was adopted.
Senator Culpepper of the 7th moved that the Senate do now adjourn.
The motion prevailed and 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 4, 1960.
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. E. H. Hightower, Rutledge Baptist Church, Rutledge, Georgia, after which the Senate was addressed by Dr. Frederick Brown Harris, Chaplain of the United States Senate.
By unanimous consent, the call of the roll was dispensed with.
Senator Cannon of the 40th 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 Culpepper of the 7th 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 576. By Mr. Hollis of Muscogee:
A bill to repeal Code section 13-9933 relating to bad checks, to prohibit the obtaining of money or goods or other property by means of a worthless check; and for other purposes.
HB 634. By Messrs. Palmer of Mitchell, Coalson of Polk, and others:
A bill to repeal Code section 26-6801, making it a misdemeanor to furnish cigarettes, cigarette tobacco, cigarette paper, or any substitute therefor to a minor; and for other purposes.
THURSDAY, FEBRUARY 4, 1960
285
HB 742. By Messrs. Steis of Harris and McKenna of Bibb:
A bill to amend an act known as the Georgia Securities Act, so as to re-define the term "Salesman"; and for other purposes.
HB 792. By Messrs. Budd and Walker of Lowndes:
A bill to amend an act known as the Used Car Dealers Registration Act, to provide that applicants shall give bond, or prescribed insurance, prior to issuance or renewal of license; and for other purposes.
HB 807. By Mr. Thornton of Bibb:
A bill to amend an act pertaining to insanity after criminal conviction when there are reasonable grounds, the Governor may cause examination and sanity tried by jury.
HB 827. By Mr. Ellis of Henry:
A bill to amend an act creating the Department of Public Safety, to provide penalty for any person to represent himself as any other person; and for other purposes.
HB 873. By Messrs. Coker and Campbell of Walker:
A bill to amend an act creating a charter for the City of Chickamauga; to buy, sell, generate, and distribute electric power; and for other purposes.
HB 887. By Messrs. Thornton, McKenna and Phillips of Bibb:
A bill to amend an act to re-enact the Charter of the City of Macon; and for other purposes.
HB 888. By Mr. Ballard of Newton:
A bill to amend an act relating to the charter of the City of Covington, to provide for pensions and life insurance of city employees; and for other purposes.
HB 890. By Messrs. Jones and Undercofler of Sumter:
A bill to amend an act establishing a new charter for the City of Americus, to extend the city limits; and for other purposes.
HB 894. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to alter, amend and revise the several laws relating to the City of Savannah ;and for other purposes.
HB 895. By Messrs. McCown and Coalson of Polk:
A bill to amend an act creating a new charter for the City of Cedartown, to extend the city limits and annex certain areas; and for other purposes.
286
JOURNAL OF THE SENATE,
HB 896. By Messrs. McCown and Coalson of Polk:
A bill to amend an act creating a new charter for the City of Cedartown, to extend the corporate limits of said City; and for other purposes.
HB 901. By Mr. Phillips of Walton:
A bill to place the compensation of the Clerk of Superior Court, Ordinary and the Coroner of Walton County on a salary basis in lieu of fee basis; and for other purposes.
HB 902. By Mr. Phillips of Walton:
A bill to amend an act creating a new charter for the City of Monroe, to change the amount of tax levy; and for other purposes.
HB 903. By Mr. Phillips of Walton:
A bill to amand an act creating a Board of Commissioners of Roads and Revenue of Walton County; and for other purposes.
HB 904. By Mr. Phillips of Walton:
A bill to amend an act creating the office of Tax Commissioner of Walton County, to place the Tax Commissioner on salary basis in lieu of fee basis; and for other purposes.
HB 908. By Messrs. Phillips, McKenna and Thornton of Bibb:
A bill to amend an act relating to the Macon Hospital Commission, by increasing the membership; and for other purposes.
HR 349. By Messrs. Musgrove of Clinch and Caldwell of Upson:
A resolution to authorize the payment of outstanding expenses incurred by wildlife rangers in the performance of their duties; and for other purposes.
The House insists on its position in disagreeing with the Senate amendments to the following bills of the House, to-wit:
HB 650. By Messrs. Twitty of Mitchell, Smith of Emanuel, and others:
A bill to establish a Prison Industries Administration to conduct a prison industries program; and for other purposes.
The House has appointed as a Committee of Conference, on the part of the House, the following members, to-wit:
Messrs. Twitty of Mitchell, Ray of Warren and Underwood of Montgomery.
HB 655. By Messrs. Twitty of Mitchell, Smith of Emanuel, and others:
A bill to amend an act relating to Supervisor of Purchases, including requirement that all political subdivisions supported by the State give preference when buying goods made by prison labor; and for other purposes.
THURSDAY, FEBRUARY 4, 1960
287
The House has appointed as a Committee of Conference, on the part of the House, the following members, to-wit:
Messrs. Twitty of Mitchell, Ray of Warren and Underwood of Montgomery.
The following bills and resolution were introduced, read the first time and referred to committees:
SB 212. By Senator Carlisle of the 51st:
A bill to increase the salary and expenses of the Mayor and Council of the City of Macon and for other purposes.
Referred to committee on County and Municipal Governments.
SB 213. By Senators Culpepper of the 7th; Greer of the 6th; Hays of the 8th; Watson of the 36th; and Marshall of the 28th:
A bill providing that misdemeanor prisoners shall not be sentenced to be confined in an institution under the jurisdiction of the State Board of Corrections; and for other purposes.
Referred to Committee on Penal and Correctional Affairs.
SB 214. By Senators Culpepper of the 7th; Greer of the 6th; Hays of the 8th; Watson of the 36th; and Marshall of the 28th:
A bill to provide that the Board of Corrections shall have no authority, jurisdiction or responsibility with respect to misdemeanor sentences; and for other purposes.
Referred to Committee on Penal and Correctional Affairs.
SB 215. By Senator Brown of the 52nd:
A bill to provide that employees of Fulton County may reside within adjoining counties as well as Fulton County; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 216. By Senator Lindsey of the 53rd:
A bill to prescribe additional conditions upon the sale of fireworks for agricultural purposes; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
SB 217. By Senator Brown of the 52nd: A bill concerning proposals for and to effect the lease or development of the Governors Mansion Lot; and for other purposes.
Referred to Committee on Government Operations.
SR 109. By Senator Carlisle of the 51st: A resolution to empower Bibb County to pay and to levy an ad valorem tax for hospital, surgical and medical care; and for other purposes.
Referred to Committee on Rules.
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JOURNAL OF THE SENATE,
HB 578. By Mr. Hollis cf Muscogee:
A bill to repeal code section 13-9933 relating to bad checks, to prohibit the obtaining of money or goods or other property by means of a worthless check; and for other purposes.
Referred to Committee on Judiciary.
HB 634. By Messrs. Palmer of Mitchell, Coalson of Polk and others:
A bill to repeal code section 26-6801, making it a misdemeanor to furnish cigarettes, cigarette tobacco, cigarette paper, or any substitute therefor to a minor; and for other purposes.
Referred to Committee on Judiciary.
HB 742. By Messrs. Steis of Harris and McKenna of Bibb:
A bill to amend an act known as the Georgia Securities Act, so as to re-define the term "Salesman"; and for other purposes.
Referred to Committee on Judiciary.
HB 792. By Messrs. Budd and Walker of Lowndes:
A bill to amend an act known as the Used Car Dealers Registration Act, to provide that applicants shall give bond, or prescribed insurance, prior to issuance or renewal of license; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 807. By Mr. Thornton of Bibb:
A bill to amend an act pertaining to insanity after criminal conviction when there are reasonable grounds, the Governor may cause examination and sanity tried by jury.
Referred to Committee on Judiciary.
HB 827. By Mr. Ellis of Henry:
A bill to amend an act creating the Department of Public Safety, to provide penalty for any person to represent himself as any other person; and for ether purposes.
Referred to Committee on Government Operations.
HB 873. By Messrs. Coker and Campbell of Walker:
A bill to amend an act creating a charter for the City of Chickamauga; to buy, sell, generate, and distribute electric power; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 887. By Messrs. Thornton, McKenna and Phillips of Bibb:
A bill to amend an act to re-enact the charter of the City of Macon; and for other purposes.
Referred to Committee on County and Municipal Governments.
THURSDAY, FEBRUARY 4, 1960
289
HB 888. By Mr. Ballard of Newton:
A bill to amend an act relating to the charter of the City of Covington, to provide for pensions and life insurance of city employees; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 890. By Messrs. Jones and Undercofler of Sumter:
A bill to amend an act establishing a new charter for the City of Americus, to extend the city limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 894. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to alter, amend and revise the several laws relating to the City of Savannah; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 895. By Messrs. McCown and Coalson of Polk:
A bill to amend an act creating a new charter for the City of Cedartown, to extend the city limits and annex certain areas; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 896. By Messrs. McCown and Coalson of Polk:
A bill to amend an act creating a new charter for the City of Cedartown, to extend the corporate limits of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 901. By Mr. Phillips of Walton:
A bill to place the compensation of the clerk of the superior court, ordinary and the coroner of Walton County on a salary basis in lieu of fee basis; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 902. By Mr. Phillips of Walton:
A bill to amend an act creating a new charter for the City of Monroe, to change the amount of tax levy; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 903. By Mr. Phillips of Walton:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Walton County; and for other purposes.
Referred to Committee on County and Municipal Governments.
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JOURNAL OP THE SENATE,
HB 904. By Mr. Phillips of Walton:
A bill to amend an act creating the office of tax commissioner of Walton County, to place the tax commissioner on salary basis in lieu of fee basis; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 908. By Messrs. Phillips, McKenna and Thornton of Bibb:
A bill to amend an act relating to the Macon Hospital Commission, by increasing the membership; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 349. By Messrs. Musgrove of Clinch and Caldwell of Upson:
A resolution to authorize the payment of outstanding expenses incurred by wildlife rangers in the performance of their duties; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
The following bills and resolutions were read the second time:
SB 199. By Senator Lindsey of the llth:
A bill to provide the method and procedure for the issuance and validation of revenue certificates or bonds by the Terrell County Development Authority; and for other purposes.
SB 200. By Senator Skelton of the 30th:
A bill relating to the service of written interrogatories upon the adverse party; and for other purposes.
SB 201. By Senator Dykes of the 2nd:
A bill relating to the regulation of trust companies and the duties and powers of superintendents of banks; and for other purposes.
SB 202. By Senator Pannell of the 43rd:
A bill to provide for the closing of a portion of Walnut Street in the City of Chatsworth; and for other purposes.
SB 203. By Senator Brown of the 52nd:
A bill to provide that the Sheriff of Fulton County shall be eligible for the benefits of the "Retirement Act"; and for other purposes.
SB 204. By Senator Brown of the 52nd:
A bill to provide for registrars in counties having more than 400,000 population; and for other purposes.
THURSDAY, FEBRUARY 4, 1960
291
SB 205. By Senator Brown of the 52nd:
A bill to abolish the office of County Treasurer in counties having a population of more than 400,000; and for other purposes.
SB 206. By Senator Brown of the 52nd:
A bill dealing with the appointment of Boards of Examiners of Stationary Engineers and Firemen in counties having a population of 170,000; and for other purposes.
SB 207. By Senator Brown of the 52nd:
A bill to provide for the appointment and term of the Directors of Public Safety in counties having a population of 300,000 or more; and for other purposes.
SB 208. By Senator Brown of the 52nd:
A bill to provide for the sale of county property under certain conditions; and for other purposes.
SB 209. By Senator Brown of the 52nd:
A bill to change the penal provisions for the offense of driving while intoxicated; and for other purposes.
SB 210. By Senator Brown of the 52nd:
A bill providing for the closing of public schools and public school systems under certain circumstances so as to provide a statement of legislative policy and purposes.
SB 211. By Senator Doster of the 48th:
A bill changing the compensation of the members of the Board of Commissioners of Roads and Revenues of Wilcox County; and for other purposes.
SR 105. By Senator Lindsey of the 53rd:
A resolution to grant a committee to study the possibility of experiment stations conducting a program in tobacco research; and for other purposes.
SR 106. By Senators Pannell of the 43rd and Carlisle of the 51st:
A resolution creating a Study Committee to investigate ways and means of strengthening the Senate.
SR 107. By Senator Sanders of the 18th:
A resolution authorizing Richmond County to levy a tax for the purpose of creating a fund to be used in the industrial development of the county; and for other purposes.
HB 579. By Mr. Barber of Jackson:
A bill to change the compensation of school bus drivers; to repeal conflicting laws; and for other purposes.
292
JOURNAL OF THE SENATE,
HB 617. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to amend an act known as the "State-wide Probation Act"; to provide said act shall not apply to prosecution for abandonment or bastardy; and for other purposes.
HB 623. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to provide that in prosecutions for the offense of abandonment or bastardy the court, in its discretion, may suspend sentence upon terms providing for support and maintenance of the child or children abandoned; and for other purposes.
HB 641. By Messrs. Steis of Harris, Hale of Dade and others:
A bill to provide for a method of service upon minors, to provide that a guardian ad litem agree to serve in writing; and for other purposes.
HB 661. By Messrs. Scoggins and Lowrey of Floyd, McGibony of Greene and others:
A bill to amend an act known as the "Liquid Petroleum Safety Act of Georgia", to provide for minimum storage facilities for licensees in this State; and for other purposes.
HB 682. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to authorize the Mayor and Aldermen of Savannah to convey to Regents of University System of Georgia certain property; and for other purposes.
HB 694. By Messrs. Smith of Emanuel, Matthews and Cox of Clarke and others:
A bill to amend the act establishing a Retirement System for Teachers, to include employees of the University System, employed less than half time; and for other purposes.
HB 716. By Messrs. Hill of Tattnall, Echols of Upson and others:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", to provide inspection of school buses and for driver's examinations of school bus drivers; and for other purposes.
HB 718. By Mr. Gowen of Glynn:
A bill to provide a year's support allowance out of the proceeds of property under option; and for other purposes.
HB 724. By Messrs. Orr of Wilkes, McKenna of Bibb and others:
A bill relating to the abandonment of children, to provide a person acquitted on ground that said person is not the parent of said child, cannot be retried; and for other purposes.
HB 744. By Messrs. Coalson of Polk, Busbee of Dougherty and others:
A bill providing that the clerk of the court in which a bill of exceptions is filed shall make a copy of such bill, with transcript of record in such case; and for other purposes.
THURSDAY, FEBRUARY 4, 1960
293
HB 745. By Messrs. Hodges and Parker of Ware:
A bill relating to the Engineering Experiment Station, to provide a central experiment station to be located at Georgia Institute of Technology; and for other purposes.
HB 755. By Messrs. Carswell and Tucker of Burke and others:
A bill to provide that any person purchasing a used school bus shall repaint the same, and any person now using a used school bus repaint the same; and for other purposes.
HB 767. By Mr. Fowler of Douglas:
A bill to amend an act relating to application for a Use of Tax Stamps for Commercial Feeding stuffs; and for other purposes.
HB 774. By Messrs. Lowrey of Floyd, Kelly of Jasper and others:
A bill to amend an act to provide that in addition to any authority granted the Commissioners of Agriculture, he may suspend or cancel licenses; and for other purposes.
HB 775. By Messrs. Gowen and Killian of Glynn:
A bill to amend an act regulating credit unions, to provide a schedule of fees payable annually by Credit Unions to the Superintendent of Banks; and for other purposes.
HB 784. By Mr. Hedden of Towns:
A bill incorporating the town of Young Harris, to reincorporate the town of Young Harris, to provide for municipal elections; and for other purposes.
HB 802. By Mr. Story of Gwinnett:
A bill to prohibit the use of the flag or State Emblem of Georgia, or the flag or emblem of the Confederate States of America for advertising purposes.
HB 859. By Mr. Watson of Houston:
A bill to amend an act incorporating the municipality of Elberta, to change the corporate limits; and for other purposes.
HB 860. By Mr. Watson of Houston:
A bill to provide a salary for the Tax Commissioner of Houston County, to provide for clerks for said Tax Comimssioner and fix their salaries; and for other purposes.
HB 870. By Messrs. Hodges and Parker of Ware:
A bill to amend an act so as to change the compensation of the coroners of certain counties; and for other purposes.
294
JOURNAL OF THE SENATE,
HB 871. By Mr. Stuckey of Dodge:
A bill to amend an act to incorporate the Town of Rhine; and for other purposes.
HB 872. By Mr. Stuckey of Dodge:
A bill to change the compensation of the ordinary of Dodge County from the fee and salary system to the salary system exclusively; and for other purposes.
HB 874. By Mr. Miller of Elbert:
A bill to change the compensation of the sheriff of Elbert County from the fee system to the salary system; and for other purposes.
HB 875. By Messrs. McClelland, Brooks and Smith of Fulton, Mackay, Rutland and McWhorter of DeKalb:
A bill to amend an act to establish a new charter for the City of Atlanta, relating to retired employees; and for other purposes.
HB 876. By Mr. Barrett of Cherokee:
A bill to amend an act incorporating the City of Holly Springs, to provide for two year terms for the Mayor and Councilmen; and for other purposes.
HR 328. By Messrs. Blalock of Clayton and Ray of Warren:
A resolution to ratify, approve and confirm the executive order of the Governor, on collection of tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax; and for other purposes.
HR 329. By Messrs. Blalock of Clayton and Ray of Warren:
"A resolution to ratify, approve and confirm the executive order of the Governor, suspending tax imposed by Georgia Retailers' and Consumers' Sales and Use Tax Act; and for other purposes.
HR 330. By Messrs. Ray of Warren and Blalock of Clayton:
A resolution to ratify, approve and confirm the executive order of the Governor, to allow the State Revenue Commissioner to suspend any tax accrued under the revenue laws; and for other purposes.
Mr. 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 649. Do Pass.
Respectfully submitted,
Holt of 54th District, Chairman.
THURSDAY, FEBRUARY 4, 1960
295
Mr. Doster of the 48th District, Chairman of the Committee on Agriculture 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 Senate and has instructed me as Chairman to report the same back to the Senate with the following recommendations :
SB 153. Do Not Pass.
HB 625. Do Pass.
HB 719. Do Pass.
Respectfully submitted,
Doster of 48th District, Chairman.
Mr. Lindsey of the llth District, Secretary of the Committee on Agriculture and Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources 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 717. Do Pass as Amended.
Respectfully submitted,
Lindsey of llth District, Secretary.
The following resolutions were read and adopted:
SR 108. By Senators Sanders of the 18th and Culpepper of the 7th:
A resolution honoring Miss Sandra Lee Jennings, National Maid of Cotton; and for other purposes.
SR 110. By Senator Pannell of the 43rd:
A resolution commending the joint Educational Study Committee of 1959 and authorizing it to make further study; and for other purposes.
Senator Sanders of the 18th asked unanimous consent that that following bill be withdrawn from the Committee on Education and recommitted to the Committee on Government Operations:
SB 210. By Senator Brown of the 52nd:
A bill providing for the closing of public scohols and public school systems under certain circumstances so as to provide a statement of legislative policy and purposes; and for other purposes.
The consent was granted.
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JOURNAL OP THE SENATE,
The following general bills, favorably reported by the committees, were read the third time and put upon their passage:
HB 717. By Messrs. Matthews and Newton of Colquitit and Lanier of Candler:
A bill to regulate the sale of flue-cured leaf tobacco in this State, to provide for identification of types of tobacco sold in this State; and for other purposes.
The Committee on Agriculture and Natural Resources offered the following amendment:
Amend HB 717 by striking from Section 14 the words and figure "April I" and inserting in lieu thereof the words "The opening of the marketing season, at a time prescribed by the Commissioner,"
On the adoption of the amendment, the ayes were 37, nays 0, and the amendment was adopted.
The Committee on Agriculture and Natural Resources offered the following amendment:
Amend House Bill No. 717 by inserting in the title before the words "to repeal conflicting laws", the words "to define terms"; and by adding at the end of Section 1, the words "Type 14 flue-cured leaf tobacco as used herein shall mean that flue-cured leaf tobacco grown in the traditional loose-leaf area which consists of the States of Georgia, Florida, and Alabama;" and by striking from Section 9, the words "Bright Leaf Tobacco Association" wherever they appear and in lieu thereof inserting the words "Bright Belt Warehouse Association."
On the adoption of the amendment, the ayes were 37, nays 0, and the amendment was adopted.
Senator Lindsey of the 53rd and Senator Darby of the 15th offered the following amendment:
Amend HB 717 by striking from the title the words "to provide for identification tags for use in marketing tobacco in this state;".
By striking Section 13 in its entirety and inserting in lieu thereof a new Section 13, to read as follows:
"Section 13. As an aid in providing positive identification of Georgia Type Tobacco to be sold, it shall be the duty of each licensee at the time of the receipt of any type tobacco, to ascertain the origin of the tobacco offered for receipt and to write legibly or stamp legibly on the identification ticket (sales ticket) the type of each sheet of tobacco. Each licensee receiving tobacco for sale from persons other than producers, shall require that the origin of the tobacco be proven to his satisfaction so as to enable the licensee to properly identify the type of tobacco. The type shall be placed on the identification ticket (sales ticket), which shall remain with the sheet of tobacco until after the sale of same. Any licensee who shall violate the provisions of this Section shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment in the penitentiary for not less than one year nor
THURSDAY, FEBRUARY 4, 1960
297
more than five years, or shall be fined not more than $5,000.00, or shall be subject to both such imprisonment and such fine."
By striking Section 14 in its entirety and renumbering the remaining sections accordingly.
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 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.
Senator Sanders of the 18th asked unanimous consent that HB 717 be immediately transmitted to the House.
The consent was granted.
SB 192. By Senator Sanders of the 18th:
A bill to amend Sec. 6-810 of the code; to provide for corrections, amendments or additions to the record, bill of exceptions, etc.; and for other purposes.
Senator Sanders of the 18th moved that SB 192 be postponed to February 8th, and the motion prevailed.
SB 182. By Senators Clary of the 29th, Adams of the 22nd and Watson of the 36th:
A bill providing for further exclusions from the provisions of State Employees Retirement System relating to service in armed forces; and for other purposes.
The report 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.
SR 100. By Senators Clary of the 29th, Smith of the 4th, Mercer of the 49th and others:
A resolution creating a committee for the purpose of studying Civil Defense structures; and for other purposes.
Senator Sanders of the 18th moved that SR 100 be postponed to February 8th, and the motion prevailed.
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JOURNAL OF THE SENATE,
Senator Ramsey of the 1st, 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 of Representatives:
SB 184.
SR 101.
SB 176.
SB 173.
SB 178.
SB 179.
SB 183.
SB 185.
SB 186.
SR 96.
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 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 129.
SB 130.
SB 131.
SB 134.
Respectfully submitted,
Ramsey of the 1st District, Chairman.
HB 735. By Messrs. Holcombe, Willingham and Reed of Cobb:
A bill to add one additional judge to the Superior Court of the Cobb Judicial Circuit; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
THURSDAY, FEBRUARY 4, 1960
299
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 711. By Messrs. Chance of Twiggs and Rowland of Johnson:
A bill to amend an act relating to the disposition of the pay of a member of the General Assembly who dies during a session or afterwards without having received his entire pay, so as to authorize the payment to the mother, father or the estate of such deceased 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Jernigan of the 5th moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned until 10:00 o'clock Monday morning.
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Senate Chamber, Atlanta, Georgia, Monday, February 8, 1960.
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. W. Harvey Wages, a retired Baptist minister of Ashburn, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Cannon of the 40th 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 Culpepper of the 7th 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 102. By Mr. Andrews of Hall:
A bill to provide a salary for the Official Court Reporter of the Northeastern Judicial Circuit in lieu of fees for the attendance and reporting of felony cases; and for other purposes.
HB 581. By Messrs. Kidd and Chandler of Baldwin, and others:
A bill to amend an act relating to the restoration to sanity of insane persons; and for other purposes.
HB 892. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to provide for the creation of the "Savannah Transit Authority"; and for other purposes.
MONDAY, FEBRUARY, 8, 1960
301
HB 898. By Mr. Denmark of Liberty:
A bill to amend an act providing for the compensation of the sheriff and clerk of Superior Court of Liberty County; and for other purposes.
HB 910. By Messrs. Killian and Gowen of Glynn: A bill to amend an act creating the City Court of Brunswick; to change the compensation of the officials and employees; and for other purposes.
HB 911. By Mr. Parker of Appling: A bill to amend an act establishing the City of Baxley, so as to change the compensation of the Solicitor of the City Court; and for other purposes.
HB 913. By Mr. Steis of Harris: A bill to amend an act creating a new charter for the City of Hamilton, so as to change the corporate limits; and for other purposes.
HB 914. By Mr. Kimmons of Pierce: A bill to amend an act establishing the City Court of Blackshear; and for other purposes.
HB 916. By Mr. Ingle of Gordon: A bill to extend the corporate limits of the City of Calhoun; and for other purposes.
HB 921. By Messrs. Walker and Budd of Lowndes: A bill to amend an act relating to the charter of the City of Valdosta and relating to retirement; and for other purposes.
HB 924. By Messrs. Caldwell and Echols of Upson: A bill creating a new charter for the City of Thomaston, to extend corporate limits; and for other purposes.
HB 925. By Messrs. Andrews and Williams of Hall: A bill to amend the charter of the City of Gainesville, relative to the Civil Service Board; and for other purposes.
HB 926. By Mr. Fowler of Douglas: A bill creating a Board of Commissioners of Roads and Revenues of Douglas County; and for other purposes.
HB 928. By Messrs. Winkle and Smith of Whitfield: A bill relating to the charter of the City of Dalton, and certain Land Lots; and for other purposes.
HB 929. By Mr. Smith of Whitfield: A bill to amend an act incorporating the City of Dalton, relating to Civil Service Commission; and for other purposes.
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JOURNAL OF THE SENATE,
HB 933. By Messrs. Floyd and Loggins of Chattooga:
A bill to amend an act to incorporate the Town of Trion, to extend the corporate limits; and for other purposes.
HB 934. By Messrs. Floyd and Loggins of Chattooga:
A bill to amend an act to incorporate the Town of Trion, to extend corporate limits; and for other purposes.
HB 937. By Mr. Sheffield of Brooks:
A bill to amend an act creating a new charter for the City of Quitman, providing said City may levy a tax for constructing a National Guard Armory; and for other purposes.
HB 938. By Messrs. McClelland, Smith and Brooks of Fulton:
A bill abolishing Justice Courts in the City of Atlanta and establishing the Civil Court of Fulton County; and for other purposes.
HB 939. By Messrs. Fuqua, Fleming and Edwards of Richmond:
A bill to change from the fee to the salary system in certain counties certain county officials; and for other purposes.
HB 942. By Messrs. Keever and Bradley of Bartow:
A bill to amend an act to incorporate the City of Emerson, to empower said city to grant franchises, licenses, easements and rights of way in public streets; and for other purposes.
HR 119. By Mr. Hill of Tattnall:
A resolution directing the State Board of Corrections to compensate Mr. Alexander J. Horak for damages to his car by negligence of a prisoner at the Georgia State Prison.
HR 128. By Mr. Hale of Dade:
A resolution to compensate Grady Bradford and Lunsford J. Neal; and for other purposes.
HR 144. By Mr. Smith of Fulton:
A resolution to compensate Berkeley Pump Company of Atlanta, Georgia, for damages to its automobile; and for other purposes.
HR 151. By Messrs. McKenna of Bibb, Ingle of Gordon and others:
A resolution authorizing the State Department of Defense to pay workmen's compensation benefits to Walter R. Ellington.
HR 152. By Mr. Saffold of Toombs:
A resolution to compensate Mr. Willie F. LaFavor; and for other purposes.
MONDAY, FEBRUARY, 8, 1960
303
HR 174. By Mr. Phillips of Walton:
A resolution to compensate Robert A. Higginbotham as individual and as executor of the estate of his father Henry Grady Higginbotham; and for other purposes.
HR 175. By Messrs. Keever and Bradley of Bartow:
A resolution to compensate Mrs. Margaret Reilly; and for other purposes.
HR 176. By Messrs. Keever and Bradley of Bartow: A resolution to compensate Janet Reilly; and for other purposes.
HR 177. By Messrs. Keever and Bradley of Bartow:
A resolution to compensate Bernard Joseph Reilly, for himself, his wife, Margaret and as next friend for Janet Reilly and Nellie Reilly; and for other purposes.
HR 183. By Mr. Cheatham of Chatham:
A resolution to compensate Mrs. Maggie C. Baxter for damages to an automobile in accident with a State Highway Department truck; and for other purposes.
HR 209. By Messrs. Story and Morgan of Gwinnett: A resolution to compensate Loyd Tatum; and for other purposes.
HR 234. By Messrs. Griffin and Taylor of Decatur:
A resolution to compensate the American Sumatra Tobacco Company; and for other purposes.
HR 278. By Mr. Williams of Hall: A resolution to compensate Mr. John D. Wall; and for other purposes.
HR 283. By Mr. Hood of White:
A resolution to compensate and reimburse Mr. Oscar W. Cook; and for other purposes.
HR 287. By Messrs. Lee and Blalock of Clayton: A resolution to compensate Hugh J. Humphries; and for other purposes.
HR 348. By Mr. McGibony of Greene: A resolution to compensate Mr. Lee Roy Nation; and for other purposes.
HR 354. By Mr. Andrews of Hall: A resolution to compensate Mr. Hoyt Anderson; and for other purposes.
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JOURNAL OF THE SENATE,
HR 371. By Messrs. Birdsong and Lam of Troup: A resolution to compensate Mr. J. C. Cooley; and for other purposes.
The House has agreed to the Senate amendments to the following House resolution, to-wit:
HR 369. By Mr. Busbee of Dougherty:
A resolution to create the General Assembly Committee on Schools, to designate membership, define duties; and for other purposes.
HR 360. By Mr. McClelland of Fulton: A resolution relative to the treatise "GOD IS"; and for other purposes.
HR 429. By Messrs. Lanier of Candler, Newton of Colquitt and Wells of Oconee:
A resolution requesting Congress to inaugurate a program for the eradication of hog cholera; and for other purposes.
HR 304. By Mr. Thornton of Bibb:
A resolution relative to securing the National Moose Convention for the City of Atlanta in 1961; and for other purposes.
HR 428. By Mr. Hill of Tattnall: A resolution naming Reidsville State Park.
HR 399. By Mr. Brackin of Seminole:
A resolution naming Seminole State Park.
SR 92. By Senator Mercer of the 49th:
A resolution relating to trips of senior high school students; and for other purposes.
SB 24. By Senator Clary of the 29th:
A bill to be entitled an act to provide that in certain counties any person charged with any offense under the game and fish laws shall be allowed to enter a plea of guilty in the court of ordinary; to provide for the passing of sentence in such cases; and for other purposes.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to Senate amendment to the following House bill:
HB 717. By Messrs. Matthews and Newton of Colquitt and Lanier of Candler:
A bill to be entitled an act to regulate the sale of flue-cured leaf tobacco in this State, to provide for identification of types of tobacco sold in this State; and for other purposes.
MONDAY, FEBRUARY, 8, 1960
305
The following bills were introduced, read the first time and referred to committees :
SB 218. By Senator Sanders of the 18th:
A bill to change the provisions relating to the compensation of the members of the Georgia Ports Authority; and for other purposes.
Referred to Committee on Government Operations.
SB 219. By Senator Greer of the 6th:
A bill to provide that the Georgia Public Service Commission shall have the police powers and authority to delegate the authority to enforce the provisions of the "Motor Carrier Act"; and for other purposes.
Referred to Committee on Public Utilities & Transportation.
HB 102. By Mr. Andrews of Hall: A bill to provide a salary for the Official Court Reporter of the Northeastern Judicial Circuit in lieu of fees for the attendance and reporting of felony cases; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 581. By Messrs. Kidd and Chandler of Baldwin and others: A bill to amend an act relating to the restoration to sanity of insane persons; and for other purposes.
Referred to Committee on Health and Welfare.
HB 892. By Messrs. Brennan, Cheatham and McGee of Chatham: A bill to provide for the creation of the "Savannah Transit Authority"; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 898. By Mr. Denmark of Liberty. A bill to amend an act providing for the compensation of the sheriff and clerk of the Superior Court of Liberty County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 910. By Messrs. Killian and Gowen of Glynn: A bill to amend an act creating the City Court of Brunswick; to change the compensation of the officials and employees; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 911. By Mr. Parker of Appling: A bill to amend an act establishing the City of Baxley, so as to change the compensation of the solicitor of the city court; and for other purposes.
Referred to Committee on County and Municipal Governments.
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JOURNAL OF THE SENATE,
HB 913. By Mr. Steis of Harris:
A bill to amend an act creating a new charter for the City of Hamilton, so as to change the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 914. By Mr. Kimmons of Pierce:
A bill to amend an act establishing the City Court of Blackshear; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 916. By Mr. Ingle of Gordon: A bill to extend the corporate limits of the City of Calhoun; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 921. By Messrs. Walker and Budd of Lowndes: A bill to amend an act relating to the charter of the City of Valdosta and relating to retirement; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 924. By Messrs. Caldwell and Echols of Upson: A bill creating a new charter for the City of Thomaston, to extend corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 925. By Messrs. Andrews and Williams of Hall: A bill to amend the charter of the City of Gainesville relative to the Civil Service Board; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 926. By Mr. Fowler of Douglas: A bill creating a Board of Commissioners of Roads and Revenues of Douglas County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 928. By Messrs. Winkle and Smith of Whitfield: A bill relating to the charter of the City of Dalton and certain Land Lots; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 929. By Mr. Smith of Whitfield: A bill to amend an act incorporating the City of Dalton, relating to Civil Service Commission; and for other purposes.
Referred to Committee on County and Municipal Governments.
MONDAY, FEBRUARY, 8, 1960
307
HB 933. By Messrs. Floyd and Loggins of Chattooga:
A bill to amend an act to incorporate the Town of Trion, to extend the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 934. By Messrs. Floyd and Loggins of Chattooga:
A bill to amend an act to incorporate the Town of Trion, to extend corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 937. By Mr. Sheffield of Brooks:
A bill to amend an act creating a new charter for the City of Quitman, providing said city may levy a tax for constructing a National Guard Armory; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 938. By Messrs. McClelland, Smith and Brooks of Fulton:
A bill abolishing Justice Courts in the City of Atlanta and establishing the Civil Court of Fulton County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 939. By Messrs. Fuqua, Fleming and Edwards of Richmond:
A bill to change from the fee to the salary system in certain counties certain county officials; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 942. By Messrs. Keever and Bradley of Bartow:
A bill to amend an act to incorporate the City of Emerson, to empower said city to grant franchises, licenses, easements and rights of way in public streets; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 119. By Mr. Hill of Tattnall:
A resolution directing the State Board of Corrections to compensate Mr. Alexander J. Horak for damages to his car by negligence of a prisoner at the Georgia State Prison; and for other purposes.
Referred to Committee on Appropriations.
HR 128. By Mr. Hale of Bade:
A resolution to compensate Grady Bradford and Lunsford J. Neal; and for other purposes.
Referred to Committee on Appropriations.
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JOURNAL OF THE SENATE,
HR 144. By Mr. Smith of Fulton:
A resolution to compensate Berkeley Pump Company of Atlanta, Georgia, for damages to its automobile; and for other purposes.
Referred to Committee on Appropriations.
HR 151. By Messrs. McKenna of Bibb, Ingle of Gordon and others:
A resolution authorizing the State Department of Defense to pay workmen's compensation benefits to Walter R. Ellington; and for other purposes.
Referred to Committee on Appropriations.
HR 152. By Mr. Saffold of Toombs:
A resolution to compensate Mr. Willie F. LaFavor; and for other purposes.
Referred to Committee on Appropriations.
HR 174. By Mr. Phillips of Walton:
A resolution to compensate Robert A. Higginbotham: as individual and as executor of the estate of his father Henry Grady Higginbotham; and for other purposes.
Referred to Committee on Appropriations.
HR 175. By Messrs. Keever and Bradley of Bartow: A resolution to compensate Mrs. Margaret Reilly; and for other purposes.
Referred to Committee on Appropriations.
HR 176. By Messrs. Keever and Bradley of Bartow: A resolution to compensate Janet Reilly; and for other purposes.
Referred to Committee on Appropriations.
HR 177. By Mr. Cheatham of Chatham:
A resolution to compensate Mrs. Maggie C. Baxter for damages to an automobile in accident with a State Highway Department truck; and for other purposes.
Referred to Committee on Appropriations.
HR 183. By Mr. Cheatham of Chatham:
A resolution to compensate Mrs. Maggie C. Baxter for damages to an automobile in accident with a State Highway Department truck; and for other purposes.
Referred to Committee on Appropriations.
MONDAY, FEBRUARY, 8, 1960
309
HR 209. By Messrs. Story and Morgan of Gwinnett: A resolution to compensate Loyd Tatum; and for other purposes.
Referred to Committee on Appropriations.
HR 234. By Messrs. Griffin and Taylor of Decatur:
A resolution to compensate the American Sumatra Tobacco Company; and for other purposes.
Referred to Committee on Appropriations.
HR 278. By Mr. Williams of Hall: A resolution to compensate Mr. John D. Wall; and for other purposes.
Referred to Committee on Appropriations.
HR 283. By Mr. Hood of White:
A resolution to compensate and reimburse Mr. Oscar W. Cook; and for other purposes.
Referred to Committee on Appropriations.
HR 287. By Messrs. Lee and Blalock of Clayton: A resolution to compensate Hugh J. Humphries; and for other purposes.
Referred to Committee on Appropriations.
HR 354. By Mr. Andrews of Hall: A resolution to compensate Mr. Hoyt Anderson; and for other purposes.
Referred to Committee on Appropriations.
HR 371. By Messrs. Birdsong and Lam of Troup: A resolution to compensate Mr. J. C. Cooley; and for other purposes.
Referred to Committee on Appropriations.
HR 348. By Mr. McGibony of Greene: A resolution to compensate Mr. Lee Roy Nation; and for other purposes.
Referred to Committee on Appropriations.
The following bills and resolutions were read the second time:
SB 212. By Senator Carlisle of the 51st: A bill to increase the salary and expenses of the Mayor and Council of the City of Macon; and for other purposes.
SB 213. By Senators Culpepper of the 7th; Greer of the 6th; Hays of the 8th; Watson of the 36th; and Marshall of the 28th: A bill providing that misdemeanor prisoners shall not be sentenced to be
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JOURNAL OF THE SENATE,
confined in an institution under the jurisdiction of the State Board of Corrections; and for other purposes.
SB 214. By Senators Culpepper of the 7th; Greer of the 6th; Hays of the 8th; Watson of the 36th; and Marshall of the 28th:
A bill to provide that the Board of Corrections shall have no authority, jurisdiction or responsibility with respect to misdemeanor sentences; and for other purposes.
SB 215. By Senator Brown of the 52nd:
A bill to provide that employees of Fulton County may reside within adjoining counties as well as Fulton County; and for other purposes.
SB 216. By Senator Lindsey of the 53rd:
A bill to prescribe additional conditions upon the sale of fireworks for agricultural purposes; and for other purposes.
SB 217. By Senator Brown of the 52nd:
A bill concerning proposals for and to effect the lease or development of the Governors Mansion Lot; and for other purposes.
SR 109. By Senator Carisle of the 51st:
A resolution to empower Bibb County to pay and to levy an ad valorem tax for hospital, surgical and medical care; and for other purposes.
HB 576. By Mr. Hollis of Muscogee:
A bill to repeal code section 13-9933 relating to bad checks, to prohibit the obtaining of money or goods or other property by means of a worthless check; and for other purposes.
HB 634. By Messrs. Palmer of Mitchell, Coalson of Polk and others:
A bill to repeal code section 26-6801, making it a misdemeanor to furnish cigarettes, cigarette tobacco, cigarette paper, or any substitute therefor to a minor; and for other purposes.
HB 742. By Messrs. Steis of Harris and McKenna of Bibb:
A bill to amend an act known as the Georgia Securities Act, so as to re-define the term "Salesman"; and for other purposes.
HB 792. By Messrs. Budd and Walker of Lowndes:
A bill to amend an act known as the Used Car Dealers Registration Act, to provide that applicants shall give bond, or prescribed insurance, prior to issuance or renewal of license; and for other purposes.
HB 807. By Mr. Thornton of Bibb:
A bill to amend an act pertaining to insanity after criminal conviction when there are reasonable grounds, the Governor may cause examination and sanity tried by jury.
MONDAY, FEBRUARY, 8, 1960
311
HB 827. By Mr. Ellis of Henry:
A bill to amend an act creating the Department of Public Safety, to provide penalty for any person to represent himself as any other person; and for other purposes.
HB 873. By Messrs. Coker and Campbell of Walker:
A bill to amend an act creating a charter for the City of Chickamauga; to buy, sell, generate, and distribute electric power; and for other purposes.
HB 887. By Messrs. Thornton, McKenna and Phillips of Bibb:
A bill to amend an act to re-enact the charter of the City of Macon; and for other purposes.
HB 888. By Mr. Ballard of Newton:
A bill to amend an act relating to the charter of the City of Covington, to provide for pensions and life insurance of city employees; and for other purposes.
HB 890. By Messrs. Jones and Undercofler of Sumter:
A bill to amend an act establishing a new charter for the City of Americus, to extend the city limits; and for other purposes.
HB 894. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to alter, amend and revise the several laws relating to the City of Savannah; and for other purposes.
HB 895. By Messrs. McCown and Coalson of Polk:
A bill to amend an act creating a new charter for the City of Cedartown, to extend the city limits and annex certain areas; and for other purposes.
HB 896. By Messrs. McCown and Coalson of Polk:
A bill to amend an act creating a new charter for the City of Cedartown, to extend the corporate limits of said city; and for other purposes.
HB 901. By Mr. Phillips of Walton:
A bill to place the compensation of the clerk of the superior court, ordinary and the coroner of Walton County on a salary basis in lieu of fee basis; and for other purposes.
HB 902. By Mr. Phillips of Walton:
A bill to amend an act creating a new charter for the City of Monroe, to change the amount of tax levy; and for other purposes.
HB 903. By Mr. Phillips of Walton:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Walton County; and for other purposes.
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JOURNAL OP THE SENATE,
HB 904. By Mr. Phillips of Walton:
A bill to amend an act creating the office of tax commissioner of Walton County, to place the tax commissioner on salary basis in lieu of fee basis; and for other purposes.
HB 908. By Messrs. Phillips, McKenna and Thornton of Bibb:
A bill to amend an act relating to the Macon Hospital Commission, by increasing the membership; and for other purposes.
HR 349. By Messrs. Musgrove of Clinch and Caldwell of Upson:
A resolution to authorize the payment of outstanding expenses incurred by wildlife rangers in the performance of their duties; and for other purposes.
Mr. 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 House and Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SR 107. Do Pass.
SR 109. Do Pass.
HB 799. Do Pass.
HB 591. Do Pass. HB 704. Do Pass.
SR 103. Do Pass. HR 328. Do Pass.
SR 106. Do Pass. SR 102. Do Pass.
HR 330. Do Pass.
HB 745. Do Pass.
HB 699. Do Pass. HR 329. Do Pass.
Respectfully submitted,
Vaughn of 34th District, Secretary.
Mr. 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-
MONDAY, FEBRUARY, 8, 1960
313
tion 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 177. Do Pass.
SB 213. Do Pass.
SB 214. Do Pass.
HB 608. Do Pass.
Respectfully submitted,
Kennedy of 47th District, Chairman.
Mr. 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 Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 165. Do Pass, by Substitute.
SB 166. Do Pass, by Substitute.
SB 188. Do Pass.
Respectfully submitted,
Greer of 6th District, Chairman.
The president of the Senate appointed as a Committee of Escort for Senators Russell and Talmadge the following:
Senators Livingston of the 38th, Sanders of the 18th, Culpepper of the 7th and Home of the 13th.
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 messages by Senator Richard B. Russell and Senator Herman Talmadge, was called to order by the president of the Senate.
Senator Russell, Senator Talmadge, Governor Vandiver, the committee of escort and other distinguished guests appeared upon the floor of the House.
The secretary of the Senate read the resolution calling for the joint session.
Lieutenant-Governor Garland Byrd recognized Governor Ernest Vandiver, who introduced Senators Russell and Talmadge, with the following remarks:
LIEUTENANT-GOVERNOR BYRD, HOUSE SPEAKER SMITH, MEMBERS OP THE SENATE AND OF THE HOUSE OF REPRESENTATIVES:
Our two distinguished speakers today, honor us by taking time from their busy duties in Washington, to address this joint session.
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We hail them for their leadership, in reflecting Georgia thought, Georgia opinion and Georgia life at its noblest.
They both bear names, illustrious in our State's political and governmental history names they have borne with honor and distinction.
These gallant leaders support that philosophy of government, which recognizes the inherent right of the individual to make his own life to determine the environment of himself and his family to cast his own destiny through the inherent and reserved rights of the states.
Both, from time to time, through the application of constitutional law and cold, hard, well-reasoned logic to the frequent embarrassment and discomfort of the left-wing, ADA crowd who pander to the NAACP in Washington have refused to let them forget that we have a Constitution of these United States which must be respected and upheld by one and all.
Truly, Georgia people are proud that we have representing us in the world's greatest deliberative body two statesmen of such renown and absolute devotion to duty.
In presenting our Junior Senator, I would like to recount an instance in his father's long and colorful career. It has come to my mind many times over the years and has made a lasting impression upon me. It sharply points up the difference between ordinary leaders and really great leaders of character.
A group of the late Governor Eugene Talmadge's friends and advisors came to see him one day and what they had to say to him went something like this: Listen, Governor, we know you are right about our way of life we know everything you say is true we realize the underhanded attempts being made to break down our heritage but why don't you just close your eyes to it all, until after the election, and then you can take what action you need to stop it?
His reply which will ring down through the ages was to this effect: Did it not occur to you that if I had to compromise principle to hold the office of governor, that I would be unworthy of that office, and unworthy of the trust of the people of this state? Did it not occur to you, that if it were necessary for me, to compromise principle to be governor, I would not want the office?
No finer example exists of the greatness of that man. It leaves for us of today a rich heritage and an example of the fulfillment of the public trust in the highest degree.
Our speaker has proved himself to be worthy of the high mark laid down for him in every respect.
In his administration as governor in his three years as a United States Senator he has proved himself to be ...
... a keen student of government . . .
. . . accommodating to his constituents . . .
. . . close to the people . . .
... a public servant in the highest sense of the word.
Gentlemen of the General Assembly of Georgia, I give you a man of vision, a tower of strength, a gentleman of compassion and humility, a leader who carries out his responsibilities admirably the distinguished Junior United States Senator from Georgia the Honorable Herman Eugene Talmadge.
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SENATOR TALMADGE
Senator Herman. E. Talmadge addressed the members of the General Assembly.
Governor Ernest Vandiver introduced Senator Russell.
For many years, a small group of Southern senators has stood in the breech against iniquitous measures which would force upon the brow of our region the crown of thorns of a second reconstruction. The acknowledge and respected leader of this gallant and effective resistance over the past two decades is Georgia's Senior Senator.
In this period, all manner of "civil wrongs" bills have felt the whiplash of his sustained attacks. Every sinew of his being constantly is in the fray to protect his people.
Second in seniority in the whole Senate, though still a relatively young man, many times during his 27 years in that august body, his name has stood out on the roster of Senators for the effective leadership he has furnished in difficult assignments, usually associated with some matter of great national import and concern.
He is a product of this General Assembly, having served here for more than a decade, four years of which was as Speaker of the House.
His administration as governor stands as a hallmark where modern reforms, which endure today, first were introduced into the State government.
As chairman of the subcommittee on Agricultural Appropriations and as chairman of the powerful Senate Committee on the Armed Services, his contributions to the public interest have been limitless.
It is with eager anticipation that we await a message today from the molder of responsible thought and opinion in the Senate acknowledged leader of the Southern forces in that body fighter for Georgia people and champion of their sacred principles and ideals our Senior United States Senator, the Honorable Richard Brevard Russell.
Senator Richard B. Russell addressed the members of the General Assembly.
Lieutenant-Governor Garland Byrd presented Mrs. Herman Talmadge, Mrs. Ernest Vandiver and Mrs. George W. Smith, II, to the General Assembly.
Senator Culpepper of the 7th District 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 were called to order by the president.
The following local uncontested bill was read the third time and put upon its passage:
HB 852. By Messrs. Story and Morgan of Gwinnett:
A bill creating charter for the City of Lawrenceville to provide that the Mayor and Council shall not be authorized to sell or lease any public
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utility system of the city unless a majority of the voters approved such sale; and for other purposes.
The report 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.
The following general bills, favorably reported by the committees, were read the third time and put upon their passage:
HR 46. By Messrs. Lee and Blalock of Clayton:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment of fire prevention districts in Clayton County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section IV, Paragraph II of the Constitution, relating to the districting of counties, is hereby amended by adding at the end thereof the following:
"The General Assembly of Georgia is hereby authorized to grant to the governing authority of Clayton County the authority to district areas outside of municipalities in said county for fire protection purposes and the authority to levy a tax upon the taxable property in each respective district to defray the cost of fire protection in each respective district."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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 General Assembly to grant the governing authority of Clayton County the right to district areas in said county outside municipalities for fire protection purposes.
"Against ratification of amendment to the Constitution so as to authorize the General Assembly to grant the governing authority of Clayton County the right to district areas in said county outside municipalities for fire protection purposes."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons
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317
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 Brooks Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster Drew Dykes
Gearreld Greer Hays Holt Home Jernigan Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley
McGill Nixon Pannell Purcell Ramsey Redwine Roach Sanders Screws Shaw Skelton Smith Vaughn Watson
By unanimous consent, 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.
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 to provide for the election of the County School Superintendent of Tift County by the people instead of by the County Board of Education; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitution relating to county boards of education, as amended by a Resolution
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Act found in Georgia Laws of 1953, January-February Session, page 553, which added provisions relative to the County Board of Education and the County School Superintendent of Tift County is hereby amended by striking from the second paragraph of that portion added by the aforesaid Resolution of 1953 the words "who shall serve without compensation" and inserting in lieu thereof the words "The members of the Tift County Board of Education shall be compensated in the sum of not less than twenty-five ($25.00) dollars per month and not more than seventy-five ($75.00) dollars per month. The amount of compensation shall be determined annually by the County Board of Education at the same time as the compensation of the County School Superintendent is determined," so that said paragraph, as amended hereby, shall read as follows:
"The Tift County Board of Education shall consist of seven (7) members. The members of the Tift County Board of Education shall be compensated in the sum of not less than twenty-five ($25.00) dollars per month and not more than seventy-five ($75.00) dollars per month. The amount of compensation shall be determined annually by the County Board of Education at the same time as the compensation of the County School Superintendent is determined. The Judge of the Superior Court of Tift County shall appoint the first board and one (1) of the members so appointed shall hold office for 4% years, two (2) for 3% years, two (2) for 2% years, and two (2) for 1% years."
and by striking from that portion added by the aforesaid Resolution of 1953 the following:
"From and after the ratification of this amendment the voters of Tift County shall no longer elect a county school superintendent. There shall be a county school superintendent who shall be selected or appointed by the Board of Education of Tift County. Before any person shall be selected or appointed county school superintendent he shall have all the qualifications which are now, or may hereafter be prescribed by law for county school superintendent of the State, except that any legal requirements as to local residence shall not be applicable."
and inserting in lieu thereof the following:
"The County School Superintendent of Tift County shall be elected by the electors of Tift County instead of by the County Board of Education of Tift County. Any person, in order to be eligible for the office of Tift County School Superintendent, must be a resident of Tift County, and must either be a graduate of an accredited four (4) year college or university and have at least four (4) years experience in public school administration, or have completed five (5) years of study at an accredited college or university and have at least one (1) year experience in public school administration. The County School Superintendent of Tift County shall be compensated in such amount as shall be fixed annually by the Board of Education of Tift County. The County School Superintendent shall be subject to all constitutional provisions and all statutory provisions relative to county school superintendents, unless such provisions are in conflict with the provisions of this Paragraph. In the event this amendment is ratified, it shall be the duty of the Ordinary of Tift County to hold and conduct an election for the purpose of electing the County School Superintendent of Tift
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319
County. The Ordinary shall issue the call for an election not less than thirty (30) days and not more than sixty (60) days after the ratification of this amendment. The Ordinary shall set the date for such election for a day not less than thirty (30) days and not more than sixty (60) days after the issuance of the call. The Ordinary shall cause the date and purpose of the election to be published once a week for a period of two (2) weeks immediately preceding the date thereof in the official organ of Tift County. The Ordinary shall canvass the returns and certify the result of the election, and he shall also certify the result thereof to the Secretary of State. The County School Superintendent elected at such election shall take office July 1, 1961, and shall hold his office until January 1, 1965, or until his successor is elected and qualified. His successor shall be elected in the year 1964, and every four (4) years thereafter at the same time as members of the General Assembly from Tift County are elected. The successor so elected shall have a term of office of four (4) years and until his successor is elected and qualified. The person serving as County School Superintendent of Tift County at the time of the ratification of this amendment shall continue to serve through June 30, 1961."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the election of the County School Superintendent of Tift County by the people instead of by the County Board of Education; and to provide for compensation for members of the County Board of Education.
"Against ratification of amendment to the Constitution so as to provide for the election of the County School Superintendent of Tift County by the people instead of by the County Board of Education; and to provide for compensation for members of the County Board of Education."
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.
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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 Brooks Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster Drew Dykes
Gearreld Greer Hays Holt Home Jernigan Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley
McGill Nixon Pannell Purcell Ramsey Redwine Roach Sanders Screws Shaw Skelton Smith Vaughn Watson
By unanimous consent, 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.
HR 284. By Mr. Tamplin of Morgan:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize Morgan County, Georgia, to levy a tax not exceeding one mill on all of the taxable property in the county for the purpose of creating a fund to be used in assisting, promoting, and encouraging the location of industries in said county; and to provide that such fund may be used to purchase land and erect buildings or other facilities to be rented, leased, or sold to industries; to authorize the governing authorities of said county to select a board of citizens of said county to render advice relative to 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 IV, Paragraph I of the Constitution, as amended, is hereby amended by adding at the end thereof the following :
"Morgan County is hereby authorized to levy a tax, in addition to those already provided for by law, not to exceed one mill, on all the taxable property in the county, for the purpose of creating a fund to be used in assisting, promoting, and encouraging the location of industries in Morgan County. The governing authority of said county, namely, the Board of Commissioners of Roads and Revenues of Morgan County, is hereby authorized to select a board of citizens of said county to render advice relative to the use of such fund. Such fund may be used to pay entertaining, traveling, advertising,
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and other promotional expenses to encourage the location of industries in said county, and to purchase land and erect buildings or other facilities to be rented, leased, or sold to industries."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of 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 Morgan County 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 industries in Morgan County."
"Against ratification of amendment to the Constitution so as to authorize Morgan County 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 industries in Morgan County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 Brooks Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster Drew Dykes
Gearreld Greer Hays Holt Home Jernigan Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley
McGill Nixon Pannell Purcell Ramsey Redwine Roach Sanders Screws Shaw Skelton Smith Vaughn Watson
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By unanimous consent, 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.
HR 285. By Mr. Tamplin of Morgan:
A RESOLUTION
Proposing to the qualified voters of Morgan County, Georgia, an amendment to Article VII, Section IV, Paragraph I (Ga. Code Ann. Sec. 2-5701) of the Constitution of the State of Georgia, to empower the Board of Commissioners of Roads and Revenues of Morgan County, for regulatory and revenue purposes, to assess and collect license fees and occupational taxes against any person, firm or corporation who may engage in any type of business, including but not restricted to the operation of taxicabs and the erection of billboards and other advertising devices, in Morgan County outside of municipalities, with the right and power to classify businesses and assess different license fees and occupational taxes against different classes of business, and with the further power to the board of commissioners to exercise police powers within unincorporated areas over any businesses in the interest of the public welfare, health and security of the people of Morgan County, and to adopt rules and regulations to effectuate the powers herein granted and to enforce the payment of the license fees and taxes, and to provide that a violation of the rules and regulations may be punishable as a misdemeanor, and further, to provide that no enabling legislation by the General Assembly shall be necessary for the exercise of the powers herein granted, but that the General Assembly may at any time modify, alter, restrict and limit the powers herein granted; to provide for the submission of this amendment for rejection or ratification; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section IV, Paragraph I (Ga. Code Ann. Sec. 2-5701) of the Constitution of the State of Georgia be amended by adding thereto the following new paragraph, to-wit:
"The Board of Commissioners of Roads and Revenues of Morgan County, Georgia, shall have the right and power, for regulatory and revenue purposes, to levy, assess, and collect license fees and occupational taxes from any persons, firms or corporations (except those subject to regulation by the State Public Service Commission) who may maintain a place of business or who may in any manner engage in any type of business, including, but not restricted to, the operation of taxicabs and the erection of billboards and other advertising devices, in any area of Morgan County, Georgia, outside the incorporated limits of municipalities; and in levying and assessing such license fees and occupational taxes, the board of commissioners shall have the right and power to classify businesses and to assess different license fees and taxes against different classes of business. To provide for the public welfare, health and security of the people of Morgan County, the board of commissioners of roads and revenues shall have the right to regulate and exercise police powers over any
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323
businesses operated within the unincorporated areas of said county (except those subject to regulation by the State Public Service Commission) and to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted, including the right to enforce payment of the license fees and occupational taxes by the issuance and levy of executions, and to provide that a violation of any such regulations adopted by the board of commissioners of roads and revenues shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the General Laws of the State of Georgia. No further enabling legislation by the General Assembly of Georgia shall be necessary for the exercise of the powers herein granted, but the General Assembly of Georgia may at any time modify, alter, restrict and limit the powers herein granted, and may at any time prescribe the manner and means by which the powers may be exercised by said board of commissioners."
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 "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 Board of Commissioners of Roads and Revenues of Morgan County to assess and collect license fees and occupational taxes upon businesses in Morgan County outside the incorporated limits of municipalities and to regulate same."
"Against ratification of amendment to the Constitution so as to authorize the Board of Commissioners of Roads and Revenues of Morgan County to assess and collect license fees and occupational taxes upon businesses in Morgan County outside the incorporated limits of municipalities and to regulate same."
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:
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Those voting in the affirmative were Senators:
Adams Barrett of 32nd Breedlove Brooks Buff Cannon Carlisle Clary
Crowe Culpepper Darby Doster Drew Dykes
Gearreld Greer Hays Holt Home Jernigan Land Lanier
Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley
McGill Nixon Pannell Purcell Ramsey Redwine Roach Sanders
Screws Shaw Skelton Smith Vaughn Watson
By unanimous consent, 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.
HR 286. By Messrs. Walker and Budd of Lowndes:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the County Board of Education of Lowndes County to borrow funds and pledge certain building funds to the payment thereof; 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 VII, Paragraph I of the Constitution, relating to the limitation on certain debts, is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary notwithstanding, the County Board of Education of Lowndes County is hereby authorized and empowered to borrow funds for the purpose of constructing school buildings and facilities, and pledge the building funds which will or may be forthcoming to Lowndes County from the State through the Minimum Foundation Program for Education as security and payment therefor."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
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325
"For ratification of amendment to the Constitution so as to authorize the County Board of Education of Lowndes County to borrow funds and pledge certain building funds to the payment thereof.
"Against ratification of amendment to the Constitution so as to authorize the County Board of Education of Lowndes County to borrow funds and pledge certain building funds to the payment thereof."
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 Brooks Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster Drew Dykes
Gearreld Greer Hays Holt Home Jernigan Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley
McGill Nixon Pannell Purcell Ramsey Redwine Roach Sanders Screws Shaw Skelton Smith Vaughn Watson
By unanimous consent, verification of the roll call was disposed 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.
HR 316. By Mr. Sheffield of Brooks:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Brooks County Development Authority; to provide for powers, authority,
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funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Brooks County to be known as the Brooks County Development Authority, which shall be an instrumentality of Brooks County and a public corporation and which in this amendment is hereafter referred to as the 'Authority';
"B. The Authority shall be composed of five members. The President of the Quitman and Brooks County Chamber of Commerce, the Chairman of the Brooks County Commission, and the Mayor of the City of Quitman shall be ex officio members of the Authority. The other two members of the Authority shall be appointed by the Board of Commissioners of Roads and Revenues of Brooks County for a term of five years, or until their successors are appointed and qualified. Vacancies shall be filled for the unexpired term by the said Board of Commissioners. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.
"C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Brooks County.
"D. The powers of the Authority shall include but not be limited to, the power:
"(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of Brooks County;
"(2) To receive and administer gifts, grants and donations and to administer trusts;
"(3) To grant, loan and lease any of its funds and property to private persons and corporations promising to operate any industrial plant or establishment within Brooks County which in the judgment of the Authority will be of benefit to the people of said county. The provisions of this clause shall not be construed to limit any other powers of the Authority;
"(4) To borrow money and to issue notes, bonds and revenue certificates therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
"(5) To contract with Brooks County and other political subdivisions and with private persons and corporations and to sue and be sued in its corporate name;
"(6) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the
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power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority.
"(7) To encourage and promote the expansion of industry, agriculture, trade and commerce in Brooks County, and to make long range plans therefor;
"(8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(9) To designate officers to sign and act for the Authority generally or in any specific matter;
"(10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Brooks County;
"F. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority;
"G. The members of the Authority shall receive no compensation for their services to the Authority;
"H. The Authority, with the consent of the Board of Commissioners of Roads and Revenues of Brooks County, is hereby authorized to issue Revenue Certificates to carry out the purposes of this amendment. Revenue Certificates, thus issued, shall be paid from the income of the Authority.
"I. The Commissioners of Roads and Revenues of Brooks County are authorized to levy a tax not exceeding five mills per dollar of assessed valuation for the purposes of the Authority. Said Commissioners may also appropriate to the Authority such amounts from its funds each year as it shall see fit, and any funds transferred from said Commissioners to the Authority shall become part of its funds and may be used by the Authority in accordance with its powers and purposes as herein stated, or as may be hereafter defined by law.
"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;
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"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Brooks County and its citizens, industry, agriculture and trade within the County of Brooks, and making long range plans for such development and expansion and to authorize the use of public funds of Brooks County for such purposes, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose;
"L. This amendment shall he effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty days after such proclamation;
"M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Brooks County, and the scope of its operation shall be limited to the territory embraced within Brooks County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Brooks County.
"N. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of Brooks County."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the 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 create the Brooks County Development Authority.
"Against ratification of amendment to the Constitution so as to create the Brooks County Development Authority."
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 election for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
MONDAY, FEBRUARY, 8, 1960
329
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 Brooks Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster Drew Dykes Gearreld
Greer
Hays Holt Home Jernigan Kiker Land Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley McGill
Nixon
Pannell Purcell Ramsey Redwine Roach Sanders Screws Shaw Skelton Smith Vaughn Watson
By unanimous consent, 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.
HR 321. By Mr. Miller of Elbert:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Elbert County by the people; to provide that the County School Superintendent of Elbert County shall be elected by the County Board of Education; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitution, relating to county boards of education, as amended, particularly by an amendment applying to Elbert County, which was ratified at the general election in 1958, and which may be found in Georgia Laws 1958, page 717, is hereby amended by adding at the end thereof the following:
"The amendment to this Paragraph, applying to Elbert County, ratified at the general election in 1958 and found in Georgia Laws 1958, page 717, is hereby repealed.
"The Board of Education of Elbert County shall be composed of five members to be elected as hereinafter provided. For the purpose of electing such members, Elbert County is hereby divided into five Education Districts. (All directions are general directions from the City of Elberton). Education District No. 1 shall be composed of that area outside the corporate limits of the City of Elberton be-
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tween State Highway 72 (southwest) and State Highway 17 (southeast) . Education 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). Education 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). Education District No. 4 shall be composed of that area outside the corporate limits of the City of Elberton between State Highway 17 (north) and State Highway 72 (southwest). Education District No. 5 shall be composed of that area within the corporate limits of the City of Elberton.
"One member from each of the five Education Districts shall be elected, and in order to be eligible to represent a District on the Board, a person must be a resident of said District. All members of the Board shall be elected by the voters of the entire County of Elbert. If a member removes his residence from the District which he represents, the remaining members of the Board shall immediately declare that a vacancy exists and shall fill such vacancy as provided for hereinafter.
"The persons who were elected as members of the Board at the election in 1958, as provided for in the aforesaid amendment relating to the Elbert County Board of Education, ratified at the general election in 1958, shall take office on January 1, 1961. The persons who were elected from Education Districts Nos. 1, 2 and 3 shall take office for a term of four years and until their successors are elected and qualified. The persons who were elected from Education Districts Nos. 4 and 5 shall take office for a term of two years and until their successors are elected and qualified. Successors to these members shall be elected at the same time as members of the General Assembly from Elbert County are elected, and shall take office on the first day of January immediately following their election for a term of four years and until their successors are elected and qualified. All future successors shall likewise be elected at the same time as members of the General Assembly are elected from Elbert County and shall likewise take office on the first day of January immediately following their election for a term of four years and until their successors are elected and qualified.
"In the event a vacancy occurs on the Board for any reason other than expiration of a term of office, the remaining members of the Board shall appoint a successor to fill the vacancy for the unexpired term. The person appointed to fill the vacancy shall be a resident of the District in which the vacancy occurs. The Board, at its first meeting in January following the election of new members, shall elect a Chairman, who shall serve for two years and until the next Chairman is elected. Any person may succeed himself as Chairman. The terms of the members of the Board of Education existing at the time of the ratification of this amendment shall expire at the end of the year 1960, and such Board shall stand abolished at that time. In the event there is an election for members of the Board of Education in 1960 at the same time as county officers of Elbert County are elected in such year, the persons elected at such election shall not take office, but the persons provided for hereinbefore as members of the Board shall take office, as provided hereinbefore.
"After taking office in 1961, the Board shall elect a County
MONDAY, FEBRUARY, 8, 1960
331
School Superintendent of Elbert County as soon as it has had an. opportunity of choosing a person by it deemed competent and qualified. The Superintendent shall serve at the pleasure of the Board, and the County School Superintendent of Elbert County shall no longer be elected by the voters of Elbert County. The term of any person serving as County School Superintendent of Elbert County at the time of the election by the Board of a Superintendent, as provided herein, shall expire immediately upon the election of a Superintendent by the Board. This shall apply to the term of any person who might be holding over as County School Superintendent and to any person who might have taken office as County School Superintendent in the year 1961 prior to the date of the election of a County School Superintendent by the Board. In the event a person is elected at the general election in 1960 as County School Superintendent of Elbert County, to take office in 1961, and has not taken such office prior to the time of the election of a County School Superintendent by the Board, as provided for hereinbefore, such person shall not take office as County School Superintendent and shall have no right to said office by virtue of said election in 1960, but this shall not preclude the Board from electing such person as County School Superintendent. The Board of Education of Elbert County shall fix the compensation of the County School Superintendent.
"The Board of Education of Elbert County, as provided for herein, and the County School Superintendent of Elbert County, as provided for herein, shall be subject to all other constitutional provisions and all general statutory provisions relative to county boards of education and county school superintendents, respectively, 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, 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 providing the procedure relative to the election of the County Board of Education of Elbert County by the voters of Elbert County and the election of the County School Superintendent of Elbert County by the County Board of Education of Elbert County.
"Against ratification of amendment to the Constitution providing the procedure relative to the election of the County Board of Education of Elbert County by the voters of Elbert County and the election of the County School Superintendent of Elbert County by the County Board of Education of Elbert County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
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JOURNAL OF THE SENATE,
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 Brooks Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster Drew Dykes Gearreld
Greer Hays Holt Home Jernigan Kiker Land Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley McGill
Nixon Pannell Purcell Ramsey Redwine Roach Sanders Screws Shaw Skelton Smith Vaughn Watson
By unanimous consent, 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.
HR 323. By Mr. Jones of Wayne:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Wayne County by the people; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitution, rcii; f ing to county Boards of Education, as amended, particularly by an aniei. iment applying to Wayne County, which was ratified at the general election in 1958, and which may be found in Georgia Laws 1958, page 549, is hereby amended by striking from the resolution proposing an amendment to the Constitution approved March 25, 1958, and ratified
MONDAY, FEBRUARY, 8, 1960
333
in the general election in 1958, the seventh paragraph in its entirety and substituting in lieu thereof the following paragraph.
"The Board of Education of Wayne County shall be composed of six members to be elected as follows: One member shall be elected from each of the Education Districts as herein provided by a majority of the votes of such District; the sixth member of the Board shall be elected by the county at large. Any person offering as a candidate to represent an Education District on the Board must be a resident of the District from which he offers. The sixth member may be elected from any school district in the county. Any person offering as a candidate for the County Board of Education shall declare at the time he qualifies, whether he is offering as a candidate to represent his Education District, or whether he is offering as a candidate as a member at large. Provided, however, the provisions relating to the election of members, as set out above, shall not take effect until the election of 1962, and at that time shall be applicable only to the members elected to fill the positions of Education Districts No. 3 and 4 on January 1, 1963. At each election thereafter, for the purpose of filling an Education District, the provisions contained herein shall apply."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Wayne County by the people.
"Against ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Wayne 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 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:
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JOURNAL OF THE SENATE,
Those voting in the affirmative were Senators:
Adams Barrett of 32nd Breedlove Brooks Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster Drew Dykes Gearreld
Greer Hays Holt Home Jernigan Kiker Land Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley McGill
Nixon Pannell Purcell Ramsey Redwine Roach Sanders Screws Shaw Skelton Smith Vaughn Watson
By unanimous consent, 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.
HR 324. By Messrs. Reed, Willingham and Holcombe of Cobb:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a Zoning and Planning Commission for the unincorporated area of Cobb County; to provide various codes; to provide the procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article III, Section VII, Paragraph XXIII of the Constitution is hereby amended by adding at the end thereof the following:
"The General Assembly is hereby authorized to provide by law for a Zoning and Planning Commission for the unincorporated area of Cobb County now or hereinafter existing. Such law may grant the Commission all the authority which the General Assembly has heretofore been authorized in this Paragraph to grant to the governing authorities of municipalities and counties. The General Assembly is also authorized to provide by law for the promulgation of codes, rules and regulations relating to building, construction, plumbing, heating, air conditioning, ventilating and electrical for the unincorporated area of Cobb County. Authority to administer such codes, rules and regulations may be granted to the Zoning and Planning Commission, authorized hereinbefore, or to the governing authority of Cobb County, or to both, in such manner as the General Assembly may prescribe. The General Assembly may provide for the enforcement of the actions of the Zoning and Planning Commission and for the aforesaid codes, rules and regulations, by the Superior Court of Cobb County. Funds of the county and such other
MONDAY, FEBRUARY, 8, 1960
335
public funds as might be available may be used for the Commission and in the administration of the aforesaid codes, rules and regulations. The General Assembly may provide how such funds may be utilized. The General Assembly is also authorized to provide for all matters relating to the subjects provided for herein."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the General Assembly to provide by law for a Zoning and Planning Commission for the unincorporated area of Cobb County; to provide various codes; and to provide the procedure connected therewith.
"Against ratification of amendment to the Constitution so as to authorize the General Assembly to provide by law for a Zoning and Planning Commission for the unincorporated area of Cobb County; to provide various codes; and to provide the procedure 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.
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 Brooks Buff Cannon Carlisle Clary Crowe
Culpepper Darby Doster Drew Dykes Gearreld Greer Hays Holt
Home Jernigan Kiker Land Lindsey of 53rd Livingston Marshall Marshburn Mercer
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JOURNAL OF THE SENATE,
Mobley McGill Nixon Pannell Purcell
Ramsey Redwine Roach Sanders Screws
Shaw Skelton Smith Vaughn Watson
By unanimous consent, 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.
HR 325. By Messrs. Bostick and Branch of Tift:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Tift County Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Tift County to be known as the Tift County Development Authority, which shall be an instrumentality of Tift County and a public corporation and which in this amendment is hereafter referred to as the 'Authority';
"B. The Authority shall consist of five members. The President of the Tift County Chamber of Commerce, the Chairman of the Tifton City Commission, and the Chairman of the Tift County Board of Commissioners shall be ex officio members of the Authority. In addition the Board of Commissioners of Roads and Revenues of Tift County shall appoint two members who shall serve for a term of five years and shall be eligible for re-appointment. Vacancies shall be filled for the unexpired term by the said Board of County Commissioners. A majority of the members shall constitute a quorum and a majority may act for the Authority in any manner. No vacancy shall impair the power of the Authority to act.
"C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Tift County.
"D. The powers of the Authority shall include but not be limited to, the power:
"(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of Tift County;
"(2) To receive and administer gifts, grants and donations and to administer trusts;
MONDAY, FEBRUARY, 8, 1960
337
" (3) To grant, loan and lease any of its funds and property to private persons and corporations promising to operate any industrial plant or establishment within Tift County which in the judgment of the Authority will be of benefit to the people of said county. The provisions of this clause shall not be construed to limit any other powers of the Authority;
"(4) To borrow money and to issue notes, bonds and revenue certificates therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
"(5) To contract with Tift County and other political subdivisions and with private persons and corporations and to sue and be sued in its corporate name;
"(6) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;
"(7) To encourage and promote the expansion of industry, agriculture, trade and commerce in Tift County, and to make long range plans therefor;
"(8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(9) To designate officers to sign and act for the Authority generally or in any specific matter;
"(10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Tift County;
"F. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority;
"G. The members of the Authority shall receive no compensation for their services to the Authority;
"H. The Authority, with the consent of the Board of Commissioners of Roads and Revenues of Tift County is hereby authorized to issue Revenue Certificates to carry out the purposes of this amendment. Revenue Certificates, thus issued, shall he paid from the income of the Authority.
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JOURNAL OF THE SENATE,
"I. The Commissioners of Roads and Revenues of Tift County are authorized to appropriate to the Authority such amount from its funds each year as it shall see fit, and any funds so appropriated when paid to the Authority shall become a part of its funds and may be used by the Authority in accordance with its powers and purposes as herein stated or as may be hereafter defined by law;
"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;
"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Tift County and its citizens, industry, agriculture and trade within the County of Tift, and making long-range plans for such development and expansion and to authorize the use of public funds of Tift County for such purposes, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose;
"L. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty days after such proclamation;
"M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Tift County, and the scope of its operations shall be limited to the territory embraced within Tift County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Tift County.
"N. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of Tift County."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the 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 create the Tift County Development Authority.
"Against ratification of amendment to the Constitution so as to create the Tift County Development Authority."
All persons desiring to vote in favor of adopting the proposed
MONDAY, FEBRUARY, 8, 1960
339
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 election 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 Brooks Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster Drew Dykes
Gearreld Greer Hays Holt Home Jernigan Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley
McGill Nixon Pannell Purcell Ramsey Redwine Roach Sanders Screws Shaw Skelton Smith Vaughn Watson
By unanimous consent, 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.
HR 333. By Messrs. Andrews and Williams of Hall:
A RESOLUTION
Proposing an amendment to Article VII, Section IV, Paragraph II of the Constitution of Georgia to provide for the establishment of fire prevention districts in Hall County; to authorize Hall County and the municipalities in Hall County to contract with each other for the purpose of exercising the authority granted by this amendment; to authorize municipalities in Hall County to operate fire prevention organizations outside their corporate limit in Hall County; to authorize Hall County to levy a tax for the purpose of fire prevention; to authorize the fire prevention districts of Hall County to issue bonds for fire prevention purposes; to provide the manner of setting up fire prevention districts in Hall County; providing for the submission of this amendment under
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JOURNAL OP THE SENATE,
Article XIII, Section I, Paragraph I, of the Constitution of Georgia; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section IV, Paragraph II of the Constitution of Georgia, relating to the districting of counties, is hereby amended by adding at the end thereof the following:
" (a) The Governing authority of Hall County is hereby granted authority to district areas in said County for fire prevention purposes, and the authority to levy a tax upon the taxable property of each such district to defray all cost of fire protection in each respective district.
"(b) The authority hereby granted shall include authority to include municipalities located in Hall County, within any fire district created hereunder.
"(c) Hall County and each municipality now existing, or hereafter created in said County, are hereby authorized to contract with each other for furnishing property of any kind, materials, supplies, equipment and money for the purpose of carrying out the authority hereby granted.
"(d) Each municipality now existing, or hereafter created in Hall County, is hereby granted authority to operate its fire department, including equipment and personnel, outside its corporate limit within Hall County.
"(e) Hall County is hereby granted authority to levy a tax for the creation, maintenance and operation of any fire prevention organization created hereunder, and to pay any bonds issued by the fire districts created hereunder for the purpose of establishing fire prevention organizations.
" (f) The fire prevention districts authorized hereby are hereby granted authority to issue bonds for the purpose of acquiring property of any kind, material, equipment and supplies required for fire prevention purposes.
"(g) Before any fire prevention district is created hereunder, the governing authority of Hall County shall designate the area to compose said district and establish the boundaries thereof. After said area is designated and boundaries established, the governing authority of Hall County shall submit to the voters in said proposed fire prevention district who are qualified to vote for members of the General Assembly the question of whether or not said district shall be created. A proposed fire protection district shall be created only when approved by a majority of the qualified voters voting in said election."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
MONDAY, FEBRUARY, 8, 1960
341
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution to grant authority to Commissioners of Roads and Revenues of Hall County to district areas for fire protection purposes and to levy a tax to defray the cost of fire protection.
"Against ratification of amendment to the Constitution to grant authority to Commissioners of Roads and Revenues of Hall County to district areas for fire protection purposes and to levy a tax to defray the cost of fire protection."
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 Brooks Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster Drew Dykes
Gearreld Greer Hays Holt Home Jernigan Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley
McGill Nixon Pannell Purcell Ramsey Redwine Roach Sanders Screws Shaw Skelton Smith Vaughn Watson
By unanimous consent, 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.
HR 335. By Messrs. Cox and Matthews of Clarke:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the paving of streets in Clarke County, and to authorize the cost thereof to be assessed against the property on each side of such streets; to provide
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for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article XI, Section I, Paragraph I of the Constitution, relating to counties and the boundaries thereof, is amended by adding at the end thereof the following:
"The governing authority of Clarke County is hereby authorized to provide for the construction and maintenance, which shall include paving of streets, sidewalks or curbing, either one or a combination of two or more, in the urban areas of such county outside the corporate limits of any municipality located in such county, and to assess the cost thereof on a lineal foot basis against the abutting property owners. The governing authority is further authorized to provide for the issuance and enforcement of execution for the collection of such assessments, and for the creation of liens thereby against such abutting property."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the paving of streets in Clarke County and to authorize the cost thereof to be assessed against the property on each side of such streets.
"Against ratification of amendment to the Constitution so as to provide for the paving of streets in Clarke County and to authorize the cost thereof to be assessed against the property on each side of such streets."
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:
MONDAY, FEBRUARY, 8, 1960
343
Those voting in the affirmative were Senators:
Adams Barrett of 32nd Breedlove Brooks Buff Cannon Carlisle Clary
Crowe Culpepper Darby Doster Drew Dykes
Gearreld Greer Hays Holt Home Jernigan Land Lanier
Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley
McGill Nixon Pannell Purcell Ramsey Redwine Roach Sanders
Screws Shaw Skelton Smith Vaughn Watson
By unanimous consent, 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.
HR 336. By Messrs. Cox and Matthews of Clarke:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to authorize the Board of Commissioners of Roads and Revenues of Clarke County, Georgia, to establish districts for the purpose of building, erecting, establishing, maintaining and operating storm sewers and street lights, and a system of garbage collection within said county; to levy taxes and/or assessments or service charges for construction, maintenance and operation of same without exemptions and without regard to uniformity; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section IV, Paragraph I of the Constitution of the State of Georgia of 1945, is amended by adding a new paragraph thereto, which shall read as follows:
"The Board of Commissioners of Roads and Revenues of Clarke County, Georgia, as the governing authority of said county, is hereby authorized and empowered to establish districts for the purpose of building, erecting, establishing, maintaining and operating within Clarke County; storm sewers for the removal and disposal of surface waters and streams; street lights and lamps for illumination of the public streets, roads, sidewalks and ways situated in said county; and a system of garbage collection; or for any of the foregoing. For the carrying out of the aforesaid powers and purposes, said Board of Commissioners shall be further authorized to levy a tax and/or special assessments on the full tax assessed value of all property in said districts without exemption for the aforesaid purposes or make service charges against all businesses and residents
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served by said facilities, or either of said facilities, as said Board of Commissioners shall deem necessary for the services rendered, all without regard for uniformity. The same shall be collected by the tax collectors of said county and may be enforced by the issuance of fi fas or executions for said charges in the same manner and with the same lien dignity and priority as fi fas or executions are issued for State and County taxes. Said Board shall also have authority to compel compliance with reasonable rules and regulations necessary for said services."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members 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 the establishment, maintenance and operation of storm sewer, street light and garbage collection districts within Clarke County.
"Against ratification of amendment to the Constitution so as to provide for the establishment, maintenance and operation of storm sewer, street light and garbage collection districts within Clarke County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 Brooks Buff Cannon Carlisle
Clary Crowe
Culpepper Darby Doster Drew Dykes
Gearreld Greer
Hays Holt Home Jernigan Land
MONDAY, FEBRUARY, 8, 1960
345
Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley
McGill Nixon Pannell Purcell Ramsey Redwine Roach
Sanders Screws Shaw Skelton Smith Vaughn Watson
By unanimous consent, 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.
HR 337. By Messrs. Cox and Matthews of Clarke:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Clarke County to issue and require building permits, to charge fees therefor, and to establish a building code; to prescribe the procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section VIII, Paragraph XXIII of the Constitution, relating to zoning and planning laws, is amended by adding at the end thereof the following:
"The governing authority of Clarke County is hereby authorized to issue and require building permits for all buildings and structures which are to be constructed in Clarke County outside the corporate limits of any municipality, and to charge fees for such permits, which, in the discretion of the governing authority, shall not exceed the actual cost of any inspections which must be made relative to the issuance of such permits plus an amount which, in the discretion of the governing authority, should be charged to help defray the cost of the administration of this provision. The governing authority is further authorized to establish a building code governing all such construction, and to refuse building permits in cases where such construction does not conform with such code and cases where the governing authority, in its discretion, decides that the land upon which such construction is to be performed is unsatisfactory from a drainage or sanitary standpoint.
The governing authority is hereby authorized to employ personnel to assist in carrying out the purposes of this provision, and is authorized to delegate to such personnel such of its duties as it seems advisable, except that the final decision as to whether the permit shall rest with the governing authority, rather than such personnel."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each
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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 governing authority of Clarke County to issue and require building permits, to charge fees therefor, and to establish a building code.
"Against ratification of amendment to the Constitution so as to authorize the governing authority of Clarke County to issue and require building permits, to charge fees therefor, and to establish a building code."
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 election 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 Brooks Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster Drew Dykes
Gearreld
Greer Hays Holt Home Jernigan Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley
McGill
Nixon Pannell Purcell Ramsey Redwine Roach Sanders Screws Shaw Skelton Smith Vaughn Watson
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 42, nays 0.
MONDAY, FEBRUARY, 8, 1960
347
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
HR 338. By Messrs. Cox and Matthews of Clarke:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia, to empower the Board of Commissioners of Roads and Revenues of Clarke County, for regulatory and revenue purposes, and to assess and collect license fees and occupational taxes against any person, firm or corporation who may engage in any type of business, including the operation of taxicabs, in Clarke County outside of municipalities, with the right and power to classify businesses and assess different license fees and occupational taxes against different classes of business, and with the further power to the Board of Commissioners to exercise police powers within unincorporated areas over any businesses in the interest of the public welfare, health and security of the people of Clarke County, and to adopt rules and regulations to effectuate the powers herein granted and to enforce the payment of the license fees and taxes, and to provide that a violation of the rules and regulations may be punishable as a misdemeanor, and further, to provide that no enabling legislation by the General Assembly shall be necessary for the exercise of the powers herein granted, but that the General Assembly may at any time modify, alter, restrict, and limit the powers herein granted; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section IV, Paragraph I (Code 2-5701) of the Constitution of the State of Georgia is amended by adding thereto the following new paragraph, to-wit:
"The Board of Commissioners of Roads and Revenues of Clarke County, Georgia, shall have the right and power, for regulatory and revenue purposes to levy, assess, and collect license fees and occupational taxes from any persons, firms or corporations (except those subject to regulation by the State Public Service Commission) who may maintain a place of business, including the operation of taxicabs, in any area of Clarke County outside the incorporated limits of municipalities; and in levying and assessing such license fees and occupational taxes the Board of Commissioners shall have the right and power to classify businesses and to assess different license fees and taxes against different classes of business. To provide for public welfare, health and security of the people of Clarke County, the Board of Commissioners of Roads and Revenues shall have the right to regulate and exercise police powers over any businesses operated within the unincorporated areas of said county (except those subject to regulation by the State Public Service Commission) and to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted, including the right to enforce payment of the license fees and occupational taxes by the issuance and levy of executions, and to provide that a violation of any such regulations adopted by the Board of Commissioners of Roads and Revenues shall constitute a mis-
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demeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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 Article VII, Section IV, Paragraph I of the Constitution authorizing the Board of Commissioners of Roads and Revenues of Clarke County to assess and collect license fees and occupational taxes upon businesses in Clarke County outside the incorporated limits of municipalities and to regulate same.
"Against ratification of amendment to Article VII, Section IV, Paragraph I of the Constitution authorizing the Board of Commissioners of Roads and Revenues of Clarke County to assess and collect license fees and occupational taxes upon businesses in Clarke County outside the incorporated limits of municipalities and to regulate same."
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 Brooks Buff Cannon Carlisle Clary
Crowe
Culpepper Darby Doster Drew Dykes Gearreld Greer
Hays
Holt Home Jernigan Land Lanier Lindsey of 53rd Livingston
MONDAY, FEBRUARY, 8, 1960
349
Marshall Marshburn Mercer Mobley McGill Nixon
Pannell Purcell Ramsey Redwine Roach Sanders
Screws Shaw Skelton Smith Vaughn Watson
By unanimous consent, 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.
HR 339. By Messrs. Cox and Matthews of Clarke:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to empower the Commissioners of Roads and Revenues of Clarke County, Georgia to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said Board and to provide penalties for violation of such ordinances; to provide for the submission of this amendment for rejection or ratification; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1.
Article XI, Section I, Paragraph I of the Constitution of the State of Georgia of 1945 is amended by adding a new paragraph, which shall read as follows:
"The General Assembly of the State of Georgia is hereby authorized:
"1. To empower the Board of Commissioners of Roads and Revenues of Clarke County, Georgia, to adopt ordinances or regulations for the governing and policing of said county for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof, of regulating the traffic on the streets, roads and highways thereof as it may deem advisable, not in conflict with the general laws of this State and of the United States, and for the implementation and enforcement of all duties and powers now or hereafter vested in said Board as the governing authority of Clarke County, Georgia, and to provide penalties for violations of such ordinances.
"2. In the event any phrase, clause, paragraph, or portion thereof, of this amendment shall be adjudged invalid for any reason whatsoever such adjudication shall in no manner affect the other phrases, clauses, paragraphs or portions of this amendment, which shall remain of full force and effect, as if the phrase, clause, paragraph, or portion thereof so adjudged invalid was not originally a part hereof."
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SECTION 2.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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 to provide for the adoption of ordinances for policing of Clarke County and enforcement of County ordinances.
"Against ratification of amendment to the Constitution to provide for the adoption of ordinances for policing of Clarke County and enforcement of County ordinances."
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:
Adams Barrett of 32nd Breedlove Brooks Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster Drew Dykes Gearreld
Greer Hays Holt Home Jernigan Kiker Land Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley McGill
Nixon Pannell Purcell Ramsey Redwine Roach Sanders Screws Shaw Skelton Smith Vaughn Watson
By unaimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 42, nays 0.
MONDAY, FEBRUARY, 8, 1960
351
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
SB 166. By Senators Culpepper of the 7th and Sanders of the 18th:
A bill to amend an act approved March 27, 1941 (Ga. Laws 1941, p. 449), as amended relating to the governing and regulating of the use of the public roads and highways of this State by providing for dimensions, length and weights of motor vehicles and providing that onehalf of all the money arising from fines and forfeitures for criminal violations shall be paid by the Clerk of the Court into the Treasurer of the State Highway Department, who shall convey same into the General Fund, etc.; and for other purposes.
The Committee on Public Utilities and Transportation offered the following substitute:
AN ACT
To amend an Act approved March 27, 1941 (Ga. Laws 1941, p. 449), as amended, particularly by an Act approved February 13, 1956 (Ga. Laws 1956, p. 83) which Acts relate to the governing and regulating of the use of the public roads and highways of this State by providing for dimensions, length and weights of motor vehicles and providing penalties for the violation of same, so as to provide that one-half of all the money arising from fines and forfeitures paid for criminal violations under said Act shall be paid by the Clerk of the Court receiving same into the treasurer of the State Highway Department who shall convey into the General Fund of the State Treasury; to provide for funds to be made available by the Budget Bureau; to repeal conflicting laws and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The Act approved March 27, 1941 (Ga. Laws 1941, p. 449), as amended, particularly by an Act approved February 13, 1956 (Ga. Laws 1956, p. 83), which Acts relate to the governing and regulation of the use of the public roads and highways of this State by providing for dimensions, length and weights of motor vehicles, and providing penalties for the violation of same, is hereby amended by adding the following sentence at the end of the first paragraph of Section 3 of said Act of 1956:
"One-half of all money arising from such fines and forfeitures shall be remitted by the Clerk of the Court in which said case is disposed of, to the Treasurer of the State Highway Department of Georgia, who shall convey same into the General Fund of the State Treasury, and the other half of such money shall be paid by said Clerk into the Fine and Forfeiture fund of the County Treasury in the same manner and subject to the same rules of distribution as other fines and forfeitures. The Budget Bureau shall make available to the State Highway Department an amount not less than the amount taken in by the State under the provisions of this Section. This sum shall be for highway maintenance purposes and shall be in addition to any sums now appropriated to or available to said Department."
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So that said Section when so amended shall read:
"Section 3. Any person violating this Act or operating any motor vehicle on the public roads or highways of this State having a greater length than authorized by this Act or with a gross weight in excess of that permitted by this Act shall be guilty of a misdemeanor and, on conviction, shall be punished as provided by law: Provided, however, that the fine imposed for any such violation shall be Forty Dollars, or one cent per pound for the first one-thousand pounds of excess weight, plus two cents per pound for the next two thousand pounds of excess weight, plus three cents per pound for the next two thousand pounds of excess weight, plus four cents per pound for the next three thousand pounds of excess weight, plus five cents per pound for all excess weight above eight thousand pounds, whichever may be greater. One-half of all money arising from such fines and forfeitures shall be remitted by the Clerk of the Court in which said case is disposed of, to the Treasurer of the State Highway Department of Georgia, who shall convey same into the General Fund of the State Treasury, and the other half of such money shall be paid by said Clerk into the Fine and Forfeiture Fund of the County Treasury in the same manner and subject to the same rules of distribution as other fines and forfeitures. The Budget Bureau shall make available to the State Highway Department an amount not less than the amount taken in by the State under the provisions of this Section. This sum shall be for highway maintenance purposes and shall be in addition to any sums now appropriated to or available to said Department. It shall be the duty of the Department of Public Safety, and of all other law enforcement officers, to enforce this Act."
SECTION 2. All laws or 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 substitute was adopted.
The report of the committee, which was favorable to the passage of "the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 188. By Senator Greer of the 6th:
A bill regulating the use of the public roads and highways of this State by providing for penalties for the violation of 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 33, nays 0.
MONDAY, FEBRUARY, 8, 1960
353
The bill, having received the requisite constitutional majority, was passed.
SR 100. By Senators Clary of the 29th, Smith of the 4th, Mercer of the 49th and others:
A resolution creating a committee for the purpose of studying Civil Defense structures; 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 625. By Messrs. Carswell and Tucker of Burke and others:
A bill to amend code section 67-1105 relating to securing advances made for the purpose of planting, making or gathering a crop, by giving a bill of sale; and for other purposes.
Senator Culpepper of the 7th offered the following amendment:
Amend HB 625 section 1 by adding at the end thereof: "But shall be superior to a judgment of older date than such bill of sale."
On the adoption of the amendment, the ayes were 41, nays 0.
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 0.
The bill, having received the requisite constitutional majority was passed as amended.
HB 639. By Mr. Hollis of Muscogee:
A bill to amend an act relating to voting by mail, and the use of voting machines; and for other purposes.
The report 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 646. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to abolish the Veterans' Home Commission; 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 649. By Messrs. Twitty of Mitchell, Smith of Emanuel, Ray of Warren, Cox of Clarke and others:
A bill to transfer the Alcoholism Commission to the Department of Public 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.
HB 651. By Messrs. Twitty of Mitchell, Smith of Emanuel, Ray of Warren and others: A bill to abolish the State Department of Confederate Pensions and Records; and for other purposes.
The report 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 659. By Messrs. Hall of Floyd, Irvin of Habersham, Fowler of Treutlen and others: A bill to amend an act relating to the compensation of the State Superintendent of 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, the ayes were 26, nays 3.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Jernigan of the 5th gave notice that at the proper time he would move to reconsider HB 659.
HB 683. By Messrs. Gowen of Glynn and Musgrove of Clinch: A bill to amend an act creating the Jekyll Island State Park Authority,
MONDAY, FEBRUARY, 8, 1960
355
so as to revise the Revenue Anticipation Certificate and Bond provisions, 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 35, nays 0.
The bill, having- received the requisite constitutional majority, was passed.
Senator Ramsey of the 1st, 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 bill and/or resolution 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 of Representatives:
SB 182.
SR 110.
Respectfully submitted,
Ramsey of the 1st District, Chairman.
HB 725. By Messrs. Summers of Crisp and Carr of Dooly:
A bill to amend an act effecting a complete revision of the laws relating to the qualifications and registration of voters, so as to provide for the disposition of applications and records; and for other purposes.
The report 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 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, Tuesday, February 9, 1960.
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. W. Harvey Wages, a retired Baptist minister of Ashburn, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Jernigan of the 5th moved that the Senate reconsider its action on the following bill of the House:
HB 659. By Messrs. Hall of Floyd, Irvin of Habersham and others:
A bill to amend an act relating to the compensation of the State Superintendent of Schools; and for other purposes.
On the motion, the ayes were 32, nays 0, and the motion prevailed.
Senator Cannon of the 40th 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 Culpepper of the 7th 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 349. By Messrs. Twitty and Palmer of Mitchell, and Ray of Warren:
A bill to be entitled an act to amend an act creating the Livestock Development Authority; to provide for industrial development and
TUESDAY, FEBRUARY 9, 1960
357
agricultural development within the State of Georgia; and for other purposes.
HB 700. By Messrs. Blalock of Clayton and Ray of Warren:
A bill to be entitled an act to amend Code Section 68-208 and 68-212, relating to payment of motor vehicle licenses; and for other purposes.
HB 714. By Messrs. Twitty of Mitchell and McClelland of Fulton:
A bill to be entitled an act to amend an act relating to taxation by municipal corporations to support individual school systems, to define such taxes, and determine termination; and for other purposes.
HB 751. By Messrs. Cheatham, Brennan and McGee of Chatham, and Fowler of Douglas:
A bill to be entitled an act relating to gifts of securities to minors, to provide that Security shall include shares, share accounts and savings accounts; and for other purposes.
HR 375. By Messrs. Blalock of Clayton and Ray of Warren:
A resolution to ratify, approve and confirm the executive order of the Governor, suspending collection of tax imposed by Georgia Retailers' and Consumers' Sales and Use Tax Act; and for other purposes.
HB 850. By Messrs. Story and Morgan of Gwinnett, and others:
A bill to be entitled an act to create a new judicial circuit for the State of Georgia, to be known as the Gwinnett Judicial Circuit; and for other purposes.
HB 851. By Messrs. Story and Morgan of Gwinnett, and others:
A bill to be entitled an act to repeal an act placing the Solicitor General of the Piedmont Judicial Circuit on salary in lieu of a fee basis; and for other purposes.
HR 358. By Messrs. Newton of Colquitt, Twitty of Mitchell, Fowler of Douglas, and many others:
A resolution proposing an amendment to the Constitution to provide that the Commissioner of Agriculture shall be an ex officio member of the Board of Regents; and for other purposes.
HB 912. By Mr. Barber of Jackson:
A bill to be entitled an act to authorize the Board of Regents of University System of Georgia to procure liability insurance for the operation of nuclear facilities at any school under control of the Board; and for other purposes.
HR 409. By Mr. Parker of Appling:
A resolution authorizing the conveyance of property to Appling County; and for other purposes.
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The House has passed the following senate bill by substitute, to-wit:
SB 90. By Senator Roach of the 39th:
A bill to be entitled an act 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.
The following bills were introduced, read the first time and referred to committees:
SB 220. By Senator Buff of the 44th:
A bill to eliminate a tax exemption provision for certain real and personal property in the City of Ringgold; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 221. By Senators Doster of the 48th and Greer of the 6th:
A bill to provide that the term "Motor Carrier" shall include motor vehicles engaged in the transportation of fertilizer; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
SB 222. By Senator Roper of the 19th:
A bill to change the corporate limits of the City of Union Point; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 223. By Senators McGill of the 50th and Mobley of the 12th:
A bill to amend the "Structural Pest Control Act"; and for other purposes.
Referred to Committee on Government Operations.
SB 224. By Senator Greer of the 6th:
A bill declaring the policy of the General Assembly of Georgia in respect to public proceedings; to provide penalty for person impeding such body; and for other purposes.
Referred to Committee on Rules.
SR 111. By Senator Ramsey of the 1st:
A resolution to authorize and empower the Commissioners of Chatham County to levy a retailers' and consumers' sales and use tax; and for other purposes.
Referred to Committee on Rules.
HB 349. By Messrs. Twitty and Palmer of Mitchell and Ray of Warren: A bill to amend an act creating the Livestock Development Authority;
TUESDAY, FEBRUARY 9, 1960
359
to provide for industrial development and agricultural development within the State of Georgia; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 700. By Messrs. Blalock of Clayton and Ray of Warren:
A bill to amend code section 68-208 and 68-212, relating to payment of motor vehicle licenses; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 714. By Messrs. Twitty of Mitchell and McClelland of Fulton:
A bill to amend an act relating to taxation by municipal corporations to support individual school systems, to define such taxes, and determine termination; and for other purposes.
Referred to Committee on Educational Matters.
HB 751. By Messrs. Cheatham, Brennan and McGee of Chatham and Fowler of Douglas:
A bill relating to gifts of securities to minors, to provide that security shall include shares, share accounts and savings accounts; and for other purposes.
Referred to Committee on Judiciary.
HB 850. By Messrs. Story and Morgan of Gwinnett:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Gwinnett Judicial Circuit; and for other purposes.
Referred to Committee on Judiciary.
HB 851. By Messrs. Story and Morgan of Gwinnett and others:
A bill to repeal an act placing the solicitor general of the Piedmont Judicial Circuit on salary in lieu of a fee basis; and for other purposes.
Referred to Committee on Judiciary.
HB 912. By Mr. Barber of Jackson:
A bill to authorize the Board of Regents of University System of Georgia to procure liability insurance for the operation of nuclear facilities at any school under control of the Board; and for other purposes.
Referred to Committee on Educational Matters.
HR 358. By Messrs. Newton of Colquitt, Twitty of Mitchell, Fowler of Douglas and many others:
A resolution proposing an amendment to the Constitution to provide that the Commissioner of Agriculture shall be an ex officio member of the Board of Regents; and for other purposes.
Referred to Committee on Rules.
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HR 375. By Messrs. Blalock of Clayton and Ray of Warren:
A resolution to ratify, approve and confirm the executive order of the Governor, suspending collection of tax imposed by Georgia Retailers' and Consumers' Sales and Use Tax Act; an for other purposes.
Referred to Committee on Rules.
HR 409. By Mr. Parker of Appling:
A resolution authorizing the conveyance of property to Appling County; and for other purposes.
Referred to Committee on Government Operations.
The following bills were read the second time:
SB 218. By Senator Sanders of the 18th:
A bill to change the provisions relating to the compensation of the members of the Georgia Ports Authority; and for other purposes.
SB 219. By Senator Greer of the 6th:
A bill to provide that the Georgia Public Service Commission shall have the police powers and authority to delegate the authority to enforce the provisions of the "Motor Carrier Act"; and for other purposes.
HB 102. By Mr. Andrews of Hall:
A bill to provide a salary for the Official Court Reporter of the Northeastern Judicial Circuit in lieu of fees for the attendance and reporting of felony cases; and for other purposes.
HB 581. By Messrs. Kidd and Chandler of Baldwin and others:
A bill to amend an act relating to the restoration to sanity of insane persons; and for other purposes.
HB 892. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to provide for the creation of the "Savannah Transit Authority"; and for other purposes.
HB 898. By Mr. Denmark of Liberty:
A bill to amend an act providing for the compensation of the sheriff and clerk of the Superior Court of Liberty County; and for other purposes.
HB 910. By Messrs. Killian and Gowen of Glynn:
A bill to amend an act creating the City Court of Brunswick; to change the compensation of the officials and employees; and for other purposes.
HB 911. By Mr. Parker of Appling: A bill to amend an act establishing the City of Baxley, so as to change
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361
the compensation of the solicitor of the city court; and for other purposes.
HB 913. By Messrs. Steis of Harris:
A bill to amend an act creating a new charter for the City of Hamilton, so as to change the corporate limits; and for other purposes.
HB 914. By Mr. Kimmons of Pierce: A bill to amend an act establishing the City Court of Blackshear; and for other purposes.
HB 916. By Mr. Ingle of Gordon: A bill to extend the corporate limits of the City of Calhoun; and for other purposes.
HB 921. By Messrs. Walker and Budd of Lowndes: A bill to amend an act relating to the charter of the City of Valdosta and relating to retirement; and for other purposes.
HB 924. By Messrs. Caldwell and Echols of Upson: A bill creating a new charter for the City of Thomaston, to extend corporate limits; and for other purposes.
HB 925. By Messrs. Andrews and Williams of Hall: A bill to amend the charter of the City of Gainesville relative to the Civil Service Board; and for other purposes.
HB 926. By Mr. Fowler of Douglas: A bill creating a Board of Commissioners of Roads and Revenues of Douglas County; and for other purposes.
HB 928. By Messrs. Winkle and Smith of Whitfield: A bill relating to the charter of the City of Dalton and certain Land Lots; and for other purposes.
HB 929. By Mr. Smith of Whitfield: A bill to amend an act incorporating the City of Dalton, relating to Civil Service Commission; and for other purposes.
HB 933. By Messrs. Floyd and Loggins of Chattooga:
A bill to amend an act to incorporate the Town of Trion, to extend the corporate limits; and for other purposes.
HB 934. By Messrs. Floyd and Loggins of Chattooga:
A bill to amend an act to incorporate the Town of Trion, to extend corporate limits; and for other purposes.
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HB 937. By Mr. Sheffield of Brooks:
A bill to amend an act creating a new charter for the City of Quitman, providing said city may levy a tax for constructing a National Guard Armory; and for other purposes.
HB 938. By Messrs. McClelland, Smith and Brooks of Fulton:
A bill abolishing Justice Courts in the City of Atlanta and establishing the Civil Court of Fulton County; and for other purposes.
HB 939. By Messrs. Fuqua, Fleming and Edwards of Richmond:
A bill to change from the fee to the salary system in certain counties certain county officials; and for other purposes.
HB 942. By Messrs. Keever and Bradley of Bartow:
A bill to amend an act to incorporate the City of Emerson, to empower said city to grant franchises, licenses, easements and rights of way in public streets; and for other purposes.
HR 119. By Mr. Hill of Tattnall:
A resolution directing the State Board of Corrections to compensate Mr. Alexander J. Horak for damages to his car by negligence of a prisoner at the Georgia State Prison; and for other purposes.
HR 128. By Mr. Hale of Dade: A resolution to compensate Grady Bradford and Lunsford J. Neal; and for other purposes.
HR 144. By Mr. Smith of Fulton: A resolution to compensate Berkeley Pump Company of Atlanta, Georgia, for damages to its automobile; and for other purposes.
HR 151. By Messrs. McKenna of Bibb, Ingle of Gordon and others:
A resolution authorizing the State Department of Defense to pay workmen's compensation benefits to Walter R. Ellington; and for other purposes.
HR 152. By Mr. Saffold of Toombs: A resolution to compensate Mr. Willie F. LaFavor; and for other purposes.
HR 174. By Mr. Phillips of Walton: A resolution to compensate Robert A. Higginbotham: as individual and as executor of the estate of his father Henry Grady Higginbotham; and for other purposes.
HR 175. By Messrs. Keever and Bradley of Bartow:
A resolution to compensate Mrs. Margaret Reilly; and for other purposes.
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363
HR 176. By Messrs. Keever and Bradley of Bartow: A resolution to compensate Janet Reilly; and for other purposes.
HR 177. By Mr. Cheatham of Chatham:
A resolution to compensate Mrs. Maggie C. Baxter for damages to an automobile in accident with a State Highway Department truck; and for other purposes.
HR 183. By Mr. Cheatham of Chatham:
A resolution to compensate Mrs. Maggie C. Baxter for damages to an automobile in accident with a State Highway Department truck; and for other purposes.
HR 209. By Messrs. Story and Morgan of Gwinnett: A resolution to compensate Loyd Tatum; and for other purposes.
HR 234. By Messrs. Griffin and Taylor of Decatur:
A resolution to compensate the American Sumatra Tobacco Company; an for other purposes.
HR 278. By Mr. Williams of Hall: A resolution to compensate Mr. John D. Wall; and for other purposes.
HR 283. By Mr. Hood of White:
A resolution to compensate and reimburse Mr. Oscar W. Cook; and for other purposes.
HR 287. By Messrs. Lee and Blalock of Clayton: A resolution to compensate Hugh J. Humphries; and for other purposes.
HR 354. By Mr. Andrews of Hall:
A resolution to compensate Mr. Hoyt Anderson; and for other purposes.
HR 371. By Messrs. Birdsong and Lam of Troup: A resolution to compensate Mr. J. C. Cooley; and for other purposes.
HR 348. By Mr. McGibony of Greene: A resolution to compensate Mr. Lee Roy Nation; and for other purposes.
Mr. 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 Senate and has
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instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 190. Do Pass.
SB 191. Do Pass.
SB 193. Do Pass as Amended.
SB 198. Do Pass.
SB 199. Do Pass.
SB 202. Do Pass.
SB 203. Do Pass.
SB 204. Do Pass.
SB 205. Do Pass.
SB 207. Do Pass.
SB 208. Do Pass.
SB 211. Do Pass.
HB 780. Do Pass.
HB 781. Do Pass.
HB 784. Do Pass.
HB 787. Do Pass.
HB 859. Do Pass.
HB 860. Do Pass.
HB 870. Do Pass.
HB 871. Do Pass.
HB 872. Do Pass.
HB 873. Do Pass as Amended.
HB 875. Do Pass.
HE 356. Do Pass.
Respectfully submitted,
Brown of 52nd District, Chairman.
Mr. 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 :
SB 215. Do Pass.
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365
SB 212. Do Pass. HB 901. Do Pass. HB 888. Do Pass. HB 903. Do Pass. HB 904. Do Pass. HB 902. Do Pass. HB 769. Do Pass. HB 813. Do Pass. HB 896. Do Pass. HB 876. Do Pass. HB 895. Do Pass. HB 894. Do Pass.
Respectfully submitted,
Brown of 52nd District, Chairman.
Mr. Vaughn of the 34th 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:
HB 690. Do Pass.
HB 634. Do Pass.
SB 157. Do Pass.
HB 724. Do Pass.
HB 807. Do Pass.
HB 689. Do Pass.
HB 734. Do Pass.
SB 209. Do Pass.
HB 641. Do Pass.
Respectfully submitted,
Vaughn of 34th District, Chairman.
Mr. 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 579. Do Pass.
HB 682. Do Pass. HB 716. Do Pass.
HB 755. Do Pass by Substitute.
Respectfully submitted,
Jernigan of 5th District, Chairman.
The following local uncontested bills were read the third time and put upon their passage:
SB 193. By Senator Skelton of the 30th:
A bill to amend an act incorporating the Town of Hartwell, in Hart County, approved Feb. 26, 1856 (Ga. Laws 1855, p. 383), as amended, so as to provide that the Board of Aldermen shall have the power of eminent domain; to change the time required in giving notice of intention to seek the offices of Mayor and Aldermen of the City of Hartwell; to repeal conflicting laws; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend SB 193 by striking from section 1 the words "electric light" and the comma that follows said words as they appear between the words "any" and "water", and the words "electric light and power plant" as they appear between the words "plant" and "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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 190. By Senator Pannell of the 43rd:
A bill changing the corporate limits of the City of Chatsworth, 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 40, nays 0. The bill, having received the requisite constitutional majority, was passed.
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367
SB 191. By Senator Pannell of the 43rd:
A bill granting a new charter to the City of Spring Branch so as to provide that an ad valorem tax not to exceed five mills may be levied; and for other purposes.
The report 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 198. By Senator Sanders of the 18th:
A bill relating to the change from the fee to the salary system in certain counties in Georgia having a population of not less than 108,000 inhabitants; and for other purposes.
The report 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 199. By Senator Lindsey of the llth:
A bill to provide the method and procedure for the issuance and validation of revenue certificates or bonds by the Terrell County Development 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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 202. By Senator Pannell of the 43rd: A bill to provide for the closing of a portion of Walnut Street in the City of Chatsworth; and for other purposes.
The report 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.
SB 203. By Senator Brown of the 52nd: A bill to provide that the Sheriff of Fulton County shall be eligible for the benefits of the "Retirement Act"; 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 204. By Senator Brown of the 52nd:
A bill to provide for registrars in counties having more than 400,000 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 205. By Senator Brown of the 52nd:
A bill to abolish the office of County Treasurer in counties having a population of more than 400,000; 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 207. By Senator Brown of the 52nd:
A bill to provide for the appointment and terms of the Directors of Public Safety in 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 208. By Senator Brown of the 52nd:
A bill to provide for the sale of county property 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 28, nays 0.
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369
The bill, having received the requisite constitutional majority, was passed.
SB 211. By Senator Doster of the 48th:
A bill changing the compensation of the members of the Board of Commissioners of Roads and Revenues of Wilcox 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.
SB 212. By Senator Carlisle of the 51st:
A bill to increase the salary and expenses of the Mayor and Council of the City of Macon; and for other purposes.
The report 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 215. By Senator Brown of the 52nd:
A bill to provide that employees of Fulton County may reside within adjoining counties as well as 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 769. By Messrs. Twitty and Palmer of Mitchell:
A bill to amend an act creating a new charter for the City of Camilla; 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.
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JOURNAL OF THE SENATE,
HB 780. By Mr. Singer of Stewart:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of the County of Stewart, so as to change the amount of compensation paid to 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 781. By Mr. Singer of Stewart:
A bill to amend an act creating a new charter for the Town of Lumpkin, 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 784. By Mr. Hedden of Towns:
A bill incorporating the Town of Young Harris, to reincorporate the town of Young Harris; to provide for 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 787. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill to authorize a stenographer to be present with the Grand Jury while witnesses are being examined 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 35, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 813. By Mr. Bozeman of Thomas:
A bill to create a body corporate and politic of the City of Thomasville
TUESDAY, FEBRUARY 9, 1960
371
to be known as the Thomasville Payroll Development 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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 859. By Mr. Watson of Houston:
A bill to amend an act incorporating the municipality of Elberta, 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 860. By Mr. Watson of Houston:
A bill to provide a salary for the Tax Commissioner of Houston County, to provide for clerks for said Tax Commissioner and fix their salaries; and for other purposes.
The report 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 870. By Messrs. Hodges and Parker of Ware: A bill to amend an act so as to change the compensation of the coroners of 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 871. By Mr. Stuckey of Dodge: A bill to amend an act to incorporate the Town of Rhine; 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 872. By Mr. Stuckey of Dodge:
A bill to change the compensation of the Ordinary of Dodge County from the fee and salary system to the salary system exclusively; and for other purposes.
The report 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 873. By Messrs. Coker and Campbell of Walker:
A bill to amend an act creating a charter for the City of Chickamauga; to buy, sell, generate and distribute electric power; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 873 by adding in the last paragraph of quoted Section 8A appearing in Section 1 of said Bill a comma after the word "city" and before the word "of", and by adding after the word "elsewhere" and before the word "at", the words "within the boundaries of Catoosa and Walker Counties", so that said quoted Section 8A, Section 1 of said Bill, when so amended shall read as follows:
"Section 8A. The Mayor and Council shall have the power by contract or franchise to buy, sell, generate, and distribute electric power and current, either through wholesale or retail outlets, or by both. If said Mayor and Council shall elect to exercise any of the above powers, they may enter into any contract and do all things necessary to effectively implement and place in full operation all of the said powers in order to carry out the purposes for which they are granted, which includes the right to construct or enter into contracts for the construction of any and all plants and facilities which may be required to buy, sell, generate, and distribute electric power and current, either separately or by and through other agencies, corporations, municipalities, power boards or electric membership associations jointly with said City of Chickamauga.
"The Mayor and Council may enter into contracts for the purchase by the City, of electricity for use and distribution in said City or elsewhere within the boundaries of Catoosa and Walker Counties at retail or wholesale. Said contracts shall cover such periods of time as the Mayor and Council shall deem necessary and proper. Any contracts so executed shall create a binding obligation upon all parties to the agreement and shall be enforceable by either party at any future date; notwithstanding the fact that new or different officers of the City may have been elected."
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373
On the adoption of the amendment, the ayes were 32, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 875. By Messrs. McClelland, Brooks and Smith of Fulton, Mackay, Rutland and McWhorter of DeKalb:
A bill to amend an act to establish a new charter for the City of Atlanta, relating to retired 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 876. By Mr. Barrett of Cherokee:
A bill to amend an act incorporating the City of Holly Springs, to provide for two year terms for the Mayor and Councilmen; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 888. By Mr. Ballard of Newton:
A bill to amend an act relating to the charter of the City of Covington, to provide for pensions and life insurance of city 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 894. By Messrs. Cheatham, Brennan and McGee of Chatham: A bill to alter, amend and revise the several laws relating to the City of Savannah; 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 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 895. By Messrs. McCown and Coalson of Polk:
A bill to amend an act creating a new charter for the City of Cedartown, to extend the city limits and annex certain areas; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 896. By Messrs. McCown and Coalson of Polk:
A bill to amend an act creating a new charter for the City of Cedartown, 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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 901. By Mr. Phillips of Walton: A bill to place the compensation of the clerk of the superior court, ordinary and the coroner of Walton County on a salary basis in lieu of 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 902. By Mr. Phillips of Walton:
A bill to amend an act creating a new charter for the City of Monroe, to change the amount of tax levy; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
TUESDAY, FEBRUARY 9, 1960
375
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 903. By Mr. Phillips of Walton:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Walton County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 904. By Mr. Phillips of Walton:
A bill to amend an act creating the office of tax commissioner of Walton County, to place the tax commissioner on salary basis in lieu of 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 356. By Mr. Tamplin of Morgan:
A resolution authorizing and directing the State Librarian to furnish to the clerk of the Superior Court of Morgan 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 33, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Livingston of the 38th moved that the following bill of the Senate be withdrawn from the Committee on Temperance and recommitted to the Committee on Health and Welfare:
SB 170. By Senators Livingston of the 38th and Watson of the 36th:
A bill to provide that it shall be unlawful for any person, firm, association or corporation to have in his possession, custody or control, any malt beverages in excess of 288 fluid ounces; and for other purposes.
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On the motion, the ayes were 2, nays 26, and the motion was lost.
The following general bills, favorably reported by the committees, were read the third time and put upon their passage:
HB 608. By Messrs. Ross of Lincoln, Twitty of Mitchell and others:
A bill to amend an act known as the "Statewide Probation Act, if a probation is revoked and sentence imposed, time under probation shall apply on original sentence; and for other purposes.
The report 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 214. By Senators Culpepper of the 7th, Greer of the 6th, Hays of the 8th and others:
A bill to amend an act comprehensively revising and consolidating the laws relating to the State Board of Corrections, approved February 20, 1956, (Ga. Laws, 1956, p. 161) so as to provide that the Board shall have no authority, jurisdiction or responsibility with respect to misdemeanor sentences; to repeal conflicting laws; and for other purposes.
Senator Brown of the 52nd offered the following amendment: Amend SB 214 to read the effective date shall be June 1, 1960.
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 passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 42, nays 2.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Culpepper of the 7th asked unanimous consent that SB 214 be immediately transmitted to the House.
The consent was granted.
SB 213. By Senators Culpepper of the 7th, Greer of the 6th, Hays of the 8th and others:
A bill to amend code section 27-2506 pertaining to punishment for misdemeanors, as amended, so as to provide that misdemeanor prisoners shall not be sentenced to be confined in an institution under the jurisdiction of the State Board of Corrections; to repeal conflicting laws; and for other purposes.
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377
The report 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 659. By Messrs. Hall of Ployd, Irvin of Habersham and others:
A bill to amend an act relating to the compensation of the State Superintendent of 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, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SR 102. By Senator Pannell of the 43rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to remove the provision requiring constitutional amendments to be submitted at the general election at which members of the General Assembly are elected; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article XIII, Section I, Paragraph I of the Constitution, as amended by an amendment ratified in 1956 and found in Georgia Laws 1956, page 637, is hereby amended by striking from the third paragraph of said Paragraph I the words "at which members of the General Assembly are elected", so that when so amended, said third paragraph of Paragraph I shall read as follows:
"Any proposed amendment which is general shall be submitted to the people of the entire State at the next general election, and if ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of this Constitution. A proposed amendment which is not general shall only be submitted to the people of the political subdivision or subdivisions directly affected. The votes of the electors in each political subdivision affected shall be counted separately in determining whether such proposed amendment is ratified, and it must be ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon in each such political subdivision before it shall become a part of this Constitution. The General Assembly, in the resolution shall state the language to be used in submitting the proposed amendment."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected
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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 remove the provision requiring constitutional amendments to be submitted at the general election at which members of the General Assembly are elected.
"Against ratification of amendment to the Constitution so as to remove the provision requiring constitutional amendments to be submitted at the general election at which members of the General Assembly are elected."
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:
Adams Barrett of 32nd Breedlove Brooks Brown Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster Dykes Gearreld
Greer Holt Jernigan Kennedy Kiker Lanier Lindsey of llth Lindsey of 53rd Livingston Marshburn Mercer Mobley McGill Nixon Pannell
Purcell Ramsey Redwine Roach Roper Sanders Screws Shaw Skelton Slade Vaughn Watson Woodall Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 44, nays 0.
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379
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
SR 103. By Senator Culpepper of the 7th, Senator Sanders of the 18th:
A RESOLUTION
Proposing an amendment to the Constitution so as to establish and clarify provisions for the payment of contract obligations authorized under Article VII, Section VI, Paragraph I (a) of the Constitution; 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. Upon the approval of this resolution in the manner hereinafter provided, that Paragraph I (a) of Section VI of Article VII of the Constitution of the State of Georgia be amended by adding an additional paragraph to said Paragraph I (a) to read as follows:
"Notwithstanding any other provision of any other section of any other article of this Constitution, the General Assembly shall include in each General Appropriations Act in the appropriation payable to each department, agency, or institution of the State, in addition to such other items as may be included in such appropriation, and whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year under lease contracts now or hereafter entered into pursuant to this Paragraph I (a) by and between such department, agency, or institution of the State and any State authority which has been created and activated at the time of the effective date of this amendment which said lease contracts constitute security for bonds or any other obligations heretofore or hereafter issued by any such authority. In the event for any reason any such appropriation is not made, then the fiscal officers of the State are hereby authorized and directed to set up on their appropriation accounts in each fiscal year as an appropriation the respective amounts required by each such department, agency, or institution of the State to pay the obligations called for under any such lease contract. The amount of the appropriation in each fiscal year to meet such lease contract obligations as authorized hereunder shall be due and payable to each such department, agency, or institution of the State in each fiscal year to be expended for the purpose of paying the lease contract obligation required under the terms and conditions of such lease contracts and said appropriation shall have the same legal status as if the General Assembly had included the amount of the appropriation in a General Appropriations Act."
so that Paragraph I (a) of Section VI of Article VII of the Constitution of the State of Georgia, when so amended, shall read as follows:
"(a) The State, state institutions, any city, town, municipality or county of this State may contract for any period not exceeding fifty years, with each other or with any public agency, public corporation or authority now or hereafter created for the use by such subdivisions or the residents thereof of any facilities or services of the State, state institutions, any city, town, municipality, county, public agency, public corporation or authority, provided such con-
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tracts shall deal with such activities and transactions as such subdivisions are by law authorized to undertake.
"Notwithstanding any other provision of any other section of any other article of this Constitution, the General Assembly shall include in each General Appropriations Act in the appropriation payable to each department, agency, or institution of the State, in addition to such other items as may be included in such appropriation, and whether or ont any other items are included, sums sufficient to satisfy the payments required to be made in each year under lease contracts now or hereafter entered into pursuant to this Paragraph I (a) by and between such department, agency, or institution of the State and any State authority which has been created and activated at the time of the effective date of this amendment which said lease contracts constitute security for bonds or any other obligations heretofore or hereafter issued by any such authority. In the event for any reason any such appropriation is not made, then the fiscal officers of the State are hereby authorized and directed to set up on their appropriation accounts in each fiscal year as an appropriation the respective amounts required by each such department, agency, or institution of the State to pay the obligations called for under any such lease contract. The amount of the appropriation in each fiscal year to meet such lease contract obligations as authorized hereunder shall be due and payable to each such department, agency, or institution of the State in each fiscal year to be expended for the purpose of paying the lease contract obligation required under the terms and conditions of such lease contracts and said appropriation shall have the same legal status as if the General Assembly had included the amount of the appropriation in a General Appropriations Act."
Section 2. Be it further resolved by the authority aforesaid, that whenever 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, such proposed amendment shall be entered on the journals of each branch with the "ayes" and "nays" taken thereon, and 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 Article VII, Section VI, Paragraph I (a) of the Constitution to establish and clarify provisions for payment of contract obligations authorized by the State Constitution."
"Against ratification of amendment to Article VII, Section VI, Paragraph I (a) of the Constitution to establish and clarify provisions for payment of contract obligations authorized by the State Constitution."
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 Article XIII, Section I, Paragraph I of the Constitution, it shall become a part of the
TUESDAY, FEBRUARY 9, 1960
381
Constitution of this State. The returns of the election shall be made in like manner as returns 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, 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 Brooks Buff Carlisle
Clary Crowe Culpepper Drew Dykes Gearreld
Greer Hays Holt
Home Jernigan Kiker Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley McGill Nixon Pannell Purcell
Ramsey Redwine Roach Sanders Screws Shaw Skelton Slade Smith Vaughn Watson Woodall 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 two-thirds majority, was adopted.
SR 106. By Senators Pannell of the 43rd and Carlisle of the 51st:
A resolution creating a Study Committee to investigate ways and means of strengthening the Senate; 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.
The president appointed as a committee the following:
Senators Sanders of the 18th, Carlisle of the 51st, Pannell of the 43rd, Skelton of the 30th and Hays of the 8th.
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HB 591. By Messrs. Smith of Emanuel, Cheatham of Chatham and others:
A bill to amend an act known as the "General Appropriations Act," to change the provision relating to committee rooms and offices of the legislative branches of 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 579. By Mr. Barber of Jackson:
A bill to change the compensation of school bus drivers; 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 37, nays 0.
The bill, having received the requisite constitutional majority, was adopted.
The following resolution was read and adopted:
SR 112. By Senators Marshburn of the 33rd and Purcell of the 31st:
A resolution relative to certain needed improvements to the side aisle floor structure of the Senate Chambers; and for other purposes.
HB 682. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to authorize the Mayor and Aldermen of Savannah to convey to Regents of University System of Georgia certain property; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 745. By Messrs. Hodges and Parker of Ware:
A bill relating to the Engineering Experiment Station, to provide a central experiment station to be located at Georgia Institute of Technology; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
TUESDAY, FEBRUARY 9, 1960
383
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 719. By Messrs. Musg-rove of Clinch and Caldwell of Upson:
A bill to amend an act relating to the Game and Fish Commission, to delete payment to wildlife ranger of subsistence allowance; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 699. By Messrs. Ray of Warren and Blalock of Clayton: A bill to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act, to provide limitations for making assessments of taxes thereunder; and for other purposes.
The report 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 704. By Messrs. Blalock of Clayton and Ray of Warren: A bill authorizing the State Revenue Commissioner to establish units or divisions within the Department, to designate directors, delegate duties; and for other purposes.
The report 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 716. By Messrs. Hill of Tattnall, Echols of Upson and others: A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways," to provide inspection of school buses and for driver's examinations of school bus drivers; and for other purposes.
The report 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.
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The bill, having received the requisite constitutional majority, was passed.
HB 755. By Messrs. Carswell and Tucker of Burke and others:
A bill to provide that any person purchasing a used school bus shall repaint the same, and any person now using a used school bus repaint the same; and for other purposes.
The Committee on Educational Matters offered the following substitute:
A BILL
To be entitled an act to provide that any person purchasing a used school bus shall repaint the same; to provide that any person now owning a used school bus shall repaint the same; to provide that any county or agency thereof which shall sell a used school bus shall repaint the same; to provide for exemptions; to provide for a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Any person who shall purchase a bus or who now owns a bus which has been used for the transportation of children in the Georgia State Public School System shall repaint said vehicle a different color from any shade of orange or yellow, resembling the color of school buses now used in Georgia.
Section 2. No person shall cause to be sold any bus which is owned by any county or agency thereof, which has been used for the transportation of children in the Georgia State Public School System, unless said bus has been repainted a different color from any shade of orange or yellow resembling the color of school buses now used in Georgia.
Section 3. Any urban transit system operating buses under the jurisdiction of the Georgia Public Service Commission shall be exempt from the provisions of this Act.
Section 4. Any persons failing to comply with the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in the amount of not less than three hundred ($300.00) dollars.
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 29, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 799. By Messrs. Smith of Emanuel, Twitty of Mitchell and others: A bill to amend the General Appropriations Act to provide additional
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385
authorization for funds to be made available to certain agencies when there is sufficient income; and for other purposes.
The report 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 328. By Messrs. Blalock of Clayton and Ray of Warren: A resolution to ratify, approve and confirm the executive order of the Governor, on collection of tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax; 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.
HR 329. By Messrs. Blalock of Clayton and Ray of Warren:
A resolution to ratify, approve and confirm the executive order of the Governor, dated April 20, 1959, suspending, to an extent, the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on purchases and users of tangible personal property by certain hospitals; and for other purposes.
Senator Culpepper of the 7th asked unanimous consent that HR 329 be postponed until February 10th.
The consent was granted.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 717. By Messrs. Matthews and Newton of Colquitt, Lanier of Candler:
A bill to regulate the sale of flue-cured leaf tobacco in this State and to provide for the identification of types of tobacco sold in this State; and for other purposes.
Senator Darby of the 15th moved that the Senate insist on its position and that a Committee on Conference be appointed.
The motion prevailed and the president appointed as a Commission of Conference on the part of the Senate:
Senators Lindsey of the 53rd, Darby of the 15th and Culpepper of the 7th.
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HR 330. By Messrs. Ray of Warren and Blalock of Clayton:
A resolution to ratify, approve and confirm the executive order of the Governor, to allow the State Revenue Commissioner to suspend any tax accrued under the revenue laws; 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 30, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 273. By Messrs. Kidd and Chandler of Baldwin, Scoggin of Floyd, Alien of Bulloch, Caldwell of Upson, Palmer of Mitchell, and Rogers of Heard:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for repayment of medical loans and scholarships by service at the Milledgeville State Hospital or any other State supported hospital, or by fulltime employment with a department or agency of the State; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph II of the Constitution, as amended by an amendment ratified at the general election in 1952 and found in Georgia laws 1951, Page 861, is hereby amended by striking from the eighth paragraph of that portion of Paragraph II added by the 1951 amendment the following:
"One-fifth of the loan or scholarship, together with interest thereon, to be credited to the applicant for each year of practicing his profession in a community of 5000 population or less, according to 1950 census, and no annual interest on the scholarship loan shall be paid during such practice or service."
and inserting in lieu thereof the following:
"One-fifth of the loan or scholarship, together with interest thereon, shall be credited to the applicant for each year of practicing his profession in a community of 5000 population or less, according to 1950 or any future census, or at Milledgeville State Hospital or any other State supported hospital or full-time employment with a Department of State Government or any agency thereof, and no annual interest on the scholarship loan shall be paid during such practice or service."
so that when so amended said eighth paragraph of Paragraph II shall read as follows:
"Applicants who are granted loans or scholarships by the board shall receive a loan not to exceed $5,000.00 to any one applicant to be paid in annual installments not exceeding $1,500.00 per annum, with which to defray his or her tuition and other expenses in any
TUESDAY, FEBRUARY 9, 1960
387
reputable, accepted and accredited four-year medical college or school in the United States, or a scholarship in such medical college or school for a term not exceeding four years, the cost of such scholarship not to exceed $5,000.00, same to be paid at such time and in such manner as may be determined by the board. The loans and scholarships herein provided shall not exceed the sums herein stated, but they may be prorated in such manner as to pay to the medical school to which any applicant is admitted such funds as are required by that school, and the balance to be paid direct to the applicant; all of which shall be under such terms and conditions as may be provided under rules and regulations of the board. The said loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount thereof shall be repaid to the State of Georgia in cash in full with 4% interest from the date of each payment by the State on such loan or scholarship, same to be payable annually, the first annual payment to be due on or before one year from the date the applicant completes his internship, or same may be repaid to the State of Georgia in services to be rendered by the applicant by practicing his profession at some place within the State of Georgia to be approved by the board. Onefifth of the loan or scholarship together with interest thereon, shall be credited to the applicant for each year of practicing his profession in a community of 5000 population or less, according to 1950 or any future census, or at Milledgeville State Hospital or any other State supported hospital or full-time employment with a Department of State Government or any agency thereof, and no annual interest on the scholarship loan shall be paid during such practice or service. After the third full year of practice or services within this State as herein provided, but not before, the said applicant shall be privileged, entirely at the discretion of the board heretofore created, to pay off the balance of the scholarship loan, together with accrued interest thereon, and upon such payment shall be relieved from further obligations under his contract for loan or scholarship."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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 repayment of medical loans and scholarships by service at Milledgeville State Hospital or any other State supported hospital, or by full-time employment with a department or agency of the State."
"Against ratification of amendment to the Constitution so as to provide for repayment of medical loans and scholarships by service at Milledgeville State Hospital or any other State supported hospital, or by full-time employment with a department or agency of the State."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons
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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.
Section 3. All laws and parts of laws in conflict with this act are hereby repealed.
Senator Wright of the 42nd offered the following amendment:
Amend Section 1, HK 273-600 as follows:
(1) By deleting from the proposed amendment to Article VII, Section 1, Paragraph II of the Constitution after the words "Milledgeville State Hospital," the words "or any other State supported hospital or full-time employment with a department of state government or any agency thereof," and by adding a comma after the words "Milledgeville State Hospital."
(2) To amend section 2 of said HR No. 273-600 by deleting from the ballot submitting the above proposed amendment the words "or any other State supported hospital, or by full-time employment with a department or agency of the State," wherever they appear, so that said ballot shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for repayment of medical loans and scholarships by service at Milledgeville State Hospital."
"Against ratification of amendment to the Constitution so as to provide for repayment of medical loans and scholarships by service at Milledgeville State Hospital."
On the adoption of the amendment, the ayes were 32, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
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 Culpepper
Darby Drew Gearreld Greer Hays Home Lanier Lindsey of llth Lindsey of 53rd
Livingston Marshall Mercer Mobley McGill Nixon Purcell Ramsey Redwine
TUESDAY, FEBRUARY 9, 1960
389
Sanders Screws Shaw
Skelton
Slade Smith Vaughn
Watson
Woodall Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted as amended.
Senator Ramsey of the 1st, 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 of Representatives:
SB 166.
SB 188.
SB 214.
Respectfully submitted,
Ramsey of the 1st District, Chairman.
HB 660. By Messrs. Hall of Floyd, Irvin of Habersham and others:
A bill to amend an act providing for a uniform method of fixing salaries, allowances and travel expenses of certain State Officials; and for other purposes.
The report 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 Clary of the 29th 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, Wednesday, February 10, 1960.
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. James J. Sneed, Pastor, Haygood Memorial Methodist Church, Atlanta, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Cannon of the 40th 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 Culpepper of the 7th 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 275. By Mr. Kidd of Baldwin:
A resolution to provide for compensation and expenses for the services rendered by Dr. George W. Jackson; and for other purposes.
HB 642. By Messrs. Phillips and Thornton of Bibb:
A bill to revise the adoption laws, to provide that consent for adoption given by parents shall be binding; and for other purposes.
HB 853. By Messrs. Rutland of DeKalb, Twitty of Mitchell, and others:
A bill to amend an act relating to motor vehicle licenses so as to change basis on which trucks, tractors, and semi-trailers, for hire or private, are taxed annually; and for other purposes.
WEDNESDAY, FEBRUARY 10, 1960
391
HB 884. By Messrs. Payton of Coweta, McKenna of Bibb, and Orr of Wilkes:
A bill to amend an act to regulate procedure in the Courts of this State, to define "reasonable notice"; and for other purposes.
HB 885. By Messrs. Payton of Coweta, McKenna of Bibb and Orr of Wilkes:
A bill to amend Code Section 30-101, pertaining to how divorces are granted; by Judge, or Jury trial; and for other purposes.
HB 886. By Messrs. Payton of Coweta, McKenna of Bibb and Orr of Wilkes:
A bill to amend code section 30-122, pertaining to rights and disabilities of parties to a divorce; and for other purposes.
HR 389. By Messrs. McClelland, Brooks and Smith of Fulton, McWhorter, Mackay and Rutland of DeKalb:
A resolution authorizing the granting of an easement to the City of Atlanta; and for other purposes.
HR 408. By Messrs. Hodges and Parker of Ware:
A resolution proposing an amendment to the Constitution to empower the Board of County Commissioners of Ware County to assess and collect license fees and occupational taxes; and for other purposes.
HR 412. By Messrs. Winkle and Smith of Whitfield:
A resolution proposing an amendment to the Constitution to provide for the establishment of Fire Prevention Districts in Whitfield County; and for other purposes.
HR 423. By Messrs. Brennan and Cheatham of Chatham, Twitty of Mitchell, and others:
A resolution authorizing the purchase of a new Seal of the State of Georgia; and for other purposes.
HB 915. By Mr. Ingle of Gordon: A bill to incorporate the City of Plainville; and for other purposes.
HB 788. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill to amend an act authorizing the establishment in certain counties of a commission to be named the Local Government Improvement Commission; and for other purposes.
HB 866. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A bill to amend section 3(c) 2(d) of the Georgia Retailers' and Consumers' Sales and Use Tax Act, relating to exclusion of governmental sales from the tax imposed under said act; and for other purposes.
HB 879. By Messrs. Lovett and Green of Laurens:
A bill to provide for office hours of the Board of Commissioners of
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JOURNAL OF THE SENATE,
Roads and Revenues, and other officials of Laurens County; and for other purposes.
HB 882. By Messrs. Lovett and Green of Laurens: A bill to amend an act to abolish the offices of Tax collector and tax receiver, to change compensation of the Tax Commissioner of Laurens County; and for other purposes.
HB 883. By Messrs. Lovett and Green of Laurens: A bill to amend an act relating to tax collectors and tax commissioners in certain counties, relating to collecting certain taxes; 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 880. By Messrs. Lovett and Green of Laurens: A bill to place the Sheriff of Laurens County on a salary basis; and for other purposes.
HB 881. By Messrs. Lovett and Green of Laurens: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Laurens; and for other purposes.
HB 919. By Mr. Keever of Bartow: A bill to change certain militia district lines in certain counties; and for other purposes.
HB 893. By Messrs. Brennan, Cheatham and McGee of Chatham: A bill to provide for the creation of transit authorities; to repeal conflicting laws; and for other purposes.
HB 906. By Messrs. Twitty of Mitchell, Smith of Emanuel, and others:
A bill to amend an act providing for a uniform method of fixing salaries, allowances and travel expenses of certain state officials; relating to members of the State Highway Board; and for other purposes.
HB 922. By Mr. Jones of Jesup:
A bill to incorporate and create a new charter for the City of Jesup; and for other purposes.
HR 320. By Messrs. Gowen and Killian of Glynn: A resolution proposing an amendment to the Constitution so as to relieve
WEDNESDAY, FEBRUARY 10, 1960
393
the Sheriff of Glynn County of his duties as jailer, and to provide that the City Marshal shall perform such duties; and for other purposes.
HR 367. By Messrs. Gowen and Killian of Glynn:
A resolution proposing an amendment to the Constitution to authorize the creation of a Brunswick Ports Authority; and for other purposes.
HR 368. By Mr. Sheffield of Brooks:
A resolution proposing an amendment to the Constitution so as to provide for the merger of the existing independent school system of the City of Quitman and the County of Brooks; and for other purposes.
HR 376. By Messrs. NeSmith and Hill of Meriwether:
A resolution proposing an amendment to the Constitution, to authorize Meriwether County to issue certain revenue anticipation obligations for specified purposes; and for other purposes.
HR 377. By Mr. Bozeman of Thomas:
A resolution proposing an amendment to the Constitution to create a body corporate and politic to be known as the Thomasville Payroll Development Authority; and for other purposes.
HR 378. By Mr. Singer of Stewart:
A resolution proposing an amendment to the Constitution to authorize Stewart County to issue revenue anticipation obligations for specified purposes; and for other purposes.
HR 391. By Messrs. Cheatham, McGee and Brennan of Chatham:
A resolution proposing an amendment to the Constitution so as to create the Savannah Transit Authority; and for other purposes.
HR 418. By Mr. Todd of Glascock:
A resolution proposing an amendment to the Constitution to provide for the election of members of Board of Education of Glascock County; and for other purposes.
SB 146. By Senators Sanders of 18th, and Culpepper of the 7th: A bill to be entitled an act to transfer the Georgia School for Mental Defectives (Gracewood) to the State Department of Public Health; and for other purposes.
SB 147. By Senators Sanders of 18th and Culpepper of the 7th: A bill to be entitled an act to authorize Budget Bureau to require established working hours; to repeal conflicting laws; and for other purposes.
The House as adopted the following resolutions of the House, to-wit:
HR 279. By Mr. Magoon of Hart: A resolution relative to State Rights; and for other purposes.
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JOURNAL OP THE SENATE,
HR 401. By Messrs. Kidd of Baldwin and Floyd of Chattooga:
A resolution requesting the citizens of the State of Georgia to support the "D.A.V. Idento-Tag Program"; and for other purposes.
HR 433. By Messrs. Brooks of Oglethorpe and Fowler of Douglas:
A resolution creating a committee relative to the construction of an Archival Building; and for other purposes.
HR 441. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A resolution authorizing the Governor to provide funds for preliminary plans for a port at Columbus, Georgia; and for other purposes.
HR 454. By Mr. Smith of Emanuel: A resolution relative to Wesleyan Conservatory; 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 of the House to wit:
HB 990. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to be entitled an act to amend the several acts relating to the Mayor and Aldermen of the City of Savannah; and for other purposes.
HB 790. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A bill to be entitled an act imposing a tax upon the sale, use, or other disposition of cigars and cigarettes; and for other purposes.
The following bills and resolutions were introduced, read the first time and referred to committees:
SB 225. By Senator Greer of the 6th:
A bill to permit corporations organized for pecuniary gain to contract freely and without legislative restriction as to interest rate in borrowing sums which exceed $2,500; and for other purposes.
Referred to Committee on Banking and Finance.
SB 226. By Senator Sanders of the 18th:
A bill to provide that it shall be the duty of any person who, while operating a motor vehicle, strikes and injures with said motor vehicle, any horse, dog or animal in the bovine classification, to stop and attempt to locate the owner or custodian thereof; and for other purposes.
Referred to Committee on Judiciary.
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395
SB 227. By Senator Sanders of the 18th:
A bill to define the method of service of notices, orders, subpoenas and other papers relating to discovery, depositions and interrogatories; and for other purposes.
Referred to Committee on Judiciary.
SB 228. By Senators Slade of the 14th and Sanders of the 18th:
A bill relating to the custody of children in connection with the granting of divorces; and for other purposes.
Referred to Committee on Judiciary.
SB 229. By Senator Brown of the 52nd:
A bill to change the regulations of preparation, contents, and recording of maps or plats of survey of tracts or bodies of land in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 230. By Senator Brown of the 52nd:
A bill to amend an act creating a new charter for the City of Atlanta and the several Acts amendatory thereof; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 231. By Senator Wright of the 42nd:
A bill to provide that no person, firm, corporation or association shall advertise in any manner which is untrue or misleading; and for other purposes.
Referred to Committee on Rules.
SB 232. By Senators Redwine of the 26th; Jernigan of the 5th; and Cannon of the 40th:
A bill relating to the Board of Funeral Service to change the definition of the word "apprentice"; to change the residence requirements for applicants; to eliminate the reciprocal practice provisions; and for other purposes.
Referred to Committee on Health and Welfare.
SB 233. By Senators Redwine of the 26th; Jernigan of the 5th; and Cannon of the 40th:
A bill to prescribe certain regulations relative to the removal or disposition of a dead body; and for other purposes.
Referred to Committee on Health and Welfare.
SR 113. By Senator Brown of the 52nd:
A resolution to provide that any two or more counties which have been or hereafter may be combined or merged, shall retain the representation
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JOURNAL OF THE SENATE,
in the House of Representatives apportioned to all counties involved in said combination or merger.
Referred to Committee on Rules.
HB 642. By Messrs. Phillips and Thornton of Bibb:
A bill to revise the Adoption Laws, to provide that consent for adoption given by parents shall be binding; and for other purposes.
Referred to Committee on Judiciary.
HB 788. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill to amend an act authorizing the establishment in certain counties of a commission to be named the Local Government Improvement Commission; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 853. By Messrs. Rutland of DeKalb, Twitty of Mitchell and others:
A bill to amend an act relating to motor vehicle licenses so as to change basis on which trucks, tractors and semi-trailers, for hire or private, are taxed annually; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 866. By Messrs. Twitty of Mitchell and Smith of Emanuel: A bill to amend section 3 (c)2(d) of the Georgia Retailers' and Consumers' Sales and Use Tax Act, relating to exclusion of Governmental sales from the tax imposed under said act; and for other purposes.
Referred to Committee on Rules.
HB 879. By Messrs. Lovett and Green of Laurens: A bill to provide for office hours of the Board of Commissioners of Roads and Revenues, and other officials of Laurens County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 880. By Messrs. Lovett and Green of Laurens: A bill to place the sheriff of Laurens County on a salary basis; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 881. By Messrs. Lovett and Green of Laurens: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Laurens; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 882. By Messrs. Lovett and Green of Laurens: A bill to amend an act to abolish the offices of tax collector and tax
WEDNESDAY, FEBRUARY 10, 1960
397
receiver, to change compensation of the Tax Commissioner of Laurens County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 883. By Messrs. Lovett and Green of Laurens:
A bill to amend an act relating to tax collectors and tax commissioners in certain counties, relating to collecting certain taxes; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 884. By Messrs. Payton of Coweta, McKenna of Bibb and Orr of Wilkes:
A bill to amend an act to regulate procedure in the courts of this State; to define "reasonable notice"; and for other purposes.
Referred to Committee on Judiciary.
HB 885. By Messrs. Payton of Coweta, McKenna of Bibb and Orr of Wilkes:
A bill to amend code section 30-101, pertaining to how divorces are granted; by Judge or Jury trial; and for other purposes.
Referred to Committee on Judiciary.
HB 886. By Messrs. Payton of Coweta, McKenna of Bibb and Orr of Wilkes:
A bill to amend code section 30-122 pertaining to rights and disabilities of parties to a divorce; and for other purposes.
Referred to Committee on Judiciary.
HB 893. By Messrs. Brennan, Cheatham and McGee of Chatham: A bill to provide for the creation of transit authorities; to repeal conflicting laws; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 906. By Messrs. Twitty of Mitchell, Smith of Emanuel and others: A bill to amend an act providing for a uniform method of fixing salaries, allowances and travel expenses of certain State Officials; relating to members of the State Highway Board; and for other purposes.
Referred to Committee on Government Operations.
HB 915. By Mr. Ingle of Gordon: A bill to incorporate the City of Plainville; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 922. By Mr. Jones of Jesup: A bill to incorporate and create a new charter for the City of Jesup; and for other purposes.
Referred to Committee on County and Municipal Governments.
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JOURNAL OP THE SENATE,
HB 919. By Mr. Keever of Bartow:
A bill to change certain militia district lines in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 275. My Mr. Kidd of Baldwin: A resolution to provide for compensation and expenses for the services rendered by Dr. George W. Jackson; and for other purposes.
Referred to Committee on Appropriations.
HR 320. By Messrs. Gowen and Killian of Glynn: A resolution proposing an amendment to the Constitution so as to relieve the Sheriff of Glynn County of his duties as jailer, and to provide that the City Marshal shall perform such duties; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 367. By Messrs. Gowen and Killian of Glynn: A resolution proposing an amendment to the Constitution to authorize the creation of a Brunswick Ports Authority; and for other purposes.
Referred to Committee on Rules.
HR 368. By Mr. Sheffield of Brooks: A resolution proposing an amendment to the Constitution so as to provide for the merger of the existing independent school system of the City of Quitman and the County of Brooks; and for other purposes.
Referred to Committee on Rules.
HR 376. By Messrs. NeSmith and Hill of Meriwether: A resolution proposing an amendment to the Constitution, to authorize Meriwether County to issue certain revenue anticipation obligations for specified purposes; and for other purposes.
Referred to Committee on Rules.
HR 377. By Mr. Bozeman of Thomas:
A resolution proposing an amendment to the Constitution to create a body corporate and politic to be known as the Thomasville Payroll Development Authority; and for other purposes.
Referred to Committee on Rules.
HR 378. By Mr. Singer of Stewart:
A resolution proposing an amendment to the Constitution to authorize Stewart County to issue revenue anticipation obligations for specified purposes; and for other purposes.
Referred to Committee on Rules.
WEDNESDAY, FEBRUARY 10, 1960
399
HR 408. By Messrs. Hodges and Parker of Ware:
A resolution proposing an amendment to the Constitution to empower the Board of County Commissioners of Ware County to assess and collect license fees and occupational taxes; and for other purposes.
Referred to Committee on Rules.
HR 389. By Messrs. McClelland, Brooks and Smith of Pulton, McWhorter, McKay and Rutland of DeKalb:
A resolution authorizing the granting of an easement to the City of Atlanta; and for other purposes.
Referred to Committee on Rules.
HR 391. By Messrs. Cheatham, McGee and Brennan of Chatham:
A resolution proposing an amendment to the Constitution so as to create the Savannah Transit Authority; and for other purposes.
Referred to Committee on Rules.
HR 412. By Messrs. Winkle and Smith of Whitfield:
A resolution proposing an amendment to the Constitution to provide for the establishment of Fire Prevention Districts in Whitfield County; and for other purposes.
Referred to Committee on Rules.
HR 418. By Mr. Todd of Glascock:
A resolution proposing an amendment to the Constitution to provide for the election of members of Board of Education of Glascock County; and for other purposes.
Referred to Committee on Rules.
HR 423. By Messrs. Brennan and Cheatham of Chatham, Twitty of Mitchell and others:
A resolution authorizing the purchase of a new Seal of the State of Georgia; and for other purposes.
Referred to Committee on Government Operations.
HB 790. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A bill imposing a tax upon the sale, use, or other disposition of cigars and cigarettes; and for other purposes.
Referred to Committee on Banking and Finance.
HB 990. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to amend the several acts relating to the mayor and aldermen of the City of Savannah; and for other purposes.
Referred to Committee on County and Municipal Governments.
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JOURNAL OF THE SENATE,
The following bills were read the second time:
SB 220. By Senator Buff of the 44th: A bill to eliminate a tax exemption provision for certain real and personal property in the City of Ringgold; and for other purposes.
SB 221. By Senators Doster of the 48th and Greer of the 6th: A bill to provide that the term "Motor Carrier" shall include motor vehicles engaged in the transportation of fertilizer; and for other purposes.
SB 222. By Senator Roper of the 19th: A bill to change the corporate limits of the City of Union Point; and for other purposes.
SB 223. By Senators McGill of the 50th and Mobley of the 12th:
A bill to amend the "Structural Pest Control Act"; and for other purposes.
SB 224. By Senator Greer of the 6th:
A bill declaring the policy of the General Assembly of Georgia in respect to public proceedings; to provide penalty for person impeding such body; and for other purposes.
SR 111. By Senator Ramsey of the 1st:
A resolution to authorize and empower the Commissioners of Chatham County to levy a retailers' and consumers' sales and use tax; and for other purposes.
HB 349. By Messrs. Twitty and Palmer of Mitchell and Ray of Warren:
A bill to amend an act creating the Livestock Development Authority; to provide for industrial development and agricultural development within the State of Georgia; and for other purposes.
HB 700. By Messrs. Blalock of Clayton and Ray of Warren:
A bill to amend code section 68-208 and 68-212, relating to payment of motor vehicle licenses; and for other purposes.
HB 714. By Messrs. Twitty of Mitchell and McClelland of Fulton:
A bill to amend an act relating to taxation by municipal corporations to support individual school systems, to define such taxes, and determine termination; and for other purposes.
HB 751. By Messrs. Cheatham, Brennan and McGee of Chatham and Fowler of Douglas:
A bill relating to gifts of securities to minors, to provide that security shall include shares, share accounts and savings accounts; and for other purposes.
WEDNESDAY, FEBRUARY 10, 1960
401
HB 850. By Messrs. Story and Morgan of Gwinnett:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Gwinnett Judicial Circuit; and for other purposes.
HB 851. By Messrs. Story and Morgan of Gwinnett and others:
A bill to repeal an act placing the solicitor general of the Piedmont Judicial Circuit on salary in lieu of a fee basis; and for other purposes.
HB 912. By Mr. Barber of Jackson:
A bill to authorize the Board of Regents of University System of Georgia to procure liability insurance for the operation of nuclear facilities at any school under control of the Board; and for other purposes.
HR 358. By Messrs. Newton of Colquitt, Twitty of Mitchell, Fowler of Douglas and many others:
A resolution proposing an amendment to the Constitution to provide that the Commissioner of Agriculture shall be an ex officio member of the Board of Regents; and for other purposes.
HR 375. By Messrs. Blalock of Clayton and Ray of Warren:
A resolution to ratify, approve and confirm the executive order of the Governor, suspending collection of tax imposed by Georgia Retailers' and Consumers' Sales and Use Tax Act; and for other purposes.
HR 409. By Mr. Parker of Appling:
A resolution authorizing the conveyance of property to Appling County; and for other purposes.
Mr. 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 has instructed me, as Chairman, to report the same back to the Senate, with the following recommendations:
HB 937. Do Pass, as Amended. HB 849. Do Pass, as Amended. HB 910. Do Pass, as Amended. HB 925. Do Pass. HB 926. Do Pass. HB 913. Do Pass. HB 929. Do Pass. HB 921. Do Pass. HB 928. Do Pass. HB 911. Do Pass.
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JOURNAL OP THE SENATE,
HB 898. Do Pass. HB 102. Do Pass. HB 939. Do Pass. HB 890. Do Pass. HB 916. Do Pass. HB 938. Do Pass. HB 613. Do Pass. HB 924. Do Pass. HB 892. Do Pass. HB 934. Do Pass. HB 933. Do Pass. HB 808. Do Pass. HB 809. Do Pass. HB 810. Do Pass. HB 811. Do Pass. HB 757. Do Pass. HB 942. Do Pass.
Respectfully submitted
Brown of 52nd District, Chairman.
Mr. Greer of the 6th District, Secretary of the Committee on Government Operations, submitted the following report:
Mr. President:
Your Committee on Government Operations has had under consideration the following bill and resolution of the Senate and House and has instructed me, as Secretary, to report the same back to the Senate with the following recommendations :
SB 223. Do Pass.
HR 409. Do Pass.
Respectfully submitted
Greer of 6th District, Secretary.
Mr. Vaughn of the 34th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills
WEDNESDAY, FEBRUARY 10, 1960
403
of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 802. Do Pass, as Amended. HB 723. Do Pass, as Amended. HB 611. Do Pass, by Substitute. HB 850. Do Pass. HB 744. Do Pass. HB 627. Do Pass, as Amended. SB 200. Do Pass. HB 851. Do Pass.
Respectfully submitted Vaughn of 34th District, Chairman.
Mr. 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 recommendations:
HB 581. Do Pass.
Respectfully submitted
Holt of 54th District, Chairman.
Mr. Culpepper of the 7th District, Chairman of the Committee on Government Operations, submitted the following report:
Mr. President:
Your Committee on Government Operations 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 217. Do Pass.
SB 218. Do Pass.
HB 827. Do Pass.
SR 104. Do Pass.
Respectfully submitted
Culpepper of 7th District, Chairman.
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JOURNAL OF THE SENATE,
Mr. 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 bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 196. Do Pass, as Amended.
Respectfully submitted
Greer of 6th District, Chairman.
The following local uncontested bills were read the third time and put upon their passage.
HB 102. By Mr. Andrews of Hall:
A bill to provide a salary for the official court reporter of the Northeastern Judicial Circuit in lieu of fees for the attendance and reporting of felony 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 613. By Messrs. Blalock and Lee of Clayton:
A bill to amend an act placing the sheriff and clerk of the Superior Court of Clayton County on salary system in lieu of fee 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.
HB 757. By Messrs. Keever and Bradley of Bartow, Coalson and McCown of Polk:
A bill to amend an act creating and establishing a new charter for the Town of Taylorsville, to abolish the election required for approval of contracts for certain utility services; and for other purposes.
The report 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.
WEDNESDAY, FEBRUARY 10, 1960
405
The bill, having received the requisite constitutional majority, was passed.
HB 808. By Messrs. Loggins and Floyd of Chattooga:
A bill to amend the charter of the City of Summerville, to close a portion of Short Street, to transfer public right 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 809. By Messrs. Floyd and Loggins,of Chattooga:
A bill to amend the charter of the City of Summerville, to close unopened portion of County Road between Highland Avenue and North Commerce Street, to transfer public right; and for other purposes.
The report 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 810. By Messrs. Floyd and Loggins of Chattooga:
A bill to amend an act amending the charter of the City of Summerville, to close the unopened portion of Smith Street between Bellah Avenue and Edmondson Street; and for other purposes.
The report 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 811. By Messrs. Floyd and Loggins of Chattooga:
A bill to amend an act amending the charter of the City of Summerville, to close the unopened portion of Third Street between Highland Avenue and Henderson Street; and for other purposes.
The report 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.
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JOURNAL OF THE SENATE,
HB 890. By Messrs. Jones and Undercofler of Sumter: A bill to amend an act establishing a new charter for the City of Americus, 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 892. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to provide for the creation of the "Savannah Transit 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 898. By Mr. Denmark of Liberty:
A bill to amend an act providing for the compensation of the sheriff and clerk of the Superior Court of Liberty 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 911. By Mr. Parker of Appling:
A bill to amend an act establishing the City of Baxley, so as to change the compensation of the solicitor of the 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 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 913. By Mr. Steis of Harris:
A bill to amend an act creating a new charter for the City of Hamilton, so as to change the corporate limits; and for other purposes.
WEDNESDAY, FEBRUARY 10, 1960
407
The report 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 916. By Mr. Ingle of Gordon:
A bill to extend the corporate limits of the City of Calhoun; and for other purposes.
The report 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 921. By Messrs. Walker and Budd of Lowndes:
A bill to amend an act relating to the charter of the City of Valdosta and relating to retirement; and for other purposes.
The report 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 924. By Messrs. Caldwell and Echols of Upson:
A bill creating a new charter for the City of Thomaston, to extend 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 925. By Messrs. Andrews and Williams of Hall: A bill to amend the charter of the City of Gainesville, relative to the Civil Service 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE SENATE,
HB 926. By Mr. Fowler of Douglas:
A bill creating a Board of Commissioners of Roads and Revenues of Douglas County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 928. By Messrs. Winkle and Smith of Whitfield:
A bill relating to the charter of the City of Dalton and certain Land Lots; and for other purposes.
The report 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 929. By Mr. Smith of Whitfield:
A bill to amend an act incorporating the City of Dalton, relating to 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 933. By Messrs. Floyd and Loggins of Chattooga:
A bill to amend an act to incorporate the Town of Trion, to extend the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 934. By Messrs. Floyd and Loggins of Chattooga:
A bill to amend an act to incorporate the Town of Trion, to extend corporate limits; and for other purposes.
WEDNESDAY, FEBRUARY 10, 1960
409
The report 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 938. By Messrs. McClelland, Smith and Brooks of Fulton:
A bill abolishing Justice Courts in the City of Atlanta and establishing the Civil Court 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 939. By Messrs. Fuqua, Fleming and Edwards of Richmond:
A bill to change from the fee to the salary system in certain counties certain county officials; and for other purposes.
The report 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 942. By Messrs. Keever and Bradley of Bartow:
A bill to amend an act to incorporate the City of Emerson, to empower said city to grant franchises, licenses, easements and rights of way in public 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SR 107. By Senator Sanders of the 18th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize Richmond County to levy a tax not to exceed one-half (%) mill on all the taxable property in the county for the purpose of creating a fund to be used in the industrial development of the county; to provide the procedure connected with the handling, use and expenditure of said fund; to authorize the Governing Authority of said county to select a board of
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citizens to recommend uses and expenditures of said fund; to provide for the submission of this amendment for ratification or rejection; or for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section IV, Paragraph I of the Constitution, as amended, is hereby amended by adding at the end thereof the following:
"The Board of Commissioners of Roads and Revenues of Richmond County, and any successor thereto which shall constitute the Governing Authority of Richmond County, hereinafter referred to as the Governing Authority, is hereby authorized to levy a tax, in addition to all other taxes provided for, not to exceed one-half (%) mill on all the taxable property in Richmond County for the purpose of creating a fund to be known as The Richmond County Industrial Development Fund to be used for the industrial development of the county, including assisting, promoting and encouraging the location of new industries in Richmond County and the expansion and improvement of existing industries in said county. The funds received from the aforesaid tax levy shall be kept separate and apart from all other funds of the county, and the Governing Authority shall cause an annual audit to be made of such fund. The funds may be used for any purpose connected with the industrial development and growth of the county including, but not limited to, the purchase of land, the construction and maintenance of roads, providing ingress and egress to industrial development areas, preparation of land for industrial site development, construction of industrial plant buildings, construction of sewerage and water facilities, construction of other utility facilities, conducting research, and the preparation of reports and studies. The Governing Authority is hereby authorized to enter into contracts with new and existing industries for the purpose of renting, leasing and selling to such industries, buildings and facilities constructed under the provisions of this amendment; provided, however, that none of the fund created under this amendment shall be used by any such industries for operating capital or operating expense. All money paid by such industries to the Governing Authority under the provision of any such contract or agreement shall be replaced in said fund. The Governing Authority shall attempt at all times to keep an amount in such fund not to exceed two hundred fifty thousand ($250,000.00) dollars and should it appear that a levy of one-half (%) mill will produce an amount in excess of two hundred fifty thousand ($250,000.00) dollars, the tax shall be abated accordingly. The Governing Authority shall appoint a board of citizens to render advice relative to the use of such funds, and no part of said fund shall be used or expended for any purpose without such use or expenditure first having the recommendation of the majority of such board of citizens and then being passed upon and approved by the Governing Authority at any regular or special meeting. The board of citizens shall consist of five members who shall be the persons holding the offices of (1) The Chairman of the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, or, in the event the same shall not be the Governing Authority of Richmond County, the executive head of the Governing Authority of Richmond County, or, in either event, a member of said Board of Commissioners or other Governing Authority
WEDNESDAY, FEBRUARY 10, 1960
411
appointed by said Chairman or other executive head thereof to serve in his stead, (2) The Mayor of The City Council of Augusta, or the executive head of the governing body of said City, if the Mayor shall cease to be such, or, in either event, a member of said City Council or other governing body of said City appointed by the Mayor or other executive head thereof to serve in his stead, (3) The President of the Augusta Chamber of Commerce or its successor organization, (4) The Chairman or other chief executive officer of the Committee of 100, Inc., (5) The Executive Director of the Committee of 100, Inc.; and in the event of one or more vacancies in membership because of dissolution, merger, succession, or otherwise, as shall be determined in the discretion of the Governing Authority, then the Governing Authority shall appoint other citizens to fill such vacancies and to serve for such terms as the Governing Authority shall designate, provided that such other citizens shall be residents of Richmond County, Georgia, and shall not during their term of service on said Board hold political office.
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the 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 Richmond County to levy a tax not to exceed one-half (%) mill on all the taxable property in the county for the purpose of creating a fund to be used in the industrial development of the county and provide the procedure connected therewith.
"Against ratification of amendment to the Constitution so as to authorize Richmond County to levy a tax not to exceed one-half (%) mill on all the taxable property in the county for the purpose of creating a fund to be used in the industrial development of the county and provide the procedure 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.
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:
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Those voting in the affirmative were Senators:
Adams Barrett of 32nd Barrett of 45th Breedlove Brooks
Buff Cannon Carlisle Clary Crowe Drew Greer Hays
Holt Home Jernigan Land Lindsey of llth
Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley McGill Nixon
Perry Purcell Ramsey Redwine Roper
Sanders Screws Shaw Skelton Smith Watson
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
SR 109. By Senator Carlisle of the 51st:
A RESOLUTION
Proposing to the qualified voters of Bibb County an amendment to Article VII, Section IV, Paragraph I of the Constitution of the State of Georgia of 1945, and as the same has been heretofore or contemporaneously with the ratification hereof amended, so as to empower the governing authority of Bibb County to pay, in whole or in part, and as from time to time determined, and to levy an ad valorem tax therefor, insurance premiums for hospital, surgical and medical care (either, all or any combination of the same as the governing authority may, from time to time decide) for employees; to define the meaning of "Employees"; to provide for submission of this amendment for ratification or rejection by the people affected; and for other purposes.
Section 1. Be it resolved by the General Assembly of Georgia, and it is so resolved by such authority, that Article VII, Section IV, Paragraph I, of the Constitution of Georgia of 1945, and as the same has been heretofore amended or may, contemporaneously with the ratification hereof, be amended, is hereby further amended by adding at the end thereof a new sub-paragraph to read:
"Provided, however, that the governing authority of Bibb County may, in its discretion and without further authority than provided herein and by ratification hereof, pay and levy an ad valorem tax for paying, in whole or in part, and in such proportions as such governing authority may from time to time determine, insurance premiums for hospital, surgical and medical care (either all or any combination of the same as said governing authority may, from time to time decide) for employees of Bibb County; "employees, as used herein, to include all persons actively employed in the full time service of the County (limited temporary service excluded) upon the effective date of this amendment and thereafter and whose salary, wage or compensation is paid by the County and
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413
by check of the Treasurer of the County whether payable directly to the recipient or to another for transmission or distribution, and whether appointed by the governing authority or by an elected or appointed official and including appointees of the Judges of the Superior Court in and for Bibb County and including elective officials of Bibb County, but excluding Court Bailiffs who serve on a per diem basis."
Section 2. Be it further resolved that when the above proposed amendment shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on 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 empower the governing authority of Bibb County to levy a tax to pay or contribute to the payment of insurance premiums for hospital, surgical and medical care for employees."
"Against ratification of amendment to the Constitution so as to empower the governing authority of Bibb County to levy a tax to pay or contribute to the payment of insurance premiums for hospital, surgical and medical care for employees."
All persons desiring to vote in favor of adopting the proposed amendment shall vote fc/ ratification of the amendment, and all persons desiring to vote against tae 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 and thereof.
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 Barrett of 45th Breedlove Brooks Buff Cannon Carlisle Clary
Crowe Drew Greer Hays Holt Home Jernigan Land Lindsey of llth
Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley McGill Nixon Perry
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Purcell Ramsey Redwine Roper
Sanders Screws Shaw Skelton
Smith Watson
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution having received the requisite constitutional two-thirds majority, was adopted.
HB 910. By Messrs. Killian and Gowen of Glynn:
A bill to amend an act creating the City Court of Brunswick; to change the compensation of the officials and employees; and for other purposes.
The committee on County and Municipal Governments offered the following amendment:
Amend HB 910 by adding a new section to read as follows:
"Section 6. This act shall become effective July 1, 1960."
On the adoption of the amendment, the ayes were 31, 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 937. By Mr. Sheffield of Brooks:
A bill to amend an act creating a new charter for the City of Quitman, providing said city may levy a tax for constructing a National Guard Armory; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 937 by striking from the title of said bill the words "to provide for a referendum."
By striking Section 2 of said bill in its entirety.
By renumbering Section 3 of said bill as Section 2.
On the adoption of the amendment, the ayes were 31, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
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415
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 849. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to amend an act creating the Chatham County Pension Board; and for other purposes.
Senator Ramsey of the 1st offered the following amendment:
Amend HB 849 by striking from Section 1 the following:
"and for the further purpose of providing that employees and future employees of said county now or who may hereafter become eligible for social security and who are not now qualified and entitled to receive a pension, shall not on and after the passage of this bill be entitled to receive a pension under the provisions of the Act creating the Chatham County Pension Board approved March 29, 1937, as amended by the several amendatory acts thereto."
And inserting in lieu thereof the following:
"and for the further purpose of providing that employees and future employees of said county now or who may hereafter become eligible for social security and who are not nowr qualified members of the Chatham County Pension Fund, shall not on and after the passage of this bill be entitled to receive a pension under the pwvisions of the act creating Chatham County Pension Board approved March 29, 1937, as amended by the several amendatory acts thereto."
By striking from Section 1 the following:
"And provided further that employees and future employees of said county who are now or who may hereafter become eligible for social security and who are not qualified and entitled to receive a pension, shall not on and after the passage of this bill be entitled to receive a pension under the provisions of the Act creating the Chatham County Pension Board approved March 29, 1937, as amended by the several amendatory acts thereto."
And inserting in lieu thereof the following:
"And provided further that employees and future employees of said county who are now or who may hereafter become eligible for social security and who are not qualified members of the Chatham County Pension Fund, shall not on and after the passage of this bill be entitled to receive a pension under the provisions of the act creating the Chatham County Pension Board approved March 29, 1937, as amended by the several amendatory Acts thereto."
On the adoption of the amendment, the ayes were 31, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 31, nays 0.
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JOURNAL OP THE SENATE,
The bill, having received the requisite constitutional majority, was passed as amended.
The House insists on its position and appoints a Committee of Conference to the following bills of the House, to wit:
HB 717. By Messrs. Matthews and Newton of Colquitt, Lanier of Candler:
A bill to be entitled an act to regulate the sale of flue-cured leaf tobacco in this State and to provide for the identification of types of tobacco sold in this State; and for other purposes.
The Speaker has appointed as a Committee of Conference on the part of the House the following members:
Lanier of Candler, Twitty of Mitchell and Newton of Colquitt.
Senator Marshall of the 28th asked unanimous consent that the following bill of the House be withdrawn from the Committee on Penal and Correctional Affairs and recommitted to the Committee on Judiciary:
HB 617. By Messrs. Cheatham, Brennan and McGee of Chatham: A bill to amend the statewide probation act; to provide said act shall not apply to prosecution for abandonment or bastardy; and for other purposes.
The following resolutions were read and adopted:
HR 304. By Mr. Thornton of Bibb: A resolution relative to securing the National Moose Convention for the City of Atlanta in 1961; and for other purposes.
HR 360. By Mr. McClelland of Fulton: A resolution relative to the treatise "GOD IS"; and for other purposes.
HR 428. By Mr. Hill of Tattnall: A resolution naming Reidsville State Park; and for other purposes.
HR 399. By Mr. Brackin of Seminole: A resolution naming Seminole State Park; and for other purposes.
HR 429. By Messrs. Lanier of Candler, Newton of Colquitt and Wells of Oconee: and for other purposes:
A resolution requesting Congress to inaugurate a program for eradication of hog cholera and for other purposes.
The following bill of the House was taken up for the purpose of considering the report of a Committee of Conference thereon:
WEDNESDAY, FEBRUARY 10, 1960
417
HB 717. By Messrs. Matthews and Newton of Colquitt, Lanier of Candler:
A bill to regulate the sale of flue-cured leaf tobacco in this State and to provide for the identification of types of tobacco sold in this State; and for other purposes.
The report of the Committee of Conference was as follows:
MR. SPEAKER and MR. PRESIDENT:
Your conference committee on House Bill No. 717 wishes to make the following report:
That the conference committee asks the House to agree to Senate Amendments 1 and 3 and that the Senate recede from its position on Senate Amendment No. 2.
Culpepper of 7th Lindsey of 53rd On part of Senate. Twitty of Mitchell Newton of Colquitt Lanier of Candler On part of House. Disagrees Amendment No. 2 Darby of 15th.
Senator Culpepper of the 7th moved that the report of the Committee of Conference be adopted.
On the motion, the ayes were 28, nays 2, and the report of the Committee of Conference was adopted.
SB 157. By Senators Sanders of the 18th and Watson of the 36th:
A bill extending allocations for retirement benefits for ordinaries 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 165. By Senators Culpepper of the 7th and Sanders of the 18th:
A bill to amend an act (Ga. Laws 1951, p. 90) to provide for special permits to operate motor vehicles in excess of weight limit on State Highways of Georgia; to provide for collection of fees; and for other purposes.
The Committee on Public Utilities and Transportation offered the following substitute:
AN ACT
To amend an act approved February 12, 1951 (Ga. Laws 1951, p. 90) authorizing the Chairman of the State Highway Board of Georgia
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JOURNAL OF THE SENATE,
or the official of the State Highway Department of Georgia designated by the Chairman to grant special permits to operate motor vehicles upon the public highways which are in excess of the limit provided by law for the weight of motor vehicles so as to include special blanket and trip permits as to vehicles in excess of the limit provided by law for the dimensions, length or weight of motor vehicles; to provide that said Chairman of the State Highway Board or the official of the State Highway Department of Georgia designated by said Chairman shall charge and collect for each special trip permit so issued a fee of not less than Twenty-five Dollars or one cents per pound for all excess weight, whichever may be the greater; to provide that said Chairman or official of the State Highway Department designated by the Chairman shall charge and collect for each overweight special blanket permit so issued a fee not to exceed One Hundred and Twenty-five Dollars for six months per vehicle; and for each overlength, overheight, or overwidth special blanket permit so issued a fee not to exceed Twenty-five Dollars for six months per vehicle; to provide for rules and regulations; to repeal conflicting laws and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The act approved February 12, 1951 (Ga. Laws 1951, p. 90) authorizing the Chairman of the State Highway Board of Georgia or the official of the State Highway Department of Georgia designated by the Chairman to grant special permits to operate motor vehicles upon the public highways which are in excess of the limit provided by law for the weight of motor vehicles is hereby amended by striking Section 1 of said act in its entirety and substituting in lieu thereof a new Section 1 to read:
"Section 1. The Chairman of the State Highway Board of Georgia or the official of the State Highway Department designated by the Chairman may in his discretion upon application in writing and good cause being shown therefor issue a special blanket or trip permit in writing authorizing the applicant to operate or move a motor vehicle or combination of vehicles, the dimensions, length or weight of which such vehicle or vehicles and load exceeds the maximum limit specified by law, upon the public highways of this State; provided that the load transported by such vehicle or vehicles is of such nature that it is a unit which can not be readily dismantled or separated. Said Chairman or the official of the State Highway Department designated by the Chairman shall charge and collect for each special trip permit so issued a fee of not less than Twentyfive Dollars, or one cent per pound for all excess weight, whichever may be the greater. Said Chairman or official of the State Highway Department designated by the Chairman shall charge and collect for each overweight special blanket permit so issued a fee not to exceed One Hundred and Twenty-five Dollars for Six months per vehicle; and for each overlength, overheight, or overwidth special blanket permit so issued a fee not to exceed Twenty-five Dollars for Six months per vehicle. The State Highway Board of Georgia is hereby authorized to adopt, establish and promulgate rules and regulations governing the issuance of special blanket or trip permits under the provisions of this Section."
Section 2. All laws and parts of laws in conflict with this act are hereby repealed.
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419
On the adoption of the substitute, the ayes were 19, nays 15, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 18, nays 19, and the bill was lost.
Senator Greer of the 6th gave notice that at the proper time he would move to reconsider SB 165.
SB 200. By Senator Skelton of the 30th:
A bill relating to the service of written interrogatories upon the adverse party; and for other purposes.
The report 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 209. By Senator Brown of the 52nd:
A bill to change the penal provisions for the offense of driving while intoxicated; and for other purposes.
The report 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.
SR 104. By Senators Wright of the 42nd, Carlisle of the 51st and Jernigan of the 5th: A resolution authorizing the Georgia Academy for the Blind and the Georgia School for the Deaf to purchase, maintain and use a passenger carrying station wagon motor vehicle at each institution; 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 28, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 611. By Mr. Gowen of Glynn: A bill to provide for the recording of options to purchase land and of assignments thereof; and for other purposes.
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JOURNAL OF THE SENATE,
The Committee on Judiciary offered the following substitute:
An Act to provide for the recording of options to purchase land and of assignments thereof; to provide the effect of such recording; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:
Section 1. Options to purchase land or any interest in land shall, when executed with the formality now prescribed for the execution of deeds to land, and assignments of such options to purchase, shall be admissible to record in the county in which the property therein described is located. Such record shall, from the date of filing, be notice of the interest and rights of the parties to such option to purchase in and with respect to the property therein described and of the interest and rights of any person holding an assignment of such option to purchase.
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 29, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 627. By Messrs. McKenna and Phillips of Bibb:
A bill to provide a method of retraction of libelous statements made by newspapers which shall relieve such newspapers from punitive damages; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend HB 627 by changing the words "conspiculously and publicly" in line 10 of section 1 to "conspicuous and public".
On the adoption of the amendment, the ayes were 30, 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
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421
HB 641. By Messrs. Steis of Harris, Hale of Dade and others:
A bill to provide for a method of service upon minors, to provide that a guardian ad litem agree to serve in writings; and for other purposes.
The report 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 723. By Messrs. Ballard of Newton, Boggs of Madison and many others:
A bill to amend an act entitled an act to provide that candidates for General Assembly may run in a county or State primary; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend HB 723 by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1, to read as follows:
"Section 1. An Act entitled 'An Act to provide that candidates for membership in the General Assembly of Georgia may run either in a county primary or a State primary; to repeal conflicting laws; and for other purposes.', approved February 20, 1956 (Ga. Laws 1956, p. 159), 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. Any other provisions of law to the contrary notwithstanding, any person who has been or who hereafter is nominated for membership in the General Assembly, either in a county primary or the State primary, shall be the nominee for such political party, and the names of such candidates shall be placed on the general election ballot as the official nominee of such party. Provided, however, that no county primary in which members of the General Assembly are candidates shall be called to be conducted in the year 1960 prior to the 15th day of February, and beginning with the year 1961, no county primary in which members of the General Assembly are candidates shall be called to be conducted prior to the 1st day of March for any year, and when so called, all candidates for nomination to the General Assembly shall run therein.' "
On the adoption of the amendment, the ayes were 32, nays 6, 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 31, nays 6.
The bill, having received the requisite constitutional majority, was passed as amended.
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JOURNAL OF THE SENATE,
Senator Vaughn of the 34th asked unanimous consent that HB 723 be immediately transmitted to the House.
The consent was granted.
SB 218. By Senator Sanders of the 18th:
A bill to amend an act creating the Georgia Ports Authority, approved March 9, 1945, (Ga. Laws 1945, p. 464), as amended, so as to change the provisions relating to the compensation of the members of the Authority; 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.
The following bill was taken up for the purpose of considering a House substitute thereto:
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.
The Committee on Special Judiciary offered the following substitute:
A BILL
To be enttiled an Act to amend Code Section 26-1302, defining the punishment for the crime of rape, so as to provide that the crime rape shall be punished by death, unless the jury recommends mercy, in which event punishment shall be imprisonment for life. Provided, however, the jury in all cases may fix the punishment by imprisonment and labor in the penitentiary for not less than one (1) year nor more than twenty (20) years; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 26-1302, defining the punishment for the crime of rape, is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section 26-1302, to read as follows:
"26-1302. The crime of rape shall be punished by death, unless the jury recommends mercy, in which event punishment shall be imprisonment for life. Provided, however, the jury in all cases may fix the punishment by imprisonment and labor in the penitentiary for not less than one (1) year nor more than twenty (20) years."
Section 2. The provisions of this Act shall apply only to the of-
WEDNESDAY, FEBRUARY 10, 1960
423
fenses of rape committed on or after the date that this Act shall be approved by the Governor or shall otherwise become law. The offenses of rape committed prior to the date that this Act is approved by the Governor or otherwise becomes law shall be punishable as by law provided at the time the offense was committed.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Roach of the 39th moved that the Senate agree to the House substitute to SB 90.
On the motion, the ayes were 31, nays 0, and the motion prevailed.
HB 802. By Mr. Story of Gwinnett:
A bill to prohibit the use of the Flag or State Emblem of Georgia, or the flag or emblem of the Confederate States of America for advertising purposes; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend HB 802 as follows:
By inserting in the title thereof after the last semicolon the following :
"to provide for an effective date; to repeal conflicting laws;"
By striking the word "approval" from Section 1 and substituting in lieu thereof the words "effective date".
By changing the number of the present Section 5 so that it shall become Section 6.
By inserting the following as Section 5:
"The provisions of this Act shall become effective January 1, 1961."
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 581. By Messrs. Kidd and Chandler of Baldwin and others: A bill to amend an act relating to the restoration to sanity of insane persons; 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 724. By Messrs. Orr of Wilkes, McKenna of Bibb and others:
A bill relating to the abandonment of children, to provide a person acquitted on ground that said person is not the parent of said child, cannot be retried; and for other purposes.
The report 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 744. By Messrs. Coalson of Polk, Busbee of Dougherty and others:
A bill providing that the clerk of the court in which a bill of exceptions is filed shall make a copy of such bill, with transcript of record in such case; and for other purposes.
The report 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.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has rejected the Conference Committee report to the following bill of the House to wit:
HB 115. By Messrs. Wilson of Bibb, Echols of Upson, Willingham of Cobb, Carswell of Burke, and others:
A bill to be entitled an act to codify the insurance laws of Georgia; to repeal Title 56 of the Georgia Code of 1933 entitled insurance, so as to substitute new provisions on the organization of the Insurance Department; and for other purposes.
The president appointed as a new Committee of Conference on the part of the Senate on the following bill of the House:
HB 115. By Messrs. Wilson of Bibb, Echols of Upson, Willingham of Cobb, Carswell of Burke and others:
A bill to codify the insurance laws of Georgia; to repeal Title 56 of the Georgia Code of 1933 entitled insurance, so as to substitute new
WEDNESDAY, FEBRUARY 10, 1960
425
provisions on the organization of the Insurance Department; and for other purposes.
Senators Wright of the 42nd, Cannon of the 40th and Vaughn of the 34th.
SB 217. By Senator Brown of the 52nd:
A bill to hear proposals and to make recommendations to the General Assembly concerning proposals for and to effect the lease or development, concerning the tract of land located in Land Lot 78 of the 14th District of Fulton County, Georgia, known as the Governor's Mansion Lot; and for other purposes.
The report 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 634. By Messrs. Palmer of Mitchell, Coalson of Polk and others:
A bill to repeal code section 26-6801, making it a misdemeanor to furnish cigarettes, cigarette tobacco, cigarette paper, or any substitute therefor to a minor; and for other purposes.
The report 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 3.
The bill, having received the requisite constitutional majority, was passed.
HB 734. By Messrs. Reed, Willingham and Holcombe of Cobb:
A bill to amend an act relating to duties of Clerks of the Superior Courts, extending distance from courthouse for places at which records may be kept; and for other purposes.
The report 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, 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
426
JOURNAL OF THE SENATE,
Chairman, to report the same back to the Senate as correct and ready for transmission to the House of Representatives:
SB 190.
SB 191.
SB 193.
SB 198.
SB 199. SB 202.
SB 203. SB 204. SB 205. SB 207.
SB 208.
SB 211. SB 212.
SB 213.
SB 215.
SR 102. SR 103.
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 bill 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 24.
Respectfully submitted,
Ramsey of the 1st District, Chairman.
HB 689. By Mr. Musgrove of Clinch:
A bill to provide that any person failing to relinquish telephone party line to another in an emergency, shall be guilty and punished as for a misdemeanor; and for other purposes.
WEDNESDAY, FEBRUARY 10, 1960
427
The report 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 827. By Mr. Ellis of Henry:
A bill to amend an act creating the Department of Public Safety, to provide penalty for any person to represent himself as any other person; and for other purposes.
The report 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.
HR 329. By Messrs. Blalock of Clayton and Ray of Warren:
A resolution to ratify, approve and confirm the executive order of the Governor, suspending tax imposed by Georgia Retailers' and Consumers' Sales and Use Tax; and for other purposes.
The report 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 Crowe of the 10th 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 11, 1960.
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 Greer of the 6th moved that the Senate reconsider its action of yesterday on the following bill of the Senate:
SB 165. By Senator Culpepper of the 7th and Sanders of the 18th:
A bill to provide for special permits to operate motor vehicles in excess of weight limit on state highways of Georgia; to provide for collection of fees; and for other purposes.
On the motion, the ayes were 28, nays 1, and the motion prevailed.
Senator Cannon of the 40th 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 Culpepper of the 7th 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 989. By Messrs. Twitty of Mitchell, Phillips of Columbia, and others: A bill to be entitled an act relating to the State Revenue Commissioner,
THURSDAY, FEBRUARY 11, 1960
429
creation of the office, term, salary, bond and oath; and for other purposes.
HB 985. By Messrs. Walker and Budd of Lowndes:
A bill to be entitled an act to amend the charter of the Gity of Valdosta, to provide method of financing water, sewer and drain installations; and for other purposes.
HB 981. By Mr. Jones of Wayne:
A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues in the County of Wayne, to provide for a Business Manager; and for other purposes.
HB 980. By Mr. Braswell of Wheeler:
A bill to be entitled an act to amend an act creating the office of Commissioner of Roads and Revenues of Wheeler County; and for other purposes.
HB 978. By Mr. Gross of Stephens:
A bill to be entitled an act to amend an act incorporating the City of Toccoa, to add additional lots, tracts or parcels of land adjacent to the present City limits of the City of Toccoa; and for other purposes.
HB 977. By Messrs. Lee and Blalock of Clayton:
A bill to be entitled an act incorporating the Town of Forest Park to establish veto powers for the mayor; and for other purposes.
HB 976. By Messrs. Cox and Matthews of Clarke: A bill to be entitled an act to amend the charter of the Town of Athens and the closing of certain streets; and for other purposes.
HB 975. By Messrs. Andrews and Williams of Hall: A bill to be entitled an act to amend the charter of the City of Gainesville, by providing for two additional polling places for voting in municipal elections; and for other purposes.
HB 973. By Messrs. Alien and Fordham of Bulloch:
A bill to be entitled an act to fix the compensation of the clerk of the Superior Court of Bulloch County; and for other purposes.
HB 972. By Messrs. Alien and Fordham of Bulloch:
A bill to be entitled an act to repeal an act placing the clerks of Superior Courts on a salary basis in lieu of a fee basis in certain counties; and for other purposes.
HB 969. By Messrs. Irvin of Habersham, Gross of Stephens, and others: A bill to be entitled an act to abolish the fee system in the Superior
430
JOURNAL OF THE SENATE,
Courts of the Mountain Judicial Circuit to the office of official court reporter in felony cases; and for other purposes.
HB 968. By Mr. Bolton of Spalding:
A bill to be entitled an act to abolish the present mode of compensation of the Clerk of the City Court of Griffin, and other city and county officials; and for other purposes.
HB 967. By Mr. Bolton of Spalding: A bill to be entitled an act to amend an act consolidating the offices of Tax Receiver and Tax Collector of Spalding County; and for other purposes.
HB 964. By Messrs. Bolton and Melton of Spalding:
A bill to be entitled an act to create a new charter for the City of Griffin, to provide off-street parking facilities; and for other purposes.
HB 961. By Messrs. Willingham, Reed and Holcombe of Cobb:
A bill to be entitled an act to amend the "Cobb County Recreation Authority Act"; and for other purposes.
HB 959. By Messrs. Willingham, Holcombe and Reed of Cobb:
A bill to be entitled an act to amend an act to create a new charter for the City of Smyrna; and for other purposes.
HB 958. By Messrs. Willingham, Reed and Holcombe of Cobb:
A bill to be entitled an act to amend an act incorporating the City of Powder Springs, to increase the corporate limits; and for other purposes.
HB 957. By Messrs. Willingham, Reed and Holcombe of Cobb, and Fowler of Douglas:
A bill to be entitled an act incorporating the Town of Austell, to change corporate limits; and for other purposes.
HB 956. By Mr. Souter of Macon:
A bill to be entitled an act to amend an act providing for the incorporation of the Town of Ideal, to change the corporate name; and for other purposes.
HB 953. By Messrs. Bradley and Keever of Bartow:
A bill to be entitled an act to change the compensation of the Coroner of Bartow County from the fee to the salary system; and for other purposes.
HB 951. By Dr. Miller of Elbert: A bill to be entitled an act incorporating the City of Elberton, to delete
THURSDAY, FEBRUARY 11, 1960
431
the requirement that the City Manager be a non-resident at the time of his appointment; and for other purposes.
HB 946. By Mr. Ellis of Henry:
A bill to be entitled an act to amend an act incorporating the City of McDonough, relating to streets and sidewalks; and for other purposes.
HB 936. By Messrs. Bagby of Paulding, Twitty of Mitchell, and others:
A bill to be entitled an act to amend an act creating a Department of Public Safety, to change subsistence allowances; and for other purposes.
HB 932. By Messrs. Smith of Emanuel, Twitty of Mitchell and Underwood of Montgomery:
A bill to be entitled an act to provide appropriation to the Department of Labor out of fund credited to and held in this State's account in the unemployment trust fund; and for other purposes.
HB 931. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to be entitled an act to authorize cities of a certain population to become self Insurers; and for other purposes.
HB 863. By Messrs. Blalock of Clayton and Ray of Warren:
A bill to be entitled an act to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act, relating to collection of income taxes and State taxes generally; and for other purposes.
HB 743. By Mr. Andrews of Hall:
A bill to be entitled an act to amend code section 84-1103, relating to appointment of members of Georgia State Board of Examiners; and for other purposes.
HB 1017. By Messrs. McKenna, Phillips and Thornton of Bibb:
A bill to be entitled an act authorizing the City of Macon to convey to First National Bank & Trust Coompany title in the public alley in Square 40 of said City; and for other purposes.
HB 1014. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to be entitled an act to amend the charter of Garden City; and for other purposes.
HB 1013. By Mr. Murphy of Haralson:
A bill to be entitled an act to amend an act incorporating the Town of Waco to grant franchises to utility corporations; and for other purposes.
HB 1004. By Messrs. Coalson and McCown of Polk:
A bill to be entitled an act to amend an act incorporating the Town of Rockmart, relating to taxes; and for other purposes.
432
JOURNAL OF THE SENATE,
HB 1003. By Messrs. Busbee and Odom of Dougherty:
A bill to be entitled an act to permit the Board of Commissioners of Roads and Revenues of Dougherty County to pass rules for development and improvement of real estate in said county; and for other purposes.
HB 1002. By Mr. Busbee of Dougherty:
A bill to be entitled an act to amend an act creating a new charter for the City of Albany; and for other purposes.
HB 997. By Messrs. Matthews and Cox of Clarke:
A bill to be entitled an act to abolish the justice courts, the offices of Justices of the Peace, and Offices of Constables in Clarke County; and for other purposes.
HB 966. By Messrs. Bolton and Melton of Spalding:
A bill to be entitled an act to amend the charter of the City of Griffin, by enlarging the corporate limits; and for other purposes.
HB 991. By Mr. Rodgers of Charlton:
A bill to be entitled an act to change the compensation of the Sheriff and the Ordinary of Charlton County from fee to salary system; and for other purposes.
HB 987. By Messrs. Killian and Gowen of Glynn:
A bill to be entitled an act to amend the charter of the City of Brunswick, relating to certain streets, and to the pension system of said City; and for other purposes.
HB 986. By Messrs. Walker and Budd of Lowndes:
A bill to be entitled an act to create the Valdosta-Lowndes County Industrial Authority; and for other purposes.
HB 963. By Messrs. Bolton and Melton of Spalding:
A bill to be entitled an act to amend an act creating a new charter for the City of Griffin, to change punitive powers of Board of Commissioners of Griffin and Criminal Court of Griffin; and for other purposes.
HB 962. By Messrs. Lee and Blalock of Clayton:
A bill to be entitled an act to amend an act incorporating the City of Riverdale, to define boundaries; and for other purposes.
HB 960. 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, to extend territorial limits; and for other purposes.
THURSDAY, FEBRUARY 11, 1960
433
HB 920. By Mr. Keever of Bartow:
A bill to be entitled an act to prohibit solicitation of votes by any means or methods on any election day within a specified distance of the voting place; and for other purposes.
HB 854. By Messrs. Tamplin of Morgan, Parker of Screven and others:
A bill to be entitled an act to amend the act creating the Georgia Milk Commission, to authorize the Commission to assess and collect costs and penalties for revocation of licenses; and for other purposes.
SB 178. By Senator Ramsey of the 1st:
A bill to be entitled an act to authorize and empower Chatham County, Georgia, by and through its County Commissioners and Ex-Officio Judges thereof, to provide, construct and/or maintain in said County, outside the corporate limits of any municipality therein, a system of fire departments; and for other purposes.
SB 179. By Senator Ramsey of the 1st:
A bill to be entitled an act to authorize and empower Chatham County, Ga., by and through its County Commissioners and Ex-Officio Judges thereof, to provide and/or maintain in said County outside the limits of incorporated municipalities, a system of waterworks, sewerage and/ or sanitation; and for other purposes.
SB 183. By Senator Skelton of the 30th:
A bill to be entitled an act to amend an act creating the office of Commissioner of Roads and Bridges for Hart County, to change the salary of the Commissioner of Roads and Bridges; and for other purposes.
The House has adopted the following resolutions of the House, to-wit:
HR 467. By Messrs. Smith of Emanuel, Twitty of Mitchell, and others:
A resolution relative to the passing of Captain William Parker Grinstead; and for other purposes.
HR 469. By Messrs. Odom and Busbee of Dougherty, Twitty of Mitchell, and others:
A resolution extending an invitation to Honorable James H. Gray, to address a joint session of the Senate and House of Representatives; and for other purposes.
HR 470. By Messrs. Odom and Busbee of Dougherty, Twitty of Mitchell, and others:
A resolution calling a joint session of the House and Senate on February 18, 1960; and for other purposes.
HR 453. By Mr. Melton of Spalding: A resolution advising the U. S. Tariff Commission of the deep interest
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JOURNAL OF THE SENATE,
of the General Assembly of Georgia in the investigation of imports of cotton and textiles; and for other purposes.
HR 465. By Mr. Smith of Emanuel:
A resolution expressing appreciation to Metro-Goldwyn-Mayer, Inc. and Wilby-Kincey Service Corporation; and for other purposes.
HR 420. By Messrs. Murphy of Haralson, Ross of Lincoln, Smith of Emanuel, Twitty of Mitchell, and others:
A resolution to create a joint interim committee of the House and Senate to investigate and hold hearings to define and strengthen the laws dealing with barratry; and for other purposes.
The following bill and resolutions were introduced, read the first time and referred to committees:
SR 114. By Senator Buff of the 44th:
A resolution to provide for a new Board of Tax Administrators for Catoosa County; to provide for the qualifications, terms, authority, duties, and compensation; and for other purposes.
Referred to Committee on Rules.
SR 115. By Senators McGill of the 5th; Clary of the 29th; and Marshburn of the 33rd:
A resolution relative to the inspection of livestock and livestock products; and for other purposes.
Referred to Committee on Agriculture & Natural Resources.
HB 743. By Mr. Andrews of Hall:
A bill to amend code sections 84-1103, relating to appointment of members of Georgia State Board of Examiners; and for other purposes.
Referred to Committee on Rules.
HB 854. By Messrs. Tamplin of Morgan, Parker of Screven and others:
A bill to amend the act creating the Georgia Milk Commission, to authorize the Commission to assess and collect costs and penalties for revocation of licenses; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 863. By Messrs. Blalock of Clayton and Ray of Warren:
A bill to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act, relating to collection of income taxes and State taxes generally; and for other purposes.
Referred to Committee on Rules.
THURSDAY, FEBRUARY 11, 1960
435
HB 920. By Mr. Keever of Bartow:
A bill to prohibit solicitation of votes by any means or methods on any election day within a specified distance of the voting place; and for other purposes.
Referred to Committee on Rules.
HB 931. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to authorize cities of a certain population to become self insurers; and for other purposes.
Referred to Committee on Rules.
HB 932. By Messrs. Smith of Emanuel, Twitty of Mitchell and Underwood of Montgomery:
A bill to provide appropriation to the Department of Labor out of fund credited to and held in this State's account in the unemployment trust fund; and for other purposes.
Referred to Committee on Appropriations.
HB 936. By Messrs. Bagby of Paulding, Twitty of Mitchell and others:
A bill to amend an act creating a Department of Public Safety, to change subsistence allowance; and for other purposes.
Referred to Committee on Government Operations.
HB 946. By Mr. Ellis of Henry:
A bill to amend an act incorporating the City of McDonough, relating to streets and sidewalks; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 951. By Dr. Miller of Elbert:
A bill incorporating the City of Elberton, to delete the requirement that the City Manager be a non-resident at the time of his appointment; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 953. By Messrs. Bradley and Keever of Bartow: A bill to change the compensation of the coroner of Bartow County from the fee to the salary system; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 956. By Mr. Souter of Macon: A bill to amend an act providing for the incorporation of the Town of Ideal, to change the corporate name; and for other purposes.
Referred to Committee on County and Municipal Governments.
436
JOURNAL OF THE SENATE,
HB 957. By Messrs. Willingham, Reed and Holcombe of Cobb and Fowler of Douglas:
A bill incorporating the Town of Austell, to change the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 958. By Messrs. Willingham, Reed and Holcombe of Cobb:
A bill to amend an act incorporating the City of Powder Springs, to increase the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 959. By Messrs. Willingham, Holcombe and Reed of Cobb:
A bill to amend an act to create a new charter for the City of Smyrna; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 960. By Messrs, Willingham, Reed and Holcombe of Cobb:
A bill to amend an act creating a new charter for the City of Kennesaw, to extend territorial limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 961. By Messrs. Willingham, Reed and Holcombe of Cobb:
A bill to amend the "Cobb County Recreation Authority Act"; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 962. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act incorporating the City of Riverdale, to define boundaries; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 963. By Messrs. Bolton and Melton of Spalding:
A bill to amend an act creating a new charter for the City of Griffin, to change punitive powers of Board of Commissioners of Griffin and Criminal Court of Griffin; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 964. By Messrs. Bolton and Melton of Spalding:
A bill to create a new charter for the City of Griffin, to provide offstreet parking facilities; and for other purpose.?.
Referred to Committee on County and Municipal Governments.
THURSDAY, FEBRUARY 11, 1960
437
HB 966. By Messrs. Bolton and Melton of Spalding:
A bill to amend the charter of the City of Griffin by enlarging the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 967. By Mr. Bolton of Spalding:
A bill to amend an act consolidating the offices of tax receiver and tax collector of Spalding County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 968. By Mr. Bolton of Spalding:
A bill to abolish the present mode of compensation of the clerk of City Court of Griffin, and other city and county officials; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 969. By Messrs. Irvin of Habersham, Gross of Stephens, Hedden of Towns, Bynum of Rabun and Jones of Union:
A bill to abolish the fee system in the superior courts of the Mountain Judicial Circuit to the office of official court reporter in felony cases; and for other purposes.
Referred to Committee on Judiciary.
HB 972. By Messrs. Alien and Fordham of Bulloch:
A bill to repeal an act placing the clerks of the superior courts on a salary basis in lieu of a fee basis in certain counties; and for other purposes.
Referred to Committee on Judiciary.
HB 973. By Messrs. Alien and Fordham of Bulloch:
A bill to fix the compensation of the clerk of the Superior Court of Bulloch County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 975. By Messrs. Andrews and Williams of Hall:
A bill to amend the charter of the City of Gainesville, by providing for two additional polling places for voting in municipal elections; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 976. By Messrs. Cox and Matthews of Clarke:
A bill to amend the charter of the Town of Athens and the closing of certain streets; and for other purposes.
Referred to Committee on County and Municipal Governments.
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JOURNAL OP THE SENATE,
HB 977. By Messrs. Lee and Blalock of Clayton:
A bill incorporating the Town of Forest Park to establish veto powers for the mayor; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 978. By Mr. Gross of Stephens:
A bill to amend an act incorporating the City of Toccoa, to add additional lots, tracts or parcels of land adjacent to the present city limits of the City of Toccoa; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 980. By Mr. Braswell of Wheeler:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of Wheeler County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 981. By Mr. Jones of Wayne:
A bill to create a Board of Commissioners of Roads and Revenues in the County of Wayne, to provide for a business manager; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 985. By Messrs. Walker and Budd of Lowndes:
A bill to amend the charter of the City of Valdosta, to provide method of financing water, sewer and drain installations; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 986. By Messrs. Walker and Budd of Lowndes:
A bill to create the Valdosta-Lowndes County Industrial Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 987. By Messrs. Killian and Gowen of Glynn:
A bill to amend the charter of the City of Brunswick, relating to certain streets, and to the pension system of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 989. By Messrs. Twitty of Mitchell, Phillips of Columbia and others:
A bill relating to the State Revenue Commissioner, creation of the office, term, salary, bond and oath; and for other purposes.
Referred to Committee on Government Operations.
THURSDAY, FEBRUARY 11, 1960
439
HB 991. By Mr. Rodgers of Charlton:
A bill to change the compensation of the sheriff and ordinary of Charlton County from fee to salary system; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 997. By Messrs. Matthews and Cox of Clarke:
A bill to abolish the justice courts, the offices of justices of the peace, and offices of constables in Clarke County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1002. By Mr. Busbee of Dougherty:
A bill to amend an act creating a new charter for the City of Albany; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1003. By Messrs. Busbee and Odom of Dougherty:
A bill to permit the Board of Commissioners of Roads and Revenues of Dougherty County to pass rules for development and improvement of real estate in said county; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1004. By Messrs. Coalson and McCown of Polk:
A bill to amend an act incorporating the Town of Rockmart, relating to taxes; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1013. By Mr. Murphy of Haralson: A bill to amend an act incorporating the Town of Waco to grant franchises to utility corporations; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1014. By Messrs. Brennan, Cheatham and McGee of Chatham: A bill to amend the charter of Garden City; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1017. By Messrs. McKenna, Phillips and Thornton of Bibb: A bill authorizing the City of Macon to convey to First National Bank and Trust Company title in the public alley in Square 40 of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 420. By Messrs. Murphy of Haralson, Ross of Lincoln, Smith of Emanuel, Twitty of Mitchell and others: A resolution to create a joint interim committee of the House and
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Senate to investigate and hold hearings to define and strengthen the laws dealing with barratry; and for other purposes.
Referred to Committee on Judiciary.
HR 453. By Mr. Melton of Spalding:
A resolution advising the U. S. Tariff Commission of the deep interest of the General Assembly of Georgia in the investigation of imports of cotton and textiles; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HR 279. By Mr. Magoon of Hart: A resolution relative to State Rights; and for other purposes.
Referred to Committee on Rules.
HR 433. By Messrs. Brooks of Oglethorpe and Fowler of Douglas:
A resolution creating a committee relative to the construction of an Archival Building; and for other purposes.
Referred to Committee on Rules.
HR 441. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A resolution authorizing the Governor to provide funds for preliminary plans for a port at Columbus, Georgia; and for other purposes.
Referred to Committee on Rules.
The following bills and resolutions were read the second time:
SB 225. By Senator Greer of the 6th:
A bill to permit corporations organized for pecuniary gain to contract freely and without legislative restriction as to interest rate in borrowing sums which exceed $2,500; and for other purposes.
SB 226. By Senator Sanders of the 18th:
A bill to provide that it shall be the duty of any person who, while operating a motor vehicle, strikes and injures with said motor vehicle, any horse, dog or animal in the bovine classification, to stop and attempt to locate the owner or custodian thereof; and for other purposes.
SB 227. By Senator Sanders of the 18th:
A bill to define the method of service of notices, orders, subpoenas and other papers relating to discovery, depositions and interrogatories; and for other purposes.
SB 228. By Senators Slade of the 14th and Sanders of the 18th:
A bill relating to the custody of children in connection with the granting of divorces; and for other purposes.
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441
SB 229. By Senator Brown of the 52nd:
A bill to change the regulations of preparation, contents, and recording of maps or plats of survey of tracts or bodies of land in certain counties; and for other purposes.
SB 230. By Senator Brown of the 52nd:
A bill to amend an act creating a new charter for the City of Atlanta and the several acts amendatory thereof; and for other purposes.
SB 231. By Senator Wright of the 42nd:
A bill to provide that no person, firm, corporation or association shall advertise in any manner which is untrue or misleading; and for other purposes.
SB 232. By Senators Redwine of the 26th; Jernigan of the 5th; and Cannon of the 40th:
A bill relating to the Board of Funeral Service to change the definition of the word "apprentice"; to change the residence requirements for applicants; to eliminate the reciprocal practice provisions; and for other purposes.
SB 233. By Senators Redwine of the 26th; Jernigan of the 5th; and Cannon of the 40th:
A bill to prescribe certain regulations relative to the removal or disposition of a dead body; and for other purposes.
SR 113. By Senator Brown of the 52nd:
A resolution to provide that any two or more counties which have been or hereafter may be combined or merged shall retain the representation in the House of Representatives apportioned to all counties involved in said combination or merger.
HB 642. By Messrs. Phillips and Thornton of Bibb:
A bill to revise the Adoption Laws, to provide that consent for adoption given by parents shall be binding; and for other purposes.
HB 788. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill to amend an act authorizing the establishment in certain counties of a commission to be named the Local Government Improvement Commission; and for other purposes.
HB 853. By Messrs. Rutland of DeKalb, Twitty of Mitchell and others:
A bill to amend an act relating to motor vehicles licenses so as to change basis on which trucks, tractors and semi-trailers, for hire or private, are taxed annually; and for other purposes.
HB 866. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A bill to amend section 3 (c)2(d) of the Georgia Retailers' and Con-
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sumers' Sales and Use Tax Act, relating to exclusion of governmental sales from the tax imposed under said Act; and for other purposes.
HB 879. By Messrs. Lovett and Green of Laurens:
A bill to provide for office hours of the Board of Commissioners of Roads and Revenues, and other officials of Laurens County; and for other purposes.
HB 880. By Messrs. Lovett and Green of Laurens:
A bill to place the sheriff of Laurens County on a salary basis; and for other purposes.
HB 881. By Messrs. Lovett and Green of Laurens:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Laurens; and for other purposes.
HB 882. By Messrs. Lovett and Green of Laurens:
A bill to amend an act to abolish the offices of tax collector and tax receiver, to change compensation of the Tax Commissioner of Laurens County; and for other purposes.
HB 883. By Messrs. Lovett and Green of Laurens:
A bill to amend an act relating to tax collectors and tax commissioners in certain counties, relating to collecting certain taxes; and for other purposes.
HB 884. By Messrs. Payton of Coweta, McKenna of Bibb and Orr of Wilkes:
A bill to amend an act to regulate procedure in the courts of this State; to define "reasonable notice"; and for other purposes.
HB 885. By Messrs. Payton of Coweta, McKenna of Bibb and Orr of Wilkes:
A bill to amend code section 30-101, pertaining to how divorces are granted; by Judge or Jury trial; and for other purposes.
HB 886. By Messrs. Payton of Coweta, McKenna of Bibb and Orr of Wilkes:
A bill to amend code section 30-122 pertaining to rights and disabilities of parties to a divorce; and for other purposes.
HB 893. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to provide for the creation of transit authorities; to repeal conflicting laws; and for other purposes.
HB 906. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend an act providing for a uniform method of fixing salaries, allowances and travel expenses of certain State Officials; relating to members of the State Highway Board; and for other purposes
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443
HB 915. By Mr. Ingle of Gordon: A bill to incorporate the City of Plainville; and for other purposes.
HB 922. By Mr. Jones of Jesup:
A bill to incorporate and create a new charter for the City of Jesup and for other purposes.
HB 919. By Mr. Keever of Bartow:
A bill to change certain militia district lines in certain counties; and for other purposes.
HR 275. By Mr. Kidd of Baldwin:
A resolution to provide for compensation and expenses for the services rendered by Dr. George W. Jackson; and for other purposes.
HR 320. By Messrs. Gowen and Killian of Glynn:
A resolution proposing an amendment to the Constitution so as to relieve the Sheriff of Glynn County of his duties as jailer, and to provide that the City Marshal shall perform such duties; and for other purposes.
HR 367. By Messrs. Gowen and Killian of Glynn:
A resolution proposing an amendment to the Constitution to authorize the creation of a Brunswick Ports Authority; and for other purposes.
HR 368. By Mr. Sheffield of Brooks:
A resolution proposing an amendment to the Constitution so as to provide for the merger of the existing independent school system of the City of Quitman and the County of Brooks; and for other purposes.
HR 376. By Messrs. NeSmith and Hill of Meriwether:
A resolution proposing an amendment to the Constitution, to authorize Meriwether County to issue certain revenue anticipation obligations for specified purposes; and for other purposes.
HR 377. By Mr. Bozeman of Thomas:
A resolution proposing an amendment to the Constitution to create a body corporate and politic to be known as the Thomasville Payroll Development Authority; and for other purposes.
HR 378. By Mr. Singer of Stewart:
A resolution proposing an amendment to the Constitution to authorize Stewart County to issue revenue anticipation obligations for specified purposes; and for other purposes.
HR 401. By Messrs. Kidd of Baldwin and Floyd of Chattooga:
A resolution requesting the citizens of the State of Georgia to support the "D.A.V. Idento-Tag Program"; and for other purposes.
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HR 408. By Messrs. Hodges and Parker of Ware:
A resolution proposing an amendment to the Constitution to empower the Board of County Commissioners of Ware County to assess and collect license fees and occupational taxes; and for other purposes.
HR 389. By Messrs. McClelland, Brooks and Smith of Fulton, McWhorter, Mackay and Rutland of DeKalb:
A resolution authorizing the granting of an easement to the City of Atlanta; and for other purposes.
HR 391. By Messrs. Cheatham, McGee and Brennan of Chatham:
A resolution proposing an amendment to the Constitution so as to create the Savannah Transit Authority; and for other purposes.
HR 412. By Messrs. Winkle and Smith of Whitfield:
A resolution proposing an amendment to the Constitution to provide for the establishment of Fire Prevention Districts in Whitfield County; and for other purposes.
HR 418. By Mr. Todd of Glascock:
A resolution proposing an amendment to the Constitution to provide for the election of members of the Board of Education of Glascock County; and for other purposes.
HR 423. By Messrs. Brennan and Cheatham of Chatham, Twitty of Mitchell and others:
A resolution authorizing the purchase of a new Seal of the State of Georgia; and for other purposes.
HR 433. By Messrs. Brooks of Oglethorpe and Fowler of Douglas:
A resolution creating a committee relative to the construction of an Archival Building; and for other purposes.
HR 441. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A resolution authorizing the Governor to provide funds for preliminary plans for a port at Columbus, Georgia; and for other purposes.
HR 454. By Mr. Smith of Emanuel: A resolution relative to Wesleyan Conservatory; and for other purposes.
HB 790. By Messrs. Twitty of Mitchell and Smith of Emanuel: A bill imposing a tax upon the sale, use, or other disposition of cigars and cigarettes; and for other purposes.
HB 990. By Messrs. Cheatham, Brennan and McGee of Chatham: A bill to amend the several acts relating to the mayor and aldermen of the City of Savannah; and for other purposes.
THURSDAY, FEBRUARY 11, 1960
445
Mr. 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 resolutions of the House and Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SR 111. Do Pass.
HR 334. Do Pass as Amended.
HR 375. Do Pass*
Respectfully submitted,
Vaughn of 34th District, Secretary.
Mr. Carlisle of the 51st District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the following bill and resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 657. Do Pass.
HR 119. Do Pass.
HR 144. Do Pass.
HR 348. Do Pass.
HR 354. Do Pass.
HR 371. Do Pass.
Respectfully submitted,
Carlisle of 51st District, Chairman.
Mr. Greer of the 6th District, Secretary of the Committee on Government 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 906. Do Pass.
HR 423. Do Pass.
Respectfully submitted,
Greer of 6th District, Secretary
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JOURNAL OF THE SENATE,
Mr. Doster of the 48th District, Chairman of the Committee on Agricultural and Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agricultural and Natural Resources 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 774. Do Pass.
HR 349. Do Pass. HB 349. Do Pass.
Respectfully submitted,
Doster of 48th District, Chairman.
Mr. Vaughn of the 34th 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 751. Do Pass.
HB 617. Do Pass, as Amended.
HB 623. Do Pass, as Amended.
HB 718. Do Pass.
Respectfully submitted,
Vaughn of 34th District, Chairman.
Mr. 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 bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 661. Do Pass.
Respectfully submitted,
Wright of 42nd District, Chairman.
Mr. Holt of the 64th 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
THURSDAY, FEBRUARY 11, 1960
447
following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 233. Do Pass.
Respectfully submitted,
Holt of 54th District, Chairman.
Mr. 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 House and Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 790. Do Pass.
HB 775. Do Pass.
HB 626. Do Pass.
HB 707. Do Pass.
SB 201. Do Pass.
Respectfully submitted,
Brooks of 23rd District, Chairman.
Mr. 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 Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations.
HB 715. Do Pass. SB 220. Do Pass.
SB 222. Do Pass. Respectfully submitted,
Brown of 52nd District, Chairman.
Mr. Jernigan of the 5th District, Chairman of the Committee on Education, submitted the following report:
Mr. President:
Your Committee on Education has had under consideration of the following
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bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 694. Do Pass. HB 714. Do Pass. HB 912. Do Pass.
Respectfully submitted,
Jernigan of 5ith District, Chairman.
Mr. 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 recommendations :
SB 171. Do Pass.
SB 219. Do Pass.
SB 221. Do Pass.
HB 700. Do Pass.
Respectfully submitted,
Greer of 6th District, Chairman.
The Speaker has appointed as a second Committee on Conference on the part of the House on the following bill of the House:
HB 115. By Messrs. Wilson of Bibb, Echols of Upson, and others: A bill to codify the insurance laws of the State of Georgia; and for other purposes.
Messrs. Hollis of Muscogee, McCrackin of Jefferson, and Wilkes of Cook.
The House has disagreed to the Senate substitute to the following bill of the House, to-wit:
HB 755. By Messrs. Carswell and Tucker of Burke and others: A bill to provide that any person purchasing a used school bus shall repaint the same, and any person now using a used school bus repaint the same; and for other purposes.
The House has adopted the Conference Committee report to the following bill of the House, to-wit:
THURSDAY, FEBRUARY 11, 1960
449
HB 717. By Messrs. Matthews and Newton of Colquitt and others:
A bill to regulate the sale of flue-cured leaf tobacco in this State, to provide for identification of types of tobacco sold 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 625. By Messrs. Carswell and Tucker of Burke and others:
A bill to amend an act relating to securing advances made for purpose of planting, making or gathering a crop, by giving a bill of sale; and for other purposes.
HB 723. By Messrs. Ballard of Newton, Boggs of Madison and many others:
A bill to amend an act entitled an act to provide that candidates for General Assembly may run in a county or State primary; and for other purposes.
. The following local uncontested bills were read the third time and put upon their passage:
SB 220. By Senator Buff of the 44th:
A bill to eliminate a tax exemption provision for certain real and personal property in the City of Ringgold; and for other purposes.
The report 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 222. By Senator Roper of the 19th:
A bill to change the corporate limits of the City of Union 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolutions were read and adopted:
SR 116. By Senator McGill of the 50th:
A resolution commending the Wilkes County Education Association; and for other purposes.
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SR 117. By Senators Skelton of the 30th and Purcell of the 31st: A resolution endorsing the development of the natural resources of the State of Georgia as outlined by the Congress of the United States; and for other purposes.
SR 118. By Senators Clary of the 29th and McGill of the 50th: A resolution to designate the Tom Watson Bridge; and for other purposes.
SR 119. By Senator Greer of the 6th: A resolution extending an invitation to the Woodmen of the World; and for other purposes.
HR 401. By Messrs. Kidd of Baldwin and Floyd of Chattooga:
A resolution requesting the citizens of the State of Georgia to support the "D.A.V. Idento-Tag Program"; and for other purposes.
HR 454. By Mr. Smith of Emanuel: A resolution relative to Wesleyan Conservatory; and for other purposes.
HR 465. By Mr. Smith of Emanuel:
A resolution expressing appreciation to Metro-Goldwyn-Mayer, Inc. and Wilby-Kincey Service Corporation; and for other purposes.
HR 467. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A resolution relative to the passing of Captain William Parker Grinstead; and for other purposes.
HR 469. By Messrs. Odom and Busbee of Dougherty, Twitty of Mitchell and others:
A resolution extending an invitation to Honorable James H. Gray, to address a joint session of the Senate and House of Representatives; and for other purposes.
HR 470. By Messrs. Odom and Busbee of Dougherty, Twitty of Mitchell and others:
A resolution calling a joint session of the House and Senate on February 18, 1960; and for other purposes.
SR 120. By Senator Brown of the 52nd:
A resolution commending Honorable John L. Conner; and for other purposes.
The following general bills, favorably reported by the committees, were read the third time and put upon their passage:
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451
SB 196. By Senator Greer of the 6th:
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), as amended, so as to change the provision as to the marking of motor vehicles used by the Department of Public Safety in traffic law enforcement; to repeal conflicting laws; and for other purposes.
The Committee on Public Utilities and Transportation offered the following amendment:
Amend SB 196 by striking the words "provided, however that the Director of the Department of Public Safety may authorize the use of unmarked cars . . ." and the language following to the end of said section and substituting in lieu thereof following the word "height" the following:
"provided, however, that vehicles of the Department of Public Safety used regularly for patrol duty may be marked by placing on each side thereof the distinctive seal of the Department of Public Safety which seals shall be not less than nine inches in diameter so that said vehicles may be identified as those used by men in uniform so that said vehicles may be identified as those used by men in uniform of the Department, and when such vehicles are in use for such duty they shall be equipped with red light and siren and manned by state patrolmen in uniform."
On the adoption of the amendment, the ayes were 26, nays 3, 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 24, nays 8.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Greer of the 6th gave notice that at the proper time he would move that the Senate reconsider its action on SB 196.
HB 850. By Messrs. Story and Morgan of Gwinnett and others : A bill to create a new judicial circuit for the State of Georgia, to be known as the Gwinnett 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 851. By Messrs. Story and Morgan of Gwinnett and others: A bill to repeal an act placing the solicitor general of the Piedmont Judicial Circuit on salary in lieu of a fee basis; 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 707. By Messrs. Fuqua of Richmond and Walker of Lowndes:
A bill to amend section 5 of article III of the Banking Laws of Georgia, relating to fees to cover cost of examination of banks; to increase the 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 30, 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 report of a Committee of Conference thereto:
HB 115. By Messrs. Wilson of Bibb, Echols of Upson, Willingham of Cobb and others:
A bill to codify the insurance laws of Georgia; to repeal Title 56 of the Georgia Code of 1933 entitled insurance, so as to substitute new provisions on the organization of the insurance department; and for other purposes.
The report of the Committee of Conference was as follows:
MR. PRESIDENT AND MR. SPEAKER:
The second conference committee on HB 115 has met, and in view of the arguments and objections expressed on the floor of the House which were confined solely to the original recommendation relating to Section 56-3004, Page 143, Line 27 relating to "fraudulent misstatements" recommends that the Senate amendment to Section 56-3004, Page 143, Line 27 be disagreed to, which will have the effect of omitting the words "except fraudulent misstatements" and that otherwise the original conference committee report be followed.
Respectfully submitted:
Hollis of Muscogee, Chairman McCracken of Jefferson Wilkes of Cook Wright of 42nd District Cannon of 40th District Vaughn of 34th District.
MR. PRESIDENT AND MR. SPEAKER:
The Conference Committee on HB 115 has met and makes the following recommendations:
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453
That Senate amendment to Section 56-209 be agreed to;
That Senate amendment to Section 56-216 (c), Page 5, Line 37 be disagreed to and said subsection (c) be amended by deleting the semicolon following the word "office" and adding the following: "and to promulgate such other rules and regulations as are reasonably necessary to implement the provisions of this Title.";
That Senate amendment to Section 56-312 be agreed to;
That Senate amendment to Section 56-314 be agreed to;
That Senate amendment to Section 56-315 be agreed to;
That Senate amendment to Section 56-317 (5) be agreed to;
That Senate amendment to Section 56-410 be disagreed to;
That Senate amendment to Section 56-413 (5) be disagreed to and said subsection (5) be amended by adding the following at the end of subsection (5) : "Provided, however, that no new insurance risk shall be ceded after two years from the effective date of this Title unless such reinsurance contract meets all the standards set forth in this Title.";
That Senate amendment to Section 56-713 be agreed to;
That Senate amendment to Section 56-801b(8) (d) and Section 56-801b (8) (e) be agreed to;
That Section 56-801b(8) (e), page 46, line 1 be amended as follows: "(iv)" be renumbered as "(v)";
That Senate amendment to Section 56-801, page 45, line 67 be agreed to;
That Senate amendment to Section 56-804b, page 46, line 63 be agreed to;
That Senate amendment to Section 56-804b, page 47, line 1 be agreed to;
That Senate amendment to Section 56-804b, page 47, lines 4 and 5 be agreed to;
That Senate amendment to Section 56-811b(2) be agreed to;
That Senate amendment to Section 56-817b(3) be agreed to;
That Senate amendment to Section 56-1016 be disagreed to and said section be amended as follows:
"CORPORATE BONDS AND DEBENTURES. (1) An insurer may invest in bonds, debentures, notes and other evidences of indebtedness issued, assumed or guaranteed by any solvent institution existing under the laws of the United States of America or of Canada, or any state or province thereof, which are not in default as to principal or interest and which are secured by collateral worth at least fifty (50%) percent more than the par value of the entire issue of such obligations, but only if not more than one-third of the total value of such required collateral consists of common stocks.
(2) An insurer may invest in secured and unsecured obligations of such institutions (other than obligations described in subsection {!)) bearing interest at a fixed rate, with mandatory principal and interest due at specified times, if the net earnings of the issuing, assuming or guaranteeing institution available for its
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JOURNAL OF THE SENATE,
fixed charges for a period of five fiscal years next preceding date of acquisition by such insurer have averaged per year not less than one-and-one-half (1%) times its average annual fixed charges applicable to such period and if during either of the last two years of such period such net earnings have been not less than one-and-onehalf (1%) times its fixed charges for such year.
That Senate amendment to Section 56-1101 be agreed to;
That Section 56-1204 (4), page 69, line 57 be amended as follows: After the word "contract" add the following: "upon which an action";
That Senate amendment to Section 56-1303 be agreed to;
That Senate amendment to Section 56-1309 be agreed to;
That Senate amendment to Section 56-2508 be agreed to;
That Section 56-2705 be amended by adding at the end of the Section 56-2705, line 57, the following sentence: "Inclusion of a statement of this conversion privilege in the insurance certificate issued to the individual insured shall constitute a notice of conversion privileges to such individual insured as required by this section.";
That Senate amendment to Section 56-3004 be disagreed to and Section 56-3004, page 143, line 27 be amended as follows: After the word "misstatement" add the following: "except fraudulent misstatements as to pre-existing disease or condition which is directly connected with the disease or condition because of which a claim is made under the policy,";
That Senate amendment to Section 56-3004 (13) be agreed to;
That Senate amendment to Section 56-3006 be agreed to;
That Senate amendment by Senator Greer of the 6th to amend HB 115 by instructing the Clerk of the House, upon the final passage of the bill, to renumber all sections and chapters so that the same will run consecutively, be disagreed to.
Respectfully submitted,
Hollis of Muscogee, Chairman McCracken of Jefferson Wilkes of Cook Wright of 42nd District Cannon of 40th District Vaughn of 34th District.
MR. PRESIDENT AND MR. SPEAKER:
The Conference Committee on HB 115 has discovered an omission in its original report and files this supplementary report and recommends that Senate amendment to Section 56-304 be agreed to;
The Committee also corrects it original report by striking the reference to section 56-1204(4) and subsitutes section 56-1201(4).
Respectfully submitted,
Hollis of Muscogee, Chairman McCracken of Jefferson Wilkes of Cook Wright of 42nd District Cannon of 40th District Vaughn of 34th District.
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455
On the adoption of the Conference Committee report, the ayes were 33, nays 0, and the Conference Committee report was adopted.
SB 201. By Senator Dykes of the 2nd:
A bill relating to the regulation of trust companies and the duties and powers of superintendents of banks; and for other purposes.
The report 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.
Senator Dykes of the 2nd asked unanimous consent that SB 201 be immediately transmitted to the House.
The consent was granted.
SB 219. By Senator Greer of the 6th:
A bill to amend code title 68 pertaining to motor vehicles, as amended, so as to provide that the Georgia Public Service Commission shall have the power to delegate to employees and assistants the authority to enforce the provisions of the "Motor Carrier Act of 1931"; and for other purposes.
The report 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.
SB 221. By Senators Doster of the 48th and Greer of the 6th:
A bill to amend section 68-502 of the 1933 code of Georgia, so as to provide that the term "motor carrier" shall include motor vehicles engaged in the transportation of fertilizer; and for other purposes.
The report 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 223. By Senators McGill of the 50th and Mobley of the 17th:
A bill to amend an act known as the "Structural Pest Control Act"; 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator McGill of the 50th asked unanimous consent that SB 223 be immediately transmitted to the House.
The consent was granted.
SB 165. By Senators Culpepper of the 7th and Sanders of the 18th:
A bill to provide for special permits to operate motor vehicles in excess of weight limit on State Highways of Georgia; to provide for collection of fees; and for other purposes.
Senator Sanders of the 18th offered the following amendment to the substitute adopted yesterday.
Amend SB 165 by adding the following language:
"Provided, however, that the fee provisions of this act shall not apply to the moving of machinery and equipment for the building of fish ponds or other farm contract work."
On the adoption of the amendment, the ayes were 28, nays 0, and the amendment 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 29, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
Senator Marshburn of the 33rd asked unanimous consent that he be recorded as voting aye to SB 165.
The consent was granted.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 755. By Messrs. Carswell and Tucker of Burke, Cheatham and Brennan of Chatham, Orr of Wilkes, Strickland of Evans and Mackay of DeKalb:
A bill to provide that any person purchasing a used school bus shall repaint the same; to provide that any person now owning a used school bus repaint the same; and for other purposes.
Senator Mobley of the 17th moved that the Senate insist on its position in passing HB 755 by substitute and that a Committee of Conference be appointed.
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457
The president has appointed as a Committee of Conference on the part of the Senate:
Senators Lanier of the 17th, Mercer of the 49th and Jernigan of the 5th.
HB 626. By Messrs. Thornton, McKenna and Phillips of Bibb:
A bill to amend an act to authorize and provide effect of docketing, indexing, etc., copies of petitions under the Bankruptcy 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 700. By Messrs. Blalock of Clayton and Ray of Warren:
A bill to amend code section 68-208 and 68-212 relating to payment of motor vehicle 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 617. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to amend an act known as the "State-wide Probation Act"; to provide said act shall not apply to prosecution for abandonment or bastardy; and for other purposes.
Senator Pannell of the 43rd offered the following substitute:
A BILL
To be entitled an act to amend an act known as the "Statewide Probation Act," approved February 8, 1956 (Georgia Laws 1956, p. 27), so as to change the provisions contained in such act relating to suspended sentences imposed in abandonment and bastardy cases and the revocation thereof; to clarify the provision of said Act relative to the collection of funds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An act entitled the "Statewide Probation Act," approved February 8, 1956 (Georgia Laws 1956, p. 27), is hereby amended by striking the period at the end of the sentence in Section 8, reading: "The period of probation shall not exceed maximum sentence of confinement which could be imposed upon such defendant," and adding to said sentence and to the context of said section the following language: "except that in a prosecution for and conviction of the offense of abandonment,
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JOURNAL OF THE SENATE,
the trial court may suspend the service of the sentence imposed in the case upon such terms and conditions as it may prescribe for the support by the defendant of the child or children abandoned, respectively, during the minority of such child or children, respectively, and service of such sentence when so suspended shall not begin unless and until ordered by the court having jurisdiction thereof, after a hearing as in cases of revocation of probated sentences, because of the failure or refusal of the defendant to comply with the terms and conditions npon which service of such sentences was suspended; and in a prosecution for and conviction of the offense of bastardy, service of the sentence imposed may likewise be suspended upon such terms and conditions as may be prescribed by the court for the support by the defendant of the child or children, respectively, upon which such conviction and sentence was based, until said child or children, respectively, reach the age of fourteen years. Service of any sentence so suspended in abandonment cases may be ordered by the Court having jurisdiction thereof at any time before such child or children, respectively, reach the age of twenty-one years, and in bastardy cases at any time before such child or children, respectively, reach the age of fourteen years, after a hearing as hereinbefore provided and a finding by such court that the defendant has failed or refused to comply with the terms and conditions upon which service of such sentence was suspended by the court having jurisdiction thereof."
Section 2. Said act is further amended by inserting at the end of Section 13 thereof, the words "Provided that nothing in this section shall apply to abandonment or bastardy cases.", so that said section as amended hereby shall read as follows:
"Section 13. In all criminal cases in which the defendant shall be found guilty, or in which a plea of guilty or plea of nolo contendere shall be entered, and the trial judge after imposing sentence shall further provide that the execution of such sentence shall be suspended, such provision shall have the effect of placing such defendant on probation as provided in this act. Provided that nothing in this section shall apply to abandonment or bastardy cases."
Section 3. Said act is further amended by striking therefrom Section 14 in its entirety and inserting in lieu thereof a new section to read as follows:
"Section 14. No probation officer shall be directed to collect any funds except funds directed to be paid as the result of a criminal proceeding and funds in cases arising under the Uniform Reciprocal Enforcement of Support 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 32, nays 0.
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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
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459
HB 751. By Messrs. Cheatham, Brennan and McGee of Chatham and Fowler of Douglas:
A bill relating to gifts of securities to minors, to provide that security shall include shares, share accounts and savings accounts; and for other purposes.
The report 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 714. By Messrs. Twitty of Mitchell and McClelland of Fulton:
A bill to amend an act relating to taxation by municipal corporations to support individual school systems, to define such taxes, and determine termination; and for other purposes.
The report 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.
HR 409. By Mr. Parker of Appling:
A resolution authorizing the conveyance of property to Appling 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 657. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend an act known as the "General Appropriations Act" to clarify and make effective provisions pertaining to Capital Outlay for payments for schools; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill, involving an appropriation, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Senators:
Adams Breedlove
Brooks Brown
Buff Cannon
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JOURNAL OP THE SENATE,
Carlisle Clary Culpepper Doster Gearreld Greer Holt Home Jernigan Lanier
Livingston Marshall Marshburn Mercer Mobley McGill Nixon ' Pannell Perry Purcell
Ramsey Redwine Roach Sanders Skelton Slade Watson Woodall
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional two-thirds majority, was passed.
HB 774. By Messrs. Lowrey of Floyd, Kelly of Jasper and others:
A bill to amend an act to provide that in addition to any authority granted the Commissioner of Agriculture, he may suspend or cancel 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 694. By Messrs. Smith of Emanuel, Matthews and Cox of Clarke:
A bill to amend the Teachers' Retirement System Act to include employees of the University System employed less than half time; and for other purposes.
The report 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 718. By Mr. Gowen of Glynn: A bill to provide a year's support allowance out of the proceeds of property under option; and for other purposes.
Senator Culpepper of the 7th offered the following amendment: Amend HB 718 by adding the words "sales contracts" immediately after word "option," wherever it appears in section 1.
THURSDAY, FEBRUARY 11, 1960
461
On the adoption of the amendment, the ayes were 28, 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 912. By Mr. Barber of Jackson:
A bill to authorize the Board of Regents of University System of Georgia to procure liability insurance for the operation of nuclear facilities at any school under control of the Board; and for other purposes.
Senator Pannell of the 43rd offered the following amendment:
Add after the first sentence after section 1, the following: "Said liability insurance shall cover all teachers, instructors, employees, and any other person,, firm or corporation performing services incident to said nuclear facility above mentioned."
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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 661. By Messrs. Scoggins and Lowry of Floyd, McGibony of Greene and others:
A bill to amend an act known as the "Liquid Petroleum Safety Act of Georgia" to provide for minimum storage facilities for licensees 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 171. By Senators Dykes of the 2nd, Doster of the 48th, Home of the 13th and others:
A bill to make it unlawful for a railroad to operate certain type trains with less than a specified number of crewmen; and for other purposes.
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JOURNAL OF THE SENATE,
Senator Culpepper of the 7th asked unanimous consent that SB 171 be recommitted to the Committee on Public Utilities and Transportation.
The consent was granted.
HR 349. By Messrs. Musgrove of Clinch and Caldwell of Upson:
A resolution to authorize the payment of outstanding expenses incurred by wildlife rangers in the performance of their duties; 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 30, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 119. By Mr. Hill of Tattnall:
A resolution directing the State Board of Corrections to compensate Mr. Alexander J. Horak for damages to his car by negligence of a prisoner at the Georgia State Prison.
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 Buff Cannon Carlisle
Clary Culpepper Doster Edenfield
Gearreld Greer Hays Holt Home Jernigan Lanier Livingston Pvtarshburn Mercer Mobley McGill
Pannell Perry Purcell Ramsey Redwine Roach Sanders Skelton Slade Watson Woodall Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
THURSDAY, FEBRUARY 11, 1960
463
HR 144. By Mr. Smith of Fulton: A resolution to compensate Berkeley Pump Company of Atlanta, Georgia, for damages to its automobile; 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 Buff
Cannon Carlisle Clary Culpepper Doster Edenfield
Gearreld Greer Hays Holt Home Jernigan Lanier Livingston Marshburn Mercer Mobley McGill
Pannell Perry Purcell Ramsey Redwine Roach Sanders Skelton Slade Watson Woodall Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 348. By Mr. McGibony of Greene: A resolution to compensate Mr. Lee Roy Nation; 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 Buff
Cannon Carlisle
Clary
Culpepper Doster Edenfield Gearreld Greer Hays Holt Home Jernigan
Lanier Livingston
Marshburn Mercer Mobley McGill
Pannell Perry Purcell
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JOURNAL OF THE SENATE,
Ramsey Redwine Roach
Sanders Skelton Slade
Watson Woodall Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 354. By Mr. Andrews of Hall: A resolution to compensate Mr. Hoyt Anderson; 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 Buff Cannon Carlisle Clary Culpepper Doster Edenfield
Gearreld Greer Hays Holt Home Jernigan Lanier Livingston Marshburn Mercer Mobley McGill
Pannell Perry Purcell Ramsey Redwine Roach Sanders Skelton Slade Watson Woodall Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 371. By Messrs. Birdsong and Lam of Troup: A resolution to compensate Mr. J. C. Cooley; 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:
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465
Those voting in the affirmative were Senators:
Adams
Barrett of 32nd Breedlove Brooks Brown Buff Cannon Carlisle Clary Culpepper Doster Edenfield
Gearreld
Greer Hays Holt Home Jernigan Lanier Livingston Marshburn Mercer Mobley McGill
Pannell
Perry Purcell Ramsey Redwine Roach Sanders Skelton Slade Watson Woodall Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 36, 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 adopted the report of the Committee of Conference on the following bill of the House to wit:
HB 650. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to be entitled an act to establish a Prison Industries Administration to conduct a prison industries program; and for other purposes.
Senator Ramsey of the 1st, 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 of Representatives:
SB 157.
SB 200.
SB 209.
SB 217.
SR 104.
SR 107.
SR 109.
SB 218.
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JOURNAL OF THE SENATE,
SB 201. SB 165. SB 219. SB 221. SB 223.
Respectfully submitted,
Ramsey of 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 Governor:
SB 44.
Respectfully submitted,
Ramsey of 1st District, Chairman.
HB 775. By Messrs. Gowen and Killian of Glynn:
A bill to amend an act regulating credit unions, to provide schedule of fees payable annually by credit unions to the Superintendent of Banks; and for other purposes.
The report 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 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.
FRIDAY, FEBRUARY 12, 1960
467
Senate Chamber, Atlanta, Georgia, Friday, February 12, 1960.
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. Candler Burnette, Baptist pastor, Barnesville, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Greer of the 6th moved that the Senate reconsider its action of yesterday on the following bill of the Senate:
SB 196. By Senator Greer of the 6th: A bill changing the provisions as to the markings of motor vehicles used by the Department of Public Safety; and for other purposes.
On the motion, the ayes were 28, nays 0, and the motion prevailed.
Senator Cannon of the 40th 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 Culpepper of the 7th 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 adopted by the requisite constitutional majority the following resolution of the Senate to wit:
SR 117. By Senators Skelton of the 30th and Purcell of the 31st:
A resolution endorsing the development of the natural resources of the State of Georgia; and for other purposes.
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JOURNAL OF THE SENATE,
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate to wit:
HB 658. By Messrs. Twitty of Mitchell, Smith of Emanuel, and others:
A bill to amend an act creating the positions of Judges Emeritus of State Court of Appeals, eligibility for such office; and for other purposes.
HB 758. By Mr. Bynum of Rabun:
A bill to provide that counties of 7,370 nor more than 7,470, 1950 Federal census; relating to violation of traffic laws of the State of Georgia in said counties; and for other purposes.
HB 768. By Mr. Bynum of Rabun:
A bill to provide that counties of 7,370 nor more than 7,470, money placed in the fine and forfeiture fund through courts of Ordinaries in traffic cases, be set aside and used to pay claims of officers for services in regard thereto; and for other purposes.
HB 900. By Messrs. Bolton and Melton of Spalding and Killian of Glynn:
A bill requiring certain persons to take a loyalty oath, to exempt pages employed by the General Assembly; and for other purposes.
HB 923. By Mr. Dilworth of Franklin:
A bill to amend an act creating the office of Commissioner of Roads and Revenues and the Advisory Board of Franklin County; and for other purposes.
HB 970. By Mr. Gowen of Glynn:
A bill to amend an act carrying into effect the provision of the Constitution with reference to creating bonded indebtedness; and for other purposes.
HB 971. By Mr. Gowen of Glynn:
A bill to amend Code section 87-302 pertaining to filing of petition to validate bonds; and for other purposes.
HB 998. By Messrs. Killian and Gowen of Glynn:
A bill to place the compensation of the Sheriff of Glynn County on salary basis in lieu of fee basis; and for other purposes.
HB 1020. By Mr. Strickland of Evans:
A bill to amend an act incorporating the City of Claxton approved July 28, 1911 as amended so as to change the corporate limits of the City of
FRIDAY, FEBRUARY 12, 1960
469
Claxton; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1021. By Messrs. Busbee and Odom of Dougherty:
A bill to amend an act creating a new Charter for the City of Albany, to change the Board of Tax Assessors to five members; and for other purposes.
HB 1022. By Messrs. Busbee and Odom of Dougherty:
A bill to amend an act creating a new charter for the City of Albany, to provide four members of the Board of Water, Gas, and Light Commissioners; and for other purposes.
HB 1024. By Mr. Hale of Dade:
A bill to amend an act incorporating the City of Trenton, to change corporate limits; and for other purposes.
HB 1026. By Mr. Carr of Dooley:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Dooly; and for other purposes.
HB 1027. By Messrs. McGee, Brennan and Cheatham of Chatham:
A bill to amend an act granting corporate authority to the Town of Tybee; and for other purposes.
HB 1028. By Mr. Lancaster of Jones:
A bill to amend an act incorporating the Town of Gray; and for other purposes.
HB 1033. By Mr. Paris of Barrow:
A bill to amend an act providing a new charter for the City of Winder, to increase corporate limits; and for other purposes.
HB 1034. By Mr. McCracken of Jefferson:
A bill to amend an act entitled "An act to incorporate the Town of Avera in the County of Jefferson and State of Georgia, to define the limit of same, provide for officers to govern it, prescribe their duties; and for other purposes.
HB 1039. By Mr. Steis of Harris:
A bill to provide that the Ordinary of Harris County be placed on salary in lieu of fee basis; and for other purposes.
HB 1040. By Messrs. Bostick and Branch of Tift:
A bill to amend an act providing a new charter for the City of Tit'ton, relating to public library; and for other purposes.
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JOURNAL OF THE SENATE,
HB 1041. By Mr. Phillips of Walton:
A bill to authorize the Mayor and Council of the City of Loganville to close Cherry Street; and for other purposes.
HB 1042. By Mr. Phillips of Walton:
A bill to amend an act to incorporate the Town of Loganville in the counties of Walton and Gwinnett; and for other purposes.
HB 1043. By Messrs. Winkle and Smith of Whitfield:
A bill to amend an act relating to the Charter of the City of Dalton and land lots in the 12th District, and 3rd Section of Whitfield County; and for other purposes.
HB 1044. By Mr. Ross of Lincoln:
A bill to amend an act providing compensation for the Treasurer of Lincoln County; and for other purposes.
HB 1046. By Mr. Tamplin of Morgan:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues in Morgan County; and for other purposes.
HB 1048. By Mr. Murphy of Haralson:
A bill to amend an act incorporating the City of Tallapoosa; and for other purposes.
HB 1049. By Mr. Murphy of Haralson:
A bill to amend an act relating to the Town of Bremen, to repeal charter; and for other purposes.
HB 1051. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill to amend an act relating to the compensation of the Tax Commissioner of Chatham County; and for other purposes.
HB 1052. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to authorize the Mayor and Aldermen of the City of Savannah to convey to St. John's Church, certain property; and for other purposes.
HB 1056. By Messrs. Hall, Scoggin and Lowry of Floyd:
A bill to amend an act to authorize the Clerk of Superior Court to employ one typist and change salary of two jailers; and for other purposes.
HB 1057. By Messrs. Hall, Scoggin and Lowry of Floyd:
A bill to authorize the Commissioner of Roads and Revenues of Floyd County to provide group insurance, for all regular employees; and for ether purposes.
FRIDAY, FEBRUARY 12, 1960
471
HB 1058. By Messrs. Hall, Scoggin and Lowrey of Floyd:
A bill to amend an act to create a new charter for the City of Cave Spring, to change maximum limit of tax upon real estate; and for other purposes.
HB 1061. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A bill to amend an act creating a new charter for the City of Rome, to enlarge the corporate limits; and for other purposes.
HB 1062. By Mr. Strickland of Evans:
A bill to amend an act establishing the City Court of Claxton, to place the Solicitor of said court on annual salary; and for other purposes.
HB 1063. By Mr. Strickland of Evans:
A bill to fix the compensation of the Clerk of Superior Court of Evans County; and for other purposes.
HB 1066. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act to create a system of pensions and retirement pay for officers and employees of DeKalb County; and for other purposes.
HB 1067. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act creating the Civil Court of DeKalb County; and for other purposes.
HB 1068. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A bill to amend an act creating a new charter for the Town of Decatur, now City of Decatur, for levy and collection of taxes; and for other purposes.
HB 1069. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A bill to amend an act creating a new charter for the City of Decatur, relating to attendance fees for the Commissioners and Mayor; and for other purposes.
HB 1071. By Messrs. Killian and Gowen of Glynn:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Glynn County; and for other purposes.
HR 210. By Messrs. Bolton and Melton of Spalding:
A resolution to relieve E. T. Hatchett as security; and for other purposes.
HB 637. By Mr. Brennan of Chatham:
A bill to amend Code chapter 84-10 relating to the licensing of nurses; to increase the Board; and for other purposes.
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JOURNAL OP THE SENATE,
HB 747. By Messrs. Musgrove of Clinch, Caldwell of Upson and Hall of Ployd:
A bill to amend an act making appropriations for the operation of State Government, to provide for scholarships for teachers; and for other purposes.
HB 798. By Messrs. Budd and Walker of Lowndes:
A bill to amend an act known as the "Used Car Dealers' Registration Act," to provide for expiration of licenses; and for other purposes.
HB 857. By Messrs. Gowen of Glynn, Blalock of Clayton, Ray of Warren, and others:
A bill to amend the act entitled "The Georgia Retailers' and Consumers' Sales and Use Tax Act" to remove ambiguities with respect to upon whom the tax is levied; and for other purposes.
HB 869. By Mr. Gowen of Glynn:
A bill to amend an act establishing a State Employees Retirement System, as to change the provisions relating to former employees; and for other purposes.
HR 411. By Mr. Hill of Tattnall:
A resolution authorizing the sale of telephone lines connected with the State prison in Tattnall County; and for other purposes.
HR 416. By Messrs. Dorminy of Ben Hill, Milhollin of Coffee and many others:
A resolution proposing an amendment to the Constitution so as to authorize counties to purchase liability insurance; and for other purposes.
HB 944. By Mr. Musgrove of Clinch:
A bill to repeal an act creating the Georgia Industrial Development Administration; create in lieu thereof a Georgia Real Estate Investment Board; to provide for its members, appointment, compensation, powers, duties, and authority of said Board; and for other purposes.
HB 983. By Mr. Gowen of Glynn:
A bill to amend an act authorizing the governing authorities of municipalities and counties to establish Planning Commission, to change the membership thereof; and for other purposes.
HB 1019. By Messrs. Busbee and Odom of Dougherty County:
A bill to prohibit the imposition of any export tax upon any item manufactured or produced in the State of Georgia and shipped by the manufacturer or producer for sale outside the State of Georgia.
HB 1037. By Mr. Steis of Harris:
A bill to change the compensation of the Sheriff of Harris County from fee to salary system; and for other purposes.
FRIDAY, FEBRUARY 12, 1960
473
HB 868. By Messrs. Braswell of Wheeler, Bagby of Paulding and others:
A bill to amend an act known as the "Georgia Post Mortem Examination Act," and to provide for the filing of death certificates by medical examiners investigating deaths; and for other purposes.
HB 1035. By Messrs. Andrews and Williams of Hall:
A bill to amend the charter of the City of Gainesville to increase the corporate limits; and for other purposes.
The House has adopted the following resolutions of the House, to-wit:
HR 483. By Messrs. Branch and Bostick of Tift:
A resolution to acknowledge the assistance of the Georgia Press Association to the general welfare of the people of the State of Georgia and to the General Assembly of Georgia.
HR 484. By Mr. Winkle of Whitfield:
A resolution relating to certain needed improvements to the House Chambers; and for other purposes.
HR 485. By Mr. Musgrove of Clinch:
A resolution extending an invitation to the Woodmen of the World; and for other purposes.
HB 233. By Messrs. Bagby of Paulding, Murphy of Haralson, and others:
A bill creating the office of Judge of the Superior Courts Emeritus, to change the service qualifications for appointment to office of Judge of the Superior Courts Emeritus; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolutions of the Senate to wit:
SR 96. By Senator Clary of the 29th:
A resolution authorizing the State Librarian to furnish certain law books to McDuffie County; and for other purposes.
The House has passed as amended the following bill of the Senate, to-wit:
SB 185. By Senator Dykes of the 2nd:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Liberty; and for other purposes.
The House has adopted by substitute the following resolution of the Senate, to-wit:
SR 94. By Senator Marshall of the 28th and others: A resolution authorizing and directing the Board of Regents of the Uni-
474
JOURNAL OP THE SENATE,
versity of Georgia to transfer certain lands in Putnam County; and for other purposes.
The House insists on its position to the following bill of the House and appoints a Committee of Conference.
HB 755. By Messrs. Carswell and Tucker of Burke, and others: A bill to provide that any person purchasing a used school bus shall repaint the same; and for other purposes.
The Speaker has appointed as a Committee of Conference on the part of the House, the following members:
Messrs. Carswell of Burke, Ray of Warren and Branch of Tift.
The following bill and resolutions were introduced, read the first time and referred to committees:
SB 234. By Senator Lanier of the 20th: A bill to change the corporate limits of the City of Sandersville; and for other purposes.
Referred to Committee on County and Municipal Governments.
SR 123. By Senator Perry of the 24th:
A resolution to authorize Marion County to issue certain revenue anticipation obligations known as revenue bonds for the purpose therein stated.
Referred to Committee on Rules.
SR 124. By Senator Brooks of the 23rd:
A resolution to authorize Taylor County to issue certain revenue anticipation obligations known as revenue bonds for the purpose therein stated.
Referred to Committee on Rules.
SR 125. By Senator Doster of the 48th:
A resolution to authorize Wilcox County to issue certain revenue anticipation obligations known as revenue bonds for the purpose therein stated.
Referred to Committee on Rules.
SR 126. By Senator Home of the 13th:
A resolution to authorize Macon County to issue certain revenue anticipation obligations known as revenue bonds for the purpose therein stated.
Referred to Committee on Rules.
HB 233. By Messrs. Bagby of Paulding, Murphy of Haralson, Ballard of Newton, Scoggin of Floyd, Lott of Berrien, Bolton of Spalding and Paris of Barrow:
FRIDAY, FEBRUARY 12, 1960
475
A bill creating the office of judge of the superior court emeritus, to change the service qualifications for appointment to office of judge of the superior court emeritus; and for other purposes.
Referred to Committee on Judiciary.
HB 637. By Mr. Brennan of Chatham:
A bill to amend code chapter 84-10 relating to the licensing of nurses; to increase the Board; and for other purposes.
Referred to Committee on Health and Welfare.
HB 658. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend an act creating the positions of judges emeritus of State Court of Appeals, eligibility for such office; and for other purposes.
Referred to Committee on Judiciary.
HB 747. By Messrs. Musgrove of Clinch, Caldwell of Upson and Hall of Floyd:
A bill to amend an act making appropriations for the operation of State Government, to provide for scholarships for teachers; and for other purposes.
Referred to Committee on Educational Matters.
HB 768. By Mr. Bynum of Rabun:
A bill to provide that counties of 7,370 nor more than 7,470, money placed in the fine and forfeiture fund through courts of ordinaries in traffic cases be set aside and used to pay claims of officers for services in regard thereto; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 798. By Messrs. Budd and Walker of Lowndes:
A bill to amend an act known as the "Used Car Dealers' Registration Act," to provide for expiration of licenses; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 758. By Mr. Bynum of Rabun:
A bill to provide that counties of 7,370 nor more than 7,470, 1950 Federal census; relating to violation of traffic laws of the State of Georgia in said counties; and for other purposes.
Referred to Committee on Rules.
HB 857. By Messrs. Gowen of Glynn, Blalock of Clayton, Ray of Warren and others:
A bill to amend the act entitled "The Georgia Retailers' and Consumers' Sales and Use Tax Act" to remove ambiguities with respect to upon whom the tax is levied; and for other purposes.
Referred to Committee on Rules.
476
JOURNAL OF THE SENATE,
HB 868. By Messrs. Braswell of Wheeler, Bagby of Paulding and others:
A bill to amend an act known as the "Georgia Post Mortem Examination Act," and to provide for the filing of death certificates by medical examiners investigating deaths; and for other purposes.
Referred to Committee on Health and Welfare.
HB 869. By Mr. Gowen of Glynn:
A bill to amend an act establishing a State Employees Retirement System, as to change the provisions relating to former employees; and for other purposes.
Referred to Committee on Government Operations.
HB 900. By Messrs. Bolton and Melton of Spalding and Killian of Glynn:
A bill to require certain persons to take a loyalty oath, to exempt pages employed by the General Assembly; and for other purposes.
Referred to Committee on Rules.
HB 923. By Mr. Dilworth of Franklin:
A bill to amend an act creating the office of Commissioner of Roads and Revenue and the Advisory Board of Franklin County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 944. By Mr. Musgrove of Clinch:
A bill to repeal an act creating the Georgia Industrial Development Administration; create in lieu thereof a Georgia Real Estate Investment Board; to provide for its members, appointment, compensation, powers, duties and authority of said Board; and for other purposes.
Referred to Committee on Industry and Labor.
HB 970. By Mr. Gowen of Glynn:
A bill to amend an act carrying into effect the provision of the Constitution with reference to creating bonded indebtedness; and for other purposes.
Referred to Committee on Rules.
HB 971. By Mr. Gowen of Glynn:
A bill to amend code section 87-302 pertaining to filing of petition to validate bonds; and for other purposes.
Referred to Committee on Rules.
HB 983. By Mr. Gowen of Glynn:
A bill to amend an act authorizing the governing authorities of municipalities and counties to establish Planning Commission, to change the membership thereof; and for other purposes.
Referred to Committee on Government Operations.
FRIDAY, FEBRUARY 12, 1960
477
HB 998. By Messrs. Killian and Gowen of Glynn:
A bill to place the compensation of the sheriff of Glynn County on salary basis in lieu of fee basis; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1019. By Messrs. Busbee and Odom of Dougherty:
A bill to prohibit the imposition of any export tax upon any item manufactured or produced in the State of Georgia and shipped by the manufacturer or producer for sale outside the State of Georgia.
Referred to Committee on Industry and Labor.
HB 1020. By Mr. Strickland of Evans:
A bill to amend an act incorporating the City of Claxton so as to change the city limits of the City of Claxton; to provide for a referendum; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1021. By Messrs. Busbee and Odom of Dougherty:
A bill to amend an act creating a new charter for the City of Albany, to change the Board of Tax Assessors to five members; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1022. By Messrs. Busbee and Odom of Dougherty:
A bill to amend an act creating a new charter for the City of Albany, to provide four members of the Board of Water, Gas and Light Commissioners; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1024. By Mr. Hale of Dade:
A bill to amend an act incorporating the City of Trenton to change corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1026. By Mr. Carr of Dooly:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Dooly; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1027. By Messrs. McGee, Brennan and Cheatham of Chatham:
A bill to amend an act granting corporate authority to the Town of Tybee; and for other purposes.
Referred to Committee on County and Municipal Governments.
478
JOURNAL OP THE SENATE,
HB 1028. By Mr. Lancaster of Jones: A bill to amend an act incorporating the Town of Gray; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1033. By Mr. Paris of Barrow: A bill to amend an act providing a new charter for the City of Winder, to increase corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1034. By Mr. McCracken of Jefferson: A bill to amend an act entitled "An act to incorporate the Town of Avera in the County of Jefferson and State of Georgia, to define the limit oi same, provide for officers to govern it, prescribe their duties; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1035. By Messrs. Andrews and Williams of Hall: A bill to amend the charter of the City of Gainesville to increase the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1037. By Mr. Steis of Harris: A bill to change the compensation of the Sheriff of Harris County from fee to salary system; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1039. By Mr. Steis of Harris: A bill to provide that the ordinary of Harris County be placed on salary in lieu of fee basis; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1040. By Messrs. Bostick and Branch of Tift: A bill to amend an act providing a new charter for the City of Tifton, relating to public library; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1041. By Mr. Phillips of Walton: A bill to authorize the mayor and council of the City of Loganville to close Cherry Street; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1042. By Mr. Phillips of Walton: A bill to amend an act to incorporate the Town of Loganville in the counties of Walton and Gwinnett; and for other purposes.
Referred to Committee on County and Municipal Governments.
FRIDAY, FEBRUARY 12, 1960
479
HB 1043. By Messrs. Winkle and Smith of Whitfield:
A bill to amend an act relating to the charter of the City of Dalton and land lots in the 12th District, and 3rd section of Whitfield County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1044. By Mr. Ross of Lincoln:
A bill to amend an act providing compensation for the Treasurer of Lincoln County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1046. By Mr. Tamplin of Morgan:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues in Morgan County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1048. By Mr. Murphy of Haralson:
A bill to amend an act incorporating the City of Tallapoosa; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1049. By Mr. Murphy of Haralson:
A bill to be entitled an act to amend an act relating to the Town of Bremen, to repeal charter; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1052. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to be entitled an act to authorize the Mayor and Aldermen of the City of Savannah to convey to St. John's Church, certain property; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1056. By Messrs. Hall, Scoggin and Lowrey of Floyd:
A bill to be entitled an act to amend an act to authorize the Clerk of Superior Court to employ one typist and change salary of two jailers; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1057. By Messrs. Hall, Scoggin and Lowrey of Floyd:
A bill to be entitled an act to authorize the Commissioner of Roads and Revenues of Floyd County to provide group insurance, for all regular employees; and for other purposes.
Referred to Committee on County and Municipal Governments.
480
JOURNAL OF THE SENATE,
HB 1058. By Messrs. Hall, Scoggin and Lowrey of Floyd:
A bill to be entitled an act to amend an act to create a new charter for the City of Cave Spring, to change maximum limit of tax upon real estate; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1061. 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, to enlarge the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1062. By Mr. Strickland of Evans:
A bill to be entitled an act to amend an act establishing the City Court of Claxton, to place the Solicitor of said court on annual salary; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1063. By Mr. Strickland of Evans:
A bill to be entitled an act to fix the compensation of the Clerk of Superior Court of Evans County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1066. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to be entitled an act to amend an act to create a system of pensions and retirement pay for officers and employees of DeKalb County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1067. 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; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1068. By Messrs. McWhorter, Rutland and Mackay 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, for levy and collection of taxes; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1069. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A bill to be entitled an act to amend an act creating a new charter for the City of Decatur, relating to attendance fees for the Commissioners and Mayor; and for other purposes.
Referred to Committee on County and Municipal Governments.
FRIDAY, FEBRUARY 12, 1960
481
HB 1071. By Messrs. Killian and Gowen of Glynn:
A bill to be entitled an act to amend an act creating a Board of Commissioners of Roads and Revenues of Glynn County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1051. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill to be entitled an act to amend an act relating to the compensation of the Tax Commissioner of Chatham County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 210. By Messrs. Bolton and Melton of Spalding:
A resolution to relieve E. T. Hatchett as security; and for other purposes.
Referred to Committee on Rules.
HR 411. By Mr. Hill of Tattnall:
A resolution authorizing the sale of telephone lines connected with the State prison in Tattnall County; and for other purposes.
Referred to committee on Government Operations.
HR 416. By Messrs. Dorminy of Ben Hill; Milhollin of Coffee and many others:
A resolution proposing an amendment to the Constitution so as to authorize counties to purchase liability insurance; and for other purposes.
Referred to Committee on Rules.
The following resolutions were read the second time:
SR 114. By Senator Buff of the 44th:
A resolution to provide for a new Board of Tax Administrators for Catoosa County; to provide for the qualifications, terms, authority, duties, and compensation; and for other purposes.
SR 115. By Senators McGill of the 50th; Clary of the 29th; and Marshburn of the 33rd:
A resolution relative to the inspection of livestock and livestock products; and for other purposes.
HB 743. By Mr. Andrews of Hall:
A bill to amend code section 84-1103, relating to appointment of members of Georgia State Board of Examiners; and for other purposes.
HB 854. By Messrs. Tamplin of Morgan, Parker of Screven and others:
A bjll to amend the act creating the Georgia Milk Commission, to authorize the Commission to assess and collect costs and penalties for revocation of licenses; and for other purposes.
482
JOURNAL OF THE SENATE,
HB 863. By Messrs. Blalock of Clayton and Ray of Warren:
A bill to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act, relating to collection of income taxes and State taxes generally; and for other purposes.
HB 920. By Mr. Keever of Bartow:
A bill to prohibit solicitation of votes by any means or methods on any election day within a specified distance of the voting place; and for other purposes.
HB 931. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to authorize cities of a certain population to become self insurers; and for other purposes.
HB 932. By Messrs. Smith of Emanuel, Twitty of Mitchell and Underwood of Montgomery:
A bill to provide appropriation to the Department of Labor out of fund credited to and held in this State's account in the unemployment trust fund; and for other purposes.
HB 936. By Messrs. Bag-by of Paulding, Twitty of Mitchell and others:
A bill to amend an act creating a Department of Public Safety, to change subsistence allowances; and for other purposes.
HB 946. By Mr. Ellis of Henry:
A bill to amend an act incorporating the City of McDonough, relating to streets and sidewalks; and for other purposes.
HB 951. By Dr. Miller of Elbert:
A bill incorporating the City of Elberton, to delete the requirement that the City Manager be a non-resident at the time of his appointment; and for other purposes.
HB 953. By Messrs. Bradley and Keever of Bartow:
A bill to change the compensation of the cononer of Bartow County from the fee to the salary system; and for other purposes.
HB 956. By Mr. Souter of Macon:
A bill to amend an act providing for the incorporation of the Town of Ideal, to change the corporate name; and for other purposes.
HB 957. By Messrs. Willingham, Reed and Holcombe of Cobb and Fowler of Douglas:
A bill incorporating the Town of Austell, to change the corporate limits; and for other purposes.
FRIDAY, FEBRUARY 12, 1960
483
HB 958. By Messrs. Willingham, Reed and Holcombe of Cobb:
A bill to amend an act incorporating the City of Powder Springs, to increase the corporate limits; and for other purposes.
HB 959. By Messrs. Willingham, Holcombe and Reed of Cobb:
A bill to amend an act to create a new charter for the City of Smyrna; and for other purposes.
HB 960. By Messrs. Willingham, Reed and Holcombe of Cobb:
A bill to amend an act creating a new charter for the City of Kennesaw, to extend territorial limits; and for other purposes.
HB 961. By Messrs. Willingham, Reed and Holcombe of Cobb:
A bill to amend the "Cobb County Recreation Authority Act"; and for other purposes.
HB 962. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act incorporating the City of Riverdale, to define boundaries; and for other purposes.
HB 963. By Messrs. Bolton and Melton of Spalding:
A bill to amend an act creating a new charter for the City of Griffin, to change punitive powers of Board of Commissioners of Griffin and Criminal Court of Griffin; and for other purposes.
HB 964. By Messrs. Bolton and Melton of Spalding:
A bill to create a new charter for the City of Griffin, to provide offstreet parking facilities; and for other purposes.
HB 966. By Messrs. Bolton and Melton of Spalding:
A bill to amend the charter of the City of Griffin by enlarging the corporate limits; and for other purposes.
HB 967. By Mr. Bolton of Spalding:
A bill to amend an act consolidating the offices of tax receiver and tax collector of Spalding County; and for other purposes.
HB 968. By Mr. Bolton of Spalding:
A bill to abolish the present mode of compensation of the clerk of City Court of Griffin, and other city and county officials; and for other purposes.
HB 969. By Messrs. Irvin of Habersham, Gross of Stephens, Hedden of Towns, Bynum of Rabun and Jones of Union:
A bill to abolish the fee system in the superior courts of the Mountain Judicial Circuit to the office of official court reporter in felony cases; and for other purposes.
484
JOURNAL OF THE SENATE,
HB 972. By Messrs. Alien and Fordham of Bulloch:
A bill to repeal an act placing the clerks of the superior courts on a salary basis in lieu of a fee basis in certain counties; and for other purposes.
HB 973. By Messrs. Alien and Fordham of Bulloch:
A bill to fix the compensation of the clerk of the Superior Court of Bulloch County; and for other purposes.
HB 975. By Messrs. Andrews and Williams of Hall:
A bill to amend the charter of the City of Gainesville, by providing for two additional polling places for voting in municipal elections; and for other purposes.
HB 976. By Messrs. Cox and Matthews of Clarke:
A bill to amend the charter of the Town of Athens and the closing of certain streets; and for other purposes.
HB 977. By Messrs. Lee and Blalock of Clayton:
A bill incorporating the Town of Forest Park to establish veto powers for the mayor; and for other purposes.
HB 978. By Mr. Gross of Stephens:
A bill to amend an act incorporating the City of Toccoa, to add additional lots, tracts or parcels of land adjacent to the present city limits of the City of Toccoa; and for other purposes.
HB 980. By Mr. Braswell of Wheeler:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of Wheeler County; and for other purposes.
HB 981. By Mr. Jones of Wayne:
A bill to create a Board of Commissioners of Roads and Revenues in the County of Wayne, to provide for a business manager; and for other purposes.
HB 985. By Messrs. Walker and Budd of Lowndes:
A bill to amend the charter of the City of Valdosta, to provide method of financing water, sewer and drain installations; and for other purposes.
HB 986. By Messrs. Walker and Budd of Lowndes:
A bill to create the Valdosta-Lowndes County Industrial Authority; and for other purposes.
HB 987. By Messrs. Killian and Gowen of Glynn:
A bill to amend the charter of the City of Brunswick, relating to certain streets, and to the pension system of said city; and for other purposes.
FRIDAY, FEBRUARY 12, 1960
485
HB 989. By Messrs. Twitty of Mitchell, Phillips of Columbia and others:
A bill relating to the State Revenue Commissioner, creation of the office, term, salary, bond and oath; and for other purposes.
HB 991. By Mr. Rodgers of Charlton:
A bill to change the compensation of the sheriff and ordinary of Charlton County from fee to salary system; and for other purposes.
HB 997. By Messrs. Matthews and Cox of Clarke:
A bill to abolish the justice courts, the offices of justices of the peace, and offices of constables in Clarke County; and for other purposes.
HB 1002. By Mr. Busbee of Dougherty:
A bill to amend an act creating a new charter for the City of Albany; and for other purposes.
HB 1003. By Messrs. Busbee and Odom of Dougherty:
A bill to permit the Board of Commissioners of Roads and Revenues of Dougherty County to pass rules for development and improvement of real estate in said county; and for other purposes.
HB 1004. By Messrs. Coalson and McCown of Polk:
A bill to amend an act incorporating the Town of Rockmart, relating to taxes; and for other purposes.
HB 1013. By Mr. Murphy of Haralson:
A bill to amend an act incorporating the Town of Waco to grant franchises to utility corporations; and for other purposes.
HB 1014. By Messrs. Brennan, Cheatham and McGee of Chatham: A bill to amend the charter of Garden City; and for other purposes.
HB 1017. By Messrs. McKenna, Phillips and Thornton of Bibb:
A bill authorizing the City of Macon to convey to First National Bank and Trust Company title in the public alley in Square 40 of said city; and for other purposes.
HR 420. By Messrs. Murphy of Haralson, Ross of Lincoln, Smith of Emanuel, Twitty of Mitchell and others:
A resolution to create a joint interim committee of the House and Senate to investigate and hold hearings to define and strengthen the laws dealing with barratry; and for other purposes.
HR 453. By Mr. Melton of Spalding:
A resolution advising the U. S. Tariff Commission of the deep interest of the General Assembly of Georgia in the investigation of imports of cotton and textiles; and for other purposes.
486
JOURNAL OF THE SENATE,
HE 279. By Mr. Magoon of Hart: A resolution relative to State Rights; and for other purposes.
HR 433. By Messrs. Brooks of Oglethorpe and Fowler of Douglas:
A resolution creating a committee relative to the construction of an Archival Building; and for other purposes.
HR 441. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A resolution authorizing the Governor to provide funds for preliminary plans for a port at Columbus, Georgia; and for other purposes.
Mr. Carlisle of the 51st District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the following resolutions of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HR 287. Do Pass.
HR 174. Do Pass.
HR 175. Do Pass.
HR 152. Do Pass.
HR 151. Do Pass.
HR 177. Do Pass.
HR 176. Do Pass.
HR 183. Do Pass.
HR 209. Do Pass.
HR 234. Do Pass.
HR 278. Do Pass.
HR 283. Do Pass.
Respectfully submitted,
Carlisle of 51st District, Chairman.
Mr. 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 and resolutions of the House and Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
HR 368. Do Pass.
HR 377. Do Pass.
FRIDAY, FEBRUARY 12, 1960
487
HR 376. Do Pass. HR 367. Do Pass. HR 412. Do Pass. HR 391. Do Pass. HR 378. Do Pass. HR 418. Do Pass. HR 389. Do Pass. HR 408. Do Pass. SR 114. Do Pass. HB 532. Do Pass by Substitute.
Respectfully submitted, Vaughn of 34th District, Secretary.
Mr. Sanders of the 18th District, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following resolution of the House and as instructed me as Vice-Chairman, to report the same back to the Senate with the following recommendations:
HR 318. Do Pass.
Respectfully submitted,
Sanders of 18th District, Vice-Chairman.
Mr. 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 708. Do Pass.
Respectfully submitted,
Brooks of 23rd District, Chairman.
Mr. 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
488
JOURNAL OF THE SENATE,
consideration 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 879. Do Pass.
HB 880. Do Pass.
HB 881. Do Pass.
HB 882. Do Pass.
HB 883. Do Pass.
HB 990. Do Pass.
HB 915. Do Pass.
HB 919. Do Pass.
HB 922. Do Pass.
HE 320. Do Pass.
SB 230. Do Pass.
Respectfully submitted,
Brown of 52nd District, Chairman.
Mr. Vaughn of the 34th 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 884. Do Pass as Amended.
HB 885. Do Pass.
HB 886. Do Pass.
HB 642. Do Pass.
Respectfully submitted,
Vaughn of 34th District, Chairman.
Mr. 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 bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 853. Do Pass as Amended,
Respectfully submitted,
Greer of 6th District, Chairman.
FRIDAY, FEBRUARY 12, 1960
489
Mr. Greer of the 6th District, Secretary of the Committee on Government 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 936. Do Pass.
HB 989. Do Pass.
Respectfully submitted,
Greer of 6th District, Secretary.
The following resolutions were read and adopted:
SR 121. By Senator Brown of 52nd:
A resolution wishing a speedy recovery for Tyrus R. Cobb; and for other purposes.
SR 122. By Senators Doster of the 48th; Clary of the 29th; and Perry of the 24th:
A resolution authorizing the Agricultural and Natural Resources Committee to make interim inspections of the agricultural and natural resources institutions of the State.
The following uncontested local bills were read the third time i and put upon their passage:
SB 230. By Senator Brown of the 52nd:
A bill to amend an act creating a new charter for the City of Atlanta approved February 28, 1874 and the several acts amendatory thereof; 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 879. By Messrs. Lovett and Green of Laurens:
A bill to provide for office hours of the Board of Roads and Revenues, and other officials of Laurens 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.
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JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed.
HB 880. By Messrs. Lovett and Green of Laurens:
A bill to place the sheriff of Laurens County on a salary 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 881. By Messrs. Lovett and Green of Laurens:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Laurens; and for other purposes.
The report 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 882. By Messrs. Lovett and Green of Laurens:
A bill to amend an act to abolish the offices of tax collector and tax receiver, to change compensation of the Tax Commissioner of Laurens 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 883. By Messrs. Lovett and Green of Laurens:
A bill to amend an act relating to tax collectors and tax commissioners in certain counties, relating to collecting certain 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
FRIDAY, FEBRUARY 12, 1960
491
HB 915. By Mr. Ingle of Gordon: A bill to incorporate the City of Plainville; and for other purposes.
The report 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 919. By Mr. Keever of Bartow:
A bill to change certain militia district lines 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 922. By Mr. Jones of Wayne:
A bill to incorporate and create a new charter for the City of Jesup; and for other purposes.
The report 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 990. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to amend an act relating to and incorporating the mayor and aldermen of the City of Savannah, to extend 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Lindsey of the llth asked unanimous consent that the following bill of the House be recommitted to the Committee on Agriculture and Natural Resources:
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JOURNAL OF THE SENATE,
HB 63. By Messrs. Story and Morgan of Gwinnett:
A bill to amend an act relating to the sale of fireworks, so as to limit the sale of fireworks for agricultural purposes except upon permit; and for other purposes.
The consent was granted.
The following general bills, favorably reported by the committees, were read the third time and put upon their passage:
SB 233. By Senators Redwine of the 26th, Jernigan of the 5th and Cannon of the 40th:
A bill to amend an act providing a complete and comprehensive vital statistics law for Georgia, approved March 8, 1945 (Ga. Laws 1945, p. 236), so as to prescribe regulations relative to the removal or disposition of a dead body; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 790. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A bill imposing a tax upon the sale, use, or other disposition of cigars and cigarettes; and for other purposes.
The report 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.
Senator Sanders of the 18th asked unanimous consent that HB 790 be immediately transmitted to the House.
The consent was granted.
HB 349. By Messrs. Twitty and Palmer of Mitchell and Ray of Warren:
A bill to amend an act creating the Livestock Development Authority; to provide for industrial development and agricultural development within the State of Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
FRIDAY, FEBRUARY 12, 1960
493
The bill, having received the requisite constitutional majority, was passed.
HB 642. By Messrs. Phillips and Thornton of Bibb:
A bill to revise the adoption laws, to provide that consent for adoption given by parents shall be binding; and for other purposes.
The report 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 715. By Messrs. McKenna, Phillips and Thornton of Bibb and many others:
A bill providing for the registration of voters, relating to the Voter's Registration Act, to provide duties and authority of Board of Registrars 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 375. By Messrs. Blalock of Clayton and Ray of Warren:
A resolution to ratify, approve and confirm the executive order of the Governor, 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 29, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 423. By Messrs. Brennan and Cheatham of Chatham, Twitty of Mitchell and others:
A resolution authorizing the purchase of a new Seal of the State of Georgia; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 28, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
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JOURNAL OF THE SENATE,
HB 853. By Messrs. Rutland of DeKalb, Twitty of Mitchell and others:
A bill to amend an act relating to motor vehicle licenses so as to change basis on which trucks, tractors, and semi-trailers, for hire or private, are taxed annually; and for other purposes.
The Committee on Public Utilities and Transportation offered the following amendment:
Amend Section 2 at end of paragraph (j) by striking the following words: "Provided, however, that straight trucks hauling pulpwood shall not be classified higher than (e) or $25.00."; and inserting in lieu thereof the following: "Provided, however, that straight trucks hauling forest products, fertilizer, and agricultural products shall not be classified higher than (e) or $25.00, and provided further that truck tractors hauling forest products or fertilizer shall not be classified higher than (i) or $175.00; and provided further that a truck-tractor pulling a pole trailer hauling logs from the woods to the sawmill shall not be higher than (e) or $30.00.
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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 884. By Messrs. Payton of Coweta, McKenna of Bibb and Orr of Wilkes:
A bill to amend an act to regulate procedure in the courts of this State, to define "reasonable notice"; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend HB 884 by changing the period at the end of section 1 to a colon, by striking the quotation mark at the end of said section and by adding thereto the following:
"Provided that where the calendar is published in the official gazette of the county at least ten days before such hearing is to be held, the mailing of a copy of the calendar as hereinbefore required shall not be necessary."
On the adoption of the amendment, the ayes were 30, 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
FRIDAY, FEBRUARY 12, 1960
495
HB 885. By Messrs. Payton of Coweta, McKenna of Bibb and Orr of Wilkes:
A bill to amend code section 30-101, pertaining to how divorces are granted; by Judge or Jury 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 906. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend an act providing for a uniform method of fixing salaries, allowances and travel expenses of certain state officials; relating to members 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
HB 802. By Mr. Story of Gwinnett:
A bill to prohibit the use of the Flag or State Emblem of Georgia for advertising purposes; and for other purposes.
The House has agreed to the Senate substitutes to the following bills of the House, to-wit:
HB 611. By Mr. Gowen of Glynn: A bill to provide for the recording of options to purchase land and of assignments thereof; and for other purposes.
HB 814. By Mr. Dorminy of Ben Hill: A bill to amend an act relating to the Charter of the City of Fitzgerald; and for other purposes.
The House has adopted the Conference Committee Report to the following bill of the House, to-wit:
HB 115. By Messrs. Wilson of Bibb, Echols of Upson and others: A bill to codify the Insurance Laws of Georgia, so as to substitute new provisions; and for other purposes.
The House has agreed to the Senate amendment to the following bill of the House to-wit:
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JOURNAL OF THE SENATE,
HB 873. By Messrs. Coker and Campbell of Walker:
A bill to amend an act creating a charter for the City of Chickamauga; and for other purposes.
HR 151. By Messrs. McKenna of Bibb, Ingle of Gordon and others:
A resolution authorizing the State Department of Defense to pay workmen's compensation benefits to Walter R. Ellington.
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 Buff Cannon Carlisle Clary Culpepper Doster Drew
Edenfield Greer Hays Home Jernigan Lanier Lindsey of llth Livingston Marshall Marshburn Mercer Mobley
Nixon Pannell Perry Purcell Ramsey Redwine Roach Roper Skelton Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 34, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 152. By Mr. Saffold of Toombs:
A resolution to compensate Mr. Willie P. LaFavor; 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 Buff Cannon Carlisle
Clary Culpepper Doster Drew
FRIDAY, FEBRUARY 12, 1960
497
Edenfield Greer Hays Home Jernigan Lanier Lindsey of llth Livings ton
Marshall Marshburn Mercer Mobley Nixon Pannell Perry Purcell
Ramsey Redwine
Roach Roper Skelton Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 34, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 174. By Mr. Phillips of Walton:
A resolution to compensate Robert A. Higginbotham as individual and as executor of the estate of his father Henry Grady Higginbotham; 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 Buff Cannon Carlisle Clary Culpepper Doster Drew
Edenfield Greer Hays Home Jernigan Lanier Lindsey of llth Livingston Marshall Marshburn Mercer Mobley
Nixon Pannell Perry Purcell Ramsey Redwine Roach Roper Skelton Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 34, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 175. By Messrs. Keever and Bradley of Bartow: A resolution to compensate Mrs. Margaret Reilly; and for other purposes.
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JOURNAL OP 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 Buff Cannon Carlisle Clary Culpepper Doster Drew
Edenfield Greer Hays Home Jernigan Lanier Lindsey of llth Livingston Marshall Marshburn Mercer Mobley
Nixon Pannell Perry Purcell Ramsey Redwine Roach Roper Skelton Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 34, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 176. By Messrs. Keever and Bradley of Bartow: A resolution to compensate Janet Reilly; 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 Buff Cannon Carlisle Clary Culpepper Doster Drew
Edenfield Greer Hays Home Jernigan Lanier Lindsey of llth Livingston Marshall Marshburn Mercer Mobley
Nixon Pannell Perry Purcell Ramsey Redwine Roach Roper Skelton Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 34, nays 0.
FRIDAY, FEBRUARY 12, 1960
499
The resolution, having received the requisite constitutional majority, was adopted.
HR 177. By Messrs. Keever and Bradley of Bartow:
A resolution to compensate Bernard Joseph Reilly, for himself, his wife, Margaret and as next friend for Janet Reilly and Nellie Reilly; 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 Buff Cannon Carlisle Clary Culpepper Doster Drew
Edenfield Greer Hays Horne Jernigan Lanier Lindsey of llth Livings ton Marshall Marshburn Mercer Mobley
Nixon Pannell Perry Purcell Ramsey Redwine Roach Roper Skelton Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 34, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 183. By Mr. Cheatham of Chatham:
A resolution to compensate Mrs. Maggie C. Baxter for damages to an automobile in accident with a State Highway Department truck; 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 Buff
Cannon Carlisle Clary
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JOURNAL OF THE SENATE,
Culpepper Doster Drew Edenfield Greer Hays Home Jernigan Lanier
Lindsey of llth Livings ton Marshall Marshburn Mercer Mobley Nixon Pannell Perry
Purcell Ramsey Redwine Roach Roper Skelton Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 34, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 209. By Messrs. Story and Morgan of Gwinnett: A resolution to compensate Loyd Tatum; 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 Buff Cannon
Carlisle
Clary
Culpepper Doster Drew
Edenfield Greer Hays Home Jernigan Lanier Lindsey of llth Livingston Marshall Marshburn Mercer Mobley
Nixon Pannell Perry Purcell Ramsey Redwine Roach Roper Skelton Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 34, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 234. By Messrs. Griffin and Taylor of Decatur:
A resolution to compensate the American Sumatra Tobacco Company; and for other purposes.
FRIDAY, FEBRUARY 12, 1960
501
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 Buff
Cannon Carlisle Clary Culpepper Doster Drew
Edenfield Greer Hays Home Jernigan Lanier Lindsey of llth Livings ton Marshall Marshburn Mercer Mobley
Nixon Pannell Perry Purcell Ramsey Redwine Roach Roper Skelton Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 34, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 278. By Mr. Williams of Hall: A resolution to compensate Mr. John D. Wall; 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, arid the vote was as follows:
Those voting in the affirmative were Senators:
Adams Barrett of 32nd Breedlove Brooks Brown Buff Cannon Carlisle Clary Culpepper Doster Drew
Edenfield Greer Hays Home Jernigan Lanier Lindsey of llth Livingston Marshall Marshburn Mercer Mobley
Nixon Pannell Perry Purcell Ramsey Redwine Roach Roper Skelton Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 34, nays 0.
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JOURNAL OF THE SENATE,
The resolution, having received the requisite constitutional majority, was adopted.
HE 283. By Mr. Hood of White:
A resolution to compensate and reimburse Mr. Oscar W. Cook; 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 Buff Cannon Carlisle Clary Culpepper Doster Drew
Edenfield Greer Hays Home Jernigan Lanier Lindsey of llth Livings ton Marshall Marshburn Mercer Mobley
Nixon Pannell Perry Purcell Ramsey Redwine Roach Roper Skelton Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 34, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Ramsey of the 1st, 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 of Representatives:
SB 220.
SB 222.
SR 117.
SR 118.
SB 230.
FRIDAY, FEBRUARY 12, 1960
503
SB 233. SR 121.
Respectfully submitted,
Ramsey of the 1st District, Chairman.
HR 287. By Messrs. Lee and Blalock of Clayton:
A resolution to compensate Hugh J. Humphries; 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 theaffirmative were Senators:
Adams Barrett of 32nd Breedlove Brooks Brown Buff Cannon Carlisle Clary Culpepper Doster Drew
Edenfield Greer Hays Home Jernigan Lanier Lindsey of llth Livingston Marshall Marshburn Mercer Mobley
Nixon Pannell Perry Purcell
Ramsey Redwine Roach Roper Skelton Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 34, nays 0.
The resolution, having received the requisite constitutional majority, 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 Monday morning.
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JOURNAL OF THE SENATE,
Senate Chamber, Atlanta, Georgia, Monday, February 15, 1960.
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, Reynolds and Crowell Methodist Church, Reynolds, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Ramsey of the 1st moved that the Senate reconsider its action on the following bill of the House:
HB 990. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to amend an act relating to and incorporating the mayor and aldermen of the City of Savannah; so as to extend the corporate limits; and for other purposes.
On the motion to reconsider, the ayes were 28, nays 0, and the motion prevailed.
Senator Cannon of the 40th 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 Culpepper of the 7th 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.
HB 698. By Messrs. Ray of Warren and Blalock of Clayton: A bill to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act, to provide credit against any use tax due thereunder from hospitals; and for other purposes.
HB 818. By Messrs. Blalock of Clayton and Ray of Warren: A bill to amend the Georgia Retailer's and Consumers' Sales and Use Tax Act, to require registration thereunder of certain dealers; and for other purposes.
MONDAY, FEBRUARY 15, 1960
505
HB 820. By Messrs. Blalock of Clayton and Ray of Warren:
A bill authorizing the State Revenue Commissioner to waive collection of penalties and interest due in certain instances; and for other purposes.
HR 405. By Mr. Singer of Stewart:
A resolution proposing an amendment to the Constitution to authorize the construction of electrical system in Stewart County; and for other purposes.
HR 427. By Messrs. Morgan and Story of Gwinnett: A resolution compensating Walter Gamble; and for other purposes.
HB 1018. By Mr. McCracken of Jefferson:
A bill to provide for granting of a commission as Notary Public, to provide for qualification, manner of obtaining commission; and for other purposes.
HB 1117. By Mr. Underwood of Montgomery:
A bill to amend an act creating a new charter for the Town of Mt. Vernon, to change name to City of Mt. Vernon; and for other purposes.
HR 455. By Mr. Walker of Telfair:
A resolution proposing an amendment to voters of Telfair County to authorize the issuance of certain revenue bonds; and for other purposes.
HB 705. By Messrs. Blalock of Clayton, and Ray of Warren:
A bill relating to payment of taxes and other amounts to agents and employees of the Revenue Department; and for other purposes.
HB 954. By Messrs. Irvin of Habersham, Taylor of Dawson, Williams of Hall and others:
A bill to amend an act prohibiting the manufacture of license tags, to authorize the Department of Commerce to make and sell sample license tags; and for other purposes.
HB 984. By Mr. Steis of Harris:
A bill to amend the act creating the Franklin D. Roosevelt Warm Springs Memorial Commission; and for other purposes.
HB 1012. By Mr. Barber of Jackson:
A bill to amend an act entitled "Revenue-Certificate Law of 1937", bonds issued under the law shall be sold at no less than par; and for other purposes.
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JOURNAL OF THE SENATE,
HB 1114. By Mr. McGibony of Greene:
A bill to place the compensation of the Sheriff, Clerk of Superior Court, Ordinary and Coroner of Greene County on a salary basis in lieu of fee basis; and for other purposes.
HB 1118. By Mr. Underwood of Montgomery:
A bill to amend an act relating to the Town of Ailey; and for other purposes.
HB 1124. By Messrs. Willingham, Reed of Cobb:
A bill to amend an act incorporating the City of Marietta, to change, extend, redefine and describe the city limits; and for other purposes.
HR 410. By Mr. McKemie of Clay:
A resolution proposing an amendment to authorize Clay County to issue certain revenue anticipation obligations known as Revenue Bonds; and for other purposes.
SB 199. By Senator Lindsey of llth:
A bill to provide the method and procedure for the issuance and validation of revenue certificates or bonds by the Terrell County Development Authority, together with their interest rates and maturities; and for other purposes.
SB 211. By Senator Doster of the 48th:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues of Wilcox County, approved Mar. 24, 1939 (Ga, Laws 1939, p. 782), as amended, so as to change the compensation of the members of the Board of Commissioners of Roads and Revenue; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 212. By Senator Carlisle of the 51st:
A bill to increase the salary and expenses of the Mayor and Council of the City of Macon; and for other purposes.
The House has adopted the following resolutions of the House, to-wit:
HR 403. By Mr. McCown of Polk:
A resolution commending Waymond "Hank" O'Neal; and for other purposes.
HR 432. By Mr. Baughman of Early:
A resolution creating a committee to study the possibility of constructing an inland port in Hilton, Early County, Georgia; and for other purposes.
HR 488. By Mr. Alien of Bulloch: A resolution relating to the memorializing the Intrastate System of Defense Highways in Georgia; and for other purposes.
MONDAY, FEBRUARY 15, 1960
507
HR 499. By Messrs. Lanier of Candler; Floyd of Chattooga; and others: A resolution relative to a Coliseum at the University of Georgia; and for other purposes.
SR 97. By Senator Brown of the 52nd:
A resolution congratulating Honorable Wallace O. Duvall; 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 and Senate to wit:
HB 994. By Messrs. McClelland, Smith and Brooks of Fulton:
A bill to amend an act establishing a new charter for the City of College Park; and for other purposes.
HB 993. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to fix the compensation of the president and members of Boards of Education in certain counties; and for other purposes.
HB 992. By Messrs. McClelland, Smith and Brooks of Fulton:
A bill to amend an act to create and establish in certain counties, a County Planning Commission and Board of Zoning Appeals; and for other purposes.
HB 982. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act relating to the abolition of Justice Courts and establishing the Civil Court of Fulton County; and for other purposes.
HB 974. By Mr. Smith of Emanuel:
A bill to provide that in the trial of any civil suit, counsel shall be permitted to use a blackboard in trial and arguments of such suit; and for other purposes.
HB 825. By Messrs. Holcombe of Cobb, Twitty of Mitchell; and others:
A bill to amend an act providing pensions to the State of Georgia, so as to change the provisions relative to monthly benefits; to clarify provisions relative to payment of benefits; and for other purposes.
HB 764. By Messrs. Twitty of Mitichell, Smith of Emanuel, and others:
A bill to provide for safe watercraft operation, administration of act by Game & Fish Commission, for minimum standards of safety equipment, etc.; and for other purposes.
HB 773. By Mr. Musgrove of Clinch:
A bill to amend an act relating to Game & Fish Commission, to define
508
JOURNAL OF THE SENATE,
terms, change fees, to provide for big game and small game hunting licenses and fees, etc.; and for other purposes.
HR 45. By Mr. McClelland of Fulton: A resolution to compensate Mrs. Clyde Lamar Ellsberry and her three minor children; and for other purposes.
HR 277. By Mr. Williams of Hall: A resolution to compensate Mr. J. Robert House; and for other purposes.
HR 315. By Mr. Sheffield of Brooks: A resolution to compensate Jack Butler; and for other purposes.
HR 319. By Mr. Orr of Wilkes: A resolution to compensate Mitchell McAvoy; and for other purposes.
HR 386. By Mr. Milhollin of Coffee: A resolution to compensate Mr. Ferrnell L. Spivey; and for other purposes.
HR 387. By Mr. Johnson of Butts:
A resolution to compensate the International Harvester Company; and for other purposes.
HR 388. By Mr. Rodgers of Charlton:
A resolution to compensate the Seaboard Air Line Railroad Company; and for other purposes.
HR 390. By Mr. Hurst of Quitman:
A resolution to compensate Mr. James Hubert Walker; and for other purposes.
HR 415. By Mr. Barrett of Cherokee:
A resolution to compensate Mr. and Mrs. A. O. Shadburn; and for other purposes.
HR 450. By Mr. Bowen of Randolph:
A resolution to compensate T. E. Faircloth of Cuthbert, Georgia; and for other purposes.
HR 382. By Messrs. Sheffield of Brooks, Budd and Walker of Lowndes, and Bozeman of Thomas:
A resolution proposing the acquisition and development of a State Park in Brooks County; and for other purposes.
MONDAY, FEBRUARY 15, 1960
509
HR 443. By Messrs. Reed, Willingham and Holcombe of Cobb:
A resolution proposing to the qualified voters of the State of Georgia an amendment to Article VIII, Section VII, Paragraph I of the Constitution of Georgia, relating to education; and for other purposes.
HR 446. By Messrs. Cox and Matthews of Clarke:
A resolution proposing an amendment to the Constitution to provide the governing authority of Clarke County may establish water, sanitation, etc.; and for other purposes.
HR 447. By Messrs. Bolton and Melton of Spalding:
A resolution proposing an amendment to the Constitution to authorize the establishment of water districts in Spalding County; and for other purposes.
HR 448. By Messrs. Busbee and Odom of Dougherty:
A resolution proposing an amendment to the Constitution to empower the Board of Commissioners of Roads and Revenues to assess and collect license fees and occupational taxes; and for other purposes.
HR 449. By Messrs. Kidd and Chandler of Baldwin:
A resolution proposing an amendment to the Constitution relating to the Commissioners of Roads and Revenues of Baldwin County, their duties, powers, etc.; and for other purposes.
HR 452. By Messrs. Killian and Gowen of Glynn:
A resolution proposing an amendment to the Constitution to provide for sewage districts for the County of Glynn; and for other purposes.
HR 457. By Messrs. Newton and Matthews of Colquitt:
A resolution proposing an amendment to the Constitution so as to create the Moultrie-Colquitt County Development Authority; and for other purposes.
HR 385. By Mr. Baughman of Early:
A resolution proposing an amendment to the Constitution to authorize Early County to issue certain revenue bonds; and for other purposes.
HR 406. By Mr. Singer of Stewart:
A resolution proposing' an amendment to the Constitution so as to authorize Stewart County to construct bridges; and for other purposes.
HR 407. By Mr. Hall of Lee:
A resolution proposing an amendment to the Constitution so as to authorize Lee County to issue certain revenue anticipation obligations known as Revenue Bonds; and for other purposes.
510
JOURNAL OF THE SENATE,
HR 414. By Messrs. Walker and Budd of Lowndes:
A resolution proposing an amendment to the Constitution to create the Valdosta Lowndes County Industrial Authority; and for other purposes.
HR 425. By Mr. Hurst of Quitman:
A resolution proposing an amendment to the Constitution to authorize Quitman County to issue certain revenue anticipation obligations; and for other purposes.
HR 426. By Messrs. Taylor and Griffin of Decatur:
A resolution proposing an amendment to the Constitution to authorize Decatur County to issue certain revenue anticipation obligations; and for other purposes.
HR 436. By Mr. Hale of Dade:
A resolution proposing an amendment to the Constitution to authorize Dade County to issue certain revenue anticipation obligations; and for other purposes.
HR 445. By Messrs. Cox and Matthews of Clarke:
A resolution proposing an amendment to the Constitution to create a body corporate and politic of the State of Georgia known as AthensClarke County Industrial Development Authority; and for other purposes.
HB 1010. By Messrs. McClelland, Smith and Brooks of Fulton:
A bill to amend an Act establishing a new charter for the City of College Park; and for other purposes.
HB 1009. By Messrs. McClelland, Smith and Brooks of Fulton:
A bill to amend an act establishing a new charter for the City of College Park; and for other purposes.
HB 1008. By Messrs. McClelland, Smith and Brooks of Fulton, Mackay and Rutland of DeKalb:
A bill to amend an act to provide the procedure for zoning and planning to provide issue of special use permits in certain counties; and for other purposes.
HB 1007. By Messrs. Smith, McClelland of Fulton, Mackay and Rutland of DeKalb:
A bill to amend an act providing for registration fees, licenses and business taxes in certain counties; and for other purposes.
HB 1006. By Messrs. Smith, McClelland and Brooks of Fulton:
A bill to amend an act to create a system of traffic Courts in certain counties, to fix compensation of Assistant Solicitors, clerks and other administrative officers; and for other purposes.
MONDAY, FEBRUARY 15, 1960
511
HB 1005. By Messrs. Blalock of Clayton and Ray of Warren:
A bill to amend an act, relating to the inspection, sale, etc., of gasoline, kerosene and other petroleum products; and for other purposes.
HB 996. By Messrs. Brooks, Smith and McClelland of Fulton:
A bill to amend an act abolishing the fee system existing in the Superior Court of the Atlanta Judicial Circuit; and for other purposes.
HB 995. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to amend an act to repeal an act which prohibits the county and county Commissioners of Roads and Revenues from using convict labor in certain counties; and for other purposes.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the Senate substitute to the following bill of the House to-wit:
HB 617. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to amend the act known as the "State Wide Probation Act" with reference to bastardy and abandonment cases; and for other purposes.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
Through inadvertance the attached amendment to HB 689, by Mr. Musgrove of Clinch:
A bill providing for relinquishing of telephone conversation in cases of emergency; and for other purposes.
was not of record when passed by the Senate.
The House again adopted this amendment as a precautionary measure subject to the ratification of your body.
HB 496. By Mr. McWhorter of DeKalb:
A bill to amend an act relating to marriage licenses, how granted and recorded; and for other purposes.
HB 796. By Messrs. Matthews and Cox of Clarke:
A bill to create the Athens Public Facilities Authority as a public Corporation, and to authorize it to acquire, operate and dispose of any revenue producing facilities located in Clarke County; and for other purposes.
512
JOURNAL OP THE SENATE,
HB 840. By Mr. Ellis of Henry:
A bill to amend an act creating Department of Public Safety, to provide the Director may give written authority for other law agencies to use same wave length radio system; and for other purposes.
HB 855. By Messrs, Hill of Meriwether, Bozeman of Thomas, and Braswell of Wheeler:
A bill to amend an act relating to motor vehicle licenses, relating to hauling of agricultural products grown in this State upon payment of fee, regarding identification of vehicles; and for other purposes.
HB 907. By Messrs. Lanier of Candler, Alien of Bulloch and Strickland of Evans:
A bill to amend an act known as "The Entomology Act of 1937"; and for other purposes.
HB 965. By Messrs. Bolton and Melton of Spalding:
A bill creating the Charter of the City of Griffin, relating to authority for laying sewerage lines; and for other purposes.
HB 1055. By Messrs. Ployd of Chattooga and Fowler of Douglas:
A bill to provide that applicants taking an examination by any examining board shall receive points to grade made by applicant on the examination; and for other purposes.
HB 1011. By Messrs. McClelland, Smith and Brooks of Pulton:
A bill to amend an act creating a joint-city-county Board of Tax Assessors in certain counties; and for other purposes.
HB 1029. By Mr. White of Mclntosh:
A bill to place the compensation of the Clerk of Superior Court of Mclntosh County on a salary basis in lieu of fee basis; and for other purposes.
HB 1030. By Mr. White of Mclntosh:
A bill to place the compensation of Sheriff of Mclntosh County on a salary basis; provide for deputy; provide for jailer; and expense allowance for sheriff; disposition of fees; cost; and for other purposes.
HB 1031. By Mr. White of Mclntosh:
A bill to amend an act consolidating the offices of Receiver of Tax Returns and Tax Collector of Mclntosh County; and for other ptirposes.
HB 1032. By Mr. White of Mclntosh:
A bill to place the compensation of the Ordinary of Mclntosh County on a salary basis in lieu of fee basis; and for other purposes.
MONDAY, FEBRUARY 15, 1960
513
HB 1073. By Messrs. Hall, Scoggin and Lowrey of Floyd:
A bill creating a new Charter for the City of Rome, relating to City Manager's salary; and for other purposes.
HB 1080. By Messrs. McKenna, Thornton and Phillips of Bibb:
A bill to incorporate a new political body corporate under the name of Macon Bibb County; and for other purposes.
HB 1081. By Mr. Masses of Pulaski:
A bill to change the compensation of the Clerk of Superior Court of Pulaski County from fee to salary system; and for other purposes.
HB 1082. By Mr. Massee of Pulaski:
A bill to change the compensation of the Tax Collector of Pulaski County from fee to salary system; and for other purposes.
HB 1083. By Mr. Massee of Pulaski:
A bill to change compensation of Ordinary of Pulaski County from fee to salary system; and for other purposes.
HB 1084. By Mr. Massee of Pulaski:
A bill to change compensation of Sheriff of Pulaski County from fee to salary system; and for other purposes.
HB 1086. By Messrs. Payton and Blalock of Coweta:
A bill to amend an act to create a new charter for the City of Newnan, to close certain streets; and for other purposes.
HB 1087. By Messrs. Payton and Blalock of Coweta:
A bill creating a Board of Commissioners of Roads and Revenues of Coweta County, to direct said Board to use convict labor; and for other purposes.
HB 1088. By Mr. Massee of Pulaski:
A bill to change the compensation of Tax Receiver of Pulaski County from fee to salary system; and for other purposes.
HB 1089. By Mr. Massee of Pulaski:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of Pulaski County, to change the compensation of Clerk of said Commissioners; and for other purposes.
HB 1090. By Messrs. Pickard, Dicus and Hollis of Muscogee:
A bill to amend the Charter of the City of Columbus, to abolish certain offices; and for other purposes.
514
JOURNAL OF THE SENATE,
HB 1091. By Messrs. Payton and Blalock of Coweta: A bill relating to a new Charter for the City of Newnan, to provide Council-Manager form of government; and for other purposes.
HB 1092. By Messrs. Payton and Blalock of Coweta: A bill to change the compensation of the Sheriff, Ordinary and Clerk of the Superior Court of Coweta County; and for other purposes.
HB 1093. By Messrs. Payton and Blalock of Coweta: A bill establishing a City Court of Newnan, to change compensation of the Judge; and for other purposes.
HB 1096. By Messrs. Jordan of Banks: A bill to amend an act relating to the creation of Board of Commissioners of Roads and Revenues for Banks County; and for other purposes.
HB 1099. By Messrs. Smith, Brooks and McClelland of Fulton: A bill establishing a new charter for the City of East Point, relating to personnel; and for other purposes.
HB 1100. By Messrs. Smith, Brooks and McClelland of Fulton: A bill to amend an act establishing a new charter for the City of East Point relating to closing certain streets; and for other purposes.
HB 1101. By Messrs. Smith, Brooks and McClelland of Fulton: A bill to amend an act establishing a new charter for the City of East Point, relating to attorneys and authority projects; and for other purposes.
HB 1102. By Messrs. Smith, Brooks and McClelland of Fulton: A bill establishing a new Charter for the City of East Point to raise revenues; and for other purposes.
HB 1103. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to amend an act establishing a new Charter for the City of East Point relating to Mayor and City Council; and for other purposes.
HB 1104. By Mr. Wilkes of Cook:
A bill to consolidate all of the laws chartering the City of Adel; and for other purposes.
HB 1105. By Mr. Baughman of Early:
A bill to provide that the Ordinary of Early County shall receive a supplemental salary; and for other purposes.
MONDAY, FEBRUARY 15, 1960
515
HB 1106. By Mr. Rowland of Johnson:
A bill to amend an act relating to the City of Wrightsville, to extend City Limits; and for other purposes.
HB 1113. By Mr. Walker of Telfair:
A bill to provide for a closed deer season in Telfair County; and for other purposes.
HB 1115. By Mr. McGibony of Greene:
A bill to amend an act consolidating the offices of Tax Receiver and Tax Collector of Greene County into one office of Tax Commissioner; and for other purposes.
HB 1116. By Mr. Underwood of Montgomery:
A bill creating a new charter for the Town of Uvalda, to change name to City of Uvalda; and for other purposes.
The following bills were introduced, read the first time and referred to committees:
SB 235. By Senator Mercer of the 49th: A bill to increase the salaries of the City Court of Metter; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 236. By Senator Lindsey of the 53rd: A bill to provide an increase in the compensation for the Judge and Solicitor of the City Court in all counties having a population of not less than 23,700 and not more than 24,200; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 496. By Mr. McWhorter of DeKalb: A bill to amend an act relating to marriage licenses, how granted and recorded; and for other purposes.
Referred to Committee on Judiciary.
HB 698. By Messrs. Ray and Warren and Blalock of Clayton: A bill to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act, to provide credit against any use of tax due thereunder from hospitals; and for other purposes.
Referred to Committee on Rules.
HB 705. By Messrs. Blalock of Clayton and Ray of Warren: A bill relating to payment of taxes and other amounts to agents and employees of the Revenue Department; and for other purposes.
Referred to Committee on Rules.
516
JOURNAL OF THE SENATE,
HB 764. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to provide for safe watercraft operation, administration of act by Game and Fish Commission, for minimum standards of safety equipment; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 773. By Mr. Musgrove of Clinch:
A bill to amend an act relating to Game and Fish Commission, to define terms, change fees, to provide for big game and small game hunting licenses and fees, etc.; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 796. By Messrs. Matthews and Cox of Clarke:
A bill to create the Athens Public Facilities Authority as a public corporation, and to authorize it to acquire, operate and dispose of any revenue producing facilities located in Clarke County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 818. By Messrs. Blalock of Clayton and Ray of Warren:
A bill to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act, to require registration thereunder of certain dealers; and for other purposes.
Referred to Committee on Rules.
HB 820. By Messrs. Blalock of Clayton and Ray of Warren:
A bill authorizing the State Revenue Commissioner to waive collection of penalties and interest due in certain instances; and for other purposes.
Referred to Committee on Rules.
HB 840. By Mr. Ellis of Henry:
A bill to amend an act creating the Department of Public Safety, to provide the director may give written authority for other law agencies to use same wave length radio system; and for other purposes.
Referred to Committee on Government Operations.
HB 855. By Messrs. Hill of Meriwether, Bozeman of Thomas and Braswell of Wheeler:
A bill to amend an act relating to motor vehicle licenses, relating to hauling of agricultural products grown in this state upon payment of fee, regarding identification of vehicles; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
MONDAY, FEBRUARY 15, 1960
517
HB 907. By Messrs. Lanier of Candler, Alien of Bulloch and Strickland of Evans:
A bill to amend an act known as "The Entymology Act of 1937"; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 954. By Messrs. Irvin of Habersham, Taylor of Dawson, Williams of Hall and others:
A bill to amend an act prohibiting the manufacture of license tags, to authorize the Department of Commerce to make and sell sample license tags; and for other purposes.
Referred to Committee on Government Operations.
HB 965. By Messrs. Bolton and Melton of Spalding:
A bill creating the charter of the City of Griffin, relating to authority for laying sewerage lines; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 825. By Messrs. Holcombe of Cobb, Twitty of Mitchell and others:
A bill to amend an act providing pensions to the State of Georgia, so as to change the provisions relative to monthly benefits; to clarify provisions relative to payment of benefits; and for other purposes.
Referred to Committee on Judiciary.
HB 974. By Mr. Smith of Emanuel:
A bill to provide that in the trial of any civil suit, counsel shall be permitted to use a blackboard in trial and arguments of such suit; and for other purposes.
Referred to Committee on Rules.
HB 982. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act relating to the abolition of justice courts and establishing the Civil Court of Fulton County; and for other purposes.
Referred to Committee on Judiciary.
HB 984. By Mr. Steis of Harris: A bill to amend the act creating the Franklin D. Roosevelt Warm Springs Memorial Commission; and for other purposes.
Referred to Committee on Government Operations.
HB 992. By Messrs. McClelland, Smith and Brooks of Fulton:
A bill to amend an act to create and establish in certain counties, a County Planning Commission and Board of Zoning Appeals; and for other purposes.
Referred to Committee on County and Municipal Governments.
518
JOURNAL OF THE SENATE,
HB 993. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to fix the compensation of the president and members of Board of Education in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 994. By Messrs. McClelland, Smith and Brooks of Fulton:
A bill to amend an act establishing a new charter for the City of College Park; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 995. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to amend an act to repeal an act which prohibits the county and county commissioners of roads and revenues from using convict labor in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 996. By Messrs. Brooks, Smith and McClelland of Fulton:
A bill to amend an act abolishing the fee system existing in the Superior Court of the Atlanta Judicial Circuit; and for other purposes.
Referred to Committee on Judiciary.
HB 1005. By Messrs. Blalock of Clayton and Ray of Warren:
A bill to amend an act relating to the inspection, sale, etc., of gasoline, kerosene and other petroleum products; and for other purposes.
Referred to Committee on Industry and Labor.
HB 1006. By Messrs. Smith, McClelland and Brooks of Fulton:
A bill to amend an act to create a system of traffic courts in certain counties, to fix compensation of assistant solicitors, clerks and other administrative officers; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1007. By Messrs. Smith, McClelland of Fulton, Mackay and Rutland of DeKalb:
A bill to amend an act providing for registration fees, licenses and business taxes in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1008. By Messrs. McClelland, Smith and Brooks of Fulton, Mackay and Rutland of DeKalb:
A bill to amend an act to provide the procedure for zoning and planning to provide issuance of special use permits in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.
MONDAY, FEBRUARY 15, 1960
519
HB 1009. By Messrs. McClelland, Smith and Brooks of Pulton:
A bill to amend an act establishing a new charter for the City of College Park; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1010. By Messrs. McClelland, Smith and Brooks of Fulton:
A bill to amend an act establishing a new charter for the City of College Park; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1011. By Messrs. McClelland, Smith and Brooks of Fulton:
A bill to amend an act creating a joint-city-county Board of Tax Assessors in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1012. By Mr. Barber of Jackson:
A bill to amend an act entitled "Revenue-Certificate Law of 1937," bonds issued under the law shall be sold at no less than par; and for other purposes.
Referred to Committee on Rules.
HB 1018. By Mr. McCracken of Jefferson:
A bill to provide for granting of a commission as Notary Public, to provide for qualification, manner of obtaining commission; and for other purposes.
Referred to Committee on Judiciary.
HB 1029. By Mr. White of Mclntosh:
A bill to place the compensation of the clerk of the Superior Court of Mclntosh County on a salary basis in lieu of fee basis; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1030. By Mr. White of Mclntosh:
A bill to place the compensation of sheriff of Mclntosh County on a salary basis; provide for deputy; provide for jailer and expense allowance for sheriff; disposition of fees, cost; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1031. By Mr. White of Mclntosh:
A bill to amend an act consolidating the offices of receiver of tax returns and tax collector of Mclntosh County; and for other purposes.
Referred to Committee on County and Municipal Governments.
520
JOURNAL OP THE SENATE,
HB 1032. By Mr. White of Mclntosh:
A bill to place the compensation of the ordinary of Mclntosh County on a salary basis; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1055. By Messrs. Ployd of Chattooga and Fowler of Douglas:
A bill to provide that applicants taking an examination by any examining board shall receive points to grade made by applicant on the examination; and for other purposes.
Referred to Committee on Rules.
HB 1073. By Messrs. Hall, Scoggin and Lowrey of Floyd:
A bill creating a new charter for the City of Rome, relating to city manager's salary; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1080. By Messrs. McKenna, Thornton and Phillips of Bibb:
A bill to incorporate a new political body corporate under the name of Macon Bibb County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1081. By Mr. Massee of Pulaski:
A bill to change the compensation of the clerk of the Superior Court of Pulaski County from fee to salary system; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1082. By Mr. Massee of Pulaski:
A bill to change the compensation of the tax collector of Pulaski County from fee to salary system; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1083. By Mr. Massee of Pulaski:
A bill to change compensation of Ordinary of Pulaski County from fee to salary system; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1084. By Mr. Massee of Pulaski:
A bill to change compensation of sheriff of Pulaski County from fee to salary system; and for other purposes.
Referred to Committee on County and Municipal Governments.
MONDAY, FEBRUARY 15, 1960
521
HB 1086. By Messrs. Payton and Blalock of Coweta:
A bill to amend an act to create a new charter for the City of Newnan, to close certain streets; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1087. By Messrs. Payton and Blalock of Coweta:
A bill creating a Board of Commissioners of Roads and Revenues of Coweta County, to direct said board to use convict labor; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1088. By Mr. Massee of Pulaski: A bill to change the compensation of tax receiver of Pulaski County from fee to salary system; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1089. By Mr. Massee of Pulaski:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of Pulaski County, to change the compensation of clerk of said commissioners; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1090. By Messrs. Pickard, Dicus and Hollis of Muscogee:
A bill to amend the charter of the City of Columbus, to abolish certain offices; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1091. By Messrs. Payton and Blalock of Coweta:
A bill relating to a new charter for the City of Newnan, to provide Council-Manager form of government; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1092. By Messrs. Payton and Blalock of Coweta:
A bill to change the compensation of the sheriff, ordinary and clerk of the Superior Court of Coweta County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1093. By Messrs. Payton and Blalock of Coweta:
A bill establishing a city court of Newnan, to change compensation of the judge; and for other purposes.
Referred to Committee on County and Municipal Governments.
522
JOURNAL OF THE SENATE,
HB 1096. By Mr. Jordan of Banks:
A bill to amend an act relating to the creation of Board of Commissioners of Roads and Revenues for Banks County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1099. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill establishing a new charter for the City of East Point relating to personnel; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1100. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of East Point relating to closing certain streets; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1101. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of East Point, relating to attorneys and authority projects; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1102. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill establishing a new charter for the City of East Point to raise revenues; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1103. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of East Point relating to mayor and city council; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1104. By Mr. Wilkes of Cook:
A bill to consolidate all of the laws chartering the City of Adel; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1105. By Mr. Baughman of Early:
A bill to provide that the ordinary of Early County shall receive a supplemental salary; and for other purposes.
Referred to Committee on County and Municipal Governments.
MONDAY, FEBRUARY 15, 1960
523
HB 1106. By Mr. Rowland of Johnson:
A bill to amend an act relating to the City of Wrightsville, to extend city limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1113. By Mr. Walker of Telfair:
A bill to provide for a closed deer season in Telfair County; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 1114. By Mr. McGibony of Greene:
A bill to place the compensation of the sheriff, clerk of superior court, ordinary and coroner of Greene County on a salary basis in lieu of fee basis; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1115. By Mr. McGibony of Greene:
A bill to amend an act consolidating the offices of tax receiver and tax collector of Greene County into one office of tax commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1116. By Mr. Underwood of Montgomery:
A bill creating a new charter for the Town of Uvalda, to change name to City of Uvalda; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1117. By Mr. Underwood of Montgomery:
A bill to amend an act creating a new charter for the Town of Mt. Vernon, to change name to City of Mt. Vernon; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1118. By Mr. Underwood of Montgomery:
A bill to amend an act relating to the Town of Ailey; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1124. By Messrs. Willingham and Reed of Cobb:
A bill to amend an act incorporating the City of Marietta, to change, extend, redefine and describe the city limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
524
JOURNAL OF THE SENATE,
HR 45. By Mr. McClelland of Fulton:
A resolution to compensate Mrs. Clyde Lamar Ellsberry and her three minor children; and for other purposes.
Referred to Committee on Appropriations.
HR 277. By Mr. Williams of Hall:
A resolution to compensate Mr. J. Robert House; and for other purposes.
Referred to Committee on Appropriations.
HR 315. By Mr. Sheffield of Brooks: A resolution to compensate Jack Butler; and for other purposes.
Referred to Committee on Appropriations.
HR 319. By Mr. Orr of Wilkes: A resolution to compensate Mitchell McAvoy; and for other purposes.
Referred to Committee on Appropriations.
HR 382. By Messrs. Sheffield of Brooks, Budd and Walker of Lowndes and Bozeman of Thomas:
A resolution proposing the acquisition and development of a State Park in Brooks County; and for other purposes.
Referred to Committee on Government Operations.
HR 385. By Mr. Baughman of Early:
A resolution proposing an amendment to the constitution to authorize Early County to issue certain revenue bonds; and for other purposes.
Referred to Committee on Rules.
HR 386. By Mr. Milhollin of Coffee:
A resolution to compensate Mr. Ferrnell L. Spivey; and for other purposes.
Referred to Committee on Appropriations.
HR 387. By Mr. Johnson of Butts: A resolution to compensate the International Harvester Company; and for other purposes.
Referred to Committee on Appropriations.
HR 388. By Mr. Rodgers of Charlton: A resolution to compensate the Seaboard Air Line Railroad Company; and for other purposes.
Referred to Committee on Appropriations.
MONDAY, FEBRUARY 15, 1960
525
HR 390. By Mr. Hurst of Quitman:
A resolution to compensate Mr James Hubert Walker; and for other purposes.
Referred to Committee on Appropriations.
HR 405. By Mr. Singer of Stewart;
A resolution proposing an amendment to the Constitution to authorize the construction of electrical system in Stewart County; and for other purposes.
Referred to Committee on Rules.
HR 406. By Mr. Singer of Stewart:
A resolution proposing an amendment to the Constitution so as to authorize Stewart County to construct bridges; and for other purposes.
Referred to Committee on Rules.
HR 407. By Mr. Hall of Lee:
A resolution proposing an amendment to the Constitution so as to authorize Lee County to issue certain revenue anticipation obligations known as Revenue Bonds; and for other purposes.
Referred to Committee on Rules.
HR 410. By Mr. McKemie of Clay:
A resolution proposing an amendment to authorize Clay County to issue certain revenue anticipation obligations known as revenue bonds; and for other purposes.
Referred to Committee on Rules.
HR 414. By Messrs. Walker and Budd of Lowndes:
A resolution proposing an amendment to the Constitution to create the Valdosta-Lowndes County Industrial Authority; and for other purposes.
Referred to Committee on Rules.
HR 415. By Mr. Barrett of Cherokee:
A resolution to compensate Mr. and Mrs. A. O. Shadburn; and for other purposes.
Referred to Committee on Appropriations.
HR 425. By Mr. Hurst of Quitman:
A resolution proposing an amendment to the Constitution to authorize Quitman County to issue certain revenue anticipation obligations; and for other purposes.
Referred to Committee on Rules.
526
JOURNAL OF THE SENATE,
HE 426. By Messrs. Taylor and Griffin of Decatur:
A resolution proposing an amendment to the Constitution to authorize Decatur County to issue certain revenue anticipation obligations; and for other purposes.
Referred to Committee on Rules.
HR 427. By Messrs. Morgan and Story of Gwinnett: A resolution compensating Walter Gamble; and for other purposes.
Referred to Committee on Appropriations.
HR 436. By Mr. Hale of Bade:
A resolution proposing an amendment to the Constitution to authorize Dade County to issue certain revenue anticipation obligations; and for other purposes.
Referred to Committee on Rules.
HR 443. By Messrs. Reed, Willingham and Holcombe of Cobb:
A resolution proposing to the qualified voters of the State of Georgia an amendment to Article VIII, Section VII, Paragraph I of the Constitution of Georgia; and for other purposes.
Referred to Committee on Rules.
HR 445. By Messrs. Cox and Matthews of Clarke:
A resolution proposing an amendment to the Constitution to create a body corporate and politic of the State of Georgia known as Athens-Clarke County Industrial Development Authority; and for other purposes.
Referred to Committee on Rules.
HR 446. By Messrs. Cox and Matthews of Clarke:
A resolution proposing an amendment to the Constitution to provide the governing authority of Clarke County may establish water, sanitation, etc.; and for other purposes.
Referred to Committee on Rules.
HR 447. By Messrs. Bolton and Melton of Spalding:
A resolution proposing an amendment to the Constitution to authorize the establishment of water districts in Spalding County; and for other purposes.
Referred to Committee on Rules.
HR 448. By Messrs. Busbee and Odom of Dougherty:
A resolution proposing an amendment to the Constitution to empower the Board of Commissioners of Roads and Revenues to assess and collect license fees and occupational taxes; and for other purposes.
Referred to Committee on Rules.
MONDAY, FEBRUARY 15, 1960
527
HR 449. By Messrs. Kidd and Chandler of Baldwin:
A resolution proposing an amendment to the Constitution relating to the Commissioners of Roads and Revenues of Baldwin County, their duties, powers, etc.; and for other purposes.
Referred to Committee on Rules.
HR 450. By Mr. Bowen of Randolph:
A resolution to compensate T. B. Faircloth of Cuthbert, Georgia; and for other purposes.
Referred to Committee on Appropriations.
HR 452. By Messrs. Killian and Gowen of Glynn:
A resolution proposing an amendment to the Constitution to provide for sewage districts for the County of Glynn; and for other purposes.
Referred to Committee on Rules.
HR 455. By Mr. Walker of Telfair:
A resolution proposing an amendment to voters of Telfair County to authorize the issuance of certain revenue bonds; and for other purposes.
Referred to Committee on Rules.
HR 457. By Messrs. Newton and Matthews of Colquitt:
A resolution proposing an amendment to the Constitution so as to create the Moultrie-Colquitt County Development Authority; and for other purposes.
Referred to Committee on Rules.
The following bill and resoluions were read the second time:
SB 234. By Senator Lanier of the 20th:
A bill to change the corporate limits of the City of Sandersville; and for other purposes.
SR 123. By Senator Perry of the 24th:
A resolution to authorize Marion County to issue certain revenue anticipation obligations known as revenue bonds for the purpose therein stated.
SR 124. By Senator Brooks of the 23rd:
A resolution to authorize Taylor County to issue certain revenue anticipation obligations known as revenue bonds for the purpose therein stated.
SR 125. By Senator Doster of the 48th:
A resolution to authorize Wilcox County to issue certain revenue anticipation obligations known as revenue bonds for the purpose therein stated.
528
JOURNAL OF THE SENATE,
SR 126. By Senator Home of the 13th:
A resolution to authorize Macon County to issue certain revenue anticipation obligations known as revenue bonds for the purpose therein stated.
HB 233. By Messrs. Bagby of Paulding, Murphy of Haralson, Ballard of Newton, Scoggin of Floyd, Lott of Berrien, Bolton of Spalding and Paris of Barrow:
A bill creating the office of judge of the superior court emeritus, to change the service qualifications for appointment to office of judge of the superior court emeritus; and for other purposes.
HB 637. By Mr. Brennan of Chatham:
A bill to amend code chapter 84-10 relating to the licensing of nurses; to increase the Board; and for other purposes.
HB 658. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend an act creating the positions of judges emeritus of State Court of Appeals, eligibility for such office; and for other purposes.
HB 747. By Messrs. Musgrove of Clinch, Caldwell of Upson and Hall of Floyd:
A bill to amend an act making appropriations for the operation of State Government, to provide for scholarships for teachers; and for other purposes.
HB 768. By Mr. Bynum of Rabun:
A bill to provide that counties of 7,370 nor more than 7,470, money placed in the fine and forfeiture funds through courts of ordinaries in traffic cases be set aside and used to pay claims of officers for services in regard thereto; and for other purposes.
HB 798. By Messrs. Budd and Walker of Lowndes:
A bill to amend an act known as the "Used Car Dealers' Registration Act," to provide for expiration of licenses; and for other purposes.
HB 758. By Mr. Bynum of Rabun:
A bill to provide that in counties having a population of not less than 7,370 nor more than 7,470, the clerk of the superior court of such counties shall attend the Court of Ordinary in all cases for the violation of traffic laws of the State; and for other purposes.
HB 857. By Messrs. Gowen of Glynn, Blalock of Clayton, Ray of Warren and others:
A bill to amend the act entitled "The Georgia Retailers' and Consumers' Sales and Use Tax Act" to remove ambiguities with respect to upon whom the tax is levied; and for other purposes.
HB 868. By Messrs. Braswell of Wheeler, Bagby of Paulding and others:
A bill to amend an act known as the "Georgia Post Mortem Examination
MONDAY, FEBRUARY 15, 1960
529
Act," and to provide for the filing of death certificates by medical examiners investigating deaths; and for other purposes.
HB 869. By Mr. Gowen of Glynn:
A bill to amend an act establishing a State Employees Retirement System, as to change the provisions relating to former employees; and for other purposes.
HB 900. By Messrs. Bolton and Melton of Spalding and Killian of Glynn:
A bill to require certain persons to take a loyalty oath, to exempt pages employed by the General Assembly; and for other purposes.
HB 923. By Mr. Dilworth of Franklin:
A bill to amend an act creating the office of Commissioner of Roads and Revenue and the Advisory Board of Franklin County; and for other purposes.
HB 944. By Mr. Musgrove of Clinch:
A bill to repeal an act creating the Georgia Industrial Development Administration; create in lieu thereof a Georgia Real Estate Investment Board; to provide for its members, appointment, compensation, powers, duties and authority of said Board; and for other purposes.
HB 970. By Mr. Gowen of Glynn:
A bill to amend an act carrying into effect the provision of the Constitution with reference to creating bonded indebtedness; and for other purposes.
HB 971. By Mr. Gowen of Glynn:
A bill to amend code section 87-302 pertaining to filing of petition to validate bonds; and for other purposes.
HB 983. By Mr. Gowen of Glynn:
A bill to amend an act authorizing the governing authorities of municipalities and counties to establish Planning Commission, to change the membership thereof; and for other purposes.
HB 998. By Messrs. Killian and Gowen of Glynn: A bill to place the compensation of the sheriff of Glynn County on salary basis in lieu of fee basis; and for other purposes.
HB 1019. By Messrs. Busbee and Odom of Dougherty: A bill to prohibit the imposition of any export tax upon any item manufactured or produced in the State of Georgia and shipped by the manufacturer or producer for sale outside the State of Georgia.
HB 1020. By Mr. Strickland of Evans: A bill to amend an act incorporating the City of Claxton so as to change
530
JOURNAL OP THE SENATE,
the city limits of the City of Claxton; to provide for a referendum; and for other purposes.
HB 1021. By Messrs. Busbee and Odom of Dougherty:
A bill to amend an act creating a new charter for the City of Albany, to change the Board of Tax Assessors to five members; and for other purposes.
HB 1022. By Messrs. Busbee and Odom of Dougherty:
A bill to amend an act creating a new charter for the City of Albany, to provide four members of the Board of Water, Gas and Light Commissioners; and for other purposes.
HB 1024. By Mr. Hale of Dade:
A bill to amend an act incorporating the City of Trenton to change corporate limits; and for other purposes.
HB 1026. By Mr. Carr of Dooly:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Dooly; and for other purposes.
HB 1027. By Messrs. McGee, Brennan and Cheatham of Chatham:
A bill to amend an act granting corporate authority to the Town of Tybee; and for other purposes.
HB 1028. By Mr. Lancaster of Jones:
A bill to amend an act incorporating the Town of Gray; and for other purposes.
HB 1033. By Mr. Paris of Barrow:
A bill t6 amend an act providing a new charter for the City of Winder, to increase corporate limits; and for other purposes.
HB 1034. By Mr. McCracken of Jefferson:
A bill to amend an act entitled "An act to incorporate the town of Avera in the county of Jefferson and State of Georgia," to define the limit of same, provide for officers to govern it, prescribe their duties; and for other purposes.
HB 1035. By Messrs. Andrews and Williams of Hall:
A bill to amend the charter of the City of Gainesville to increase the corporate limits; and for other purposes.
HB 1037. By Mr. Steis of Harris:
A bill to change the compensation of the sheriff of Harris County from fee to salary system; and for other purposes.
MONDAY, FEBRUARY 15, 1960
531
HB 1039. By Mr. Steis of Harris:
A bill to provide that the ordinary of Harris County be placed on salary in lieu of fee basis; and for other purposes.
HB 1040. By Messrs. Bostick and Branch of Tift:
A bill to amend an act providing a new charter for the City of Tifton, relating to public library; and for other purposes.
HB 1041. By Mr. Phillips of Walton:
A bill to authorize the mayor and council of the City of Loganville to close Cherry Street; and for other purposes.
HB 1042. By Mr. Phillips of Walton:
A bill to amend an act to incorporate the Town of Loganville in the counties of Walton and Gwinnett; and for other purposes.
HB 1043. By Messrs. Winkle and Smith of Whitfield:
A bill to amend an act relating to the charter of the City of Dalton and land lots in the 12th District, and 3rd section of Whitfield County; and for other purposes.
HB 1044. By Mr. Ross of Lincoln:
A bill to amend an act providing compensation for the Treasurer of Lincoln County; and for other purposes.
HB 1046. By Mr. Tamplin of Morgan:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues in Morgan County; and for other purposes.
HB 1048. By Mr. Murphy of Haralson:
A bill to amend an act incorporating the City of Tallapoosa; and for other purposes.
HB 1049. By Mr. Murphy of Haralson:
A bill to be entitled an act to amend an act relating to the Town of Bremen, to repeal charter; and for other purposes.
HB 1052. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to be entitled an act to authorize the Mayor and Aldermen of the City of Savannah to convey to St. John's Church, certain property; and for other purposes.
HB 1056. By Messrs. Hall, Scoggin and Lowrey of Floyd:
A bill to be entitled an act to amend an act to authorize the Clerk of Superior Court to employ one typist and change salary of two jailers; and for other purposes.
532
JOURNAL OF THE SENATE,
HB 1057. By Messrs. Hall, Scoggin and Lowrey of Floyd:
A bill to be entitled an act to authorize the Commissioner of Roads and Revenues of Floyd County to provide group insurance, for all regular employees; and for other purposes.
HB 1058. By Messrs. Hall, Scoggin and Lowrey of Floyd:
A bill to be entitled an act to amend an act to create a new charter for the City of Cave Spring, to change maximum limit of tax upon real estate; and for other purposes.
HB 1061. 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, to enlarge the corporate limits; and for other purposes.
HB 1062. By Mr. Strickland of Evans:
A bill to be entitled an act to amend an act establishing the City Court of Claxton, to place the Solicitor of said court on annual salary; and for other purposes.
HB 1063. By Mr. Strickland of Evans:
A bill to be entitled an act to fix the compensation of the Clerk of Superior Court of Evans County; and for other purposes.
HB 1066. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to be entitled an act to amend an act to create a system of pensions and retirement pay for officers and employees of DeKalb County; and for other purposes.
HB 1067. 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; and for other purposes.
HB 1068. By Messrs. McWhorter, Rutland and Mackay 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, for levy and collection of taxes; and for other purposes.
HB 1069. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A bill to be entitled an act to amend an act creating a new charter for the City of Decatur, relating to attendance fees for the Commissioners and Mayor; and for other purposes.
HB 1071. By Messrs. Killian and Gowen of Glynn:
A bill to be entitled an act to amend an act creating a Board of Commissioners of Roads and Revenues of Glynn County; and for other purposes.
MONDAY, FEBRUARY 15, 1960
533
HB 1051. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill to be entitled an act to amend an act relating to the compensation of the Tax Commissioner of Chatham County; and for other purposes.
HR 210. By Messrs. Bolton and Melton of Spalding: A resolution to relieve E. T. Hatchett as security; and for other purposes.
HR 411. By Mr. Hill of Tattnall:
A resolution authorizing the sale of telephone lines connected with the State prison in Tattnall County; and for other purposes.
HR 416. By Messrs. Dorminy of Ben Hill; Milhollin of Coffee and many others:
A resolution proposing an amendment to the Constitution so as to authorize counties to purchase liability insurance; and for other purposes.
Mr. 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 225. Do Pass.
Respectfully submitted,
Brooks of 23rd District,
Chairman.
Mr. 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:
HR 433. Do Pass.
HB 863. Do Pass.
HB 931. Do Pass.
HB 920. Do Pass.
SR 123. Do Pass.
SR 124. Do Pass.
SR 126. Do Pass.
534
JOURNAL OF THE SENATE,
SR 125. Do Pass. HR 279. Do Pass.
Respectfully submitted, Vaughn of 34th District, Secretary.
Mr. Doster of the 48th District, Chairman of the Committee on Agriculture and Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources 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 767. Do Pass.
HR 453. Do Pass.
HB 854. Do Pass.
Respectfully submitted,
Doster of 48th District,
Chairman.
Mr. 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 bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 150. Do Not Pass.
Respectfully submitted,
Wright of 42nd District,
Chairman.
Mr. 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 :
SB 229. Do Pass.
HB 946. Do Pass.
HB 951. Do Pass.
MONDAY, FEBRUARY 15, 1960
535
HB 953. Do Pass. HB 956. Do Pass. HB 957. Do Pass. HB 958. Do Pass. HB 959. Do Pass. HB 960. Do Pass. HB 961. Do Pass. HB 962. Do Pass. HB 963. Do Pass. HB 964. Do Pass. HB 1014. Do Pass. HB 1017. Do Pass. HB 966. Do Pass. HB 967. Do Pass. HB 968. Do Pass. HB 973. Do Pass. HB 975. Do Pass. HB 976. Do Pass. HB 977. Do Pass. HB 978. Do Pass. HB 985. Do Pass. HB 986. Do Pass. HB 997. Do Pass. HB 1004. Do Pass. HB 1013. Do Pass.
Respectfully submitted, Brown of 52nd District, Chairman.
Mr. 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
536
JOURNAL OF THE SENATE,
following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 232. Do Pass. Respectfully submitted, Holt of 54th District, Chairman.
Mr. 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 recommendations:
HB 747. Do Pass.
Respectfully submitted,
Jernigan of 5th District,
Chairman.
The following resolution was read:
SR 129. By Senators Crowe of the 10th, Cannon of the 40th and many others:
A resolution urging the Governor to increase the salaries of school teachers when the funds become available; and for other purposes.
On the adoption of the resolution, Senator Crowe of the 10th 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 of 32nd Barrett of 45th Breedlove Brooks Brown Buff Cannon Carlisle Clary Crowe Culpepper Drew Edenfield Gearreld
Hays Holt Holton Home Jernigan Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley McGill Nixon Pannell
Perry Purcell Ramsey Redwine Roach Roper Sanders Screws Shaw Skelton Vaughn Watson Woodall Wright
By unanimous consent, verification of the roll call was dispensed with.
MONDAY, FEBRUARY 15, 1960
537
On the adoption of the resolution, the ayes were 44, nays 0, and the resolution was adopted.
The following resolution of the Senate was taken up for the purpose of considering a House substitute therefor:
SR 94. By Senators Marshall of the 28th and Culpepper of the 7th:
A resolution authorizing and directing the Board of Regents of the University of Georgia to transfer certain lands in Putnam County to the State Department of Corrections; and for other purposes.
Messrs. Lanier of Candler and Horton of Putnam offered the following substitute to SR 94.
A RESOLUTION
Authorizing the Board of Regents of the University of Georgia to transfer certain lands in Putnam County to the State Department of Corrections:
WHEREAS: The United States of America, during depression days, acquired from various owners numerous and divers tracts and parcels of land in Putnam County, under submarginal and rehabilitation programs initiated for purposes of assisting in economic recovery; and
WHEREAS: The United States of America has heretofore conveyed to the State of Georgia a portion of said land for use in constructing and developing what is now generally known as Rock Eagle 4-H Club Center, in Putnam County, and has heretofore, on December 28, 1954, conveyed to the Regents of the University of Georgia, divers parcels and portions of said lands, aggregating 14,314.89 acres, as shown by deed recorded in Deed Book 2-X pages 79, 80 and 81, of the records of the Clerk of Putnam Superior Court.
NOW, THEREFORE, BE IT RESOLVED by the Senate, the House concurring, that the Board of Regents of the University System of Georgia is hereby authorized and directed to transfer to the State Department of Corrections such portion of such land as may be designated by the Director of the Budget of the State of Georgia and at such location as he may direct, not to exceed 2,500 acres, when directed to do so by the Governor.
Senator Marshall of the 28th moved that the Senate disagree to the House substitute and insist on its position.
On the motion, the ayes were 38, nays 0, and the motion prevailed.
The following local uncontested bills were read the third time and put upon their passage:
SB 229. By Senator Brown of the 52nd:
A bill to change the regulations of preparation, contents, and recording of maps or plats of survey of tracts or bodies of land in certain counties; and for other purposes.
538
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 959. By Messrs. Willingham, Holcombe and Reed of Cobb:
A bill to amend an act to create a new charter for the City of Smyrna; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 960. By Messrs. Willingham, Reed and Holcombe of Cobb:
A bill to amend an act creating a new charter for the City of Kennesaw, to extend territorial limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 961. By Messrs. Willingham, Reed and Holcombe of Cobb:
A bill to amend the "Cobb County Recreation Authority 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 966. By Messrs. Bolton and Melton of Spalding:
A bill to amend the charter of the City of Griffin, by enlarging 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 28, nays 0.
MONDAY, FEBRUARY 15, 1960
539
The bill, having received the requisite constitutional majority, was passed.
HB 967. By Mr. Bolton of Spalding:
A bill to amend an act consolidating the offices of Tax Receiver and Tax Collector of Spalding 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 968. By Mr. Bolton of Spalding:
A bill to abolish the present mode of compensation of the Clerk of City Court of Griffin, and for other city and county officials; and for other purposes.
The report 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 946. By Mr. Ellis of Henry:
A bill to amend an act incorporating the city of McDonough, relating to streets and sidewalks; and for other purposes.
The report 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 951. By Dr. Miller of Elbert:
A bill incorporating the City of Elberton, to delete the requirement that the City Manager be a non-resident at the time of his appointment; and for other purposes.
The report 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.
540
JOURNAL OF THE SENATE,
HB 953. By Messrs. Bradley and Keever of Bartow:
A bill to change the compensation of the Coroner of Bartow County from the fee 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 973. By Messrs. Alien and Fordham of Bulloch:
A bill to fix the compensation of the Clerk of the Superior Court of Bulloch 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 majoriy, was passed.
HB 975. By Messrs. Andrews and Williams of Hall:
A bill to amend the charter of the City of Gainesville, by providing for two additional polling places for voting 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 976. By Messrs. Cox and Matthews of Clarke:
A bill to amend the charter of the Town of Athens and the closing 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 977. By Messrs. Lee and Blalock of Clayton:
A bill incorporating the Town of Forest Park to establish veto powers for the mayor; and for other purposes.
MONDAY, FEBRUARY 15, 1960
541
The report 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 978. By Mr. Gross of Stephens:
A bill to amend an act incorporating the City of Toccoa, to add additional lots, tracts or parcels of land adjacent to the present city limits of the City of Toccoa; and for other purposes.
The report 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 985. By Messrs. Walker and Budd of Lowndes:
A bill to amend the charter of the City of Valdosta, to provide method of financing water, sewer and drain installations; and for other purposes.
The report 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 956. By Mr. Souter of Macon:
A bill to amend an act providing for the incorporation of the Town of Ideal, to change the corporate name; and for other purposes.
The report 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 957. By Messrs. Willingham, Reed and Holcombe of Cobb and Fowler of Douglas:
A bill incorporating the Town of Austell, to change corporate limits; 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 958. By Messrs. Willingham, Reed and Holcombe of Cobb: A bill to amend an act incorporating the City of Powder Springs, 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 962. By Messrs. Lee and Blalock of Clayton: A bill to amend an act incorporating the City of Riverdale, to define boundaries; and for other purposes.
The report 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 963. By Messrs. Bolton and Melton of Spalding: A bill to amend an act creating a new charter for the City of Griffin, to change punitive powers of Board of Commissioners of Griffin and Criminal Court 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 964. By Messrs. Bolton and Melton of Spalding: A bill to create a new charter for the City of Griffin, to provide offstreet parking 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
MONDAY, FEBRUARY 15, 1960
543
HB 986. By Messrs. Walker and Budd of Lowndes:
A bill to create the Valdosta-Lowndes County Industrial 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 997. By Messrs. Matthews and Cox of Clarke:
A bill to abolish the justice courts, the offices of Justices of the Peace, and offices of Constables in Clarke 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.
The bill, having received the requisite constitutional majority, was passed.
HB 1004. By Messrs. Coalson and McCown of Polk:
A bill to amend an act incorporating the Town of Roekmart, relating to 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1013. By Mr. Murphy of Haralson:
A bill to amend an act incorporating the Town of Waco, to grant franchises to utility corporations; and for other purposes.
The report 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 1014. By Messrs. Brennan, Cheatham and McGee of Chatham: A bill to amend the charter of Garden City; 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1017. By Messrs. McKenna, Phillips and Thornton of Bibb:
A bill authorizing the City of Macon to convey to First National Bank & Trust Company title in the public alley in Square 40 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.
The following general bills, favorably reported by the committees, were read the third time and put upon their passage:
HB 936. By Messrs. Bagby of Paulding, Twitty of Mitchell and others:
A bill to amend an act creating a Department of Public Safety, to change subsistence allowances; and for other purposes.
Senator Sanders of the 18th offered the following amendment:
Amend HB 936 by inserting a new sentence in Section 1 of said bill after the words and figures "All Troopers ... at $2,400.00 per year, each" to read as follows:
"Radio Operators and License Examiners of said Department though not members of the uniform battalion shall be compensated at a sum of $255.00 per month and they shall be entitled to the increases hereinafter provided for length of service on such base salary."
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 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.
HR 389. By Messrs. McClelland, Brooks and Smith of Fulton, McWhorter, Mackay and Rutland of DeKalb:
A resolution authorizing the granting of an easement to the City of Atlanta; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
MONDAY, FEBRUARY 15, 1960
545
On the adoption of the resolution, the ayes were 29, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 989. By Messrs. Twitty of Mitchell, Phillips of Columbia and others:
A bill relating to the State Revenue Commissioner, creation of the office, term, salary, bond and oath; and for other purposes.
The report 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 232. By Senators Redwine of the 26th, Cannon of the 40th and Jernigan of the 5th:
A bill to amend an act creating and establishing a Board of Funeral Service; so as to change the definition of the word "apprentice"; to change residence requirements; to change the requirements for the apprentice fee; and for other purposes.
The Committee on Health and Welfare offered the following substitute:
AN ACT
To amend an act creating and establishing a Board of Funeral Service, approved February 13, 1950 (Ga. Laws 1950, p. 238), to change the residence requirements for applicants; to change the requirements for the apprentice fee; to eliminate the reciprocal practice provisions; to change the examination requirements; to provide for a licensed funeral director for each establishment; to change the notice and service of charges provision; to change the provisions relating to the reissuance of revoked licenses; to provide for injunctions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An act creating and establishing a Board of Funeral Service, approved February 13, 1950 (Ga. Laws 1950, p. 238), is hereby amended by inserting after the first sentence in Section 8 the following sentence:
"Such application shall have attached thereto such proof as the Board shall prescribe to show that the applicant has been for one (1) year immediately preceding the date thereof a domiciliary actually residing in the State of Georgia."
so that as amended, Section 8 shall read as follows:
"Section 8. Application for license.--Any person desiring to engage in the practice of embalming or in the business or practice of funeral directing and who has not heretofore been licensed so to do shall make written application to the board through the Joint-
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Secretary, State Examining Boards, for such license. Such application shall have attached thereto such proof as the Board shall prescribe to show that the applicant has been for one (1) year immediately preceding the date thereof a domiciliary actually residing in the State of Georgia. Such application shall be upon such form and shall be submitted in such manner as shall be prescribed by the Board and the applicant shall pay such fee as may be fixed by the Board. Before issuing a license to practice funeral directing or embalming in this State the Board shall examine the applicant as to his qualifications and skill in either funeral directing or embalming, or both, as the case may be, and such examination shall be made in the manner hereinafter provided."
Section 2. Said act is hereby further amended by striking subsection (d) of paragraph (1) of Section 9 in its entirety and inserting in lieu thereof the following new subsection (d) of paragraph (1) of Section 9:
"(d) of good moral character, which fact shall be evidenced by
affidavit from funeral director or embalmer who are duly licensed by this board, actively practicing in Georgia and in the same establishment where the applicant served his apprenticeship."
Section 3. Said act is hereby further amended by striking subsection (b) of paragraph (2) of Section 9 in its entirety and inserting in lieu thereof the following new subsections (b) and (c) of paragraph (2) of Section 9:
"(b) have completed either before or after such scholastic training a minimum of 24 months of service as an apprentice embalmer, under the direct supervision of a licensed embalmer actively engaged in the practice of embalming in this State and in the same funeral establishment with the apprentice.
"(c) Applicants for embalmer's licensed must furnish as affidavit from such licensed embalmer that they have assisted in embalming at least 50 bodies giving full name of the deceased."
Section 4. Said act is hereby further amended by striking subsection (a) of paragraph (3) of Section 9 in its entirety and inserting in lieu thereof the following new subsection (a) of paragraph (3) of Section 9:
"(a) have completed thirty-six months as an apprentice funeral director under the direct supervision of a licensed funeral director actively engaged in the practice of funeral directing in this State and in the same funeral establishment with the apprentice."
Section 5. Said act is hereby further amended by inserting the word "annually" after the words "five dollars" in paragraph (4) of said Section 9, so that as amended, paragraph (4) of Section 9 shall read:
"(4) Each apprentice, upon commencing his apprenticeship, shall register as an apprentice with the Joint-Secretary and pay such fee as may be fixed by the Board. He shall notify the Board immediately upon completion of his apprenticeship and as evidence thereof, submit to the Board a sworn affidavit signed by the licensed embalmer or funeral director under whom such apprenticeship was served. The fee for registration of an apprentice shall at
MONDAY, FEBRUARY 15, 1960
547
no time exceed the sum of five dollars annually, and shall be paid and dispersed as other fees provided for under the terms of this act."
Section 6. Said act is hereby further amended by striking paragraph (5) of Section 9 in its entirety.
Section 7. Said act is hereby further amended by striking the last sentence of paragraph (2) of Section 10 in its entirety and inserting in lieu thereof the following two sentences:
"There shall be a practical examination with a cadaver consisting of whatever questions or demonstrations the Board deems appropriate. The written examination shall count 50%, while the oral and practical parts shall each count for 25% of the examination."
so that said paragraph (2) of Section 10, as amended, shall read as follows:
"(2) The examination for an embalmer's license shall consist of the propounding to such applicant in writing of not more than one hundred and fifty questions on such subjects, a knowledge of which the Board deems necessary in the practice of embalming, including the following: anatomy, pathology, bacteriology, hygiene and sanitary science, mortuary law, chemistry and restorative art, and not more than one hundred oral questions upon the same subjects. There shall be a practical examination with a cadaver consisting of whatever questions or demonstrations the Board deems appropriate. The written examination shall count 50%, while the oral and practical parts shall each count for 25% of the examination."
Section 8. Said act is further amended by striking the second and third sentences from Section 20 of said act and inserting in lieu thereof the following:
"Said Board shall prepare two copies of said written notice, and attach to each of said notices a copy of the charge preferred, and cause one of said copies to be mailed to the last known address of said licentiate or applicant for license against whom a charge has been preferred, and the second copy shall be mailed to the establishment where said person is known to have been last working as an apprentice, embalmer or director."
so that said Section 20, as amended, shall read as follows:
"Section 20. Institution of revocation proceedings, notice.-- Upon the presentation before the Board of any of the grounds enumerated in the preceding section or elsewhere in this act for revoking or refusing a license, it shall be the duty of the Board to cause written notices of the time and place of hearing upon the charge preferred, together with a copy of the charge, to be served upon the licentiate or applicant for license, as the case may be, twenty (20) days before the hearing. Said Board shall prepare two copies of said written notice, and attach to each of said notices a copy of the charge preferred, and cause one of said copies to be mailed to the last known address of said licentiate or applicant for license against whom a charge has been preferred, and the second copy shall be mailed to the establishment where said person is known to have been last working as an apprentice, embalmer or director."
Section 9. Said act is further amended by striking the last sentence of Section 25 and inserting in lieu thereof the following sentence:
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"Any person desiring restoration of such rights and privileges shall be held to the same requirements as are persons who have not previously been licensed as such in this State."
so that said Section 25, as amended, shall read as follows:
"Section 25. Reinstatement of revoked license.--At any time after the final termination of the proceeding refusing or revoking a license, the Board may, by a majority vote, issue a new license or grant a license to a person affected, restoring and conferring all the rights and privileges of and pertaining to the practice of embalming or funeral directing as defined and regulated by this act. Any person desiring restoration of such rights and privileges shall be held to the same requirements as are persons who have not previously been licensed as such in this State."
Section 10. Said act is hereby further amended by striking the last sentence of Section 27 in its entirety and inserting in lieu thereof the following:
"On satisfactory proof to the Judge of said Superior Court that such illegal practice or business of funeral directing or embalming is being carried on, he shall issue a temporary injunction against the party or parties operating such practice or business until they have qualified and been licensed under the terms of this act."
so that Section 27, as amended, shall read as follows:
"Section 27. Affecting public interest. Illegal practice. Nui sance. Abatement.--The practice of embalming or funeral directing as in this act defined, is hereby declared to be a business or profession affecting the public interest and involving the health and safety of the public. Such practice by a person who is not licensed so to do in this State is declared to be a public nuisance, and any citizen of this State, or the Board, or the solicitor general of the circuit where such practice is carried on by such unlicensed person, on behalf of the public, may bring a petition in the superior court of the county where such nuisance exists or is carried on to restrain and abate the same. On satisfactory proof to the Judge of said superior court that such illegal practice or business of funeral directing or embalming is being carried on, he shall issue a temporary injunction against the party or parties operating such practime or business until they have qualified and been licensed under the terms of this act."
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 32, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
MONDAY, FEBRUARY 15, 1960
549
HR 318. By Messrs. Sheffield of Brooks, Matthews of Colquitt, and many others:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the provisions relating to the terms of members of the General Assembly; to provide an effective date; to provide for the submission of this amendment for rejection or ratification; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article III of the Constitution is hereby amended by striking paragraphs I and II of Section IV in their entirety and inserting in lieu thereof new paragraphs I and II of Section IV, to read as follows:
"Paragraph I. The members of the General Assembly shall be elected for four years and shall serve until the time fixed by law for the convening of the General Assembly in the year following the fourth year of such members' term of office. The provisions of this Paragraph shall apply to all members of the General Assembly elected in the year 1960 and every four years thereafter.
"Paragraph II. The first election for members of the General Assembly under this Constitution shall take place on Tuesday after the first Monday in November 1960 and subsequent elections quadrennially on that date until the date of election is changed by law. The first election for four year terms shall take place in November 1960."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia 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 four year terms of members of the General Assembly.
"Against ratification of amendment to the Constitution so as to provide for four year terms of members of the General Assembly."
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 election for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
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The Committee on Rules offered the following amendment: Amend HR 318 as follows:
(1) By striking from the last sentence in paragraph I, section 1, "the year 1960" and by inserting and substituting in lieu thereof, the words: "the year 1962."
(2) By striking from paragraph II, section 1, wherever they appear, the words "November 1960" and by inserting and substituting in lieu thereof, the words: "November 1962."
(3) By adding a new section to be known as section 2, as follows: By striking paragraph I, of section 11 of Article III of the Constitution in its entirety and by substituting in lieu thereof a new paragraph I to read as follows:
"The Senate shall consist of not more than eighty members and there shall be not more than eighty Senatorial Districts with one Senator from each District. No County shall be in more than one Senatorial District. The General Assembly is hereby authorized and empowered to create, rearrange and change such districts within the limitations herein stated. Until such time as the General Assembly provides for more than fifty-four Senatorial Districts, the Senate shall consist of not more than fifty-four members, as at present, but the General Assembly shall have the right to create, rearrange and change such Districts."
(4) By re-numbering Section 2 of the house resolution so as to make it "Section 3" and by amending said Section 3 respecting the language to be printed on the ballot so as to strike said language as it appears in the House resolution and by substituting the following:
"For ratification of amendment to the Constitution so as to provide for four year terms of members of the General Assembly and for increase in the authorized number of Senators and Senatorial Districts and for the restriction that no county can be in more than one Senatorial District.
"Against ratification of amendment to the Constitution so as to provide for four year terms of members of the General Assembly and for increase in the authorized number of Senators and Senatorial Districts and for the restriction that no county can be in more than one Senatorial District."
(5) By amending the caption of the House resolution to include reference to the provisions added by amendment so that the caption shall read as follows:
A RESOLUTION
"Proposing an amendment to the Constitution so as to change the provisions relating to the terms of members of the General Assembly; to authorize an increase in the number of Senators and Senatorial Districts and to prohibit one county from being in more than one Senatorial District; to provide an effective date; to provide for the submission of this amendment for rejection or ratification; and for other purposes."
On the adoption of the amendment, the ayes were 35, nays 4, and the amendment was adopted.
MONDAY, FEBRUARY 15, 1960
551
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 36, nays 10.
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:
Brooks
Buff Cannon Carlisle Crowe Culpepper Darby Doster Edenfield Gearreld Hays Holt
Home
Jernigan Land Lindsey of llth Lindsey of 53rd Marshall Marshburn Mercer Mobley McGill Nixon Perry
Purcell
Redwine Roach Roper Sanders Screws Shaw Skelton Slade Vaughn Watson Woodall
Those voting in the negative were Senators:
Adams Barrett of 32nd Barrett of 45th Breedlove
Clary Drew Holton Lanier
Livingston Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 36, nays 10.
The resolution, having received the requisite constitutional two-thirds majority, was adopted as amended.
HR 378. By Mr. Singer of Stewart:
A RESOLUTION
Proposing to the qualified voters of Stewart County an amendment to Article VII, Section VII, Paragraph V, of the Constitution of Georgia of 1945, so as to authorize Stewart County to issue certain revenue anticipation obligations known as revenue bonds for the purposes therein stated.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph V, of the Constitution of the State of Georgia is hereby amended by adding at the end of Paragraph V the following:
"Provided further, that revenue anticipation obligations herein
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called revenue bonds may be issued by Stewart County herein called the issuer, to provide funds for the purchase, construction, enlargement, or either of facilities, including land, buildings, appurtenances, machinery and equipment, suitable for use by (a) any industry for manufacturing, processing, or assembling any agricultural or manufactured product or (b) any commercial enterprise in storing, warehousing, distributing or selling products of agriculture, mining and industry, or any combination thereof. Such facilities may be leased or sold by the issuer to such industry or commercial enterprise upon such terms as may be agreed upon, subject to the lien of the revenue bonds upon the revenue of the facilities involved. No sale shall be completed and title to the facility shall remain in the issuer until all revenue bonds outstanding secured by the revenue of such undertaking shall have been paid in full.
"The revenue bonds shall be payable, as to principal and interest, only from revenue received from such undertaking, and shall not be deemed debts of, or create debts against the issuer within the meaning of this Constitution; and the issuer shall not exercise the power of taxation for the purpose of paying the principal or interest of the revenue bonds or any part thereof. Such revenue bonds, their transfer the income therefrom, the security therefor, and until the payment in full of the obligation such facilities shall at all times be exempt from taxation from within the State. Bonds may be issued bearing rate or rates of interest and maturing at the years and amounts determined by the governing body of the issuer and when so authorized the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, Code, Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder. Upon the adoption of this amendment the issuer may proceed to comply with the provisions hereof immediately without any further action on the part of the General Assembly."
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 to the voters 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 Article VII, Section VII, Paragraph V, of the Constitution authorizing Stewart County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce."
"Against ratification of amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Stewart County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce."
If a majority of the electors of said county qualified to vote for members of the General Assembly, voting thereon, shall vote for ratifi-
MONDAY, FEBRUARY 15, 1960
553
cation thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article VII, Section VII, Paragraph V, of the Constitution of this State, and the Governor 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 Barrett of 45th Breedlove Brooks Buff Cannon Carlisle Clary Crowe Culpepper Darby
Doster
Edenfield
Gearreld Hays Holt Holton Home Land Lanier Lindsey of 53rd Livingston Marshall Marshburn
Mercer
Mobley
McGill Pannell Roper Sanders Screws Shaw Skelton Vaughn Watson Woodall
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
HR 367. By Messrs. Gowen and Killian of Glynn:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the creation of a Brunswick Ports Authority; 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 VII, Section VII, Paragraph V of the Constitution, as amended, is amended by adding at the end thereof the following:
"The General Assembly is authorized to create an instrumentality and department of the State of Georgia to be known as the Brunswick Ports Authority, and to provide for its powers and functions. Act number 314 of the Acts of the General Assembly of 1945 (Ga. Laws 1945, p. 1023) as amended by House Bill number 1053 of the General Assembly of 1958 (Ga. Laws 1958, p. 82) is hereby ratified and confirmed, so that the said Acts shall have the same force and effect as if they had been enacted subse-
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quent to the ratification of this amendment to the Constitution; provided, however, that nothing herein shall prevent the General Assembly from amending said Acts, so as to add and enlarge powers of the Authority."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the creation of a Brunswick Ports Authority.
"Against ratification of amendment to the Constitution so as to authorize the creation of a Brunswick Ports Authority."
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 Barrett of 45th Breedlove Brooks Brown Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster Drew
Gearreld
Hays Holt Holton Home Jernigan Lanier Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley McGill
Nixon
Pannell Perry Redwine Roach Roper Screws Shaw Skelton Slade Vaughn Watson Woodall Wright
MONDAY, FEBRUARY 15, 1960
555
By unanimous consent, 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 two-thirds majority, was adopted.
HE 391. By Messrs. Cheatham, McGee and Brennan of Chatham:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Savannah Transit Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution, as amended, is amended by inserting at the end thereof the following:
"The public corporation named and known as the Savannah Transit Authority heretofore created by Act of the General Assembly of Georgia is hereby recognized to be and is hereby created a constitutional body, corporate and politic, serving the public good within the territory embraced by Chatham County, the Port District of Savannah and the municipalities and political subdivisions lying within said territory.
"Said Authority is created for the purpose of fostering and assuring the development of a mass rapid transit system within its territory.
"All property of said authority and the securities issued by it shall be exempt from taxation and it shall have, in addition to the duties, powers, privileges, exemptions and immunities customarily possessed by public corporations, such other and further duties, powers, privileges, exemptions and immunities as have been and may be from time to time conferred upon it by the General Assembly, except that said authority shall not be empowered to obligate the State of Georgia, or any county, municipality, political subdivision or public body of the State to pay any of its debts; said authority shall be authorized to receive and to use for its public purposes any grant or use of money, right, power, privilege, exemption or immunity which said State or any state, county, city, or other political subdivision or public body may by appropriate and lawful action confer upon it.
"Said authority shall consist of not less than five nor more than seven members, who shall be or have been appointed as provided by law, to serve for periods of not less than one year nor more than five years. Said Authority shall appoint a chairman, a secretary, and a treasurer and may appoint such other officers as may be provided for by law. A majority of the members appointed and serving shall constitute a quorum.
"Members shall be resident in Chatham County and shall be eligible to serve and to be reappointed to serve during such resi-
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dency, except that no person shall be eligible for membership who at the time of the approval of this amendment or at anytime within one year prior to such approval, holds or shall have held any remunerative public office or position or employment for compensation (except as an independent contractor), with the United States, the State of Georgia, or any political subdivision of either, and no member later appointed shall be eligible to serve who has held any such remunerative office, position or employment within one year prior to his appointment or who holds such an office, position or employment at the time of his appointment or who accepts the same during the term to which he is appointed."
SECTION 2
When the above proposed amendments to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to crate the Savannah Transit Authority.
"Against ratification of amendment to the Constitution so as to create the Savannah Transit Authority."
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 Barrett of 45th Breedlove Brooks Buff Cannon
Carlisle
Clary Crowe Culpepper Darby Doster Edenfield
Gearreld
Hays Holt Holton Home Land Lanier
MONDAY, FEBRUARY 15, 1960
557
Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley
McGill Pannell Roper Sanders Screws Shaw
Skelton Vaughn Watson Woodall
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
HR 408. By Messrs. Hodges of Ware, and Parker of Ware:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia, to empower the Board of County Commissioners of Ware County, for regulatory and revenue purposes, and to assess and collect license fees and occupational taxes against any person, firm or corporation who may engage in any type of business in Ware County outside of the incorporated limits of Waycross, with the right and power to classify businesses and assess different license fees and occupational taxes against different classes of business, and with the further power to the Commissioners to exercise police powers in the County, outside the incorporated limits of Waycross over any businesses in the interest of the public welfare, health and security of the people of Ware County, and to adopt rules and regulations to effectuate the powers herein granted and to enforce the payment of the license fees and taxes, and to provide that a violation of the rules and regulations may be punishable as a misdemeanor, and further, to provide that no enabling legislation by the General Assembly shall be necessary for the exercise of the powers herein granted, but that the General Assembly may at any time modify, alter, restrict, and limit the powers herein granted; to provide for 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 IV, Paragraph I (Code 2-5701) of the Constitution of the State of. Georgia is amended by adding thereto the following new paragraph, to wit:
"The Board of County Commissioners of Ware County, Georgia, shall have the right and power, for regulatory and revenue purposes to levy, assess, and collect license fees and occupational taxes from any persons, firms or corporations (except those subject to regulation by the State Public Service Commission) who may maintain a place of business in any area of Ware County outside the incorporated limits of Waycross; and in levying and assessing such license fees and occupational taxes the Commissioners shall have the right and power to classify businesses and to assess different license fees and taxes against different classes
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of businesses. To provide for public welfare, health and security of the people of Ware County, the Board of County Commissioners shall have the right to regulate and exercise police powers over any businesses operated in the County outside the incorporated limits of said County (except those subject to regulation by the State Public Service Commission) and to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted, including the right to enforce payment of the license fees and occupational taxes by the issuance and levy of executions, and to provide that a violation of any such regulations adopted by the Board of County Commissioners shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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 Article VII, Section IV, Paragraph I of the Constitution authorizing the Board of County Commissioners of Ware County to assess and collect license fees and occupational taxes upon businesses in Ware County outside the incorporated limits of Waycross and to regulate same.
"Against ratification of amendment to Article VII, Section IV, Paragraph I of the Constitution authorizing the Board of County Commissioners of Ware County to assess and collect license fees and occupational taxes upon businesses in Ware County outside the incorporated limits of Waycross and to regulate same."
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:
MONDAY, FEBRUARY 15, 1960
559
Those voting in the affirmative were Senators:
Adams Barrett of 32nd Barrett of 45th Breedlove Brooks Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster
Edenfield Gearreld Hays Holt Holton Home Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer
Mobley McGill Pannell Roper Sanders Screws Shaw Skelton Vaughn Watson Woodall
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
HR 320. By Mr. Gowen of Glynn and Killian of Glynn:
A RESOLUTION
Proposing an amendment to the Constitution so as to relieve the Sheriff of Glynn County of his statutory duties as Jailer in the event the County of Glynn contracts with the City of Brunswick for jail facilities and to provide that the City Marshal shall perform such duties; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"In the event the County of Glynn contracts with the City of Brunswick so that said city provides jail facilities for said county, the Sheriff of Glynn County, during the term of such contract, shall be relieved of his statutory duties as Jailer and shall not be required to perform such duties. The City Marshal of Brunswick shall perform such duties."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to relieve the Sheriff of Glynn County of his statutory duties as Jailer in the event the County of Glynn contracts with the City of Brunswick for jail facilities and to provide that the City Marshal shall perform such duties.
"Against ratification of amendment to the Constitution so as to relieve the Sheriff of Glynn County of his statutory duties as Jailer in the event the County of Glynn contracts with the City of Brunswick for jail facilities and to provide that the City Marshal shall perform such duties."
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 Barrett of 45th Breedlove Brooks Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster
Edenfield
Gearreld Hays Holt Holton Home Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer
Mobley
McGill Pannell Roper Sanders Screws Shaw Skelton Vaughn Watson Woodall
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
MONDAY, FEBRUARY 15, 1960
561
HR 376. By Messrs. NeSmith and Hill of Meriwether:
A RESOLUTION
Proposing to the qualified voters of Meriwether County an Amendment to Article VII, Section VII, Paragraph V, of the Constitution of Georgia of 1945, so as to authorize Meriwether County to issue certain revenue anticipation obligations known as revenue bonds for the purpose therein stated.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section VII, Paragraph V, of the Constitution of the State of Georgia is hereby amended by adding at the end of Paragraph V the following:
Provided further, that revenue anticipation obligations herein called revenue bonds may be issued by Meriwether County herein called the issuer, to provide funds for the purchase, construction, enlargement, or either of facilities, including land, buildings, appurtenances, machinery and equipment, suitable for use by (a) any industry for manufacturing, processing, or assembling any agricultural or manufactured product or (b) any commercial enterprise in storing, warehousing, distributing or selling products of agriculture, mining and industry, or any combination thereof. Such facilities may be leased or sold by the issuer to such industry or commercial enterprise upon such terms as may be agreed upon, subject to the lien of the revenue bonds upon the revenue of the facilities involved. No sale shall be completed and title to the facility shall remain in the issuer until all revenue bonds outstanding secured by the revenue of such undertaking shall have been paid in full.
The revenue bonds shall be payable, as to principal and interest, only from revenue received from such undertaking, and shall not be deemed debts of, or create debts against the issuer within the meaning of this Constitution; and the issuer shall not exercise the power of taxation for the purpose of paying the principal or interest of the revenue bonds or any part thereof. Such revenue bonds, their transfer the income therefrom, the security therefor, and until the payment in full of the obligation such facilities shall at all times be exempt from taxation from within the State. Bonds may be issued bearing rate or rates of interest and maturing at the years and amounts determined by the governing body of the issuer and when so authorized the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761) as amended, Code, Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder. Upon the adoption of this amendment the issuer may proceed to comply with the provisions hereof immediately without any further action on the part of the General Assembly.
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on their journals- with the "Ayes" and "Nays" taken thereon, such pro-
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posed amendment shall be published and submitted to the voters 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 Article VII, Section VII, Paragraph V, of the Constitution authorizing Meriwether County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce."
"Against ratification of amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Meriwether County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce."
If a majority of the electors of said county qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article VII, Section VII, Paragraph V, of the Constitution of this State, and the Governor 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 Barrett of 45th Breedlove
Brooks
Buff Cannon Carlisle
Clary Crowe
Culpepper Darby
Doster
Edenfield
Gearreld Hays Holt
Holton
Home Land Lanier
Lindsey of 53rd Livingston
Marshall Marshburn
Mercer
Mobley
McGill Pannell Roper
Sanders
Screws Shaw Skelton
Vaughn Watson
Woodall
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional two-third majority, was adopted.
HR 377. By Mr. Bozeman of Thomas: A RESOLUTION
Proposing an amendment to the Constitution of the State of Geor-
MONDAY, FEBRUARY 15, 1960
563
gia so as to create a body corporate and politic and an instrumentality of the City of Thomasville to be known as the Thomasville Payroll Development Authority; to provide the manner in which the name of such Authority may be changed; to provide its scope and jurisdiction to include all the territory embraced within the limits of Thomas County; to provide the purposes, duties, control, powers, organization, authority, funds and procedures of said Authority; to provide for the duties and powers of the City of Thomasville with respect to said Authority; to provide for the issuing of revenue- anticipation certificates under the provision of the Revenue Certificate Law of 1937 as amended, and for the validation of such certificates; to authorize and empower the City of Thomasville to levy and collect an annual ad valorem tax for the purpose of developing and promoting industry within the City of Thomasville and the County of Thomas and to payover all funds derived from the levy of such taxes to the said Authority; to limit the amount of taxes that can be so levied for such purpose; to declare that the corporation of said Authority is for a public purpose; to provide that all property of said Authority, all bonds, revenueanticipation certificates and other evidences of indebtedness of said Authority and the income paid therefrom shall be exempt from taxation; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic to be known as the Thomasville Payroll Development Authority; which shall be deemed to be an instrumentality of the City of Thomasville and a public corporation, and in that name, style and title said body may contract and be contracted with, sue and be sued, plead and be interpleaded, and complain and defend in all courts of law and equity. In the event the name of said Authority shall ever become the subject of change same may be accomplished by an Act of the General Assembly.
"B. The said Authority is created for the purpose of expanding and developing industry in the City of Thomasville and County of Thomas and for improving the general welfare of said county.
"C. The said Authority shall consist of five (5) members, one of whom shall be the Mayor of the City of Thomasville; one of whom shall be the Chairman of the Board of Commissioners of Roads and Revenues of Thomas County; one of whom shall be the President of the Thomasville-Thomas County Chamber of Commerce; the remaining two members shall be appointed by the Commissioners of the City of Thomasville.
(1) The terms of office of the members representing the Mayor of the City of Thomasville, the Chairman of the Board of Commissioners of Roads and Revenues of Thomas County, and the President of the Thomasville-Thomas County Chamber of Commerce, shall run concurrently with their tenure of office, and their successor in such respective offices shall succeed them as members of the said Authority.
(2) The term of office as a member of the Authority with respect to the two remaining members shall be three years and until their successor is elected and qualifies. In case of a vacancy the Commis-
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sioners of the City of Thomasville shall elect a successor whose term shall be for three years, and until his successor is elected and qualifies.
(3) Upon election or qualifying by virtue of holding the office of Mayor of the City of Thomasville, President of the Thomasville-Thomas County Chamber of Commerce or Chairman of the Board of Commissioners of Roads and Revenues of Thomas County the members shall subscribe to the following oath which shall be filed in the office of the Clerk of the City of Thomasville, to-wit: "I do solemnly swear that I will fully and fairly perform the duties as a member of the Thomasville Payroll Development Authority without remuneration, So Help Me God."
(4) In the event the Mayor of the City of Thomasville, The President of the Thomasville-Thomas County Chamber of Commerce or the Chairman of the Board of Commissioners of Roads and Revenues of Thomas County shall resign as a member of said authority during their term of office, or fail and refuse to qualify and take the prescribed oath, then there shall be deemed a vacancy which may be filled by the Commissioners of the City of Thomasville by election of a member whose term shall run concurrently with the term of office of such official refusing to qualify and serve.
(5) The members of the said Authority shall be entitled to no compensation.
"D. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:
(1) The word "Authority" shall mean the "Thomasville Payroll Development Authority", created hereby.
(2) The word "Project" shall be deemed to mean and include the acquisition of lands, properties and improvements for development, expansion and promotion of jobs and payrolls in industry, commerce, agriculture and natural resources; the construction of buildings and plants or the acquisition of equipment for the purpose of selling, leasing or renting such structures or equipment to private persons, firms or corporations.
(3) The term "cost of project" shall embrace the cost of construction, cost of lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction, architectural and legal expenses, and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and placing the same in operation; provided, however, that in no event shall entertainment or promotional expenses be considered a part of the cost of any project.
"E. The County of Thomas and the City of Thomasville are expressly authorized to enter into contracts with the Authority as a public corporation.
"F. Any three (3) members shall constitute a quorum for the transaction of ordinary business of the Authority; however, any action
MONDAY, FEBRUARY 15, 1960
565
with respect to any project of the Authority must be approved by not less than three (3) affirmative votes.
"G. The powers of the Authority herein created shall include, but not limited to, the power:
(1) To have a seal and alter the same at pleasure.
(2) To contract and be contracted with, sue and be sued, implead or be impleaded, and complain and defend in all courts of law and equity, to contract with the City of Thomasville and the County of Thomas, and other municipalities and other political subdivisions and with private persons and corporations.
(3) To acquire, hold, and dispose of personal property, including the stock of other corporations for its corporate purposes.
(4) To buy, acquire, receive as gifts, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage as well as execute deeds to secure debt to and for land, buildings, and property of all kinds within the County of Thomas.
(5) To enter into contracts for periods of time not in excess of one hundred (100) years.
(6) To acquire in its own name by purchase on such terms and conditions, and in such manner as it may deem proper, or by condemnation in accordance with the provision of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easement therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept any pay for any property condemned under the authority hereby granted except from funds provided under the authority hereby granted, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the Authority and to the owners of the property to be condemned. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall be in the County of Thomas and/or the City of Thomasville, the governing authorities of the County of Thomas and the City of Thomasville are authorized in their discretion to convey title to such lands, including any improvements thereon, to the Authority.
(7) To encourage and promote the expansion of industry, trade, agriculture, commerce and recreation in the City of Thomasville, County of Thomas, and to make a long range plan therefor.
(8) To appoint and select officers, agents, and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and to fix their compensation.
(9) To make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects, and leases, and rental and sale of projects, or contracts with respect to the use of projects, which it erects or acquires.
(10) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, sell, equip, expand, add to, operate and manage proj-
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ects and to pay the costs of any such project from the proceeds of revenue-anticipation certificates or bonds or any other income of the Authority, or from any contribution or loans by persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use.
(11) To elect its own officers from the membership of the Authority; to elect an executive director who is not required to be a member of the Authority; and to authorize and empower such officers to act for the Authority generally or in any specific matter.
(12) To issue revenue-anticipation certificates for the purpose of paying all or any part of the cost of any project of the Authority. To exercise all of the rights, powers and privileges and be subject to the same liabilities as a municipality under the provisions of the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761-774), and as subsequently amended, with reference to the issuance of such revenue-anticipation certificates and validation of same insofar as such pertain to the corporate purposes of the Authority.
(13) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds or property pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof.
(14) To use the rents, profits and proceeds from the projects erected, leased or sold, to provide maintenance for such projects, and to -discharge the principal and interest of revenue bonds or certificates issued by the Authority.
(15) To borrow money for any of its corporate purposes and to execute debentures, bonds, notes, mortgages, deeds to secure debt, trust deeds and other such instruments as may be necessary or convenient to evidence and secure such borrowing.
(16) To do all things within its powers to encourage industrial growth and agricultural development in Thomas County, and to encourage the location of new industries in said county.
(17) To exercise any power granted by the laws of the State of Georgia to public or private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State.
(18) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested.
(19) To receive and administer gifts, grants and donations and to administer trusts.
(20) To do all things necessary and convenient to carry out the powers expressly conferred by this Resolution upon the Authority.
(21) To adopt, alter or repeal its own by-laws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business.
"H. The City of Thomasville is hereby authorized to levy and collect an annual ad valorem tax not to exceed one (1) mill for developing and promoting industry and agriculture, and is hereby directed to pay
MONDAY, FEBRUARY 15, 1960
567
the Authority all funds derived from such levy to be used for the purposes provided herein.
"I. It shall be the duty of the Authority to have all persons handling funds of the Authority fully and adequately bonded for their faithful accounting for such funds.
"J. The Authority shall not be allowed to create in any manner any debt, liability or operation, against the City of Thomasville, the State of Georgia, nor Thomas County.
"K. The property, obligations and interest on the obligations of the Authority shall have the same exemptions from taxation as the property, obligations and interest on the obligations of the City of Thomasville.
"L. The exemptions from taxation herein provided shall not extend to tenants nor lessees of the Authority; and shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority.
"M. All projects of the Authority shall be on a self-liquidating basis, and the Authority shall not make gifts, directly or indirectly, to any person, firm or corporation.
"N. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution, shall revert to the City of Thomasville subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property.
"0. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent independent auditor; and a copy of the same shall be filed with the Clerk of the City of Thomasville, and shall be available for public inspection; the City of Thomasville may at any time, at its own expense, have such books and records audited."
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 proposed 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 amendment to Constitution so as to create the Thomasville Payroll Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith." "Against ratification of amendment to Constitution so as to create the Thomasville Payroll Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per-
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sons 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 same 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 Barrett of 45th Breedlove Brooks Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster
Edenfield Gearreld Hays Holt Holton Home Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer
Mobley McGill Pannell Roper Sanders Screws Shaw Skelton Vaughn Watson Woodall
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
HR 412. By Messrs. Winkle and Smith of Whitfield:
A RESOLUTION
Proposing an amendment to Article VII, Section IV, Paragraph II, of the Constitution of Georgia so as to provide for the establishment of Fire Prevention District in Whitfield County outside municipalities; to provide for the levy of a tax to defray the cost of fire protection for the fire district; to provide for the issuance of bonds; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section IV, Paragraph II, of the Constitution of Georgia, relating to Districting of Counties is hereby amended by adding at
MONDAY, FEBRUARY 15, 1960
569
the end thereof a new paragraph properly numbered, and to read as follows:
"The governing authority of the County of Whitfield is hereby given power and authority to create, establish, maintain and administer within the County of Whitfield, outside municipalities in said County, districts for fire protection, and to establish and administer district systems of fire protection; to construct, maintain and operate any water system or water mains and fire hydrants necessary or incidental thereto, and to acquire and maintain fire fighting equipment and facilities for housing same; to contract with municipal corporations to furnish fire protection in said districts; and to levy taxes therefor on all property in said districts upon the vote of a majority of the qualified voters in said district voting at the special election to be called by the Ordinary of said County and to be held in said district upon said question; provided, that such taxes shall not exceed five mills upon valuation of the property located in any such district. In event bonds are issued by the County for a specific district, a tax may be levied therein unlimited as to rate or amount. Bonds may be issued for such purposes, and if issued, shall be authorized in all respects as provided in Article VII, Section VII, Paragraph I of the Constitution at an election called and held by the governing authority or body charged with the duty of managing the fiscal affairs of Whitfield County, and only those voters residing in such district shall participate in such election held for that purpose. Any other provision in this Constitution to the contrary notwithstanding, any such district may issue bonds in any amount up to ten percent of the assessed valuation of property located therein subject to taxation and for bond purposes. Provided further, that the homestead exemption granted by Article VII, Section I, Paragraph IV, of the Constitution and the statutes enacted pursuant thereto, shall not be granted and shall not apply to the levy of taxes herein authorized and provided for, either for operation and maintenance of the system or for debt service."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays", taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended.
The ballot submitting the proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the creation of fire protection districts in Whitfield County and the levying of taxes and issuance of bonds related thereto."
"Against ratification of amendment to the Constitution so as to authorize the creation of fire protection districts in Whitfield County and the levying of taxes and issuance of bonds related thereto."
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.
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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.
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 Barrett of 45th Breedlove Brooks Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster
Edenfield Gearreld Hays Holt Holton Home Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer
Mobley McGill Pannell Roper Sanders Screws Shaw Skelton Vaughn Watson Woodall
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
HR 418. By Mr. Todd of Glascock:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Glascock County by the people; to provide for the submission of this amendment for rejection or ratification; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution relating to County Boards of Education, as amended, is hereby amended by adding at the end thereof the following:
"The Board of Education of Glascock County shall be composed of five members to be elected by the voters of the entire County.
MONDAY, FEBRUARY 15, 1960
571
One member of the Board of Education shall be elected from each Militia District in said County, to-wit: Militia Districts 1167, 1168, 1169, and 1234. The remaining member may reside in many Militia District of the County and shall be a member-at-large of said Board of Education. Any person offering as a candidate to represent a Militia District on the Board must reside in the District from which he offers, but all members shall be elected by the voters from the entire County.
"In the event this amendment is ratified, it shall be the duty of the Ordinary of Glascock County to issue the call for election, which call shall be issued at least ten days prior to the date of such election. The Ordinary shall set the date for such election during the month of December 1960. Such election shall be for the purpose of electing the first members of the Board of Education of Glascock County created under this amendment. It shall be the duty of the Ordinary to publish the date of the election and the purpose thereof at least once preceding the election, in the official organ of Glascock County. The members elected at such election shall take office January 1, 1961, and shall serve for a term of four years and until their successors are elected and qualified Future elections shall be held every four years at the same time as elections for members of the General Assembly are held and the members elected shall take office on the first day of January immediately following the election. All future members shall likewise serve for a term of four years and until their successors are elected and qualified.
"The Board of Education in Glascock County in existence at the time of ratification of this amendment is hereby abolished December 31, 1960, and the terms of all members of such Board shall expire at that time.
"The Board of Education of Glascock County as provided for herein shall be subject to all constitutional and 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, 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 the election of members of the Board of Education of Glascock County by the people.
"Against ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Glascock County by the people."
All persons desiring to vote in favor of adopting the proposed
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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 Barrett of 45th Breedlove Brooks Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster
Edenfield Gearreld Hays Holt Holton Home Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer
Mobley McGill Pannell Roper Sanders Screws Shaw Skelton Vaughn Watson Woodall
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
HR 368. By Mr. Sheffield of Brooks:
A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I of the Constitution of the State of Georgia, so as to provide for the merger of the existing independent school system of the City of Quitman and the existing school district of Brooks County lying outside the corporate limits of said City, into one school system coextensive with the limits of Brooks County; to provide for a Board of Education; to provide that the existing office of Brooks County School Superintendent shall cease to exist; to provide for the appointment of a school Superintendent by the Board of Education; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
MONDAY, FEBRUARY 15, 1960
573
SECTION 1
Article VII, Section V, Paragraph I of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following:
"The existing independent school system of the City of Quitman and the existing school district of Brooks County lying outside the corporate limits of the City of Quitman are merged hereby into one school system coextensive with the limits of Brooks County, which shall be known as the Brooks County School System. The existing independent school system of the City of Quitman and the existing school district of Brooks County lying outside the corporate limits of the City of Quitman shall cease to exist. Brooks County School System shall constitute a political subdivision of the State of Georgia separate from the political entities of the City of Quitman and Brooks County.
"Brooks County School System is authorized to incur bonded indebtedness for the purpose of constructing, erecting, enlarging, repairing, improving and equipping school buildings and facilities and for acquiring the necessary property therefor.
"Brooks County School System is vested with the power to conduct a system of public education throughout the limits of said County and with all powers and authority granted to public school systems and districts by the Constitution and laws of the State of Georgia.
"Brooks County shall be divided into six Education Districts as follows:
"Education District No. 1 shall include the area lying within the boundaries of Georgia Militia Districts #1230 (Dry Lake) and #1712 (Williams), as now organized.
"Education District No. 2 shall include the area lying within the boundaries of Georgia Militia District #659 (Nankin) and all of the area lying within the boundaries of Georgia Militia District #1199 (Quitman), as now organized, except that portion which lies within the corporate limits of the City of Quitman as now existing or later established.
"Education District No. 3 shall include the area lying within the boundaries of Georgia Militia District #1402 (Dixie), #1198 (Grooverville), #1412 (Hickory Head) and #1718 (Empress), as now organized.
"Education District No. 4 shall include the area lying within the boundaries of Georgia Militia Districts #1571 (Barney) and #790 (Tallokas), as now organized.
"Education District No. 5, shall include the area lying within the boundaries of Georgia Militia Districts #660 (Morven) and #1650 (Briggs), as now organized.
"Education District No. 6 shall include the area lying within the boundaries of the corporate limits of the City of Quitman as now existing or later established.
"The administration of Brooks County School System shall be
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vested in a Board to be known as Brooks County Board of Education. Said Board shall consist of seven members. One member shall reside in and be chosen from Education District No. 1; one member shall reside in and be chosen from Education District No. 2; one member shall reside in and be chosen from Education District No. 3; one member shall reside and be chosen from Education District No. 4; one member shall reside and be chosen from Education District No. 5; and two members shall reside in and be chosen from Education District No. 6. The members of said Board shall receive such compensation as is provided by law for members of county school boards, or $15 per month whichever amount is larger.
"The persons serving as members of the existing Brooks County Board of Education on the 1st day of January 1961, shall become members automatically of the new Brooks County Board of Education created by this amendment. The term of office of said members residing in Education Districts Nos. 4 and 5 shall expire on the last day of December, 1962. The term of office of said members residing in Education Districts Nos. 1, 2 and 3 shall expire on the last day of December, 1964.
"On the first Tuesday in December in the year 1960, an election shall be held for the purpose of electing two members of the new Brooks County Board of Education (created by this amendment) from Education District No. 6. The Ordinary of Brooks County, Georgia shall issue the call for such election within 5 days after the general election in the year 1960. Such members shall take office on the first day of January, 1961. The term of office of the member receiving the highest number of votes shall expire on the last day of December, 1964. The term of office of the other member shall expire on the last day of December, 1962. The candidates for such offices who desire that their names appear on the printed ballot shall file written notice of their candidacy with the Ordinary of Brooks County, Georgia at least 15 days before the date of such election. All of the voters in Brooks County who were qualified to vote in the general election in 1960 shall be eligible to vote in such election. The laws governing elections of members of the General Assembly of Georgia shall govern such election and future elections in so far as they are applicable.
"Except in case of vacancies, the successor to each member of the new Brooks County Board of Education created by this amendment shall be elected in the year in which the term of office of said member will expire and at the same time and in the same manner as members of the General Assembly of Georgia are elected. Except in case of vacancies, the term of office of each member of said Board elected by the people at a general election shall be for four years beginning with the first day of January following his election. Each member of said Board shall serve until his successor is elected and qualified. Vacancies in the membership of said Board shall be filled by the remaining members of said Board. Successor members elected by the Board to fill vacancies shall serve until the next general election at which time a successor member shall be elected to fill the unexpired term.
"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 shall be eligible for membership on the Board
MONDAY, FEBRUARY 15, 1960
575
unless he has resided in the Education District from which he offers as a candidate for at least one year immediately preceding the date of the election. If any member of the Board shall change his residence from the Education District that he represents he shall no longer represent that District and a successor shall be elected as provided in this amendment. No person shall be eligible to hold office as a member of said Board who is not a freeholder in Brooks County, who is not of good moral character, or who is not qualified to vote for members of the General Assembly. In addition to the qualifications set forth in this amendment, no person shall be eligible to hold office as a member of said Board unless he has all of the other qualifications provided by law for county school board members not in conflict with those set forth in this amendment. The qualified voters of Brooks County shall be authorized to vote for the election of all members of said Board.
"The existing Brooks County Board of Education shall continue to manage and operate the school system under its jurisdiction through the last day of June, 1961 at which time said Board shall cease to exist. The existing Board of Education of the City of Quitman shall continue to manage and operate the school system under its jurisdiction through the last day of June, 1961 at which time said Board shall cease to exist. From the first day of January, 1961, through the last day of June, 1961, the new Brooks County Board of Education created by this amendment shall have power and authority to do any and all acts which may be necessary or proper in preparation for the operation of a merged school system from and after the last day of June, 1961. The new Brooks County Board of Education created by this amendment shall operate a school system coextensive with the limits of Brooks County from and after the last day of June, 1961.
"The City of Quitman and Brooks County are authorized to make appropriations for educational purposes from their general funds to the new Brooks County School System created by this amendment.
The new Brooks County School System created by this amendment shall have the power of eminent domain with all the remedies to execute such power provided in the Constitution and laws of Georgia.
"The property of the independent school system of the City of Quitman and the property of the school district of Brooks County lying outside the corporate limits of the City of Quitman shall become the property of the new Brooks County School System created by this amendment.
"The new Brooks County School System created by this amendment shall have the right and authority to incur indebtedness, not in conflict with the Constitution of the State of Georgia; the right to contract and be contracted with; to sue and be sued; and to do all and every act or acts necessary for the proper maintenance of comprehensive school system throughout the limits of Brooks County and to effectuate the purposes of this amendment. Nothing however in this amendment nor in any act or acts of the General Assembly shall waive the governmental immunity of the new Brooks County School System created by this amendment.
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"The existing Brooks County School Superintendent shall serve as Superintendent of the new Brooks County School System created by this amendment through the last day of June, 1962. From and after the last day of June, 1962, the term of office of the existing Brooks County School Superintendent shall cease to exist and the voters of Brooks County shall not longer elect a County School Superintendent. Brooks County Board of Education shall appoint a Superintendent for such period of time as said Board shall deem advisable. Such Superintendent shall have such qualifications as shall be fixed by law and said Board, except that it shall not be necessary for said Superintendent to be a resident of Brooks County or the State of Georgia at the time of his appointment. If a vacancy occurs in the existing office of Brooks County School Superintendent during the period from the first day of January, 1961, through the last day of June, 1962, the new Brooks County Board of Education created by this amendment shall have authority to fill said vacancy by the appointment of a Superintendent qualified under the provisions of this amendment.
"Specifications of certain powers herein is not intended to be exclusive, it being the intention hereof that all powers hereby granted to the new Brooks County Board of Education created by this amendment, and all powers to be granted to said school system by the General Assembly pursuant to this amendment are to be liberally construed so as to effectuate the general purposes of establishing and maintaining a comprehensive system of public education through the limits of Brooks County.
"The powers hereby granted to the new Brooks County School System created by this amendment and the powers to be granted to said school system by the General Assembly pursuant to this amendment shall exist notwithstanding other provisions of this Constitution or any general or special laws of the State of Georgia.
"The new Brooks County School System created by this amendment assumes all debts, contracts and other obligations of the Board of Education of the City of Quitman and of the existing Brooks County Board of Education.
"The General Assembly is authorized to pass such laws as may be necessary or desirable to the operations, conduct and control of the new Brooks County School System created by this amendment and its fiscal affairs which are not in conflict with this amendment. The General Assembly may from time to time enact special acts amending any Act or Acts enacted pursuant to this amendment.
"The provisions of this amendment shall be self executing and shall not require enabling legislation by the General Assembly before they become effective.
"The merger of the existing two school systems in Brooks County shall take place at the end of the last day of June, 1961.
SECTION 2,
If the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro-
MONDAY, FEBRUARY 15, 1960
577
posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the merging of the existing independent school system of the City of Quitman and existing school district of Brooks County lying outside the corporate limits of said City into one school system coextensive with the limits of said County; and so as to provide for the termination of the term of office of the present County School Superintendent and the appointment of a School Superintendent by a Board of Education elected by the people.
"Against ratification of amendment to the Constitution, so as to provide for the merging of the existing independent school system of the City of Quitman and existing school district of Brooks County lying outside the corporate limits of said City into one school system coextensive with the limits of said County; and so as to provide for the termination of the term of office of the present County School Superintendent and the appointment of a School Superintendent by a Board of Education elected 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 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 Barrett of 45th Breedlove Brooks Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster
Edenfield Gearreld Hays Holt Holton Home Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer
Mobley McGill Pannell Roper Sanders Screws Shaw Skelton Vaughn Watson Woodall
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JOURNAL OF THE SENATE,
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
SR 111. By Senator Ramsey of the 1st:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia, so as to authorize and empower the Commissioners of Chatham County and ex-officio Judges of said County to levy a retailer's and consumers' sales and use tax, not to exceed one half (Vs%) per cent, when recommended by the Board of Public Education for the City of Savannah and the County of Chatham; to provide the procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article VIII, Section XII, as amended by an amendment found in Georgia Laws 1950, page 448, ratified at the general election in 1950, and relating to the levying of additional taxes for educational purposes upon the recommendation of the Board of Public Education for the City of Savannah and the County of Chatham, be amended, so as to add an additional paragraph to the aforesaid amendment of 1950, to read as follows:
"The Commissioners of Chatham County and ex-officio Judges of said County are hereby authorized and empowered to levy a retailers' and consumers' sales and use tax not to exceed one half (%%) per cent, as may be recommended by the Board of Public Education for the City of Savannah and the County of Chatham, by ordinance duly adopted for the purpose of supporting and maintaining the public schools and the program of the Board of Public Education for the City of Savannah and the County of Chatham. The powers herein granted shall be in addition to the power to levy a millage ad valorem tax on property for school purposes as elsewhere provided in this Constitution, and shall in no way affect the powers of the Board of Public Education for the City of Savannah and the County of Chatham, or the Commissioners of Chatham County and ex-officio Judges with reference to a request of the Board of Public Education for the City of Savannah and the County of Chatham for the levying of such a tax."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
MONDAY, FEBRUARY 15, 1960
579
"For ratification of amendment to the Constitution so as to authorize the levying of a retailers' and consumers' sales and use tax for educational purposes in Chatham County, not to exceed one half (1/2%) per cent.
"Against ratification of amendment to the Constitution so as to authorize the levying of a retailers' and consumers' sales and use tax for educational purposes in Chatham County, not to exceed one half (%%) per cent."
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 Barrett of 45th Breedlove Brooks Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster
Edenfield Gearreld Hays Holt Holton Home Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer
Mobley McGill Pannell Roper Sanders Screws Shaw Skelton Vaughn Watson Woodall
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
SR 114. By Senator Buff of the 44th:
A RESOLUTION Proposing an amendment to the Constitution so as to repeal an amendment to the Constitution providing for a Board of Tax Adminis-
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trators for Catoosa County, providing their qualifications, terms, authority, duties, and compensation; to provide for a new Board of Tax Administrators; to provide their qualifications, terms, authority, duties, and compensation; to provide for the submission of the amendment to the people for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section XVII, Paragraph I of the Constitution of Georgia is hereby amended by striking in its entirety an amendment proposed by a resolution found in Georgia Laws 1958, Page 592 ratified at the General Election in November, 1958.
SECTION 2. Article VI, Section XVII, Paragraph I of the Constitution of Georgia is hereby amended by adding to the end thereof the following:
"There is hereby created a Board of Tax Administrators for Catoosa County, Said Board shall be composed of three members elected by the qualified voters of the entire county. To be eligible for election to the Board of Tax Administrators, a person must be at least twenty-five years of age, a resident of this State and said county for at least two years, and qualified to vote in the election for members of the General Assembly. Compensation of the members of the Board of Tax Administrators, herein created, shall be fifteen ($15.00) dollars per day for each day of actual service, plus actual expenses, said compensation to be payable monthly out of funds collected by the levy of taxes hereinafter provided. The said Board shall be subject to all provisions of the law with respect to levying taxes and evaluating property not in conflict with this amendment. The Board shall meet not more than thirty days in any one calendar year unless approved in writing by the Commissioner of Roads and Revenues of Catoosa County.
"The members of the Board of Tax Administrators shall be elected at the same time as other county oficers, and the members elected shall serve for a term of four years and until their successors are elected and qualified. All persons elected to said Board shall subscribe to an official oath to faithfully perform their duties prescribed by any officer in the county authorized by law to administer oaths, and shall execute a bond in the amount of two thousand ($2,000.00) dollars, conditioned upon the faithful and honest discharge of their duties, payable to said Commissioner. Provided, however, the members elected to the Board of Tax Administrators at the General Election of 1960, under authority of an amendment to the Constitution proposed by a resolution found in Georgia Laws 1958, page 592 ratified at the General Election of 1958, shall constitute the first members of this Board and shall take office January 1, 1961, and serve for four years and until their successors are elected and qualified.
"The Board of Tax Administrators is authorized and directed to re-evaluate all property in Catoosa County for tax purposes. Said Board is authorized to appoint and employ qualified and professional appraisers and whatever additional personnel they deem necessary to assist the Board in its duties, and to provide the compensation for such appraisers and personnel.
"The Board of Tax Administrators shall have authority to
MONDAY, FEBRUARY 15, 1960
581
contract to borrow money at the best interest rate available for the purpose of carrying out the provisions of this amendment relating to the initial re-evaluation of all the taxable property in Catoosa County.
"The Board of Tax Administrators shall recommend each year to the taxing authorities of Catoosa County that a tax be levied, stating the rate, which shall not exceed two mills per dollar of the assessed valuation on all taxable property in the county. The taxing authorities of Catoosa County are hereby required and directed to levy and collect said tax at the rate so recommended. The money raised by said levy shall be held in a separate fund for the purpose of discharging, and the taxing authorities are hereby directed to discharge, any indebtedness incurred by the Board of Tax Administrators in carrying out the re-evaluation program herein authorized.
"After completion of the program of re-evaluating all the taxable property in Catoosa County, and after any indebtedness is discharged, the Board shall recommend each year to the taxing authorities of said county that a tax be levied, stating the rate, which shall not exceed one-half of one mill per dollar of the assessed valuation on all taxable property in the county for the purpose of employing any personnel necessary to maintain a current evaluation of taxable property located in said county. The taxing authorities of Catoosa County are hereby required to levy and collect said tax and pay the expenses so incurred.
"Any surplus remaining after the discharge of any indebtedness incurred in the initial re-evaluation shall belong to the general county funds.
"Within sixty days after the end of every calendar year the regularly employed county auditor who audits other county books shall prepare an itemized audit for the preceding year of the collections and expenses of the Board of Tax Administrators. The Board shall cause said audit to be published at least once in the same newspaper in which the Sheriff's ads for said county appear, and shall cause the original audit to be filed with the Clerk of the Superior Court of said county, and a copy thereof to be filed with the Tax Commissioner and one with the County Commissioner."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for a Board of Tax Administrators to evaluate property in Catoosa County and to require the taxing authorities to levy a tax therefor.
"Against ratification of amendment to the Constitution so as to provide for a Board of Tax Administrators to evaluate property in
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Catoosa County and to require the taxing authorities to levy a tax therefor."
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 Barrett of 45th Breedlove Brooks Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster
Edenfield Gearreld Hays Holt Holton Home Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer
Mobley McGill Pannell Roper Sanders Screws Shaw Skelton Vaughn Watson Woodall
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
HE 334. By Messrs. Andrews and Williams of Hall:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Hall County by the people; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitution,
MONDAY, FEBRUARY 15, 1960
583
relating to county boards of education, is hereby amended by adding at the end thereof the following:
"The Board of Education of Hall County shall be composed of five members, to be elected by the voters of the entire county, except those voters who reside within the area embraced within the territory of an independent school system.
"Hall County is hereby divided into four school districts. The South Hall School District shall be composed of the following militia districts: Flowery Branch, Roberts, Friendship, Clinchem, Morgan, Oakwood and Wilsons. The North Hall School District shall be composed of the following militia districts: Fork, Bark Camp, Whelchel, Big Hickory, Clermont, Quillians, Tom Bell and Polksville. The East Hall School District shall be composed of the following militia districts: Narramore, Lula, Glade, Gillsville, Tadmore and Candler. The Gainesville School District shall be composed of that portion of the Gainesville Militia District lying outside of the limits of the independent school system of Gainesville. One member of the Board of Education shall be elected from each school district and one shall be elected from the county-at-large. No person shall be eligible for membership on the Board who has not been a resident of Hall County and the district wherein he offers for election for at least two years immediately preceding the date of his election to such Board, and unless such person is a high school graduate.
"In the event of the ratification of this amendment, it shall be the duty of the Ordinary of Hall County to issue the call for an election, which call shall be issued at least ten days prior to the date of such election. The Ordinary shall set the date of such election for either December 12, 13, 14, 15, 16 or 17, 1960. Such election shall be for the purpose of electing the first members of the Board of Education of Hall County provided for in this amendment. It shall be the duty of the Ordinary to publish the date and the purpose of such election in the week immediately preceding the date thereof in the official organ of Hall County. The members elected at such election shall take office January 1, 1961, and shall serve for a term of four years and until their successors are elected and qualified. All future members of the Board shall be elected at the same time as county officers of Hall County are elected, and shall take office on the first day of January immediately following their election and shall likewise serve for a term of four years and until their successors are elected and qualified. The Ordinary shall set the closing date for qualification for the aforesaid election in 1960, and persons shall qualify with the Ordinary by designating that they desire to offer for South Hall School District, North Hall School District, East Hall School District, Gainesville School District, or member-atlarge. At all future primaries and elections, candidates shall likewise qualify by designating the Post for which they desire to offer.
"At the first meeting in January, 1961, and at the first meeting in January each four years thereafter, the members of the Board shall elect a Chairman for the next four years. Any member of the Board shall be eligible to succeed himself as Chairman. In the event a vacancy occurs in the office of Chairman, the members shall elect a person to fill such vacancy. In the event of a vacancy on the Board for any reason other than the expiration of a term of office, the remaining members of the Board shall elect a person to fill the vacancy for the unexpired term.
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"The terms of the members of the Board of Education existing at the time of the ratification of this amendment shall expire at the end of the year 1960 and said Board shall stand abolished as of that date. The Grand Jury of Hall County shall no longer appoint the members of the Board of Education of Hall County after said date.
"The Board of Education of Hall County, as provided for herein, shall be subject to all other constitutional provisions and to 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, 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 the election of the members of the Board of Education of Hall County by the people.
"Against ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Hall 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 issue his proclamation thereon.
Senator Marshburn of the 33rd offered the following amendment:
Amend HR 334 by striking from Section 1 the following:
"The Board of Education of Hall County shall be composed of five members, to be elected by the voters of the entire county, except those voters who reside within the area embraced within the territory of an independent school system."
and inserting in lieu thereof the following:
"The Board of Education of Hall County shall be composed of five members, four of whom shall be elected from their respective districts, as provided for hereinafter, only by the voters of each respective district, and the fifth member shall be elected from the county-at-large by the voters of the entire county. No person who resides within the area embraced within the territory of an inde-
MONDAY, FEBRUARY 15, 1960
585
pendent school system shall be eligible to vote for any member of the Board of Education."
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.
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 Barrett of 45th Breedlove Brooks Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster
Edenfield Gearreld Hays Holt Holton Home Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer
Mobley McGill Pannell Roper Sanders Screws Shaw Skelton Vaughn Watson Woodall
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 37, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted as amended.
HB 532. By Messrs. Ray of Warren and Twitty of Mitchell:
A bill to amend chapter 92-34 of the code of Georgia, relating to the imposition, assessment and collection of taxes; and for other purposes.
The Committee on Rules offered the following substitute for HB 532:
A BILL
To be entitled an act to amend section 92-3401 of the code of Georgia of 1933 relating to the imposition, assessment and collection of estate taxes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Section 92-3401 of the Code of Georgia of 1933, relating to the imposition, assessment and collecting of estate taxes, is hereby
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amended by striking said section in its entirety and by substituting in lieu thereof the following:
"92-3401. Assessment and collection of State estate tax; re turns. It shall be the duty of the legal representative of the estate of any person who may die a resident of this State, and whose estate is subject to the payment of a Federal estate tax, to file with the State Revenue Commissioner a duplicate of the estate tax return which he is required to make to the Federal authorities, and to pay to the State of Georgia a tax in the amount equal to the amount allowable as a credit for State death taxes under Section 2011 of the Internal Revenue Code of 1854; provided, however, that if the decedent owned at the time of his death either real property in another state or personal property having a business situs in another state which state requires the payment of a tax for which credit is received against Federal estate taxes, any tax due hereunder shall be reduced by an amount which bears the same ratio to the total state tax credit allowable for Federal estate tax purposes as the value of such property taxable in such other state bears to the value of the entire gross estate for Federal estate tax purposes. If, after the filing of a duplicate return and the assessment of the State taxes the Federal authorities shall increase or decrease the amount of the Federal estate tax, an amended return shall be filed with the State Revenue Commissioner showing all changes made in the original return and the amount of increase or decrease in the Federal estate tax, and the State Revenue Commissioner shall assess against said estate the additional amount found to be due hereunder, or in the event of a decrease in the Federal estate tax shall refund to said estate any overpayment of the tax imposed by this Section."
Section 2. Section 92-3402 of the Code of Georgia of 1933 relating to certification by the State Revenue Commissioner to the ordinary of the county where an estate is being administered of the amount of estate tax determined to be due and the entry thereof on the ordinary's minutes, is hereby repealed in its entirety.
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 32, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
MONDAY, FEBRUARY 15, 1960
587
SB 229. By Senator Brown of the 52nd:
A bill to amend an act regulating the preparation, contents and recording of maps or plats of survey of tracts or bodies of land, approved March 24, 1933 (Ga. Laws 1933, p. 193), so as to change the regulations 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.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 453. By Mr. Melton of Spalding:
A resolution advising the U. S. Tariff Commission of the deep interest of the General Assembly of Georgia in the investigation of imports of cotton and textiles; and for other purposes.
The report 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 854. By Messrs. Tamplin of Morgan, Parker of Screven and others:
A bill to amend the act creating the Georgia Milk Commission, to authorize the Commission to assess and collect costs and penalties for revocation of licenses; and for other purposes.
Senator Marshburn of the 33rd offered the following amendment:
Amend HB 854 as follows:
1. By inserting in the last line of the caption before the words, "to repeal conflicting", the following: "to further define the terms and conditions applicable to contracts for the purchase of milk from producers;".
2. By renumbering Section "3" as Section "7" and by inserting following Section 2 the following additional Sections:
Section 3. Said act as amended is further amended by adding the following sentence to paragraph (a) of Section 19 thereof:
"Any contract for the purchase of milk to be produced by any producer which is made within thirty (30) days from the date of the initial offer to purchase shall be voidable at the option of the selling producer at any time within such thirty (30) day period."
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Section 4. Said act as amended is further amended by adding the following sentence to sub-paragraph (xii) of paragraph (a) of Section 19 thereof:
"Except when terminable at any time at the option of the producer upon notice not exceeding sixty (60) days, the term of a contract with a producer for the purchase of milk to be produced by him shall not exceed twelve (12) months."
Section 5. Said act as amended is further amended by adding the following paragraph to sub-paragraph (ii) of paragraph (d) of Section 19 thereof:
"Irrespective of the foregoing provisions, any order of the Commission issued hereunder may authorize exceptions from the producer payment plan established thereunder in conformity herewith with respect to the price to be paid by a distributor or producer-distributor for milk required which is not supplied by the licensed producer and others regularly delivering milk to him."
Section 6. Said act as amended is further amended by adding the following sentence to paragraph (f) of Section 19 thereof:
"Further, when a distributor or producer-distributor shall have accepted and purchased milk regularly delivered by a licensed producer over a period of six (6) months or more, shall have entered into an agreement with a new producer to establish a base as herein authorized, or shall have entered into an agreement with a producer to transfer his base from another milk shed as herein authorized, any contract between them hereunder established by a course of dealing shall be terminable by the purchasing distributor or producer-distributor only upon twelve (12) months written notice to the producer; provided that this provision shall not prohibit termination of such contract by the purchaser if the producer shall not comply with his obligation to continue delivering substantially the same quantity of wholesome and acceptable milk as previously delivered, shall practice or participate in any fraud or deception with respect to his milk being delivered to the purchaser or with respect to the records pertaining thereto, shall violate any Georgia Department of Agriculture or health requirement lawfully applicable to his milk or the production and handling thereof, or shall violate any provision of this act including any delivery of milk while not holding license required therefor hereunder, but any controversy between the parties as to the existence of any of the foregoing causes for termination without the required twelve (12) months advance notice may be resolved by the Commission in accorelance with such reasonable procedure, including opportunity of hearing to each party, as may be established therefor by the Commission."
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.
MONDAY, FEBRUARY 15, 1960
589
The bill, having received the requisite constitutional majority, was passed as amended.
HB 767. By Mr. Fowler of Douglas:
A bill to amend an act relating to application for a Use of Tax Stamps for Commercial Feeding stuffs; and for other purposes.
The report 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.
The following resolutions were read and adopted:
SR 127. By Senator Watson of the 36th:
A resolution to designate the David Knott Bridge; and for other purposes.
SR 128. By Senator Nixon of the 35th:
A resolution extending congratulations to Mr. A. E. Oals; and for other purposes.
HR 279. By Mr. Magoon of Hart: A resolution relative to State Rights; and for other purposes.
HR 433. By Messrs. Brooks of Oglethorpe and Fowler of Douglas:
A resolution creating a committee relative to construction of an Archival Building; and for other purposes.
The president appointed Senator Culpepper of the 7th to serve on the committee.
HR 483. By Messrs. Branch and Bostick of Tift:
A resolution to acknowledge assistance of Georgia Press Association; and for other purposes.
Senator Ramsey of the 1st, 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 of Representatives:
SR 94.
SB 232.
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SR 129. SR 114. SR 111. SB 229.
Respectfully submitted, Ramsey of 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 Governor:
SB 199.
Respectfully submitted,
Ramsey of 1st District,
Chairman.
SB 225. By Senator Greer of the 6th:
A bill to permit corporations organized for pecuniary gain to contract freely and without legislative restriction as to interest rate in borrowing sums which exceed $2,500; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Crowe of the 10th 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 16, 1960
591
Senate Chamber, Atlanta, Georgia, Tuesday, February 16, 1960.
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. Edgar Callaway, First Baptist Church, Covington, 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 read and found correct.
By unanimous consent, the reading of the journal was dispensed with and the journal was confirmed.
Senator Culpepper of the 7th 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.
Senators Brown of the 52nd, Greer of the 6th and Pannell of the 43rd asked unanimous consent that they be recorded as voting Aye on the following resolution of the House adopted yesterday:
HR 318. By Messrs. Sheffield of Brooks, Matthews of Colquitt, Echols of Upson,
Lott of Berrien, Underwood of Montgomery and others: A resolution proposing an amendment to the Constitution so as to change the provisions relating to the terms of members of the General Assembly; and for other purposes.
The consent was granted.
The following bills and resolutions were introduced, read the first time and referred to committees:
HB 501. By Mr. Trotter of Troup:
A bill to provide the precautions to be taken in proximity of high voltage lines for the prevention of accidents; to make provisions for administra-
592
JOURNAL OF THE SENATE,
tion and enforcement by the Commissioner of Labor; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 598. By Messrs. Kidd and Chandler of Baldwin, Scoggin of Ployd, Alien of Bulloch and others:
A bill to provide for the observation, diagnosis and care and treatment of mentally ill persons and their hospitalization, upon court order; and for other purposes.
Referred to Committee on Health and Welfare.
HB 856. By Messrs. Blalock of Clayton, Ray of Warren and Gowen of Glynn:
A bill to amend certain sections of Part IX of Title 92 of the code of Georgia relating to the collection of income taxes; relating to personal exemption of married persons; and for other purposes.
Referred to Committee on Rules.
HB 930. By Messrs. Magoon of Hart and Matthews of Clarke:
A bill to require the president of each college in the University System of Georgia to furnish to school superintendents in this State progress reports as to students enrolled in such institutions; and for other purposes.
Referred to Committee on Educational Matters.
HB 935. By Messrs. Murphy of Haralson, Ross of Lincoln, Smith of Emanuel, Twitty of Mitchell and others:
A bill to revise the laws of Georgia relating to the offense of barratry, defining the crime, to prescribe penalties; and for other purposes.
Referred to Committee on Government Operations.
HB 947. By Messrs. Twitty of Mitchell, Smith of Emanuel and Underwood of Montgomery:
A bill to amend an act effecting a complete revision of the laws of this State relating to the qualification and registration of voters; and for other purposes.
Referred to Committee on Rules.
HB 948. By Messrs. Palmer and Twitty of Mitchell and others:
A bill to amend an act providing for the registration of motor vehicles and the issuance of motor vehicle license plates by the tax collectors or tax commissioners of the various counties; and for other purposes.
Referred to Committee on Highways.
HB 949. By Messrs. Palmer and Twitty of Mitchell and others: A bill to amend an act relating to motor vehicle licenses, to provide for
TUESDAY, FEBRUARY 16, 1960
593
the fees to be paid for the licensing of motor vehicles for part of a year; and for other purposes.
Referred to Committee on Highways.
HB 950. By Messrs. Palmer and Twitty of Mitchell and others:
A bill to amend code section 68-201, relating to motor vehicles, to change date of registration, to change date the owner shall be subject to a penalty; and for other purposes.
Referred to Committee on Highways.
HB 988. By Mr. Odom of Camden:
A bill to establish a minimum annual salary for Judges of County Juvenile Courts in Georgia, in counties of 7,319 to 7,360, to provide for monthly payment thereof; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1036. By Mr. Steis of Harris:
A bill to abolish the offices of tax receiver and tax collector of Harris County and consolidate said offices into the office of tax commissioner of Harris County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1038. By Mr. Steis of Harris:
A bill to provide that the clerk of the Superior Court of Harris County be placed on a salary basis in lieu of a fee basis; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1045. By Mr. Lovett of Laurens:
A bill to amend an act to create a new charter for the City of Dublin, to redefine its territorial limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1060. By Messrs. Lovett and Green of Laurens:
A bill to amend an act relating to the placing of the clerk of the Superior Court of Laurens County and his deputies on a salary basis, so as to increase the salary of the clerk of the Superior Court of Laurens County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1065. By Messrs. Twitty of Mitchell, Smith of Emanuel, Bagby of Paulding and Ray of Warren:
A bill to enlarge the jurisdiction and power to the Georgia Public Service Commission to authorize commission to prescribe rates, supervise and
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JOURNAL OF THE SENATE,
regulate the furnishing or selling of water by certain persons, firms or private corporations; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 1072. By Mr. Smith of Grady:
A bill to amend an act providing for the appointment of an attorney or attorneys to represent indigent defendants in criminal cases involving capital felonies and appeals from convictions thereof; and for other purposes.
Referred to Committee on Judiciary.
HB 1075. By Messrs. Twitty of Mitchell, and Smith of Emanuel:
A bill to amend the code so as to increase the number of Judges of Court of Appeals from six to seven, to provide that the court shall sit in two divisions; and for other purposes.
Referred to Committee on Government Operations.
HB 1112. By Mr. Alien of Bulloch:
A bill to make it a misdemeanor for any person to refuse to leave certain premises when requested to do so; and for other purposes.
Referred to Committee on Judiciary.
HB 1120. By Messrs. Willingham and Reed of Cobb, Mackay and Rutland of DeKalb, Blalock and Lee of Clayton:
A bill to provide for establishment of an Atlanta Region Metropolitan Planning District for Clayton, Cobb, DeKalb, Fulton and Gwinnett Counties; and for other purposes.
Referred to Committee on Government Operations.
HB 1126. By Mr. Ellis of Henry:
A bill to amend an act to incorporate the Town of McDonough to change the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1127. By Mr. Gross of Stephens:
A bill to change the compensation of the sheriff of Stephens County from a fee system to a salary system; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1128. By Mr. Gross of Stephens:
A bill to fix the compensation of the clerk of the superior court of Stephens County; and for other purposes.
Referred to Committee on County and Municipal Governments.
TUESDAY, FEBRUARY 16, 1960
595
HB 1129. By Mr. Busbee of Dougherty:
A bill to amend an act placing the sheriff, clerk of superior court and ordinary of Dougherty County on a salary basis, so as to fix the sum in lieu of the cost of maintaining and operating automobiles; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1130. By Mr. Hill of Meriwether:
A bill authorizing and directing the governing authorities of certain counties to use convict labor to work and maintain cemeteries located in the rural areas in said counties; and for other purposes.
Referred to Committee on Penal and Correctional Affairs.
HB 1131. By Mr. Lovett of Laurens:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Laurens, to provide that certain offices and departments of the county shall submit proposed budgets to the Board of Commissioners; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1132. By Messrs. Walker and Budd of Lowndes:
A bill to amend the charter of the City of Valdosta to alter, relocate and redefine the corporate limits of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1133. By Mr. Gross of Stephens: A bill to fix the compensation of the ordinary of Stephens County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1137. By Messrs. Puqua, Edwards and Fleming of Richmond: A bill to amend an act regulating public instruction in the County of Richmond, to change the compensation of the members, president and vice-president of the Board of Education; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1138. By Mr. Holcombe of Cobb: A bill to amend an act creating the Cobb Judicial Circuit; and for other purposes.
Referred to Committee on Judiciary.
HB 1140. By Messrs. Morgan and Story of Gwinnett: A bill to amend an act establishing the charter of the Town of Snellville, to enlarge the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
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JOURNAL OF THE SENATE,
HR 120. By Mr. Irvin of Habersham:
A resolution proposing an amendment to the Constitution to empower the General Assembly to authorize any county the right to use public funds for school lunch purposes; and for other purposes.
Referred to Committee on Rules.
HR 374. By Messrs. Bostick and Branch of Tift:
A resolution authorizing the regents of the University System of Georgia to convey certain property in Tift County to the United States Government; and for other purposes.
Referred to Committee on Government Operations.
HR 394. By Messrs. Odom of Camden, Sheffield of Brooks, Parker of Screven and others:
A resolution proposing an amendment to the Constitution to provide an annual salary, expense and mileage of members of the General Assembly; and for other purposes.
Referred to Committee on Government Operations.
HR 459. By Messrs. McClelland, Brooks and Smith of Pulton, Mackay, Rutland and McWhorter of DeKalb:
A resolution proposing an amendment to the Constitution to provide that any property within Fulton County School District is annexed to Atlanta, the liabilities shall be assumed by the city; and for other purposes.
Referred to Committee on County and Municipal Governments.
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 930. By Messrs. Magoon of Hart, and Matthews of Clarke:
A bill to require the President of each college in the University System of Georgia to furnish to school superintendents in this State progress reports as to students enrolled in such institutions; and for other purposes.
HB 949. By Messrs. Palmer and Twitty of Mitchell, and others:
A bill to amend an act relating to motor vehicle licenses, to provide for the fees to be paid for the licensing of motor vehicles for part of a year; and for other purposes.
HB 1036. By Mr. Steis of Harris:
A bill to abolish the offices of Tax Receiver and Tax Collector of Harris
TUESDAY, FEBRUARY 16, 1960
597
County and consolidate said offices into the office of Tax Commissioner of Harris County; and for other purposes.
HB 1045. By Mr. Lovett of Laurens:
A bill to amend an act to create a new charter for the City of Dublin, to define its territorial limits; and for other purposes.
HB 1060. By Messrs. Lovett and Green of Laurens:
A bill to amend an act relating to the placing of the Clerk of the Superior Court of Laurens County and his deputies on a salary basis, so as to increase the salary of the Clerk of the Superior Court of Laurens County; and for other purposes.
HB 1126. By Mr. Ellis of Henry:
A bill to amend an act to incorporate the Town of McDonough to change the corporate limits; and for other purposes.
HB 1127. By Mr. Gross of Stephens:
A bill to change the compensation of the Sheriff of Stephens County from a fee system to a salary system; and for other purposes.
HB 1128. By Mr. Gross of Stephens:
A bill to fix the compensation of the Clerk of the Superior Court of Stephens County; and for other purposes.
HB 1129. By Mr. Busbee of Dougherty:
A bill to amend an act placing the Sheriff, Clerk of Superior Court and the Ordinary of Dougherty County on a salary basis, so as to fix the sum in lieu of the cost of maintaining and operating automobiles; and for other purposes.
HB 1130. By Mr. Hill of Meriwether:
A bill authorizing and directing the governing authorities in certain counties to use convict labor to work and maintain cemeteries located in the rural areas in said counties; and for other purposes.
HB 1131. By Mr. Lovett of Laurens:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Laurens, to provide that certain offices and departments of the county shall submit proposed budgets to the Board of Commissioners; and for other purposes.
HB 1132. By Messrs. Walker and Budd of Lowndes:
A bill to amend the charter of the City of Valdosta, to alter, relocate and redefine the corporate limits of said city; and for other purposes.
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JOURNAL OF THE SENATE,
HB 1133. By Mr. Gross of Stephens:
To fix the compensation of the Ordinary of Stephens County; and for other purposes.
HB 1137. By Messrs. Fuqua, Edwards and Fleming of Richmond:
A bill to amend an act regulating public instruction in the County of Richmond, to change the compensation of the members. President and Vice-President of the Board of Education; and for other purposes.
HB 1038. By Mr. Steis of Harris:
A bill to provide that the Clerk of the Superior Court of Harris County be placed on a salary basis in lieu of a fee basis; and for other purposes.
HB 1140. By Messrs. Morgan and Story of Gwinnett:
A bill to amend an act establishing for the charter of the Town of Snellville, to enlarge the corporate limits; and for other purposes.
HB 1072. By Mr. Smith of Grady:
A bill to amend an act providing for the appointment of an attorney or attorneys to represent indigent defendants in criminal cases involving capital felonies and appeals from convictions thereof; and for other purposes.
HR 120. By Mr. Irvin of Habersham:
A resolution proposing an amendment to the Constitution, to empower the General Assembly to authorize any county the right to usep ublic funds for school lunch purposes; and for other purposes.
HB 598. By Messrs. Kidd and Chandler of Baldwin, Scoggin of Floyd, and others:
A bill to provide for the observation, diagnosis, care and treatment of mentally ill persons and their hospitalization, upon court order; and for other purposes.
HB 856. By Messrs. Blalock of Clayton, Ray of Warren and Gowen of Glynn:
A bill to amend certain sections of Part IX of the Code of Georgia relating to the collection of income taxes, relating to personal exemption of married persons; and for other purposes.
HB 947. By Messrs. Twitty of Mitchell, Smith of Emanuel and Underwood of Montgomery:
A bill to amend an act effecting a complete revision of the laws of this State relating to the qualification and registration of the voters; and for other purposes.
HB 948. By Messrs. Palmer and Twitty of Mitchell and others:
A bill to amend an act providing for the registration of motor vehicles and the issuance of motor vehicle license plates by the Tax Collectors of Tax Commissioners of the various counties; and for other purposes.
TUESDAY, FEBRUARY 16, 1960
599
HR 374. By Messrs. Bostick and Branch of Tift:
A resolution authorizing the Regents of the University System of Georgia to convey certain property in Tift County to the United States Government; and for other purposes.
HB 988. By Mr. Odom of Camden:
A bill to establish a minimum annual salary for Judges of County Juvenile Courts in Georgia, in counties of 7,319 to 7,360, to provide for monthly payment thereof; and for other purposes.
HR 394. By Messrs. Odom of Camden, Sheffield of Brooks, Parker of Screven, and others:
A resolution proposing an amendment to the Constitution to provide an annual salary, expense and mileage of Members of the General Assembly; and for other purposes.
HB 935. By Messrs. Murphy of Haralson, Ross of Lincoln, Smith of Emanuel, Twitty of Mitchell, and others:
A bill to revise the laws of Georgia relating to the offense of barratry, defining the crime, to prescribe penalties; and for other purposes.
HB 1075. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A bill to amend the Code so as to increase the number of Judges of Court of Appeals from 6 to 7, to provide that the Court shall sit in two divisions; and for other purposes.
HB 1120. By Messrs. Willingham and Reed of Cobb, Mackay and Rutland of DeKalb, Blalock and Lee of Clayton:
A bill to provide for establishment of an Atlanta Region Metropolitan Planning District for Clayton, Cobb, DeKalb, Pulton and Gwinnett Counties; and for other purposes.
HR 459. By Messrs. McClelland, Brooks and Smith of Pulton, Mackay, Rutland and McWhorter of DeKalb:
A resolution proposing an amendment to the Constitution to provide that any property within Fulton County School District is annexed to Atlanta, the liabilities shall be assumed by the City; and for other purposes.
HB 1138. By Mr. Holcombe of Cobb:
A bill to amend an act creating the Cobb Judicial Circuit; and for other purposes.
HB 1065. By Messrs. Twitty of Mitchell, Smith of Emanuel, Bagby of Paulding and Ray of Warren:
A bill to enlarge the jurisdiction and power to the Georgia Public Service Commission to authorize commission to prescribe rates, supervise and regulate the furnishing or selling of water by certain persons, firms or private corporations; and for other purposes.
600
JOURNAL OP THE SENATE,
HB 1112. By Mr. Alien of Bulloch:
A bill to make it a misdemeanor for any person to refuse to leave certain premises when requested to do so; and for other purposes.
HB 501. By Mr. Trotter of Troup:
A bill to provide the precautions to be taken in proximity of high voltage lines for the prevention of accidents; to make provisions for administration and enforcement by the Commissioner of Labor; and for other purposes.
HB 950. By Messrs. Palmer and Twitty of Mitchell, and others:
A bill to amend code section 68-201, relating to motor vehicles, to change date of registration, to change date the owner shall be subject to a penalty; and for other purposes.
SB 193. By Senator Skelton of 30th:
A bill to amend an act incorporating the Town of Hartwell, to provide that the Board of Aldermen shall have the power of eminent domain, to change the time required in giving notice of intention to seek the offices of Mayor and Aldermen; and for other purposes.
The House has adopted the following resolutions of the House and Senate, to-wit:
HE 504. By Messrs. Branch and Bostick of Tift:
A resolution to acknowledge the contributions of the Georgia Association of Broadcasters to the present welfare and future development of the State of Georgia and its services to the General Assembly of Georgia.
SR 121. By Senator Brown of the 52nd:
A resolution wishing a speedy recovery for Tyrus R. Cobb; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House to-wit:
HB 617. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to amend an act known as the "State-wide Probation Act"; to provide said act shall not apply to prosecution for abandonment or bastardy; and for other purposes.
HB 884. By Messrs. Payton of Coweta, McKenna of Bibb, and Orr of Wilkes:
A bill to amend an act to regulate procedure in the Courts of this State, to define "reasonable notice," and for other purposes.
HB 794. By Messrs. Matthews and Cox of Clarke:
A bill to amend an act, so as to provide that the Mayor and Council of the City of Athens shall be empowered to levy and collect for the ordi-
TUESDAY, FEBRUARY 16, 1960
601
nary current expense of said municipal corporation; and for other purposes.
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 to-wit:
HB 718. By Mr. Gowen of Glynn:
A bill providing the legal procedure with reference to "Year's Support" when there is an option to purchase (and recorded) at the time the "Year's Support" is awarded; and for other purposes.
The following bills were read the second time:
SB 235. By Senator Mercer of the 49th:
A bill to increase the salaries of the City Court of Metter; and for other purposes.
SB 236. By Senator Holton of the 46th:
A bill to provide an increase in the compensation for the Judge and Solicitor of the City Court in all counties having a population of not less than 23,700 and not more than 24,200; and for other purposes.
HB 496. By Mr. McWhorter of DeKalb:
A bill to amend an act relating to marriage licenses, how granted and recorded; and for other purposes.
HB 698. By Messrs. Ray of Warren and Blalock of Clayton:
A bill to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act, to provide credit against any use tax due thereunder from hospitals; and for other purposes.
HB 705. By Messrs. Blalock of Clayton and Ray of Warren:
A bill relating to payment of taxes and other amounts to agents and employees of the Revenue Department; and for other purposes.
HB 764. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to provide for safe watercraft operation, administration of act by Game and Pish Commission, for minimum standards of safety equipment; and for other purposes.
HB 773. By Mr. Musgrove of Clinch:
A bill to amend an act relating to Game and Fish Commission, to define terms, change fees, to provide for big game and small game hunting licenses and fees, etc.; and for other purposes.
602
JOURNAL OF THE SENATE,
HB 796. By Messrs. Matthews and Cox of Clarke:
A bill to create the Athens Public Facilities Authority as a public corporation, and to authorize it to acquire, operate and dispose of any revenue producing facilities located in Clarke County; and for other purposes.
HB 818. By Messrs. Blalock of Clayton and Ray of Warren:
A bill to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act, to require registration thereunder of certain dealers; and for other purposes.
HB 825. By Messrs. Holcombe of Cobb, Twitty of Mitchell and others:
A bill to amend an act providing pensions to the State of Georgia, so as to change the provisions relative to monthly benefits; to clarify provisions relative to payment of benefits; and for other purposes.
HB 820. By Messrs. Blalock of Clayton and Ray of Warren:
A bill authorizing the State Revenue Commissioner to waive collection of penalties and interest due in certain instances; and for other purposes.
HB 840. By Mr. Ellis of Henry:
A bill to amend an act creating the Department of Public Safety, to provide the director may give written authority for other law agencies to use same wave length radio system; and for other purposes.
HB 855. By Messrs. Hill of Meriwether, Bozeman of Thomas and Braswell of Wheeler:
A bill to amend an act relating to motor vehicle licenses, relating to hauling of agricultural products grown in this state upon payment of fee, regarding identification of vehicles; and for other purposes.
HB 907. By Messrs. Lanier of Candler, Alien of Bulloch and Strickland of Evans:
A bill to amend an act known as "The Entymology Act of 1937"; and for other purposes.
HB 954. By Messrs. Irvin of Habersham, Taylor of Dawson, Williams of Hall and others:
A bill to amend an act prohibiting the manufacture of license tags, to authorize the Department of Commerce to make and sell sample license tags; and for other purposes.
HB 965. By Messrs. Bolton and Melton of Spalding:
A bill creating the charter of the City of Griffin, relating to authority for laying sewerage lines; and for other purposes.
HB 974. By Mr. Smith of Emanuel: A bill to provide that in the trial of any civil suit, counsel shall be per-
TUESDAY, FEBRUARY 16, 1960
603
mitted to use a blackboard in trial and arguments of such suit; and for other purposes.
HB 982. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act relating to the abolition of justice courts and establishing the Civil Court of Fulton County; and for other purposes.
HB 984. By Mr. Steis of Harris:
A bill to amend the act creating the Franklin D. Roosevelt Warm Springs Memorial Commission; and for other purposes.
HB 992. By Messrs. McClelland, Smith and Brooks of Fulton:
A bill to amend an act to create and establish in certain counties, a County Planning Commission and Board of Zoning Appeals; and for other purposes.
HB 993. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to fix the compensation of the president and members of Board of Education in certain counties; and for other purposes.
HB 994. By Messrs. McClelland, Smith and Brooks of Fulton:
A bill to amend an act establishing a new charter for the City of College Park; and for other purposes.
HB 995. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to amend an act to repeal an act which prohibits the county and county commissioners of roads and revenues from using convict labor in certain counties; and for other purposes.
HB 996. By Messrs. Brooks, Smith and McClelland of Fulton:
A bill to amend an act abolishing the fee system existing in the Superior Court of the Atlanta Judicial Circuit; and for other purposes.
HB 1005. By Messrs. Blalock of Clayton and Ray of Warren:
A bill to amend an act relating to the inspection, sale, etc., of gasoline, kerosene and other petroleum products; and for other purposes.
HB 1006. By Messrs. Smith, McClelland and Brooks of Fulton:
A bill to amend an act to create a system of traffic courts in certain counties, to fix compensation of assistant solicitors, clerks and other administrative officers; and for other purposes.
HB 1007. By Messrs. Smith, McClelland of Fulton, Mackay and Rutland of DeKalb:
A bill to amend an act providing for registration fees, licenses and business taxes in certain counties; and for other purposes.
604
JOURNAL OF THE SENATE,
HB 1008. By Messrs. McClelland, Smith and Brooks of Fulton, Mackay and Rutland of DeKalb:
A bill to amend an act to provide the procedure for zoning and planning to provide issuance of special use permits in certain counties; and for other purposes.
HB 1009. By Messrs. McClelland, Smith and Brooks of Fulton:
A hill to amend an act establishing a new charter for the City of College Park; and for other purposes.
HB 1010. By Messrs. McClelland, Smith and Brooks of Fulton:
A bill to amend an act establishing a new charter for the City of College Park; and for other purposes.
HB 1011. By Messrs. McClelland, Smith and Brooks of Fulton:
A bill to amend an act creating a joint-city-county Board of Tax Assessors in certain counties; and for other purposes.
HB 1012. By Mr. Barber of Jackson:
A bill to amend an act entitled "Revenue-Certificate Law of 1937," bonds issued under the law shall be sold at no less than par; and for other purposes.
HB 1018. By Mr. McCracken of Jefferson:
A bill to provide for granting of a commission as Notary Public, to provide for qualification, manner of obtaining commission; and for other purposes.
HB 1029. By Mr. White of Mclntosh:
A bill to place the compensation of the clerk of the Superior Court of Mclntosh County on a salary basis in lieu of fee basis; and for other purposes.
HB 1030. By Mr. White of Mclntosh:
A bill to place the compensation of sheriff of Mclntosh County on a salary basis; provide for deputy; provide for jailer and expense allowance for sheriff; disposition of fees, cost; and for other purposes.
HB 1031. By Mr. White of Mclntosh:
A hill to amend an act consolidating the offices of receiver of tax returns and tax collector of Mclntosh County; and for other purposes.
HB 1032. By Mr. White of Mclntosh:
A bill to place the compensation of the ordinary of Mclntosh County on a salary basis; and for other purposes.
TUESDAY, FEBRUARY 16, 1960
605
HB 1055. By Messrs. Floyd of Chattooga and Fowler of Douglas:
A bill to provide that applicants taking a nexamination by any examining board shall receive points to grade made by applicant on the examination; and for other purposes.
HB 1073. By Messrs. Hall, Scoggin and Lowrey of Floyd:
A bill creating a new charter for the City of Rome, relating to city manager's salary; and for other purposes.
HB 1080. By Messrs. McKenna, Thornton and Phillips of Bibb:
A bill to incorporate a new political body corporate under the name of Macon Bibb County; and for other purposes.
HB 1081. By Mr. Massee of Pulaski: A bill to change the compensation of the clerk of the Superior Court of Pulaski County from fee to salary system; and for other purposes.
HB 1082. By Mr. Massee of Pulaski: A bill to change the compensation of the tax collector of Pulaski County from fee to salary system; and for other purposes.
HB 1083. By Mr. Massee of Pulaski: A bill to change compensation of Ordinary of Pulaski County from fee to salary system; and for other purposes.
HB 1084. By Mr. Massee of Pulaski: A bill to change compensation of sheriff of Pulaski County from fee to salary system; and for other purposes.
HB 1086. By Messrs. Payton and Blalock of Coweta: A bill to amend an act to create a new charter for the City of Newnan, to close certain streets; and for other purposes.
HB 1087. By Messrs. Payton and Blalock of Coweta: A bill creating a Board of Commissioners of Roads and Revenues of Coweta County, to direct said board to use convict labor; and for other purposes.
HB 1088. By Mr. Massee of Pulaski:
A bill to change the compensation of tax receiver of Pulaski County from fee to salary system; and for other purposes.
HB 1089. By Mr. Massee of Pulaski:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of Pulaski County, to change the compensation of clerk of said commissioners; and for other purposes.
606
JOURNAL OF THE SENATE,
HB 1090. By Messrs. Pickard, Dicus and Hollis of Muscogee:
A bill to amend the charter of the City of Columbus, to abolish certain offices; and for other purposes.
HB 1091. By Messrs. Payton and Blalock of Coweta:
A bill relating to a new charter for the City of Newnan, to provide Council-Manager form of government; and for other purposes.
HB 1092. By Messrs. Payton and Blalock of Coweta:
A bill to change the compensation of the sheriff, ordinary and clerk of the Superior Court of Coweta County; and for other purposes.
HB 1093. By Messrs. Payton and Blalock of Coweta:
A bill establishing a city court of Newnan, to change compensation of the judge; and for other purposes.
HB 1096. By Mr. Jordan of Banks:
A bill to amend an act relating to the creation of Board of Commissioners of Roads and Revenues for Banks County; and for other purposes.
HB 1099. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill establishing a new charter for the City of East Point relating to personnel; and for other purposes.
HB 1100. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of East Point relating to closing certain streets; and for other purposes.
HB 1101. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of East Point, relating to attorneys and authority projects; and for other purposes.
HB 1102. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill establishing a new charter for the City of East Point to raise revenues; and for other purposes.
HB 1103. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of East Point relating to mayor and city council; and for other purposes.
HB 1104. By Mr. Wilkes of Cook:
A bill to consolidate all of the laws chartering the City of Adel; and for other purposes.
TUESDAY, FEBRUARY 16, 1960
607
HE 1105. By Mr. Baughman of Early:
A bill to provide that the ordinary of Early County shall receive a supplemental salary; and for other purposes.
HB 1106. By Mr. Rowland of Johnson:
A bill to amend an act relating to the City of Wrightsville, to extend city limits; and for other purposes.
HB 1113. By Mr. Walker of Telfair:
A bill to provide for a closed deer season in Telfair County; and for other purposes.
HB 1114. By Mr. McGibony of Greene:
A bill to place the compensation of the sheriff, clerk of superior court, ordinary and coroner of Greene County on a salary basis in lieu of fee basis; and for other purposes.
HB 1115. By Mr. McGibony of Greene:
A bill to amend an act consolidating the offices of tax receiver and tax collector of Greene County into one office of tax commissioner; and for other purposes.
HB 1116. By Mr. Underwood of Montgomery:
A bill creating a new charter for the Town of Uvalda, to change name to City of Uvalda; and for other purposes.
HB 1117. By Mr. Underwood of Montgomery:
A bill to amend an act creating a new charter for the Town of Mt. Vernon, to change name to City of Mt. Vernon; and for other purposes.
HB 1118. By Mr. Underwood of Montgomery:
A bill to amend an act relating to the Town of Ailey; and for other purposes.
HB 1124. By Messrs. Willingham and Reed of Cobb:
A bill to amend an act incorporating the City of Marietta, to change, extend, redefine and describe the city limits; and for other purposes.
HR 45. By Mr. McClelland of Fulton:
A resolution to compensate Mrs. Clyde Lamar Ellsberry and her three minor children; and for other purposes.
HR 277. By Mr. Williams of Hall: A resolution to compensate Mr. J. Robert House; and for other purposes.
608
JOURNAL OP THE SENATE,
HE 315. By Mr. Sheffield of Brooks: A resolution to compensate Jack Butler; and for other purposes.
HR 319. By Mr. Orr of Wilkes: A resolution to compensate Mitchell McAvoy; and for other purposes.
HR 382. By Messrs. Sheffield of Brooks, Budd and Walker of Lowndes and Bozeman of Thomas:
A resolution proposing the acquisition and development of a State Park in Brooks County; and for other purposes.
HR 385. By Mr. Baughman of Early:
A resolution proposing an amendment to the constitution to authorize Early County to issue certain revenue bonds; and for other purposes.
HR 386. By Mr. Milhollin of Coffee:
A resolution to compensate Mr. Perrnell L. Spivey; and for other purposes.
HR 387. By Mr. Johnson of Butts:
A resolution to compensate the International Harvester Company; and for other purposes.
HR 388. By Mr. Rodgers of Charlton:
A resolution to compensate the Seaboard Air Line Railroad Company; and for other purposes.
HR 390. By Mr. Hurst of Quitman:
A resolution to compensate Mr. James Hubert Walker; and for other purposes.
HR 405. By Mr. Singer of Stewart:
A resolution proposing an amendment to the Constitution to authorize the construction of electrical system in Stewart County; and for other purposes.
HR 406. By Mr. Singer of Stewart:
A resolution proposing an amendment to the Constitution so as to authorize Stewart County to construct bridges; and for other purposes.
HR 407. By Mr. Hall of Lee:
A resolution proposing an amendment to the Constitution so as to authorize Lee County to issue certain revenue anticipation obligations known as Revenue Bonds; and for other purposes.
TUESDAY, FEBRUARY 16, 1960
609
HR 410. By Mr. McKemie of Clay:
A resolution proposing an amendment to authorize Clay County to issue certain revenue anticipation obligations known as revenue bonds; and for other purposes.
HR 414. By Messrs. Walker and Budd of Lowndes:
A resolution proposing an amendment to the Constitution to create the Valdosta-Lowndes County Industrial Authority; and for other purposes.
HR 415. By Mr. Barrett of Cherokee:
A resolution to compensate Mr. and Mrs. A. O. Shadburn; and for other purposes.
HR 425. By Mr. Hurst of Quitman:
A resolution proposing an amendment to the Constitution to authorize Quitman County to issue certain revenue anticipation obligations; and for other purposes.
HR 426. By Messrs. Taylor and Griffin of Decatur:
A resolution proposing an amendment to the Constitution to authorize Decatur County to issue certain revenue anticipation obligations; and for other purposes.
HR 427. By Messrs. Morgan and Story of Gwinnett: A resolution compensating Walter Gamble; and for other purposes.
HR 436. By Mr. Hale of Dade:
A resolution proposing an amendment to the Constitution to authorize Dade County to issue certain revenue anticipation obligations; and for other purposes.
HR 443. By Messrs. Reed, Willingham and Holcombe of Cobb:
A resolution proposing to the qualified voters of the State of Georgia an amendment to Article VIII, Section VII, Paragraph I of the Constitution of Georgia; and for other purposes.
HR 445. By Messrs. Cox and Matthews of Clarke:
A resolution proposing an amendment to the Constitution to create a body corporate and politic of the State of Georgia known as AthensClarke County Industrial Development Authority; and for other purposes.
HR 446. By Messrs. Cox and Matthews of Clarke:
A resolution proposing an amendment to the Constitution to provide the governing authority of Clarke County may establish water, sanitation, etc.; and for other purposes.
610
JOURNAL OF THE SENATE,
HE 447. By Messrs. Bolton and Melton of Spalding:
A resolution proposing an amendment to the Constitution to authorize the establishment of water districts in Spalding County; and for other purposes.
HR 448. By Messrs. Busbee and Odom of Dougherty:
A resolution proposing an amendment to the Constitution to empower the Board of Commissioners of Roads and Revenues to assess and collect license fees and occupational taxes; and for other purposes.
HR 449. By Messrs. Kidd and Chandler of Baldwin: A resolution proposing an amendment to the Constitution relating to the Commissioners of Roads and Revenues of Baldwin County, their duties, powers; etc.; and for other purposes.
HR 450. By Mr. Bowen of Randolph: A resolution to compensate T. E. Faircloth of Cuthbert, Georgia; and for other purposes.
HR 452. By Messrs. Killian and Gowen of Glynn: A resolution proposing an amendment to the Constitution to provide for sewage districts for the County of Glynn; and for other purposes.
HR 455. By Mr. Walker of Telfair: A resolution proposing an amendment to voters of Telfair County to authorize the issuance of certain revenue bonds; and for other purposes.
HR 457. By Messrs. Newton and Matthews of Colquitt: A resolution proposing an amendment to the Constitution so as to create the Moultrie-Colquitt County Development Authority; and for other purposes.
Mr. 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 :
SB 236. Do Pass.
HB 768. Do Pass.
HB 914. Do Pass.
HB 923. Do Pass.
HB 981. Do Pass.
HB 1002. Do Pass.
TUESDAY, FEBRUARY 16, 1960
611
HB 1003. Do Pass.
HB 1020. Do Pass.
HB 1021. Do Pass.
HB 1022. Do Pass.
HB 1024. Do Pass.
HB 1026. Do Pass.
HB 1027. Do Pass.
HB 1028. Do Pass.
HB 1033. Do Pass.
HB 1034. Do Pass.
HB 1035. Do Pass.
HB 1037. Do Pass.
HB 1039. Do Pass.
HB 1041. Do Pass.
HB 1042. Do Pass.
HB 1044. Do Pass.
HB 1046. Do Pass.
HB 1048. Do Pass as Amended.
HB 1049. Do Pass.
HB 1051. Do Pass.
HB 1052. Do Pass.
Respectfully submitted,
Brown of 52nd District, Chairman.
Mr. 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 1056. Do Pass.
HB 1057. Do Pass.
HB 1058. Do Pass.
HB 1061. Do Pass.
HB 1062. Do Pass.
HB 1063. Do Pass.
612
JOURNAL OF THE SENATE,
HB 1066. Do Pass. HB 1067. Do Pass. HB 1068. Do Pass. HB 1069. Do Pass.
Respectfully submitted, Brown of 52nd District, Chairman.
Mr. Carlisle of the 51st District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the following bill and resolutions of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 932. Do Pass.
HR 128. Do Pass.
HR 275. Do Pass.
Respectfully submitted,
Carlisle of 51st District,
Chairman.
Mr. Vaughn of the 34th 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:
HB 233. Do Pass as Amended. HB 658. Do Pass. HB 722. Do Pass by Substitute. HB 972. Do Pass. HB 315. Do Pass by Substitute. SB 228. Do Not Pass. HB 969. Do Pass. SB 227. Do Pass.
Respectfully submitted, Vaughn of 34th District, Chairman.
TUESDAY, FEBRUARY 16, 1960
613
Mr. 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 868. Do Pass.
Respectfully submitted,
Holt of 54th District, Chairman.
Mr. 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 has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 792. Do Pass.
HB 798. Do Pass.
Respectfully submitted,
Greer of 6th District, Chairman.
Mr. 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 Chairman, to report the same back to the Senate with the following recommendations:
SB 234. Do'Pass.
SB 235. Do Pass. Respectfully submitted,
Brown of 52nd District, Chairman.
Mr. 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 House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
HR 416. Do Pass.
614
JOURNAL OF THE SENATE,
HB 900. Do Not Pass. HE 441. Do Pass. HB 857. Do Pass. HB 275. Do Pass as Amended. HB 971. Do Pass. HR 210. Do Pass. HB 970. Do Pass. HR 358. Do Pass.
Respectfully submitted, Vaughn of 34th District, Secretary.
The following local uncontested bills were read the third time and put upon their passage.
SB 234. By Senator Lanier of the 20th: A bill to change the corporate limits of the City of Sandersville; and for other purposes.
The report 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 768. By Mr. Bynum of Rabun: A bill to provide that counties of 7,370 nor more than 7,470, money placed in the fine and forfeiture fund through courts of ordinaries in traffic cases, be set aside and used to pay claims of officers for services in regard 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 914. By Mr. Kimmons of Pierce: A bill to amend an act establishing the City Court of Blackshear; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
TUESDAY, FEBRUARY 16, 1960
615
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 920. By Mr. Keever of Bartow:
A bill to prohibit solicitation of votes by any means or methods on any election day within a specified distance of the 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 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 923. By Mr. Dilworth of Franklin:
A bill to amend an act creating the office of Commissioner of Roads and Revenues and the Advisory Board of Franklin 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 969. By Messrs. Irvin of Habersham, Gross of Stephens, Hedden of Towns, Bynum of Rabun and Jones of Union:
A bill to abolish the fee system in the superior courts of the Mountain Judicial Circuit to the office of official court reporter in felony 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 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 972. By Messrs. Alien and Fordham of Bulloch:
A bill to repeal an act placing the clerks of superior courts on a salary basis in lieu of a fee basis 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.
616
JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed.
HB 981. By Mr. Jones of Wayne:
A bill to create a Board of Commissioners of Roads and Revenues in the County of Wayne; to provide for a business 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 990. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to amend an act relating to and incorporating the mayor and aldermen of the City of Savannah, to extend 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 1002. By Mr. Busbee of Dougherty:
A bill to amend an act creating a new charter for the City of Albany; and for other purposes.
The report 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 1003. By Messrs. Busbee and Odom of Dougherty:
A bill to permit the Board of Commissioners of Roads and Revenues of Dougherty County to pass rules for development and improvement of real estate in said county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
TUESDAY, FEBRUARY 16, 1960
617
HB 1020. By Mr. Strickland of Evans:
A bill to amend an act incorporating the City of Claxton, so as to change the corporate limits of the City of Claxton; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1021. By Messrs. Busbee and Odom of Dougherty:
A bill to amend an act creating a new charter for the City of Albany, to change the Board of Tax Assessors; and for other purposes.
The report 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 1022. By Messrs. Busbee and Odom of Dougherty:
A bill to amend an act creating a new charter for the City of Albany, to provide four members of the Board of Water, Gas and Light 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1024. By Mr. Hale of Dade: A bill to amend an act incorporating the City of Trenton, to change 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1026. By Mr. Carr of Dooly: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Dooly; and for other purposes.
618
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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed,
HB 1027. By Messrs. McGee, Brennan and Cheatham of Chatham:
A bill to amend an act granting corporate authority to the Town of Tybee; and for other purposes.
The report 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 1028. By Mr. Lancaster of Jones:
A bill to amend an act incorporating the Town of Gray; and for other purposes.
The report 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 1033. By Mr. Paris of Barrow:
A bill to amend an act providing a new charter for the City of Winder; to increase 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1034. By Mr. McCracken of Jefferson:
A bill to amend an act entitled "An act to incorporate the town of Avera in the county of Jefferson and State of Georgia, to define the limit of same, provide the officers to govern it, prescribe the duties"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
TUESDAY, FEBRUARY 16, 1960
619
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1035. By Messrs. Andrews and Williams of Hall:
A bill to amend the charter of the City of Gainesville 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 1037. By Mr. Steis of Harris:
A bill to change the compensation of the sheriff of Harris County from fee to 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1039. By Mr. Steis of Harris:
A bill to provide that the ordinary of Harris County be placed on salary in lieu of 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1041. By Mr. Phillips of Walton:
A bill to authorize the mayor and council of the City of Loganville to close Cherry Street; and for other purposes.
The report 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.
620
JOURNAL OP THE SENATE,
HB 1042. By Mr. Phillips of Walton:
A bill to amend an act to incorporate the Town of Loganville in the counties of Walton and Gwinnett; and for other purposes.
The report 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 1044. By Mr. Ross of Lincoln:
A bill to amend an act providing compensation for the Treasurer of Lincoln 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 1046. By Mr. Tamplin of Morgan:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Morgan County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1049. By Mr. Murphy of Haralson:
A bill to amend an act relating to the Town of Bremen, to repeal charter; and for other purposes.
The report 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 1051. By Messrs. Cheatham, McGee and Brennan of Chatham:
A bill to amend an act relating to the compensation of the tax commissioner of Chatham County; and for other purposes.
TUESDAY, FEBRUARY 16, 1960
621
The report 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 1052. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to authorize the mayor and aldermen of the City of Savannah to convey to St. John's Church, certain property; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1056. By Messrs. Hall, Scoggin and Lowrey of Floyd:
A bill to amend an act to authorize the clerk of the superior court to employ one typist and change salary of two jailers; and for other purposes.
The report 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 1057. By Messrs. Hall, Scoggin and Lowrey of Floyd:
A bill to authorize the Commissioners of Roads and Revenues of Floyd County to provide group insurance, for all regular 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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1058. By Messrs. Hall, Scoggin and Lowrey of Floyd:
A bill to amend an act to create a new charter for the City of Cave Spring, to change maximum limit of tax upon real estate; and for other purposes.
622
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 1061. By Messrs. Hall, Lowrey and Scoggin of Floyd:
A bill to amend an act creating a new charter for the City of Rome, to enlarge 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 1062. By Mr. Strickland of Evans:
A bill to amend an act establishing the city court of Claxton, to place the solicitor of said court on annual 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.
HB 1063. By Mr. Strickland of Evans:
A bill to fix the compensation of the clerk of the superior court of Evans County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1066. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act to create a system of pensions and retirement pay for officers and employees 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 40, nays 0.
TUESDAY, FEBRUARY 16, 1960
623
The bill, having received the requisite constitutional majority, was passed.
HB 1067. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act creating the Civil Court 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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1068. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A bill to amend an act creating a new charter for the Town of Decatur, now City of Decatur, for levy and collection of 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 1069. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A bill to amend an act creating a new charter for the City of Decatur, relating to attendance fees for the Commissioners and 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 1048. By Mr. Murphy of Haralson:
A bill to amend an act incorporating the City of Tallapoosa; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 1048 by striking sections 8 and 9 of said act and appropriately renumbering the remaining sections of said act.
On the adoption of the amendment, the ayes were 28, nays 0, and the amendment was adopted.
624
JOURNAL OF THE SENATE,
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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SR 123. By Senator Perry of the 24th:
A RESOLUTION
Proposing to the qualified voters of Marion County an Amendment to Article VII, Section VII, Paragraph V, of the Constitution of Georgia of 1945, so as to authorize Marion County to issue certain revenue anticipation obligations known as revenue bonds for the purpose therein stated.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section VII, Paragraph V, of the Constitution of the State of Georgia is hereby amended by adding at the end of Paragraph V the following:
"Provided further, that revenue anticipation obligations herein called revenue bonds may be issued by Marion County herein called the issuer, to provide funds for the purchase, construction, enlargement, or either of facilities, including land, buildings, appurtenances, machinery and equipment, suitable for use by (a) any industry for manufacturing, processing, or assembling any agricultural or manufactured product or (b) any commercial enterprise in storing, warehousing, distributing or selling products of agriculture, mining and industry, or any combination thereof. Such facilities may be leased or sold by the issuer to such industry or commercial enterprise upon such terms as may be agreed upon, subject to the lien of the revenue bonds upon the revenue of the facilities involved. No sale shall be completed and title to the facility shall remain in the issuer until all revenue bonds outstanding secured by the revenue of such undertaking shall have been paid in full.
"The revenue bonds shall be payable, as to principal and interest, only from revenue received from such undertaking, and shall not be deemed debts of, or create debts against the issuer within the meaning of this Constitution; and the issuer shall not exercise the power of taxation for the purpose of paying the principal or interest of the revenue bonds or any part thereof. Such revenue bonds, their transfer, the income therefrom, the security therefor, and until the payment in full of the obligation such facilities shall at all times be exempt from taxation from within the State. Bonds may be issued bearing rate or rates of interest and maturing at the years and amounts determined by the governing body of the issuer and when so authorized the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761) as amended, Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder. Upon the adoption
TUESDAY, FEBRUARY 16, 1960
625
of this amendment the issuer may proceed to comply with the provisions hereof immediately without any further action on the part of the General Assembly."
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 to the voters 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 Article VII, Section VII, Paragraph V, of the Constitution authorizing Marion County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce.
"Against ratification of amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Marion County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce."
If a majority of the electors of said county qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article VII, Section VII, Paragraph V, of the Constitution of this State, and the Governor 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 Barrett of 45th Breedlove Brooks Brown Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster Dykes
Edenfield
Gearreld Greer Hays Holton Home Jernigan Kiker Land Lanier Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn
Mercer
Nixon Pannell Perry Purcell Ramsey Redwine Roach Sanders Skelton Slade Vaughn Woodall
By unanimous consent, verification of the roll call was dispensed with.
626
JOURNAL OP THE SENATE,
On the adoption of the resolution, the ayes were 43, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
SR 124. By Senator Brooks of the 23rd:
A RESOLUTION
Proposing to the qualified voters of Taylor County an Amendment to Article VII, Section VII, Paragraph V, of the Constitution of Georgia of 1945, so as to authorize Taylor County to issue certain revenue anticipation obligations known as revenue bonds for the purpose therein stated.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section VII, Paragraph V, of the Constitution of the State of Georgia is hereby amended by adding at the end of Paragraph V the following:
"Provided further, that revenue anticipation obligations herein called revenue bonds may be issued by Taylor County herein called the issuer, to provide funds for the purchase, construction, enlargement, or either of facilities, including land, buildings, appurtenances, machinery and equipment, suitable for use by (a) any industry for manufacturing, processing, or assembling any agricultural or manufactured product or (b) any commercial enterprise in storing, warehousing, distributing or selling products of agriculture, mining and industry, or any combination thereof. Such facilities may be leased or sold by the issuer to such industry or commercial enterprise upon such terms as may be agreed upon, subject to the lien of the revenue bonds upon the revenue of the facilities involved. No sale shall be completed and title to the facility shall remain in the issuer until all revenue bonds outstanding secured by the revenue of such undertaking shall have been paid in full.
"The revenue bonds shall be payable, as to principal and interest, only from revenue received from such undertaking, and shall not be deemed debts of, or create debts against the issuer within the meaning of this Constitution; and the issuer shall not exercise the power of taxation for the purpose of paying the principal or interest of the revenue bonds or any part thereof. Such revenue bonds, their transfer, the income therefrom, the security therefor, and until the payment in full of the obligation such facilities shall at all times be exempt from taxation from within the State. Bonds may be issued bearing rate or rates of interest and maturing at the years and amounts determined by the governing body of the issuer and when so authorized the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761) as amended, Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder. Upon the adoption of this amendment the issuer may proceed to comply with the provisions hereof immediately without any further action on the part of the General Assembly."
TUESDAY, FEBRUARY 16, 1960
627
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 to the voters 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 Article VII, Section VII, Paragraph V, of the Constitution authorizing Taylor County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce.
"Against ratification of amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Taylor County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce."
If a majority of the electors of said county qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article VII, Section VII, Paragraph V, of the Constitution of this State, and the Governor 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 Barrett of 45th Breedlove Brooks Brown Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster Dykes
Edenfield Gearreld Greer Hays Holton Home Jernigan Kiker Land Lanier Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn
Mercer Nixon Pannell Perry Purcell Ramsey Redwine Roach Sanders Skelton Slade Vaughn Woodall
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 43, nays 0.
628
JOURNAL OF THE SENATE,
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
SR 125. By Senator Doster of the 48th:
A RESOLUTION
Proposing to the qualified voters of Wilcox County an Amendment to Article VII, Section VII, Paragraph V, of the Constitution of Georgia of 1945, so as to authorize Wilcox County to issue certain revenue anticipation obligations known as revenue bonds for the purpose therein stated.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section VII, Paragraph V, of the Constitution of the State of Georgia is hereby amended by adding at the end of Paragraph V the following:
"Provided further, that revenue anticipation obligations herein called revenue bonds may be issued by Wilcox County herein called the issuer, to provide funds for the purchase, construction, enlargement, or either of facilities, including land, buildings, appurtenances, machinery and equipment, suitable for use by (a) any industry for manufacturing, processing, or assembling any agricultural or manufactured product or (b) any commercial enterprise in storing, warehousing, distributing or selling products of agriculture, mining and industry, or any combination thereof. Such facilities may be leased or sold by the issuer to such industry or commercial enterprise upon such terms as may be agreed upon, subject to the lien of the revenue bonds upon the revenue of the facilities involved. No sale shall be completed and title to the facility shall remain in the issuer until all revenue bonds outstanding secured by the revenue of such undertaking shall have been paid in full.
"The revenue bonds shall be payable, as to principal and interest, only from revenue received from such undertaking, and shall not be deemed debts of, or create debts against the issuer within the meaning of this Constitution; and the issuer shall not exercise the power of taxation for the purpose of paying the principal or interest of the revenue bonds or any part thereof. Such revenue bonds, their transfer, the income therefrom, the security therefor, and until the payment in full of the obligation such facilities shall at all times be exempt from taxation from within the State. Bonds may be issued bearing rate or rates of interest and maturing at the years and amounts determined by the governing body of the issuer and when so authorized the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761) as amended, Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder. Upon the adoption of this amendment the issuer may proceed to comply with the provisions hereof immediately without any further action on the part of the General Assembly."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected
TUESDAY, FEBRUARY 16, 1960
629
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 to the voters 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 Article VII, Section VII, Paragraph V, of the Constitution authorizing Wilcox County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce.
"Against ratification of amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Wilcox County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce."
If a majority of the electors of said county qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article VII, Section VII, Paragraph V, of the Constitution of this State, and the Governor 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 Barrett of 45th Breedlove Brooks Brown Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster Dykes
Edenfield Gearreld Greer Hays Holton Home Jernigan Kiker Land Lanier Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn
Mercer Nixon Pannell Perry Purcell Ramsey Redwine Roach Sanders Skelton Slade Vaughn Woodall
By unanimous consent, verifications 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 two-thirds ma\ 'ity, was adopted.
630
JOURNAL OP THE SENATE,
SR 126. By Senator Home of the 13th:
A RESOLUTION
Proposing to the qualified voters of Macon County an Amendment to Article VII, Section VII, Paragraph V, of the Constitution of Georgia of 1945, so as to authorize Macon County to issue certain revenue anticipation obligations known as revenue bonds for the purpose therein stated.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section VII, Paragraph V, of the Constitution of the State of Georgia is hereby amended by adding at the end of Paragraph V the following:
"Provided further, that revenue anticipation obligations herein called revenue bonds may be issued by Macon County herein called the issuer, to provide funds for the purchase, construction, enlargement, or either of facilities, including land, buildings, appurtenances, machinery and equipment, suitable for use by (a) any industry for manufacturing, processing, or assembling any agricultural or manufactured product or (b) any commercial enterprise in storing, warehousing, distributing or selling products of agriculture, mining and industry, or any combination thereof. Such facilities may be leased or sold by the issuer to such industry or commercial enterprise upon such terms as may be agreed upon, subject to the lien of the revenue bonds upon the revenue of the facilities involved. No sale shall be completed and title to the facility shall remain in the issuer until all revenue bonds outstanding secured by the revenue of such undertaking shall have been paid in full.
"The revenue bond shall be payable, as to principal and interest, only from revenue received from such undertaking, and shall not be deemed debts of, or create debts against the issuer within the meaning of this Constitution; and the issuer shall not exercise the power of taxation for the purpose of paying the principal or interest of the revenue bonds or any part thereof. Such revenue bonds, their transfer, the income therefrom, the security therefor, and until the payment in full of the obligation such facilities shall at all times be exempt from taxation from within the State. Bonds may be issued bearing rate or rates of interest and maturing at the years and amounts determined by the governing body of the issuer and when so authorized the procedure of validation issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761) as amended, Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder. Upon the adoption of this amendment the issuer may proceed to comply with the provisions hereof immediately without any further action on the part of the General Assembly :"
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 to
TUESDAY, FEBRUARY 16, 1960
631
the voters 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 Article VII, Section VII, Paragraph V, of the Constitution authorizing Macon County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce.
"Against ratification of amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Macon County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce."
If a majority of the electors of said county qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article VII, Section VII, Paragraph V, of the Constitution of this State, and the Governor 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 Barrett of 45th Breedlove Brooks Brown Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster Dykes
Edenfield Gearreld Greer Hays Holton Home Jernigan Kiker Land Lanier Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn
Mercer Nixon Pannell Perry Purcell Ramsey Redwine Roach Sanders Skelton Slade Vaughn Woodall
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 two-thirds majority, was adopted.
The following bill of the House was taken up for the purpose of considering House action thereto:
632
JOURNAL OP THE SENATE,
HB 718. By Mr. Gowen of Glynn:
A bill to provide a year's support allowance out of the proceeds of property under option; and for other purposes.
Senator Wright of the 42nd moved that the Senate insist on its position in amending HB 718 and that a Committee of Conference be appointed.
On the motion, the ayes were 37, nays 0, and the motion prevailed.
The president appointed as a Committee of Conference on the part of the Senate:
Senators Culpepper of the 7th, Wright of the 42nd and Vaughn of the 34th.
The following general bills, favorably reported by the committees, were read the third time and put upon their passage:
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.
The Committee on Judiciary offered the following substitute:
AN ACT
To provide that in the trial of civil suits for personal injuries counsel shall be allowed to argue the worth or monetary value of pain and suffering to the jury; and for other purposes.
SECTION 1
In the trial of a civil suit for personal injuries, counsel shall be allowed to argue the worth or monetary value of pain and suffering to the jury. Provided however that any such argument shall conform to the evidence or reasonable deductions from the evidence in said case.
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 36, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
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633
HB 233. By Messrs. Bagby of Paulding, Murphy of Haralson, Ballard of Newton, Scoggin of Ployd, Lott of Berrieh, Bolton of Spalding and Paris of Bartow:
A bill creating the office of judge of the superior courts emeritus, to change the service qualifications for appointment to office of judge of the superior courts emeritus; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend HB 233 by inserting after the words "one complete term" wherever they appear in said bill the following words: "or its equivalent number of years in two or more terms."
On the adoption of the amendment, the ayes were 31, 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 658. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to amend an act creating the positions of Judges Emeritus of State Court of Appeals, eligibility for such office; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 857. By Messrs. Gowen of Glynn, Blalock of Clayton, Ray of Warren and others: A bill to amend the act entitled "The Georgia Retailers' and Consumers' Sales and Use Tax Act" to remove ambiguities with respect to upon whom the tax is levied; and for other purposes.
The report 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 932. By Messrs. Smith of Emanuel, Twitty of Mitchell and Underwood of Montgomery: A bill to provide appropriation to the Department of Labor out of
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funds credited to and held in this State's account in the unemployment trust fund; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill, 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 Breedlove Brooks Brown Buff Carlisle Clary Culpepper Darby Edenfield Gearreld Greer
Hays
Holton Home Jernigan Kiker Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley Nixon
Pannell
Perry Ramsey Redwine Roach Roper Screws Shaw Skelton Slade Smith Vaughn Woodall Wright
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 722. By Mr. Gowen of Glynn:
A bill to provide that a widow shall have no right of dower in land under option to purchase to which she consented in writing prior to death of her husband; and for other purposes.
The Committee on Judiciary offered the following substitute:
AN ACT
To provide that if dower is set apart for the benefit of any person in or with respect to land on which there is a recorded option to purchase or contract to sell outstanding at the time the same is so set apart, such person, and any purchasers or lessees of said land after the same has been so set apart, shall take said land, or any interest therein, subject to all of the rights and privileges of the grantee of said option or contract to sell, and of any assignees of said option or contract to sell, if such assignment or assignments are also recorded; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. If dower is set apart for the benefit of any person in or with respect to land on which there is a recorded option to purchase
TUESDAY, FEBRUARY 16, 1960
635
or contract to sell outstanding at the time the same is so set apart, such person, and any purchasers or lessees of said land after the same has been so set apart, shall take said land, or any interest therein, subject to all of the rights and privileges of the grantee of said option or contract to sell, and of any assignees of said option or contract to sell, if such assignment or assignments are also recorded.
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 substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 747. By Messrs. Musgrove of Clinch, Caldwell of Upson and Hall of Ployd:
A bill to amend an act making appropriations for the operation of state government, to provide for scholarships for teachers; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill, involving an appropriation, a roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Senators:
Barrett of 32nd Barrett of 45th Breedlove Brooks Brown Buff Cannon Carlisle Clary Crowe Culpepper Darby Dykes Edenfield
Gearreld Greer Hays Holton Home Jernigan Kiker Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer
Mobley Nixon Pannell Purcell Ramsey Redwine Roach Roper Screws Shaw Skelton Slade Vaughn Watson
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 42, nays 0. The bill, having received the requisite constitutional majority, was passed.
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HB 863. By Messrs. Blalock of Clayton and Ray of Warren:
A bill to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act, relating to collecting of income taxes and state taxes generally; and for other purposes.
Senator Perry of the 24th offered the following amendment:
Amend HB 863 by adding thereto a new section to be numbered "IA" to read as follows:
"Nothing contained in this act shall be construed to allow the collection of any sales taxes, interest or penalties thereon, which are barred by the Statute of Limitations in existence prior to the adoption of this act."
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, was agreed to as amended.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 931. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to authorize cities of a certain population to become self insurers; and for other purposes.
Senator Vaughn of the 34th offered the following amendment:
Amend HB 931 by striking section one thereof and inserting in lieu thereof the following:
"Section 1. All municipalities of Georgia whose population as determined by the Federal census of 1950 or by any later Federal census shall be between 119,500 and 250,000 persons, shall be and are hereby authorized in their discretion to become self insurers under the provisions of Georgia Laws, 1955, p. 448, section 1 and 2, codified in Ga. Code Ann. section 56-1013 and 56-1014."
The clerk is directed to amend the caption accordingly.
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, was agreed to, as amended.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
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637
HR 128. By Mr. Hale of Dade:
A resolution to compensate Grady Bradford and Lunsford J. Neal; 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 Breedlove Brooks Brown Buff Cannon Carlisle Clary Crowe Culpepper Darby Doster Dykes Edenfield
Gearreld Greer Hays Holton Horne Jernigan Kiker Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley MeGill
Nixon Pannell Perry
Purcell Ramsey Redwine Roach Roper Sanders Screws Shaw Skelton Slade Vaughn
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 46, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 275. By Mr. Kidd of Baldwin:
A resolution to provide for compensation and expenses for the services rendered by Dr. George W. Jackson; 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 Breedlove Brooks
Brown Buff Cannon Carlisle Clary
Crowe Culpepper Darby Doster Dykes
638
Edenfield Gearreld Greer Hays Holton Home Jernigan Kiker Land Lanier Lindsey of 53rd
JOURNAL OP THE SENATE,
Livingston Marshall Marshburn Mercer Mobley McGill Nixon Pannell Perry Purcell Ramsey
Redwine Roach Roper Sanders Screws Shaw Skelton Slade Vaughn
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 46, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following bill of the House was taken up for the pui-pose of considering the report of a Committee of Conference thereto:
HB 650. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to create the Georgia Prison Industries Administration, to provide for a short title, to provide for the compensation of such administration; to provide for powers and duties; to authorize the utilization of convict labor; etc.; and for other purposes.
The report of the Committee of Conference was as follows:
The Conference Committee on House Bill No. 650 recommends the adoption of the substitute bill attached hereto.
Respectfully submitted,
signed Twitty of Mitchell Joe C. Underwood of Montgomery Ray of Warren
C. 0. Nixon of the 35th Asa M. Marshall, Jr. of the 28th John W. Greer of the 6th
AN ACT
To create the Georgia Prison Industries Administration; to provide for a short title; to provide for the composition of such Administration; to provide for powers and duties; to authorize the utilization of convict labor; to provide for the retention of earnings; to authorize the holding and using of monies; to provide that custody of all convicts shall remain in the State Board of Corrections; to provide for funds; to repeal conflicting laws; and for other purposes.
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639
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
This Act shall be known as, and may be cited as, the "Georgia Prison Industries Act".
SECTION 2
There is hereby created a body corporate and politic, an instrumentality and public corporation of this State to be known as the "Georgia Prison Industries Administration". It shall have perpetual existence. In such name, it may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in any and all courts.
SECTION 3
The Administration shall be composed ex officio of the Governor, the members of the State Board of Corrections and the State Supervisor of Purchases. Such members shall receive no compensation for their services and shall not be reimbursed for expenses incurred in their services. The Administration shall have power to perfect its own organization and to adopt such rules and by-laws as may be necessary for its government. The Administration shall elect a chief executive officer who shall be the Director of Corrections.
SECTION 4
The Administration shall have, in addition to any other powers conferred by this Act, the following powers:
(a) To have a seal and alter the same at pleasure;,
(b) To acquire by purchase, lease, or otherwise, and to hold, lease and dispose of in any manner, real and personal property of every kind and character for its corporate purposes;
(c) To appoint, upon the recommendation of its chief executive officer, such additional officers, agents and employees as may in its judgment be necessary to carry on the business of the Administration; to fix compensation for such officers and employees and to promote and discharge the same. Provided, however, that all legal services for the Administration shall be rendered by the Attorney General and his staff and no fee shall be paid to any attorney or law firm for legal services. The Administration, however, shall be authorized to pay such fees, stamps, and licenses and any court costs that may be incurred by virtue of the powers herein granted;
(d) The Administration shall have the same powers and authority as now possessed by the State Board of Corrections in connection with the manufacture and sale of products;
(e) To utilize any and all convicts who may be made available for its corporate purposes by the State Board of Corrections. The Administration shall not be required to make any payment to the State Board of Corrections for the use of such labor;
(f) To retain any earnings to be used for capital expansion, and in the event that the Administration shall accumulate a surplus in excess of the amount necessary for the amount for the efficient operation
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of the program authorized by this Act, to turn such surplus over to the State Treasury.
(g) To borrow money and to pledge any or all property owned by the Administration as security therefor;
(h) To receive from any source, including, but not limited to, the State, municipalities and political subdivisions of the State and the Federal Government, gifts and grants for its corporate purposes.
(i) To hold, use, administer and expend such sum or sums as may hereafter be appropriated by authority of the General Assembly or the Budget Bureau for any of the purposes of the Administration.
(j) To provide training facilities for the pre-release rehabilitation and education of prisoners confined in the Georgia Penal System.
SECTION 5
The State Board of Corrections shall have responsibility for the custodial care of all convicts utilized by the Administration and nothing in this Act shall be construed to the contrary.
SECTION 6
Until such time as provision is made for the operation of the Administration in the General Appropriations Act, the Budget Bureau is hereby authorized and directed to transfer any available funds to the Administration in the manner provided by law.
SECTION 7
All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Greer of the 6th moved that the Senate adopt the report of the Committee of Conference.
On the motion, the ayes were 37, nays 0, and the report of the Committee of Conference was adopted.
HB 807. By Mr. Thornton of Bibb:
A bill to amend an act pertaining to insanity after criminal conviction when there are reasonable grounds, the Governor may cause examination and sanity tried by jury; and for other purposes.
The Committee on Judiciary offered the following substitute:
A BILL
To be entitled an Act to amend Code Section 27-2602 pertaining to disposition of insane convicts, so as to provide that when the Governor shall provide for the examination of such a person, he shall be examined according to legal definition of insanity; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 27-2602, pertaining to disposition of in-
TUESDAY, FEBRUARY 16, 1960
641
sane convicts, is amended by striking said Section in its entirety and inserting in lieu thereof a new Section, which shall read as follows:
"27-2602. Upon satisfactory evidence being offered to the Governor, showing reasonable grounds to believe that a person convicted of a capital offense has become insane subsequent to his conviction, the Governor may, in his discretion, have said person examined by such expert physicians as the Governor may choose, the cost of said examination to be paid by the Governor out of the contingent fund. It shall be the responsibility of the Governor to cause said physicians to receive written instructions which plainly set forth the legal definitions of insanity as recognized by the laws of this State, and said physician shall, after making the necessary examination of the prisoner, report in writing to the Governor whether or not reasonable grounds exist to raise an issue that the prisoner is insane by the standards previously specified to them by the Governor. The Governor may, if he shall determine that the person convicted has become insane, have the power of committing him to the Milledgeville State Hospital until his sanity shall have been restored or determined by laws now in force."
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, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 275. By Mr. Love of Catoosa:
A bill to amend an act creating and establishing a factory for the blind, to provide the Board of Managers shall give preference to blind persons in hiring supervisors; and for other purposes.
The Committee on Rules offered the following amendment:
Amend HB 275 by striking from the title of said bill the words "so as to strike the amended provision in Section 5 which limited the duties of the Board of Managers to that of 'advisory only' " and inserting in lieu thereof the words "so as to activate the Board of Managers; to authorize the abolition of said Board."
By striking from the title of said bill the words "to provide that the minimum hourly wage shall not be less than that fixed by the Fair Labor Standards Act";
By striking therefrom Section 1 in its entirety and inserting in lieu thereof a new section to read as follows:
"Section 1. An Act creating and establishing a factory for
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the blind, approved March 30, 1937 (Ga. Laws 1937, p. 579), as amended, particularly by an Act approved February 14, 1949 (Ga. Laws 1949, p. 544), is amended by striking Section 5 thereof in its entirety and inserting in lieu thereof a new section to read as follows:
"Section 5. Said factory is a State institution under the direction and supervision of the Department of Public Welfare. The management of said factory shall be by a Board of Managers, appointed by the Governor, of seven citizens of the State, at least four of whom shall be experienced manufacturers interested in the relief of the blind and one blind citizen of Georgia who shall serve at the pleasure of the Governor, and, in addition thereto, the following shall be ex-officio members of said Board, namely: the State Treasurer, the State Superintendent of Schools, the Director of Public Welfare, the State Supervisor of Purchases, and the State Supervisor of Vocational Rehabilitation. Provided that the Governor may at any time abolish said Board by executive order and transfer its functions to the Department of Public Welfare."
By striking from Section 2 thereof the proposed amendatory language to Section 6 of the original 1937 Act, which reads: "which shall not be less than the minimum hourly wage fixed by the Fair Labor Standards 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 as amended, 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 as amended.
HB 708. By Messrs. Fuqua of Richmond and Walker of Lowndes:
A bill to amend section 4 of Article I of the Banking Law of Georgia relating to regulation of private banks, to prohibit new private banks: and for other purposes.
Senator Sanders of the 18th offered the following amendment:
Amend HB 708 by striking from section 1, subsection D the following language:
"and shall furnish as a public record a complete financial statement within 30 days after June 30th and December 30th of each year."
On the adoption of the amendment, the ayes were 32, nays 0, and the amendment was adopted.
The Committee on Banking and Finance offered the following amendment:
Amend HB 708 by adding at the end of subsection (b) of Section 1 of said bill the following:
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643
"Provided that no private bank engaged in business at the time of the passage of this Act shall be required to change the name adopted and in use by it."
On the adoption of the amendment, the ayes were 32, 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 36, nays 0.
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 receded from its position in adopting a substitute but has adopted as amended by the requisite Constitutional majority to the following resolution of the House:
SR 94. By Senators Marshall of the 28th and Culpepper of the 7th:
A resolution directing the Board of Regents to transfer certain lands in Putnam County to State Department of Corrections; and for other purposes.
The House has disagreed to Senate amendment to the following resolution of the House to-wit:
HR 318. By Messrs. Sheffield of Brooks, Matthews of Colquitt, and others:
Proposing an amendment to the Constitution to change provisions relating to terms of members of the General Assembly; and for other purposes.
The House has adopted the Conference Committee report to the following bills of the House to-wit:
HB 755. By Messrs. Carswell and Tucker of Burke, and others:
A bill to be entitled an act to provide that any person purchasing a used school bus shall repaint the same, and any person now using a used school bus repaint the same; and for other purposes.
The following resolution of the House was taken up for the purpose of considering House action thereto:
HR-818. By Messrs. Sheffield of Brooks, Matthews of Colquitt and others:
A resolution proposing an amendment to the Constitution to change provisions relating to terms of members of the General Assembly; and for other purposes.
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Senator Carlisle of the 51st moved that the Senate insist on its position and that a Committee of Conference be appointed.
On the motion, the ayes were 31, nays 0. The motion prevailed and the president appointed as a Committee of Conference on the part of the Senate:
Senators Sanders of the 18th, Culpepper of the 7th and Carlisle of the 51st.
The following resolutions were read and adopted:
HR 499. By Messrs. Lanier of Candler, Floyd of Chattooga and others:
A resolution relative to a Coliseum at the University of Georgia; and for other purposes.
SR 131. By Senators Perry of the 24th, Marshburn of the 33rd, Buff of the 44th, and Greer of the 6th:
A resolution expressing appreciation to Honorable Charlie Brown; and for other purposes.
The following bill of the House was taken up for the purpose of considering the report of a Committee of Conference thereon:
HB 755. By Messrs. Carswell and Tucker of Burke and others:
A bill to provide that any person purchasing a used school bus shall repaint the same; and any person now using a used school bus repaint the same; and for other purposes.
The report of the Committee of Conference was as follows:
Mr. Speaker: Mr. President:
Your conference committee on HB 755, known as the Porter CarswellTucker Bill, requiring purchasers of school buses which are not used for transportation of students to re-paint same a color different from School Bus paint job used for hauling pupils.
We have agreed on the attached new bill which eliminates previous objectionable features.
Carswell of Burke, Chairman Ray of Warren Branch of Tift
Mercer of 49th Jernigan of 5th Mobley of 17th
AN ACT
To provide that it shall be unlawful for any person, firm or corporation to sell or purchase any bus which has been used for the transportation of children in the Georgia State Public School System, unless said bus has been repainted a different color from any shade of orange
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645
or yellow resembling the color of school buses now used in Georgia, and unless all markings and signs indicating that said bus is a "school bus" have been removed; to provide exceptions; to provide for a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
It shall be unlawful for any person, firm or corporation to sell or purchase any bus which has been used for the transportation of children in the Georgia State Public School System, unless said bus has been repainted a different color from any shade of orange or yellow resembling the color of school buses now used in Georgia, and unless all markings and signs indicating that said bus is a "school bus" have been removed from said bus.
SECTION 2
The provisions of this Act shall not apply to the following:
"(a) Any urban transit system operating buses under the jurisdiction of the Georgia Public Service Commission.
(b) Any person, firm or corporation selling or purchasing a bus to be used for the transportation of children in the Georgia State Public School System.
(c) Any person, firm or corporation selling or purchasing a bus for the purpose of converting the same into scrap or for using said bus for any purpose other than operating the same upon the public streets, roads and highways of the State of Georgia or for the transportation of children in the Georgia State Public School System.
SECTION 3
Any person, firm or corporation violating the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided by low.
SECTION 4
All laws and parts of law in conflict with this Act are hereby repealed.
Senator Mobley of 17th moved that the report of the Committee of Conference be adopted.
On the motion, the ayes were 36, nays 0.
The motion prevailed, and the report of the Committee of Conference was adopted.
The following resolution of the Senate was taken up for the purpose of considering House action thereto:
SR 94. By Senators Marshall of the 28th, Culpepper of the 7th and others: A resolution authorizing and directing the Board of Regents of the
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University of Georgia to transfer certain lands in Putnam County to the State Department of Corrections; and for other purposes.
The House amendment was as follows:
Matthews of Clarke and Cox of Clarke and Lanier of Candler move to amend SR 94 in the following particulars, to wit:
(1) by striking from the fifth paragraph of said resolution where ever it appears the figures "2500" and insert in lieu thereof "1000".
(2) by striking the period from the last paragraph of said resolution and inserting a comma and adding the following:
"Provided that not more than 100 acres shall be transferred to the Department of Corrections".
(3) by adding a new paragraph to follow the last paragraph to read as follows:
The title of conveyance shall contain a provision that unless construction shall begin on a State Penitentiary on said property within three years from the date of approval by the Governor that the title to the property conveyed shall revert to the Board of Regents.
Senator Marshall of the 28th moved that the Senate agree to the House amendment of SR 94.
On the motion, the ayes were 36, nays 0, and the amendment was agreed to.
Senator Ramsey of the 1st, 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 of Representatives:
SR 127.
SB 225.
Respectfully submitted,
Ramsey of the 1st District,
Chairman.
The following bill of the Senate was taken up for the purpose of considering House action thereto:
SB 185. By Senator Dykes of the 2nd:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Liberty so as to increase the number of Commissioners; to change the road districts; to provide for election districts; to repeal conflicting laws; and for other purposes.
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647
The House amendment was as follows:
The Committee on Local Affairs moves to amend SB 185 by inserting in the title thereof between the words "to provide for election districts;" and the words "to repeal conflicting laws;" the words "to provide an effective date;" "to provide a refendum;"
By striking from Section 2A of said bill the words "Upon approval of this act or its otherwise becoming a law, it shall be the duty of the Ordinary of Liberty County to issue the call for an election to be held within sixty days from this act becoming a law." and substituting in lieu thereof the words "Upon the ratification of this act, through the referendum as hereinafter provided, it shall be the duty of the Ordinary of Liberty County to issue the call for an election to be held not less than 40 days nor more than 60 days from said date of ratification.", so that when so amended, Section 2A shall read as follows:
"Section 2A. The Commissioners from Road Districts Nos. 1, 2 and 3, presently in office, shall continue in office until the expiration of the term for which they are elected. Upon the ratification of this act, through the referendum as hereinafter provided, it shall be the duty of the Ordinary of Liberty County to issue the call for an election to be held not less than 40 days nor more than 60 days from said date of ratification. The purpose of such election shall be for electing a Commissioner from Road District No. 4 and the Commissioner from the County-at-large. It shall be the duty of the Ordinary to publish the date of the election and the purpose of such election at least once preceding the date thereof in the official organ of Liberty County. The Commissioners elected at such election shall take office immediately and serve until January 1, 1963. Successors to all Commissioners shall be chosen for four year terms at the election held on the regular election day in November, 1962, or as provided in Section 4 of the act approved March 12, 1935 (Ga. Laws 1935, p. 717)."
By inserting between Section 3 and Section 4 of said HB 899, a new section, to be known as Section 3A, which shall read as follows:
"Section 3A. Not less than 3 nor more than 5 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 Liberty County to issue the call for an election for the purpose of submitting this act to the voters of Liberty County for approval or rejection. The Ordinary shall set the date of such election for a day on or before April 1, 1960. 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 Liberty County. The ballot shall have written or printed thereon the words:
'For approval of the act increasing the number of Commissioners; creating election districts; and for other purposes.
'Against approval of the act increasing the number of Commissioners; creating election districts; and for other purposes.'
"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
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for approval of the act, it shall be void and of no force and effect. The expense of such election shall be borne by Liberty 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."
Senator Dykes of the 2nd moved that the Senate agree to the House amendment to SB 185.
On the motion to agree, the ayes were 36, nays 0, and the motion prevailed.
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.
WEDNESDAY, FEBRUARY 17, 1960
649
Senate Chamber, Atlanta, Georgia, Wednesday, February 17, 1960.
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. Ernest E. Brown, Cascade Baptist Church, Atlanta, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Cannon of the 40th 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 Culpepper of the 7th 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 502. By Mr. Gowen of Glynn: A bill to provide for simplifications of fiduciary security transfers, to provide dividends, to provide registration; and for other purposes.
HB 776. By Messrs. Bagby of Paulding, Hill of Meriwether and Bozeman of Thomas: A bill to amend an act creating the Department of Public Safety, to provide a misdemeanor to impersonate an agent of the Department of Public Safety; and for other purposes.
HB 1152. By Mr. Carr of Dooly:
A bill creating a new charter for the City of Vienna; and for other purposes.
650
JOURNAL OF THE SENATE,
HB 1153. By Mr. Carr of Dooly:
A bill creating a new charter for the City of Unadilla; and for other purposes.
HB 1154. By Messrs. Payton and Blalock of Coweta:
A bill to repeal an act creating a new charter for the City of Newnan, authorizing the city to pass zoning and planning laws; and for other purposes.
HB 1155. By Mr. Massee of Pulaski:
A bill to repeal an act abolishing the office of treasurer of Pulaski County to provide the commissioner of roads and revenues shall perform the duties of treasurer of Pulaski County; and for other purposes.
HB 1156. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act establishing a new charter for the City of Decatur, to increase terms of office of Commissioners from two to four years; and for other purposes.
HB 1157. By Mr. Massee of Pulaski:
A bill to amend an act creating a new charter for the City of Hawkinsville, to change city limits; and for other purposes.
HB 378. By Mr. Blalock of Coweta:
A bill to provide that all human blood used or proposed to be used for blood transfusions shall be labeled according to race of the donor; and for other purposes.
HB 490. By Mr. Hill of Meriwether:
A bill to amend an act known as the "Georgia Economic Poisons Act," to redefine terms to extend the provisions to Pesticides, and "Active Ingredient"; and for other purposes.
HB 590. By Mr. Magoon of Hart:
A bill to provide that in the event the driver's license of any person is revoked or suspended by court, plea of guilty, nolo contendere or a forfeiture of bond, etc.; and for other purposes.
HB 692. By Mr. Shuman of Bryan:
A bill to amend code section 34-1905, relating to voting, procuring of ballot, duties of managers, to eliminate persons unable to read English; and for other purposes.
HB 695. By Messrs. Matthews and Cox of Clarke:
A bill to amend code section 26-5104, relative to obtaining license to carry a pistol, applicant for license must present certificate from clerk showing criminal record, if any; and for other purposes.
WEDNESDAY, FEBRUARY 17, 1960
651
HB 702. By Messrs. Ray of Warren and Blalock of Clayton:
A bill to provide a civil penalty for any person having control of collecting from purchasers amounts required under Georgia Retailers' and Consumers' Sales and Use Tax Act; to provide for penalty; and for other purposes.
HB 756. By Messrs. Carswell and Tucker of Burke, and others:
A bill to amend code section 105-1305, relating to actions for the homicide of a wife or mother, to provide that illegitimate child shall have right to sue in such action; and for other purposes.
HB 905. By Mr. Brennan of Chatham:
A bill to amend section 92-3105 specifying corporations and organizations exempt from State Income Tax, etc.; and for other purposes.
HB 1158. By Messrs. Fleming, Fuqua and Edwards of Richmond:
A bill to amend an act relating to the charter of the City of Augusta; and for other purposes.
HB 1160. By Mr. Smith of Emanuel:
A bill creating a Board of Commissioners of Roads and Revenues for Emanuel County, to provide 4 year terms; and for other purposes.
HB 1162. By Mr. Souter of Macon:
A bill to amend an act incorporating the Town of Oglethorpe, in the County of Macon, relating to certain streets; and for other purposes.
HB 1164. By Messrs. Griffin and Taylor of Decatur:
A bill to amend an act incorporating the City of Bainbridge, relating to city employees; 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 493. By Messrs. Hall and Scoggin of Floyd:
A resolution relative to surplus funds held by the Georgia State Agency for Surplus Property; and for other purposes.
HB 664. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act to extend exemptions and immunities accorded to amounts paid by the Teachers' Retirement System to amounts paid by such system to local school retirement systems; and for other purposes.
652
JOURNAL OP THE SENATE,
HB 732. By Messrs. Fleming, Edwards and Fuqua of Richmond:
A bill to amend an act known as the Georgia Ports Authority Act; and for other purposes.
HB 1053. By Mr. Love of Catoosa:
A bill to amend an act creating the office of Commissioner of Roads and Revenues for Catoosa County; and for other purposes.
HB 1141. By Mr. Jessup of Bleckley:
A bill to amend an act creating the City of Cochran as a municipal corporation; and for other purposes.
HB 1143. 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 1144. By Mr. Smith of Emanuel:
A bill to amend an act creating the office of Tax Commissioner of Emanuel County; and for other purposes.
HB 1148. By Messrs. Story and Morgan of Gwinnett:
A bill to amend an act providing a procedure for the control of the fiscal affairs in certain counties; and for other purposes.
HB 1145. By Messrs. Brooks, McClelland and Smith of Fulton: A bill to provide for the retirement of Judges and Solicitors-General of Fulton County, to fix time within which such Judges and officers may qualify for participation in said fund; and for other purposes.
HB 1146. By Mr. Lott of Berrien: A bill to amend an act establishing a new charter for the City of Nashville; and for other purposes.
HB 1147. By Mr. Brooks of Fulton: A bill to amend an act to create a Joint City-County Board of Tax Assessors in Fulton County; and for other purposes.
HR 111. By Mr. Barber of Jackson: A resolution to compensate James Fulton Foster; and for other purposes.
HR 102. By Mr. Murphy of Haralson: A resolution to compensate Mr. Roland Bowman; and for other purposes.
HR 419. By Messrs. Fuqua, Fleming and Edwards of Richmond: A resolution authorizing the conveyance of certain lands located in Richmond County.
WEDNESDAY, FEBRUARY 17, 1960
653
HR 435. By Messrs. Puqua, Fleming and Edwards of Richmond:
A resolution proposing an amendment to the Constitution to provide that the General Assembly have power by legislation to create, vest powers and duties, in county agencies in Richmond County; and for other purposes.
The House has adopted the following resolution of the House, to-wit:
HR 513. By Messrs. Twitty of Mitchell and Smith of Emanuel: A resolution to perpetuate the memory of Mr. Paul A. Stevenson.
HR 516. By Messrs. Smith of Emanuel, Twitty of Mitchell, and many others:
A resolution expressing appreciation to Honorable George B. Hamilton and Honorable Horace Hixon; 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 709. By Mr. Rogers of Heard:
A bill to amend an act relating to the qualification and registration of voters, to authorize a County Executive Committee conducting a county primary for nomination of candidates for public office to fix the deadline for registration of voters to vote in any such primary, to provide duties of Board of Registrars; 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 Senate to wit:
SB 190. By Senator Pannell of the 43rd:
A bill to amend an act providing a new charter for the City of Chatsworth; and for other purposes.
SB 191. By Senator Pannell of the 43rd:
A bill to amend an act granting a new charter to the City of Spring Place, so as to provide that an ad valorem tax, not to exceed five mills, may be levied; to clarify the provisions relating to the tax levy; and for other purposes.
SB 202. By Senator Pannell of the 43rd:
A bill to provide for the closing of that portion of Walnut Street which lies west of Ross Avenue in the City of Chatsworth; and for other purposes.
654
JOURNAL OF THE SENATE,
SB 203. By Senator Brown of the 52nd:
A bill to amend an act providing for retirement of Judges and Solicitor General of the Criminal Court of Fulton County and Judge of Juvenile Court, so as to allow credit for the service, etc.; and for other purposes.
SB 205. By Senator Brown of the 52nd:
A bill to abolish the office of County Treasurer in certain counties; transfer duties from Treasurer to Comptroller or other financial officer of county; and for other purposes.
SB 207. By Senator Brown of the 52nd:
A bill to repeal an act approved March 9, 1956, entitled "An act to create the office of director of public safety in all counties in Georgia having a population of 300,000 or more"; and for other purposes.
SB 215. By Senator Brown of the 52nd:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues for the county of Fulton; and for other purposes.
SR 107. By Senator Sanders of the 18th:
A resolution proposing an amendment to the Constitution so as to authorize Richmond County to levy a tax not to exceed one half mill on all the taxable property in the county for the purpose of creating a fund to be used in the industrial development of the county; 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 House bills and resolutions to wit:
HB 233. By Messrs. Bagby of Paulding, Murphy of Haralson, Ballard of Newton, and others:
A bill creating the office of Judge of the Superior Courts Emeritus, to change the service qualifications for appointment to office of Judge of the Superior Court Emeritus; and for other purposes.
HB 910. By Messrs. Killian and Gowen of Glynn:
A bill to amend an act creating the City Court of Brunswick; to change the compensation of the officials and employees; and for other purposes.
HB 853. By Messrs. Rutland of DeKalb, Twitty of Mitchell and others:
A bill to amend an act relating to motor vehicles licenses so as to change basis on which trucks, tractors, and semi-trailers, for hire or private, are taxed annually; and for other purposes.
WEDNESDAY, FEBRUARY 17, 1960
655
HR 334. By Messrs. Andrews and Williams of Hall:
A resolution proposing an amendment to the Constitution to provide for the election of members of the Board of Education of Hall County; and for other purposes.
HB 849. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to amend an act creating the Chatham County Pension Board; and for other purposes.
HB 936. By Messrs. Bagby of Paulding, Twitty of Mitchell, McCown of Polk, and others:
A bill to amend an act creating a Department of Public Safety, so as to change the provisions relating to subsistence allowances and percentage increases; to provide a fee schedule and charges for Driver's Licenses; to provide effective dates; and for other purposes.
HB 999. By Messrs. Brooks and McClelland of Fulton:
A bill to create an authority having corporate powers for establishing parks, public parking areas, buildings and facilities in Atlanta; and for other purposes.
HB 1064. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to amend an act to provide for the rehabilitation, clearance and redevelopment of slums in cities and towns in this State; and for other purposes.
HB 1070. By Messrs. Matthews of Clarke and Bagby of Paulding:
A bill to amend an act providing for the regulation of signs advertising the price of motor fuel displayed by retailers, to change restrictions; and for other purposes.
HB 1076. By Messrs. Horton of Putnam and Barrett of Cherokee:
A bill to amend code section 92-3109, relating to deductions in computing net income for income tax purposes, to permit use of methods of depreciation; and for other purposes.
HB 1097. By Mr. McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta relating to annexation of territory to the city limits; and for other purposes.
HB 1121. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A bill to amend the charter of the City of Lithonia, relating to streets, alleys, etc.; and for other purposes.
HB 1122. By Messrs. Mackay, McWhorter, and Rutland of DeKalb:
A bill to amend an act providing for salary of the Judges of Superior Court of the Stone Mountain Circuit; and for other purposes.
656
JOURNAL OF THE SENATE,
HB 1136. By Mr. Bagby of Paulding:
A bill to amend an act known as the "Statewide Probation Act" to provide for group blanket coverage bond for circuit probation officers; and for other purposes.
HR 357. By Messrs. Musgrove of Clinch, Caldwell of Upson and Hall of Floyd:
A resolution proposing an amendment to the Constitution to authorize the State Board of Education to expend funds to provide scholarships to teachers; and for other purposes.
HR 380. By Mr. Summers of Crisp: A resolution to compensate Mr. J. R. Meeks; and for other purposes.
HR 392. By Messrs. McCracken of Jefferson, Cheatham, McGee and Brennan of Chatham, and others:
A resolution to relieve the operators of urban transit systems from the payment of delinquent taxes for the year 1958; and for other purposes.
HR 460. By Messrs. Bostick of Tift and Branch of Tift:
A resolution proposing an amendment to the Constitution relating to taxation in Tift County for the support and maintenance of education; and for other purposes.
HR 462. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A resolution proposing an amendment to the Constitution to authorize DeKalb County to levy a tax not exceeding one mill to create a fund to be used in promoting industries in DeKalb County; and for other purposes.
HR 463. By Messrs. Hollis, Pickard and Dicus of Musgrove:
A resolution proposing an amendment to the Constitution so as to create the Columbus Parking Authority; and for other purposes.
HR 464. By Mr. King of Chattahoochee:
A resolution proposing an amendment to the Constitution to authorize Chattahoochee County to issue certain revenue anticipation obligations; and for other purposes.
HR 477. By Mr. Killian of Glynn:
A resolution proposing an amendment to the Constitution to authorize Glynn County to levy tax of one mill to create a fund for promoting the location of industries in Glynn County; and for other purposes.
The House has adopted the following resolutions of the House and Senate, to-wit:
HR 430. By Mr. Blalock of Clayton:
A resolution to provide for the per diem compensation and allowances to
WEDNESDAY, FEBRUARY 17, 1960
657
the members of the Joint Income Tax Law Study Committee; who were appointed by the Governor.
HR 518. By Mr. Ellis of Henry:
A resolution congratulating Miss Annie Laura Lewis; and for other purposes.
HR 519. By Messrs. Smith of Emanuel, Twitty of Mitchell, and many others:
A resolution expressing appreciation to Honorable Ben W. Fortson, Jr. and Honorable Joe Burton; and for other purposes.
HR 272. By Messrs. Kidd and Chandler of Baldwin, and others:
A resolution creating the Mental Health Study Committee; and for other purposes.
HR 472. By Mr. Bostick of Tift:
A resolution creating a committee to investigate the various warehouses and maintenance shops belonging to the State of Georgia.
SR 129. By Senators Crowe of 10th, Cannon of 40th, and others:
A resolution urging the Governor to increase the salaries of school teachers when the funds become available; and for other purposes.
HR 514. By Messrs. Smith of Emanuel, Twitty of Mitchell, and many others:
A resolution expressing appreciation to the Office of Legislative Counsel; 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 600. By Messrs. Kidd of Baldwin, Scoggin of Floyd, Caldwell of Upson, and others:
A bill to provide for the payment of cost of support, care and treatment rendered to persons admitted or committed to Milledgeville State Hospital, and Georgia Training School at Gracewood; and other purposes.
HB 761. By Mr. Keever of Bartow:
A bill to amend an act comprehensively and exhaustingly revising, superseding and consolidating the laws relating to the State Board of Corrections, and to prisons, public work camps and prisoners; and for other purposes.
HR 479. By Messrs. Bradley and Keever of Bartow:
A resolution declaring certain property of the State surplus and authorizing its conveyance to the City of Kingston; and for other purposes.
658
JOURNAL OF THE SENATE,
HE 501. By Mr. Hollis of Muscogee:
A resolution to authorize funds for administering provisions of HB 115; and for other purposes.
HR 502. By Mr. Jones of Worth:
A resolution proposing an amendment to the Constitution to authorize Worth County to issue certain revenue bonds; and for other purposes.
HR 475. By Messrs. Twitty of Mitchell, McKenna of Bibb, and others:
A resolution proposing an amendment to the Constitution to provide for discipline including courts-martial and non-judicial punishment, procedures and rules of evidence thereof; and for other purposes.
SB 222. By Senator Roper of 19th:
A bill to amend an act relating to the incorporating the City of Union Point, in the County of Greene, by changing the corporate limits of said city so as to include therein a certain area adjacent to the present corporate limits of said city; and for other purposes.
SB 220. By Senator Buff of the 44th:
A bill to amend an act incorporating the City of Ringgold, so as to eliminate a tax exemption provision for certain real and personal property; and for other purposes.
HB 803. By Messrs. Twitty of Mitchell, Ray of Warren and Cox of Clarke:
A bill to amend an act to code section 88-105 relating to the Director of the Department of Public Health, to fix compensation of the Director; and for other purposes.
HR 480. By Mr. White of Mclntosh:
A resolution proposing an amendment to the Constitution to provide that Board of Education of Mclntosh County shall be composed of five members elected by the people; and for other purposes.
HR 478. By Messrs. Cox and Mathews of Clarke:
A resolution proposing an amendment to the Constitution so as to authorize the creation of the Athens Public Facilities; and for other purposes.
HR 482. By Messrs. Willingham and Reed of Cobb:
A resolution proposing an amendment to the Constitution to authorize Cobb County to levy ad valorem tax for promoting industries in Cobb County; and for other purposes.
HR 492. By Messrs. Story and Morgan of Gwinnett:
A resolution proposing an amendment to the Constitution to provide staggered terms for members of the Board of Education of Gwinnett County; and for other purposes.
WEDNESDAY, FEBRUARY 17, 1960
659
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:
HB 1161. By Mr. Walker of Lowndes:
A bill to amend the charter of the City of Valdosta, to alter, relocate and redefine the corporate limits; and for other purposes.
The House has passed, by substitute, by the requisite constitutional majority the following resolution of the Senate to wit:
SR 76. By Senator Jernigan of the 5th and others:
A resolution proposing an amendment to the Constitution so as to change the provisions relating to the millage limitation for tax levy for education; and for other purposes.
The House has passed as amended the following bills of the Senate, to-wit:
SB 167. By Senator Perry of the 24th and others:
A bill relating to the State Highway Board so as to change the procedures relating to expenditure of funds; and for other purposes.
SB 169. By Senator Perry of the 24th and others:
A bill to prohibit any person from obtaining credit by use of a credit card issued to another without consent; and for other purposes.
The following bills and resolutions were introduced, read the first time, and referred to committees:
HB 378. By Mr. Blalock of Coweta:
A bill to provide that all human blood used or proposed to be used for blood transfusions shall be labeled according to race of the donor; and for other purposes.
Referred to Committee on Health and Welfare.
HB 490. By Mr. Hill of Meriwether:
A bill to amend an act known as the "Georgia Economic Poisons Act," to redefine terms to extend the provisions to Pesticides; and "Active Ingredients"; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 590. By Mr. Magoon of Hart:
A bill to provide that in the event the driver's license of any person is revoked or suspended by court, plea of guilty, nolo contendere or a forfeiture of bond, etc.; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 664. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act to extend exemptions and immunities according to amounts paid by the Teachers' Retirement System to amounts paid
660
JOURNAL OF THE SENATE,
by such system to local school retirement systems; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 692. By Mr. Shuman of Bryan:
A bill to amend code section 34-1905, relating to voting, procuring of ballot, duties of managers, to eliminate persons unable to read English; and for other purposes.
Referred to Committee on Rules.
HB 695. By Messrs. Matthews and Cox of Clarke:
A bill to amend code section 26-5104, relative to obtaining license to carry a pistol, applicant for license must present certificate from clerk showing criminal record, if any; and for other purposes.
Referred to Committee on Judiciary.
HB 702. By Messrs. Ray of Warren and Blalock of Clayton:
A bill to provide a civil penalty for any person having control of collecting from purchasers amounts required under Georgia Retailers' and Consumers' Sales and Use Tax Act, to provide for penalty; and for other purposes.
Referred to Committee on Rules.
HB 732. By Messrs. Fleming, Edwards and Fuqua of Richmond:
A bill to amend an act known as the Georgia Ports Authority Act; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 756. By Messrs. Carswell and Tucker of Burke and others:
A bill to amend code section 105-1305, relating to actions for the homicide of a wife or mother, to provide that illegitimate child shall have right to sue in such action; and for other purposes.
Referred to Committee on Judiciary.
HB 905. By Mr. Brennan of Chatham:
A bill to amend section 92-3105 specifying corporations and organizations exempt from State Income Tax, etc.; and for other purposes.
Referred to Committee on Rules.
HB 999. By Messrs. Brooks and McClelland of Fulton:
A bill to create an authority having corporate powers for establishing parks, public parking areas, buildings and facilities in Atlanta; and for other purposes.
Referred to Committee on County and Municipal Governments.
WEDNESDAY, FEBRUARY 17, 1960
661
HB 1053. By Mr. Love of Catoosa:
A bill to amend an act creating1 the office of Commissioner of Roads and Revenues for Catoosa County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1064. By Messrs. Smith, Brooks and McClelland of Fulton: A bill to amend an act to provide for the rehabilitation, clearance and redevelopment of slums in cities and towns in this State; and for other purposes.
Referred to Committee on Judiciary.
HB 1070. By Messrs. Matthews of Clarke and Bagby of Paulding: A bill to amend an act providing for the regulation of signs advertising the price of motor fuel displayed by retailers, to change restrictions; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 1076. By Messrs. Horton of Putnam and Barrett of Cherokee: A bill to amend code section 92-3109, relating to deductions in computing net income for income tax purposes, to permit use of methods of depreciation; and for other purposes.
Referred to Committee on Rules.
HB 1097. By Mr. McClelland of Fulton: A bill to amend an act establishing a new charter for the City of Atlanta relating to annexation of territory to the city limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1121. By Messrs. McWhorter, Rutland and Mackay of DeKalb: A bill to amend the charter of the City of Lithonia, relating to streets, alleys, etc.; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1122. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act providing for salary of the judges of the Superior Court of the Stone Mountain Circuit; and for other purposes.
Referred to Committee on Judiciary.
HB 1136. By Mr. Bagby of Paulding:
A bill to amend an act known as the "Statewide Probation Act" to provide for group blanket coverage bond for circuit probation officers; and for other purposes.
Referred to Committee on Penal and Correctional Affairs.
662
JOURNAL OF THE SENATE,
HB 1141. By Mr. Jessup of Bleckley:
A bill to amend an act creating the City of Cochran as a municipal corporation; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1143. 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 Committee on County and Municipal Governments.
HB 1144. By Mr. Smith of Emanuel:
A bill to amend an act creating the office of tax commissioner of Emanuel County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1145. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to provide for the retirement of judges and solicitors-general of Fulton County, to fix time within which such judges and officers may qualify for participation in said fund; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1146. By Mr. Lott of Berrien:
A bill to amend an act establishing a new charter for the City of Nashville; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1147. By Mr. Brooks of Fulton:
A bill to amend an act to create a joint City-County Board of Tax Assessors in Fulton County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1148. By Messrs. Story and Morgan of Gwinnett: A bill to amend an act providing a procedure for the control of the fiscal affairs in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 102. By Mr. Murphy of Haralson: A resolution to compensate Mr. Roland Bowman; and for other purposes.
Referred to Committee on Appropriations.
HR 111. By Mr. Barber of Jackson: A resolution to compensate James Fulton Foster; and for other purposes.
Referred to Committee on Appropriations.
WEDNESDAY, FEBRUARY 17, 1960
663
HR 357. By Messrs. Musgrove of Clinch, Caldwell of Upson and Hall of Floyd:
A resolution proposing an amendment to the Constitution to authorize the State Board of Education to expend funds to provide scholarships to teachers; and for other purposes.
Referred to Committee on Rules.
HR 380. By Mr. Summers of Crisp: A resolution to compensate Mr. J. R. Meeks; and for other purposes.
Referred to Committee on Appropriations.
HR 392. By Messrs. McCracken of Jefferson, Cheatham, McGee and Brennan of Chatham and others:
A resolution to relieve the operators of urban transit systems from the payment of delinquent taxes for the year 1958; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HR 419. By Messrs. Fuqua, Fleming and Edwards of Richmond:
A resolution authorizing the conveyance of certain lands located in Richmond County.
Referred to Committee on Rules.
HR 430. By Mr. Blalock of Clayton:
A resolution to provide for the per diem compensation and allowances to the members of the Joint Income Tax Law Study Committee; who were appointed by the Governor.
Referred to Committee on Appropriations.
HR 435. By Messrs. Fuqua, Fleming and Edwards of Richmond:
A resolution proposing an amendment to the Constitution to provide that the General Assembly has power by legislation to create, vest powers and duties, in county agencies in Richmond County; and for other purposes.
Referred to Committee on Rules.
HR 460. By Messrs. Bostick and Branch of Tift:
A resolution proposing an amendment to the Constitution relating to taxation in Tift County for the support and maintenance of education; and for other purposes.
Referred to Committee on Rules.
HR 462. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A resolution proposing an amendment to the Constitution to authorize DeKalb County to levy a tax not exceeding one mill to create a fund to be used in promoting industries in DeKalb County; and for other purposes.
Referred to Committee on County and Municipal Governments.
664
JOURNAL OF THE SENATE,
HE 463. By Messrs. Hollis, Pickard and Dicus of Musgrove:
A resolution proposing an amendment to the Constitution so as to create the Columbus Parking Authority; and for other purposes.
Referred to Committee on Rules.
HR 464. By Mr. King of Chattahoochee:
A resolution proposing an amendment to the Constitution to authorize Chattahoochee County to issue certain revenue anticipation obligations; and for other purposes.
Referred to Committee on Rules.
HR 477. By Mr. Killian of Glynn:
A resolution proposing an amendment to the Constitution to authorize Glynn County to levy tax of one mill to create a fund for promoting the location of industries in Glynn County; and for other purposes.
Referred to Committee on Rules.
HR 478. By Messrs. Cox and Mathews of Clarke:
A resolution to authorize the creation of the Athens Public Facilities; and for other purposes.
Referred to Committee on Rules.
HR 480. By Mr. White of Mclntosh:
A resolution proposing an amendment to the Constitution to provide that Board of Education of Mclntosh County shall be composed of five members elected by the people; and for other purposes.
Referred to Committee on Rules.
HR 482. By Messrs. Willingham and Reed of Cobb:
A resolution proposing an amendment to the Constitution to authorize Cobb County to levy ad valorem tax for promoting industries in Cobb County; and for other purposes.
Referred to Committee on Rules.
HR 492. By Messrs. Story and Morgan of Gwinnett:
A resolution proposing an amendment to the Constitution to provide staggered terms for members of the Board of Education of Gwinnett County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 493. By Messrs. Hall and Scoggin of Floyd:
A resolution relative to surplus funds held by the Georgia State Agency for Surplus Property; and for other purposes.
Referred to Committee on Government Operations.
WEDNESDAY, FEBRUARY 17, 1960
665
HB 502. By Mr. Gowen of Glynn:
A bill to provide for simplification of fiduciary security transfers, to provide dividends, to provide registration; and for other purposes.
Referred to Committee on Government Operations.
HB 776. By Messrs. Bagby of Paulding, Hill of Meriwether and Bozeman of Thomas:
A bill to amend an act creating the Department of Public Safety, to provide a misdemeanor to impersonate an agent of the Department of Public Safety; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 803. By Messrs. Twitty of Mitchell, Ray of Warren and Cox of Clarke:
A bill to amend code section 88-105, relating to the Director of the Department of Public Health; to fix compensation of the director; and for other purposes.
Referred to Committee on Health and Welfare.
HB 1152. By Mr. Carr of Dooly:
A bill creating a new charter for the City of Vienna; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1153. By Mr. Carr of Dooly:
A bill creating a new charter for the City of Unadilla; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1154. By Messrs. Payton and Blalock of Coweta:
A bill to repeal an act creating a new charter for the City of Newnan, authorizing the city to pass zoning and planning laws; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1155. By Mr. Massee of Pulaski:
A bill to repeal an act abolishing the office of treasurer of Pulaski County to provide the Commissioner of Roads and Revenues shall perform the duties of treasurer of Pulaski County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1156. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act establishing a new charter for the City of Decatur, to increase terms of office of commissioners from two to four years; and for other purposes.
Referred to Committee on County and Municipal Governments.
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JOURNAL OF THE SENATE,
HB 1157. By Mr. Massee of Pulaski:
A bill to amend an act creating a new charter for the City of Hawkinsville, to change city limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1158. By Messrs. Fleming, Fuqua and Edwards of Richmond: A bill to amend an act relating to the charter of the City of Augusta; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1160. By Mr. Smith of Emanuel:
A bill creating a Board of Commissioners of Roads and Revenues for Emanuel County, to provide four year terms; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1161. By Mr. Walker of Lowndes:
A bill to amend the charter of the City of Valdosta, to alter, relocate and redefine the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1162. By Mr. Souter of Macon:
A bill to amend an act incorporating the Town of Oglethorpe, in the County of Macon, relating to certain streets; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1164. By Messrs. Griffin and Taylor of Decatur:
A bill to amend an act incorporating the City of Bainbridge; relating to city employees; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 475. By Messrs. Twitty of Mitchell, McKenna of Bibb and others:
A resolution proposing an amendment to the Constitution to provide for discipline including courts-martial and non-judicial punishment, procedures and rules of evidence thereof; and for other purposes.
Referred to Committee on Rules.
HR 479. By Messrs. Bradley and Keever of Bartow:
A resolution declaring certain property of the State surplus and authorizing the conveyance to the City of Kingston; and for other purposes.
Referred to Committee on County and Municipal Governments.
WEDNESDAY, FEBRUARY 17, 1960
667
HR 501. By Mr. Hollis of Muscogee:
A resolution to authorize funds for administering provisions of HB 115; and for other purposes.
Referred to Committee on Appropriations.
HR 502. By Mr. Jones of Worth:
A resolution proposing an amendment to the Constitution to authorize Worth County to issue certain revenue bonds; and for other purposes.
Referred to Committee on Rules.
HB 600. By Messrs. Kidd of Baldwin, Scoggin of Ployd, Caldwell of Upson and others:
A bill to provide for the payment of cost of support, care and treatment rendered to persons admitted or committed to Milledgeville State Hospital, and Georgia Training School at Gracewood; and for other purposes.
Referred to Committee on Health and Welfare.
HB 761. By Mr. Keever of Bartow:
A bill relating to the State Board of Corrections, and to prisons, public work camps and prisoners, to provide transfer to Milledgeville State Hospital prisoners addicted to dope or alcohol; and for other purposes.
Referred to Committee on Penal and Correctional Affairs.
HB 709. By Mr. Rogers of Heard:
A bill to amend an act relating to qualification, registration of voters, to fix deadline for the registration, to provide duties of Board of Registrars; and for other purposes.
Referred to Committee on Rules.
The following bills and resolutions were read the second time:
HB 501. By Mr. Trotter of Troup:
A bill to provide the precautions to be taken in proximity of high voltage lines for the prevention of accidents; to make provisions for administration and enforcement by the1 Commissioner of Labor; and for other purposes.
HB 598. By Messrs. Kidd and Chandler of Baldwin, Scoggin of Ployd, Alien of Bulloch and others:
A bill to provide for the odbservation, diagnosis and care and treatment of mentally ill persons and their hospitalization, upon court order; and for other purposes.
HB 856. By Messrs. Blalock of Clayton, Ray of Warren and Gowen of Glynn: A bill to amend certain sections of Part IX of Title 92 of the code of
668
JOURNAL OF THE SENATE,
Georgia relating to the collection of income taxes; relating to personal exemption of married persons; and for other purposes.
HB 930. By Messrs. Magoon of Hart and Matthews of Clarke:
A bill to require the president of each college in the University System of Georgia to furnish to school superintendents in this State progress reports as to students enrolled in such institutions; and for other purposes.
HB 935. By Messrs. Murphy of Haralson, Ross of Lincoln, Smith of Emanuel, Twitty of Mitchell and others:
A bill to revise the laws of Georgia relating to the offense of barratry, defining the crime, to prescribe penalties; and for other purposes.
HB 947. By Messrs. Twitty of Mitchell, Smith of Emanuel and Underwood of Montgomery:
A bill to amend an act effecting a complete revision of the laws of this
State relating to the qualification and registration of voters; and for other purposes.
HB 948. By Messrs. Palmer and Twitty of Mitchell and others:
A bill to amend an act providing for the registration of motor vehicles and the issuance of motor vehicle license plates by the tax collectors or tax commissioners of the various counties; and for other purposes.
HB 949. By Messrs. Palmer and Twitty of Mitchell and others:
A bill to amend an act relating to motor vehicle licenses, to provide for the fees to be paid for the licensing of motor vehicles for part of a year; and for other purposes.
HB 950. By Messrs. Palmer and Twitty of Mitchell and others:
A bill to amend code section 68-201, relating to motor vehicles, to change date of registration, to change date the owner shall be subject to a penalty; and for other purposes.
HB 988. By Mr. Odom of Camden:
A bill to establish a minimum annual salary for Judges of County Juvenile Courts in Georgia, in counties of 7,319 to 7,360, to provide for monthly payment thereof; and for other purposes.
HB 1036. By Mr. Steis of Harris:
A bill to abolish the offices of tax receiver and tax collector of Harris County and consolidate said offices into the office of tax commissioner of Harris County; and for other purposes.
HB 1038. By Mr. Steis of Harris:
A bill to provide that the clerk of the Superior Court of Harris County be placed on a salary basis in lieu of a fee basis; and for other purposes.
WEDNESDAY, FEBRUARY 17, 1960
669
HB 1045. By Mr. Lovett of Laurens:
A bill to amend an act to create a new charter for the City of Dublin, to redefine its territorial limits; and for other purposes.
HB 1060. By Messrs. Lovett and Green of Laurens:
A bill to amend an act relating to the placing of the clerk of the Superior Court of Laurens County and his deputies on a salary basis, so as to increase the salary of the clerk of the Superior Court of Laurens County; and for other purposes.
HB 1065. By Messrs. Twitty of Mitchell, Smith of Emanuel, Bagby of Paulding and Ray of Warren:
A bill to enlarge the jurisdiction and power to the Georgia Public Service Commission to authorize commission to prescribe rates, supervise and regulate the furnishing or selling of water by certain persons, firms or private corporations; and for other purposes.
HB 1072. By Mr. Smith of Grady:
A bill to amend an act providing for the appointment of an attorney or attorneys to represent indigent defendants in criminal cases involving capital felonies and appeals from convictions thereof; and for other purposes.
HB 1075. By Messrs. Twitty of Mitchell, and Smith of Emanuel:
A bill to amend the code so as to increase the number of Judges of Court of Appeals from six to seven, to provide that the court shall sit in two divisions; and for other purposes.
HB 1112. By Mr. Alien of Bulloch:
A bill to make it a misdemeanor for any person to refuse to leave certain premises when requested to do so; and for other purposes.
HB 1120. By Messrs. Willingham and Reed of Cobb, Mackay and Rutland of DeKalb, Blalock and Lee of Clayton:
A bill to provide for establishment of an Atlanta Region Metropolitan Planning District for Clayton, Cobb, DeKalb, Fulton and Gwinnett Counties; and for other purposes.
HB 1126. By Mr. Ellis of Henry:
A bill to amend an act to incorporate the Town of McDonough to change the corporate limits; and for other purposes.
HB 1127. By Mr. Gross of Stephens:
A bill to change the compensation of the sheriff of Stephens County from a fee system to a salary system; and for other purposes.
HB 1128. By Mr. Gross of Stephens:
A bill to fix the compensation of the clerk of the superior court of Stephens County; and for other purposes.
670
JOURNAL OF THE SENATE,
HB 1129. By Mr. Busbee of Dougherty:
A bill to amend an act placing the sheriff, clerk of superior court and ordinary of Dougherty County on a salary basis, so as to fix the sum in lieu of the cost of maintaining and operating automobiles; and for other purposes.
HB 1130. By Mr. Hill of Meriwether:
A bill authorizing and directing the governing authorities of certain counties to use convict labor to work and maintain cemeteries located in the rural areas in said counties; and for other purposes.
HB 1131. By Mr. Lovett of Laurens:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Laurens, to provide that certain offices and departments of the county shall submit proposed budgets to the Board of Commissioners; and for other purposes.
HB 1132. By Messrs. Walker and Budd of Lowndes:
A bill to amend the charter of the City of Valdosta to alter, relocate and redefine the corporate limits of said city; and for other purposes.
HB 1133. By Mr. Gross of Stephens:
A bill to fix the compensation of the ordinary of Stephens County; and for other purposes.
HB 1137. By Messrs. Puqua, Edwards and Fleming of Richmond:
A bill to amend an act regulating public instruction in the County of Richmond, to change the compensation of the members, president and vice-president of the Board of Education; and for other purposes.
HB 1138. By Mr. Holcombe of Cobb:
A bill to amend an act creating the Cobb Judicial Circuit; and for other purposes.
HB 1140. By Messrs. Morgan and Story of Gwinnett:
A bill to amend an act establishing the charter of the Town of Snellville, to enlarge the corporate limits; and for other purposes.
HR 120. By Mr. Irvin of Habersham:
A resolution proposing an amendment to the Constitution to empower the General Assembly to authorize any county the right to use public funds for school lunch purposes; and for other purposes.
HR 374. By Messrs. Bostick and Branch of Tift:
A resolution authorizing the regents of the University System of Georgia to convey certain property in Tift County to the United States Government; and for other purposes.
WEDNESDAY, FEBRUARY 17, 1960
671
HR 394. By Messrs. Odom of Camden, Sheffield of Brooks, Parker of Screven and others:
A resolution proposing an amendment to the Constitution to provide an annual salary, expense and mileage of members of the General Assembly; and for other purposes.
HR 459. By Messrs. McClelland, Brooks and Smith of Pulton, Mackay, Rutland and McWhorter of DeKalb:
A resolution proposing an amendment to the Constitution to provide that any property within Fulton County School District is annexed to Atlanta, the liabilities shall be assumed by the city; and for other purposes.
Mr. 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 Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 100. Do Pass.
SB 101. Do Pass.
Respectfully submitted, Greer of 6th District, Chairman.
Mr. Vaughn of the 34th 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 496. Do Pass, as Amended.
HB 742. Do Pass, as Amended.
HB 996. Do Pass.
HB 982. Do Pass.
HB 1018. Do Pass.
HB 1112. Do Pass.
Respectfully submitted, Vaughn of 34th District, Chairman.
672
JOURNAL OP THE SENATE,
Mr. 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 bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 893. Do Pass.
Respectfully submitted, Greer of 6th District, Chairman.
Mr. Culpepper of the 7th District, Chairman of the Committee on Government Operations, submitted the following report: Mr. President:
Your Committee on Government Operations has had under consideration the following bills and resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 840. Do Pass. HB 869. Do Pass. HB 954. Do Pass. HB 983. Do Pass. HB 984. Do Pass. HB 749. Do Not Pass. HR 411. Do Pass. HR 382. Do Pass.
Respectfully submitted, Culpepper of 7th District, Chairman.
Mr. 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 930. Do Pass.
Respectfully submitted,
Jernigan of 5th District,
Chairman.
WEDNESDAY, FEBRUARY 17, 1960
673
Mr. Doster of the 48th District, Chairman of the Committee on Agriculture 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 Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 115. Do Pass.
HB 63. Do Pass, by Substitute.
HB 420. Do Pass. HB 773. Do Pass.
HB 764. Do Pass.
HB 907. Do Pass.
HB 1113. Do Pass.
HB 772. Do Pass. Respectfully submitted,
Doster of 48th District,
Chairman.
Mr. 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 944. Do Pass.
HB 1005. Do Pass.
HB 1019. Do Pass.
Respectfully submitted,
Wright of 42nd District,
Chairman.
Mr. 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 has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 796. Do Pass.
HB 887. Do Pass.
674
JOURNAL OF THE SENATE,
HB 965. Do Pass.
HB 908. Do Pass, as Amended.
HB 991. Do Pass.
HB 992. Do Pass.
HB 987. Do Pass.
HB 993. Do Pass.
HB 994. Do Pass.
HB 995. Do Pass.
HB 998. Do Pass.
HB 1006. Do Pass.
HB 1007. Do Pass.
HB 1008. Do Pass.
HB 1009. Do Pass.
HB 1010. Do Pass.
HB 1011. Do Pass.
Respectfully submitted,
Brown of 52nd District, Chairman.
Mr. 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 1029. Do Pass. HB 1030. Do Pass. HB 1031. Do Pass. HB 1032. Do Pass. HB 1040. Do Pass. HB 1071. Do Pass. HB 1073. Do Pass. HB 1081. Do Pass. HB 1082. Do Pass, as Amended. HB 1083. Do Pass. HB 1084. Do Pass. HB 1086. Do Pass.
WEDNESDAY, FEBRUARY 17, 1960
675
HB 1087. Do Pass. HB 1088. Do Pass.
Respectfully submitted, Brown of 52nd District, Chairman.
Mr. 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 has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1089. Do Pass.
HB 1090. Do Pass.
HB 1091. Do Pass.
HB 1092. Do Pass.
HB 1093. Do Pass.
HB 1099. Do Pass.
HB 1100. Do Pass.
HB 1101. Do Pass.
HB 1102. Do Pass.
HB 1103. Do Pass.
HB 1104. Do Pass.
Respectfully submitted,
Brown of 52nd District,
Chairman.
Mr. Brown of the 52nd District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Y'our Committee on County and Municipal Governments 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 1105. Do Pass.
HB 1106. Do Pass.
HB 1114. Do Pass, as Amended.
HB 1115. Do Pass.
HB 1116. Do Pass.
HB 1117. Do Pass.
676
JOURNAL OF THE SENATE,
HB 1118. Do Pass. HB 1124. Do Pass, as Amended.
Respectfully submitted, Brown of 52nd District, Chairman.
Mr. 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 House and has instructed me, as Secretary, to report the same back to the Senate with the following recommendations:
HR 457. Do Pass. HR 425. Do Pass. HR 385. Do Pass. HR 436. Do Pass. HR 405. Do Pass, as Amended. HB 974. Do Pass. HB 820. Do Pass. HB 698. Do Pass. HB 818. Do Pass. HB 705. Do Pass. HB 743. Do Pass, as Amended. HR 120. Do Pass. HR 443. Do Pass.
Respectfully submitted, Vaughn of 34th District, Secretary.
Mr. 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 resolutions of the House and has instructed me, as Secretary, to report the same back to the Senate with the following recommendations:
HR 449. Do Pass.
HR 445. Do Pass.
HR 406. Do Pass.
WEDNESDAY, FEBRUARY 17, 1960
677
HR 452. Do Pass. HR 426. Do Pass. HR 407. Do Pass. HR 414. Do Pass. HR 455. Do Pass. HR 448. Do Pass. HR 410. Do Pass. HR 447. Do Pass. HR 446. Do Pass.
Respectfully submitted, Vaughn of 34th District, Secretary.
The following local uncontested bills were read the third time and put upon their passage:
SB 235. By Senator Mercer of the 49th:
A bill to increase the salaries of the City Court of Metter; and for other purposes.
The report 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 236. By Senator Lindsey of the 53rd:
A bill to provide an increase in the compensation for the judge and solicitor of the city court in all counties having a population of not less than 23,700 and not more than 24,200 according to the U. S. Census of 1950 or any other such census; 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 908. By Messrs. Phillips, McKenna and Thornton of Bibb:
A bill to amend an act relating to the Macon Hospital Commission, by increasing the membership; and for other purposes.
678
JOURNAL OF THE SENATE,
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 908 by changing the period at the end of the last sentence in section 12-106 on page 6 to a comma and adding the words: "and plus two-thirds of current accounts receivable at book value."
On the adoption of the amendment, the ayes were 28, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, as agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 1082. By Mr. Massee of Pulaski:
A bill to change the compensation of the tax collector of Pulaski County from fee to salary system; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 1082 by striking from Section 1 thereof the figures "$4,800.00" and inserting in lieu thereof the figures "$6,000.00."
On the adoption of the amendment, the ayes were 28, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, as agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 1114. By Mr. McGibony of Greene:
A bill to place the compensation of the sheriff, clerk of superior court, ordinary and coroner of Greene County on a salary basis in lieu of fee basis; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 1114 by changing the period at the end of the third sentence of Section 2 to a comma and adding thereafter the following:
"but not to exceed five hundred ($500.00) dollars in any one calendar year."
WEDNESDAY, FEBRUARY 17, 1960
679
By striking the words and figures "three thousand ($3,000.00) dollars" from Section 3 and inserting in lieu thereof the words and figures "two thousand five hundred ($2,500.00) dollars."
By striking the words and figures "six thousand ($6,000.00) dollars" from Section 4 and inserting in lieu thereof the words and figures "five thousand five hundred ($5,500.00) dollars."
On the adoption of the amendment, the ayes were 28, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, as agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 1124. By Messrs. Willingham, Reed of Cobb:
A bill to amend an act incorporating the City of Marietta, to change, extend, redefine and describe the city limits; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
By striking the following language appearing at the bottom of page 8 and the top of page 9 of said bill:
"Thence westerly along the right of way line of Roswell Road for a distance of 483.2 feet to the northeast corner of Lot 26 of Hattie D. and 0. L. Dickerson Subdivision; thence Southwesterly along the eastern boundaries of Lots 26 and 7 of the Hattie D. and 0. L. Dickerson Subdivision for a distance of 309.6 feet to a point on the north right of way line of Powers Ferry Road; thence Northwesterly along the north right of way of Powers Ferry Road for a distance of 202.0 feet to the southwest corner of Lot 4"
and by inserting in lieu thereof the following language:
"Thence westerly along the south right of way line of Roswell Road for a distance of 431.7 feet to the northeast corner of Lot No. 25 of the Hattie D. and O. L. Dickerson Subdivision; running thence Southerly along the eastern boundary of Lot No. 25 of the Hattie D. and 0. L. Dickerson Subdivision to the southeast corner of said Lot No. 25; running thence Easterly along the north lot line of Lot No. 9 of the Hattie D. and O. L. Dickerson Subdivision for a distance of 50 feet to the northeast corner of said Lot No. 9; running thence Southerly along the eastern boundary of said Lot No. 9 for a distance of 176 feet to the north right of way line of Powers Ferry Road; running thence Northwesterly along the north right of way line of Powers Ferry Road for a distance of 303 feet to the southwest corner of Lot No. 4"
On the adoption of the amendment, the ayes were 28, nays 0, and the amendment was adopted.
680
JOURNAL OP THE SENATE,
The report of the committee, which was favorable to the passage of the bill as amended, as agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 1089. By Mr. Massee of Pulaski:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of Pulaski County, to change the compensation of clerk of said commissioners; and for other purposes.
Senator Slade of the 14th offered the following amendment:
Amend HB 1089 by inserting following Section 1 of said bill a new section to be known as Section 1A which shall read as follows:
"Section 1A. Said act is further amended by striking from Section 5 thereof the words and figures "forty-eight hundred ($4,800.00) dollars" and inserting in lieu thereof the words and figures "six thousand ($6,000.00) dollars,"
so that said section as amended hereby shall read as follows:
"Section 5. Be it further enacted by the authority aforesaid, that said commissioner shall receive a salary of six thousand ($6,000.00) dollars per annum to be paid out of the county treasury monthly at the end of each month's service. Said commissioner shall be required to give his undivided attention and his time to the duties of said office."
By inserting in the title of said bill immediately preceding the words "to repeal conflicting laws" the words "to change the compensation of the commissioner of roads and revenues."
On the adoption of the amendment, the ayes were 28, 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 796. By Messrs. Matthews and Cox of Clarke:
A bill to create the Athens Public Facilities Authority as a public corporation, to authorize it to acquire, operate and dispose of any revenue producing facilities located in Clarke County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
WEDNESDAY, FEBRUARY 17, 1960
681
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 887. By Messrs. Thornton, McKenna and Phillips of Bibb:
A bill to amend an act to re-enact the Charter of the City of Macon, and for other purposes.
The report 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 965. By Messrs. Bolton and Melton of Spalding:
A bill creating the charter of the City of Griffin, relating to authority for laying sewerage lines; and for other purposes.
The report 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 982. By Messrs. McClelland, Brooks and Smith of Fulton:-
A bill to amend an act relating to the abolition of Justice Courts and establishing the Civil Court 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 987. By Messrs. Killian and Gowen of Glynn:
A bill to amend the charter of the City of Brunswick, relating to certain streets, and to pension system 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.
682
JOURNAL OF THE SENATE,
HB 991. By Mr. Rodgers of Charlton:
A bill to change the compensation of the Sheriff and the Ordinary of Charlton County from fee to 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 992. By Messrs. McClelland, Smith and Brooks of Fulton:
A bill to amend an act to create and establish in certain counties, a County Planning Commission and Board of Zoning Appeals; and for other purposes.
The report 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 993. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to fix the compensation of the president and members of Boards of Education 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 30, nays 0.
The bill, having received the requisite constitutional majo> rity, was passed.
HB 994. By Messrs. McClelland, Smith and Brooks of Fulton:
A bill to amend an act establishing a new charter for the City of College Park; and for other purposes.
The report 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 995. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to amend an act to repeal an act which prohibits the county and county Commissioners of Roads and Revenues from using convict labor in certain counties; and for other purposes.
WEDNESDAY, FEBRUARY 17, 1960
683
The report 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 996. By Messrs. Brooks, Smith and McClelland of Fulton:
A bill to amend an act abolishing the fee system existing in the Superior Court of the Atlanta 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 998. By Messrs. Killian and Gowen of Glynn:
A bill to place the compensation of the Sheriff of Glynn County on salary basis in lieu of 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1006. By Messrs. Smith, McClelland and Brooks of Fulton:
A bill to amend an act to create a system of Traffic Courts in certain counties, to fix compensation of Assistant Solicitors, clerks and other administrative officers; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1007. By Messrs. Smith, McClelland of Fulton, Mackay and Rutland of DeKalb:
A bill to amend an act providing 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.
684
JOURNAL OF THE SENATE,
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1008. By Messrs. McClelland, Smith and Brooks of Fulton, Mackay and Rutland of DeKalb:
A bill to amend an act to provide the procedure for zoning and planning to provide issuance of special use permits 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1009. By Messrs. McClelland, Smith and Brooks of Fulton:
A bill to amend an act establishing a new charter for the city of College Park; and for other purposes.
The report 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 1010. By Messrs. McClelland, Smith and Brooks of Fulton:
A bill to amend an act establishing a new charter for the City of College Park; and for other purposes.
The report 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 1011. By Messrs. McClelland, Smith and Brooks of Fulton:
A bill to amend an act creating a joint-city county Board of Tax Assessors 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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685
HB 1029. By Mr. White of Mclntosh:
A bill to place the compensation of the Clerk of Superior Court of Mclntosh County on a salary basis in lieu of 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1030. By Mr. White of Mclntosh:
A bill to place the compensation of Sheriff of Mclntosh county on a salary basis; provide for deputy; provide for jailer; and expense allowance for sheriff; disposition of fees; cost; and for other purposes.
The report 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 1031. By Mr. White of Mclntosh:
A bill to amend an act consolidating the offices of Receiver of Tax Returns and Tax Collector of Mclntosh 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 1032. By Mr. White of Mclntosh:
A bill to place the compensation of the Ordinary of Mclntosh County on a salary basis in lieu of 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1040. By Messrs. Bostick and Branch of Tift: A bill to amend an act providing a new charter for the City of Tifton, relating to public library; and for other purposes.
686
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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1071. By Messrs. Killian and Gowen of Glynn:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Glynn County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1073. By Messrs. Hall, Scoggin and Lowrey of Ployd:
A bill creating a new Charter for the City of Rome, relating to City Manager'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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1081. By Mr. Massee of Pulaski:
A bill to change the compensation of the Clerk of Superior Court of Pulaski County from fee to 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1083. By Mr. Massee of Pulaski: A bill to change compensation of Ordinary of Pulaski County from fee to 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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687
HB 1084. By Mr. Masses of Pulaski:
A bill to change compensation of Sheriff of Pulaski County from fee to 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1086. By Messrs. Payton and Blalock of Coweta: A bill to amend an act to create a new charter for the City of Newnan, to close 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1087. By Messrs. Payton and Blalock of Coweta: A bill creating a Board of Commissioners of Roads and Revenues of Coweta County, to direct said Board to use convict labor; and for other purposes.
The report 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 1088. By Mr. Massee of Pulaski: A bill to change the compensation of Tax Receiver of Pulaski County from a fee to 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1090. By Messrs. Pickard, Dicus and Hollis of Muscogee:
A bill to amend the charter of the City of Columbus, to abolish certain offices; and for other purposes.
688
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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1091. By Messrs. Payton and Blalock of Coweta:
A bill relating to a new charter for the City of Newnan, to provide Council-Manager form of 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1092. By Messrs. Payton and Blalock of Coweta:
A bill to change the compensation of the Sheriff, Ordinary and Clerk of the Superior Court of Coweta 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 1093. By Messrs. Payton and Blalock of Coweta:
A bill establishing a City Court of Newnan, to change compensation of the Judge; and for other purposes.
The report 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 1099. By Messrs. Smith, Brooks and McClelland of Fulton: A bill establishing a new charter for the City of East Point, relating to personnel; and for other purposes.
The report 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.
WEDNESDAY, FEBRUARY 17, 1960
689
HE 1100. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of East Point relating to closing 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1101. By Messrs. Smith, Brooks and McClelland of Fulton: A bill to amend an act establishing a new charter for the City of East Point, relating to attorneys and authority projects; and for other purposes.
The report 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 1102. By Messrs. Smith, Brooks and McClelland of Fulton: A bill establishing a new charter for the City of East Point to raise revenues; and for other purposes.
The report 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 1103. By Messrs. Smith, Brooks and McClelland of Fulton: A bill to amend an act establishing a new charter for the City of East Point relating to Mayor and City 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1104. By Mr. Wilkes of Cook:
A bill to consolidate all of the laws chartering the City of Adel; and for other purposes.
690
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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1105. By Mr. Baughman of Early:
A bill to provide that the Ordinary of Early County shall receive a supplemental 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1106. By Mr. Rowland of Johnson:
A bill to amend an act relating to the City of Wrightsville, to 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1113. By Mr. Walker of Telfair:
A bill to provide for a closed deer season in 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 1115. By Mr. McGibony of Greene:
A bill to amend an act consolidating the offices of Tax Receiver and Tax Collector of Greene County into one office of 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 30, nays 0.
WEDNESDAY, FEBRUARY 17, 1960
691
The bill, having received the requisite constitutional majority, was passed.
HB 1116. By Mr. Underwood of Montgomery:
A bill creating a new charter for the Town of Uvalda, to change name to City of Uvalda; and for other purposes.
The report 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 1117. By Mr. Underwood of Montgomery:
A bill to amend an act creating a new charter for the Town of Mt. Vernon, to change name to City of Mt. Vernon; and for other purposes.
The report 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 1118. By Mr. Underwood of Montgomery:
A bill to amend an act relating to the Town of Ailey; and for other purposes.
The report 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.
The following general bills and resolutions, favorably reported by the committees, were read the third time and put upon their passage:
SR 115. By Senator Mercer of the 49th:
A resolution to amend the charter of the City of Metter, Georgia, so as to change the salary of the city clerk; 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.
692
JOURNAL OF THE SENATE,
HR 358. By Messrs. Newton of Colquitt, Fowler of Douglas, Ray of Warren, and many, many others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the Commissioner of Agriculture shall be ex officio a member of the Board of Regents; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VIII, Section IV, Paragraph I of the Constitution relating to the Board of Regents of the University System is hereby amended by striking therefrom the words "Said Board of Regents of the University System of Georgia shall consist of one member from each Congressional District in the State, and five additional members from the State-atlarge, appointed by the Governor and confirmed by the Senate.", and inserting in lieu thereof the words "The Board of Regents of the University System of Georgia shall consist of the Commissioner of Agriculture, ex officio, one member from each Congressional District in the State, and additional members from the State-at-large, for a total of sixteen members. All members, except the ex officio member, shall be appointed by the Governor and confirmed by the Senate.", and by adding at the end thereof the words "The provisions of this amendment shall be self-executing and shall become effective, and the ex officio member shall assume his duties, upon ratification.", so that Article VIII, Section IV, Paragraph I of the Constitution as so amended shall read:
"Paragraph I. There shall be a Board of Regents of the University System of Georgia, and the government, control, and management of the University System of Georgia and all of its institutions in said system shall be vested in said Board of Regents of the University System of Georgia. The Board of Regents of the University System of Georgia shall consist of the Commissioner of Agriculture, ex officio, one member from each Congressional District in the State, and additional members from the State-at-large, for a total of sixteen members. All members, except the ex officio member, shall be appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of the said Board. The first Board of Regents under this Constitution shall consist of those in office at the time this Constitution is adopted, with the terms provided by law. Thereafter all succeeding appointments shall be for seven year terms from the expiration of the previous term. Vacancies upon said Board caused by expiration of term of office shall be similarly filled by appointment and confirmation. In case of a vacancy on said Board by death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if the General Assembly be then in session to the end of that session. During such session of the General Assembly the Governor shall appoint the successor member of the Board for the unexpired term and shall submit his name to the Senate for confirmation. All members of the Board of Regents shall hold office until their successors are appointed. The said
WEDNESDAY, FEBRUARY 17, 1960
693
Board of Regents of the University System of Georgia shall have the powers and duties as provided by law existing at the time of the adoption of this Constitution, together with such further powers and duties as may be hereafter provided by law. The provisions of this amendment shall be self-executing and shall become effective, and the ex officio member shall assume his duties, upon ratification."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide that the Commissioner of Agriculture shall be ex officio a member of the Board of Regents of the University System of Georgia.
"Against ratification of amendment to the Constitution so as to provide that the Commissioner of Agriculture shall be ex offieio a member of the Board of Regents of the University System of Georgia."
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 election 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 Barrett of 45th Breedlove Brooks Brown Buff Cannon
Clary Crowe Culpepper Darby Doster Dykes Edenfield Gearreld
Greer Hays Holt Holton Home Jernigan Kirker Land
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JOURNAL OF THE SENATE,
Lanier Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn Mobley
McGill Nixon Perry Purcell Roach Roper Sanders
Screws Shaw Skelton Slade Smith Vaughn Watson
Those voting in the negative were Senators:
Carlisle
Drew Mercer
Pannell
Ramsey Redwine
Woodall Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 45, nays 8.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
The following resolutions were read and adopted:
SR 130. By Senators Perry of the 24th; Clary of the 29th; and Lindsey of the llth:
A resolution expressing appreciation to Honorable Glenn Phillips; and for other purposes.
SR 132. By Senator Culpepper of the 7th:
A resolution commending the four ladies in attendance at the telephone center during this session, Mrs. Dorothy Sexton, Miss Barbara Brittion, Mrs. Mildred Arnold and Mrs. Valerie Henry, for their valuable service to the Senators during this session.
SR 133. By Senators Doster of the 48th and Greer of the 6th:
A resolution relative to fund raising activities by school students; and for other purposes.
SR 134. By Senators Perry of the 24th, Sanders of the 18th and Culpepper of the 7th:
A resolution creating a committee to study legislation relative to Traffic Safety, to compare laws of other states with those of Georgia; to provide for continuing study of the ever increasing causes of deaths on the highways of this State; and for other purposes.
The president appointed as a Committee, the following: Senators Perry of 24th, Sanders of 18th and Slade of 14th.
SR 135. By Senator Nixon of the 35th: A resolution authorizing the Penal and Corrective Affairs Committee
WEDNESDAY, FEBRUARY 17, 1960
695
of the Senate to visit certain penal institutions of the State during the interim between sessions; and for other purposes.
SR 136. By Senator Slade of the 14th:
A resolution extending congratulations to Mrs. Charles Benjamin McGarity; and for other purposes.
SR 137. By Senator Brooks of the 23rd:
A resolution honoring Mr. Eugene Harris Joiner; and for other purposes.
SR 138. By Senator Brown of the 52nd:
A resolution commending the Honorable G. M. Kirk for his efforts to establish agreeable labor and management relationship.
SR 139. By Senators Holt of the 54th; Cannon of the 40th; Kiker of the 41st; Buff of the 44th; Mercer of the 49th; and Livingston of the 38th:
A resolution authorizing the Health and Welfare Committee of the Senate to visit certain State institutions during the interim between sessions; and for other purposes.
HR 272. By Messrs. Kidd and Chandler of Baldwin and others:
A resolution creating the Mental Health Study Committee; and for other purposes.
The president appointed as a Committee, the following: Senators Holt of 54th, Brown of 52nd and Lanier of 20th.
HR 403. By Mr. McCown of Polk:
A resolution commending Waymond "Hank" O'Neal; and for other purposes.
HR 432. By Mr. Baughman of Early:
A resolution creating a committee to study the possibility of constructing an inland port in Hilton, Early County, Georgia; and for other purposes.
The president appointed as a Committee, the following: Senators Lindsey of llth and Drew of 12th.
HR 472. By Mr. Bostick of Tift: A resolution creating a committee to investigate the various warehouses and maintenance shops belonging to the State of Georgia.
HR 488. By Mr. Alien of Bulloch: A resolution relating to the memorializing the Intrastate System of Defense Highways in Georgia; and for other purposes.
696
JOURNAL OP THE SENATE,
HR 504. By Messrs. Branch and Bostick of Tift:
A resolution to acknowledge the contributions of the Georgia Association of Broadcasters to the present welfare and future development of the State of Georgia and its services to the General Assembly of Georgia.
HR 513. By Messrs. Twitty of Mitchell and Smith of Emanuel: A resolution to perpetuate the memory of Mr. Paul A. Stevenson.
HR 514. By Messrs. Smith of Emanuel, Twitty of Mitchell; and many others:
A resolution expressing appreciation to the Office of Legislative Counsel; and for other purposes.
HR 516. By Messrs. Smith of Emanuel, Twitty of Mitchell and many others:
A resolution expressing appreciation to Honorable George B. Hamilton and Honorable Horace Hixon; and for other purposes.
HR 518. By Mr. Ellis of Henry:
A resolution congratulating Miss Annie Laura Lewis; and for other purposes.
HR 519. By Messrs. Smith of Emanuel, Twitty of Mitchell and others:
A resolution expressing appreciation to Honorable Ben W. Fortson, Jr. and Honorable Joe Burton; and for other purposes.
HB 792. By Messrs. Budd and Walker of Lowndes:
A bill to amend an act known as the Used Car Dealers Registration Act, to provide that applicants shall give bond, or prescribed insurance, prior to issuance or renewal of 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 798. By Messrs. Budd and Walker of Lowndes:
A bill to amend an act known as the "Used Car Dealers' Registration Act", to provide for expiration of 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, FEBRUARY 17, 1960
697
HB 868. By Messrs. Braswell of Wheeler, Bagby of Paulding and others:
A bill to amend an act known as the "Georgia Post Mortem Examination Act", and to provide for the filing of death certificates by medical examiners investigating deaths; and for other purposes.
Senator Cannon of the 40th offered the following amendment:
Amend HB 868 by striking the word $15.00 on page Five of the bill as it now appears in the last paragraph on said page numbered (4) and inserting in lieu thereof the word $25.00.
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, 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 as amended.
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.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 21, nays 9.
The bill, having failed to receive the requisite constitutional majority, was lost.
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.
Senator Greer of the 6th moved that SB 100 be indefinitely postponed.
On the motion to postpone, the ayes were 30, nays 0, and the motion prevailed.
HB 496. By Mr. McWhorter of DeKalb:
A bill to amend an act relating to marriage licenses, how granted and recorded; and for other purposes.
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JOURNAL OF THE SENATE,
The Committee on Judiciary offered the following amendment:
By adding to Section 1 the following:
"Provided, however, that no marriage license shall be issued earlier than three days following the application therefor, and any person who issues such license in violation of this proviso shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor.
Section 2. All laws and parts of laws in conflict with this act are hereby repealed.
On the adoption of the amendment, the ayes were 31, nays 1.
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 33, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Smith of the 4th asked unanimous consent that HB 496 be immediately transmitted to the House.
The consent was granted.
HB 944. By Mr. Musgrove of Clinch:
A bill to repeal an act creating the Georgia Industrial Development Administration; create in lieu thereof a Georgia Real Estate Investment Board; to provide for its members, appointment, compensation, powers, duties and authority of said Board; and for other purposes.
Senator Sanders of the 18th offered the following amendment to HB 944:
Amend HB 944 by adding in the title after the words "and authority of said Board" the words "to provide for an Advisory Board; to provide for the powers, duties and authority of said Advisory Board; to provide for expenses of said Advisory Board".
By adding a new section, to be known as Section 1A, to read as follows:
"Section 1A. There is hereby created an Advisory Board to the Georgia Real Estate Investment Board which shall be composed of one (1) member from each of the boards which administer each of the systems or funds affected by the provisions of this Act, who shall not be an elected State official. Each such member of the Advisory Board shall be elected by the Board of the respective system or fund which he represents. Said board shall act only in an advisory capacity to the Georgia Real Estate Investment Board and shall have no vote in any matters decided by said Investment Board. The members of the Advisory Board shall have the right to express their views on any matter pending before the said Investment Board, and such views shall be given such considera-
WEDNESDAY, FEBRUARY 17, 1960
699
tion as the said Investment Board shall deem advisable. Each member of the Advisory Board shall receive the notice of all meetings of the said Investment Board and shall have the right to attend all meetings of said Investment Board. Each member of the Advisory Board shall also be notified of all actions taken by the said Investment Board. Any expenses incurred by any member of the Advisory Board in connection with services on said Advisory Board shall be paid from the funds of each system or funds which such member represents."
By striking Section 8 in its entirety and inserting in lieu thereof a new Section 8, to read as follows:
"Section 8. That the State Budget Bureau shall make available to the Georgia Real Estate Investment Board the sum of ten thousand ($10,000.00) dollars as an initiatory revolving fund, but shall make no further State funds available. Each and every applicant making application to the Georgia Real Estate Investment Board for approval of a loan shall accompany said application with a certified check in the amount of one-half (%) of one per cent (1%) of the total amount of the loan requested."
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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 227. By Senator Sanders of the 18th: A bill to define the method of service of notices, orders, subpoenas, and other papers relating to discovery, dispositions and interrogatories; and for other purposes.
Senator Sanders of the 18th moved that SB 227 be indefinitely postponed.
On the motion to postpone, the ayes were 30, nays 0, and the motion prevailed.
HB 742. By Messrs. Steis of Harris and McKenna of Bibb:
A bill to amend an Act known as the Georgia Securities Act, so as to re-define the term "Salesman"; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend HB 742 by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. An Act known as the "Georgia Securities Act", approved February 26, 1957 (Ga. Laws 1957, p. 134), as amended by an
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Act approved March 2, 1959 (Ga. Laws 1959, p. 89), is hereby amended by striking subsection (g) of Section 1 in its entirety and substituting in lieu thereof a new subsection (g) to read as follows:
" (g) 'Salesman' shall mean an individual other than a dealer or a limited dealer, employed or appointed or authorized by a dealer or a limited dealer, or by an issuer to sell securities in this State. The partners or executive officers of a dealer and a limited dealer residing in this State or engaged in the sale of securities in this State, and the partners or other executive officers of an issuer offering securities for sale solely within this State shall not be deemed to be salesmen within the meaning of this definition unless they are paid a commission for the sale of securities. Provided that no executive officer or director of an issuing corporation shall be required to stand the examination as a prerequisite for being a salesman."
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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 840. By Mr. Ellis of Henry:
A bill to amend an act creating a Department of Public Safety, to provide the director may give written authority for other law agencies to use same wave length radio 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.
HB 773. By Mr. Musgrove of Clinch:
A bill to amend an act relating to Game and Fish Commission, to define terms, change fees, to provide for big game and small game hunting licenses and 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.
The bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, FEBRUARY 17, 1960
701
HB 764. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to provide for safe watercraft operation, administration of act by Game and Fish Commission, for minimum standards of safety equipment; and for other purposes.
Senator Brown of the 52nd offered the following amendment:
Amend HB 764 by adding a new section to be numbered 10-A to read:
"Section 10-A. The Commission, to promote safety in boating, is hereby authorized to adopt, promulgate and enforce safety rules and regulations relative to boat equipment, operation, lights and navigation rules as the Commission shall deem necessary; provided, however, that such rules and regulations promulgated and adopted by the Commission each year shall remain in force and effect until the next regular session of the General Assembly, at which time the General Assembly shall confirm or reject said rules and regulations."
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, was agreed to, as amended.
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 984. By Mr. Steis of Harris:
A bill to amend the act creating the Franklin D. Roosevelt Warm Springs Memorial 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 886. By Messrs. Payton of Coweta, McKenna of Bibb and Orr of Wilkes:
A bill to amend code section 30-122, pertaining to rights and disabilities of parties to a divorce; and for other purposes.
The report 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,
Senator Crowe of the 10th asked unanimous consent that all House bills passed the Senate amended or substituted be immediately transmitted to the House.
The consent was granted.
HB 970. By Mr. Gowen of Glynn: A bill to amend an act carrying into effect the provision of the Constitution with reference to creating bonded indebtedness; and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 971. By Mr. Gowen of Glynn: A bill to amend code section 87-302 pertaining to filing of petition to validate 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 1019. By Messrs. Busbee and Odom of Dougherty: A bill to prohibit the imposition of any export tax upon any item manufactured or produced in the State of Georgia and shipped by the manufacturer or producer for sale outside the State of Georgia.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 3.
The bill, having received the requisite constitutional majority, was passed.
HR 210. By Messrs. Bolton and Melton of Spalding: A resolution to relieve E. T. Hatchett as security; 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.
WEDNESDAY, FEBRUARY 17, 1960
703
The resolution, having received the requisite constitutional majority, was adopted.
The following bill of the House was taken up for the purpose of considering the report of a Committee of Conference thereon:
HB 718. By Mr. Gowen of Glynn:
A bill to provide for year's support allowance out of the proceeds of property under option; and for other purposes.
The report of the Committee of Conference was as follows:
Conference Committee Report
Mr. President, Mr. Speaker:
Your Committee of Conference on HB 718 begs to make the following report:
That the House and Senate, each recede from their positions and adopt the attached substitute.
Respectfully submitted,
Wright of 42nd Vaughn of 34th Culpepper of 7th
Conferees on the Part of the Senate
Gowen of Glynn Bagby of Paulding Killian of Glynn
Conferees on the Part of the House
AN ACT
To provide that if a year's support is set apart for the benefit of any person or persons in or with respect to land on which there is a recorded option to purchase or contract to sell outstanding at the time the same is so set apart, such person or persons, and any purchasers or lessees of said land after the same has been so set apart, shall take said land, or any interest therein, subject to all of the rights and privileges of the grantee of said option or contract to sell, and if any assignees of said option or contract to sell if such assignment or assignments are also recorded; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. If a year's support is set apart for the benefit of any person or persons in or with respect to land on which there is a recorded option to purchase or contract to sell outstanding at the time the same is so set apart, such person or persons, and any purchasers or lessees of said land after the same has been so set apart, shall take said land, or any interest therein, subject to all of the rights and privileges of the grantee of said option or contract to sell, and of any assignees of said option or contract to sell, if such assignment or assignments are also recorded.
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JOURNAL OF THE SENATE,
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Crowe of the 10th moved that the Senate adopt the report of the Committee of Conference on HB 718.
On the motion, the ayes were 30, nays 0, and the report of the Committee of Conference was adopted.
HB 1005. By Messrs. Blalock of Clayton and Ray of Warren:
A bill to amend an act relating to the inspection, sale, etc., of gasoline, kerosene and other petroleum products; and for other purposes.
Senator Culpepper of the 7th offered the following amendment:
Amend HB 1005 by adding a paragraph as follows:
"The term Petroleum Products as used in this Act shall in no way be construed to include liquified Petroleum Gas as defined in Ch. 73-302 Code of Georgia (Acts of 1949 page 1128)."
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, was agreed to as amended.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HR 411. By Mr. Hill of Tattnall: A resolution authorizing the sale of telephone lines connected with the state prison in Tattnall 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 33, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 983. By Mr. Gowen of Glynn: A bill to amend an act authorizing the governing authorities of municipalities and counties to establish Planning Commission, to change the membership thereof; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
WEDNESDAY, FEBRUARY 17, 1960
705
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 954. By Messrs. Irvin of Habersham, Taylor of Dawson, Williams of Hall and others:
A bill to amend an act prohibiting the manufacture of license tags, to authorize the Department of Commerce to make and sell sample license tags; and for other purposes.
The report 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.
Senator Ramsey of the 1st, 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 resolution 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 of Representatives:
SB 235.
SB 236.
SR 115. 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 bill 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 99.
Respectfully submitted,
Ramsey of the 1st District,
Chairman.
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JOURNAL OF THE SENATE,
HB 907. By Messrs. Lanier of Candler, Alien of Bulloch and Strickland of Evans:
A bill to amend an act known as "The Entomology Act of 1937"; and for other purposes.
The report 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 974. By Mr. Smith of Emanuel:
A bill to provide that in the trial of any civil suit, counsel shall be permitted to use a blackboard in trial and arguments of such suit; and for other purposes.
The report 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 1018. By Mr. McCracken of Jefferson:
A bill to provide for granting of a commission as Notary Public, to provide for qualification, manner of obtaining 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Clary of the 29th moved that the Senate do now adjourn, and the motion prevailed.
The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.
THURSDAY, FEBRUARY 18, 1960
707
Senate Chamber, Atlanta, Georgia, Thursday, February 18, 1960.
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. Seaborn Winn, retired Baptist minister, Alamo, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Cannon of the 40th 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 Culpepper of the 7th 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 Senate to wit:
SB 139. By Senator Sanders of the 18th and Senator Vaughn of the 34th:
A bill to amend an act which provided for the coverage of certain officers and employees of the State and political subdivisions under the Old Age and Survivors Insurance provisions so as to make provisions relative to the coverage of Justices of the Supreme Court under the aforesaid act; and for other purposes.
SB 145. By Senator Greer of the 6th:
A bill to amend act No. 318 approved and entitled an act to simplify the operations of the Executive Branch of the State Government, to create a State Board of Health; and for other purposes.
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JOURNAL OF THE SENATE,
SB 166. By Senators Culpepper of the 7th and Sanders of the 18th:
A bill to amend an act approved March 27, 1941 governing and regulating the dimensions, length and weight of vehicles using public roads and highways; and for other purposes.
SB 175. By Senators Greer of the 6th, Vaughn of the 34th, and others:
A bill to amend an act creating the State Board of Workmen's Compensation, as amended, so as to change the compensation of the chairman of the board; and for other purposes.
SB 208. By Senator Brown of the 52nd: A bill to amend an act pertaining to Inventory and Public Sale of Property; and for other purposes.
SR 77. By Senator Sanders of the 18th: A resolution authorizing the conveyance of certain property in Richmond County; and for other purposes.
SR 91. By Senator Sanders of the 18th, Senator Culpepper of the 7th, and others: A resolution proposing an amendment to the Constitution so as to provide for additional members from the State-at-large to the State Board of Education and a new method of filling vacancies; and for other purposes.
The House has adopted the following resolutions of the House, to-wit:
HR 491. By Mr. Fowler of Douglas: A resolution urging the Board of Regents to add to its staff a Director of Agricultural Matters; and for other purposes.
HR 524. By Mr. Smith of Emanuel: A resolution relative to projects of the Sons of Confederate Veterans; and for other purposes.
HR 525. By Messrs. Massee of Pulaski, Carr of Dooly, and others: A resolution expressing sympathy to the family and friends of H. B. Snower; and for other purposes.
HR 528. By Mr. Smith of Emanuel: A resolution relative to the admission of Jefferson Davis to the Hall of Fame; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House to wit:
HB 275. By Mr. Love of Catoosa: A bill to amend an act creating and establishing a factory for the blind; and for other purposes.
THURSDAY, FEBRUARY 18, 1960
709
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.
l IB 708. By Messrs. Fuqua of Richmond and Walker of Lowndes:
A bill to amend Section 4 of Article I of the Banking Law of Georgia relating to regulation of private banks; and for other purposes.
HB 854. By Messrs. Tamplin of Morgan, Parker of Screven and others:
A bill to amend the act creating the Georgia Milk Commission, to authorize the Commission to assess and collect costs and penalties for revocation of licenses; and for other purposes.
HB 931. By Messrs. Cheatham, Brennan and McGee of Chatham:
A bill to authorize cities of a certain population to become self insurer; and for other purposes.
HB 1124. By Messrs. Willingham, Reed of Cobb:
A bill to amend an act incorporating the City of Marietta, to change, extend, redefine and describe the city limits; and for other purposes.
The House insists on its position to the following bill of the House and appoints a Committee of Conference.
HB 718. By Mr. Gowen of Glynn:
A bill to provide a year's support allowance out of the proceeds of property under option; and for other purposes.
The Speaker has appointed as a Committee of Conference on the part of the House the following members:
Messrs. Gowen of Glynn, Bagby of Paulding, Killian of Glynn.
The House has adopted the Conference Committee report to the following bill of the House:
HB 718. By Mr. Gowen of Glynn:
A bill to provide a year's support allowance out of the proceeds of property under option; and for other purposes.
The following bills and resolutions were read the second time:
HB 378. By Mr. Blalock of Coweta:
A bill to provide that all human blood used or proposed to be used for blood transfusions shall be labeled according to race of the donor; and for other purposes.
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JOURNAL OP THE SENATE,
HB 490. By Mr. Hill of Meriwether:
A bill to amend an act known as the "Georgia Economic Poisons Act", to redefine terms to extend the provisions to Pesticides; and "Active Ingredient"; and for other purposes.
HB 590. By Mr. Magoon of Hart:
A bill to provide that in the event the driver's license of any person is revoked or suspended by court, plea of guilty, nolo contendere or a forfeiture of bond, etc.; and for other purposes.
HB 664. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act to extend exemptions and immunities accorded to amounts paid by the Teachers' Retirement System to amounts paid by such system to local school retirement systems; and for other purposes.
HB 692. By Mr. Shuman of Bryan:
A bill to amend code section 34-1905, relating to voting, procuring of ballot, duties of managers, to eliminate persons unable to read English; and for other purposes.
HB 695. By Messrs. Matthews and Cox of Clarke:
A bill to amend code section 26-5104, relative to obtaining license to carry a pistol, applicant for license must present certificate from clerk showing criminal record, if any; and for other purposes.
HB 702. By Messrs. Ray of Warren and Blalock of Clayton:
A bill to provide a civil penalty for any person having control of collecting from purchasers amounts required under Georgia Retailers' and Consumers' Sales and Use Tax Act, to provide for penalty; and for other purposes.
HB 732. By Messrs. Fleming, Edwards and Fuqua of Richmond:
A bill to amend an act known as the Georgia Ports Authority Act; and for other purposes.
HB 756. By Messrs. Carswell and Tucker of Burke and others:
A bill to amend code section 105-1305, relating to actions for the homicide of a wife or mother, to provide that illegitimate child shall have right to sue in such action; and for other purposes.
HB 905. By Mr. Brennan of Chatham:
A bill to amend section 92-3105 specifying corporations and organizations exempt from State Income Tax, etc.; and for other purposes.
HB 999. By Messrs. Brooks and McClelland of Fulton:
A bill to create an authority having corporate powers for establishing parks, public parking areas, buildings and facilities in Atlanta; and for other purposes.
THURSDAY, FEBRUARY 18, 1960
711
HB 1053. By Mr. Love of Catoosa:
A bill to amend an act creating the office of Commissioner of Roads and Revenues for Catoosa County; and for other purposes.
HB 1064. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to amend an act to provide for the rehabilitation, clearance and redevelopment of slums in cities and towns in this State; and for other purposes.
HB 1070. By Messrs. Matthews of Clarke and Bagby of Paulding:
A bill to amend an act providing for the regulation of signs advertising the price of motor fuel displayed by retailers, to change restrictions; and for other purposes.
HB 1076. By Messrs. Horton of Putnam and Barrett of Cherokee:
A bill to amend code section 92-3109, relating to deductions in computing net income for income tax purposes, to permit use of methods of depreciation; and for other purposes.
HB 1097. By Mr. McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta relating to annexation of territory to the city limits; and for other purposes.
HB 1121. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A bill to amend the charter of the City of Lithonia, relating to streets, alleys, etc.; and for other purposes.
HB 1122. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act providing for salary of the judges of the Superior Court of the Stone Mountain Circuit; and for other purposes.
HB 1136. By Mr. Bagby of Paulding: A bill to amend an act known as the "Statewide Probation Act" to provide for group blanket coverage bond for circuit probation officers; and for other purposes.
HB 1141. By Mr. Jessup of Bleckley:
A bill to amend an act creating the City of Cochran as a municipal corporation; and for other purposes.
HB 1143. 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 1144. By Mr. Smith of Emanuel:
A bill to amend an act creating the office of tax commissioner of Emanuel County; and for other purposes.
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JOURNAL OF THE SENATE,
HB 1145. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to provide for the retirement of judges and solicitors-general of Fulton County, to fix time within which such judges and officers may qualify for participation in said fund; and for other purposes.
HB 1146. By Mr. Lott of Berrien:
A bill to amend an act establishing a new charter for the City of Nashville; and for other purposes.
HB 1147. By Mr. Brooks of Fulton:
A bill to amend an act to create a joint City-County Board of Tax Assessors in Fulton County; and for other purposes.
HB 1148. By Messrs. Story and Morgan of Gwinnett:
A hill to amend an act providing a procedure for the control of the fiscal affairs in certain counties; and for other purposes.
HR 102. By Mr. Murphy of Haralson:
A resolution to compensate Mr. Roland Bowman; and for other purposes.
HR 111. By Mr. Barber of Jackson: A resolution to compensate James Fulton Foster; and for other purposes.
HR 357. By Messrs. Musgrove of Clinch, Caldwell of Upson and Hall of Floyd:
A resolution proposing an amendment to the Constitution to authorize the State Board of Education to expend funds to provide scholarships to teachers; and for other purposes.
HR 380. By Mr. Summers of Crisp: A resolution to compensate Mr. J. R. Meeks; and for other purposes.
HR 392. By Messrs. McCracken of Jefferson, Cheatham, McGee and Brennan of Chatham and others:
A resolution to relieve the operators of urban transit systems from the payment of delinquent taxes for the year 1958; and for other purposes.
HR 419. By Messrs. Fuqua, Fleming and Edwards of Richmond:
A resolution authorizing the conveyance of certain lands located in Richmond County.
HR 430. By Mr. Blalock of Clayton:
A resolution to provide for the per diem compensation and allowances to the members of the joint Income Tax Law Study Committee; who were appointed by the Governor.
THURSDAY, FEBRUARY 18, 1960
713
HR 435. By Messrs. Fuqua, Fleming and Edwards of Richmond:
A resolution proposing an amendment to the Constitution to provide that the General Assembly has power by legislation to create, vest powers and duties, in county agencies in Richmond County; and for other purposes.
HR 460. By Messrs. Bostick of Tift and Branch of Tift:
A resolution proposing an amendment to the Constitution relating to taxation in Tift County for the support and maintenance of education; and for other purposes.
HR 462. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A resolution proposing an amendment to the Constitution to authorize DeKalb County to levy a tax not exceeding one mill to create a fund to be used in promoting industries in DeKalb County; and for other purposes.
HR 463. By Messrs. Hollis, Pickard and Dicus of Musgrove:
A resolution proposing an amendment to the Constitution so as to create the Columbus Parking Authority; and for other purposes.
HR 464. By Mr. King of Chattahoochee:
A resolution proposing an amendment to the Constitution to authorize Chattahoochee County to issue certain revenue anticipation obligations; and for other purposes.
HR 477. By Mr. Killian of Glynn:
A resolution proposing an amendment to the Constitution to authorize Glynn County to levy tax of one mill to create a fund for promoting the location of industries in Glynn County; and for other purposes.
HR 478. By Messrs. Cox and Matthews of Clarke:
A resolution to authorize the creation of the Athens Public Facilities; and for other purposes.
HR 480. By Mr. White of Mclntosh:
A resolution proposing an amendment to the Constitution to provide that Board of Education of Mclntosh County shall be composed of five members elected by the people; and for other purposes.
HR 482. By Messrs. Willingham and Reed of Cobb:
A resolution proposing an amendment to the Constitution to authorize Cobb County to levy ad valorem tax for promoting industries in Cobb County; and for other purposes.
HR 492. By Messrs. Story and Morgan of Gwinnett:
A resolution proposing an amendment to the Constitution to provide staggered terms for members of the Board of Education of Gwinnett County; and for other purposes.
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JOURNAL OF THE SENATE,
HR 493. By Messrs. Hall and Scoggin of Floyd:
A resolution relative to surplus funds held by the Georgia State Agency for Surplus Property; and for other purposes.
HB 502. By Mr. Gowen of Glynn:
A bill to provide for simplification of fiduciary security transfers, to provide dividends, to provide registration; and for other purposes.
HB 776. By Messrs. Bagby of Paulding, Hill of Meriwether and Bozeman of Thomas:
A bill to amend an act creating the Department of Public Safety, to provide a misdemeanor to impersonate an agent of the Department of Public Safety; and for other purposes.
HB 803. By Messrs. Twitty of Mitchell, Ray of Warren and Cox of Clarke:
A bill to amend code section 88-105, relating to the Director of the Department of Public Health; to fix compensation of the director; and for other purposes.
HB 1152. By Mr. Carr of Dooly:
A bill creating a new charter for the City of Vienna; and for other purposes.
HB 1153. By Mr. Carr of Dooly:
A bill creating a new charter for the City of Unadilla; and for other purposes.
HB 1154. By Messrs. Payton and Blalock of Coweta:
A bill to repeal an act creating a new charter for the City of Newnan, authorizing the city to pass zoning and planning laws; and for other purposes.
HB 1155. By Mr. Massee of Pulaski:
A bill to repeal an act abolishing the office of treasurer of Pulaski County to provide the Commissioner of Roads and Revenues shall perform the duties of treasurer of Pulaski County; and for other purposes.
HB 1156. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act establishing a new charter for the City of Decatur, to increase terms of office of commissioners from two to four years; and for other purposes.
HB 1157. By Mr. Massee of Pulaski:
A bill to amend an act creating a new charter for the City of Hawkinsville, to change city limits; and for other purposes.
THURSDAY, FEBRUARY 18, 1960
715
HB 1158. By Messrs. Fleming, Fuqua and Edwards of Richmond:
A bill to amend an act relating to the charter of the City of Augusta; and for other purposes.
HB 1160. By Mr. Smith of Emanuel:
A bill creating a Board of Commissioners of Roads and Revenues for Emanuel County, to provide four year terms; and for other purposes.
HB 1161. By Mr. Walker of Lowndes:
A bill to amend the charter of the City of Valdosta, to alter, relocate and redefine the corporate limits; and for other purposes.
HB 1162. By Mr. Souter of Macon:
A bill to amend an act incorporating the Town of Oglethorpe, in the County of Macon, relating to certain streets; and for other purposes.
HB 1164. By Messrs. Griffin and Taylor of Decatur:
A bill to amend an act incorporating the City of Bainbridge; relating to city employees; and for other purposes.
HR 475. By Messrs. Twitty of Mitchell, McKenna of Bibb and others:
A resolution proposing an amendment to the Constitution to provide for discipline including courts-martial and non-judicial punishment, procedures and rules of evidence thereof; and for other purposes.
HR 479. By Messrs. Bradley and Keever of Bartow:
A resolution declaring certain property of the State surplus and authorizing the conveyance to the City of Kingston; and for other purposes.
HR 501. By Mr. Hollis of Muscogee:
A resolution to authorize funds for administering provisions on HB 115; and for other purposes.
HR 502. By Mr. Jones of Worth:
A resolution proposing an amendment to the Constitution to authorize Worth County to issue certain revenue bonds; and for other purposes.
HB 600. By Messrs. Kidd of Baldwin, Scoggin of Floyd, Caldwell of Upson and others:
A bill to provide for the payment of cost of support, care and treatment rendered to persons admitted or committed to Milledgeville State Hospital, and Georgia Training School at Gracewood; and for other purposes.
HB 761. By Mr. Keever of Bartow:
A bill relating to the State Board of Corrections, and to prisons, public work camps and prisoners, to provide transfer to Milledgeville State Hospital prisoners addicted to dope or alcohol; and for other purposes.
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JOURNAL OF THE SENATE,
HB 709. By Mr. Rogers of Heard:
A bill to amend an act relating to qualification, registration of voters, to fix deadline for the registration, to provide duties of Board of Registrars; and for other purposes.
Mr. 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 has instructed me, as Chairman, to report the same back to the Senate with the following recommendations :
HR 459. Do Pass. HR 462. Do Pass. HR 492. Do Pass. HB 1121. Do Pass, by Substitute. HB 664. Do Pass. HB 988. Do Pass. HB 999. Do Pass. HB 1036. Do Pass. HB 1038. Do Pass. HB 1045. Do Pass. HB 1053. Do Pass. HB 1060. Do Pass. HB 1096. Do Pass. HB 1097. Do Pass. HB 1126. Do Pass. HB 1127. Do Pass. HB 1128. Do Pass. HB 1129. Do Pass. HB 1131. Do Pass.
HB 1133. Do Pass.
HB 1137. Do Pass.
HB 1140. Do Pass.
HB 1145. Do Pass.
HB 1147. Do Pass.
HB 1148. Do Pass.
THURSDAY, FEBRUARY 18, 1960
717
HB 1132. Do Pass, as Amended. HB 533. Do Pass.
Respectfully submitted, Brown of 52nd District, Chairman.
Mr. 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 1144. Do Pass.
HB 1146. Do Pass.
HB 1141. Do Pass. HB 1143. Do Pass.
Respectfully submitted, Brown of 52nd District, Chairman.
Mr. 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 bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1161. Do Pass.
Respectfully submitted,
Brown of 52nd District,
Chairman.
Mr. Vaughn of the 34th 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 resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1138. Do Pass.
HB 1122. Do Pass.
HB G95. Do Pass.
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JOURNAL OF THE SENATE,
HB 825. Do Pass. HB 756. Do Pass. HB 1064. Do Pass. HB 1072. Do Pass. HR 420. Do Pass.
Respectfully submitted, Vaughn of 34th District, Chairman.
Mi. 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 resolution of the House and has instructed me, as Secretary, to report the same back to the Senate with the following recommendations:
HB 856. Do Pass. HB 1076. Do Pass. HR 502. Do Pass. HB 1055. Do Pass. HB 947. Do Pass. HB 905. Do Pass. HB 702. Do Pass. HB 502. Do Pass.
Respectfully submitted, Vaughn of 34th District, Secretary.
Mr. 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 House and has instructed me, as Secretary, to report the same back to the Senate with the following recommendations:
HB 709. Do Pass, as Amended.
HR 464. Do Pass.
HR 463. Do Pass.
HB 1012. Do Pass.
HR 435. Do Pass.
THURSDAY, FEBRUARY 18, 1960
719
HR 480. Do Pass. HR 478. Do Pass. HR 477. Do Pass. HR 460. Do Pass. HR 482. Do Pass. HR 419. Do Pass. HR 457. Do Pass.
Respectfully submitted, Vaughn of 34th District, Secretary.
Mr. 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 1152. Do Pass. HB 1153. Do Pass. HB 1154. Do Pass. HB 1155. Do Pass. HB 1156. Do Pass. HB 1158. Do Pass. HB 1160. Do Pass. HB 1162. Do Pass. HB 1164. Do Pass. HR 479. Do Pass, as Amended. HB 1157. Do Not Pass. HB 530. Do Pass, as Amended.
Respectfully submitted, Brown of 52nd District, Chairman.
Mr. Holton of the 46th District, Chairman of the Committee on Highways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following bills
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JOURNAL OF THE SENATE,
of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 948. Do Pass. HB 949. Do Pass. HB 950. Do Pass.
Respectfully submitted, Holton of 46th District, Chairman.
Mr. Culpepper of the 7th District, Chairman of the Committee on Government Operations, submitted the following report: Mr. President:
Your Committee on Government Operations has had under consideration the following bills and resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HR 374. Do Pass. HR 394. Do Pass. HR 493. Do Pass. HB 935. Do Pass. HB 1075. Do Pass. HB 1120. Do Pass.
Respectfully submitted, Culpepper of 52nd District, Chairman.
Mr. Barrett of the 45th District, Secretary of the Committee on Appropriations, submitted the following report: Mr. President:
Your Committee on Appropriations has had under consideration the following resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HR 45. Do Pass. HR 277. Do Pass. HR 315. Do Pass. HR 319. Do Pass. HR 386. Do Pass. HR 387. Do Pass. HR 388. Do Pass. HR 390. Do Pass.
THURSDAY, FEBRUARY 18, 1960
721
HR 415. Do Pass. HR 427. Do Pass. HR 450. Do Pass.
Respectfully submitted, Barrett of 45th District, Secretary.
Mr. Marshall of the 28th District, Secretary of the Committee on Penal and Correctional Affairs, submitted the following report:
Mr. President:
Your Committee on Penal and Correctional Affairs 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 1130. Do Pass.
HB 1136. Do Pass.
HB 761. Do Pass.
Respectfully submitted,
Marshall of 28th District,
Chairman.
Mr. 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 and resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations :
HB 501. Do Pass.
HB 855. Do Pass.
HB 1065. Do Pass.
HB 590. Do Pass.
HB 732. Do Pass.
HB 1070. Do Pass. HR 392. Do Pass.
HB 758. Do Pass.
Respectfully submitted,
Greer of 6th District,
Chairman.
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JOURNAL OF THE SENATE,
Mr. 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 recommendations:
HB 598. Do Pass, as Amended.
Respectfully submitted,
Holt of 54th District,
Chairman.
The following local uncontested bills were read the third time and put upon their passage:
HB 988. By Mr. Odom of Camden:
A bill to establish a minimum annual salary for judges of County Juvenile Courts in Georgia, in counties of 7,319, to 7,360, to provide for monthly payments 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1036. By Mr. Steis of Harris:
A bill to abolish the offices of Tax Receiver and Tax Collector of Harris County and consolidate the said offices into the office of tax commissioner 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1038. By Mr. Steis of Harris: A bill to provide that the Clerk of the Superior Court of Harris County be placed 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 18, 1960
723
HB 1045. By Mr. Lovett of Laurens:
A bill to amend an act to create a new charter for the City of Dublin; to define its territorial limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1060. By Messrs. Lovett and Green of Laurens:
A bill to amend an act relating to the placing of the clerk of the Superior Court of Laurens County and his deputies on a salary basis, so as to increase the salary of the clerk of the Superior Court of Laurens 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 1096. By Mr. Jordan of Banks:
A bill to amend an act relating to the creation of Board of Commissioners of Roads and Revenues for Banks 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 1128. By Mr. Gross of Stephens:
A bill to fix the compensation of the clerk of the Superior Court of Stephens 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 1129. By Mr. Busbee of Dougherty: A bill to amend an act placing the sheriff, clerk of superior court and the ordinary of Dougherty County on a salary basis, so as to fix the sum
724
JOURNAL OP THE, SENATE,
in lieu of the cost of maintaining and operating automobiles; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1130. By Mr. Hill of Meriwether: A bill authorizing and directing the governing authorities in certain counties to use convict labor to work and maintain cemeteries located in the rural areas in said counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1126. By Mr. Ellis of Henry: A bill to amend an act to incorporate the Town of McDonough, 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1127. By Mr. Gross of Stephens: A bill to change the compensation of the sheriff of Stephens County from a fee system to a 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1131. By Mr. Lovett of Laurens:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of the County of Laurens; to provide that certain offices and departments of the county shall submit proposed budgets to the Board of Commissioners; and for other purposes.
THURSDAY, FEBRUARY 18, 1960
725
The report 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 1133. By Mr. Gross of Stephens:
A bill to fix the compensation of the ordinary of Stephens 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 1137. By Messrs. Fuqua, Edwards and Fleming of Richmond:
A bill to amend an act regulating public instruction in the County of Richmond, to change the compensation of the members, president and vice-president of the Board of Education; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1138. By Mr. Holcombe of Cobb:
A bill to amend an act creating the Cobb 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1140. By Messrs. Morgan and Story of Gwinnett:
A bill to amend an act establishing the charter of the Town of Snellville, to enlarge 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 hill, the ayes were 30, nays 0.
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JOURNAL OF THE SENATE,
The bill, having received the requisite constitutional majority, was passed.
HB 1132. By Messrs. Walker and Budd of Lowndes:
A bill to amend the charter of the City of Valdosta, to alter, relocate and redefine the corporate limits of said city; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 1132 by adding in the title before the words "and for other purposes" the words "to provide for a referendum".
By adding a new section to be known as Section 2 to read as follows:
"Section 2. Not less than five nor more than ten 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 Lowndes County to issue the call for an election for the purpose of submitting this act to the voters of the territory proposed to be annexed by this act for approval or rejection. The Ordinary shall set the date of such election for a day not less than ten nor more than twenty days after the date of the issuance of the call. The Ordinary shall cause the date and purpose of the election to be published at least once preceding the date thereof in the official organ of Lowndes County. The ballot shall have written or printed thereon the words:
'For approval of the act changing the corporate limits of the City of Valdosta.
'Against approval of the act changing the corporate limits of the City of Valdosta.'
"Only those voters who reside in the territory which is proposed to be annexed by this act shall be eligible to vote in such election. 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 is 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 is for approval of the act, it shall be void and of no force and effect. It shall be the duty of the Ordinary to hold and conduct such election. It shall be his further duty to canvass the return and declare and certify the result of the election. He shall certify the result thereof to the Secretary of State. The expense of such election shall be borne by the City of Valdosta. It shall be the duty of the Ordinary to complete an accurate itemized statement of the expenses incurred relative to holding and conducting such election including the cost of the publication provided for and other related matters. After the result of the election has been certified, the Ordinary shall submit his statement, under oath, to the governing authority of the City of Valdosta and said governing authority is hereby authorized and directed to pay the Ordinary said amount as a legitimate and legal expense of the City of Valdosta."
By renumbering Sections 2 and 3 in said bill as Sections 3 and 4 respectively.
THURSDAY, FEBRUARY 18, 1960
727
On the adoption of the amendment, the ayes were 30, 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
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.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 530 by striking Sections 2 and 3 of said bill and substituting in lieu thereof the following Sections 2 and 3 by deleting Section 5 and re-numbering Section 6 as Section 5:
Section 2. The Solicitor-General of the Stone Mountain Circuit shall have the power with the approval of the senior judge of said Circuit to appoint two (2) assistant Solicitors-General, their powers and duties when acting for the Solicitor-General shall extend throughout the Stone Mountain Circuit and shall be the same as those of the Solicitor-General. They shall not serve beyond the term of their principal and shall be subject to removal at any time of the said principal. Each said Assistant Solicitor-General, when appointed, and before assuming office shall take the same oath of office, in substance, as is prescribed for Solicitor-General in this State.
Section 3. The salary of said assistants shall be at least eight thousand two hundred and fifty dollars ($8,250.00) and seven thousand seven hundred and fifty dollars ($7,750.00) each. Said salary to be assigned by the Solicitor-General payable in at least monthly installments out of the Treasury of DeKalb County as a part of the operating expenses of the DeKalb Superior Court, the funds therefor to be provided in the same manner as the other operating expenses of said court, and to be effective as of January 1st, 1960.
On the adoption of the amendment, the ayes were 30, 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
728
JOURNAL OF THE SENATE,
The president appointed as a committee of escort for Honorable James Gray, the following:
Senators Culpepper of the 7th, Crowe of the 10th, Hays of the 8th and Lindsey of the llth.
The following bill was taken up for the purpose of considering House action thereto:
SB 167. By Senators Perry of the 24th, Slade of the 14th and others:
A bill to amend an act relating to the State Highway Board, approved February 2, 1950 (Ga. Laws 1950, p. 62), as amended, so as to change the procedures relating to expenditure of funds; to repeal conflicting laws; and for other purposes.
The House offered the following amendment:
Mr. Undercofler of Sumter moves to amend SB 167 by inserting after the words "municipal streets" appearing in the next to last line on page 2 the following:
"driveways and parking areas located upon the property of and serving public schools or colleges of the University System."
Senator Perry of the 24th moved that the Senate adopt the House amendment to SB 167.
On the motion, the ayes were 30, nays 0, and the amendment was adopted.
The following bill was taken up for the purpose of considering House action thereto:
SB 169. By Senators Perry of the 24th and Edenfield of the 16th:
A bill to prohibit any person from obtaining credit by use of a credit card issued to another without the consent of the person to whom issued; to prohibit the use of a credit card which has expired or been canceled; to prescribe penalties therefor; to define certain words and terms; to repeal conflicting laws; and for other purposes.
The House offered the following amendment:
The Committee on Industry offered the following amendment:
Amend SB 169, Section 1 by inserting in line 2 of said Section after the words "identification card" the following:
"credit number, credit device"
Amend Section 2 by inserting in line 8 of said Section after the words "(3) a credit card which has expired" the following:
"or (4) a credit card which is false, fictitious or counterfeit"
Amend the Title by inserting in line 4 thereof after the words "or been cancelled;" the following:
"to prohibit the use of a false, fictitious or counterfeit credit card;"
THURSDAY, FEBRUARY 18, 1960
729
Senator Perry of the 24th moved that the Senate adopt the House amendment to SB 169.
On the motion, the ayes were 30, nays 0, and the amendment was adopted.
The following resolutions were read and adopted:
SR 141. By Senators Holton of the 46th; Livingston of the 38th; Lindsey of the 53rd; and Lanier of the 20th:
A resolution relative to highways; and for other purposes.
The president appointed as a committee the following:
Senators Holton of 46th, Livingston of 38th, Lindsey of 53rd, Lanier of 20th, Barrett of 45th, Purcell of 31st and Roper of 19th.
SR 143. By Senators Vaughn of the 34th and Brown of the 52nd:
A resolution to convey a perpetual easement for street purposes of certain property of Western and Atlantic Railroad; and for other purposes.
SR 144. By Senator Jernigan of the 5th and Mercer of the 49th:
A resolution to amend Senate Rule 134 relative to committee on educational matters.
The president appointed as a committee the following: Senators Pannell of 43rd and Marshburn of 33rd.
SR 145. By Senator Brown of the 52nd:
A resolution congratulating Miss Olive Bell Davis, the authoress of "Exodus 20"; and for other purposes.
HR 491. By Mr. Fowler of Douglas:
A resolution urging the Board of Regents to add to its staff a Director of Agricultural Matters; and for other purposes.
HR 524. By Mr. Smith of Emanuel:
A resolution relative to projects of the sons of Confederate Veterans; and for other purposes.
HR 525. By Messrs. Massee of Pulaski, Carr of Dooly and others:
A resolution expressing sympathy to the family and friends of H. B. Snower; and for other purposes.
HR 528. By Mr. Smith of Emanuel:
A resolution relative to the admission of Jefferson Davis to the Hall of Fame; and for other purposes.
730
JOURNAL OF THE SENATE,
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 to wit:
SB 223. By Senators McGill of the 50th and Mobley of the 17th:
A bill to amend an act known as the "Structural Pest Control Act"; and for other purposes.
The House has amended the Senate amendment to the following bill of the House to wit:
HB 496. By Mr. McWhorter of DeKalb:
A bill to amend the act relating to marriage licenses, how granted and recorded; and for other purposes.
The following bill of the House was taken up for the purpose of considering a House amendment to a Senate amendment thereto:
HB 496. By Mr. McWhorter of DeKalb:
A bill to amend the act relating to marriage licenses, how granted and recorded; and for other purposes.
The House amendment was as follows:
Mr. Gowen of Glynn moves to amend the Senate amendment to HB 496 by adding to it the following:
"that there be added to the caption the following:"
"to provide that no marriage license shall be issued earlier than three days following the application therefor; to provide a punishment for persons issuing licenses in violation of this provision; and for other purposes."
Senator Smith of the 4th moved that the Senate agree to the House amendment to the Senate amendment to HB 496.
On the motion, the ayes were 38, nays 0, and the House amendment to the Senate amendment was adopted.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
HB 1112. By Mr. Alien of Bulloch:
A bill to make it a misdemeanor for any person to refuse to leave certain premises when requested to do so; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
THURSDAY, FEBRUARY 18, 1960
731
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 935. By Messrs. Murphy of Haralson, Ross of Lincoln, Smith of Emanuel, Twitty of Mitchell, Ballard of Newton and Tamplin of Morgan:
A bill to revise the laws relating to the offense of barratry; and for other purposes.
Senator Sanders of the 18th offered the following amendment:
Amend HB 935 by striking sub paragraph 3B, Section 3 and inserting in lieu thereof the following:
"(3) Any attorney who solicits, or who after soliciting advocates, urges or encourages or any other person who solicits, advocates, urges or encourages the bringing of any action, litigation or other proceeding before any state or federal court, or before any administrative agency of the state or any political subdivision thereof, and thereafter defrays or offers to defray the costs of maintaining such action, litigation or other proceeding, or to furnish counsel or other legal assistance in connection therewith. Nothing herein shall apply to any contingent fee contract between an attorney and client unless such attorney or any one acting in his behalf solicited such contract without being first consulted by the client or the client's representative."
On the adoption of the amendment, the ayes were 43, 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 42, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HR 420. By Messrs. Murphy of Haralson, Ross of Lincoln, Smith of Emanuel, Twitty of Mitchell and others:
A resolution to create a joint interim committee of the House and Senate to investigate and hold hearings to define and strengthen the laws dealing with barratry; 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.
732
JOURNAL OP THE SENATE,
The president appointed as a committee the following: Senators Crowe of 10th, Roach of 39th and Gearreld of 37th.
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 the contracts entered into by truck brokers; and for other purposes.
The report 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 772. By Messrs. Duncan and Craven of Carroll:
A bill to amend an act known as "the soil conservation districts law", to provide eminent domain to soil districts for acquiring easements; and for other purposes.
Senators Marshburn of the 33rd and Clary of the 29th offered the following amendment:
Amend HB 772 by inserting immediately after the words "90% or more" in the language quoted as sub-section 11 (a) of said bill the words "of the property owners", so that said sub-section 11 (a), as amended, shall read as follows:
"When a small watershed project is instituted under the sponsorship of a duly constituted Soil Conservation District alone or under co-sponsorship with any political subdivision of this state, and has been approved by the state and federal governments for construction thereof, and when as a condition precedent to the exercise of the rights herein conferred, 90% or more of the separate property owners of the necessary easements and land rights have been gratuitiously given in writing and delivered to such district, for the purpose of the small watershed project, and the governing board of the soil conservation district finds that it cannot acquire by voluntary contract the remaining necessary easements and land rights, the sponsoring soil conservation district upon such showing incorporated in a condemnation proceeding, is granted the right of eminent domain for the purpose of acquiring the remaining necessary easements and land rights to enable it to accomplish the completion of the small watershed project."
By striking Section 2 thereof and inserting a new Section 2 as follows:
Section 2. Said act is further amended by adding to Section 11 thereof a subsection, to be known as 11 B, as follows:
Section 11B. Upon compliance with the conditions precedent set forth in Section 11A, a soil conservation district may proceed to condemn said land in accordance with the procedure set forth by 36-1104 through 36-1116, as amended, of the Code of Georgia of
THURSDAY, FEBRUARY 18, 1960
733
1933 and other pertinent eminent domain statutes, to acquire the remaining easements and land rights necessary. Provided that in any such proceeding, the condemnor shall be required to condemn the fee simple title to all land not otherwise acquired, which will be covered by permanent ponding or permanent flooding. Provided further the co'ndemnor shall tender to the condemnee the full sum awarded in said condemnation proceedings, or pay the same into court in the event of the refusal of the condemnee to accept the same, before entering upon, occuping or subjecting to its use, by flooding or otherwise, any part of the lands or rights in land sought to be condemned.
On the adoption of the amendment, the ayes were 42, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 33, nays 9.
The bill, having received the requisite constitutional majority, was passed as amended.
The following resolution of the Senate was taken up for the purpose of considering a House substitute therefor:
SR 76. By Senators Jernigan of the 5th, Mobley of the 17th, Sanders of the 18th, Smith of the 4th, Woodall of the 25th, Culpepper of the 7th and Purcell of the 31st:
A resolution proposing an amendment to the Constitution so as to change the provisions relating to the millage limitation for tax levy for education; and for other purposes.
The Committee on Ways and Means of the House offered the following substitute :
A RESOLUTION
Proposing an amendment to the Constitution so as to change the provisions relating to the millage limitation for the tax levy for education ; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VIII, Section XII, Paragraph I of the Constitution, relating to taxation by counties for education, as amended by an amendment ratified November 2, 1954 and found in Georgia Laws 1953, November-December Session, page 252, is hereby amended by striking the following:
"The fiscal authority of the several counties shall levy a tax for the support and maintenance of education not less than five mills nor greater than fifteen mills (as recommended by the county board
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JOURNAL OP THE SENATE,
of education) upon the dollar of all taxable property in the county located outside independent school systems. The independent school system of Chatham County and the City of Savannah, being coextensive with said county, the levy of said tax shall be on all property in said county as recommended by the governing body of said system."
and inserting in lieu thereof the following:
"The fiscal authority of the several counties shall levy a tax for the support and maintenance of education not less than five mills nor greater than twenty mills (as recommended by the county board of education) upon the dollar of all taxable property in the county located outside independent school systems. The independent school system of Chatham County and the City of Savannah being coextensive with said county, the levy of said tax shall be on all property in said county as recommended by the governing body of said system."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of the amendment to the Constitution so as to change the provisions relating to the millage limitation for the tax levy for education.
"Against ratification of the amendment to the Constitution so as to change the provisions relating to the millage limitation for the tax levy for education."
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 Woodall of the 25th moved that the Senate adopt the House substitute for SR 76.
On the motion, the ayes were 35, nays 0, and the substitute was adopted.
The following bill was taken up for the purpose of considering a House amendment thereto:
THURSDAY, FEBRUARY 18, 1960
735
SB 223. By Senators McGill of the 5th and Mobley of the 17th:
A bill to amend an act known as the "Structural Pest Control Act"; and for other purposes.
The House amendment was as follows:
Mr. Lanier of Candler moved to amend SB 223 by changing in section 6 in the quoted section 10 (b) (2) the word of to the word or.
Striking in the quoted section 11 (b) of section 7 the word quilty and inserting in lieu thereof the word guilty.
Striking in the first sentence of the quoted section 13(a) in section 9, the word numicipal, and inserting in lieu thereof the word municipal.
Striking in the quoted section 16 of section 11 the word provice and inserting in lieu thereof the word provide.
Senator McGill of the 50th moved that the Senate agree to the House amendment to SB 223.
On the motion, the ayes were 40, nays 0, and the amendment was agreed to.
HB 63. By Messrs. Story of Gwinnett and Morgan of Gwinnett:
A bill to amend an act relating to the sale of fireworks approved March 7, 1955 so as to limit the sale for agricultural purposes; except upon permit; fireworks sold in violation shall be contraband; to repeal conflicting laws; and for other purposes.
The Committee on Agriculture and Natural Resources offered the following substitute:
A BILL
To be entitled an act to govern and regulate the sale, possession, display and use of fireworks; to provide prohibitions and exceptions to the sale, possession, display and use of certain dangerous fireworks; to authorize the State Fire Marshal to promulgate reasonable rules and regulations to carry out the purpose of this act; to provide for the issuance, renewal, suspension and revocation of licenses to deal in fireworks; to provide a fee for such licenses; to regulate the shipment of fireworks into Georgia; to provide penalties for the violation of provisions of this act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. It shall be unlawful for any person to import into this State, to sell, offer for sale, possess, use, ignite, give away, explode, discharge or cause to be discharged any fireworks except as hereinafter provided.
Section 2. That as used in this act the following terms shall have the meaning ascribed to them in this Section unless clearly indicated otherwise.
1. The term "fireworks" shall mean and include any combustible or explosive composition or any substance or combination of substances
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JOURNAL OF THE SENATE,
or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation and shall include among other items blank cartridges, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, roman candles, dago bombs, sparklers or other fireworks of like construction and any fireworks containing any explosive or flammable compound or any tablets or other device containing any explosive substance.
2. The term "Class C" or "Common" fireworks shall mean all articles of fireworks as are now or hereafter classified as "ICC Class C Common Fireworks" in the regulation of the Interstate Commerce Commission for the transportation of explosives and other dangerous articles, except such items as the State Fire Marshal shall declare as unsafe for general public use.
3. The term "Dangerous Fireworks" shall mean any article of fireworks not included in definition of "Class C or Common Fireworks."
4. The term "Distributor" shall mean any person engaged in importing or receiving fireworks from outside the State of Georgia and selling same to persons licensed under the provisions of this act or to anyone holding a valid permit to possess or use such fireworks, or for shipment to persons outside this State.
5. The term "Wholesaler" shall mean any person engaged in making sales for shipment out of the State of Georgia or to Georgia licensed wholesalers, jobbers, or retailers.
6. The term "Jobber" shall mean any person engaged in making sales only to retailers licensed under the provisions of this act.
7. The term "Retailer" shall mean any person engaged in making sales to consumers.
8. Singular and plural words used in the singular include the plural and the plural the singular.
9. "Person" includes any individual, firm, corporation, association, co-partnership.
Section 3. It shall be unlawful for any person to ship or cause to be shipped into the State of Georgia by either public or private carrier, or otherwise, any fireworks of whatever nature except to a person holding a valid license issued under the provisions of this act to deal in fireworks as a distributor or to the holder of a valid permit issued under the provisions of this act to conduct a public display of fireworks. And it shall be unlawful for any person, other than the holder of a valid license, under this act to deal in fireworks as a distributor, to receive, or cause to be received, within the State of Georgia from any carrier, either public or private, or otherwise, any fireworks of any kind whatsoever.
Section 4. Each manufacturer or distributor of fireworks shall obtain an annual license from the State Fire Marshal, and the fee for such license shall be $1,000.00 per annum, or fraction thereof, for each location from which business is conducted. Such license shall expire on May 31 of each year and it shall be unlawful for manufacturer or distributor to engage in business without a valid license or to sell or deliver fireworks of any kind to any person who does not hold a valid license or permit issued under the provisions of this act to possess, sell
THURSDAY, FEBRUARY 18, 1960
737
or use such fireworks. Every such license must be obtained or renewed for the succeeding fiscal year on or before June 1 of each year.
Section 5. Each wholesaler of fireworks shall obtain an annual license from the State Fire Marshal, and the fee for such license shall be $100.00 per annum, or fraction thereof, for each location from which business is conducted. Such license shall expire on May 31 of each year and it shall be unlawful for any wholesaler of fireworks to engage in business without a valid license or to sell or deliver fireworks of any kind to any person who does not hold a valid license or permit issued under the provisions of this act, to possess, sell, or, use such fireworks or to possess, sell, deliver or otherwise convey any fireworks except those articles classed as Class C Common fireworks or to possess or sell any item of fireworks of whatever class or nature declared to be unsafe for general public use by the State Fire Marshal.
Section 6. Each "Jobber" of fireworks shall obtain an annual license from the State Fire Marshal, and the fee for such license shall be $50.00 per annum, or fraction thereof, for each location from which business is conducted. Such license shall expire on May 31 of each year, and it shall be unlawful for any jobber of fireworks to engage in business without a valid license or to sell or possess any fireworks except those articles classed by the Federal Interstate Commerce Commission as Class "C" fireworks or to sell or possess any fireworks of whatever nature declared to be unsafe for general public use by the State Fire Marshal or to sell or deliver fireworks to any person who does not hold a valid license or permit issued under the provisions of this act, to possess, sell or use such fireworks.
Section 7. Each retailer of fireworks in the State shall obtain an annual license from the State Fire Marshal, and the fee for such license shall be $10.00 per annum, or fraction thereof, for each location. Such license shall expire on May 31 of each year, and it shall be unlawful for any retailer of fireworks to engage in business without a valid license or to sell or possess any fireworks except those articles classed by the Federal Interstate Commerce Commission as Class C fireworks or to sell or possess any fireworks of whatever nature declared to be unsafe for general public use by the State Fire Marshal. It is provided that any county, city, or municipality shall have the power and authority to assess and collect a business license before any fireworks can be sold.
Section 8. Public displays of fireworks shall be conducted only upon authority of a permit issued by the State Fire Marshal. Application for such permits shall be submitted twenty (20) days in advance of date of display on forms prescribed and giving such information as required by the State Fire Marshal, as a prerequisite to issuing a permit the State Fire Marshal shall require a bond from the person to whom a permit is granted in the sum of $2,500.00 conditioned for the payment of damages which may be caused either to persons or property by reason of the display. Provided, however, that if the person to whom a permit is granted shall show by evidence acceptable to the State Fire Marshal that he carries public liability insurance coverage for bodily injury in an amount of not less than $25,000.00 for each person and $50,000.00 for each accident, and for property damage in an amount of not less than $25,000.00 for each accident and $50,000.00 aggregate, with an insurance company duly licensed by the Insurance Commissioner of Georgia, the bond provided for herein may be waived in the discretion of the State Fire Marshal.
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Section 9. The State Fire Marshal may suspend or revoke any license or permit for violation of any provision of this act or any rule or regulation promulgated thereunder.
Section 10. The State Fire Marshal may promulgate such rules and regulations based upon the laws of Georgia and the provisions of this act as he may deem necessary for the public safety, welfare and the proper administration and enforcement of this act.
Section 11. Nothing in this act shall be construed as prohibiting the storage, sale or use of signals, torpedoes or other pyrotechnic objects necessary for the safe operation of railroads, trucks or other classes of public or private transportation or the use of any type of fireworks by the armed forces of the United States or the military forces of the State of Georgia or the sale or use of fireworks for ceremonial, athletics, theatrical or sporting events or the sale or use of any kind or type of fireworks for agricultural purposes when purchaser or user is authorized in writing by his County Agricultural Agent or the State Fire Marshal when purchased from a manufacturer or distribtuor licensed under the provisions of this act.
Section 12. The State Fire Marshal is hereby authorized to seize as contraband any fireworks which are sold, offered for sale, displayed, used, possessed or given away in violation of any provision of this act or any rule or regulation promulgated hereunder. When so seized, the State Fire Marshal is authorized to declare said fireworks condemned and shall take suitable steps to dispose of such fireworks.
Section 13. Each manufacturer, distributor, wholesaler and jobber shall keep an accurate record of each sale, delivery or shipment of fireworks. Such records shall be clear and legible, showing the name and address of purchaser, the serial number of license or permit of purchaser, the quantity and description of the fireworks, the localities of operations at which said fireworks are to be used, stored or delivered. Such records shall be kept at each place of business in this State and shall be subject to examination by the State Fire Marshal who shall have the authority at any time to require any manufacturer, distributor or wholesaler to produce such records for the current calendar year and the immediate preceding full calendar year.
Section 14. An act relating to the control of fireworks approved March 7, 1955 (Ga. Laws 1955, p. 550), is hereby repealed in its entirety and such repeal shall not reinstate the provisions of an act approved February 25, 1949 (Ga. Laws 1949, p. 1000).
Section 15. Any person violating any provision of this act or any rule or regulation promulgated by the State Fire Marshal under the authority of this act shall be guilty of a misdemeanor, and upon conviction thereof, shall be so punished.
Section 16. This act being for the health, welfare and safety of the State and its inhabitants shall be construed liberally to the purposes thereof.
Section 17. The provisions of this act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
Section 18. This act shall become effective April 1, 1960.
THURSDAY, FEBRUARY 18, 1960
739
Section 19. All laws and parts of laws in conflict with this act are hereby repealed.
On the adoption of the substitute, the ayes were 21, nays 22, and the substitute was lost.
Senator Perry of the 24th moved that HB 63 be indefinitely postponed.
On the motion, the ayes were 19, nays 16, and the motion prevailed.
Senator Vaughn of the 34th moved that the following bill of the House be withdrawn from the Committee on Agriculture and Natural Resources and recommitted to the Committee on Rules:
HB 741. By Mr. Matthews of Colquitt:
A bill to amend an act regulating the sale of fireworks, so as not to prohibit any resident wholesaler, dealer, or jobber from selling such fireworks or the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes, etc.; and for other purposes.
On the vote, Senator Crowe of the 10th 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 of 32nd Barrett of 45th Breedlove Brooks Brown Carlisle Crowe Culpepper Dykes Edenfield Gearreld
Greer Hays Holt Holton Home Land Lanier Lindsey of llth Lindsey of 53rd Marshburn Mercer Mobley
Pannell Purcell Ranisey Roach Screws Shaw Smith Vaughn Watson Woodall Wright
Those voting in the negative were Senators:
Buff Cannon Clary Darby Doster Drew
Jernigan Kennedy Kiker Livingston Marshall McGill
Nixon Perry Redwine Roper Sanders Slade
By unanimous consent, verification of the roll call was dispensed with.
On the vote, the ayes were 35, nays 18, and HB 741 was recommitted to the Committee on Rules.
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JOURNAL OP THE SENATE,
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 to wit:
SB 184. By Senators Jernigan of 5th and Smith of 4th and others:
A bill to amend an act establishing a retirement system for teachers in the state public schools and other state supported schools; and for other purposes.
The House has passed by substitute the following bill of the Senate to wit:
SB 221. By Senators Doster of the 48th and Greer of the 6th:
A bill to amend an act so as to provide that the term "motor carrier" shall not include motor vehicles engaged in the transportation of fertilizer; and for other purposes.
The House has passed as amended the following bill of the Senate to wit:
SB 232. By Senators Redwine of the 26th, Jernigan of the 5th and Cannon of the 40th:
A bill to amend an act creating and establishing a Board of Funeral Service; and for other purposes.
The following bill was taken up for the purpose of considering a House amendment thereto:
SB 232. By Senators Redwine of the 26th, Jernigan of the 5th and Cannon of the 40th:
A bill to amend an act creating and establishing an Board of Funeral Service, so as to change the definition of the word "apprentice"; to change the residence requirements for applicants; to change the requirements for the apprentice fee; to eliminate the reciprocal practice provisions; to change the examination requirements; to change the license renewal fee; and for other purposes.
The House amendment was as follows:
Mr. Parker of Ware moved to amend SB 232 by adding to the end of section 2, sub-paragraph (D) the words: or by a certificate of good moral character by any constitutional officer.
Senator Redwine of 26th moved that the Senate agree to the House amendment to SB 232.
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 a House amendment thereto:
THURSDAY, FEBRUARY 18, 1960
741
SB 184. By Senator Jernigan of the 5th, Senator Smith of the 4th and others:
A bill to amend an act establishing a retirement system for teachers in the State public schools and other State supported schools, so as to provide that tax funds of Georgia may be used or applied on any prior service of credit allowed while teaching outside of Georgia; to repeal conflicting laws; and for other purposes.
The House amendment was as follows:
The Committee on Education moved that SB 184 be amended to provide that on page 2, section 1, sub-section 4(5-A), line 8 between the word "for" and the word "additional" delete the word "which" and insert the word "each".
Senator Jernigan of 5th moved that the Senate agree to the House amendment to SB 184.
On the motion, the ayes were 32, nays 0, and the amendment was agreed to.
HB 820. By Messrs. Blalock of Clayton and Ray of Warren:
A bill authorizing the State Revenue Commissioner to waive collection of penalties and interest due in certain instances; and for other purposes.
The report 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 501. By Mr. Trotter of Troup:
A bill to provide the precautions to be taken in proximity of high voltage lines for the prevention of accidents; to make provisions for administration and enforcement by the Commissioner of Labor; and for other purposes.
The report 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 743. By Mr. Andrews of Hall:
A bill to amend code section 84-1103, relating to appointment of members of Georgia State Board of Examiners; and for other purposes.
The Committee on Rules offered the following amendment:
Amend HB 743 by striking from the caption of the bill the following language to wit:
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JOURNAL OP THE SENATE,
"So as to provide the method of making subsequent appointments and filling of vacancies."
By striding section (1) one from the bill in its entirety.
On the adoption of the amendment, the ayes were 30, 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 698. By Messrs. Ray of Warren and Blalock of Clayton:
A bill to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act, to provide credit against any use tax due thereunder from hospitals; and for other purposes.
The report 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 1075. By Messrs. Twitty of Mitchell and Smith of Emanuel:
A bill to amend the code so as to increase the number of Judges of Court of Appeals from 6 to 7, to provide that the Court shall sit in two divisions; and for other purposes.
The report 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 416. By Messrs. Dorminy of Ben Hill, Milhollin of Coffee, Todd of Glascock and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize counties to purchase liability insurance; to provide for the submission of this amendment for ratification or rejection: and for other purposes.
THURSDAY, FEBRUARY 18, 1960
743
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section VI, of the Constitution is hereby amended by adding a new Paragraph, to be known as Paragraph III, to read as follows:
"Paragraph III. The governing authority of each county is hereby authorized in its discretion to purchase liability insurance to cover damages on account of bodily injury or death to any person or damage to property of any person arising by reason of ownership, maintenance, operation or use of any motor vehicle by such county, whether as a result of a governmental undertaking or not, and to pay premiums therefor. The governing authority is hereby authorized to levy a tax for such purpose. In the event of purchasing such insurance, the governmental immunity of the county shall be waived to the extent of the amount of insurance so purchased. Neither the county nor the insurer shall be entitled to plead governmental immunity as a defense and may make only such defenses as could be made if the insured were a private person. The county shall be liable only for damages suffered while said insurance is in force. No attempt shall be made in the trial of any action brought against the county to suggest the existence of any insurance which covers in whole or in part, any judgment or award which may be rendered in favor of the plaintiff. If the verdict rendered by the jury exceeds the limitation of the insurance, the court shall reduce the amount to a sum equal to the applicable limitations stated in the policy."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize counties to purchase liability insurance.
"Against ratification of amendment to the Constitution so as to authorize counties to purchase liability insurance."
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.
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JOURNAL OF THE SENATE,
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 Barrett of 45th Brooks Brown
Cannon Carlisle Clary
Crowe Culpepper Darby Drew Gearreld Greer
Hays Holt Holton Home Jernigan
Kiker Land Lanier
Lindsey of 53rd Livingston Mercer Mobley McGill Nixon
Pannell Purcell Redwine Roach Roper
Screws Shaw Skelton
Slade Smith Vaughn Watson Woodall Wright
By unanimous cousent, 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.
The following bill of the Senate was taken up for the purpose of considering a House substitute therefor:
SB 221. By Senators Doster of the 48th and Greer of the 6th:
A bill to amend section 68-502 of the 1933 code of Georgia, as amended by an act of the General Assembly of Georgia by amending sub-section 2 (a) thereof so as to provide that the term "Motor Carrier" shall not include motor vehicles engaged in the transportation of fertilizer; and for other purposes.
The Committee on Agriculture offered the following substitute:
A BILL
To be entitled an act to amend section 68-502 of the 1933 code of Georgia, as amended by an act of the General Assembly of Georgia (Ga. Laws 1943, pp. 179-180) by amending sub-section 2 (a) thereof so as to provide that the term "Motor Carrier" shall not include motor vehicles engaged in the transportation of dry fertilizer; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code section 68-502 of the 1933 code of Georgia, as amended by an act of the General Assembly of Georgia (Ga. Laws 1943, pp. 179-180), be amended by inserting the words "or dry fertilizer" between the words "peaches, whether", so as to provide that the term "Motor Carrier" shall not include motor vehicles engaged in the trans-
THURSDAY, FEBRUARY 18, 1960
745
portation of dry fertilizer, so that said code section 2 (a), as amended, will read as follows:
"2 (a) Motor vehicles engaged in the transportation of peanuts in the shell and peaches, or dry fertilizer, whether such motor vehicle is owned by the producer or owner of such peanuts and peaches, or dry fertilizer, or by any other person: Provided, such vehicles do not haul or transport other commodities not exempt by law from the regulations of the Public Service Commission."
Section 2. All laws and parts of laws in conflict with this act are hereby repealed.
Senator Mobley of the 17th moved that the Senate adopt the House substitute for SB 221.
On the motion, the ayes were 31, nays 0, and the substitute was adopted.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 764. By Messrs. Twitty of Mitchell, Smith of Emanuel and others:
A bill to provide for safe watercraft operations, administration of act by Game and Fish Commission, for minimum standards of safety equipment, etc.; and for other purposes.
Senator Clary of 29th moved that the Senate recede from its position in amending HB 764.
On the motion to recede, the ayes were 32, nays 0, and the motion prevailed.
HB 855. By Messrs. Hill of Meriwether, Bozeman of Thomas and Braswell of Wheeler:
A bill to amend an act relating to hauling of agricultural products grown in this State upon payment of fee; regarding identification 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 869. By Mr. Gowen of Glynn:
A bill to amend an act establishing a State Employees Retirement System, so as to change the provisions relating to former employees; and for other purposes.
Senator Culpepper of the 7th offered the following amendment:
Amend HB 869 by adding a new section to be appropriately numbered and to read as follows:
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JOURNAL OF THE SENATE,
"Section .___.__.. That said act approved February 3, 1949, as amended, be further amended by striking from subsection 1 of section 4 of said act, which subsection relates to creditable service, the words 'five years,' and inserting in lieu thereof the words 'six years,' so as to increase from five years to six years the years of service which shall be primarily creditable on account of service in the Georgia National Guard, the Georgia State Guard and/or as a member of the General Assembly of Georgia."
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 41, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 825. By Messrs. Holcombe of Cobb, Twitty of Mitchell and others:
A bill providing pensions to the State of Georgia, so as to change the provisions relative to monthly benefits; to clarify provisions relative to payment of 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 893. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to provide for the creation of transit authorities 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.
HB 930. By Messrs. Magoon of Hart and Matthews of Clarke:
A bill to require the president of each college in the University System of Georgia to furnish to school superintendents in this state progress reports as to students enrolled in such institutions; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
THURSDAY, FEBRUARY 18, 1960
747
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 690. By Mr. Musgrove of Clinch:
A bill to prohibit the use of certain language over the telephone, to prohibit use of the telephone for certain purposes, to provide a penalty therefor; and for other purposes.
The report 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 818. By Messrs. Blalock of Clayton and Ray of Warren:
A bill to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act, to require registration thereunder of certain dealers; and for other purposes.
The report 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 120. By Mr. Irvin of Habersham:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section IV, Paragraph I, of the Constitution of the State of Georgia of 1945, so as to empower the General Assembly to authorize any county the right to use public funds for school lunch purposes; to provide for the submission of this amendment for ratification or rejection by the people; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article VII, Section IV, Paragraph I, of the Constitution of Georgia of 1945, is hereby amended by adding at the end thereof a new subparagraph to read:
"Subparagraph 17. For school lunch purposes."
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 III, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
748
JOURNAL OP THE SENATE,
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 empower the General Assembly to authorize counties to use public funds for school lunch purposes.
"Against ratification of amendment to the Constitution so as to empower the General Assembly to authorize counties to use public funds for school lunch purposes."
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 Brooks Brown Cannon Clary Crowe Culpepper Darby Doster Gearreld Greer Holt
Holton Horne Jernigan Kennedy Kiker Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mobley McGill
Nixon Purcell Ramsey Redwine Roper Sanders Screws Skelton Slade Smith Vaughn Woodall Wright
Senator Roach voted in the negative.
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 39, nays 1.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
HB 948. By Messrs. Palmer and Twitty of Mitchell and others: A bill to provide for the registration of motor vehicles and the issuance
THURSDAY, FEBRUARY 18, 1960
749
of motor vehicle license plates by the tax collectors or tax commissioners of the various 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 950. By Messrs. Palmer and Twitty of Mitchell and others:
A bill to amend code section 68-201, relating to motor vehicles, to change date of registration, to change date the owner shall be subject to a penalty; and for other purposes.
The report 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 1065. By Messrs. Twitty of Mitchell, Smith of Emanuel, Bagby of Paulding, and Ray of Warren:
A bill to enlarge the jurisdiction and power to the Georgia Public Service Commission to authorize commission to prescribe rates, supervise and regulate the furnishing or selling of water by certain persons, firms or private corporations; and for other purposes.
The report 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 949. By Messrs. Palmer and Twitty of Mitchell and others: A bill to amend an act relating to motor vehicle licenses, to provide for the fees to be paid for the licensing of motor vehicles for part of a year; and for other purposes.
Senator Greer of the 6th offered the following amendment: Amend HB 949, section 2 by striking the word and figures "Febru-
ary 15, 1961" and inserting in lieu thereof the word and figures "February 1, 1962".
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, was agreed to as amended.
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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 as amended.
HB 1120. By Messrs. Willingham and Reed of Cobb, Mackay and Rutland of DeKalb, Blalock and Lee of Clayton:
A bill to provide for establishment of an Atlanta Region Metropolitan Planning District for Clayton, Cobb, DeKalb, Fulton and Gwinnett Counties; and for other purposes.
Senator Brown of the 52nd offered the following amendment:
Amend HB 1120 by striking from section 1 of Article VII the words "or outside".
By striking from section 2 or Article VII the words "or private individuals, firms or corporations" and by adding a comma after word "agencies".
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, was agreed to as amended.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HR 374. By Messrs. Bostick and Branch of Tift:
A resolution authorizing the Regents of the University System of Georgia to convey certain property in Tift County to the United States Government; 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 382. By Messrs. Sheffield of Brooks, Budd and Walker of Lowndes and Bozeman of Thomas:
A resolution proposing the acquisition and development of a State Park in Brooks County; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
THURSDAY, FEBRUARY 18, 1960
751
On the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 1012. By Mr. Barber of Jackson:
A bill to amend an act entitled "Revenue-Certificate Law of 1937", bonds issued under the law shall be sold at no less than par; and for other purposes.
Senator Marshburn of the 33rd offered the following amendment:
Amend HB 1012 by striking from the title the words and figures "Revenue-Certificate Law of 1937" and inserting in lieu thereof the words "Revenue Bond Law".
By striking from Section 1 the words and figures "Revenue-Certificate Law of 1937" and inserting in lieu thereof the words "Revenue Bond Law".
By striking from the matter quoted as Section 5 in Section 1 of said bill the words "Revenue anticipation certificates" and inserting in lieu thereof the words "Revenue bonds".
By striking from the matter quoted as Section 5 in Section 1 of said bill the word "certificates" as it appears in two additional places and inserting in lieu thereof the word "bonds".
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, 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.
HR 45. By Mr. McClelland of Pulton:
A resolution to compensate Mrs. Clyde Lamar Ellsberry and her three minor children; 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 Cannon
Carlisle Clary Crowe
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JOURNAL OF THE SENATE,
Culpepper Doster Drew Gearreld Greer Hays
Holt Holton Home Jernigan Kiker Land
Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer
Mobley McGill Nixon Pannell Purcell Roach
Roper Screws Shaw Skelton Slade Smith
Vaughn Watson Woodall 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 277. By Mr. Williams of Hall:
A resolution to compensate Mr. J. Robert House; 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 Cannon Carlisle
Clary Crowe Culpepper Doster Drew Gearreld Greer Hays
Holt Holton Home Jernigan Kiker Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley McGill Nixon
Pannell Purcell Roach Roper Screws Shaw Skelton Slade Smith Vaughn Watson Woodall 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.
THURSDAY, FEBRUARY 18, 1960
753
HR 315. By Mr. Sheffield of Brooks: A resolution to compensate Jack Butler; 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 Cannon Carlisle Clary Crowe Culpepper Doster Drew Gearreld Greer Hays
Holt Holton Home Jernigan Kiker Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley McGill Nixon
Panncll Purcell Roach Roper Screws Shaw Skelton Slade Smith Vaughn Watson Woodall 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 319. By Mr. Orr of Wilkes: A resolution to compensate Mitchell McAvoy; 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 Cannon Carlisle Clary
Crowe Culpepper Doster Drew Gearreld Greer Hays Holt
Holton Home Jernigan Kiker Land Lanier Lindsey of 53rd Livingston
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JOURNAL OF THE SENATE,
Marshall Marshburn Mercer Mobley McGill Nixon Pannell
Purcell Roach Roper Screws Shaw Skelton Slade
Smith Vaughn Watson Woodall 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.
HE 386. By Mr. Milhollin of Coffee:
A resolution to compensate Mr. Ferrnell L. Spivey; 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 Cannon Carlisle Clary Crowe Culpepper Doster Drew Gearreld Greer Hays
Holt
Holton Home Jernigan Kiker Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley McGill Nixon
Pannell Purcell Roach Roper Screws Shaw Skelton Slade Smith Vaughn Watson Woodall 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 387. By Mr. Johnson of Butts:
A resolution to compensate the International Harvester Company; and for other purposes.
THURSDAY, FEBRUARY 18, 1960
755
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 Cannon Carlisle Clary Crowe Culpepper
Doster Drew Gearreld Greer Hays
Holt Holton Home Jernigan Kiker Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley McGill Nixon
Pannell Purcell Roach Roper Screws Shaw Skelton Slade Smith Vaughn Watson Woodall 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 388. By Mr. Rodgers of Charlton:
A resolution to compensate the Seaboard Air Line Railroad Company; 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 Cannon Carlisle Clary Crowe Culpepper Doster
Drew Gearreld Greer Hays Holt Holton Home Jernigan Kiker Land Lanier
Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley McGill Nixon Pannell Purcell Roach
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JOURNAL OF THE SENATE,
Roper Screws Shaw Skelton
Slade Smith Vaughn Watson
Woodall 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.
HE 390. By Mr. Hurst of Quitman:
A resolution to compensate Mr. James Hubert Walker; 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 ths e vote was as follows:
Those voting in the affirmative were Senators:
Adams Barrett of 32nd Barrett of 45th Brooks Brown Cannon Carlisle Clary Crowe Culpepper Doster Drew Gearreld Greer Hays
Holt
Holton Home Jernigan Kiker Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley McGill Nixon
Pannell Purcell Roach Roper Screws Shaw Skelton Slade Smith Vaughn Watson Woodall 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 415. By Mr. Barrett of Cherokee:
A resolution to compensate Mr. and Mrs. A. 0. Shadburn; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
THURSDAY, FEBRUARY 18, 1960
757
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 Cannon Carlisle Clary Crowe Culpepper Doster Drew
Gearreld Greer Hays
Holt
Holton Home Jernigan Kiker Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer
Mobley McGill Nixon
Pannell
Purcell Roach Roper Screws Shaw Skelton Slade Smith Vaughn Watson Woodall
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 427. By Messrs. Morgan and Story of Gwinnett: A resolution compensating Walter Gamble; 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 Cannon Carlisle Clary Crowe Culpepper Doster Drew
Gearreld Greer Hays
Holt
Holton Home Jernigan Kiker Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer
Mobley McGill Nixon
Pannell
Purcell Roach Roper Screws Shaw Skelton Slade Smith Vaughn Watson Woodall
Wright
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JOURNAL OF THE SENATE,
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 450. By Mr. Bowen of Randolph: A resolution to compensate T. E. Faircloth of Cuthbert, 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 of 32nd Barrett of 45th Brooks Brown Cannon Carlisle Clary Crowe Culpepper Doster Drew Gearreld Greer Hays
Holt Holton Home Jernigan Kiker Land Lanier Lindsey of 53rd Livingston Marshall Marshburn Mercer Mobley McGill Nixon
Pannell Purcell Roach Roper Screws Shaw Skelton Slade Smith Vaughn Watson Woodall 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.
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 764. By Messrs. Twitty of Mitchell, Smith of Emanuel, and others:
A bill to provide for safe watercraft operation, administration of act by Game & Fish Commission; and for other purposes.
THURSDAY, FEBRUARY 18, 1960
759
HR 385. By Mr. Baughman of Early:
A RESOLUTION
Proposing to the qualified voters of Early County an Amendment to Article VII, Section VII, Paragraph V, of the Constitution of Georgia of 1945, so as to authorize Early County to issue certain revenue anticipation obligations known as revenue bonds for the purposes therein stated.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section VII, Paragraph V, of the Constitution of the State of Georgia is hereby amended by adding at the end of Paragraph V the following:
Provided further, that revenue anticipation obligations herein called revenue bonds may be issued by Early County herein called the issuer, to provide funds for the purchase, construction, enlargement, or either of facilities, including land, buildings, appurtenances, machinery and equipment, suitable for use (a) any industry for manufacturing, processing, or assembling any agricultural or manufactured product or (b) any commercial enterprise in storing, warehousing, distributing or selling products of agriculture, mining and industry, or any combination thereof. Such facilities may be leased or sold by the issuer to such industry or commercial enterprise upon such terms as may be agreed upon, subject to the lien of the revenue bonds upon the revenue of the facilities involved. No sale shall be completed and title to the facility shall remain in the issuer until all revenue bonds outstanding secured by the revenue of such undertaking shall have been paid in full.
The revenue bonds shall be payable, as to principal and interest, only from revenue received from such undertaking, and shall not be deemed debts of, or create debts against the issuer within the meaning of this Constitution; and the issuer shall not exercise the power of taxation for the purpose of paying the principal or interest of the revenue bonds or any part thereof. Such revenue bonds, their transfer the income therefrom, the security therefor, and until the payment in full of the obligation such facilities shall at all times be exempt from taxation from within the State. Bonds may be issued bearing rate or rates of interest and maturing at the years and amounts determined by the governing body of the issuer and when so authorized the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761) as amended, Code, Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder. Upon the adoption of this amendment the issuer may proceed to comply with the provisions hereof immediately without any further action on the part of the General Assembly.
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 to the voters as
760
JOURNAL OF THE SENATE,
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 Article VII, Section VII, Paragraph V, of the Constitution authorizing Early County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce."
"Against ratification of amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Early County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce."
If a majority of the electors of said county qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article VII, Section VII, Paragraph V, of the Constitution of this State, and the Governor 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 Barrett of 45th Brooks Brown Cannon Carlisle Clary Crowe Culpepper Darby Drew Gearreld Greer
Hays Holt Holton Home Jernigan Kiker Land Lanier Lindsey of 53rd Livingston Mercer Mobley McGill Nixon
Pannell Purcell Redwine Roach Roper Screws Shaw Skelton Slade Smith Vaughn Watson Woodall Wright
By unanimous consent, 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.
HR 405. By Mr. Singer of Stewart:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the construction of an electrical system in Stewart County; to provide for
THURSDAY, FEBRUARY 18, 1960
761
the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of Stewart County is hereby authorized to provide for the construction of a plant and other facilities for an electrical power system in said County. Revenue anticipation bonds may be issued for such purpose, as well as general obligation bonds. Any such plant and facilities so constructed may be leased by the governing authority, or the governing authority is hereby authorized to operate said plant and facilities and sell electrical power on behalf of Stewart County."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the 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 construction of an electrical system in Stewart County.
"Against ratification of amendment to the Constitution so as authorize the construction of an electrical system in Stewart County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 Brown of the 52nd offered the following amendment:
Amend KR 405-912, as amended, by striking Section 1 thereof, as amended, in its entirety and inserting in lieu thereof a new section to be known as Section 1, as follows:
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JOURNAL OF THE SENATE,
SECTION 1
Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of Stewart County is hereby authorized to provide for the construction of a plant and other facilities for an electrical power system in said County for the sole purpose of supplying the electrical requirements of any pulp or paper mill, and other related industries, located, established or operated in said County. Revenue anticipation bonds may be issued for such purpose, as well as general obligation bonds. Any such plant and facilities so constructed may be leased by the governing authority for said purpose, or the governing authority is hereby authorized to operate said plant and facilities and sell electrical power on behalf of Stewart County to such paper or pulp mill."
On the adoption of amendment, the ayes were 28, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
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 Barrett of 45th Brooks Brown Cannon Carlisle Clary Crowe Culpepper Darby Drew Gearreld Greer
Hays Holt Holton Home Jernigan Kiker Land Lanier Lindsey of 53rd Livingston Mercer Mobley McGill Nixon
Pannell Purcell Redwine Roach Roper Screws Shaw Skelton Slade Smith Vaughn Watson Woodall Wright
By unanimous consent, 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 as amended.
HR 406. By Mr. Singer of Stewart: A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize
THURSDAY, FEBRUARY 18, 1960
763
Stewart County to construct bridges; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of Stewart County is hereby authorized to provide for the construction of a bridge, or bridges, across the Chattahoochee River to the adjoining state of Alabama. Revenue anticipation bonds may be issued for such purpose, as well as general obligation bonds. Any such bridge, or bridges, may be opened to the public without charge or toll may be charged for the use of any such bridge across the Chattahoochee River. The governing authority of Stewart County is hereby authorized to contract with the state of Alabama or any county thereof relative to the construction of any such bridge."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize Stewart County to construct a bridge across the Chattahoochee River.
"Against ratification of amendment to the Constitution so as to authorize Stewart County to construct a bridge across the Chattahoochee River."
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:
764
JOURNAL OF THE SENATE,
Those voting in the affirmative were Senators:
Adams
Barrett of 32nd Barrett of 45th Brooks Brown Cannon Carlisle
Clary Crowe Culpepper Darby Drew Gearreld Greer
Hays
Holt Holton Home Jernigan Kiker Land
Lanier Lindsey of 53rd Livingston Mercer Mobley McGill Nixon
Pannell
Purcell Redwine Roach Roper Screws Shaw
Skelton Slade Smith Vaughn Watson Woodall Wright
By unanimous consent, 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.
HR 407. By Mr. Hall of Lee:
A RESOLUTION
Proposing to the qualified voters of Lee County an amendment to Article VII, Section VII, Paragraph V, of the Constitution of Georgia of 1945, so as to authorize Lee County to issue certain revenue anticipation obligations known as revenue bonds for the purposes therein
stated.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section VII, Paragraph V, of the Constitution of the State of Georgia of 1945, is hereby amended by adding at the end of Paragraph V the following:
"Provided further, that revenue anticipation obligations herein called revenue bonds may be issued by Lee County herein called the issuer, to provide funds for the purchase, construction, enlargement, or either of facilities, including land, building, appurtenances, machinery and equipment, suitable for use by (a) any industry for manufacturing, processing, or assembling any agricultural or manufactured product or (b) any commercial enterprise in storing, warehousing, distributing or selling products of agriculture, mining and industry, or any combination thereof. Such facilities may be leased or sold by the issuer to such industry or commercial enterprise upon such terms as may be agreed upon, subject to the lien of the revenue bonds upon the revenue of the facilities involved. No sale shall be completed and title to the facility shall remain in the issuer until all revenue bonds outstanding secured by revenue of such undertaking shall have been paid in full.
THURSDAY, FEBRUARY 18, 1960
765
"The revenue bonds shall be payable, as to principal and interest, only from revenue received from such undertaking, and shall not be deemed debts of, or create debts against the issuer within the meaning of the Constitution; and the issuer shall not exercise the power of taxation for the purpose of paying the principal or interest of the revenue bonds or any part thereof. Such revenue bonds, their transfer, the income therefrom, the security therefor, and until the payment in full of the obligation such facilities shall at all times be exempt from taxation from within the State. Bonds may be issued bearing rate or rates of interest and maturing at the years and amounts determined by the governing body of ths issuer and when so authorized the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, as if said obligations had been originally authorized to be issued thereunder. Upon the adoption of this amendment the issuer may proceed to comply with the provisions hereof immediately without any further action on the part of the General Assembly."
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 to the voters 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 Article VII, Section VII, Paragraph V, of the Constitution authorizing Lee County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce.
"Against ratification of amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Lee County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce."
If a majority of the electors of said county qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article VII, Section V, Paragraph V, of the Constitution of this State, and the Governor 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
Barrett of 45th Brooks
Brown Cannon
766
JOURNAL OF THE SENATE,
Carlisle Clary Crowe Culpepper Darby Drew Gearreld Greer Hays Holt Holton Home
Jernigan Kiker Land Lanier Lindsey of 53rd Livingston Mercer Mobley McGill Nixon Pannell Purcell
Redwine Roach Roper Screws Shaw Skelton Slade Smith Vaughn Watson Woodall Wright
By unanimous consent, 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.
HR 410. By Mr. McKemie of Clay:
A RESOLUTION
Proposing to the qualified voters of Clay County an Amendment to Article VII, Section VII, Paragraph V, of the Constitution of Georgia of 1945, so as to authorize Clay County to issue certain revenue anticipation obligations known as revenue bonds for the purposes therein stated.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section VII, Paragraph V, of the Constitution of the State of Georgia is hereby amended by adding at the end of Paragraph V the following:
Provided further, that revenue anticipation obligations herein called revenue bonds may be issued by Clay County herein called the issuer, to provide funds for the purchase, construction, enlargement, or either of facilities, including land, buildings, appurtenances, machinery and equipment, suitable for use by (a) any industry for manufacturing, processing, or assembling any agricultural or manufactured product or (b) any commercial enterprise in storing, warehousing, distributing or selling products of agriculture, mining and industry, or any combination thereof, and to provide funds for the construction, maintenance and operation of an electrical system in Clay County. Such facilities may be leased or sold by the issuer to such industry or commercial enterprise upon such terms as may be agreed upon, subject to the lien of the revenue bonds upon the revenue of the facilities involved. No sale shall be completed and title to the facility shall remain in the issuer until all revenue bonds outstanding secured by the revenue of such undertaking shall have been paid in full.
The revenue bonds shall be payable, as to principal and interest, only from revenue received from such undertaking, and shall
THURSDAY, FEBRUARY 18, 1960
767
not be deemed debts of, or create debts against the issuer within the meaning of this Constitution; and the issuer shall not exercise the power of taxation for the purpose of paying the principal or interest of the revenue bonds or any part thereof. Such revenue bonds, their transfer the income therefrom, the security therefor, and until the payment in full of the obligation such facilities shall at all times be exempt from taxation from within the State. Bonds may be issued bearing rate or rates of interest and maturing at the years and amounts determined by the governing body of the issuer and when so authorized the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761) as amended, Code, Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder. Upon the adoption of this amendment the issuer may proceed to comply with the provisions hereof immediately without any further action on the part of the General Assembly.
SECTION II
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 to the voters 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 Article VII, Section VII, Paragraph V, of the Constitution authorizing Clay County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce."
"Against ratification of amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Clay County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce."
If a majority of the electors of said county qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article VII, Section VII, Paragraph V, of the Constitution of this State, and the Governor 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 Barrett of 45th
Brooks Brown Cannon
Carlisle Clary Crov/e
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JOURNAL OF THE SENATE,
Culpepper Darby Drew Gearreld Greer Hays Holt Holton Home Jernigan Kiker
Land Lanier Lindsey of 53rd Livingston Mercer Mobley McGill Nixon Pannell Purcell Redwine
Roach Roper Screws Shaw Skelton Slade Smith Vaughn Watson Woodall Wright
By unanimous consent, 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.
HR 414. By Messrs. Walker and Budd of Lowndes:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to create the Valdosta-Lowndes County Industrial Authority; to provide for powers, authority, funds, purposes and procedures connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in the County of Lowndes and the City of Valdosta, to be known as the Valdosta-Lowndes County Industrial Authority and to be hereafter in this amendment referred to as the "Authority", for the purpose of expanding and developing industry and agriculture in the City of Valdosta and the County of Lowndes and for improving the general welfare of the people of said County. The Authority herein created shall be a public corporation and an instrumentality of the County of Lowndes and the City of Valdosta.
"B. The Authority shall consist of five members as follows: Two members shall be appointed by the Mayor and Council of the City of Valdosta; two members shall be appointed by the Commissioners of Roads and Revenues of Lowndes County, and a fifth member shall be appointed by the joint and concurrent action of the Mayor and Council of the City of Valdosta and the Commissioners of Roads and Revenues of Lowndes County, and the respective terms of the members shall begin as follows:
1. The first member appointed by the City of Valdosta shall be appointed for a term of one (1) year;
THURSDAY, FEBRUARY 18, 1960
769
2. The first member appointed by the Lowndes County Commissioners shall be appointed for a term of two (2) years;
3. The member appointed by the joint action of the City of Valdosta and the Lowndes County Commissioners shall be appointed for a term of three (3) years;
4. The second member appointed by the Lowndes County Commissioners shall be appointed for a term of four (4) years;
5. The second member appointed by the City of Valdosta shall be appointed for a term of five (5) years;
and thereafter upon the expiration of such terms, successors shall be appointed for a term of five years by the political body who appointed the member whose term is expiring. All members who have served on said Authority shall be eligible for re-appointment to succeed themselves if they are re-appointed by said political subdivisions. Should any member resign, or be unable to serve, or move beyond the boundary of Lowndes County, his successor sail be appointed to serve his remaining term by the political subdivision who originally appointed the member being removed."
SECTION 2
The powers of the Authority herein created shall include but shall not be limited to, the power:
"A. To contract and be contracted with, sue and be sued, implead or be impleaded, and complain and defend in all courts of law and equity, to contract with the City of Valdosta, other municipalities and other political subdivisions and with private persons and corporations;
"B. To buy, acquire, develop, improve, own, operate, maintain, sell, lease as Lessor and Lessee, and mortgage land, buildings and property of all kinds within the County of Lowndes.
"C. To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or proposing to operate any industrial plant or establishment within the County of Lowndes or at any place within Lowndes County. The provisions of this clause shall not be construed to limit any other power of the Authority.
"D. To borrow money and to issue Revenue anticipation bonds, and notes therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property, income and/or anticipated tax revenue as security therefor;
"E. To acquire in its own name by purchase on such terms and conditions, and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easement therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any
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JOURNAL OF THE SENATE,
property condemned under the Authority of this Act except from funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the authority and to the owners of the property to be condemned.
"F. To encourage and promote the expansion of industry, agriculture, trade, commerce and recreation in the City of Valdosta, County of Lowndes, and to make long range plans therefor.
"G. To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"H. To elect its own officers from the membership of said Authority and to authorize and empower such officers to act for the authority generally or any specific matter;
"I. To appoint and select officers, agents, and employees, including engineering, architectural and construction experts, fiscal agents and attorneys and fix their compensation, and to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;
"J. To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, equip and sell any project, to be located on property owned by or leased by the authority, the cost of such project to be paid in whole or in part from the proceeds of the revenue bond or certificates of the authority, or, in whole or in part, from tax revenue;
"K. To exercise all the powers, rights and privileges of and be subject to the same liabilities as a municipality under the provisions of the Revenue Bond Law (Ga. Laws 1937, p. 761; 1957, p. 36) ; with reference to the issuance of revenue anticipation bonds in so far as such pertain to the corporate purposes of the Authority;
"L. To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds, anticipated tax orother revenue, or property pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;
"M. To use the rents, profits and proceeds from the projects erected, leased or sold, or any other funds or revenue to provide maintenance for such projects, and to discharge the principal and interest of revenue bonds issued by the authority;
"N. To do all things within its powers to encourage the industrial and agricultural development of Lowndes County, and to encourage the location of new industries in said county;
"O. To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State.
"P. To do all things necessary and convenient to carry out the powers expressly given in this Act.
"Q. To receive and administer gifts, grants and donations and to administer trusts."
THURSDAY, FEBRUARY 18, 1960
771
SECTION 3
The City of Valdosta is hereby authorized to levy and collect an annual ad valorem tax not to exceed two (2) mills for developing and promoting industry and agriculture, and is hereby directed to pay the Authority all funds derived from such levy to be used for the purposes provided herein. The County of Lowndes is hereby authorized to levy and collect an annual ad valorem tax not to exceed two (2) mills for developing and promoting industry and agriculture, and is hereby directed to pay to the Authority all funds derived from such levy to be used for the purposes provided herein.
SECTION 4
The Authority shall not be allowed to create in any manner any debt, liability or operation, against the City of Valdosta, the State of Georgia, nor Lowndes County.
SECTION 5
The property, obligations and the interest on the obligations of the Authority shall have the same exemptions from taxation as the property, obligations and interest on the obligations of the City of Valdosta and Lowndes County.
The exemptions from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person to use or occupy any real estate of the Authority for a period of five years or longer under any lease or other agreement for the purposes of taxation shall be classed as an interest in the real estate and as real property and shall be taxed as real property as now provided by law, or may be taxed as the General Assembly may hereafter provide by general or local law.
SECTION 6
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 proposed 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 amendment to Constitution so as tc create the Valdosta-Lowndes County Industrial Authority and to provide for powers, authority, funds, purposes and procedures connected therewith". "Against ratification of amendment to Constitution so as to create the Valdosta-Lowndes County Industrial Authority and to provide for powers, authority, funds, purposes and procedures connected therewith."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this
772
JOURNAL OF THE SENATE,
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 same 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 Barrett of 45th Brooks Brown Cannon Carlisle Clary "
Crowe Culpepper Darby Drew Gearreld Greer
Hays Holt Holton Home Jernigan Kiker Land Lanier
Lindsey of 53rd Livingston Mercer Mobley McGill Nixon
Pannell Purcell Redwine Roach Roper Screws Shaw Skelton
Slade Smith Vaughn Watson Woodall Wright
By unanimous consent, 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.
HR 425. By Mr. Hurst of Quitman:
A RESOLUTION
Proposing to the qualified voters of Quitman County an Amendment to Article VII, Section VII, Paragraph V, of the Constitution of Georgia of 1945, so as to authorize Quitman County to issue certain revenue anticipation obligations known as revenue bonds for the purposes therein stated.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section VII, Paragraph V, of the Constitution of the State of Georgia is hereby amended by adding at the end of Paragraph V the following:
Provided further, that revenue anticipation obligations herein called revenue bonds may be issued by Quitman County herein called the issuer, to provide funds for the purchase, construction, enlargement, or
THURSDAY, FEBRUARY 18, 1960
773
either, of facilities, including land, buildings, appurtenances, machinery and equipment, suitable for use by (a) any industry for manufacturing, processing, or assembling any agricultural or manufactured product or (b) any commercial enterprise in storing, warehousing, distributing or selling products of agriculture, mining and industry, or any combination thereof. Such facilities may be leased or sold by the issuer to such industry or commercial enterprise udpon such terms as may be agreed upon, subject to the lien of the revenue bonds upon the revenue of the facilities involved. No sale shall be completed and title to the facility shall remain in the issuer until all revenue bonds outstanding secured by the revenue of such undertaking shall have been paid in full.
The revenue bonds shall be payable, as to principal and interest, only from revenue received from such undertaking, and shall not be deemed debts of, or create debts against the issuer within the meaning of this Constitution; and the issuer shall not exercise the power of taxation for the purpose of paying the pricipal or interest of the revenue bonds or any part thereof. Such revenue bonds, their transfer, the income therefrom, the security therefore, and until the payment in full of the obligation such facilities shall at all times be exempt from taxation from within the State. Bonds may be issued bearing rate or rates of interest and maturing at the years and amounts determined by the governing body of the issuer and when so authorized the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761) as amended, Code, Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder. Upon the adoption of this amendment the issuer may proceed to comply with the provisions hereof immediately without any further action on the part of the General Assembly.
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 to the voters 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 Article VII, Section VII, Paragraph V, of the Constitution authorizing Quitman County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce.
"Against ratification of amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Quitman County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce."
If a majority of the electors of said county qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article VII, Section VII, Paragraph V, of the Constitution of this State, and the Governor shall issue his proclamation thereon.
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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, 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 Barrett of 45th Brooks Brown Cannon Carlisle Clary Crowe Culpepper Darby Drew Gearreld Greer
Hays Holt Holton Horne Jernigan Kiker Land Lanier Lindsey of 53rd Livingston Mercer Mobley McGill Nixon
Pannell Purcell Redwine Roach Roper Screws Shaw Skelton Slade Smith Vaughn Watson Woodall Wright
By unanimous consent, 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.
HR 426. By Messrs. Taylor and Griffin of Decatur:
A RESOLUTION
Proposing to the qualified voters of Decatur County an amendment to Article VII, Section VII, Paragraph V, of the Constitution of Georgia of 1945, so as to authorize Decatur County to issue certain revenue anticipation obligations known as revenue bonds for the purposes therein stated.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph V, of the Constitution of the State of Georgia of 1945, is hereby amended by adding at the end of Paragraph V the following:
"Provided further, that revenue anticipation obligations herein called revenue bonds may be issued by Decatur County herein called the issuer, to provide funds for the purchase, construction, enlargement, or either of facilities, including land, building, appurtenances, machinery and equipment, suitable for use by (a) any industry for manufacturing, processing, or assembling any agricultural or manufactured product or (b) any commercial enterprise in storing, warehousing, distributing or selling products of agriculture, mining and industry, or any combination thereof. Such facilities may be leased or sold by the issuer to such industry or commercial enterprise upon
THURSDAY, FEBRUARY 18, 1960
775
such terms as may be agreed upon, subject to the lien of the revenue bonds upon the revenue of the facilities involved. No sale shall be completed and title to the facility shall remain in the issuer until all revenue bonds outstanding secured by revenue of such undertaking shall have been paid in full.
"The revenue bonds shall be payable, as to principal and interest, only from revenue received from such undertaking, and shall not be deemed debts of, or create debts against the issuer within the meaning of the Constitution; and the issuer shall not exercise the power of taxation for the purpose of paying the principal or interest of the revenue bonds or any part thereof. Such revenue bonds, their transfer, the income therefrom, the security therefor, and until the payment in full of the obligations such facilities shall at all times be exempt from taxation from within the State. Bonds may be issued bearing rate or rates of interest and maturing at the years and amounts determined by the governing body of the issuer and when so authorized the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, as if said obligations had been originally authorized to be issued thereunder. Upon the adoption of this amendment the issuer may proceed to comply with the provisions hereof immediately without any further action on the part of the General Assembly."
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 to the voters 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 Article VII, Section VII, Paragraph V, of the Constitution authorizing Decatur County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce.
"Against ratification of amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Decatur County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce."
If a majority of the electors of said county qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article VII, Section VII, Paragraph V, of the Constitution of this State, and the Governor 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:
776
JOURNAL OP THE SENATE,
Those voting in the affirmative were Senators:
Adams
Barrett of 32nd Barrett of 45th Brooks Brown Cannon Carlisle
Clary Crowe Culpepper Darby Drew Gearreld Greer
Hays
Holt Holton Home Jernigan Kiker Land
Lanier Lindsey of 53rd Livingston Mercer Mobley McGill Nixon
Pannell
Purcell Redwine Roach Roper Screws Shaw
Skelton Slade Smith Vaughn Watson Woodall Wright
By unanimous consent, 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.
HR 436. By Mr. Hale of Dade:
A RESOLUTION
Proposing to the qualified voters of Dade County an amendment to Article VII, Section VII, Paragraph V, of the Constitution of Georgia of 1945, so as to authorize Dade County to issue certain revenue anticipation obligations known as revenue bonds for the purposes therein stated.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph V, of the Constitution of the State of Georgia is hereby amended by adding at the end of Paragraph V the following:
Provided further, that revenue anticipation obligations herein called revenue bonds may be issued by Dade County, herein called the issuer, to provide funds for the purchase, construction, enlargement, or either, of facilities, including land, buildings, appurtenances, machinery and equipment, suitable for use by (a) any industry for manufacturing, processing, or assembling any agricultural or manufactured product or (b) any commercial enterprise in storing, warehousing, distributing or selling products of agriculture, mining and industry, or any combination thereof. Such facilities may be leased or sold by the issuer to such industry or commercial enterprise upon such terms as may be agreed upon, subject to the lien of the revenue bonds upon the revenue of the facilities involved. No sale shall be completed and title to the facility shall remain in the issuer until all revenue bonds outstanding secured by the revenue of such undertaking shall have been paid in full.
The revenue bonds shall be payable, as to principal and interest, only from revenue received from such undertaking, and shall not be deemed debts of, or create debts against the issuer within the meaning
THURSDAY, FEBRUARY 18, 1960
777
of this Constitution; and the issuer shall not exercise the power of taxation for the purpose of paying the principal or interest of the revenue bonds or any part thereof. Such revenue bonds, their transfer, the income therefrom, the security therefor, and until the payment in full of the obligation such facilities shall at all times be exempt from taxation from within the State. Bonds may be issued bearing rate or rates of interest and maturing at the years and amounts determined by the governing body of the issuer and when so authorized the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761) as amended, Code, Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder. Upon the adoption of this amendment the issuer may proceed to comply with the provisions hereof immediately without any further action on the part of the General Assembly.
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 to the voters 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 Article VII, Section VII, Paragraph V, of the Constitution authorizing Dade County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce.
"Against ratification of amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Dade County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce."
If a majority of the electors of said county qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article VII, Section VII, Paragraph V, of the Constitution of this State, and the Governor 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 Barrett of 45th Brooks Brown Cannon
Carlisle Clary Crc\ve Culpepper Darby Drew
Gearreld Greer Hays Holt Holton Horne
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JOURNAL OF THE SENATE,
Jernigan Kiker Land Lanier Lindsey of 53rd Livingston Mercer Mobley
McGill Nixon Pannell Purcell Redwine Roach Roper Screws
Shaw Skelton Slade Smith Vaughn Watson Woodall Wright
By unanimous consent, 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.
HR 443. By Messrs. Reed, Willingham and Holcombe of Cobb:
A RESOLUTION
To propose to the qualified voters of the State of Georgia an amendment to Article VIII, Section VII, Paragraph I of the Constitution of Georgia, relating to education, so as to provide for the creation and establishment of an independent school system, tax supported, for the City of Smyrna, a municipal corporation of Cobb County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Article 1. Article VIII, Section VII, Paragraph I of the Constitution of Georgia is hereby amended by adding to said section the following Paragraph:
"The General Assembly of Georgia is hereby authorized to create and establish an independent school system, tax supported, for the City of Smyrna, a municipal corporation, of Cobb County, and to grant unto the said independent school system such powers, privileges and immunities as are now, or hereafter may be, enjoyed by County School Systems or independent school systems, and, further, such powers, privileges and immunities as may hereafter be provided for by the General Assembly, not inconsistent with the Constitution of Georgia."
Section 2. Be it further enacted by the authority aforesaid: That whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each branch of the General Assembly and such proposed amendment entered on the journals of each branch with the "Ayes" and "Nays" taken thereon, the Governor, the Attorney General, and the Secretary of State are hereby directed to meet and determine that said proposed amendment is not general, and that only the City of Smyrna, a municipal corporation and all of Cobb County, save only the City of Marietta, a municipal corporation of said county, having an independent school system, are directly affected by such proposed amendment, and the Governor shall further cause such proposed amendment to be published in full in one newspaper of general circulation in Cobb County, and further that said proposed
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amendment shall only be submitted to the people of the City of Smyrna, and of Cobb County, (with the exception of those residing within the City of Marietta), the two political subdivisions directly affected, and the votes of the electors shall be counted separately in determining whether such proposed amendment is ratified, and such proposed amendment must be ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon in each political subdivision before the said proposed amendment shall become a part of this Constitution, all as provided by Article XIII, Section I, Paragraph I of the Constitution of Georgia.
Section 3. Be it further enacted by the authority aforesaid that the above proposed amendment shall be submitted for ratification or rejection to the qualified electors at the next General Election, at which members of the General Assembly are elected, in the following language:
"For ratification of amendment to the Constitution so as to authorize the General Assembly of Georgia to create and establish an independent school system for the City of Smyrna.
"Against ratification of amendment to the Constitution so as to authorize the General Assembly of Georgia to create and establish an independent school system for the City of Smyrna."
If a majority of the electors qualified to vote, as outlined in the preceding sections, shall vote in favor of the ratification of said proposed amendment, the said proposed amendment shall become part of the Constitution of this State. The returns of the election shall be made in like manner as returns of elections for members of the General Assembly; and it will be the duty of the Secretary of State to ascertain the results thereof and to certify the results to the Governor, who shall, if such proposed amendment be ratified, make proclamation thereof.
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 Barrett of 45th Brooks Brown Cannon Carlisle Clary
Crowe Culpepper Darby Drew Gearreld Greer
Hays
Holt Holton Horne Jernigan Kiker Land Lanier
Lindsey of 53rd Livingston Mercer Mobley McGill Nixon
Pannell
Purcell Redwine Roach Roper Screws Shaw Skelton
Slade Smith Vaughn Watson Woodall Wright
By unanimous consent, verification of the roll call was dispensed with.
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On the adoption of the resolution, the ayes were 42, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
HR 445. By Messrs. Cox and Matthews of Clarke:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Athens-Clarke County Industrial Development Authority; to provide the manner in which the name of such Authority may be changed; to provide its scope and jurisdiction to include all the territory embraced within the limits of Clarke County; to provide the purposes, duties, control, powers, organization, authority, funds and procedures of said Authority; to provide for the appointment of the members of said Authority; to provide for the issuing of revenueanticipation certificates under the provision of the Revenue Certificate Law of 1937 as amended, and for the validation of such certificates; to provide all bonds, revenue-anticipation certificates and other evidences of indebtedness of said Authority and the income paid therefrom shall be exempt from taxation; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"ATHENS-CLARKE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY.
"A. There is hereby created a body corporate and politic to be known as the Athens-Clarke County Industrial Development Authority; which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and in that name, style and title said body may contract and be contracted with, sue and be sued, plead and be interpleaded, and complain and defend in all courts of law and equity. In the event the name of said Authority shall ever become the subject of change same may be accomplished by an act of the General Assembly.
"B. The said Authority is created for the purpose of expanding and developing industry in Clarke County and for improving the general welfare of said county.
"C. The said Authority shall consist of five (5) members, one of whom shall be the Mayor of the City of Athens; one of whom shall be the Chairman of the Board of Commissioners of Roads and Revenues of Clarke County; one of whom shall be the President of the Athens Chamber of Commerce Inc.; one of whom shall be appointed by the Commissioner of Roads and Revenues of Clarke County; and one of whom shall be appointed by the Mayor and Council of the City of Athens.
(1) The terms of office of the members who are the Mayor of the City of Athens, the Chairman of the Board of Commissioners of Roads and Revenues of Clarke County, and the President of the Athens Chamber of Commerce, Inc. shall run concurrently with their tenure of office,
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781
and their successor in such respective offices shall succeed them as members of the said Authority.
(2) The member initially appointed by the Mayor and Council of the City of Athens shall be appointed for a term expiring December 31, 1961; and the member initially appointed by the Commissioners of Roads and Revenue of Clarke County shall be appointed for a term expiring December 31, 1962; and thereafter their successors shall be appointed for terms of two years. In the event of the death or resignation of one of said members, his successor shall be appointed by the appropriate appointing authority for the balance of the unexpired term.
(3) Prior to taking office the members shall subscribe to the following oath which shall be filed in the office of the Clerk of the City of Athens to-wit: "I do solemnly swear that I will fully and fairly perform the duties as a member of the Athens-Clarke County Industrial Development Authority, So Help Me God."
(4) The members of the said Authority shall be entitled to no compensation.
"D. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:
(1) The word "Authority" shall mean the "Athens-Clarke County Industrial Development Authority," created hereby.
(2) The word "Project" shall be deemed to mean and include the acquisition of lands, properties and improvements for development, expansion and promotion of industry and the construction of buildings and plants or the acquisition of equipment for the purpose of selling, leasing or renting such structures or equipment to private persons, firms or corporations.
(3) The term "cost of project" shall embrace the cost of construction, cost of lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction, architectural and legal expenses, and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and placing the same in operation; provided, however, that in no event shall entertainment or promotional expenses be considered a part of the cost of any project.
"E. Any three (3) members shall constitute a quorum for the transaction of ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than three (3) affirmative votes.
"F. The powers of the Authority herein created shall include, but not limited to, the power:
(1) To have a seal and alter the same at pleasure.
(2) To contract and be contracted with, sue and be sued, implead or be impleaded, and complain and defend in all courts of law and equity, to contract with other political subdivisions and with private persons and corporations.
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(3) To acquire, hold, and dispose of real and personal property, including the stock of other corporations for its corporate purposes.
(4) To buy, acquire, receive as gifts, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage as well as execute deeds to secure debt to and for land, buildings, and property of all kinds within the County of Clarke.
(5) To enter into contracts for periods of time not in excess of one hundred (100) years.
(6) To acquire in its own name by purchase on such terms and conditions, and in such manner as it may deem proper, real property or rights of easement therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall be in the County of Clarke and/or the Mayor and Council of the City of Athens, the governing authorities of the County of Clarke and the Mayor and Council of the City of Athens are authorized in their discretion to convey title to such lands, including any improvements thereon, to the Authority.
(7) To encourage and promote the expansion of industry in the City of Athens and in the County of Clarke, and to make a long range plan therefor.
(8) To appoint and select officers, agents, and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and to fix their compensation.
(9) To make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects, and leases, and rental and sale of projects, or contracts with respect to the use of projects, which it erects or acquires.
(10) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, sell, equip, expand add to, operate and manage projects and to pay the costs of any such project from the proceeds of revenueanticipation certificates or bonds or any other income of the Authority, or from any contribution or loans by persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use.
(11) To elect its own officers from the membership of the Authority; to elect an executive director who is not required to be a member of the Authority; and to authorize and empower such officers to act for the Authority generally or in any specific matter.
(12) To issue revenue-anticipation certificates for the purpose of paying all or any part of the cost of any project of the Authority. To exercise all of the rights, powers and privileges and be subject to the same liabilities as a municipality under the provisions of the Revenue Certificate Law of 1937 (Ga. Laws 1937, pp. 761-774), and as subsequently amended, with reference to the issuance of such revenue-anticipation certificates and validation of same insofar as such pertain to the corporate purposes of the Authority.
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783
(13) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds or property pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof.
(14) To use the rents, profits and proceeds from the projects erected; leased or sold, to provide maintenance for such projects, and to discharge the principal and interest of revenue bonds or certificates issued by the Authority.
(15) To borrow money for any of its corporate purposes and to execute debentures, bonds, notes, mortgages, deeds to secure debt, trust deeds and other such instruments as may be necessary or convenient to evidence and secure such borrowing.
(16) To do all things within its powers to encourage industrial growth development in Clarke County, and to encourage the location of new industries in said County.
(17) To exercise any power granted by the laws of the State of Georgia to public or private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State.
(18) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested.
(19) To receive and administer gifts, grants and donations and to administer trusts.
(20) To do all things necessary and convenient to carry out the powers expressly conferred by this resolution upon the Authority.
(21) To adopt, alter or repeal its own by-laws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business.
"G. It shall be the duty of the Authority to have all persons handling funds of the Authority fully and adequately bonded for their faithful accounting for such funds.
"H. The Authority shall not be allowed to create in any manner any debt, liability or operation, against the Mayor and Council of the City of Athens, the State of Georgia, nor Clarke County.
"I. The obligations and interest on the obligations of the Authority shall have the same exemptions from taxation as obligations and interests on the obligations of the Mayor and Council of the City of Athens and of Clarke County.
"J. All projects of the Authority shall be on a self-liquidating basis, and the Authority shall not make gifts, directly or indirectly, to any person, firm or corporation.
"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution, shall revert to the Mayor and Council of the City of Athens and to Clarke County subject to any mortgage, liens, leases or other encumbrances outstanding against or in respect to said property.
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"L. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent independent auditor; and the minutes and records of the same shall be filed with the Clerk of the Mayor and Council of the City of Athens and shall be available for public inspection.
"M. The rights and powers herein conferred upon the Authority are self executing and no enabling act of the General Assembly shall be necessary."
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 proposed 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 amendment to Constitution so as to create the Athens-Clarke County Industrial Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith." "Against ratification of amendment to Constitution so as to create the Athens-Clarke County Industrial Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 same 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 Barrett of 45th Brooks Brown Cannon Carlisle Clary Crowe
Culpepper Darby Drew Gearreld Greer Hays Holt Holton Home
Jernigan Kiker Land Lanier Lindsey of 53rd Livingston Mercer Mobley McGill
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785
Nixon Pannell Purcell Redwine Roach
Roper Screws Shaw Skelton Slade
Smith Vaughn Watson Woodall Wright
By unanimous consent, 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.
HR 446. By Messrs. Cox and Matthews of Clarke:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the governing authority of Clarke County may establish water, sanitation, sewerage and fire protection districts in Clarke County; may administer water, sanitation, sewerage and fire protection systems in said district; levy taxes, issue bonds and revenue bonds to operate, maintain and administer such districts and systems; provide what property shall be taxed for such purposes; to provide for the right of eminent domain; to provide a method for submission of this amendment to said voters for ratification; to provide for necessary advertising of said proposed amendment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article XI, Section I of the Constitution of the State of Georgia shall be amended so as to add to said section a new paragraph, to read as follows:
The governing authority of the County of Clarke is hereby given the authority and power to establish and administer within the bounds of the County of Clarke water, sanitation, sewerage and fire protection districts, each of which shall have such areas as may be found by said governing authority to be desirable; and may therein create, construct, maintain and operate a system, or systems, for said purposes; and provided that a district created for any system may include area of other district or districts created for the same or other systems or purposes and for said purposes shall have the power to make necessary plans and surveys; to hire necessary employees; to levy taxes or assessments on all property in said district or districts therefor; to issue bonds and revenue bonds for the construction and maintenance of said systems; to enter into contracts with private persons, firms, partnerships, public corporations, corporations and municipal corporations. Taxes may be levied therefor on all property in said district upon the vote of the majority of the qualified voters of said districts voting at a special election to be called by the ordinary of said county, and to be held in said district upon said question; provided that such taxes shall not exceed five mills upon the valuation of the property located in any such district. Bonds may be issued for such purposes and, if issued, shall be authorized in all respects as provided by Article VII, Section VII, Paragraph I of the Constitution at an election called and held by the governing authority of
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the County of Clarke; and only those voters residing in such district shall participate in such election held for that purpose. Any other provision of this Constitution to the contrary notwithstanding, the governing authority of said county may issue bonds in an amount up to ten (10%) per cent of the assessed valuation of the property located therein subject to taxation for bond purposes and any such bonds issued in and for such district shall not affect the amount of bonds Clarke County may issue under Article VII, Section VII, Paragraph I of the Constitution for other purposes. Provided further, that the homestead exemption granted by Article VII, Section I, Paragraph IV of the Constitution, and the statutes enacted pursuant thereto, shall not be granted and shall not apply to the levy of taxes herein authorized and provided for, either for the operation and maintenance of the systems or for debt service. Provided further, that for the purposes hereinabove enumerated the said County of Clarke shall have the power of eminent domain and may exercise same upon the payment of just and adequate compensation as provided by this Constitution and the laws of this State. The planning, construction and establishing of any such system or systems may be financed in whole or in part by the issuance of revenue bonds as provided in the Revenue Bond Law of this state.
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has beei 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 Constitutiof 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 water, sanitation, sewerage and fire protection systems for Clarke County and the levying of taxes and the issuance of bonds related thereto."
"Against ratification of amendment to the Constitution so as to provide for water, sanitation, sewerage and fire protection systems for Clarke County and the levying of taxes and the issuance of bonds related thereto."
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:
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787
Those voting in the affirmative were Senators:
Adams Barrett of 32nd Barrett of 45th Brooks Brown Cannon Carlisle Clary Crowe Culpepper Darby Drew Gearreld Greer
Hays Holt Holton Home Jernigan Kiker Land Lanier Lindsey of 53rd Livingston Mercer Mobley McGill Nixon
Pannell Purcell Redwine Roach Roper Screws Shaw Skelton Slade Smith Vaughn Watson Woodall Wright
By unanimous consent, 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.
HR 447. By Messrs. Bolton and Melton of Spalding:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the establishment of water districts in Spalding County outside of municipalities; to provide for the levy of taxes to defray the costs of furnishing water and to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section IV, Paragraph II of the Constitution, as amended, is hereby amended by adding at the end thereof the following:
"The governing authority of Spalding County is hereby authorized to district areas outside of municipalities in said county for the purpose of furnishing water services and is hereby given the authority to levy a tax upon the taxable property in each respective district to defray all costs of such water districts in each respective district."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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 authorize the governing authority of Spalding County to establish water districts outside the municipalities."
"Against ratification of amendment to the Constitution so as to authorize the governing authority of Spalding County to establish water districts outside the municipalities."
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 Barrett of 45th Brooks Brown Cannon Carlisle Clary Crowe Culpepper Darby Drew Gearreld Greer
Hays Holt Holton Home Jernigan Kiker Land Lanier Lindsey of 53rd Livingston Mercer Mobley McGill Nixon
Pannell Purcell Redwine Roach Roper Screws Shaw Skelton Slade Smith Vaughn Watson Woodall Wright
By unanimous consent, 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.
HR 448. By Messrs. Busbee and Odom of Dougherty:
A RESOLUTION
Proposing to the qualified voters of Dougherty County, Georgia, an amendment to Article VII, Section IV, Paragraph I (Code Section 2-5701) of the Constitution of the State of Georgia, to empower the
THURSDAY, FEBRUARY 18, 1960
789
Board of Commissioners of Roads and Revenues of Dougherty County, for regulatory and revenue purposes, to assess and collect license fees and occupational taxes against any person, firm or corporation who may engage in any type of business in Dougherty County outside of municipalities, with the right and power to classify businesses and assess different license fees and occupational taxes against different classes of businesses, and with the further power to the Board of Commissioners to exercise police powers within unincorporated areas over any businesses in the interest of the public welfare, health and security of the people of Dougherty County, and to adopt rules and regulations to effectuate the powers herein granted and to enforce the payment of the license fees and taxes, and to provide that a violation of the rules and regulations may be punishable as a misdemeanor, and further, to provide that no enabling legislation by the General Assembly shall be necessary for the exercise of the powers herein granted.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Be it resolved by the General Assembly of the State of Georgia that Article VII, Section IV, Paragraph I (Code Section 2-5701) of the Constitution of the State of Georgia be amended by adding thereto the following new paragraph, to wit:
"The Board of Commissioners of Roads and Revenues of Dougherty County, Georgia, shall have the right and power, for regulatory and revenue purposes, to levy, assess, and collect license fees and occupational taxes from any persons, firms or corporations (except those subject to regulation by the State Public Service Commission) who may maintain a place of business or who may in any manner engage in any type of business, in any area of Dougherty County outside the incorporated limits of municipalities; and in levying and assessing such license fees and occupational taxes, the Board of Commissioners shall have the right and power to classify businesses and to assess different license fees and occupational taxes against different classes of business. To provide for the public welfare, health and security of the people of Dougherty County, the Board of Commissioners of Roads and Revenues shall have the right to regulate and exercise police powers over any businesses operated within the unincorporated areas of said county (except those subject to regulation by the State Public Service Commission) and to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted, including the right to enforce payment of the license fees and occupational taxes by the issuance and levy of executions, and to provide that a violation of any such regulations adopted by the Board of Commissioners of Roads and Revenues shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia. The General Assembly of Georgia may at any time modify, alter, restrict and limit the powers herein granted, and may at any time change the manner and means by which the powers may be exercised by said Board of Commissioners. No further enabling legislation by the General Assembly of Georgia shall be necessary for the exercise of the powers herein granted."
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 branches of the General Assembly, and the same has been entered
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on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article 13, Section 1, Paragraph 1 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 Article VII, Section IV, Paragraph I of the Constitution authorizing the Board of Commissioners of Roads and Revenues of Dougherty County to assess and collect license fees and occupational taxes upon businesses in Dougherty County outside the incorporated limits of municipalities and to regulate same."
"Against ratification of amendment to Article VII, Section IV, Paragraph I of the Constitution authorizing the Board of Commissioners of Roads and Revenues of Dougherty County to assess and collect license fees and occupational taxes upon businesses in Dougherty County outside the incorporated limits of municipalities and to regulate same."
All qualified electors desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all qualified voters desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If the people shall ratify such amendment by a majority of the qualified electors voting thereon, such amendment shall become part of Article VII, Section IV, Paragraph I 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.
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 Barrett of 45th Brooks Brown Cannon Carlisle
Clary Crowe Culpepper Darby Drew Gearreld Greer
Hays Holt Holton Home Jernigan Kiker Land
Lanier Lindsey of 53rd Livingston Mercer Mobley McGill Nixon
Pannell Purcell Redwine Roach Roper Screws Shaw
Skelton Slade Smith Vaughn Watson Woodall Wright
THURSDAY, FEBRUARY 18, 1960
791
By unanimous consent, 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.
HR 449. By Messrs. Kidd and Chandler of Baldwin:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to empower the Board of Commissioners of Roads and Revenues of Baldwin County, Georgia, to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said board, and to provide penalties for violations of such ordinances; to authorize the licensing and regulation of businesses and levying of license taxes or businesses in the unincorporated area of the county; to provide for the submission of this amendment for ratification or rejection at the next general election; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article XI, Section I, Paragraph I of the Constitution of the State of Georgia of 1945 is hereby amended by adding a new paragraph, which shall read as follows:
"The General Assembly of the State of Georgia is hereby authorized :
"1. To empower the Board of Commissioners of Roads and Revenues of Baldwin County, Georgia, to adopt ordinances or regulations for the governing and policing of said county for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof, as it may deem advisable, not in conflict with the general laws of this State and of the United States, and for the implementation and enforcement of all duties and powers now or hereafter vested in said board as the governing authority of Baldwin County, Georgia, and to provide penalties for violations of such ordinances; to authorize the licensing and regulation of businesses and the levying of license taxes on all persons, firms and corporations doing business in the unincorporated area of said county, except businesses which are subject to regulation by the State Public Service Commission.
"2. In the event any phrase, clause, paragraph, or portion thereof, of this amendment shall be adjudged invalid for any reason whatsoever, such adjudication shall in no manner affect the other phrases, clauses, paragraphs or portions of this amendment, which shall remain in full force and effect, as if the phrase, clause, paragraph, or portion thereof so adjudged invalid was not originally a part hereof."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon,
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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 to provide for the adoption of ordinances for the governing and policing of Baldwin County and enforcement of county ordinances.
"Against ratification of amendment to the Constitution to provide for the adoption of ordinances for the governing and policing of Baldwin County and enforcement of county ordinances."
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 Barrett of 45th Brooks Brown Cannon Carlisle Clary Crowe Culpepper Darby Drew Gearreld Greer
Hays Holt Holton Home Jernigan Kiker Land Lanier Lindsey of 53rd Livingston Mercer Mobley McGill Nixon
Pannell Purcell Redwine Roach Roper Screws Shaw Skelton Slade Smith Vaughn Watson Woodall Wright
By unanimous consent, 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.
THURSDAY, FEBRUARY 18, 1960
793
HR 452. By Messrs. Killian and Gowen of Glynn:
A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article XI, Section I of the Constitution of the State of Georgia, so as to provide for sewage districts for the County of Glynn; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article XI, Section I of the Constitution of Georgia, relating to counties, is hereby amended by adding thereto at the end thereof a new paragraph to be properly numbered and to read as follows:
"The governing authority of the County of Glynn is hereby given the authority and power to establish and administer within the bounds of the County of Glynn sewage districts, and may therein create, construct, maintain and operate a system, or systems, for the disposal of sewage within such districts, and to levy taxes therefor on all property in said districts upon the vote of a majority of the qualified voters of said districts voting at a special election to be called by the ordinary of said county, and to be held in said district upon said question; provided, that such taxes shall not exceed five mills upon the valuation of the property located in any such district. In the event bonds are issued by the county for a specific district, a tax may be levied therein unlimited as to date or amount. Bonds may be issued for such purposes, and if issued, shall be authorized in all respects as provided by Article VII, Section VII, Paragraph I of the Constitution at an election called and held by the governing authority or body charged with the duty of managing the fiscal affairs of Glynn County, and only those voters residing in such district shall participate in such election held for that purpose. Any other provisions in this Constitution to the contrary notwithstanding, any such district may issue bonds in an amount up to ten (10%) percent of the assessed valuation of property located therein subject to taxation for bond purposes. Provided further, that the homestead exemption granted by Article VII, Section I, Paragraph IV of the Constitution, and the statutes enacted pursuant thereto, shall not be granted and shall not apply to the levy of taxes herein authorized and provided for, either for operation and maintenance of the system or for debt service."
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 houses 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 amendment to be published in one or more newspapers in each congressional district of this State and in the area to be directly affected thereby for two months previous to the time of holding the next general election, at which election members of the General Assembly are elected and the above proposed amendment shall be submitted for ratification or rejection to the electors of this State.
All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the following: "For ratification of amendment to the Constitu-
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JOURNAL OF THE SENATE,
tion so as to authorize the creation of sewage districts in Glynn County, and the levying of taxes and the issuance of bonds related thereto."
All persons opposing the adoption of said amendment shall have written or printed on their ballots the following: "Against ratification of amendment to the Constitution so as to authorize the creation of sewage districts in Glynn County, and the levying of taxes, and the issuance of bonds related thereto."
If the people shall ratify such amendment by a majority of the electors qualified to vote voting thereon in favor in both the State as a whole and in the area directly affected thereby, such amendment 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 to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.
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 Barrett of 45th Brooks Brown Cannon Carlisle
Clary Crowe Culpepper Darby Drew Gearreld Greer
Hays
Holt Holton Horne Jernigan Kiker Land
Lanier Lindsey of 53rd Livingston Mercer Mobley McGill Nixon
Pannell
Purcell Redwine Roach Roper Screws Shaw
Skelton Slade Smith Vaughn Watson Woodall Wright
By unanimous consent, 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.
HR 455. By Mr. Walker of Telfair:
A RESOLUTION
Proposing to the qualified voters of Telfair County an amendment to Article VII, Section VII, Paragraph V, of the Constitution of Georgia of 1945, so as to authorize Telfair County to issue certain revenue antici-
THURSDAY, FEBRUARY 18, 1960
795
pation obligations known as revenue bonds for the purposes therein stated.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOGIA:
Section 1. Article VII, Section VII, Paragraph V, of the Constitution of the State of Georgia is hereby amended by adding at the end of Paragraph V the following:
Provided further, that revenue anticipation obligations herein called revenue bonds may be issued by Telfair County herein called the issuer, to provide funds for the purchase, construction, enlargement, or either of facilities, including land, buildings, appurtenances, machinery and equipment, suitable for use by (a) any industry for manufacturing, processing, or assembling any agricultural or manufactured product or (b) any commercial enterprise in storing, warehousing, distributing or selling products of agriculture, mining and industry, or any combination thereof. Such facilities may be leased or sold by the issuer to such industry or commercial enterprise upon such terms as may be agreed upon, subject to the lien of the revenue bonds upon the revenue of the facilities involved. No sale shall be completed and title to the facility shall remain in the issuer until all revenue bonds outstanding secured by the revenue of such undertaking shall have been paid in full.
The revenue bonds shall be payable, as to principal and interest, only from revenue received from such undertaking, and shall not be deemed debts of, or create debts against the issuer within the meaning of this Constitution; and the issuer shall not exercise the power of taxation for the purpose of paying the principal or interest of the revenue bonds or any part thereof. Such revenue bonds, their transfer the income therefrom, the security therefor, and until the payment in full of the obligation such facilities shall at all times be exempt from taxation from within the State. Bonds may be issued bearing rate or rates of interest and maturing at the years and amounts determined by the governing body of the issuer and when so authorized the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761) as amended, Code, Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder. Upon the adoption of this amendment the issuer may proceed to comply with the provisions hereof immediately without any further action on the part of the General Assembly.
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 to the voters 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 Article VII, Section VII, Paragraph V, of the Constitution authorizing Telfair County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce."
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JOURNAL OF THE SENATE,
"Against ratification of amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Telf air County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce."
If a majority of the electors of said county qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article VII, Section VII, Paragraph V, of the Constitution of this State, and the Governor 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 Barrett of 45th Brooks Brown Cannon Carlisle Clary Crowe Culpepper Darby Drew Gearreld Greer
Hays
Holt Holton Home Jernigan Kiker Land Lanier Lindsey of 63rd Livingston Mercer Mobley McGill Nixon
Pannell
Purcell Redwine Roach Roper Screws Shaw Skelton Slade Smith Vaughn Watson Woodall Wright
By unanimous consent, 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.
HR 457. By Mr. Newton of Colquitt:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Moultrie-Colquitt County Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
THURSDAY, FEBRUARY 18, 1960
797
"A. There is hereby created a body corporate and politic, to be known as the Moultrie-Colquitt County Development Authority, which shall be an instrumentality of the City of Moultrie and the County of Colquitt and a public corporation which in this amendment shall hereafter be referred to as the 'Authority.'
"B. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of the City of Moultrie and Colquitt County and their citizens, industry, agriculture and trade therein, and making long range plans for such development and expansion and to authorize the use of public funds of the City of Moultrie and Colquitt County for such purposes, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose.
"C. The Authority shall be composed of eleven members, four of whom shall be appointed by the governing authority of the City of Moultrie, four of whom shall be appointed by the governing authority of the County of Colquitt, and the remaining three members shall be appointed by the other eight members. The governing authority of the city and the county respectively shall in the first appointments appoint two of such members for terms of two years, and to such members for terms of one year. Thereafter, all members appointed by the two governing authorities shall be for two year terms. The remaining three members shall always be appointed for one year terms. The first members shall be appointed prior to January 1, 1961, and they shall take office on that date. After the first appointments of the three remaining members, they shall always be appointed by January 15 of each year after the new members appointed by the governing authorities have taken office on the first day of January. All members shall hold office until their successors are appointed. Members shall be eligible to succeed themselves in office. Vacancies shall be filled by the appointing authority. A majority of the members shall constitute a quorum and may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.
"D. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of the City of Moultrie and Colquitt County.
"E. The powers of the Authority shall include but not be limited to, the power:
"(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of the City of Moultrie and Colquitt County;
"(2) To receive and administer gifts, grants and donations and to administer trusts;
"(3) To grant, loan and lease any of its funds and property to private persons and corporations promising to operate any industrial plant or establishment within the City of Moultrie and Colquitt County which in the judgment of the Authority will be of benefit to the people of said city and county. The provisions of this clause shall not be construed to limit any other powers of the Authority;
"(4) To borrow money and to issue notes, bonds and revenue certifi-
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JOURNAL OF THE SENATE,
cates therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
"(5) To contract with the City of Moultrie and Colquitt County and other political subdivisions and with private persons and corporations and to sue and be sued in its corporate name;
"(6) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;
"(7) To encourage and promote the expansion of industry, agriculture, trade and commerce in the City of Moultrie and Colquitt County, and to make long range plans therefor;
"(8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(9) To designate officers to sign and act for the Authority generally or in any specific matter;
"(10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
"F. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or the City of Moultrie or Colquitt County.
"G. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority.
"H. The members of the Authority shall receive no compensation for their services to the Authority.
"I. The Authority is hereby authorized to issue Revenue Bonds to carry out the purposes of this amendment. Revenue Bonds, thus issued, shall be paid from the income of the Authority.
"J. The governing authority of the City of Moultrie is authorized to levy a tax not exceeding one mill per dollar of assessed valuation for the purposes of the Authority. The governing authority of the County of Colquitt is authorized to levy a tax not exceeding one mill per dollar of assessed valuation for the purposes of the Authority.
"K. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.
THURSDAY, FEBRUARY 18, 1960
799
"L. This amendment shall be effective immediately upon its ratification.
"M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the City of Moultrie and Colquitt County, and the scope of its operation shall be limited to the territory embraced therein. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits.
"N. There shall be no limitations upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of the City of Moultrie, Colquitt County or the State of Georgia."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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 create the Moultrie-Colquitt County Development Authority.
"Against ratification of amendment to the Constitution so as to create the Moultrie-Colquitt County Development Authority."
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 Barrett of 45th Brooks Brown Cannon
Carlisle Clary Crowe Culpepper Darby Drew
Gearreld Greer Hays Holt Holton Horne
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JOURNAL OF THE SENATE,
Jernigan Kiker Land Lanier Lindsey of 53rd Livingston Mercer Mobley
McGill Nixon Pannell Purcell Redwine Roach Roper Screws
Shaw Skelton Slade Smith Vaughn Watson Woodall Wright
By unanimous consent, 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.
HR 459. By Messrs. McClelland, Brooks, M. Smith of Fulton and Mackay, Rutland, and McWhorter of DeKalb:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section VII, Paragraph I of the Constitution of Georgia of 1945.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA AS FOLLOWS:
Section 1. Article VII, Section VII, Paragraph I of the Constitution of Georgia of 1945 is hereby amended, effective with the approval of this amendment by the necessary vote of the people, by adding the following:
"The provisions of the amendment to this Constitution appearing in Georgia Laws, 1951, at pages 881-884, shall apply only to past annexations. In the future, at such time as any property within the Fulton County School District is annexed to the City of Atlanta, liabilities of said district shall be assumed by said city as follows:
"(1) Said city shall assume that proportion of the bonded indebtedness of said district outstanding at such time, which the value of property in the annexed area subject to taxation for the payment of such indebtedness at such time, bears to the total value of such property in said district at such time; provided however, that the determination of such proportion shall be made without inclusion of any area theretofore annexed or any bonded indebtedness theretofore assumed by said city.
"(2) Said city shall also assume any rental contracts or other obligations owing at such time by said district in consideration of the right of future ownership or possession or use of school property in the annexed area.
"While any of the foregoing liabilities thus assumed are outstanding, the amounts required to meet same during any year shall be paid by said city to the Board of Education of said district on or before December 31 of the previous year; and said city shall determine annually in advance the amounts thus required to be paid, and
THURSDAY, FEBRUARY 18, 1960
801
shall include same in its budget, and necessary taxes levied and collected throughout the entire area of said city as extended shall include taxes for the purpose of paying same. So long as said city shall promptly pay such amounts, no taxes shall be levied or collected on behalf of said district to pay same, as would otherwise be required by Article VII, Section VII, Paragraph II of this Constitution.
"No liability assumed by said city in connection with any such annexation shall be considered as a debt of said district for the purpose of determining the maximum debt which this article permits said district to incur.
"If at the time of any such annexation said district is in possession of any funds which the Board of Education of said district has specifically allocated for construction of school buildings in the annexed area, such Board of Education shall expend such funds upon such construction even after such annexation, and when such funds have been expended shall surrender possession of such buildings to said city.
"Nothing herein shall be construed as affecting the rights of any holder of bonds of said district."
Section 2. Be it further enacted that when this amendment shall have been agreed to by the requisite two-thirds of the members of each house of the General Assembly, with the "ayes" and "nays" entered thereon, it shall be published as required by law and submitted to the qualified voters of the political sub-divisions affected for ratification or rejection at the next general election at which constitutional amendments may be voted on. All persons voting at said election shall have written or printed on their ballots the words, "For ratification of the amendment to Article VII, Section VII, Paragraph I of the Constitution of 1945, providing for the assumption of certain Fulton County School District obligations by the City of Atlanta in the event of future extensions of its corporate limits," and the words, "Against ratification of the amendment of Article VII, Section VII, Paragraph I of the Constitution of Georgia of 1945, providing for the assumption of certain Fulton County School District obligations by the City of Atlanta in the event of future extensions of its corporate limits." Returns shall be made and results declared as required by law. If said amendment be adopted as required by law, it shall become a part of Article VII, Section VII, Paragraph I of the Constitution of Georgia of 1945.
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 Barrett of 45th Brooks Brown
Cannon Carlisle Clary Crowe Culpepper
Darby Drew Gearreld Greer Hays
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JOURNAL OF THE SENATE,
Holt Holton Home Jernigan Kiker Land Lanier Lindsey of 53rd Livingston
Mercer Mobley McGill Nixon Pannell Purcell Redwine Roach Roper
Screws Shaw Skelton Slade Smith Vaughn Watson Woodall Wright
By unanimous consent, 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.
Senator Ramsey of the 1st, 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 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 of Representatives:
SR 130.
SR 133.
SR 134.
Respectfully submitted,
Ramsey of 1st District,
Chairman.
HB 598. By Messrs. Kidd and Chandler of Baldwin, Scoggin of Floyd, Alien of Bulloch and others:
A bill to provide for the observation, diagnosis, care and treatment of mentally ill persons and their hospitalization, upon court order; and for other purposes.
The Committee on Health and Welfare offered the following amendment:
Amend HB 598 by striking the words "and one attorney who" in section 6, subsection (d) line two and inserting in lieu thereof the following words, to-wit:
"who with the county attorney, or an attorney appointed by the county attorney"
so that said sentence when so amended shall read as follows:
"(d) The Court of Ordinary shall appoint an examining committee of two physicians who with the County Attorney, or an attorney appointed by the County Attorney shall be sworn to examine the
THURSDAY, FEBRUARY 18, 1960
803
allegedly mentally ill person according to the best of their ability and report to the court their finding as to the mental condition of said person and as to his need for hospitalization."
On the adoption of the amendment, the ayes were 41, nays 0, and the amendment was adopted.
Senator Pannell of the 43rd offered the following amendment:
Amend HB 598 by adding after the comma in line 8 of subsection (i) of section 6 of page 9 following the words for all future costs and damages, the words "or making pauper affidavit that he or she is unable to pay costs or furnish bond due to financial condition,"
On the adoption of the amendment, the ayes were 44, nays 0, and the amendment was adopted.
Senator Sanders of the 18th offered the following amendment: Amend HB 598 by striking subsection (b) of section 5 in its entirety. By striking subsection (h) of section 6 in its entirety. By redesignating subsection (i) of section 6 as subsection (h). By redesignating subsection (j) of section 6 as subsection (i). By striking from subsection (a) of section 8 the following: "or 6 (h)"
By striking from subsection (b) of section 8 the following:
"or 6 (h)"
By adding a new subsection to section 12 to be known as subsection (c), to read as follows:
"(c) Prior to such discharge, upon recommendation of the person having custody of the furloughed patient, the sheriff of the county in which such patient is located shall have the authority to take such patient into custody and return such patient to the psychiatric hospital from which such patient is furloughed without any order of any court. The cost of such transportation shall be paid by the county."
By striking from subsection (b) of section 13 the following: "6 (j)"
and inserting in lieu thereof the following: "6 (i)"
On the adoption of the amendment, the ayes were 42, nays 0, and the amendment was adopted.
Senator Carlisle of the 5Ist offered the following amendment: Amend HB 598 by striking paragraph (7) of Section 1 in its entirety
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JOURNAL OF THE SENATE,
and substituting in lieu thereof a new paragraph (7) which shall read as follows:
"(7) 'Psychiatrist' shall mean any person who is licensed to practice medicine in this State under the provisions of the Medical Practice Act of Georgia (Code Chapter 84-9), and who is certified by the Georgia State Board of Medical Examiners as eligible to practice psychiatry."
By adding to Section 25 of said Bill, as provisions of law which are expressly retained, the following:
"Georgia Code Section 35-225, which reads as follows: '35-225. (1958) Hospital to be divided into apartments. The Board of Control shall see that proper and distinct apartments are arranged for said patients, so that in no case shall Negroes and white persons be together, nor the penitentiary convicts with inmates of any other class; and males and female shall be kept separate."
By further amending Section 25 of said bill, by adding as provisions of law which are expressly retained, the following:
"Georgia Code Section 49-604, as amended, and Georgia Code Section 49-605, as amended."
By striking from Section 26 of said bill that portion which reads as follows:
"That part of Georgia Laws 1953, Nov. Sess., Page 308 and 309, codified as Georgia Code Section 35-246, and which provides for periodic examinations of inmates of Milledgeville State Hospital to determine return to sanity and to discharge or release those who have returned to sanity;"
So that as amended said bill will not repeal the Georgia Law codified as Georgia Code Section 35-246.
By striking from Section 1, paragraph 1 defining "mentally ill person" and by substituting in lieu thereof, the following:
"Section 1, paragraph 1. A mentally ill person is a person who is insane".
On the adoption of the amendment, the ayes were 43, 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 42, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
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.
FRIDAY, FEBRUARY 19, 1960
805
Senate Chamber, Atlanta, Georgia, Friday, February 19, 1960.
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. Hubert A. White, pastor Stockbridge Methodist Church, Stockbridge, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Cannon of the 40th 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 Culpepper of the 7th asked unanimous consent that the following be established as the order of business for today:
1. Second reading of bills and resolutions. 2. Reports of standing committees. 3. Third reading and passage of local uncontested bills and resolutions. 4. 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 agreed to the Senate substitutes to the following bills of the House to-wit:
HB 807. By Mr. Thornton of Bibb:
A bill to amend an act pertaining to insanity after criminal conviction when there are reasonable grounds, the Governor may cause examination and sanity tried by jury; and for other purposes.
HB 532. By Messrs. Ray of Warren and Twitty of Mitchell:
A bill to amend the Code of Georgia, relating to the imposition, assessment and collection of taxes; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House to-wit:
HB 1005. By Messrs. Blalock of Clayton and Ray of Warren:
A bill to amend an act, relating to the inspection, sale, etc., of gasoline, kerosene and other petroleum products; and for other purposes.
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JOURNAL OF THE SENATE,
HB 912. By Mr. Barber of Jackson:
A bill to authorize the Board of Regents of University System of Georgia to procure liability insurance for the operation of nuclear facilities at any school under control of the Board; and for other purposes.
HB 1132. By Messrs. Walker of Lowndes and Budd of Lowndes:
A bill to amend the charter of the City of Valdosta, to alter, relocate and redefine the corporate limits of said City; and for other purposes.
HB 742. By Messrs. Steis of Harris and McKenna of Bibb:
A bill to amend an act known as the Georgia Securities Act, so as to redefine the term "Salesman"; and for other purposes.
HB 944. By Mr. Musgrove of Clinch:
A bill to repeal an act creating the Georgia Industrial Development Administration; and for other purposes.
HB 627. By Messrs. McKenna and Phillips of Bibb:
A bill to provide a method of retraction of libelous statements made by newspapers which shall relieve such newspapers from punitive damages; 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 a certain population, to provide for assistants to SolicitorGeneral of Stone Mountain Circuit; and for other purposes.
HB 908. By Messrs. Phillips, McKenna and Thornton of Bibb:
A bill to amend an act relating to the Macon Hospital Commission, by increasing the membership; and for other purposes.
The House has adopted the following resolutions of the House and Senate, to-wit:
HR 530. By Messrs. McKenna and Thornton of Bibb, and others:
A resolution congratulating Mrs. J. Taylor Phillips of Bibb County; and for other purposes.
SR 118. By Senators Clary of 29th, McGill of 50th and Pannell of 43rd:
A resolution to designate the Tom Watson Bridge; and for other purposes.
SR 127. By Senator Watson of 36th:
A resolution to designate the David Knott Bridge; and for other purposes.
FRIDAY, FEBRUARY 19, 1960
807
SR 130. By Senators Perry of 24th, Clary of 29th, and others:
A resolution expressing appreciation to Honorable Glenn Phillips; and for other purposes.
SR 133. By Senators Doster of 48th and Greer of 6th:
A resolution relating to fund raising activities by school students; and for other purposes.
SR 134. By Senators Perry of 24th, Sanders of 18th, and others:
A resolution creating a committee to study legislation relative to Traffic Safety, to compare laws of other states with those of Georgia; to provide for continuing study of the ever increasing causes of death on the highways 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 passed by the requisite constitutional majority the following bills and resolutions of the Senate to wit:
SB 182. By Senator Clary of the 29th, Adams of the 22nd, Watson of the 36th:
A bill to amend an act establishing the State Employee's Retirement System approved, so as to provide for further exclusions from provisions relating to creditable service for service in Armed Forces; and for other purposes.
SB 201. By Senator Dykes of the 2nd:
A bill to amend an act, relating to the regulation of trust companies and the duties and powers of the Supt. of Banks; and for other purposes.
SB 219. By Senator Greer of the 6th:
A bill to provide that the Georgia Public Service Commission shall have the police powers and authority to delegate to employees and assistants the authority to enforce the "Motor Carrier Act of 1931"; and for other purposes.
SB 233. By Senators Redwine of the 26th, Jernigan of the 5th and Cannon of the 40th:
A bill to amend an act providing a complete and comprehensive Vital Statistics Law for Georgia; and for other purposes.
SB 234. By Senator Lanier of the 20th:
A bill to amend an act creating the City charter of Sandersville; and for other purposes.
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JOURNAL OF THE SENATE,
SR 93. By Senator Clary of the 29th:
A resolution to authorize the Governor and the Commissioner of Agriculture in behalf of the interests of the State of Georgia to convey certain lands in McDuffie County, Georgia to the City of Thomson.
SR 103. By Senator Culpepper of the 7th and Sanders of the 18th:
A resolution proposing an amendment to the Constitution so as to establish and clarify provisions for the payment of contract obligations; and for other purposes.
SR 109. By Senator Carlisle of the 51st:
A resolution proposing an amendment to the Constitution, so as to empower the governing authority of Bibb County to pay, and to levy an ad valorem tax therefor; and for other purposes.
SR 114. By Senator Buff of the 44th:
A resolution proposing an amendment to the Constitution so as to repeal an amendment providing for a Board of Tax Administrators for Catoosa County; and for other purposes.
SR 123. By Senator Perry of the 24th:
A resolution proposing to the qualified voters of Marion County an amendment so as to authorize Marion County to issue certain revenue anticipation obligations known as revenue bonds for the purpose therein stated.
SR 124. By Senator Brooks of the 23rd:
A resolution proposing to the qualified voters of Taylor County an amendment to authorize Taylor County to issue certain revenue anticipation obligations known as revenue bonds for the purpose therein stated.
SR 125. By Senator Doster of the 48th:
A resolution proposing to the qualified voters of Wilcox County an amendment so as to authorize Wilcox County to issue certain revenue anticipation obligations known as revenue bonds for the purpose therein stated.
SR 126. By Senator Home of the 13th: A resolution proposing to the qualified voters of Macon County an amendment so as to authorize Macon County to issue certain revenue anticipation obligations known as revenue bonds for the purpose therein stated.
The following bill was read the second time:
SB 237. By Senator Mercer of the 49th: A bill to amend an act to establish a retirement system for teachers
FRIDAY, FEBRUARY 19, 1960
809
in the State public schools and other state supported school; and for other purposes.
Mr. 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 bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 980. Do Not Pass.
Respectfully submitted,
Brown of 52nd District, Chairman.
Mr. 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 House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
HR 441. Do Pass.
HR 475. Do Pass.
HB 741. Do Pass.
HB 692. Do Pass.
Respectfully submitted,
Vaughn of 34th District, Secretary.
Mr. Doster of the 48th District, Chairman of the Committee on Agriculture and Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources has had under consideration the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 490. Do Pass.
Respectfully submitted,
Doster of 48th District, Chairman.
Mr. Culpepper of the 7th District, Chairman of the Committee on Government Operations, submitted the following report:
Mr. President:
Your Committee on Government Operations has had under consideration the
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JOURNAL OF THE SENATE,
following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 237. Do Pass. Respectfully submitted, Culpepper of 7th District, Chairman.
Mr. 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 has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 1043. Do Pass.
HB 1080. Do Pass.
Respectfully submitted,
Brown of 52nd District,
Chairman.
Mr. Carlisle of the 51st District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. President:
Your Committee on Appropriations 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 111. Do Not Pass.
Respectfully submitted,
Carlisle of 51st District,
Chairman.
Mr. 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 600. Do Pass.
HB 803. Do Pass.
Respectfully submitted,
Holt of 54th District,
Chairman.
FRIDAY, FEBRUARY 19, 1960
811
Mr. Carlisle of the 51st District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the following resolutions of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HR 102. Do Pass.
HR 380. Do Pass.
HR 430. Do Pass.
HR 501. Do Pass.
Respectfully submitted, Carlisle of 51st District,
Chairman.
Mr. 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 bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 776. Do Pass.
Respectfully submitted,
Greer of 6th District,
Chairman.
The following local uncontested bills were read the third time and put upon their passage:
HR 419. By Messrs. Fuqua, Fleming and Edwards of Richmond:
A resolution authorizing the conveyance of certain lands located in Richmond County.
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 32, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 664. By Messrs. McClelland, Brooks and Smith of Fulton:
A bill to amend an act to extend exemptions and immunities accorded to amounts paid by the Teachers' Retirement System to amounts paid by such system to local school retirement systems; 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 758. By Mr. Bynum of Rabun:
A bill to provide that counties of 7,370 nor more than 7,470, 1950 Federal census; relating to violations of traffic laws of the State of Georgia in said counties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 999. By Messrs. Brooks and McClelland of Fulton:
A bill to create an authority having corporate powers for establishing parks, public parking areas, buildings and facilities in Atlanta; and for other purposes.
The report 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 1043. By Messrs. Winkle and Smith of Whitfield:
A bill to amend an act relating to the charter of the City of Dalton and land lots in the 12th District, and 3rd Section of Whitfield County; and for other purposes.
FRIDAY, FEBRUARY 19, 1960
813
The report 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 1053. By Mr. Love of Catoosa:
A bill to amend an act creating the office of Commissioner of Roads and Revenues for Catoosa County, to eliminate the provision for paying travelling expenses 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1080. By Messrs. McKenna, Thornton and Phillips of Bibb:
A bill to incorporate a new political body corporate under the name of Macon Bibb 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.
The bill, having received the requisite constitutional majority, was passed.
HB 1121. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A bill to amend the charter of the City of Lithonia, relating to streets, alleys, sidewalks, crossings, parks and squares; and for other purposes.
The Committee on County and Municipal Governments offered the following substitute:
AN ACT
To amend the charter of the City of Lithonia, and the several acts amendatory thereof by providing for the opening, closing, laying out, widening, straightening, transferring title to, or otherwise changing the streets, alleys, roads, sidewalks, crossings, parks and squares, or other passage ways of said city, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, and it is hereby enacted by the authority of the same, that the Act approved August 4, 1913, and incorporated in the Acts of 1913, pages 928 to 959, inclusive, and the several Acts amendatory thereof, be and the same is hereby amended, by striking from said Act Section 34 thereof, and inserting in lieu thereof the following section to be known as "Section 34" of said Act:
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"Section 34. Be it further enacted that the Mayor and Council of said city shall have full, complete and exclusive control of the streets, alleys, roads, parks, squares, sidewalks, crossings and other passage ways, and shall have full power and authority in their discretion, and they are hereby granted such authority, to plan or replan, grade, fill, curb, pave, drain, improve and repair the same; to close up, vacate and abolish any street, alley, road, park, square, sidewalk, crossing, or other passage way, or any part of the same, provided, however, that said city shall be liable for damages to any property right of any person occasioned by the exercise of the powers herein granted for the closing, vacating or abolishment of the same; to sell, assign, transfer, or convey any part or all of the right, title, and interest of the municipality in any streets, roads, alleys, parks, square, sidewalks, crossings, or other passage ways in said city which have been legally closed up and abolished under the provisions of this act; and shall have power and authority to condemn property for the purpose of laying out and opening streets, alleys, roads, parks, squares, sidewalks, crossings or other passage ways, and for widening, straightening and grading, or in any way changing the same; and when said Mayor and Council desire to exercise the power and authority of condemnation, herein granted, it may be done whether the land to be condemned is in the hands of an owner, trustee, executor, administrator, guardian or agent. The Mayor and Council may abandon or discontinue such proceedings at any time, upon payment of some sum agreed upon. The Mayor and Council shall have the power and authority to remove or cause to be removed, any buildings, steps, fence, tree, gate, post or other obstruction or nuisance in the streets, roads, alleys, lanes, sidewalks, parks, squares, crossings or other passage ways or places in said city and enforce the provisions of this section by appropriate ordinances."
SECTION 2
Be it further enacted that evidence of advertising as required by the Constitution of the State of Georgia is hereto attached and made a part hereof.
SECTION 3
Be it further enacted that all laws or parts of laws in conflict herewith be, and the same are hereby, repealed.
On the adoption of the substitute, the ayes were 32, nays 0, and the substitute was adopted.
Senator Vaughn of the 34th offered the following amendment to the substitute for HB 1121.
Senator Vaughn of the 34th moves to amend Senate substitute for HB 1121 by deleting the words "parks and squares" from the caption and the words "parks, squares" at all places they appear in the body of the bill.
On the adoption of the amendment to the substitute, the ayes were 32, nays 0, and the amendment to the substitute was adopted.
FRIDAY, FEBRUARY 19, 1960
815
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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
HB 1097. By Mr. McClelland of Fulton:
A bill to amend an act establishing a new charter for the city of Atlanta relating to annexation of territory 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1122. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act providing for salary of the Judges of Superior Court of the Stone Mountain 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1141. By Mr. Jessup of Bleckley:
A bill to amend an act creating the City of Cochran as a municipal 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1143. 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 city limits; 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1144. By Mr. Smith of Emanuel:
A bill to amend an act creating the office of Tax Commissioner of Emanuel County, to provide for additional clerical assistance for the Tax Commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1145. By Messrs. Brooks, McClelland and Smith of Fulton:
A bill to provide for the Retirement of Judges and Solicitors-General of Fulton County, to fix time within which such Judges and officers may qualify for participation in said Fund; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1146. By Mr. Lott of Berrien:
A bill to amend an act establishing a new charter for the City of Nashville; and for other purposes.
The report 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 1147. By Mr. Brooks of Fulton:
A bill to amend an act to create a Joint City-County Board of Tax Assessors 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 32, nays 0. The bill, having received the requisite constitutional majority, was passed.
FRIDAY, FEBRUARY 19, 1960
817
HB 1148. By Messrs. Story and Morgan of Gwinnett:
A bill to amend an act providing a procedure for the control of the fiscal affairs 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1152. By Mr. Carr of Dooly: A bill creating a new charter for 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1153. By Mr. Carr of Dooly: A bill creating a new charter for the City of Unadilla; and for other purposes.
The report 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 1154. By Messrs. Payton and Blalock of Coweta: A bill to repeal an act creating a new charter for the City of Newnan, authorizing the city to pass zoning and planning 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1155. By Mr. Massee of Pulaski:
A bill to repeal an act abolishing the office of Treasurer of Pulaski County to provide the Commissioner of Roads and Revenues shall per-
818
JOURNAL OF THE SENATE,
form the duties of Treasurer 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1156. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A bill to amend an act establishing a new charter for the City of Decatur, to increase terms of office of commissioners from two to four years; and for other purposes.
The report 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 1158. By Messrs. Fleming, Fuqua and Edwards of Richmond:
A bill to amend an act relating to the charter of the City of Augusta; and for other purposes.
The report 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 1161. By Mr. Walker of Lowndes: A bill to amend the charter of the City of Valdosta, so as to alter, relocate 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1160. By Mr. Smith of Emanuel: A bill creating a Board of Commissioners of Roads and Revenues for Emanuel County, to provide four year terms; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
FRIDAY, FEBRUARY 19, 1960
819
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1162. By Mr. Souter of Macon:
A bill to amend an act incorporating the Town of Oglethorpe, in the County of Macon, relating to 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1164. By Messrs. Griffin and Taylor of Decatur:
A bill to amend an act incorporating the City of Bainbridge, relating to city 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 441. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A resolution authorizing the Governor to provide funds for preliminary plans for a port at Columbus, 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 30, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 479. By Messrs. Bradley and Keever of Bartow:
A resolution declaring certain property of the State surplus and authorizing its conveyance to the City of Kingston; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HR 479 by striking therefrom the quoted description of property involved therein and substituting in lieu thereof a new description which shall read as follows:
"Beginning at a point, said point being the northwest corner of Chestnut Street and Main Street; thence westerly along the
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JOURNAL, OF THE SENATE,
north side of Main Street (formerly known as Front Street) for a distance of 278 feet; thence northerly along the east side of Park Street for a distance of 132.4 feet to the right of way line of the Western and Atlantic Railroad; thence easterly along this right of way line for a distance 278 feet to the westerly line of Chestnut Street; thence southerly along the westerly line of Chest-
nut Street 132.4 feet to the point of beginning."
On the adoption of the amendment, the ayes were 28, 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 32, nays 0.
The resolution, having received the requisite constitutional majority was adopted as amended.
Senator Culpepper of the 7th moved that the Senate resolve itself into executive session for the purpose of considering a message from His Excellency, the Governor.
The motion prevailed and the Senate resolved itself into executive session.
The following message was transmitted to His Excellency, the Governor, through George D. Stewart, secretary of the Senate:
February 19, 1960
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 Tom Steele of Henry County, as a Member of the Agricultural Development Authority, for a term beginning September 30, 1959, and ending July 1, 1963. The vote on this confirmation was ayes 51, nays 0.
Honorable Alien Pannell of McDuffie County, as a Member of the Agricultural Development Authority, for a term beginning September 30, 1959, and ending July 1, 1961. The vote on this confirmation was ayes 51, nays 0.
Honorable Walter F. Kiley of Chatham County, as a Member of the Georgia State Board for Examination, Qualification and Registration of Architects, for a term beginning September 11, 1959, and ending March 5, 1964. The vote on this confirmation was ayes 51, nays 0.
Honorable Edward S. Shorter of Muscogee County, as a Member of the Georgia Art Commission, for a term beginning October 6, 1959, and ending March 9, 1961. The vote on this confirmation was ayes 51, nays 0.
FRIDAY, FEBRUARY 19, 1960
821
Honorable Lamar Dodd of Clarke County, as a Member of the Georgia Art Commission, for a term beginning October 6, 1959, and ending March 9, 1961. The vote on this confirmation was ayes 51, nays 0.
Honorable Carlos Greenway of Bacon County, as a Member of the Georgia Art Commission, for a term beginning October 28, 1959, and ending March 9, 1963. The vote on this confirmation was ayes 51, nays 0.
Dr. J. T. Holt of Appling County, as a Member of the Atlantic States Marine Fisheries Commission, for a term beginning May 18, 1959, and ending May 18, 1962. The vote on this confirmation was ayes 51, nays 0.
Honorable Henry Tichenor of Walton County, as a Member of the Board of Managers of the State Factory for the Blind, for a term beginning October 23, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable Robert T. Davis of Muscogee County, as a Member of the Board of Managers of the State Factory for the Blind, for a term beginning October 23, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable Houston Jewell of Walker County, as a Member of the Board of Managers of the State Factory for the Blind, for a term beginning October 23, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable Frank Gross of Stephens County, as a Member of the Board of Managers of the State Factory for the Blind, for a term beginning October 23, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Dr. J. T. Holt of Appling County, as a Member of the Board of Managers of the State Factory for the Blind, for a term beginning October 23, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable Walter McDonald of Richmond County, as a Member of the Board of Managers of the State Factory for the Blind, for a term beginning October 23, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable John J. McLanahan of Elbert County, as a Member of the State Toll Bridge Authority, for a term beginning August 20, 1959, and ending July 1, 1965. The vote on this confirmation was ayes 51, nays 0.
Dr. Hoyt B. Duke of Richmond County, as a Member of the State Board of Chiropractic Examiners, for a term beginning September 9, 1959, and ending September 8, 1962. The vote on this confirmation was ayes 51, nays 0.
Dr. D. M. Livingston of Polk County, as a Member of the State Board of Chiropractic Examiners, for a term beginning August 21, 1959, and ending August 20, 1962. The vote on this confirmation was ayes 51, nays 0.
Honorable George I. Martin of Tift County, as State Educational Officer for the State Board of Chiropractic Examiners for a term beginning October 23, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
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JOURNAL OF THE SENATE,
Dr. E. Wayne Satterfield of Clarke County, as a Member of the Board of Dental Examiners of Georgia, for a term beginning May 28, 1959, and ending March 15, 1964. The vote on this confirmation was ayes 51, nays 0.
Dr. Toof A. Boone, Sr. of Bibb County, as a Member of the Board of Dental Examiners of Georgia, for a term beginning September 11, 1959, and ending March 15, 1964. The vote on this confirmation was ayes 51, nays 0.
Honorable John J. McDonough of Fulton County, as a Member of the State Board of Education, for a term beginning January 12, 1960, and ending January 1, 1962. The vote on this confirmation was ayes 51, nays 0.
Honorable Robert B. Wright, Jr. of Colquitt County, as a Member of the State Board of Education, for a term beginning January 12, 1960, and ending January 1, 1962. The vote on this confirmation was ayes 51, nays 0.
Dr. 0. C. Aderhold of Clarke County, as a Member of the Board of Control for Southern Regional Education, for a term beginning October 23, 1959, and ending June 30, 1963. The vote on this confirmation was ayes 51, nays 0.
Dr. Allyn M. Herrick of Clarke County, as a Member of the State Board of Registration of Foresters, for a term beginning September 30, 1959, and ending March 19, 1964. The vote on this confirmation was ayes 51, nays 0.
Honorable Alexander Sessoms of Clinch County, as a Member of the State Forestry Commission, for a term beginning April 27, 1959, and ending January 1, 1961. The vote on this confirmation was ayes 51, nays 0.
Honorable Andrew J. Aultman of Worth County, as a Member of the State Forestry Commission, for a term beginning June 10, 1959, and ending February 28, 1962. The vote on this confirmation was ayes 51, nays 0.
Honorable James C. Owen of Spalding County, as a Member of the State Game and Fish Commission, for a term beginning May 11, 1959, and ending January 1, 1964. The vote on this confirmation was ayes 51, nays 0.
Honorable Charles L. Davidson, Jr. of DeKalb County, as a Member of the State Game and Fish Commission, for a term beginning September 29, 1959, and ending January 1, 1964. The vote on this confirmation was ayes 51, nays 0.
Honorable James B. Langford of Gordon County, as a Member of the State Game and Fish Commission, for a term beginning September 11, 1959, and ending January 1, 1961. The vote on this confirmation was ayes 51, nays 0.
Honorable William E. Smith of Sumter County, as a Member of the State Game and Fish Commission, for a term beginning April 21, 1959, and ending January 1, 1963. The vote on this confirmation was ayes 51, nays 0.
Honorable Roy V. Harris of Richmond County, as a Member of the Governor's Commission on Constitutional Government, for a term beginning October 7, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable Frank S. Twitty of Mitchell County, as a Member of the Governor's Commission on Constitutional Government, for a term beginning October 7, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable J. Battle Hall of Floyd County, as a Member of the Governor's Commission on Constitutional Government, for a term beginning October 7,
FRIDAY, FEBRUARY 19, 1960
823
1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable Charles J. Bloch of Bibb County, as a Member of the Governor's Commission on Constitutional Government, for a term beginning October 7, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable Carter Pittman of Whitfield County, as a Member of the Governor's Commission on Constitutional Government, for a term beginning October 7, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable Griffin Bell of Fulton County, as a Member of the Governor's Commission on Constitutional Government, for a term beginning October 7, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable Alexander A. Lawrence of Chatham County, as a Member of the Governor's Commission on Constitutional Government, for a term beginning October 7, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable H. Holcombe Perry, Jr. of Dougherty County, as a Member of the Governor's Commission on Constitutional Government, for a term beginning October 7, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Mrs. Mary C. Winter of Richmond County, as a Member of the Governor's Commission on Constitutional Government, for a term beginning October 7, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Miss Ira Jarrell of Fulton County, as a Member of the Governor's Commission on Constitutional Government, for a term beginning October 7, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Mrs. Charles Crisp of Sumter County, as a Member of the Governor's Commission on Constitutional Government, for a term beginning October 7, 1959, to serve at the pleasure of the Goveronr. The vote on this confirmation was ayes 51, nays 0.
Honorable Peter Zack Geer of Miller County, as a Member of the Governor's Commission on Constitutional Government, for a term beginning October 7, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable James H. Gray of Dougherty County, as a Member of the Governor's Commission on Constitutional Government, for a term beginning October 7, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable J. H. Woodall, Sr. of Talbot County, as a Member of the Governor's Commission on Constitutional Government, for a term beginning October 7, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable Tyre Watson, Jr. of DeKalb County, as a Member of the State Board of Health, for a term beginning October 6, 1959, and ending September 1, 1965. The vote on this confirmation was ayes 51, nays 0.
824
JOURNAL OF THE SENATE,
Honorable Robert H. Hogg of Bibb County, as a Member of the State Board of Health, for a term beginning October 6, 1959, and ending September 1, 1965. The vote on this confirmation was ayes 51, nays 0.
Honorable R. L. Reiley of Chatham County, as a Member of the State Board of Examiners of Warm Air Heating Contractors, for a term beginning October 23, 1959, and ending March 29, 1961. The vote on this confirmation was ayes 51, nays 0.
Honorable Wallace Adams of Wheeler County, as a Member of the Charles H. Herty Foundation, for a term beginning June 10, 1959, and ending February 19, 1964. The vote on this confirmation was ayes 51, nays 0.
Honorable Shelby Myrick, Jr. of Chatham County, as a Member of the Charles H. Herty Foundation, for a term beginning October 7, 1959, and ending February 19, 1962. The vote on this confirmation was ayes 51, nays 0.
Honorable Frank Allcorn, Jr. of Meriwether County, as a Member of the Hospital Advisory Committee, for a term beginning October 7, 1959, and ending March 12, 1962. The vote on this confirmation was ayes 51, nays 0.
Honorable Thomas E. Greene, Jr. of Bibb County, as a Member of the Georgia Industrial Development Administration, for a term beginning March 31, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable William Clair Harris of Barrow County, as a Member of the Georgia Industrial Development Administration, for a term beginning April 7, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable William P. Trotter of Troup County, as a Member of the Governor's Committee on Interstate Co-Operation, for a term beginning February 17, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable Joe N. King of Chattahoochee County, as a Member of the Governor's Committee on Interstate Co-Operation, for a term beginning February 17, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable Robert B. Troutman of Fulton County, as a Member of the Judicial Council of Georgia, for a term beginning October 7, 1959, and ending April 27, 1962. The vote on this confirmation was ayes 51, nays 0.
Honorable Joseph D. Quillian of Gwinnett County, as a Member of the Judicial Council of Georgia, for a term beginning October 7, 1959, and ending April 27, 1962. The vote on this confirmation was ayes 51, nays 0.
Honorable Samuel J. Boykin of Carroll County, as a Member of the Judicial Council of Georgia, for a term beginning October 7, 1959, and ending April 27, 1962. The vote on this confirmation was ayes 51, nays 0.
Honorable Carlton Mobley of Bibb County, as a Member of the Judicial Council of Georgia, for a term beginning October 7, 1959, and ending April 27, 1962. The vote on this confirmation was ayes 51, nays 0.
Honorable Hubert B. Owens of Clarke County, as a Member of the Board of Landscape Architects, for a term beginning July 1, 1958, and ending April 1, 1961. The vote on this confirmation was ayes 51, nays 0.
FRIDAY, FEBRUARY 19, 1960
825
Honorable William Pauley of Fulton County, as a Member of the Board of Landscape Architects, for a term beginning October 15, 1959, and ending April 1, 1963. The vote on this confirmation was ayes 51, nays 0.
Dr. Albert M. Deal of Bulloch County, as a Member of the State Board of Medical Examiners, for a term beginning October 7, 1959, and ending September 1, 1963. The vote on this confirmation was ayes 51, nays 0.
Dr. J. Hubert Milford of Hart County, as a Member of the State Medical Education Board, for a term beginning June 11, 1959, and ending April 1, 1961. The vote on this confirmation was ayes 51, nays 0.
Honorable James H. Mitchell of Brooks County, as a Member of the Georgia Milk Commission, for a term beginning March 31, 1959, and ending December 31, 1962. The vote on this confirmation was ayes 51, nays 0.
Mrs. Gladys Blackwell of Floyd County, as a Member of the Board of Examiners of Practical Nurses, for a term beginning October 23, 1959, and ending April 1, 1963. The vote on this confirmation was ayes 51, nays 0.
Mrs. Hattie Barnard of Ware County, as a Member of the Board of Examiners of Practical Nurses, for a term beginning October 23, 1959, and ending April 1, 1963. The vote on this confirmation was ayes 51, nays 0.
Honorable Frank H. Neely of Fulton County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable Harllee Branch, Jr. of Fulton County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable Robert B. Wallace, Jr. of DeKalb County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Dr. C. C. Murray of Clarke County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Dr. George King of Clarke County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable Phil Campbell of Oconee County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable William J. Estes of Coweta County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable John Duncan of Bibb County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
826
JOURNAL OF THE SENATE,
Honorable E. W. Middlewood of Pulton County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable D. B. Lawton of Ployd County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable Chappelle Matthews of Clarke County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable Howard Callaway of Harris County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable J. M. Cheatham of Spalding County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Dr. John Venable of Fulton County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Dr. Bruce Schaefer of Stephens County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Dr. John T. Godwin of DeKalb County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Dr. Harry B. O'Rear of Richmond County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Dr. W. M. Suttles of Fulton County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Dr. 0. C. Aderhold of Clarke County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Dr. E. D. Harrison of Fulton County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable Ebb Duncan of Carroll County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
FRIDAY, FEBRUARY 19, 1960
827
Honorable Robert 0. Arnold of Newton County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Dr. Claude Purcell of Fulton County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable A. L. Feldman of Fulton County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Dr. Harmon Caldwell of Fulton County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Dr. J. E. Boyd of DeKalb County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Dr. W. B. Harrison of Fulton County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable Morris M. Bryan, Jr. of Jackson County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable Ottley McCarty of Fulton County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable George L. Smith, II of Emanuel County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Dr. Morgan Raiford of Fulton County, as a Member of the Georgia Nuclear Advisory Commission, for a term beginning November 25, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Dr. W. R. Gilbert of Spalding County, as a Member of the Georgia State Board of Examiners in Optometry, for a term beginning September 14, 1959, and ending September 6, 1962. The vote on this confirmation was ayes 51, nays 0.
Dr. T. Benjamin Youmans, Jr. of Gordon County, as a Member of the Georgia State Board of Examiners in Optometry, for a term beginning September 14, 1959, and ending September 6, 1962. The vote on this confirmation was ayes 51, nays 0.
Honorable J. K. Clason of Muscogee County, as a Member of the Dispensing Opticians State Board, for a term beginning October 7, 1959, and ending March 16, 1963. The vote on this confirmation was ayes 51, nays 0.
Honorable Robert E. Lee, Jr. of Elbert County, as a Member of the State Personnel Board, for a term beginning November 24, 1959, and ending November 23, 1966. The vote on this confirmation was ayes 51, nays 0.
828
JOURNAL OP THE SENATE,
Dr. H. O. Lund of Clarke County, as a Member of the Structural Pest Control Commission, for a term beginning October 23, 1959, and ending July 1, 1963. The vote on this confirmation was ayes 51, nays 0.
Honorable B. B. Kelley of Chatham County, as a Member of the Georgia State Board of Pharmacy, for a term beginning November 1, 1959, and ending November 1, 1964. The vote on this confirmation was ayes 51, nays 0.
Dr. James B. Stevens of Bibb County, as a Member of the State Board of Chiropody Examiners, for a term beginning October 23, 1959, and ending May 5, 1962. The vote on this confirmation was ayes 51, nays 0.
Honorable Howell Hollis of Muscogee County, as a Member of the Georgia Ports Authority, for a term beginning August 20, 1959, and ending June 30, 1963. The vote on this confirmation was ayes 51, Bays 0.
Dr. Florene Young of Clarke County, as a Member of the State Board of Examiners of Psychologists, for a term beginning October 23, 1959, and ending March 27, 1962. The vote on this confirmation was ayes 51, nays 0.
Honorable Ward Wight, Jr. of Fulton County, as a Member of the Georgia Real Estate Commission, for a term beginning May 27, 1959, and ending February 24, 1961. The vote on this confirmation was ayes 51, nays 0.
Honorable George B. Culpepper, Jr. of Peach County, as a Member of the Board of Trustees of Employees Retirement Fund, for a term beginning June 30, 1959, and ending June 30, 1963. The vote on this confirmation was ayes 51, nays 0.
Honorable J. W. Mann of Crisp County, as a Member of the Sanitarians Registration Committee, for a term beginning October 23, 1959, and ending April 24, 1964. The vote on this confirmation was ayes 51, nays 0.
Honorable Charles L. Williams of Floyd County, as a Member of the Sanitarians Registration Committee, for a term beginning October 23, 1959, and ending April 24, 1964. The vote on this confirmation was ayes 51, nays 0.
Honorable Brooks Pennington, Jr. of Morgan County, as a Member of the Stone Mountain Memorial Association, for a term beginning March 6, 1959, and ending February 24, 1960. The vote on this confirmation was ayes 51, nays 0.
Mrs. L. H. Lyle of Clayton County, as a Member of the Stone Mountain Memorial Association, for a term beginning June 5, 1959, and ending February 24, 1962. The vote on this confirmation was ayes 51, nays 0.
Honorable 0. Gene Ownby of Fulton County, as a Member of the State Board of Registration of Used Car Dealers, for a term beginning July 17, 1959, and ending April 8, 1964. The vote on this confirmation was ayes 51, nays 0.
Honorable Randolph Medlock of DeKalb County, as a Member of the State Board of Veterans Service, for a term beginning June 10, 1959, and ending April 1, 1966. The vote on this confirmation was ayes 51, nays 0.
Dr. Tyler Leard of Hart County, as a Member of the Georgia State Board of Veterinary Examiners, for a term beginning October 23, 1959, and ending September 16, 1964. The vote on this confirmation was ayes 51, nays 0.
Honorable Floyd Tabor of Houston County, as a Member of the Water Quality Control Board, for a term beginning September 11, 1959, and endingJuly 2, 1961. The vote on this confirmation was ayes 51, nays 0.
FRIDAY, FEBRUARY 19, 1960
829
Honorable Ted M. Forbes of Fulton County, as a Member of the Water Quality Control Board, for a term beginning October 23, 1959, and ending July 2, 1963. The vote on this confirmation was ayes 51, nays 0.
Honorable William T. Dean of Rockdale County, as a Member of the State Board of Workmen's Compensation, for a term beginning October 7, 1959, and ending May 1, 1961. The vote on this confirmation was ayes 51, nays 0.
Honorable Roscoe Lowery of DeKalb County, as a Member of the State Board of Workmen's Compensation, for a term beginning October 7, 1959, and ending May 1, 1961. The vote on this confirmation was ayes 51, nays 0.
Dr. Hugh Hailey of Fulton County, as a Member of the Workmen's Compensation Medical Board, for a term beginning October 28, 1959, and endingMarch 30, 1961. The vote on this confirmation was ayes 51, nays 0.
Dr. Duncan Shepard of Fulton County, as a Member of tti2 Workmen's Compensation Medical Board, for a term beginning October 26, 1959, and ending March 30, 1961. The vote on this confirmation was ayes 51, nays 0.
Dr. Albert A. Rayle, Sr. of Fulton County, as a Member of the Workmen's Compensation Medical Board, for a term beginning October 23, 1959, and ending March 30, 1961. The vote on this confirmation was ayes 51, nays 0.
Honorable C. O. Nixon of Newton County, as a Member of the State Board of Corrections, for a term beginning December 11, 1959, and ending November 27, 1964. The vote on this confirmation was ayes 51, nays 0.
Honorable William H. Kimbrough of DeKalb County, as a Member of the State Board of Pardons and Paroles, for a term beginning January 1, 1960, and ending January 1, 1967. The vote on this confirmation was ayes 51, nays 0.
Honorable Charlie Jordan, Jr. of Wheeler County, as a Member of the State Forestry Commission, for a term beginning March 6, 1959, and ending February 28, 1966. The vote on this confirmation was ayes 51, nays 0.
Honorable Robert H. Jordan of Talbot County, as a Member of the State Highway Board, for a term beginning April 1, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable Willis N. Harden of Jackson County, as a Member of the State Highway Board, for a term beginning April 1, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable Downing Musgrove of Clinch County, as a Member of the Advisory Committee of the Interstate Forest Fire Protection Compact, for a term beginning January 5, 1960, and ending July 28, 1961. The vote on this confirmation was ayes 51, nays 0.
Honorable William H. Kimbrough of DeKalb County, as Chairman of the State Board of Pardons and Paroles and Chairman of the State Board Probation, for a term beginning January 1, 1960, and ending January 1, 1962. The vote on this confirmation was ayes 51, nays 0.
Honorable Lonnie E. Sweat of Pierce County, as a Member of the State Board of Education, for a term beginning January 7, 1960, and ending January 1, 1967. The vote on this confirmation was ayes 51, nays 0.
Honorable Paul S. Stone of Burke County, as a Member of the State Board of Education, for a term beginning January 7, 1960, and ending January 1, 1967. The vote on this confirmation was ayes 51, nays 0.
830
JOURNAL OP THE SENATE,
Miss Lillian Henderson of Pulton County, as Director of the State Department of Confederate Pensions and Records, for a term, beginning October 23, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable Jack L. Grantham of Pulton County, as Deputy Director of Civil Defense of the State of Georgia, for a term beginning March 5, 1959, to serve at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.
Honorable John D. M. Polger of DeKalb County as State Librarian, for a term beginning October 1, 1959, and ending October 1, 1963. The vote on this confirmation was ayes 51, nays 0.
Honorable Alvan C. Gillem of Pulton County, as Supervisor of the State Purchasing Department, for a term beginning September 1, 1959, and ending November 17, 1960. The vote on this confirmation was ayes 51, nays 0.
Honorable Frank Atwood of Bartow County, as a Member of the Department of Public Safety, for a term beginning February 19, 1959, and ending as provided by law. The vote on this confirmation was ayes 51, nays 0.
Honorable Earl Hamrick of Twiggs County, as a Member of the Department of Public Safety, for a term beginning February 19, 1959, and ending as provided by law. The vote on this confirmation was ayes 51, nays 0.
Honorable Charles Garrett of Berrien County, as a Member of the Agricultural Commodities Authority, for a term beginning May 31, 1957, and ending May 31, 1961. The vote on this confirmation was ayes 51, nays 0.
Honorable Harry L. Brown of Rabun County, as a Member of the Agricultural Development Authority, for a term beginning July 1, 1958, and ending July 1, 1962. The vote on this confirmation was eyes 51, nays 0.
Honorable Charles R. Jenkins of Richmond County, as a Member of the Georgia Real Estate Commission, for a term beginning January 14, 1960, and ending February 24, 1961. The vote on this confirmation was ayes 51, nays 0.
Honorable C. Plannery Pope of Laurens County, as a Member of the State Game and Fish Commission, for a term beginning January 19, 1960, and ending January 1, 1967. The vote on this confirmation was ayes 51, nays 0.
Honorable A. Frank Grimsley of Crisp County, as an Assistant Attorney General, for a term beginning April 16, 1959, to serve at the pleasure of the Governor and the Attorney General. The vote on this confirmation was ayes 51, nays 0.
Honorable Joe S. Champion of Dougherty County, as an Assistant Attorney General, for a term beginning May 16, 1959, to serve at the pleasure of the Governor and the Attorney General. The vote on this confirmation was ayes 51, nays 0.
Honorable John B. White of DeKalb County, as an Assistant Attorney General, for a term beginning July 15, 1959, to serve at the pleasure of the Governor and the Attorney General. The vote on this confirmation was ayes 51, nays 0.
Honorable Joel S. Thwaites of Pulton County, as an Assistant Attorney General, for a term beginning September 1, 1959, to serve at the pleasure of the Governor and the Attorney General. The vote on this confirmation was ayes 51, nays 0.
Honorable Carter Goode of Fulton County, as an Assistant Attorney General, for a term beginning September 1, 1959, to serve at the pleasure of the Governor and the Attorney General. The vote on this confirmation was ayes 51, nays 0.
FRIDAY, FEBRUARY 19, 1960
831
Honorable John Edward Dean of Clayton County, as an Assistant Attorney General, for a term beginning October 16, 1959, to serve at the pleasure of the Governor and the Attorney General. The vote on this confirmation was ayes 51, nays 0.
Honorable W. Ernest Buckner of Fulton County, as a Member of the State Board of Workmen's Compensation, for a term beginning January 27, 1960, and ending January 12, 1964. The vote on this confirmation was ayes 51, nays 0.
Honorable Hal Bell of Bibb County, as Judge of the City Court of Macon, for a term beginning December 28, 1959, and ending January 1, 1961. The vote on this confirmation was ayes 51, nays 0.
Honorable R. J. Brown of Carroll County, as Judge of the City Court of Carrollton, for a term beginning March 25, 1959, and ending at the next general election. The vote on this confirmation was ayes 51, nays 0.
Honorable Jack Short of Colquitt, as Solicitor of the City Court of Colquitt County, for a term beginning August 15, 1958, and ending January 1, 1961. The vote on this confirmation was ayes 51, nays 0.
Honorable Troy G. Morrow of Schley County, as Judge of the City Court of Ellaville, for a term beginning August 21, 1958, and ending August 21, 1962. The vote on this confirmation was ayes 51, nays 0.
Honorable Hal Bell of Bibb County, as Judge of the Superior Courts of the Macon Judicial Circuit, for a term beginning February 19, 1960, and ending January 1, 1961. The vote on this confirmation was ayes 51, nays 0.
Honorable Andrew W. McKenna of Bibb County, as Judge of the City Court of Macon, for a term beginning February 19, 1960, and ending January 1, 1961. The vote on this confirmation was ayes 51, nays 0.
With kindest regards, I am
Sincerely,
George D. Stewart, Secretary of Senate.
GDS:er
The executive session was dissolved and the Senate 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:
HB 502. By Mr. Gowen of Glynn:
A bill to provide for simplification of fiduciary security transfers, to provide dividends, to provide registration; and for other purposes.
The report 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.
832
JOURNAL OF THE SENATE,
HB 590. By Mr. Magoon of Hart:
A bill to provide that in the event the driver's license of any person is revoked or suspended by court, plea of guilty, nolo contendere or a forfeiture of bond, 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1064. By Messrs. Smith, Brooks and McClelland of Fulton:
A bill to amend an act to provide for the rehabilitation, clearance and redevelopment of slums in cities and towns 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 600. By Messrs. Kidd of Baldwin, Scoggin of Floyd, Caldwell of Upson and others:
A bill to provide for the payment of cost of support, care and treatment rendered to persons admitted or committed to Milledgeville State Hospijal, and Georgia Training School at Gracewood; and for other purposes.
The report 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.
HR 392. By Messrs. McCracken of Jefferson, Cheatham, McGee and Brennan of Chatham, and others:
A resolution to relieve the operators of urban transit systems from the payment of delinquent taxes for the year 1958; 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.
FRIDAY, FEBRUARY 19, 1960
833
HB 1055. By Messrs. Floyd of Chattooga and Fowler of Douglas:
A bill to provide that applicants taking an examination by any examining board shall receive points to grade made by applicant on the examination; and for other purposes.
The report 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.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendment as amended by the House to the following bill of the House, to-wit:
HB 496. By Mr. McWhorter of DeKalb:
A bill to amend an act relating to marriage licenses, how granted and recorded; and for other purposes.
HB 741. By Mr. Matthews of Colquitt:
A- bill to amend an act regulating the sale of fireworks, so as not to prohibit any resident wholesaler, dealer or jobber from selling such fireworks or the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes, etc.; and for other purposes.
Senator Perry of the 24th moved that HB 741 be withdrawn from the Committee on Rules and recommitted to the Committee on Agriculture and Natural Resources.
On the motion, the ayes were 26, nays 10, and the motion prevailed.
The following resolution was read and adopted:
SR 148. By Senators Cannon of the 40th and Sanders of the 18th and others:
A resolution expressing appreciation to the Honorable C. W. Kiker, Senator from the 41st District; and for other purposes.
The following bill was taken up for the purpose of considering House action thereto:
HB 496. By Mr. McWhorter of DeKalb:
A bill to amend an act relating to marriage licenses, how granted and recorded; and for other purposes.
834
JOURNAL OF THE SENATE,
Senator Sanders of the 18th moved that the Senate recede from its position in amending HB 496.
On the motion, the ayes were 38, nays 0, and the motion prevailed.
HR 357. By Messrs. Musgrove of Clinch, Caldwell of Upson and Hall of Floyd:
A resolution proposing an amendment to the Constitution so as to authorize the State Board of Education to expend funds appropriated, or otherwise made available, for the purposes set forth in a resolution providing for scholarships for Teachers; and for other purposes.
Senator Culpepper of the 7th moved that HR 357 be recommitted to the Committee on Educational Matters.
On the motion, the ayes were 36, nays 1, and the motion prevailed.
HB 695. By Messrs. Matthews and Cox of Clarke:
A bill to amend code section 26-5104, relative to obtaining license to carry a pistol, applicant for license must present certificate from clerk showing criminal record, if any; and for other purposes.
The report 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.
Mr. President: The House has passed by substitute the following bill of the Senate:
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 following bill was taken up for the purpose of considering a House substitute thereto:
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 House substitute was as follows:
A BILL
To be entitled an act to provide in all counties of the State of Georgia having a population at the U. S. Census of 1950 of not less than
FRIDAY, FEBRUARY 19, 1960
835
30,500 inhabitants nor more than 31,000 the prohibition of distributing cards, literature, posters, or any other printed matter in behalf of any candidate; to provide for a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. In all counties of the State of Georgia having a population under the 1950 U. S. Census or any subsequent Census of not less than 30,500 inhabitants nor more than 31,000, it shall be unlawful for any person, firm, or corporation to distribute cards, literature, posters or any other printed matter in the behalf of any candidate on the day of any primary or general election.
Section 2. Any person, firm, or corporation violating the provisions of this act shall be guilty of a misdemeanor.
Section 3. All laws and parts of laws in conflict with this act are hereby repealed.
Senator Livingston of the 38th moved that the Senate disagree to the House substitute to SB 104.
On the motion, the ayes were 28, nays 0, and the motion prevailed.
HB 702. By Messrs. Ray of Warren and Blalock of Clayton:
A bill to provide a civil penalty for any person having control of collecting from purchasers amounts required under Georgia Retailers' and Consumers' Sales and Use Tax Act, to provide for penalty; and for other purposes.
The report 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 709. By Mr. Rogers of Heard:
A bill to amend an act relating to qualification, registration of voters, to fix deadline for the registration, to provide duties of Board of Registrars; and for other purposes.
The Committee on Rules offered the following amendment:
Amend HB 709 by striking from said act the following sentence:
"Providing that said date shall be not less than five (5) days prior to the holding of said county primary."
and substituting in lieu thereof the following sentence:
"Said date shall be thirty (30) days prior to the holding of said county primary."
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JOURNAL OF THE SENATE,
On the adoption of the amendment, the ayes were 28, 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 28, nays 0.
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 disagreed to the Senate amendments to the following bills of the House to wit:
HB 598. By Messrs. Kidd and Chandler of Baldwin, Scoggin of Ployd, Alien of Bulloch, and others:
A bill to provide for the observation, diagnosis, care and treatment of mentally ill persons and their hospitalization, upon court order; and for other purposes.
HB 869. By Mr. Gowen of Glynn:
A bill to amend an act establishing a State Employees Retirement System, as to change the provisions relating to former employees; and for other purposes.
The following bill was taken up for the purpose of considering House action thereto:
HB B98. By Messrs. Kidd and Chandler of Baldwin, Scoggin of Floyd, and Alien of Bulloch and others:
A bill to provide for the observation, diagnosis, care and treatment of mentally ill persons and their hospitalization, upon court order; and for other purposes.
Senator Sanders of the 18th moved that the Senate insist on its position and that a Committee of Conference be appointed.
The president appointed as a Committee on Conference on the part of the Senate:
Senators Carlisle of the 51st, Sanders of the 18th and Holt of the 54th.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 869. By Mr. Gowen of Glynn: A bill to amend an act establishing a State Employees Retirement Sys-
FRIDAY, FEBRUARY 19, 1960
837
tern, so as to change the provisions relating to former employees; and for other purposes.
Senator Sanders of the 18th moved that the Senate recede from its position in amending HB 869.
On the motion, the ayes were 32, nays 0, and the motion prevailed.
HB 705. By Messrs. Blalock of Clayton and Ray of Warren:
A bill relating to payment of taxes and other amounts to agents and employees of the Revenue Department; and for other purposes.
The report 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 732. By Messrs. Fleming, Edwards and Fuqua of Richmond:
A bill to amend an act known as the Georgia Ports Authority Act, to authorize the Governor, on behalf of the State, to convey certain property to the Authority; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 756. By Messrs. Carswell and Tucker of Burke and others:
A bill to amend code section 105-1305, relating to actions for the homicide of a wife or mother, to provide that illegitimate child shall have right to sue in such action; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays. 0.
The bill, having received the requisite constitutional majority, was passed.
HB 761. By Mr. Keever of Bartow:
A bill relating to the State Board of Corrections,, and to prisons, public work camps and prisoners, to provide transfer to Milledgeville State Hospital prisoners addicted to dope, or alcohol; 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 856. By Messrs. Blalock of Clayton, Ray of Warren and Gowen of Glynn:
A bill to amend certain sections of Part IX of Title 92 of the Code of Georgia relating to the collection of income taxes; relating to personal exemption of married persons; and for other purposes.
The report 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 3.
The bill, having received the requisite constitutional majority, was passed.
HR 435. By Messrs. Puqua, Fleming and Edwards of Richmond:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide that the General Assembly shall have the power, by legislation, to create, designate, vest powers and duties, set terms and compensation, establish functions, combine and consolidate municipal and county public agencies, departments, boards, bureaus, commissions, and governing authorities within Richmond County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article XI, Section I, of the Constitution, relating to counties and municipal corporations, is hereby amended by adding a new Paragraph to said Section to be known as Paragraph X, and to read as follows:
"Paragraph X. Any other provision of this Constitution notwithstanding, the General Assembly shall have power, by legislation to create, designate, vest powers and duties, set terms and compensation, establish functions, name other and different municipal, county or combined governments, governing authorities, political subdivisions, public agencies, courts, offices, officers, boards, bureaus, departments, commissions, and authorities within the limits of Richmond County; to abolish municipal county or combined governments, governing authorities, political subdivisions, public agencies, courts, offices, officers, boards, bureaus, and authorities now or hereafter existing within the limits of Richmond County; and to create, transfer or combine and consolidate any or all of the several powers, authorities, duties, liabilities and functions vested in any municipal or county or combined government, governing authority, political subdivision, public agency, court, office, officer, board, bureau, department, commission or authority now or hereafter existing within the limits of Richmond County; to provide for the preservation of all existent civil service, pension and retirement rights, provide for the assumption of obligations including any bonded indebtedness outstanding against any existent government,
FRIDAY, FEBRUARY 19, 1960
839
governing authority, political subdivision or public agency within Richmond County by any appropriate successor; and to provide for methods and procedures to effectuate the same."
Provided however, nothing herein contained shall be construed as authorizing the General Assembly to:
1. Abolish any State or County court, the office of Sheriff of Richmond County, or any of the offices of Richmond County now required to exist by other provisions of this Constitution.
2. Alter the status of the Richmond County Board of Education or any constitutional provision by which any such named agency was authorized or preserved.
Provided, however, that neither of the foregoing two limitations applicable to the designated courts, offices, officers, boards and commissions which are presently serving the entire area shall be construed as prohibiting the General Assembly from adding to or increasing the functions of the public offices, officers or agencies herein next above described, nor from exercising any legislative control with respect thereto which existed prior to the adoption of this paragraph.
Provided, further, that such relation as such office, officer or agency presently has with the governing authority of any municipality or county or both abolished under the authority hereof, it shall continue to have with such newly created appropriate successor governing authority.
The General Assembly may or may not in enacting legislation under this authority, make the effectiveness thereof contingent upon its approval by concurrent majorities of those qualified voters of such several area or areas, political subdivision or political subdivisions as may be directly affected thereby voting at public referenda to be held as shall in such legislation be prescribed.
The powers herein granted to the General Assembly:
1. Are remedial and shall be liberally construed to effectuate their purpose.
2. May be exercised by it notwithstanding any other provisions of this Constitution or of law.
3. Shall not be exhausted by their initial exercise, but may be exercised from time to time as said General Assembly may determine.
4. Are cumulative of all other powers now held by the General Assembly, and are not in lieu thereof.
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
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JOURNAL OF THE SENATE,
"For ratification of amendment to the Constitution so as to provide that the General Assembly shall have the power, by legislation, to create, designate, vest powers and duties, set terms and compensation, establish functions, combine and consolidate municipal and county public agencies, departments, boards, bureaus, commissions, authorities and governing authorities within Richmond County.
"Against ratification of amendment to the Constitution so as to provide that the General Assembly shall have the power, by legislation, to create, designate, vest powers and duties, set terms and compensation, establish functions, combine and consolidate municipal and county public agencies, departments, boards, bureaus, commissions, authorities and governing authorities within Richmond County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 Barrett of 45th Breedlove Brooks Brown Buff Cannon Crowe Culpepper Darby Doster Drew Dykes
Greer Hays Holton Home Kennedy Kiker Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn Mercer McGill Nixon
Pannell Perry Purcell Ramsey Roach Roper Screws Shaw Slade Vaughn Watson Woodall Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 41, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
FRIDAY, FEBRUARY 19, 1960
841
HR 460. By Messrs. Bostick and Branch of Tift:
A RESOLUTION
Proposing to the qualified voters of Tift County, Georgia, an amendment to Article VII, Section I, Paragraph IV, of the Constitution of Georgia to provide that neither the said personal property exemption, of an amount not to exceed $300.00, nor the said Homestead Exemption, of an amount not to exceed $2000.00, shall be applicable to taxes which are assessed and collected by the taxing authorities of Tift County for the support and maintenance of education, as recommended by the Tift County Board of Education, unless the owner of such personal property or Homstead is sixty-five (65) years of age or older or is qualified for and actually receiving aid or assistance from the Tift County Department of Public Welfare.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. That Article VII, Section I, Paragraph IV, of the Constitution of Georgia be amended by adding thereto the following:
"Notwithstanding anything elsewhere provided in this Constitution, neither the said personal property exemption, of an amount not to exceed $300.00, nor the said Homestead Exemption, of an amount not to exceed $2000.00, shall be applicable to taxes which are assessed and collected by the taxing authorities of Tift County for the support and maintenance of education, as recommended by the Tift County Board of Education, unless the owner of such personal property or homestead is sixty-five (65) years of age or older or is qualified for and actually receiving aid or assistance from the Tift County Department of Public Welfare."
Section 2. Be it further resolved by the authority aforesaid, that whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly, and the same shall have been entered on their journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in full in one newspaper of general circulation in Tift County once each week for three consecutive weeks immediately preceding the date of the next general election.
Section 3. Be it further resolved by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the voters of Tift County at the next general election to be held after the publication as provided for in the second section of this resolution, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words:
"For ratification of amendment to Article VII, Section I, Paragraph IV, of the Constitution, providing that neither the personal property exemption, in an amount not to exceed $300.00, nor the homestead exemption, of an amount not to exceed $2,000.00, shall be applicable to taxes which are assessed and collected by the taxing authorities of Tift County for the support and maintenance of education, as recommended by the Tift County Board of Education, unless the owner of such personal property or homestead is sixty-
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JOURNAL OF THE SENATE,
five (65) years of age or older or is qualified for and actually receiving aid or assistance from the Tift County Department of Public Welfare.";
and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words:
"Against ratification of amendment to Article VII, Section I, Paragraph IV, of the Constitution, providing that neither the personal property exemption, in an amount not to exceed $300.00, nor the homestead exemption, of an amount not to exceed $2,000.00, shall be applicable to taxes which are assessed and collected by the taxing authorities of Tift County for the support and maintenance of education, as recommended by the Tift County Board of Education, unless the owner of such personal property or homestead is sixtyfive (65) years of age or older or is qualified for and actually receiving aid or assistance from the Tift County Department of Public Welfare."
Section 4. Be it further resolved by the authority aforesaid, that if such amendment is ratified in accordance with the Constitution of this State, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.
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 Barrett of 45th Breedlove Brooks Brown Buff Cannon Crowe Culpepper Darby Doster Drew Dykes
Greer
Hays Holton Horne Kennedy Kiker Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn Mercer McGill Nixon
Pannell
Perry Purcell Ramsey Roach Roper Screws Shaw Slade Vaughn Watson Woodall Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 41, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
FRIDAY, FEBRUARY 19, 1960
843
HR 462. By Messrs. Mackay, McWhorter, and Rutland of DeKalb:
A RESOLUTION
Proposing an amendment to Article VII, Section IV, Paragraph I of the Constitution of Georgia of 1945 so as to authorize DeKalb County to levy a tax not exceeding one-fourth mill on all of the taxable property in the county, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in DeKalb County; to provide that said fund may be used to purchase land and erect buildings or other facilities to be rented or leased to industries or to be sold to industries; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section IV, Paragraph I of the Constitution of Georgia of 1945, as amended, is hereby amended by adding at the end of Paragraph I the following:
"To provide that DeKalb County is authorized to levy a tax, in addition to those already provided for by law, not to exceed onefourth mill, on all the taxable property in the county, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in DeKalb County and to pay advertising, and other promotional expenses incidental thereto."
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 proposed amendment to be published as provided in Article XIII, Section 1, Paragraph 1 of the Constitution of Georgia of 1945, as amended. Said proposed Constitutional 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 Article VII, Section XV, Paragraph 1 of the Constitution so as to provide that DeKalb County may levy a tax, not to exceed one-fourth mill, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in DeKalb County."
"Against ratification of the amendment to Article VII, Section XV, Paragraph 1 of the Constitution so as to provide that DeKalb County may levy a tax, not to exceed one-fourth mill, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in DeKalb County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly and it shall be the
844
JOURNAL OF THE SENATE,
duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall, if such amendment is ratified, make proclamation thereof.
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 Barrett of 45th Breedlove Brooks Brown Buff Cannon Crowe Culpepper Darby Doster Drew Dykes
Greer Hays Holton Home Kennedy Kiker Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn Mercer McGill Nixon
Pannell Perry Purcell Ramsey Roach Roper Screws Shaw Slade Vaughn Watson Woodall Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 41, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
HR 463. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia to be known and designated as Paragraph I of Section I of Article XVII of the Constitution of the State of Georgia, authorizing the General Assembly of Georgia by legislation to create a body corporate and politic to be known as the Columbus Parking Authority; to provide for its organization, membership, method of operation, and perpetual existence; to provide for and define its duties, powers and authorities, including, but not limited to, the power to issue its revenue bonds and certificates; to exempt it, its properties, securities, and the income therefrom, from taxation; to provide that the operation of said Authority shall constitute a governmental function; to authorize the City of Columbus to make voluntary loans, donations and contributions to said Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, and it is hereby resolved by authority of the same as follows:
FRIDAY, FEBRUARY 19, 1960
845
Section 1. The Constitution of the State of Georgia is hereby amended by adding thereto a new paragraph to be known as Paragraph I of Section I of Article XVII, and which shall read as follows:
"The General Assembly shall be authorized to enact, and from time to time, to amend, laws creating, as an agency, instrumentality, and public corporation of this State, a body corporate and politic to be known as the Columbus Parking Authority; providing for its organization, membership and method of operation; providing for its perpetual existence; providing for and defining its duties, powers and authorities, including but not limited, to the power and authority to:
(a) Acquire, construct, lease, exchange, repair, alter, remodel, own and operate offstreet motor vehicle parking facilities, parking lots, parking garages, parking buildings and underground parking areas, anywhere within the corporate limits of the City of Columbus, Georgia, and to equip and maintain all such facilities and properties ;
(b) Whenever authorized by the governing body of said Authority, and without any other vote or election whatever and regardless of any other provision of this Constitution, to issue and sell, without limitation as to amount, purpose, terms, maturities, interest rates or any other feature, its own revenue certificates and revenue bonds and to issue refunding revenue certificates and refunding revenue bonds; and
(c) Whenever authorized by the governing body of said Authority, and without any other vote or election whatever and regardless of any other provision of this Constitution, to borrow money and incur debts, without limitation as to amount, and to secure any such loan or debt by trust deed, security deed, mortgage, pledge, bill of sale to secure debt, or assignment; providing that said Authority, its property, its income, revenues and receipts, its revenue certificates and bonds and the interest thereon, and all its other securities and the interest thereon, shall be exempt from taxation; providing for the procedure for issuing and selling its securities and its revenue certificates and revenue bonds, the validation thereof, the security or collateral and the rights and remedies to be furnished and afforded the purchasers and holders thereof; providing that the City of Columbus shall be authorized, at any time and from time to time, to make voluntary loans, contributions or donations to said Authority from any available funds of said city, including but not limited to the gross receipts derived by said city from parking meters in said city; providing that the operations and business of said Authority shall be and constitute fully authorized governmental functions; providing for the venue and jurisdiction of suits brought against the Authority; providing for the protection of the interests of holders of the securities, including but not limited to revenue certificates and revenue bonds, of said Authority; providing for said Authority any right, power or authority provided by the laws of this State for corporations chartered by the Superior Courts.
The term "securities," wherever used in this amendment, shall be construed to include any and all evidences of indebtedness of any nature.
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JOURNAL OP THE SENATE,
The powers herein granted to the General Assembly: 1. Are remedial and shall be liberally construed to effectuate their purposes.
2. May be exercised by it notwithstanding any other provision of this Constitution or of law.
3. Shall not be exhausted by their initial exercise, but may be exercised from time to time as said General Assembly may determine.
4. Are cumulative of all other powers now held by the General Assembly, and are not in lieu thereof.
This is not a general amendment, within the meaning of Paragraph I of Section I of Article XIII of the Constitution of the State of Georgia of 1945, as amended. The City of Columbus is the only political subdivision directly affected by this amendment. Said Columbus Parking Authority shall have no power of taxation, nor shall it have the power of eminent domain. Any law enacted pursuant to the provisions of this amendment shall contain a provision to the effect that such law shall become effective only after the adoption by the Commission of the City of Columbus of an ordinance to that effect, and on the definite date to be stated in said ordinance.
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 Paragraph I of Section I of Article XIII 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 to authorize the General Assembly by legislation to create and establish the Columbus Parking Authority."
"Against ratification of amendment to the Constitution to authorize the General Assembly by legislation to create and establish the Columbus Parking Authority."
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 Paragraph I of Section I of Article XIII of the Constitution, as amended, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
FRIDAY, FEBRUARY 19, 1960
847
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 Barrett of 45th Breedlove Brooks Brown Buff Cannon Crowe Culpepper Darby Doster
Drew Dykes
Greer
Hays Holton Home Kennedy Kiker Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn Mercer
McGill Nixon
Pannell
Perry Purcell Ramsey Roach Roper Screws Shaw Slade Vaughn Watson Woodall
Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 41, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
HR 464. By Mr. King of Chattahoochee:
A RESOLUTION
Proposing to the qualified voters of Chattahoochee County an amendment to Article VII, Section VII, Paragraph V, of the Constitution of Georgia of 1945, so as to authorize Chattahoochee County to issue certain revenue anticipation obligations known as revenue bonds for the purpose therein stated.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph V, of the Constitution of the State of Georgia is hereby amended by adding at the end of Paragraph V the following:
"Provided further, that revenue anticipation obligations herein called revenue bonds may be issued by Chattahoochee County herein called the issuer, to provide funds for the purchase, construction, enlargement, or either of facilities, including land, buildings, appurtenances, machinery and equipment, suitable for use by (a) any industry for manufacturing, processing, or assembling any agricultural or manufactured product or (b) any commercial enterprise in storing, warehousing, distributing or selling products of agriculture, mining and industry, or any combination thereof. Such facilities may be leased or sold by the issuer to such industry or commercial enterprise upon such terms as may be agreed upon, subject to the lien of the revenue bonds upon the revenue of the facilities involved. No sale shall be completed and title to the facility shall
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JOURNAL OF THE SENATE,
remain in the issuer until all revenue bonds outstanding secured by the revenue of such undertaking shall have been paid in full.
"The revenue bonds shall be payable, as to principal and interest, only from revenue received from such undertaking, and shall not be deemed debts of, or create debts against the issuer within the meaning of the Constitution; and the issuer shall not exercise the power of taxation for the purpose of paying the principal or interest of the revenue bonds or any part thereof. Such revenue bonds, their transfer, the income therefrom, the security therefor, and until the payment in full of the obligation such facilities shall at all times be exempt from taxation from within the State. Bonds may be issued bearing rate or rates of interest and maturing at the years and amounts determined by the governing body of the issuer and when so authorized the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, as if said obligations had been originally authorized to be issued thereunder. Upon the adoption of this amendment the issuer may proceed to comply with the provisions hereof immediately without any further action on the part of the General Assembly."
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 to the voters 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 Article VII, Section VII, Paragraph V, of the Constitution authorizing Chattahoochee County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce.
"Against ratification of amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Chattahoochee County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce."
If a majority of the electors of said County qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article VII, Section VII, Paragraph V, of the Constitution of this State, and the Governor 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:
FRIDAY, FEBRUARY 19, 1960
849
Those voting in the affirmative were Senators:
Adams
Barrett of 32nd Barrett of 45th Breedlove Brooks Brown Buff Cannon Crowe Culpepper Darby Doster Drew Dykes
Greer
Hays Holton Home Kennedy Kiker Lindsey of llth Lindsey of 63rd Livingston Marshall Marshburn Mercer McGill Nixon
Pannell
Perry Purcell Ramsey Roach Roper Screws Shaw Slade Vaughn Watson Woodall Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 41, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
HR 477. By Mr. Killian of Glynn:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize Glynn County to levy a tax not exceeding one mill on all of the taxable property in the county for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in said county; to provide that such fund may be used to purchase land and erect buildings or other facilities to be rented or leased to industries; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section IV, Paragraph I of the Constitution, as amended, is hereby amended by adding at the end thereof the following:
"Glynn County is hereby authorized to levy a tax, in addition to those already provided for by law, not to exceed one mill, on all the taxable property in the county, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Glynn County. Such fund may be used to pay entertaining, traveling, advertising, and other promotional expenses to encourage the location of industries in said county, and to purchase land and erect buildings or other facilities to be rented or leased to industries."
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
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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 Glynn County 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 industries in Glynn County.
"Against ratification of amendment to the Constitution so as to authorize Glynn County 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 industries in Glynn County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 Barrett of 45th Breedlove Brooks Brown Buff Cannon Crowe Culpepper Darby Doster Drew Dykes
Greer Hays Hoiton Home Kennedy Kiker Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn Mercer McGill Nixon
Pannell
Perry Purcell . Ramsey
Roach Roper
Screws
Shaw
Slade Vaughn
Watson Woodall Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 41, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
FRIDAY, FEBRUARY 19, 1960
851
HR 478. By Messrs. Cox and Matthews of Clarke:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to create an instrumentality to be known as the "Athens Public Facilities Authority"; to ratify and confirm the act of the General Assembly adopted at the 1980 session thereof known as the "Athens Public Facilities Authority Act" and to ratify and confirm all acts of the Athens Public Facilities Authority thereunder; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph V of the Constitution, as heretofore amended, is further amended by inserting at the end of said Paragraph a new paragraph which shall read as follows:
"ATHENS PUBLIC FACILITIES AUTHORITY
The Legislature is authorized to create an instrumentality and department of the State of Georgia to be known as 'Athens Public Facilities Authority' and to provide for its power and functions. The act adopted by the General Assembly of Georgia at the 1960 session thereof known as the 'Athens Public Facilities Authority Act' is hereby ratified, confirmed and made a part of this Constitution with like force and effect as though the contents thereof were herein set out at length. This provision of this Constitution shall be selfexecuting but the Legislature may hereafter enact such supplementary legislation designed to effect the purposes of the 'Athens Public Facilities Authority Act' as it may consider desirable, provided such future legislation is not in conflict with this Constitution. All acts heretofore done by the Athens Public Facilities Authority and all contracts, agreements and proceedings of every nature executed or adopted by the Athens Public Facilities Authority prior to the date as of which this paragraph becomes effective as a part of the Constitution, are hereby ratified and validated and declared to be binding and effective in accordance with their terms."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution to authorize the General Assembly to create the Athens Public Facilities Authority and to ratify and confirm the Act heretofore adopted pertaining to said Authority and to ratify and confirm all acts performed by it pursuant thereto.
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"Against ratification of amendment to the Constitution to authorize the General Assembly to create the Athens Public Facilities Authority and to ratify and confirm the Act heretfore adopted pertaining to said Authority and to ratify and conifrm all acts performed by it pursuant thereto."
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 of 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 Barrett of 45th Breedlove Brooks Brown Buff Cannon Crowe Culpepper Darby Doster Drew Dykes
Greer Hays Holton Home Kennedy Kiker Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn Mercer McGill Nixon
Pannell Perry Purcell Ramsey Roach Roper Screws Shaw Slade Vaughn Watson Woodall Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 41, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
HR 480. By Mr. White of Mclntosh:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the Board of Education of Mclntosh County, Georgia shall be composed of five (5) members to be elected by the people; to prescribe the procedure connected with the foregoing; to designate Education Districts;
FRIDAY, FEBRUARY 19, 1960
853
to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution, relating to county boards of education is hereby amended by adding at the end thereof the following:
"The Board of Education of Mclntosh County shall be composed of (5) members, to be elected as hereinafter provided. For the purpose of electing such members, Mclntosh County is hereby divided into five (5) education districts.
"Education District No. 1 shall be composed of the County at large.
"Education District No. 2 shall be composed of all of Militia District No. 271 and Militia District No. 1771.
"Education District No. 3 shall be composed of Militia District No 1514; any part of Militia District No. 1515 lying West of the Coastal Highway; and all of Militia District No. 1480.
"Education District No. 4 shall be composed of Militia District No. 22.
"Education District No. 5 shall consist of Militia District No. 1312 and all of Militia District No. 1515 lying East of the Atlantic Coastal Highway.
"Each member of the Board shall be elected by the voters of Mclntosh County residing outside of any independent school district therein. 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 shall be eligible for membership on the board unless he has resided in the education district from which he offers as a candidate for at least one (1) years immediately preceding the date of the election. If any members of the Board shall change his residence from the education district which he represents, he shall no longer represent that district, and a successor shall be elected as provided herein. In case of a vacancy on the Board for any cause other than expiration of the term of office, an election shall be held to elect a member from the education district in which such vacancy occurs to fill the unexpired term. Any such election shall be held within thirty (30) days after the vacancy occurs.
"In the event this amendment is ratified as provided in the Constitution of the State of Georgia and approved by a majority vote of the Grand Juries of Mclntosh County empaneled and sworn for the December, 1960 Term of the Superior Court of Mclntosh County, Atlantic Judicial Circuit and the May, 1961 Term of the Superior Court of Mclntosh County, Atlantic Judicial Circuit, it shall be the duty of the Ordinary of Mclntosh County to issue the call for an election, which call shall be issued not less than twenty (20) days nor more than thirty (30) days after the approval of said Act by the Grand Jury empaneled and sworn for the May, 1961 Term of the Superior Court of Mclntosh County, Atlantic
854
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Judicial Circuit. The Ordinary shall set the date for such election for a day not less than ten (10) days nor more than twenty (20) days after the date of the issuance of the call. Such election shall be for the purpose of electing the members of the Board of Education of Mclntosh County created under this amendment. All members elected at such election shall take office January 1, 1962; those members elected from Education Districts 1, 2, and 3 shall be elected for a term of three (3) years, while those members elected from Education Districts 4 and 5 shall be elected for a term of one (1) year, and all members elected thereafter shall be elected for a term of four (4) years. All future election shall be held on the second Tuesday in November and the members elected at such elections shall take office on the first day of January following their election.
"The Board of Education of Mclntosh County in office at the time of the ratification and approval of this amendment, as herein provided, shall be abolished effective December 31, 1961, and the terms of all members of such Board shall expire on such date.
"The County Board of Education, as provided for herein, shall be subject to all constitutional and statutory provisions relating 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, 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 that the Board of Education of Mclntosh County shall be elected by the people.
"Against ratification of amendment to the Constitution so as to provide that the Board of Education of Mclntosh County shall be elected 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 issue his proclamation thereon.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
FRIDAY, FEBRUARY 19, 1960
855
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 Barrett of 45th Breedlove Brooks Brown Buff Cannon Crowe Culpepper Darby Doster Drew Dykes
Greer Hays Holton Home Kennedy Kiker Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn Mercer McGill Nixon
Pannell Perry Purcell Ramsey Roach Roper Screws Shaw Slade Vaughn Watson Woodall Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 41, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
HR 482. By Messrs. Willingham and Reed of Cobb:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing body of Cobb County to levy an annual ad valorem tax to be used in assisting, promoting and establishing new industries and the expansion of agriculture, trade and commerce therein and in furtherance of such to create the Cobb County Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. In addition to the purposes for which taxes may be levied by counties as provided in said Article VII, Section IV, Paragraph I of the Constitution of the State of Georgia the Commissioner of Roads and Revenues and Advisory Board of Cobb County be and are hereby authorized to levy an annual ad valorem tax not exceeding five mills per dollar of assessed valuation on all property located in said Cobb County not excluding any realty homestead exemption, such funds so produced by such levy to be used by said County in aiding and assisting in the promotion and establishing new industries and the expansion of agriculture, trade and com-
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merce therein. Said governing body of said County may appropriate to the Authority (hereinafter created) such amounts from its funds so raised by such levy in each year as it shall determine necessary and desirable and any funds so transferred to the Authority shall become part of its funds and may be used by the Authority in accordance with its powers and purposes as hereinafter provided, or as may hereafter be defined by law;
"B. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Cobb County and its citizens industry, agriculture, trade and commerce within the County of Cobb and making long range plans for such development and expansion and to authorize the levy of taxes and the use of public funds of said County for such purpose and in the furtherance thereof there be and is hereby created a body corporate and politic in said County to be known as the Cobb County Development Authority which shall be an instrumentality of Cobb County and a public corporation, hereinafter in this amendment sometimes referred to as the 'Authority';
"C. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible to reappointment. The members of the Authority shall be elected by majority of the governing body of Cobb County. The first members shall be elected for terms of one, two, three, four and five years and thereafter their successors shall be elected to serve for a term of five years. Vacancies shall be filled for the unexpired term by said governing body. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vancancy shall impair the power of the Authority to act. No member of the Authority shall be a member of the governing body of said County but there shall be no other disqualification to hold public office by reason of membership in the Authority;
"D. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Cobb County;
"E. The powers of the Authority shall include but not be limited to, the power:
"(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of Cobb County;
"(2) To receive and administer gifts, grants and donations and to administer trusts;
"(3) To grant, loan and lease any of its funds and property to private persons and corporations promising to operate any industrial plant or establishment within Cobb County which in the judgment of the Authority will be of benefit to the people of said County. The provisions of this clause shall not be construed to limit any other powers of the Authority;
"(4) To borrow money and to issue notes, bonds and revenue bonds or certificates therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
FRIDAY, FEBRUARY 19, 1960
857
"(5) To contract with Cobb County and other political subdivisions and with private persons and corporations and to sue and be sued in its corporate name;
"(6) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;
"(7) To encourage and promote the expansion of industry, agriculture, trade and commerce in Cobb County, and to make long range plans therefor;
"(8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(9) To designate officers to sign and act for the Authority generally or in any specific matter;
"(10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated;
"F. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Cobb County except to the extent and in the manner as to said County as herein set forth;
"G. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority;
"H. The members of the Authority shall receive no compensation for their services to the Authority;
"I. The Authority with the consent of the Commissioner of Roads and Revenues and Advisory Board of Cobb County is hereby authority to issue Revenue Bonds to carry out the purposes of this amendment. Revenue Bonds so issued shall be paid from the income of the Authority from whatever sources received including appropriations of public funds made to it. Such Revenue Bonds may be authorized by resolution of the Cobb County Development Authority which may be adopted at a regular or special meeting by a majority vote of the members of said Authority. Said Authority in determining the cost of any undertaking for which Revenue Bonds are to be issued may include all costs relative to the issuance thereof as well as engineering, inspection, fiscal and legal expenses, and interest estimated to accrue during the construction period, and for six months thereafter and such bonds shall bear such date or dates, mature at such time or times, not exceeding thirty years from
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JOURNAL OF THE SENATE,
their respective dates, bear interest at such rate or rates not exceeding seven per cent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and the interest thereon so issued by said Authority are hereby declared to be non-taxable for any and all purposes. The governing body of Cobb County by a majority vote of its members at a regular or special meeting is hereby authorized to consent to and approve the issuance of Revenue Bonds by the Cobb County Development Authority which consent and approval may be in the form of a contract between the County and Authority and shall be recorded in the minutes of said body and shall show the amount, the date, the maturities and rate or rates of interest of the said bonds thus consented to and approved and when so consented to and approved shall bind the said governing body of said County then in office and their successors in office or such other authority or body of said County as may hereafter be empowered to levy taxes for the purpose of providing such funds as may be necessary to pay the principal of and interest on the said bonds consented to and approved and to create and maintain a reserve for that purpose. Such bonds issued by the said Authority shall be validated in the Superior Court of Cobb County in the same manner as revenue bonds of Municipalities are validated as provided in Code Sections 87-815 et seq of the Code of Georgia, and in the proceedings to validate such bonds, both the Cobb County Development Authority and the Commissioner of Roads and Revenues and Advisory Board of Cobb County shall be named as parties defendant. In the event no bill of exceptions shall be filed within the time prescribed by law, or if filed, the judgment shall be affirmed by the Supreme Court, the judgment of the Superior Court, confirming and validating the issuance of such bonds, shall be forever conclusive as to the validity of said bonds and the security therefor against said Authority and against the said governing body or other taxing authority of said County;
"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;
"K. This amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose;
"L. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within sixty (60) days after such proclamation;
"M. This amendment is self enacting and does not require any enabling legislation for it to become effective, however, the General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority not inconsistent with the pro-
FRIDAY, FEBRUARY 19, 1960
859
vision of this amendment. The Authority shall be an instrumentality of Cobb County, and the scope of its operation shall be limited to the territory embraced within said County;
"N. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority or obligations of the County to the Authority shall be construed as a debt of Cobb County within the meaning of the provisions of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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 Cobb County to levy an annual ad valorem tax for the promotion of industries, expansion of agriculture, trade and commerce and in furtherance of such purpose to create the Cobb County Development Authority and to authorize the Authority to issue its Revenue Bonds and to provide the method and manner of such issuance and validation and the effect thereof.
"Against ratification of amendment to the Constitution so as to authorize Cobb County to levy an annual ad valorem tax for the promotion of industries, expansion of agriculture, trade and commerce and in furtherance of such purpose to create the Cobb County Development Authority and to authorize the Authority to issue its Revenue Bonds and to provide the method and manner of such issuance and validation and the effect thereof."
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 election 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:
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JOURNAL OF THE SENATE,
Those voting in the affirmative were Senators:
Adams Barrett of 32nd Barrett of 45th Breedlove Brooks Brown Buff Cannon Crowe Culpepper Darby Doster Drew Dykes
Greer Hays Holton Home Kennedy Kiker Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn Mercer McGill Nixon
Pannell Perry Purcell Ramsey Roach Roper Screws Shaw Slade Vaughn Watson Woodall Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 41, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
HR 502. By Mr. Jones of Worth:
A RESOLUTION
Proposing to the qualified voters of Worth County an Amendment to Article VI, Section VII, Paragraph V, of the Constitution of Georgia of 1945, so as to authorize Worth County to issue certain revenue anticipation obligations known as revenue bonds for the purpose therein stated.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section VII, Paragraph V, of the Constitution of the State of Georgia is hereby amended by adding at the end of Paragraph V the following:
"Provided further, that revenue anticipation obligations herein called revenue bonds may be issued by Worth County herein called the issuer, to provide funds for the purchase, construction, enlargement, or either of facilities, including land, buildings, appurtenances, machinery and equipment, suitable for use by (a) any industry for manufacturing, processing, or assembling any agricultural or manufactured product or (b) any commercial enterprise in storing, warehousing, distributing or selling products of agriculture, mining and industry, or any combination thereof. Such facilities may be leased or sold by the issuer to such industry or commercial enterprise upon such terms as may be agreed upon, subject to the lien of the revenue bonds upon the revenue of the facilities involved. No sale shall be completed and title to the facility shall remain in the issuer until all revenue bonds outstanding secured by the revenue of such undertaking shall have been paid in full.
FRIDAY, FEBRUARY 19, 1960
861
"The revenue bonds shall be payable, as to principal and interest, only from revenue received from such undertaking, and shall not be deemed debts of, or create debts against the issuer within the meaning of the Constitution; and the issuer shall not exercise the power of taxation for the purpose of paying the principal or interest of the revenue .bonds or any part thereof. Such revenue bonds, their transfer, the income therefrom, the security therefor, and until the payment in full of the obligation such facilities shall at all times be exempt from taxation from within the State. Bonds may be issued bearing rate or rates of interest and maturing at the years and amounts determined by the governing body of the issuer and when so authorized the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, as if said obligations had been originally authorized to be issued thereunder. Upon the adoption of this amendment the issuer may proceed to comply with the provisions hereof immediately without any further action on the part of the General Assembly."
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 to the voters as provided in Aritcle XII, 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 Article VII, Section VII, Paragraph V, of the Constitution authorizing Worth County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce.
"Against ratification of amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Worth County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce."
If a majority of the electors of said County qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article VII, Section VII, Paragraph V, of the Constitution of this State, and the Governor 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
Barrett of 45th Breedlove
Brooks Brown
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JOURNAL OF THE SENATE,
Buff Cannon Crowe Culpepper Darby Doster Drew Dykes Greer Hays Holton Home
Kennedy Kiker Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn Mercer McGill Nixon Pannell Perry
Purcell Ramsey Roach Roper Screws Shaw Slade Vaughn Watson Woodall Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 41, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
HR 492. By Messrs. Story and Morgan of Gwinnett:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide staggered terms for the members of the Board of Education of Gwinnett County; to provide a term for the County School Superintendent; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution, as amended by an amendment relating to the Gwinnett County Board of Education ratified in 1956 and found in Georgia Laws 1956, page 810, is hereby amended by striking from the seventh paragraph of said 1956 amendment the following:
"All elections thereafter for members of the county board of education shall be held on the same day as the county officers of Gwinnett County are elected every four years, and the members elected shall take office on January 1, immediately following their election. In case of a vacancy on the board for any cause other than expiration of term of office, the remaining members of the board shall elect a person who shall serve for the unexpired term."
and inserting in lieu thereof the following:
"The members of the board elected in 1960 shall be elected for a term of four years and shall take office on January 1, 1961. The members from education districts nos. 2 and 4 who are elected in 1964 shall take office January 1, 1965 for a term of two years. The members who are elected from education districts nos. 1, 3 and 5 who are elected in 1964 shall take office January 1, 1965 for a term of four years. Thereafter, elections shall be held every two years at the same time as general elections are held in the State, and
FRIDAY, FEBRUARY 19, 1960
863
members of the board shall be elected for four-year terms so that the terms shall be staggered. All members shall take office on the first day of January immediately following their election for a term of four years and until their successors are elected and qualified. In case of a vacancy on the board for any cause other than expiration of term of office, the remaining members of the board shall elect a person from the district in which the vacancy occurs who shall serve for the unexpired term."
and by striking Section 2 of the aforesaid 1956 amendment in its entirety and inserting in lieu thereof the following:
"The Board of Education of Gwinnett County shall appoint a county superintendent of schools on January 1, 1961, who shall serve through June 30, 1963. Prior to June 30, 1963, said board shall appoint a superintendent to serve for two years, beginning July 1, 1963, and successors shall be appointed every two years prior to June 30th to take office on July 1st. A majority of the members of said board shall be required to name and appoint a superintendent. Should a vacancy occur, the board is hereby authorized to name a person to serve the unexpired term."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide staggered terms for the members of the Board of Education of Gwinnett County and to provide a term for the County School Superintendent.
"Against ratification of amendment to the Constitution so as to ^provide staggered terms for the members of the Board of Education of Gwinnett County and to provide a term for the County School Superintendent."
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.
864
JOURNAL OF THE SENATE,
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 Barrett of 45th Breedlove Brooks Brown Buff Cannon Crowe Culpepper Darby Doster Drew Dykes
Greer Hays Holton
Home Kennedy Kiker Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn Mercer McGill Nixon
Pannell Perry Pureell
Ramsey Roach Roper Screws Shaw Slade Vaughn Watson Woodall Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 41, nays 0.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed as amended the following Senate bill to wit:
SB 229. By Senator Brown of the 52nd:
A bill to amend an act regulating the preparation, contents, and recording of maps or plats of survey of tracts or bodies of land, so as to change the regulations in certain counties; and for other purposes.
The House has passed by substitute the following Senate bill to wit:
SB 217. By Senator Brown of the 52nd:
A bill to authorize a Commission to hear proposals, and to make recommendations to the General Assembly concerning proposals for and to effect the lease or development, known as the Governor's Mansion Lot; and for other purposes.
The following bill was taken up for the purpose of considering a House substitute therefor:
SB 188. By Senator Greer of the 6th: A bill to amend an act regulating the use of public roads and highways
FRIDAY, FEBRUARY 19, 1960
865
so as to vest the State Highway Board with police powers; and for other purposes.
The House substitute was as follows:
AN ACT
To amend an Act approved March 27, 1941 (Ga. Laws 1941, p. 449), as amended, which relates to the governing and regulating of the use of the public roads and highways of this State by providing for dimensions, length, and weights of motor vehicles and providing penalties for the violation of same, so as to vest the State Highway Board of Georgia with certain police powers and authority to designate, deputize and delegate to appropriate employees of the State Highway Department the necessary authority to enforce the provisions of this Act; to provide law enforcement officers and employees of the State Highway Department with authority to weigh and measure motor vehicles and to order operators of vehicles to drive their vehicles upon scales to be weighed; to provide the penalty for violations of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act approved March 27, 1941 (Ga. Laws 1941, p. 449), as amended, which Act relates to the governing and regulation of the use of the public roads and highways of this State by providing for dimensions, length and weights of motor vehicles, and providing penalties for the violation of the same, is hereby amended by adding a new Section 1A to read:
"Section 1A. The State Highway Board of Georgia is hereby invested with the authority to exercise certain police powers and by appropriate resolution to designate, deputize and delegate to an appropriate member of a truck weighing crew of the State Highway Department the necessary authority to enforce the provisions of this Act with respect to dimensions, length and weights of motor vehicles permitted to be operated upon the public roads and highways of this State. Nothing contained herein shall be construed so as to permit any such designated member of a weighing crew to carry any firearms or weapons for the purpose of enforcing the provisions of this Act."
Section 2. Said Act is further amended by adding a new Section,
to be known as Section 2A, to read as follows:
"Section 2A. Any law enforcement officer or employee of the State Highway Department, authorized to enforce the provisions of this Act, who observes a motor vehicle being operated upon a public road or highway of the State and who has reason to believe that the size of the vehicle or the weight and load of the vehicle is unlawful is hereby authorized to weigh and measure same. If the operator of a motor vehicle sought to be weighed and measured shall refuse to stop upon proper order or to drive the vehicle upon the scales as directed by a person authorized by this Act to weigh or measure the vehicle, said operator shall be punished by a fine not to exceed $200.00. Said operator shall have the right to post an appropriate bond, which shall not exceed $400.00, when any law
866
JOURNAL OF THE SENATE,
enforcement officer or employee of the State Highway Department, authorized to enforce the provisions of this Act, apprehends said operator for any violation of this Act."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Greer of the 6th moved that the Senate adopt the House substitute to SB 188.
On the motion, the ayes were 34, nays 0, and the substitute was adopted.
The following bill was taken up for the purpose of considering a House amendment thereto:
SB 218. By Senator Sanders of the 18th: A bill to amend an act creating the Georgia Ports Authority, approved March 9, 1945, (Ga. Laws 1945, p. 464), as amended, so as to change the provisions relating to the compensation of the members of the Authority; to repeal conflicting laws; and for other purposes.
The House amendment was as follows: Mr. Hollis of Muscogee moved to amend SB 218 by adding at the
end of the second quoted paragraph on the first page and at the end of the sentence on the 31st line on page 2 of the printed copy the following:
"Provided, however, such compensation shall be limited to one hundred (100) days for the chairman and thirty (30) days for each of the other members of the Authority during any one fiscal year."
Senator Brown of the 52nd moved that the Senate agree to the House amendment to SB 218.
On the motion to agree, the ayes were 28, nays 0, and the motion prevailed.
HB 1136. By Mr. Bagby of Paulding: A bill to amend an act known as the "Statewide Probation Act" to provide for group blanket coverage bond for circuit probation officers; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 905. By Mr. Brennan of Chatham:
A bill to amend section 92-3105 specifying corporations and organizations exempt from state income tax, etc.; and for other purposes.
FRIDAY, FEBRUARY 19, 1960
867
The report 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 776. By Messrs. Bagby of Paulding, Hill of Meriwether and Bozeman of Thomas: A bill to amend an act creating the Department of Public Safety, to provide a misdemeanor to impersonate an agent of the Department of Public Safety; and for other purposes.
The report 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.
HR 493. By Messrs. Hall and Scoggin of Floyd: A resolution relative to surplus funds held by the Georgia State Agency for surplus 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 28, nays 0.
The resolution, having received the requisite constitutional majority, was. adopted.
HR 501. By Mr. Hollis of Muscogee:
A resolution to authorize funds for administering provisions of HB 115; 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 30, nays 0.
The resolution, having received the requisite constitutional majority, was; adopted.
HB 947. By Messrs. Twitty of Mitchell, Smith of Emanuel and Underwood of Montgomery:
A bill to amend an act effecting a complete revision of the laws of this state relating to the qualification and registration of the voters; and for other purposes.
868
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 1070. By Messrs. Matthews of Clarke and Bagby of Paulding:
A bill to amend an act providing for the regulation of signs advertising the price of motor fuel displayed by retailers, to change restrictions; and for other purposes.
The report 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 Culpepper of the 7th moved that the Senate resolve itself into executive session for the purpose of considering a message from His Excellency, the Governor.
The motion prevailed and the Senate resolved itself into executive session.
The following message was transmitted to His Excellency, the Governor, through George D. Stewart, secretary of the Senate:
February 19, 1960
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 Roy V. Harris of Richmond County, as a Member of the Board of Regents, for a term beginning February 19, 1960, and ending January 1, 1967. The vote on this confirmation was ayes 47, nays 0.
Honorable James A. Dunlap of Hall County, as a Member of the Board of Regents, for a term beginning February 19, 1960, and ending January 1, 1967. The vote on this confirmation was ayes 47, nays 0.
With kindest regards, I am
Sincerely,
Geo. D. Stewart Secretary of Senate
GDS/r
FRIDAY, FEBRUARY 19, 1960
869
The executive session was dissolved and the Senate resumed the regular order of business.
HR 394. By Messrs. Odom of Camden; Sheffield of Brooks; Parker of Screven; Johnson of Jenkins; Cox of Clarke; and Larkins of Brantley:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for an annual salary, expense and mileage of Members of the General Assembly; to provide for submission of this amendment for rejection or ratification; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article III, Section IX, Paragraph I of the Constitution is hereby amended by striking said paragraph in its entirety and inserting in lieu thereof a new paragraph, which reads as follows:
"Paragraph I. Salary, Expenses and Mileage. The members of the General Assembly shall be paid an annual salary and a per diem expense allowance for each calendar day they are in session in such amounts as shall be set by statutory enactment of the General Assembly. Provided, however, that the salary and expense allowances set by action of the 1961 regular session of the General Assembly shall only be changed so as to apply to the succeeding General Assembly following passage of such change. Members serving on interim committees shall receive actual expense only for services on such committees. The members of the General Assembly shall receive ten (10#) cents per mile for travel to and from their home and the Capitol. The members shall receive no compensation other than as provided in this Constitution for their service as members of the General Assembly; provided, however, the Speaker of the House of Representatives shall receive twelve ($1,200.00) hundred dollars per annum in addition to the regular salary and per diem, as an extra expense allowance".
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for Salary, Expenses and Mileage of the Members of the General Assembly.
"Against ratification of amendment to the Constitution so as to provide for Salary, Expenses and Mileage of the Members of the General Assembly".
870
JOURNAL OF THE SENATE,
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 Brooks Buff Cannon Carliisle Clary Crowe Culpepper Darby Doster Drew
Dykes Gearreld Greer Holt Home Jernigan Kennedy Lindsey of llth Lindsey of 53rd Marshall Mercer Nixon
Pannell Perry Redwine Roach Roper Screws Shaw Slade Watson Woodall Wright Mr. President
Those voting in the negative were Senators:
Adams Barrett of 45th Brown Holton Lanier
Livingston Marshburn Mobley McGill Purcell
Ramsey Sanders Vaughn
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 36, nays 13.
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
The following bill was taken up for the purpose of considering the report of a Committee of Conference thereon:
HB 598. By Messrs. Kidd and Chandler of Baldwin, Scoggin of Floyd, Alien of Bulloch and others:
A bill to provide for the observation, diagnosis, care and treatment of mentally ill persons and their hospitalization, upon court order; and for other purposes.
FRIDAY, FEBRUARY 19, 1960
871
The report of the Committee of Conference was as follows:
To the Lieutenant Governor and Mr. Sparker of the House.
Your Conference Committee on HB 598 has met and agreed with all of the Senate Amendments with the following exceptions:
Senator Carlisle's amendment of changing Section 1 Paragraph 1 defining "Mentally 111 Persons", the Committee recommends that the House version of this section be retained and that the Senate recede from its position.
Senator Sanders amendment of the Subsection (b) of Section 5 in its entirety and by striking subsection (h) of Section 6 in its entirety.
Your Committee recommends that Subsection (b) of Section 5 and Subsection (h) of Section 6 of the House version be retained and that the Senate recede from its position.
Sanders of 18th Holt of 54th Kidd of Baldwin Scoggin of Floyd Alien of Bulloch
Senator Sanders of the 18th moved that the Senate adopt the report of the Committee of Conference.
On the motion, the ayes were 33, nays 3, and the report of the Committee of Conference was adopted.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendment as amended by the House to the following bill of the House to wit:
HB 937. By Mr. Sheffield of Brooks:
A bill to amend an act creating a new charter for the City of Quitman, providing said City may levy a tax for constructing a National Guard Armory; and for other purposes.
The House has passed by substitute the following bill of the Senate to wit:
SB 188. By Senator Greer of the 6th: A bill to amend an act, regulating Use of public roads and highways so as to vest the State Highway Board with police powers; and for other purposes.
The House has passed as amended the following bill of the Senate to wit:
SB 218. By Senator Sanders of the 18th: A bill to amend an act to create the Georgia Ports Authority, so as to
872
JOURNAL OF THE SENATE,
change the provisions relating to the compensation of the members of the Authority; and for other purposes.
The House has adopted the following resolution of the House to wit:
HR 534. By Mr. Twitty of Mitchell:
A resolution resolving that the General Assembly adjourn at 2:00 p.m. on Friday, February 19, 1960.
The following bill was taken up for the purpose of considering House action thereto:
HB 937. By Mr. Sheffield of Brooks:
A bill to amend an act creating a new charter for the City of Quitman, providing said city may levy a tax for constructing a National Guard Armory; and for other purposes.
The House amendment to the Senate amendment to HB 937 was as follows:
Mr. Sheffield of Brooks offered the following amendment to the Senate amendment to HB 937 by adding the following:
By striking from the language quoted as section 1 of said bill the figures "1961" and "1962 and inserting in lieu thereof the figures "1960" and "1961" respectively.
Senator Lindsey of the 53rd moved that the Senate agree to the House amendment to the Senate amendment to HB 937.
On the motion to agree, the ayes were 28, nays 0, and the motion prevailed.
The following bill was taken up for the purpose of considering a House substitute thereto:
SB 217. By Senator Brown of the 52nd:
A bill to authorize a Commission to hear proposals, and to make recommendations to the General Assembly concerning proposals for and to effect the lease or development, known as the Governor's Mansion Lot; and for other purposes.
Messrs. Orr of Wilkes and Twitty of Mitchell offered the following substitute to SB 217:
AN ACT
To authorize a Commission to hear proposals, to consider, to confer with others, and to make recommendations to the General Assembly concerning proposals for and to effect the lease or development, or to otherwise produce the greatest amount of income for the best interest of the State of Georgia, concerning the tract of land owned by the State of Georgia and located in Land Lot 78 of the 14th District of Fulton County, Georgia, and known as the Governor's Mansion Lot, which tract of land was leased by the State of Georgia acting through the Mansion
FRIDAY, FEBRUARY 19, 1960
873
Lease Commission for a term of Fifty years begininng June 1, 1922, and terminating May 31, 1972, (provided no such proposals shall interfere with the rights of the present lessee of said tract of land, without its consent); to provide for the Personnel of the Commission; to present its actions thereon to the General Assembly; to repeal conflicting laws and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA and it is hereby enacted by authority of same as follows:
Section 1. COMMISSION.
(1) Constitution of Commission. There is hereby created a Commission to be known as Mansion Sites Commission to be constituted and created by the Governor, by executive order, consisting of the Governor as ex officio Chairman of the Commission, a member of the House of Representatives of the State of Georgia, a member of the Senate of the State of Georgia, the State Auditor, and two private citizens from the State of Georgia at large; any one of the members of the Commission may be designated Chairman of the Commission by the Governor to serve at his pleasure. The term of service of the Commission shall be terminated as of January 20, 1961, at which time the Commission shall make its report and recommendations to the General Assembly.
(2) Duties and Powers of Commission. Said Commission shall study, investigate and make findings and recommendations to the General Assembly concerning proposals for and to effect the lease or development or to otherwise produce the greatest amount of income for the State of Georgia concerning the tract of land owned by the State of Georgia and located in Land Lot 78 of the 14th District of Fulton County, Georgia, and known as the Governor's Mansion Lot, which tract of land was leased by the State of Georgia acting through the Mansion Lease Commission for a term of fifty years beginning June 1, 1922, and terminating May 31, 1972.
Section 3. No such proposal shall interfere with the rights of the present lessee of the Governor's Mansion Lot property without its consent.
Section 4. No such proposals or agreements pertaining to the Governor's Mansion Lot property shall in any way be binding on the State of Georgia unless and until it has been approved or authorized by Act or by a joint resolution of the House of Representatives and the Senate of the State of Georgia.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Brown of the 52nd moved that the Senate agree to the House substitute to SB 217.
On the motion to agree, the ayes were 28, nays 0, and the substitute was agreed to.
The following bill was taken up for the purpose of considering a House amendment thereto:
SB 229. By Senator Brown of the 52nd:
A bill to amend an act regulating the preparation, contents and record-
874
JOURNAL OF THE SENATE,
ing of maps or plats of survey of tracts or bodies of land, approved March 24, 1933 (Ga. Laws 1933, p. 193), so as to change the regulations in certain counties; to repeal conflicting laws; and for other purposes.
The House amendment was as follows:
The Special Judiciary Committee moved to amend SB 229 by striking from the language quoted as section 4 in section 1 of said bill the following:
"450,000 according to the 1950 United States Census, or any future census, and in all counties having a population of not more than 137,000 nor less than 135,000 according to the 1950 United States Census, or any future census." and inserting in lieu thereof the following:
"In all counties having all or part of a City within their bounds with a population of 300,000 or more according to the 1950 census or any future United States census."
Senator Brown of the 52nd moved that the Senate agree to the House amendment to SB 229.
On the motion to agree, the ayes were 28, nays 0, and the motion prevailed.
HB 803. By Messrs. Twitty of Mitchell, Ray of Warren and Cox of Clarke:
A bill to amend code section 88-105, relating to the Director of the Department of Public Health, to fix compensation of the Director; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 102. By Mr. Murphy of Haralson: A resolution to compensate Mr. Roland Bowman; 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 Breedlove
Brooks Brown Buff Carlisle
Clary Crowe Culpepper Darby
FRIDAY, FEBRUARY 19, 1960
875
Doster Dykes Gearreld Greer Home Jernigan Kennedy Lindsey of llth
Lindsey of 53rd Livingston Marshall Mercer Mobley Nixon Pannell Perry
Redwine Roach Sanders Slade Vaughn Watson Woodall
Wright
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 380. By Mr. Summers of Crisp: A resolution to compensate Mr. J. R. Meeks; 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 Breedlove Brooks Brown Buff Carlisle Clary Crowe Culpepper Darby
Doster Dykes Gearreld Greer Home Jernigan Kennedy Lindsey of llth Lindsey of 53rd Livingston Marshall Mercer
Mobley Nixon Pannell Perry Redwine Roach Sanders Slade Vaughn Watson Woodall Wright
By unanimous consent, verification of the roll call was disipensed with.
On the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following resolution was read and adopted:
SR 151. By Senator Brown of the 52nd:
A resolution commending Chief H. T. Jenkins, Lieutenant E. T. Forrester and Officer B. F. Rains.
876
JOURNAL OF THE SENATE,
HB 1072. By Mr. Smith of Grady:
A bill to amend an act providing for the appointment of an attorney or attorneys to represent indigent defendants in criminal cases involving capital felonies and appeals from convictions thereof; and for other purposes.
Senator Culpepper of the 7th moved that HB 1072 be indefinitely postponed.
On the motion, the ayes were 33, nays 0, and the motion prevailed.
HE 430. By Mr. Blalock of Clayton:
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.
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 29, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Mr. Doster of the 48th District, Chairman of the Committee on Agriculture and Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources has had under consideration the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 741. Do Pass as Amended.
Respectfully submitted,
Doster of 48th District,
Chairman.
HB 741. By Mr. Matthews of Colquitt:
A bill to amend an act regulating the sale of fireworks, so as not to prohibit any resident wholesaler, dealer or jobber from selling such fireworks or the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes, etc.; and for other purposes.
The Committee on Agriculture and Natural Resources offered the following amendment:
Amend HB 741 by inserting in the title thereof, after the words "so as to remove certain exceptions to the provisions of said Act" the words "to provide that any county, city, or municipality shall have the
FRIDAY, FEBRUARY 19, 1960
877
power and authority to assess a license tax; to provide an effective date;".
By adding a new section, to be known as Section 2, to read as follows:
"Section 2. Said Act is further amended by adding thereto a new section, to be known as Section 5A, which shall read as follows:
'Section 5A. It is provided that any county, city or municipality shall have the power and authority to assess and collect a business license tax before any fireworks can be sold.' "
By inserting a new section, to be known as Section 3, which shall read as follows:
"Section 3. The provisions of this Act shall become effective June 1, 1960."
By renumbering the present Section 2 as Section 4.
On the adoption of the amendment, Senator Crowe of the 10th 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:
Brooks Buff Cannon Clary Doster Drew
Dykes Jernigan Kennedy Lanier Livingston Marshall
McGill Nixon Perry Redwine Sanders Slade
Those voting in the negative were Senators:
Adams Barrett of 45th Breedlove Carlisle Crowe Gearreld Greer
Holt Home Lindsey of llth Lindsey of 53rd Marshburn Mercer Pannell
Purcell Ramsey Vaughn Watson Woodall Wright
On the adoption of the amendment, the ayes were 18, nays 20, and the amendment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Crowe of the 10th called for the ayes and nays, and the call was sustained.
A roll call was ordered, and the vote was as follows:
878
JOURNAL OF THE SENATE,
Those voting in the affirmative were Senators:
Adams Barrett of 32nd Barrett of 45th Breedlove Brown Crowe Culpepper Gearreld Greer
Holt Home Lanier Lindsey of llth Linsey of 53rd Livingston Marshburn Mercer Pannell
Purcell Red wine Roach Vaughn Watson Woodall Wright
Those voting in the negative were Senators:
Brooks Buff Cannon Drew
Dykes Jernigan Kennedy Marshall
McGill Nixon Perry Slade
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 25, nays 12.
The bill, having failed to receive the requisite constitutional majority, was lost.
HB 1076. By Messrs. Horton of Putnam and Barrett of Cherokee:
A bill to amend code section 92-3109, relating to deductions in computing net income for income tax purposes, to permit use of methods of of depreciation; and for other purposes.
The report 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 resolutions were read and adopted:
SR 140. By Senators Barrett of the 32nd, Cannon of 40th and Wright of the 42nd: A resolution authorizing Senate Industry and Labor Committee to meet and travel for purpose of promoting location of industries in State.
SR 142. By Senators Buff of the 44th, Perry of the 24th and others: A resolution creating a Senate Committee to study stream pollution; and for other purposes.
The president appointed as a committee the following:
Senators Buff of 44th, Perry of 24th, Mercer of 49th, Cannon of 40th and Redwine of 26th.
FRIDAY, FEBRUARY 19, 1960
879
SR 147. By Senator Dykes of the 2nd:
A resolution requesting State Highway Department to surface the four mile access road to Ft. McAllister.
SR 149. By Senators Culpepper of the 7th and Sanders of the 18th:
A resolution to provide for reimbursement to Lieutenant Governor and Secretary of Senate for certain expenses; and for other purposes.
SR 150. By Senators Sanders of the 18th and Culpepper of 7th:
A resolution authorizing Senate Administrative Affairs Committee to remain at Capitol fifteen days after adjournment; and for other purposes.
SR 152. By Senator Greer of the 6th:
A resolution praising Honorable Eric Holmes, Jr.; and for other purposes.
SR 153. By Senator Greer of 6th and others:
A resolution commending Honorable Otis Nixon, Senator from the 35th District; and for other purposes.
HR 530. By Messrs. McKenna and Thornton of Bibb and others:
A resolution congratulating Mrs. J. Taylor Phillips of Bibb County; and for other purposes.
HR 475. By Messrs. Twitty of Mitchell, McKenna of Bibb, Ingle of Gordon and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the discipline, including courts-martial and non-judicial punishment, procedures and rules of evidence therefor, for members of the militia when not in Federal service.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article X, Section I of the Constitution relating to Militia is hereby amended by adding the following paragraph thereto:
"Paragraph IV. Discipline of the Militia. When not in Federal service the discipline of members of the Militia shall be in accordance with the applicable provisions of the Constitution and laws of the United States, Acts of the General Assembly, and directives of the Governor in his capacity as Commander-in-Chief of the Militia. Notwithstanding any other provisions of this Constitution, the General Assembly shall have the authority to provide for trial by courtsmartial and non-judicial punishment of members of the Militia, for the initiation of charges and subsequent procedures thereon, rules of evidence, venue, and all other matters necessary and proper for the maintenance of a well regulated and disciplined Militia."
880
JOURNAL OF THE SENATE,
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays," taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the discipline, including courts-martial and non-judicial punishment, procedures and rules of evidence therefor, for members of the Militia when not in Federal service.
"Against ratification of amendment to the Constitution so as to provide for the discipline, including courts-martial and non-judicial punishment, procedures and rules of evidence therefor, for members of the Militia when not in Federal service."
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 Brooks Brown Buff Cannon Carlisle Clary Crowe Culpepper Doster Dykes
Gearreld
Greer Home Jernigan Kennedy Lanier Lindsey of llth Lindsey of 53rd Livingston Marshall Marshburn Mercer McGill
Nixon
Pannell Perry Purcell Redwine Roach Sanders Slade Vaughn Watson Woodall Wright
By unanimous consent, verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 38, nays 0.
FRIDAY, FEBRUARY 19, 1960
881
The resolution, having received the requisite constitutional two-thirds majority, was adopted.
The House has adopted the Conference Committee report to the following bill of the House, to-wit:
HB 598. By Messrs. Kidd and Chandler of Baldwin, Scoggin of Floyd, and others:
A bill to provide for the observation, diagnosis, care and treatment of mentally ill persons and their hopsitalization, upon court order; 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 Senate to wit:
SR 84. By Senators Sanders of the 18th and Smith of the 4th:
A resolution ratifying an easement granted by the Governor to the United States of America for the purpose of a safety zone in the Crooked River State Park in Camden County, Georgia; and for other purposes.
SR 89. By Senators Sanders of 18th and Watson of the 36th:
A resolution proposing to the qualified voters of Georgia an amendment to Article VII, Section II, of the 1945 Constitution of Georgia, authorizing levy of a maximum of $1.00 on the sale of every marriage license in Georgia for the purpose of paying pensions and other benefits and costs under an Ordinaries' Retirement System of Georgia; and for other purposes.
SR 104. By Senators Wright of 42nd, Carlisle of 51st and Jernigan of the 5th:
A resolution to authorize the Georgia Academy for the Blind and the School for the Deaf to purchase, maintain and use a passenger carrying station wagon motor vehicle at each institution to transport the students of said schools; and for other purposes.
SB 141. By Senators Sanders of 18th and Culpepper of the 7th:
A bill to amend an act providing for the erection of welcome stations at the entrance of Federal highways into the State; and for other purposes.
SR 143. By Senators Vaughn of 34th and Brown of the 52nd:
A resolution to convey a perpetual easement for street purposes of certain property of Western and Atlantic Railroad; and for other purposes.
SR 154. By Senator Culpepper of the 7th:
A resolution resolving that a committee of two from the Senate and three from the House of Representatives be appointed to notify his Excellency the Governor that the 1960 regular session of the General Assembly has completed its business and is now ready to adjourn sine die.
882
JOURNAL OF THE SENATE,
SR 155. By Senator Culpepper of the 7th:
A resolution resolving that the 1960 regular session of the General Assembly stands adjourned sine die at 4:50 o'clock P. M.
SB 144. By Senator Perry of the 24th:
A bill to amend an act which provides that the Secretary of State shall employ some person or persons to compile the Acts and Resolutions of the General Assembly; and for other purposes.
SB 159. By Senators McGill of 50th and Lindsey of the llth:
A bill to amend an act creating a Livestock and Poultry Disease Control Board, and providing for members, duties and compensation, etc.; and for other purposes.
SB 160. By Senators Lindsey of llth and McGill of 50th:
A bill to amend the "Georgia Seed Development Act" to qualify the terms of the appointive members of the Georgia Seed Development Commission and the Advisory Board; and for other purposes.
SB 168. By Senator Sanders of the 18th:
A bill to amend an act authorizing the chartering and empowering of corporations, amending, revising and perfecting the present corporation laws, to provide for procedure when foreign corporations merge or consolidate into Georgia corporations; and for other purposes.
SB 235. By Senator Mercer of the 49th:
A bill to amend an act establishing the City Court of Metter, to change salaries of Judge and Solicitor of said City Court; and for other purposes.
SB 236. By Senator Lindsey of 63rd:
A bill to provide an increase in the compensation of the Judge and Solicitor of the City Court in all counties having a population not less than 23,700 nor more than 24,200; and for other purposes.
The House has agreed to the Senate amendments to the following bills and resolution of the House, to-wit:
HB 618. By Messrs. Brennan, Cheatham and McGee of Chatham:
A bill to amend an act so as to provide for the use of facsimile signatures by the Clerks of the Superior Court of this State; and for other purposes.
HB 709. By Mr. Rogers of Heard:
A bill to amend an act relating to qualification, registration, of voters, to fix deadline for the registration, provide duties of Board of Registrars; and for other purposes.
FRIDAY, FEBRUARY 19, 1960
883
HB 743. By Mr. Andrews of Hall:
A bill to amend code section 84-1103, relating to appointment of members of Georgia State Board of Examiners; and for other purposes.
HB 772. By Messrs. Duncan and Craven of Carroll:
A bill to amend an act known as "the soil conservation districts law," to provide eminent domain to soil districts for acquiring easements; and for other purposes.
HB 863. By Messrs. Blalock of Clayton and Ray of Warren:
A bill to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act, relating to collection of income taxes and State taxes generally; and for other purposes.
HB 868. By Messrs. Braswell of Wheeler, Bagby of Paulding and others:
A bill to amend an act known as the "Georgia Post Mortem Examination Act," and to provide for the filing of death certificates by medical examiners investigating deaths; and for other purposes.
HB 935. By Messrs. Murphy of Haralson, Ross of Lincoln, Smith of Emanuel, Twitty of Mitchell, and others:
A bill to revise the laws of Georgia relating to the offense of barratry, defining the crime, to prescribe penalties; and for other purposes.
HB 949. By Messrs. Palmer and Twitty of Mitchell and others:
A bill to amend an act relating to motor vehicle licenses, to provide for the fees to be paid for the licensing of motor vehicles for part of a year; and for other purposes.
HB 1012. By Mr. Barber of Jackson:
A bill to amend an act entitled "Revenue-Certificate Law of 1937," bonds issued under the law shall be sold at no less than par; and for other purposes.
HB 1048. By Mr. Murphy of Haralson:
A bill to amend an act incorporating the City of Tallapoosa; and for other purposes.
HB 1082. By Mr. Massee of Pulaski:
A bill to change the compensation of the Tax Collector of Pulaski County from fee to salary system; and for other purposes.
HB 1089. By Mr. Massee of Pulaski:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of Pulaski County, to change the compensation of Clerk of said Commissioners; and for other purposes.
884
JOURNAL OF THE SENATE,
KB 1114. By Mr. McGibony of Greene:
A bill to place the compensation of the Sheriff, Clerk of Superior Court, Ordinary and Coroner of Greene County on a salary basis in lieu of fee basis; and for other purposes.
HB 1120. By Messrs. Willingham and Reed of Cobb, Mackay and Rutland of DeKalb, Blalock and Lee of Clayton:
A bill to provide for establishment of an Atlanta Region Metropolitan Planning District for Clayton, Cobb, DeKalb, Fulton and Gwinnett Counties; and for other purposes.
HB 1121. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A bill to amend the charter of the City of Lithonia, relating to streets, alleys, etc.; and for other purposes.
HR 273. By Messrs. Kidd and Chandler of Baldwin, and others:
A resolution proposing an amendment to the Constitution to provide repayment of medical loans and scholarships by service at Milledgeville State Hospital or other State supported hospital; and for other purposes.
HR 405. By Mr. Singer of Stewart:
A resolution proposing an amendment to the Constitution so as to authorize the construction of an electrical system in Stewart County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
HR 479. By Messrs. Bradley and Keever of Bartow:
A resolution declaring certain property of the State surplus and authorizing its conveyance to the City of Kingston; 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 substitute to the following bill of the House, to-wit:
HB 722. By Mr. Gowen of Glynn:
A bill to fix dower rights in property under option; and for other purposes.
HB 692. By Mr. Shuman of Bryan:
A bill to amend code section 34-1905, relating to voting, procuring of ballot, duties of managers, to eliminate persons unable to read English; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
FRIDAY, FEBRUARY 19, 1960
885
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 490. By Mr. Hill of Meriwether:
A bill to amend an act known as the "Georgia Economics Poison Act," to redefine terms to extend the provisions to pesticides, and "Active Ingredient" ; and for other purposes.
The report 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 resolutions were read and adopted:
SR 154. By Senator Culpepper of the 7th:
A resolution providing that a committee of two from the Senate and three from the House of Representatives be appointed to notify his Excellency the Governor that the 1960 regular session of the General Assembly has completed its business and is now ready to adjourn sine die.
The president appointed as a committee on the part of the Senate:
Senators Marshall of the 28th and Slade of the 14th.
SR 155. By Senator Culpepper of the 7th:
A resolution by the Senate, the House of Representatives concurring, that the 1960 regular session of the General Assembly stands adjourned sine die at 4:50 o'clock P.M.
Senator Ramsey of the 1st, 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 of Representatives:
SR 143.
SR 154.
SR 155.
Respectfully submitted,
Ramsey of 1st District,
.
Chairman.
886
JOURNAL OF THE SENATE,
Senator Ramsey of the 1st, 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 90. SR 94. SB 139. SB 141. SB 144. SB 145. SB 146. SB 147. SB 149. SB 156. SB 159. SB 160. SB 166. SB 167. SB 168. SB 169. SB 175. SB 182. SB 183. SB 188. SB 190. SB 191. SB 193. SB 203. SB 211. SB 212. SB 215. SB 217. SB 184.
FRIDAY, FEBRUARY 19, 1960
887
SB 185. SB 201. SB 202. SB 205. SB 207. SB 208. SB 218. SB 219. SB 220. SB 221. SB 223. SB 232. SB 233. SB 234. SB 178. SB 179. SB 229. SB 236. SR 71. SR 77. SR 78. SR 79. SR 80. SR 84. SR 89. SR 91. SR 93. SR 96. SR 103. SR 104. SR 107. SR 109. SR 114. SR 123.
888
JOURNAL OF THE SENATE,
SR 124. SR 125. SR 126. SR 127. SR 143.
Respectfully submitted, Ramsey of 1st District, Chairman.
The committee appointed to notify His Excellency, the Governor, that the General Assembly had transacted its business and now stood ready to adjourn
sine die, reported that it had dispatched its message to the Governor.
The president announced the Senate adjourned sine die at 4:50 o'clock P.M.
OFFICERS
OF THE
STATE SENATE 1960
GARLAND T. BYRD
PRESIDENT
______ ...........
TAYLOR COUNTY
Lieutenant Governor
CARL E. SANDERS............................................. President Pro Tern
RICHMOND COUNTY
GEORGE D. STEWART ................................................... Secretary
FULTON COUNTY
LAMONT SMITH
............. Assistant Secretary
TATTNALL COUNTY
THAD GIBSON........................................
LEE COUNTY
Reading Clerk
REBECCA CAUSEY
...............
DOUGLAS COUNTY
Journal Clerk
ANN DUNCAN ....... ..............................................Calendar Clerk
FULTON COUNTY
HENRY CASTLEMAN _.................................... ..... __ Doorkeeper
FULTON COUNTY
KELLEY QUILLIAN ..........................................
BARROW COUNTY
Messenger
ANN WEBB
..
......
FULTON COUNTY
Message Clerk
Senate Journal 1960
Regular Session
Part I--Alphabetical Index Part II--Senate Bills and Resolutions Part III--House Bills and Resolutions
892
INDEX
PART I ALPHABETICAL INDEX
(For numerical index, see Page 933)
Abandonment and Bastardy; amend Statewide Probation Act, SB 177_--_---------------------._...--.-_.__.-...._.-----~141, 163, 313
Abandonment and Bastardy; amend Statewide Probation Act, HB 617--------------------------_------240, 245, 292, 416, 446, 457, 600
Abandonment and Bastardy; suspend sentence, certain cases, HB 623--------.--------------------------------240, 245, 292, 446
Abandonment, Child; effect of acquittal in certain cases, HB 724___------------------------------------......240, 246, 292, 365, 424
Address by Coach Wally Butts.----.----------------------------------------..70 Address by Hon. George B. Hamilton.--__.____._..._......--_._-.__...................152 Address by Dr. Louie D. Newton................__.._------_------------... _._.,,_.____272 Address by Senator Richard B. Russell.--------------------_------------------.316 Address by Senator Herman E. Talmadge......_.._.__....._.__.----------___.------_--_316 Address by Governor Ernest Vandiver_-_----...--_----.._..----------_.----......... ...8 Address by Judge George Wallace..----_--------____------------________----._...--128 Adel, City of; new charter, HB 1104----------------------514, 522, 606, 675, 689 Additional State Services; methods of financing,
committee to study, HR 299_--------------__._----_--------------.........180, 229 Adjournment of General Assembly; provide for time of, HR 534----......... ... 872 Administrative Affairs Committee of Senate, hold over, SR 150..--..--... --......-.879 Administrators and Executors; non-resident, qualifications,
SB 155------.---------.-----------_.-_--------_84, 92, 227, 233, 282 Adoption; consent by parents binding, HB 642--------_......390, 396, 441, 488, 493 Advertising; prohibit untrue and misleading, SB 231------------.------ 395, 441 Agricultural Development Authority; grant additional
powers, HB 349--.......--.............--.------------------------356, 358, 400, 446, 492 Agricultural Matters, Director of; add to membership of
Board of Regents, HR 491.____--------------.--._--__.............------........708, 729 Agricultural Products; promote, HR 331------------------..--139, 142, 164, 227, 280 Agriculture, Commissioner of; add to membership of
Board of Regents, HR 358--.------------....----------.....357, 359, 401, 614, 692 Agriculture, Commissioner of; impose fines, HB 774--_____241, 247, 293, 446, 460 Agriculture, Commissioner of; compensation, HB 681----180, 187, 220, 252, 276 Agriculture, Department of, advisory committee to State
institutional farms, HB 587--------------------------.___._----.48, 50, 68, 70, 136 Agriculture and Natural Resources Committee; to make
interim inspections, SR 122--------------__.............__._.._.._....__..._____489 Ailey, Town of; change name to City of, HB 1118...............506, 523, 607, 676, 691 Albany, City of; board of water, gas and light
commissioners, HB 1022------.........--------__.--------.. 469, 477, 530, 611, 617
INDEX
893
' Albany, City of; corporate limits, HB 1002------------------432, 437, 485, 610, 616
Albany, City of; tax assessors, HB 1021------------------469, 477, 530, 611, 617
Alcoholism Commission; transfer to Department of
Public Health, HB 649.--------------------214, 216, 251, 294, 354
Alma, City of; corporate limits, HB 662----------.----.173, 186, 219, 252, 257
Alma, City of; system of lights, HB 605.-.------.--.---..95, 121, 143, 197, 199
American Sumatra Tobacco Company; compensate,
HR 234----...------------------------------------303, 309, 363, 486, 500
Americus, City of; corporate limits, HB 890.....----------285, 289, 311, 402, 406
Anderson, Hoyt; compensate, HR 354------------------------.303, 309, 363, 445, 464
Appeals; records on, provide for corrections, SB 192--.--.------........... 215, 249, 297
Appling County; land conveyance, HR 409----..------------------.357, 360, 401, 402
Appointments:
Adams, Hon. Wallace...------------------------------------.-------- ..--------824
Aderhold, Dr. O. C------------------_...------._--------------.........----..._.._..822, 826
Allcorn, Hon. Frank, Jr.--......--------------...--_--.._..__,,----...------------ ..._______.824
Arnold, Hon. Robert 0-- --... .....-------- ....... .... ._..... 827
Atwood, Hon. Frank... ----.....----.._--._.--____..----__.__----.____.____--._______.... -830
Aultman, Hon. Andrew J--______--_--......----........---.....----._._..----------.........822
Barnard, Mrs. Hattie------.......__--------..._------..._---- ... .__.........----------...825
Bell, Hon. Griffin......._.._.--._.._...--__....._.._..__.......----.__..--------------...823
Bell, Hon. Hall...---.....---.-....--.---_...__--_.....-----------......-.----------831
Blackwell, Mrs. Gladys.-__.....------.....__..__....-.......----_--......__..------ 825
Bloch, Hon. Charles J.............,, .............._._..__...._..........._..._........._....----823
Boone, Dr. Toof A. _________________________________._____.__.----------__--------822
Boyd, Dr. J. E._...--__.......________________..._.......__._..........__.--.............------827
Boykin, Hon. Samuel J..----------... .........__._...._.__...._......--------.................824
Branch, Hon. Harllee, Jr........... . ........_.....___------_----.--------825
Brown, Hon. Harry L.------------__...___._____._._.__...._._.._..__.830
Brown, Hon. R. J._--------___...--------------...___._,,__.__.------------------.831
Bryan, Hon. Morris M., Jr...------------_.____._.._--.----------------827
Buckner, Hon. W. Ernest----_..._...._..._._.._._..__.___......____--------------831
Caldwell, Dr. Harmon--_...._--------_..__......_.__..__.__..----------------.827
Callaway, Hon. Howard__._.----_...__..------------...--------------------_826
Campbell, Hon. Phil.----...__._......._.____..___.___......----------------825
Champion, Hon. Joe S------------...._.------.__..__.._._,,_----------------830
Cheatham, Hon. J. M..--------___________.._......_------.----...--------------------826
Clason, Hon. J. K------------_.._....._.._._.___________----------------827
Crisp, Mrs. Charles.-------..--------.-_--.-_--.----_----.--..-.-..------------------823
Culpepper, Hon. George B., Jr....----------.--------.._..----------..._--------..........828
Davidson, Hon. Charles L., Jr....... ..----------------_--------
... 822
Davis, Hon. Robert T...---------....__------___------.,,..___._.........._.___........_821
Deal, Dr. Albert M--------------_._...__.__....--------__..._.,,.._.........._.._._825
Dean, Hon. John Edward._............_.----.._.._..____.......----------------------------831
Dean, Hon. William TV.....--------......--------.......--------...----------------------829
Dodd, Hon. Lamar....----....._........----....--_.._...........--.............------------...821
894
INDEX
Duke, Dr. Hugh B._----___.___.----_------_----------._--_------___........821 Duncan, Hon. Ebb--------____......__._----__.._............._.............__........826 Duncan, Hon. John...--___------_--__----...--___----____.___._................825 Dunlap, Hon. James A.____--____________________________.__,,____868 Estes, Hon. William J._--------____------_____________________..___825 Feldman, Hon. A. L._______.__..................._____._,,_____..........__827 Polger, Hon. John D. M...____________.....____,,____,,._.______.__830 Forbes, Hon. Ted M.._____________________________________..........829 Garrett, Hon. Charles........._..__.._.___....__._____...._____.__.----830 Geer, Hon. Peter Zack...___............__..____________________-_____823 Gilbert, Dr. W. E.-_____.__________.______.__-__________827 Gillem, Hon. Alvan C.__...__...___....____________________-830 Godwin, Dr. John T.__________......__,,__...___._..._._.._............_____826 Goode, Hon. Carter.....................__.___...__........___.__.________830 Grantham, Hon. Jack L.__.._....__.....__.______________________830 Gray, Hon. James H.-____.____..._...____________________.............823 Greene, Hon. Thomas E., Jr._________________________......___....__.824 Greenway, Hon. Carlos......,,.__________.._______._.______________..821 Grimsley, Hon. A. Frank___._________-________.__....______________..830 Gross, Hon. Frank.--.._____________________________________________........821 Hailey, Dr. Hugh------______________--____--_____._--__-__........829 Hall, Hon. J. Battle .........._.............- .................------___------------___.822 Hamrick, Hon. Earl._________________________________________.830 Harden, Hon. Willis N._____.......__________________________._______-829 Harris, Hon. Roy V. ....................._____......._.....____--------__------_822 Harris, Hon. Roy V._._________________________________________.____868 Harris, Hon. William Clair__._____________________.____.______________824 Harrison, Dr. E. D._____----__________.____.__--_____--_________..___826 Harrison, Dr. W. B._____________________________......._._..--......____.___,,_827 Henderson, Miss Lillian.------------____.----__________--_--_--_._..__830 Herrick, Dr. Allyn M. ........ ........__..-........._..----._________.__________822 Hogg, Hon. Robert H._----__.................______._.._._._,,_______824 Hollis, Hon. Howell____-______......_._____..____..___.._.._._._...__828 Holt, Dr. J. T. ...__________________________________________821 Jarrell, Miss Ira_--____----_....____--____,,_...___....._._...--..__.........823 Jenkins, Hon. Charles R.._.__------__----__--_------------_--_.----................-830 Jewell, Hon. Houston------,------__------_--_--___--_--_--_.....__..821 Jordan, Hon. Charlie, Jr.----------____.__________.__-_____________829 Jordan, Hon. Robert H----____________________,,_______----__......829 Kelley, Hon. B. B___________________________________________828 Kiley, Hon. Walter P._______._______----______...................___.___..__820 Kimbrough, Hon. William H._______------____________________.........829 King, Dr. George_.___..._.._____._______....__.___________825 King, Hon. Joe N.....__________________________....___.----__..-824 Langford, Hon. James B._----_________._________________________822 Lawrence, Hon. Alexander A...___.._..._..._._______.__________________823 Lawton, Hon. D. B........... _----_________________._._._._______._,,.___.___826
INDEX.
895
Leard, Dr. Tyler--..------------------------------------...........828 Lee, Hon. Robert E., Jr.-...-.-......-.-....-.....--....-....._._____----_____----__--____827 Livingston, Dr. D. M._________--_~__.....................__......__------__.....821 Lowery, Hon. Roscoe___--_____---_------_______.._.,,...__----_,,----------_-829 Lund, Dr. H. 0.-....-..-...--......--.......--....-.--..-.---.----___--_----.----828 Lyle, Mrs. L. H.-__----______________-_..._......_........................828 McCarty, Hon. Ottley__--...--.--__--_....--.---_-------.----__---_--__...827 McDonald, Hon. Walter..-.........--.-...---.....--.----.,____-_-_____-----------821 McDonough, Hon. John J.______._...-.........-.__.___........__.................822 McKenna, Hon. Andrew_.......-.--........_____________----...------_.____831 McLanahan, Hon. John J. .._._.._..--______._..-..--__----__--.----______--..._.___.-.--...821 Mann, Hon. J. W.--~~----_--------___-_--_--_.._._.__-,.......-.....-828 Martin, Hon. George L.._--.....------__-._..-.--.-........-......-...-......__._-_.-.....__.,..821 Matthews, Hon. Chappelle-..._....-..-.._...--._....-......-..-.._............-....-._._........-_..826 Medlock, Hon. Randolph................................__.....---._..........----.,_____.__--.828 Middlewood, Hon. R. W. ....,,-......__._..-.._.....-........-....._...-.-.........,.......--...826 Milford, Dr. J. Hubert-......--........_...--..__..-...._.._.-........_____________ 825 Mitchell, Hon. James H._.____--______________...__.------...--.._.......__--....825 Mobley, Hon. Carlton....--...,........--......._.._..--......_-__________________824 Morrow, Hon. Troy G._~__----------------.-____.___.______.____-.........831 Murray, Dr. C. C.--....._.............._.....-....__......__...__.__...-.........--_...825 Musgrove, Hon. Downing......___...........___________._._...--....._......829 Myrick, Hon. Shelby, Jr.............-.......--........--..,.___---....--_____----._--......824 Neely, Hon. Prank H.________._________________,,__,,_______________....825 Nixon, Hon. C. 0.--.........._.......-...._...-...,_....-.-.,__.._____...____..............829 O'Rear, Dr. Harry B.____________________......________._______________826 Owen, Hon. James C....----...----......__..........__.._....___...____........822 Owens, Hon. Hubert B. . ___________________________________________..........824 Ownby, Hon. O. Gene...----____----_.._..........____--..._.___.__.._._._.._,,.-828 Pannell, Hon. Alien.....----.......----....__________.....__..____.__....820 Pauley, Hon. William....--.,.._._..._________________--_______....______.__......._._.._....._._825 Pennington, Hon. Brooks, Jr..._._.._..._..______________________________.__..___.828 Perry, Hon. H. Holcombe, Jr..........._.__....._._.._......._._._..._..._.........__.......823 Pittman, Hon. Carter..__....................___..........__.____........_...__.....__..823 Pope, Hon. C. F. Flannery...........--_________._____.___.__..._________830 Purcell, Dr. Claude ._.___.._.--___________________________________,,_____..........827 Quillian, Hon. Joseph D.......___________._____,,______________..._.._.........824 Raiford, Dr. Morgan..--.--.--_._.,.._....._...._._____._._._________.__........827 Rayle, Dr. Albert A., Sr._..__________________________...__..._..._.____......829 Reiley, Hon. R. L.-_____---______--,,--.__------_____......______________......824 Satterfield, Dr. E. Wayne...._________________._._.____.___._.__._822 Schaefer, Dr. Bruce......_______........,......_..____.__.____._________826 Sessoms, Hon. Alexander..............__._......___.....______._._.____..822 Shepard, Dr. Duncan....--...__.._._._____._.______._________.....__.829 Short, Hon. Jack......_...___________...__________.________________.__831 Shorter, Hon. Edward S.____________-___.___-_._______.____.___820 Smith, Hon. George L., III___________._.__,,..._________..______.__.___827
896
INDEX
Smith, Hon. William E----.------...------..------ ------------------------822
Steele, Hon. Tom.--------------....------------------------------........... 820
Stevens, Dr. James B. ......................................
828
Stone, Hon. Paul S....................................................
829
Suttles, Dr. W. M..-.-------..------.---------------. ----------..---- .. 826
Sweat, Hon. Lonnie E..----------.--------_.--------._-----------_--------829
Tabor, Hon. Floyd--..--___------__------.----___--------...-._-------- ... 828
Thwaites, Hon. Joel S. ............. ........... ......_... ...... 830
Tichenor, Hon. Henry----..--_--------.-------------------- ..._------------------ 821
Trotter, Hon. William P. .................................
824
Troutman, Hon. Robert B. ...........................
824
Twitty, Hon. Prank S. ...................................................... ..........822
Venable, Dr. John..--.__--.--_..----.----._--...----__---__------------..826
Wallace, Hon. Robert B., Jr....
..--.--- ----..... 825
Watson, Hon. Tyre....... ._..---...-.-- ....... --.___--. 823
White, Hon. John B..._ -.____..---..-------------------------------- 830
Wight, Hon. Ward, Jr. --_.--,,,, ... .___-_--------------._,,...828
Williams, Hon. Charles L.._.
... -,,.-- --...--------____.................. ...828
Winter, Mrs. Mary C..-----------------------------......................................... 823
Woodall, Hon. J. H., Sr..---------__--_-----------------------.-.823
Wright, Hon. Robert B., Jr.. ... _._.... --._.---__--------.------------ ...822
Youmans, Dr. T. Benjamin, Jr.------------------_---....--...._.__.--.._....--_.._.827
Young, Dr. Florene--------------_____-_--.-__---------------------.......828
Appropriations; amend General Appropriations Act,
funds available to certain State agencies, HB 799.----213, 217, 251, 312, 385
Appropriations; amend General Appropriations Act, repairs
to committee rooms for General Assembly, HB 591-...- 214, 216, 250, 312, 382
Appropriations; amend General Appropriations Act,
schools and institutions, HB 657........--......--.........-.--118, 123, 145, 445, 459
Appropriations; leases with State Authorities,
SR 103....-..........---------------..-----.216, 250, 312, 379, 426, 808, 887
Archival Building; committee to study construction of,
HR 433----------.------------...---.----394, 440, 444, 486, 533, 589
Athens, City of; ad valorem tax, HB 794--.----------176, 190, 222, 253, 270, 600
Athens, City of; close certain streets, HB 976--------------429, 437, 484, 535, 540
Athens, City of; recorder's court bonds, HB 797.----------176, 190, 223, 253, 263
Athens, City of; terms of mayor and aldermen, HB 795--176, 190, 222, 253, 263
Athens-Clarke County Industrial Development
Authority; create, HR 445--..----------------------------510, 526, 609, 676, 780
Athens Public Facilities Authority; create, HR 478------.------.658, 713, 719, 851
Athens Public Facilities Authority Act; create, HB 796.....511, 516, 602, 673, 680
Atlanta, City of; assume liabilities for annexed
property, HR 459-------------------------------------596, 599, 671, 716, 800
Atlanta, City of; airport property, HB 1097....------------655, 661, 711, 716, 815
Atlanta, City of; grant easement to, HR 389------------...-.391, 399, 444, 487, 544
Atlanta, City of; Municipal Court, SB 151------------.----------65, 87, 95, 98, 138
Atlanta, City of; solicitor of City Court, SB 230.----. ...... 395, 441, 488, 489, 502
INDEX
897
Atlanta, City of; retired employees, HB 875----------------.242, 248, 294, 364, 373
Atlanta, City of; retirement of members of fire
department, HB 738......------.--------------------____.---175, 188, 220, 252, 260
Atlanta--Fulton County Recreation Authority, HB 999- . 655, 660, 710, 716, 812
Atlanta Judicial Circuit; assistant solicitors
general, HB 996----
_................... .....511, 518, 603, 671, 674, 683
Atlanta Region Metropolitan Planning District;
create, HB 1120---------------------__----...............594, 599, 669, 720, 750, 884
Augusta, City of; election of mayor, HB 1158--------------651, 666, 715, 719, 818
Austell, Town of; corporate limits, HB 957.............._.....-.--430, 436, 482, 535, 541
Avera, Town of; amend charter, referendum, HB 1034----469, 478, 530, 611, 618
B
Bacon County; primary elections, HB 624-...........--.-----.-82, 86, 93, 125, 131 Bainbridge, City of; employees' retirement, HB 1164 ,----651, 666, 715, 719, 819 Baldwin County, commissioners; time of elections,
HB 594----.----.----------------------.__.._-.---------95, 120, 143, 197, 199 Baldwin County; County depositories, HB 595--------------95, 120, 143, 197, 199 Baldwin County; powers of commissioners, HR 449------509, 527, 610, 676, 791 Banking Laws; amend; branches, HB 712--......_.--......---- 183, 193, 224, 255, 276 Banking Laws; amend; fees to cover cost of
examination, HB 707...... -..------------------------------161, 162, 196, 447, 452 Banking Laws; amend; prohibit new private banks,
HB 708------.-- _----_------------------161, 162, 196, 487, 642, 709 Bankruptcy; effect of recording petitions, HB 626------.118, 123, 145, 447, 457 Banks County; commissioners of roads and revenue,
HB 1096.----------------------__._..__._------.------.514, 522, 606, 716, 723 Barber Examiners, State Board of; create new
board, SB 94...._..........._................_.__--------... _--____-- _..------_. ,,._... .89 Barratry; joint committee study legislation
relating to, HR 420------------------------------__--.434, 439, 485, 718, 731 Barratry; revise laws relating to, HB 935------------592, 599, 668, 720, 731, 883 Bartow County; salary of coroner, HB 953------------------.430, 435, 482, 535, 540 Bastardy & abandonment; Statewide Probation Act;
amend, SB 177...........-..----....----------------------..----------------141, 163, 313 Bastardy & abandonment; Statewide Probation Act,
HB 617.----------....__--------..........----------....._240, 245, 292, 416, 446, 457, 600 Bastardy & abandonment; suspend sentence, certain
cases, HB 623--------....................----------._____________----------240, 245, 292, 446 Baxley, City Court of; compensate solicitor, HB 911--------301, 305, 360, 401, 406 Baxter, Mrs. Maggie C.; compensate, HR 183__----------303, 308, 363, 486, 499 Berkeley Pump Company; compensate, HR 144------------302, 308, 362, 445, 463 Bibb County; levy tax for hospital & medical care;
SR 109--------------------------------------287, 310, 312, 412, 465, 808, 887 Bibles, Holy; suspend sales tax on, HR 328----------------242, 249, 294, 312, 385 Billboard Control Act; urge passage of, HR 396--.------_------------182, 230
898
INDEX
Bills of Exceptions; duties of clerks of Courts, HB 744----240, 247, 292, 403, 424 Bills of Sale; covering crops, HB 625.. ........140, 141, 163, 197, 207, 295, 353, 449 Blackshear, City Court of; solicitor's salary, HB 914----301, 306, 361, 610, 614 Blakely, Town of; change name to City of, HB 678----.-- 173, 186, 219, 252, 259 Blind, Georgia Factory for the; amend act creating,
HB 275------------.----------------------.----118, 123, 145, 614, 641, 708 Blitch, Mrs. Iris; invite to address joint session,
HE 397........--.--......--.------.--_------.-...._..____..._........_.._._-___._______.__....-. 182, 230 Blood; labeling of as to race, HB 378--------------.._..........------------650, 659, 709 Board of Barber Examiners; create new State Board, SB 94......... .._.........._.....__ _____89 Board of Corrections, State; commend, SR 82---------------.._....---- ... ._.... ._......31 Board of Corrections, State; transfer certain prisoners
to Milledgeville, HB 761--------------------------------657, 667, 715, 721, 837 Board of Corrections, State; transfer lands in Putnam
County to, SR 94.........__.120, 143, 164, 166, 211, 473, 537, 589, 643, 645, 886 Boards of Education; members' salary; certain
counties, HB 993....... _......._--------------------.------_ ..507, 518, 603, 674, 682 Board of Education, State; provide funds scholarships
for teachers, HR 357............................_------------_..----. .657, 663, 712, 834 Board of Foresters, State; amend act; SB 153...._.._..._.__._.____.__._._.............._66, 87, 295 Board of Funeral Service; definition of apprentice,
SB 232--------_--.-----------------.--..----395, 441, 536, 545, 589, 740, 887 Board of Hairdressers, State; and Cosmetologists;
create new board, SB 95_____._.___-__.____._._................ ..................................89, 105, 151 Board of Health, State; add psychiatrist to staff,
HB 647---------------------------..--..---..........------96, 122, 144, 165, 207 Board of Health, State; power of Director,
SB 145---------------------------------- .....49, 67, 126, 167, 210, 707, 886 Board of Regents; add Commissioner of Agriculture
to membership, HR 358______--..___--__--_.._...-.._........_........357, 359, 401, 614, 692 Board of Regents; add director of agriculture matters
to membership, HR 491----......--------.._.........-......_............................... .708, 729 Boats; create Georgia Motorboat Numbering Act,
HB 764------_--_---.----.---_----.--.--.._-------507, 516, 601, 673, 701, 745, 758 Bond Law, Revenue; bonds sold below par, HB 1012....505, 519, 604, 718, 751, 883 Bonds, Fidelity; State Employees; Supervisor of
Purchases, SB 129--....----------. --.........---- 23, 28, 29, 42, 63, 97, 298 Bonds, Revenue; actions to validate; filing of
petition, HB 971_..----_.......----------......-- ...-.... ...... 468, 476, 529, 614, 702 Bonds, Revenue; notice of elections; bonded
indebtedness, HB 970----......------.... .-...----------468, 476, 529, 614, 702 Bowling; rolling of tenpins by minors, HB 633--------------------... --65, 67, 88, 137 Bowman, Roland; compensate, HR 102.........._.....--------_------662, 712, 811, 874 Boy Scouts; proclaim 1960 Golden Anniversary
Year, HR 269...._..--------.............--------........................._ .... .... ....... ........ 25 Bradford, Grady and Lunsford Neal; compensate,
HR 128.. ...--_--......-------------...--------------.--------.---302, 307, 362, 612, 637
INDEX
899
Bremen, Town of; extend corporate limits, HB 1049--------470, 479, 531, 611, 620 Brooks County; create development authority,
HR 316------------------------------------------178, 193, 225, 253, 325 Brooks County; State Park Development, HR 382---------508, 524, 608, 672, 750 Brown, Senator Charlie; commend, SR 131------------------...----------------644 Brown, Senator Charlie; remarks by concerning
Board of Education Resolution--------------....--------....----.--------.------.114 Brunswick, City of; streets; pension system, HB 987-----432, 438, 484, 674, 681 Brunswick, City Court of; compensation of certain
officials, HB 910----------.._._...------------------301, 305, 360, 401, 414, 654 Brunswick Judicial Circuit; salary of judge, HB 609--------65, 66, 88, 147, 159 Brunswick Ports Authority; create, HR 367-- ----------393, 398, 443, 487, 553 Budget Bureau; establish working hours for
State employees, SB 147------------........----49, 67, 94, 136, 151, 393, 886 Budget Bureau; operation and members, HB 583.-------- ...... -47, 49, 68, 69, 108 Bulloch County; clerk, Superior Court; compensation,
HB 973----------------------------------------------429, 437, 484, 535, 540 Bulloch County; commissioners; compensation of
chairman & clerk, HB 821------._--------------.--------178, 192, 224, 253, 269 Bulloch County; ordinary; place on salary basis,
HB 822--------------------------.........------------------178, 192, 224, 253, 270 Bulloch County; sheriff's salary, HB 824------------.-----178, 192, 224, 253, 270 Bulloch County; tax receiver & collector, HB 823------ --178, 192, 224, 253, 270 Burton, Hon. Joe and Hon. Ben Fortson; commend
for services, HR 519--_--------____------____----.-....._.............. --657, 696 Business Licenses; provide for; certain cities,
HB 1007----------------------.--------------------------510, 518, 603, 674, 683 Butler, Jack; compensate, HR 315--------------------------508, 524, 608, 720, 753 Butts, Wallace; invite to address General Assembly, HR 288------.------ -26, 27 Butts, Wallace; joint session to hear, HR 301------------------. ..--....-- ---- 38, 45
c
Calhoun, City of; corporate limits, HB 916--------------301, 306, 361, 402, 407 Camilla, City of; corporate limits, HB 769------------ .....175, 189, 222, 365, 369 Catoosa County; commissioner's salary, HB 1053---------652, 661, 711, 716, 813 Catoosa County; tax commissioners,
SR 114--------------------..--------434, 481, 487, 578, 579, 590, 808, 887 Cave Springs, City of; ad valorem tax rate, HB 1058----...471, 480, 532, 611, 621 Cedartown, City of; corporate limits, HB 895--------------285, 289, 311, 365, 374 Cedartown, City of; corporate limits, HB 896----......----....286, 289, 311, 365, 374 Charlton County; sheriff and ordinary, salary
system, HB 991....----------------------------....----432, 439, 485, 674, 682 Chatham County; commissioners to levy sales
tax, SR 111- ------------------------------- 358, 400, 445, 578, 590 Chatham County; fire protection outside corporate
limits, SB 178------ ----------------------------161, 195, 252, 256, 298, 433, 887
900
INDEX
Chatham County; maintain facilities for utilities,
SB 179 ---------------.-------------------162, 195, 252, 256, 298, 433, 887
Chatham County; pension board, HB 849-------------178, 192, 224, 401, 415, 655
Chatham County; tax commissioner's compensation,
HB 1051..--...-------.------------------------------- ...470, 481, 533, 611, 620
Chatsworth, City of; corporate limits, SB 190--214, 249, 364, 366, 426, 653, 886
Chatsworth, City of; close certain streets,
SB 202---------_------_------------------__--------244, 290, 364, 367, 426, 653, 887
Chattahoochee County; issue revenue bonds, HR 464 ..----656, 664, 713, 718, 847
Chattanooga, City of; committee to inspect State
property, HR 340---------------------------------- ...... . .70, 80
Checks; penalty for issuing worthless checks, HB 576---- ._.. ---- 284, 288, 310
Chickamauga, City of; provide for electric system,
HB 873------.--------------. 285, 288, 311, 364, 372, 496
Child abandonment; effect of acquittal in certain
cases, HB 724.--...____._--._.....------_.........--.------ __..---- 240, 246, 292, 365, 424
Children; minor, custody of, SB 228--...--------... ..._..__ .-...._-------- 395, 440, 612
Cigarettes; furnishing to minors, HB 634--------------------284, 288, 310, 365, 425
City Center, Inc.; ratify lease with W&A RR, SR 99---- .----185, 218, 228, 282
City Court; salary of judge and solicitor, certain
counties, SB 236------...------....------------515, 601, 610, 677, 705, 882, 887
Civil Defense Structure; committee to study, SR 100----.185, 218, 254, 297, 353
Clarke County; establish districts, HR 336--------------...181, 194, 226, 254, 343
Clarke County; establish water, sewerage and fire
districts, HR 446......----........------........_.......___.__......__. _.509, 526, 609, 677, 785
Clarke County, University of Georgia and Athens
Chamber of Commerce; express appreciation to, HR 290 _._._._..__.. 26, 28
Clarke County; Magistrate's Court, create, HB 997--------432, 439, 485, 535, 543
Clarke County; police ordinances, HR 339----------------181, 195, 226, 253, 349
Clarke County; provide building permits, HR 337----_--.181, 195, 226, 254, 345
Clarke County; paving of streets, HR 335 ..--------_------181, 194, 226, 254, 341
Clarke County; require business licenses, HR 338..------ .,181, 195, 226, 254, 347
Clary, Senator Eulond; congratulate, SR 74 .............. --------...------..._------------..27
Clary, Senator Eulond; acknowledge birthday of, SR 86--...------------------_. ...48
Claxton, City of; amend charter, HB 750 --------------------.174, 188, 221, 252, 261
Claxton, City of; corporate limits, HB 1020----------.----468, 477, 529, 611, 617
Claxton City Court, solicitor's salary, HB 1062------------471, 480, 532, 611, 622
Clay County; issue revenue bonds, HR 410.------------------506, 525, 609, 677, 766
Clayton, City of; create new charter, HB 706 ...--------.._.._ 174, 187, 220, 252, 260
Clayton County; compensation of commissioners,
HB 616---- -------------.------------------------------------96, 121, 144, 197, 200
Clayton County; compensation of sheriff and clerk,
HB 613
--------------------- -----96, 121, 143, 402, 404
Clayton County; compensation of tax commissioner,
HB 614- ---------- .--------------------------_------..--------96, 121, 143, 197, 200
Clayton County; establish fire prevention districts,
HR 46 . -_.-- -.------------------------- ....__--....._ 146, 165, 316
INDEX
901
Clayton Judicial Circuit; compensation of solicitor, HB 615--------------------------------.------96, 121, 144, 147, 168
Clerks of Superior Courts; salary system, certain counties, HB 972--------------------------------__........429, 437, 484, 612, 615
Cobb County; levy tax to promote industries, HR 482------658, 664, 713, 719, 855 Cobb County Recreation Authority Act; amend, HB 961--430, 436, 483, 535, 538 Cobb County; zoning and planning commission, create,
HR 324---_.__----.................................----____----------.-179, 194, 225, 254, 334 Cobb Judicial Circuit; assistant solicitor general,
HB 1138.--_-_--_------_------._..---------------------------595, 670, 717, 725 Cobb Judicial Circuit; additional judge, HB 735 ..-._,,----161, 163, 197, 252, 298 Cobb, Tyrus R.; wish speedy recovery, SR 121--.--.._..._----___.--489, 503, 600 Cochran, City of; amend charter, HB 1141------.--.-.-.....652, 662, 711, 717, 815 Coffee County; commissioners' election, SB 99_--._______.______._----___ 97, 200, 705 Colbert, City of; close certain street, HB 640--------,.-......173, 185, 219, 252, 257 Coliseum; build at University of Georgia, HR 499----,..___.__....................--.--.._ 507, 644 Collection Agencies; licensing and regulation,
SB 173..-..-.--------..--------------------...........120, 142, 198, 232, 271, 298 College Park, City of; amend charter, HB 994...........,-.......507, 518, 603, 674, 682 College Park, City of; corporate limits, HB 1009------------.510, 519, 604, 674, 684 College Park, City of; corporate limits, HB 1010--...... 510, 519, 604, 674, 684 Columbus, City of; compensation of commissioners,
HB 1090.--.-------------------------------------_....-513, 521, 606, 675, 687 Columbus, City of; plans and funds for port,
HR 441......-----_-------------_.-__ 394, 440, 443, 486, 614, 809, 819 Columbus Parking Authority; create, HR 463-...... .,..----.656, 664, 713, 718, 844 Commercial Feeding Stuffs, tax stamp, HB 767.......--...,,. 241, 247, 293, 534, 589 Commissioner of Agriculture; compensation, HB 681..----180, 187, 220, 252, 276 Commissioner of Agriculture; impose fines, HB 774...........241, 247, 293, 446, 460 Committee to study legislation relating to barratry,
HR 420--...-------------------------------------------434, 439, 485, 718, 731 Committee to study Civil Defense Structure, SR 100----....185, 218, 254, 297, 353 Committee (joint) on education; commend for work
in 1959, SR 110....-....--------.----_--------------------.........----------------295, 355 Committee to study construction of Archival Building,
HR 433 --...--...-------------------------------394, 440, 444, 486, 533, 589 Committee to study matters relating to highways, SR 141.------------_----------._ 729 Committee to devise forms for withholding income tax,
SR 95............---------.---------------.---..--120, 143, 165, 207, 237 Committee on Income Tax Law Study; compensate
members, HR 430-----....-..--------------------------------656, 663, 712, 811, 876 Committee on Mental Health Study; create, HR 272..----------------.----.. .657, 695 Committee to study methods of financing additional
services, HR 299----------------------..... ----------------------........------ 180, 229 Committee to inspect State property at Chattanooga,
HR 340-----------------------------------------_-----.------_--------70, 80 Committee to study legislation for osteopaths, HR 370-----------------------181, 230
902
INDEX
Committee on schools; create, HR 369..... --..._._.....-----182, 195, 226, 255, 275, 304
Committee to study ways and means of strengthening
Senate, SR 106-...-....-..-_......_......._.........._.....__._..._..............._...245, 291, 312, 381
Committee to study stream pollution; create, SR 142--.--.---------------------..878
Committee to investigate State warehouses, HR 472-._....._.................._..._....... 657, 695
Communication from City of Atlanta to Lieut. Gov.
Garland Byrd -------.___-..__._...._.----.__....--._.._--.................................... ...... .109
Communication from Gov. Ernest Vandiver to Lieut.
Gov. Garland Byrd _--------__.._._..__._._..___....__..._._...__._............. ... ...... ...127
Communication from Lieut. Gov. Garland Byrd to Gov.
Ernest Vandiver --..---._............._._...____.-- --....___..._.._.--....... .................128
Concord, City of; ad valorem tax, HB 631. --...___.....__....... ..82, 86, 94, 125, 131
Concord, City of; change tax rate, HB 630___._._....__.--.............-....-82, 86, 93, 125, 131
Confederate Pensions and Records; abolish department,
HB 651.......................... -...._......_...........__..___..___........___.........._96, 122, 144, 254, 354
Congress; petition, benefits for World War I Veterans, HR 297.................180, 229
Congress; request funds for Veterans Hospital in
Atlanta area, HR 314...__________________________________ ....---- .------ ........ ...180f230
Conner, Hon. John L.; commend, SR 120--_.__....._..,,--....._--._........_..._....__......_._.. ..450
Constitutional Amendments; remove certain provisions
submitted at General Elections, SR 102-- .--.....--......216, 250, 312, 377, 426
Contract Obligations; payment of, SR 103............216, 250, 312, 379, 426, 808, 887
Convict Labor; use of, certain counties, HB 995--............. -511, 518, 603, 674, 682
Convict Labor; use of to maintain cemeteries, certain
counties, HB 1130--_ _._........__._......_............ ...595, 597, 670, 721, 724
Conyers, City of; commission form of government,
SB 148---------..--.-- ...........------........------49, 67, 95, 98, 138, 183, 211
Cook, Oscar W.; compensate, HR 283 ....
.... .............303, 309, 363, 486, 502
Cooley, J. C.; compensate, HR 371......------ ....._----........ ....304, 309, 363, 445, 464
Copp, Hon. W. M.; commend, SR 81---- ............... .........----------.31, 45, 182
Coroners; compensation, certain counties, HB 870 ........--...242, 248, 293, 364, 371
Corporations; chartering of foreign, SB 168 . ...119, 142, 146, 168, 210, 882, 886
Corporations; interest rate, borrowing sums in excess
of $2,500, SB 225... --...... ......... ..._._,,...............................394, 440, 533, 590, 646
Cotton Imports; memorialize Congress, HR 453............. 433, 440, 485, 534, 587
County Officials; change to salary system, certain
counties, SB 198..........._._.__...._______.. ....----..215, 250, 364, 367, 426
County Officials; compensation, certain counties,
SB 156 .-- ---.------------------.................84, 92, 95, 129, 152, 242, 886
County Officials; right to appear before Grand Jury as
witnesses, SB 180----------
_ ..--166, 196, 227, 234, 282
County Officials; salaries, certain counties, HB 801----...176, 191, 223, 253, 263
County Officials; change from fee to salary system,
certain counties, HB 939--...--.........------...--------.302, 307, 362, 402, 409
County Treasurer; abolish office, certain counties,
SB 205...... ........--.-----------------_.---- 244, 291, 364, 368, 426, 654, 887
Court of Appeals; increase number of judges, HB 1075----594, 599, 669, 720, 742
INDEX
903
Court of Appeals; Judges Emeritus, eligibility, HB 658----468, 475, 528, 612, 633 Court of Appeals; records, certiorari to Supreme Court,
SB 194--------.--_-----------------------------------------------215, 250 Covington, City of; pensions and insurance, HB 888.--. ... -285, 289, 311, 365, 373 Coweta County; convict labor, use of in cemeteries,
HB 1087-------_----.------_-----------------------513, 521, 605, 675, 687 Coweta County; officials placed on salary basis, HB 1092 -514, 521, 606, 675, 688 Credit Cards; crimes arising from fraudulent use,
SB 169----------------.---------.----.119, 142, 227, 235, 282, 659, 728, 886 Credit Unions; inspection fees, HB 775----.... ...___-----241, 247, 293, 447, 466 Criminal Court of Fulton County; salaries of assistant
solicitors, HB 777--..-....--.-----.----------------.------176, 190, 222, 253, 263 Crooked River State Park; easement ratified, SR 84-39, 50, 69, 79, 89, 881, 887 Crops; liens to secure advance, HB 625.... -140, 141, 163, 197, 207, 295, 353, 449
D
Dade County; issue revenue anticipation bonds, HR 436--.510, 526, 609, 676, 776 Dalton, City of; amend charter, land lots, HB 928----------301, 306, 361, 401, 408 Dalton, City of; Civil Service Commission, HB 929. --------301, 306, 361, 401, 408 Dalton, City of; close certain street, HB 669------------.--.---83, 87, 94, 95, 132 Dalton, City of; close portion of certain street, HB 812--177, 191, 223, 253, 264 Dalton, City of; extend corporate limits, HB 1043----------470, 479, 531, 810, 812 Davis, Jeff; place bust in Hall of Fame, HR 528 ............. . ------ .... ....--.708, 729 Davis, Miss Olive Bell; congratulate, SR 145--------------........---------------- 729 Dead Bodies; disposition of, SB 233----..------395, 441, 447, 492, 503, 807, 887 Death Certificates, filing of; Post Mortem Examination,
HB 868--.------..--------------------.........------ --473, 476, 528, 613, 697, 883 Defense Highways in Georgia; intrastate system;
Memorialize Congress, HR 488----------------------...--..... ------.----506, 695 Decatur, City of; commissioners; increase term of
office, HB 1156-......---_-...--------------------------------650, 665, 714, 719, 818 Decatur, City of; mayor & commissioners; attendance
fees for, HB 1069-.----.----_.----------.--------------------471, 480, 532, 612, 623
Decatur County; issue revenue anticipation bonds, HR 426---------_.-----.-- .._...--------------------------510, 526, 609, 677, 774
DeKalb County; Civil Court; motions for new trial, HB 1067--...----_-------------------------..------------.....471, 480, 532, 612, 623
DeKalb County; pensions for officials and employees, HB 1066--------.. ------ .._....-------- .--------------------471, 480, 532, 612, 622
DeKalb County; tax levy to promote industries, HR 462----656, 663, 713, 716, 843 DeMolay Order; commend, HR 362.......------------ .----------.------------. .181, 230 Department of Public Health; compensation of
Director, HB 803------.....----------.....___----............. ----. 658, 665, 714, 810, 874 Department of Public Safety; amend, drivers' licenses;
obtained fraudulently, HB 827--..--._...----------._.._. 285, 288, 311, 403, 427
904
INDEX
Department of Public Safety; markings on motor
vehicles, SB 196------------_----------------------------215, 250, 404, 451, 467
Department of Public Safety; misdemeanor to
impersonate officer of, HB 776--------------------649, 665, 714, 811, 867
Department of Public Safety; subsistence allowance for
members; license fees, HB 936--------------------431, 435, 482, 489, 544, 655
Department of Public Safety; use Wave Length Radio
System, HB 840------------------------------------512, 516, 602, 672, 700
Depositions, discoveries and interrogatories; amend
Act, SB 227--....-.--------------------------...------.--395, 440, 612, 699
Disabled Veterans, automobile tags furnished to, HR 401------------394, 443, 450
Divorce; disabilities; pleadings in, HR 886---------------391, 397, 442, 488, 701
Divorce; mode of hearing cases, HB 885-.......... - --391, 397, 442, 488, 495
Dodge County; salary of ordinary, HB 872- ........ -----242, 248, 294, 364, 372
Donalsonville, City of; tax assessors, HB 806- ._. .... .--176, 191, 223, 253, 264
Dooly County; building supervisor on board of
commissioners, HB 1026...----.......----.........--.......... -.469, 477, 530, 611, 617
Dougherty County; authorize to issue business licenses,
HR 448-- -------------------------------- .----..509, 526, 610, 677, 788
Dougherty County; certain officials' auto expense,
HB 1129---- - .---------.----,,.------.------------ --595, 597, 670, 716, 723
Dougherty County; development of real estate, HB 1003--432, 439, 485, 611, 616
Douglas County; commissioners roads & revenue; amend
act, HB 926------------------.---------.----------- -301, 306, 361, 401, 408
Dower Rights; property under option; contracts to sell,
HB 722---------------------------- ..------------214, 217, 251, 612, 634, 884
Drivers Licenses; military forces on furlough; repeal
act, SR 101-------...----.------...------------....-..... . -185, 218, 255, 298
Drivers Licenses; suspend for failure to furnish bond,
HB 590--------..---------------------- .---- .--650, 659, 710, 721, 832
Dublin, City of; define corporate limits, HB 1045--------..593, 597, 669, 716, 723
DuVall, Hon. Wallace 0.; congratulate, SR 97 ..... .
-- .165, 211, 507
E
Early County; issue revenue anticipation bonds, HR 385--509, 524, 608, 676, 759 Early County; ordinary's salary, HB 1105---------------514, 522, 607, 675, 690 East Point, City of; attorneys & authority projects,
HB 1101------- -.-.----------------------------514, 522, 606, 675, 689 East Point, City of; close certain streets, HB 1100-----514, 522, 606, 675, 689 East Point, City of; personnel, HB 1099--....------ ..........--.514, 522, 606, 675, 688 East Point, City of; relating to mayor & council,
HB 1103------------..----------.-----------------.514, 522, 606, 675, 689 East Point, City of; revenue, raising of, HB 1102------.--514, 522, 606, 675, 689 Economic Poisons Act, Georgia; amend, HB 687-- .--118, 123, 145, 197, 208 Economic Poisons Act, Georgia; include pesticides,
HB 490------ .... -------------- -------------------650, 659, 710, 809, 885
INDEX
905
Education, Boards of; members salary; certain counties, HB 993-__________--------_-----____----______.._..507, 518, 603, 674, 682
Education, Joint Committee on; commend for work in 1959, SR 110----______._._..__....__._.__-_.._._...___.----_----------295, 355
Education; millage limitation; tax levy; amendment to Constitution, SR 76----------------------- -------33, 40, 59, 80, 659, 733
Education, State Board of; add members; method of filling vacancies, SR 91_..----------------------125, 126, 149, 169, 708, 887
Education, State Board of; provide funds for scholar ships for teachers, HR 357---------------------....._._-_.____657, 663, 712, 834
Elbert County; election of board of education by people, HR 321.-.....--_-__---------------------------.----179, 194, 225, 253, 329
Elbert County; sheriff's salary, HB 874-_--.....-_--______--------------,,._242, 248, 294 Elberta, City of; change corporate limits, HB 859-_--___..241, 248, 293, 364, 371 Elberton, City of; City Manager, residence
requirements, HB 951----------...----....-.----_.---_____430, 435, 482, 534, 539 Elections; assistance to handicapped persons, HB 692 ---650, 660, 710, 809, 884 Elections; duties of registrars; certain counties, HB 715- -174, 187, 220, 447, 493 Elections, Primary; county office nominees, certain
counties, HB 596_._......._______________.___--..________,,_-___-......._. 95, 120, 143, 197, 199 Elections, Primary; nominee receive plurality; certain
counties, HB 764--------.------------_....................___._.___174, 188, 221, 253, 261 Elections; prohibit distribution of printed matter on
election day; certain counties, SB 104------------_..._..._.--_._..----........834, 835 Elections; solicitation of votes; specified distance from
polls; certain counties, HB 920----------------------433, 435, 482, 533, 615 Electric Lines; high voltage; installation of, HB 501------_591, 600, 667, 721, 741 Electric Membership Corporations; redefine "rural
area," SB 30._____...:..._...........----.------__......................_----------_....___..........-133, 152 Ellington, Walter R.; compensate, HR 151----.... ............----302, 308, 362, 486, 496 Ellsberry, Mrs. Clyde L.; compensate, HR 45--------------..508, 524, 607, 720, 751 Emanuel County; commissioners, terms of, HB 1160--------651, 666, 715, 719, 818 Emanuel County; tax commissioner; clerical help,
HB 1144_......_............_----------...----.--.....--.__.-_----652, 662, 711, 717, 816 Emerson, City of; provide utility services, HB 942__.......,,..302, 307, 362, 402, 409 Employees, State, County & City; forfeit job when plead
nolo contendere, HB 597----__________________________..__.______.________________64, 66, 87, 88 Employment Security Law; amend, HB 636----------------140, 141, 163, 228, 234 Employment Security Law; amend, HB 932_..___ ________------..431, 435, 482, 612, 633 Engineering Experiment Station; industrial
development, HB 745._____--------------------._----_----....... 241, 247, 293, 312, 382 Engines and Boilers Act; repeal, SB 206----------.--------__________.__.___...__._. . ___ 244, 291 Entomology, State Department of; amend act of 1937,
HB 907------..--..----..............-.--...----..-.--.--.--.......512, 517, 602, 673, 706 Estate Taxes; assessment & collection of, HB 532..----161, 162, 196, 487, 585, 805 Evans County; Clerk Superior Court; compensation,
HB 1063-___.____.._._._.__________----_----_-__----------------------..471, 480, 532, 611, 622
906
INDEX
Examining Boards, State; credit to veterans taking certain examinations, HB 1055_______________________. ____________ ___512, 520, 605, 718, 833
Executors & Administrators; non-resident qualification, SB 155 -------.--_------------.---------------_-.. . _ 84, 92, 227, 233, 282
Export Tax; prohibited on goods manufactured in Georgia, HB 1019____.____________.. _...__.._..........._ __,,.,,.__. _472, 477, 529, 673, 702
F
Facsimile Signatures; use by clerks of Superior Courts,
HB 618.--..----_...._....-------------,,------..--..----.65, 67, 88, 227, 236, 882
Faircloth, T. E.; compensate, HR 450.------------------_..........508, 527, 610, 721, 758
Federal Budget; memorialize Congress, relating to
balancing of, SR 87......_._....___.._._...
. __ _83, 108, 182
Fertilizer Act of 1960; create, HB 693 _______________________________ 118, 124, 145, 198, 212
Fidelity Bonds; State employees, SB 129__________ ______..._ __23, 28, 29, 42, 63, 97, 298
Fiduciary Security Transfers; uniform act, HB 502____________649, 665, 714, 718, 831
Firearms; licenses to carry, HB 695......_..._._
____650, 660, 710, 717, 834
Firemen's Pension System Act; change monthly
benefits, HB 825---------------------------_-..--..---507, 517, 602, 718, 746
Fireworks; limit sale to agricultural purposes, HB 63..................164, 492, 673, 735
Fireworks; sale of for agricultural purposes, SB 216.------............ _______... 287, 310
Fireworks; sale of, remove certain exceptions, SB 164 __________ ............ __ _ 91, 124
Fireworks; use of, prohibit certain cases,
HB 741_.___ ______________________________________ .----....214, 217, 251, 739, 809, 833, 876, 877
Fiscal Affairs; control of, certain counties, HB 1148 ___.__.__652, 662, 712, 716, 817
Fitzgerald, City of; amend charter, HB 814_______________.177, 192, 224, 253, 265, 495
Flag of State; prohibit use of for advertising,
HB 802__.__._................................ ..._._._. ____________ _______ _241, 247, 293, 403, 423, 495
Floyd County; insurance coverage for employees,
HB 1057----------------------------------...................... .470, 479, 532, 611, 621
Floyd County; salary of county employees, HB 1056............470, 479, 531, 611, 621
Flue Cured Tobacco; regulation of sales,
HB 717--------------------------118, 124, 146, 295, 296, 385, 416, 417, 449
Forest Park, Town of; veto powers of mayor, HB 977...... 429, 438, 484, 535, 540
Foresters, State Board of; amend act creating, SB 153___............... _ ..... 66, 87, 295
Fort McAllister; request Highway Department to
surface road to, SR 147--------------------------__............. ......................879
Fortson, Hon. Ben; commend for services, HR 519_ ___ __ ............. _____........--.657, 696
Foster, James Fulton; compensate, HR 111----........... .......... 652, 662, 712, 810
Franklin County; advisory board to commissioners,
HB 923...--..__..-............-_----_-_--------.----_.--_._.__.......468, 476, 529, 610, 615
Fulton County; Civil Court Act; amend, HB 938___. _______ __302, 307, 362, 402, 409
Fulton County; Civil Court Act; amend, HB 982_____________.. 507, 517, 603, 671, 681
Fulton County; Criminal Court; salaries of assistant
solicitors, HB 777 ____________________ ..............................................176, 190, 222, 253, 263
Fulton County; election of commissioners, SB 172._.__......... 119, 142, 197, 198, 237
INDEX
907
Fulton County; residence of employees, SB 215--287, 310, 364, 369, 426, 654, 886 Fulton County; retirement of judges and solicitors,
HB 1145--------....--------------------..---------------.652, 662, 712, 716, 816 Fulton County; retirement of judges and solicitors of
Civil, Criminal and Juvenile Courts, SB 203_-_--_--.--_----------------------244, 290, 364, 367, 426, 654, 886 Fulton County; tax assessors, HB 1147_----------..----..--..652, 662, 712, 716, 816 Funeral Service, Board of; define apprentice, SB 232.--__.-...____----..-_--------------------395, 441, 536, 545, 589, 740, 887
G
Gainesville, City of; amend Civil Service Act, HB 925___. ...301, 306, 361, 401, 407 Gainesville, City of; extend corporate limits, HB 1035........473, 478, 530, 611, 619 Gainesville, City of; tax for school purposes, HB 607............96, 121, 143, 197, 200 Gainesville, City of; voting places; provide two
additional, HB 975----______ - -429, 437, 484, 535, 540 Gamble, Walter; compensate, HR 427-........____....._.__........_....._ 505, 526, 608, 721, 757 Game & Fish; acquire lands, SB 136._-__..__.___.._ _..._._....____......___.__....28, 126, 159, 169 Game & Fish Committee; inspection of coastal
facilities, SR 83._.....-.-____.....-____-..-..-____-..--.._....._--..-._--.....--.-..-.----.-32 Game & Fish; expenses of rangers, HB 719--____------_--_.--217, 251, 295, 304, 383 Game & Fish; hunting and fishing licenses, HB 773.------507, 516, 601, 673, 700 Game & Fish; Telfair County have closed deer season,
HB 1113--------------_-----_.-----__-----------------515, 523, 607, 673, 690 Game & Fish; violations; plea of guilty; Court of
Ordinary, SB 24._....._______....--_----..._--------_....-.--__.... ----.....--_..._._.._ 304, 426 Game & Fish; wildlife rangers, reimburse for expenses
incurred, HR 349--__-__.._--.--_.._..--_...---...___..____.--.286, 290, 312, 446, 462 Garbage; licenses to feed to livestock, HB 696....._...._--....... 118, 124, 145, 198, 208 Garden City; amend charter, HB 1014._____------__.___._____._.. 431, 439, 485, 535, 543 General Appropriations Act; funds available to certain
State Agencies, HB 799..----_------------......--____.----...__213, 217, 251, 312, 385 General Appropriations Act; repairs to committee
rooms for General Assembly, HB 591--__.._..--___......--214, 216, 250, 312, 382 General Appropriations Act; schools and institutions,
HB 657_--..---------___-_-----__--------__-_.--118, 123, 145, 445, 459 General Assembly; adjournment Sine Die, SR 155----------------_.------882, 885 General Assembly; increase salary of members, HR 394----596, 599, 671, 720, 869 General Assembly; pay of deceased members, HB 711------178, 187, 220, 254, 299 General Assembly; policy of respect to public
proceedings, SB 224....___--_____.__...------....____----.....__...__..._- _ __ . ...__. ... . .358, 400 General Assembly; primaries in which candidates may
run, HB 723 ...._----.__...----_____----.._____.._._._......_--. 166, 169, 197, 403, 421, 449 General Assembly; provide time of adjournment of,
HR 534 ....-.-_--...-..-____.--------.------_...--.--------..--------,,,,.....--872 General Assembly; terms of members, HR 318 178, 193, 225, 487, 549, 591, 643
908
INDEX
General Elections; Constitutional Amendments submitted in, SR 102----__________.----------_____-___----.... 216, 250, 312, 377, 426
Georgia Academy for Blind & School for Deaf; purchase station wagons, SR 104----___------------..216, 250, 403, 419, 465, 881, 887
Georgia Agricultural Development Authority; grant additional powers, HB 349--_____._-..----_____------_--____. 356, 358, 400, 446, 492
Georgia Association of Broadcasters; commend, HR 504----_____.____.__.._______,, 600, 696 Georgia Commission on Alcoholism; transfer functions
of, HB 649-_________.-____-.____-__---__-----__--------____.__.214, 216, 251, 294, 354 Georgia Economic Poisons Act; amend, HB 687---------...- 118, 123, 145, 197, 208 Georgia Economic Poisons Act; include pesticides,
HB 490____----_______________________________ ____________..------650, 659, 710, 809, 885 Georgia Factory for the Blind; amend act creating,
HB 275---___________--------__-------____------------_ _118, 123, 145, 614, 641, 708 Georgia Fertilizer Act of 1960; create, HB 693_._...... ------118, 124, 145, 198, 212 Georgia Insurance Code of 1960,
HB 115----________--------32, 34, 40, 69, 90, 99, 133, 138, 424, 448, 452, 495 Georgia Laws; compensation for compiling acts,
SB 144.--______----_--___--.--___------______._ .49, 67, 88, 107, 138, 882, 886 Georgia Milk Commission; amend act creating,
HB 854____________--_-__------------------------_..,,------433, 434, 481, 534, 587, 709 Georgia Motorboat Numbering Act; create,
HB 764--------------_________________________ ____507, 516, 601, 673, 701, 745, 758 Georgia Ports Authority; compensation of members,
SB 218-.----------.-------------------305, 360, 403, 422, 465, 866, 871, 887 Georgia Ports Authority; convey property, HB 593........ 161, 162, 196, 227, 234 Georgia Ports Authority; Governor convey property,
HB 732________-------_______._______---.------------___........... 652, 660, 710, 721, 837 Georgia Press Association; express appreciation to,
HR 483-------------------------------------------- _________ ....... _473, 589 Georgia Prison Industries Administration; create,
HB 650----.---- ---------------- 96, 122, 144, 165, 204, 243, 274, 286, 465, 638 Georgia Public Service Commission; fees for operation,
HB 667__________-_- --__-___---_--.--__--------_--_--118, 123, 145, 228, 233 Georgia Public Service Commission; jurisdiction on
selling water; repeal act, HB 1065------------__-----593, 599, 669, 721, 749
Georgia Real Estate Investment Board; create in lieu Ga. Industrial Development Authority, HB 944.___472, 476, 529, 673, 698, 806
Georgia Retailers & Consumers Sales & Use Tax Act; amend; assessment, provide period, HB 699-----------..214, 216, 251, 312, 383
Georgia Retailers & Consumers Sales & Use Tax Act; amend; credit for hospitals, HB 698-------.... _ _ _ 504, 515, 601, 676, 742
Georgia Retailers & Consumers Sales & Use Tax Act; amend; exclusion of governmental sales, HB 866----------.-- 391, 397, 441
Georgia Retailers & Consumers Sales & Use Tax Act; amend; failure to withhold & collect, HB 702 ________ ...651, 660, 710, 718, 835
INDEX
909
Georgia Retailers & Consumers Sales & Use Tax Act; amend; registration, HB 818--------------------------...504, 516, 602, 676, 747
Georgia Retailers & Consumers Sales & Use Tax Act; amend; remove ambiguities, HB 857--------------------...472, 475, 528, 614, 633
Georgia Retailers & Consumers Sales & Use Tax Act; amend; uniformity of taxes in general, HB 863------431, 482, 533, 636, 883
Georgia School for mental defectives; transfer to Department of Public Health, SB 146----------49, 67, 94, 136, 151, 393, 886
Georgia Securities Act; amend; redefine salesman, HB 742---.--------------------------------.285, 288, 310, 671, 699, 806
Georgia Seed Development Commission; terms of members, SB 160--------------------------85, 92, 126, 147, 169, 882, 886
Georgia Training School for Mental Defectives; payment of cost for patient care, HB 600------------_------.---657, 667, 715, 810, 832
Gillis, Hon. James L.; wish speedy recovery, HR 306--- -- ---- --------38, 46 Glascock County; elect members of board of education,
HR 418...--------------------------------.-------..393, 399, 444, 487, 570 Glynn County; commissioners roads & revenue; amend
act, HB 1071----------------------------------------471, 481, 532, 674, 686 Glynn County; duties of marshal, HR 320------------------392, 398, 443, 488, 559 Glynn County; salary of sheriff, HB 998.----------._.------468, 477, 529, 674, 683 Glynn County; tax levy to encourage industries, HR 477--...........656, 713, 719, 849 "God Is"; Treatise; request Georgia delegation in
Congress adopt principles of, HR 360------------.-----.---. -- -.----.304, 416 Governor's Mansion; lease tract of land known as,
SB 217----------------------------287, 310, 403, 425, 465, 864, 872, 886 Gracewood; school for mental defectives; payment of
cost for patient care, HB 600------------------------..----657, 667, 715, 810, 832 Grand Jury; continue investigation after adjournment,
SB 143..-------------------------------_------------------------------.........-48, 67 Grand Jury; stenographer for; certain counties, HB 787--176, 190, 222, 364, 370 Gray, Hon. James H.; invite to address General
Assembly, HR 469---------------___--------.--__--...... -.-------...-.433, 450 Gray, Hon. James H.; joint session to hear address by,
HR 470------------_---____------.__._____..._._........._..___433, 450 Gray, Town of; amend charter, HB 1028-------------------469, 478, 530, 611, 618 Greene County; consolidate offices of tax receiver &
collector, HB 1115.---------------.....--------------------515, 523, 607, 675, 690 Greene County; county officers'; salaries, HB 1114 ...506, 523, 607, 675, 678, 884
Griffin, City of; compensation of employees and officials, HB 968------.--------..--.-..___._-----------------430, 437, 483, 535, 539
Griffin, City of; Criminal Court; change punitive powers, HB 963....--.-----------------------------------432, 436, 483, 535, 542
Griffin, City of; extend corporate limits, HB 966--------432, 437, 483, 535, 538
Griffin, City of; provide off-street parking, HB 964---....430, 436, 483, 535, 542
Griffin, City of; sewer lines, HB 965.......------............._...--512, 517, 602, 674, 681
910
INDEX
Grinstead, Captain William Parker (Ga. State Patrol) ; deplore passing of, HR 467....--.--------------------------------------433, 450
Guardian & Ward; notice of application for order to sell, HB 610.----------------------------------------------------65, 66, 88, 168, 243
Gwinnett County; stagger terms of members of Board of Education, HR 492----.--------.....----------------------658, 664, 713, 716, 862
Gwinnett Judicial Circuit; create, HB 850_----______.__,,..... ...357, 359, 401, 403, 451
H
Hairdressers and Cosmetologists Examiners, State Board of;
create new board, SB 95......... ........_..__.._..___..__._.__....._..._...._.......
89, 105, 151
Hall County; election of members of board of education
HR 334...-----_.-..._____...____-.-_...-......................181, 194, 226, 254, 445, 582, 655
Hall County; provide fire prevention districts, HR 333...-..181, 194, 225, 254, 339
Hamilton, City of; corporate limits, HB 913....._____........... -- 301, 306, 361, 401, 406
Hamilton, Hon. George B.; express appreciation to, HR 516--_.._.__....__..... 653, 696
Hamilton, Hon. George B.; invite to address Senate, SR 90----------------..----83
Harden, Hon. Willis N.; elected to Highway Board......----.__........_..._....._........... ..34
Harris County; salary of clerk of superior court,
HB 1083_-__._.._-__.-----------------_..__._._.--._.__.._._... .._.__593, 598, 668, 716, 722
Harris County; salary of ordinary, HB 1039............... ........ .-469, 478, 531, 611, 619
Harris County; salary of sheriff, HB 1037........................ -472, 478, 530, 611, 619
Harris County; consolidate office of tax receiver and
collector, HB 1036------..-...-----__.___------------------593, 596, 668, 716, 722
Hart County; salary of commissioner, SB 183--184, 217, 252, 256, 298, 433, 886
Hartwell, City of; amend charter, SB 193......... -215, 249, 364, 366, 426, 600, 886
Hatchett, E. T.; relieve as surety on bond, HR 210----. ----481, 533, 614, 702
Hawkinsville, City of; corporate limits, HB 1143---. 652, 662, 711, 717, 815
Hawkinsville, City of; corporate limits, HB 1157--..---............ 650, 666, 714, 719
Health and Welfare Committee; to make interim inspections, SR 139
695
Higginbotham, Henry G. (Estate of) ; compensate,
HR 174----------------- -----------.--..------..---- .-..-..303, 308, 362, 486, 497
High Voltage Lines; installation of, HB 501....................----591, 600, 667, 721, 741
Highway Board; expenditure of funds, SB 167----92, 125, 229, 231, 282, 659, 886
Highway Board; salaries and allowances of members,
HB 906-...-------------- .--.---------------------- . -- -392, 397, 442, 445, 495
Highway Department; receive part of fines for over
weight motor vehicles, SB 189.......----------------....._........... - ...... ..184, 218
Highways; allocation of gasoline funds, HR 300 -- ----------140, 142, 164, 227, 278
Highways; allocation of gasoline funds, HR 270----.............-118, 124, 146, 105, 202
Highways; driving while intoxicated; penal provisions,
SB 209-...-.------------.--..-----------.----------------244, 291, 365, 419, 465
Highways Committee; create, SR 141.----.......................--._._...__..._..---- ... ........ .729
Highways, Federal; welcome stations, SB 141------33, 40, 229, 231, 282, 881, 886
Hixon, Hon. Horace; express appreciation to, HR 516--------------.--------653, 696
INDEX
911
Hog Cholera; memorialize Congress to request program to eradicate, HR 429-_-_....____----..____...--_,,..---___._...--__--..--..-..____--.---...____304, 416
Hold-Over Session of Senate; SR 150----.------.----------------..--...------..----...879 Holly Springs, City of; amend charter, HB 876....----_----.242, 249, 294, 365, 373 Holmes, Hon. Eric, Jr.; praise for service, SR 152---------- ------------------879 Homicide; right to sue by illegitimate child, HB 756----..651, 660, 710, 718, 837 Horak, Alexander J.; compensate, HR 119----.------------..302, 307, 362, 445, 462 Hospital Advisory Committee; abolish, transfer functions,
HB 652---.__-------_--_-___------_______..--...-------------97, 122, 144, 165, 169 Hospital Advisory Council for Construction, Licensure
and Indigent Care; create, HB 652....----.----------._.----_ 97, 122, 144, 165, 169 Hospital Care Council; abolish, transfer functions,
HB 652------------------_...-_-.......----.--------------. -- -- 97, 122, 144, 165, 169 Hospitals; suspend sales tax, certain hospitals,
HR 329----------------.--_-.--------..-------..----242, 249, 294, 312, 385, 427 House, J. Robert; compensate, HR 277------------------._---508, 524, 607, 720, 752 House of Representatives; retain members in merged
counties when re-apportioned, SR 113----------..----..-....--.-......--.395, 441 Houston County; clerical help for commissioners,
HB 815-._--_...._--..--_----------___------...-_----_....----.177, 192, 224, 253, 264 Houston County; create office of tax commissioner,
HB 816....._--------------.-_..----__.--------------------_.----178, 192, 224, 253, 264 Houston County; salary of tax commissioner, HB 860--__.-- 241, 248, 293, 364, 371 Houston County; superior court, terms, HB 748....--_--------175, 188, 221, 252, 260 Humphries, Hugh J.; compensate, HR 287--------.-..-...-.303, 309, 363, 486, 503 Hunter Air Force Base and Ft. Stewart; urge Congress
to utilize, SR 98--...----....----...._.__..--..----------------..--...-----------... .. .165
I
Ideal, Town of; corporate limits, HB 956---------------------430, 435, 482, 535, 541 Income; distribution by trustees, HB 604----...------.__.--............ 65, 66, 87, 88, 137 Income Tax; allowances for depreciation in computing
net income, HB 1076_----------------.----.._,,----__----655, 661, 711, 718, 878 Income Tax; committee to devise forms for withholding
tax,, SR 95..--_-._..._--_..._._----_......--..._._------------.120, 143, 165, 207, 237 Income Tax; exempt corporations and organizations,
HB 905----...----_..----...........------.----------.... ---- .....--.651, 660, 710, 718, 866 Income Tax; timber transactions, HB 260------...--..........._------.....----..._.229, 232 Income Tax Law; amend, collection, levy assessment,
HB 856 ..----_----------..----......--------..------....--.__.-. 592, 598, 667, 718, 838 Income Tax Law Study Committee; compensate members,
HB 430..----.------------...-----.-_....--..-----........._----.-656, 663, 712, 811, 876 Income Tax Payment Act of 1960; impose withholding tax
upon individuals, HB 602. ------... ------ .------ .._--------... 82, 85, 93, 94, 133 Independent School Systems; taxation by municipalities,
HB 714--..__-.------..--------...----.-......--.__.--------....357, 359, 400, 448, 459
912
INDEX
Industrial Development Commission; create, SR 78--------33, 40, 60, 80, 182, 887 Industry and Labor Committee of Senate; interim meetings, SR 140.--------_____878 Insanity; criminal procedure after conviction of capitol
offense, HB 807_---__----__----_----___.----__.__._----.285, 288, 310, 365, 640, 805 Insanity; restoration procedure, HB 581-..--.____----------300, 305, 360, 403, 423 Insurance; authorize certain cities to have self
insurance, HB 931--_--__.----_--------_._----...431, 435, 482, 533, 636, 709 Insurance; authorize counties to purchase liability
insurance, HR 416----__------__.----..._------._.._._______.___._----472, 481, 533, 613, 742 Insurance; provide self insurance for State, SB 128--------.23, 28, 29, 41, 63, 182 Insurance Code; funds to administer provisions, HR 501--658, 667, 715, 811, 867 Insurance Code; revise,
HB 115--_.----_----____------32, 34, 40, 69, 90, 99, 133, 138, 424, 448, 452, 495 International Harvester Co.; compensate, HR 387------_---508, 524, 608, 720, 754 Interrogatories; provide time for answering, SB 200.---.--243, 290, 403, 419, 465
J
Jackson, Dr. George W.; compensate, HR 275.....______.--------390, 398, 443, 612, 637 Jekyll Island State Authority Act; amend; revenue bonds,
HB 683..----__----_------__.----------._._--.--_.._----_-__----173, 187, 220, 254, 354 Jenkins, Police Chief; Lieutenant Forrester & Officer Rains;
commend, SR 151....---___------------.__.----___--------_------- --.._... .-875 Jennings, Miss Sandra; honor as Maid of Cotton, SR 108----..--....--.----..-- .- 295 Jessup, City of; change corporate limits, HB 922----.___.___.__.392, 397, 443, 488, 491 Joiner, Hon. Eugene H.; honor, SR 137---_-_.----.._------_--------.--....-----.695 Joint Session; elect members State Highway Board, HR 289------ .......26, 27, 34 Joint Session; hear message from Governor, HR 266--.-. ...... _. _.__.__... .... _ .6, 7 Jordan, Robert H.; elected member of Highway Board,
HR 308 and HR 309..----.......----------.___. --------_.__...--------..._._ ......... 35, 36 Judgments, decrees and orders; title to real property,
SB 162----------------------------------------.-- ---85, 93, 146, 167, 210 Juvenile Court Act; amend, provide judge pro tempore,
HB 628-------------_-------------------------------96, 121, 144, 146, 167 Juvenile Courts; Judges' salary; certain counties,
HB 988----._....--_..__...----.._--------__--------------593, 599, 668, 716, 722
K
Katz, Col. Edward R.; commend, HR 432.....----._------__ ._.__.. ..... ._..__. _ 506, 695 Kennesaw, City of; extend corporate limits, HB 960- ----432, 436, 483, 535, 538 Kiker, Hon. C. W.; appreciation to, SR 148---..--------------_------._____.._. .833 Kingston, City of; land conveyance, HR 479_____--____...657, 666, 715, 719, 819, 884 Kirk, Hon. G. M.; commend, SR 138--------______ --------------------------------695 Knott, David; designate Bridge as, SR 127----___.---------------- .589, 646, 806, 888
INDEX
913
Labor, Department of; appropriation of funds for, HB 932---.--..---.-.._...------_------------_ .---------- ..431, 435, 482, 612, 633
Laborers' and Materialmens' Liens; amend Code, SB 44.__..----_.--.___....---- 139, 466 LaFavor, Willis P.; compensate, HR 152 ...... ...... .... ..... 302, 308, 362, 486, 49R Lamar County; compensation of certain county officers,
HB 766.----_...._------------.-_--------.------.-175, 189, 221, 253, 262 Laurens County; clerk, superior court; salary of,
HB 1060------------------..-......------------.-.---593, 597, 669, 71G, 723 Laurens County; commissioners of roads and revenue;
amend act, HB 881__----__......---_.-----------_----...... 392, 396, 442, 488, 490 Laurens County; office hours of certain officials, HR 879 -391, 396, 442, 488, 480 Laurens County; officers submit proposed budget,
HB 1131.--..----.-------_---------..------------.-.....-595, 597, 670, 716, 724 Laurens County; sheriff's salary, HB 880--.-.-- .. ... ..-392, 396, 442, 488, 490 Laurens County; tax commissioner; compensation,
HB 882.-----...--_-..-----...----- ._.-.----...... .. -- ..392, 396, 442, 488, 490 Law Library; establish, certain counties, HB 760 -- ...... .175, 189, 221, 253, 261 Lawrenceville, City of; public utilities, HB 852..........----.177, 193, 224, 254, 315 Leases, made with State Authorities; amendment to
Constitution, SR 103----...._...------_....----_._.......216, 250, 312, 379, 428, 808, 887 Lee County; issue revenue anticipation bonds, HR 407 _ -- 509, 525, 608, 677, 764 Legislative Counsel; commend for services, HR 514.--....---- ... .... ... 657, 696 Lewis, Miss Annie Laura; congratulate, HR 518.----------.- . . . . . . ..657, 606 Libel; retraction by newspapers, HB 627--..-------- .161, 162, 196, 403, 420, 806 Liberty County; increase number of commissioners,
SB 185....----------------------------184, 218, 252, 257, 298, 473, 646, 887 Liberty County; sheriff and clerk; salary of, HB 898.......... .301, 305, 360, 402, 406 Liberty County; sheriff's deputy; compensation, SB 186.. ..184, 218, 252, 257, 298 Licenses; business, certain cities, HB 1007--..-- ......---- ..510, 518, 603, 674, 683 Licenses; hunting & fishing, HB 773...... ------------. 507, 516, 601, 673, 700 License Tags; provide for commanders of certain patriotic
organizations, HR 137-------------- ..--....--------_.._......... ...----.._... ....._. 51, 62 Liens; crops; secure advances on, HB 625 . .140, 141, 163, 197, 207, 295, 353, 449 Liens; Laborer's and Materialmen's; amend code, SB 44--------------....._.139, 466
Lieutenant Governor and Secretary of Senate; pay for certain expenses, SR 149-------- ----.......__._....------.....----_.__--............ .----..... ..879
Lieutenant Governor; salary of; committee recommendation................. 157
Liquefied Petroleum Safety Act; minimum storage facilities, HB 661.--------..----------.--------........ .......... 240, 246, 292, 446, 461
Lincoln County; compensation to treasurer, HB 1044......._..470, 479, 531, 611, 620
Literature, Obscene; civil penalty; who may recover, HB 749--175, 188, 221, 672
Lithonia, City of; relating to streets, HB 1121--------.655, 661, 711, 716, 813, 884
Livestock; license to feed garbage to, HB 696.--------...-.118, 124, 145, 198, 208
Livestock and Livestock Products; inspection of, SR 115..... ....434, 481, 673, 691
914
INDEX
Livestock and Poultry Disease Board; persons to serve on Board, SB 159----------_--__..----......-84, 92, 126, 147, 169, 882, 886
Local Government Improvement Commission; create; certain counties, HB 788----.._..-----------------.--.--.------.391, 396, 441
Loganville, City of; close street, HB 1041----------------470, 478, 531, 611, 619 Loganville, City of; define City Limits, HB 1042-..---------470, 478, 531, 611, 620 Los Angeles Dodgers and Hon. Gerald Waring; commend, SR 73__.____.____,,._....---- 25 Lottery, second convictions, SB 56-----------------------------....119, 135, 211 Lowndes County; allow board of education to borrow
funds, HR 286-----_.__..--------...-..--------------..-----180, 193, 225, 254, 324 Loyalty Oath; exempt pages of General Assembly, HB 900 .........468, 476, 529, 614 Lumpkin, Town of; change corporate limits, HB 781......-...177, 190, 222, 364, 370
Me
McAvoy, Mitchell; compensate, HR 319_......_............_............._.508, 524, 608, 720, 753 McDonough, City of; close certain streets, HB 946----..........431, 435, 482, 534, 539 McDonough, City of; corporate limits, HB 1126------.-....594, 597, 669, 716, 724 McDuffie County; land conveyance to City of Thomson,
SR 93--------..-.............--------------------_..--120, 142, 228, 232, 282, 808, 887 McDuffie County; law books to, SR 96..._.....__...__..141, 163, 227, 256, 298, 473, 887 McGarity, Mrs. Charles; congratulate, SR 136----................... .............. ..... ... 695 Mclntosh County; clerk of superior court, salary,
HB 1029-...----------...----.-.....------------------.-----.. .512, 519, 604, 674, 685 Mclntosh County; election of board of education, HR 480 -.658, 664, 713, 719, 852 Mclntosh County; ordinary's salary, HB 1032.... ...................512, 520, 604, 674, 685 Mclntosh County; sheriff's salary, HB 1030------...._.______. 512, 519, 604, 674, 685 Mclntosh County; tax commissioner's salary, HB 1031 ..... 512, 519, 604, 674, 685
M
Macon-Bibb County; create governing authority, HB 1080------....--------------------.------------------. ......513, 520, 605, 810, 813
Macon, City of; convey certain air rights, HB 1017--------------431, 439, 535, 544 Macon, City of; corporate limits, HB 887..------..............___..__........ 288, 311, 673, 681 Macon, City of; mayor's salary, SB 212 -------287, 309, 365, 369, 426, 506, 886 Macon County; bonds to aid in industrial development,
SR 126------------------------....------ ---------......------474, 528, 533, 630, 808, 888 Macon Hospital Commission; add members, HB 908-286, 290, 312, 674, 677, 806 Macon Judicial Circuit; additional judge, HB 684... .--.------140, 141, 164, 227, 237 Malt Beverages; regulate sale of, SB 170----........_._............ ____________.... 119, 142, 375 Maps and Plats; recording of, certain counties,
SB 229--------.._..__....------.........----395, 441, 534, 537, 587, 590, 864, 873, 887 Marietta, City of; reapportion wards, HB 1124 ............506, 523, 607, 676, 679, 709 Marion County; bonds to aid in industrial development,
SR 123 -------------------------...----..--------------474, 527, 533, 624, 808, 887
INDEX
915
Marriage Licenses; granting and recording of,
HB 496..----------------------------------.511, 515, 601, 671, 697, 730, 833
Marriage Licenses; levy on for benefit of ordinaries'
pensions, SR 89......................_._------------------85, 93, 126, 148, 169, 881, 887
Marriage Licenses; three day waiting period, SB 142 ............39, 50, 89, 107, 138
Mayors' Day; proclaim yearly, HE 326---------------...--------. --------------......48
Mechanics' Liens; time for filing, HB 686.------.-.----.140, 141, 164, 227, 237
Medical Scholarships and Loans; provide in State
supported hospitals, HR 273.----------------- .--------.117, 124, 146, 386, 884
Meeks, J. R.; compensate, HR 380----------------.--. .--.----656, 663, 712, 811, 875
Memorialize Congress; benefits for World War I veterans, SR 75 ....---- ..... 27
Memorialize Congress; relating to investigation of imports
of cotton textiles, HR 453----. -- ................_.......--------.....433, 440, 485, 534, 587
Memorialize Congress to amend U. S. Constitution relating
to States' Rights, HR 279------------------....----------393, 440, 486, 534, 589
Memorialize Congress; relating to balancing of Federal
budget, SR 87.----------------...----_-----------------.----..83, 108, 182
Memorialize Congress; relating to Defense Highways, HR 488-- .........--.506, 695
Memorialize Congress; relating to eradication of hog
cholera, HR 429...................--------------------------------... ..304, 416
Memorialize Congress; to increase veterans educational
benefits, HR 313------------------..-- ----------
.... .... . 180, 230
Memorialize Congress; utilize Hunter Air Force Base and
Fort Stewart, SR 98-------------....---..---------- .. ..----165
Mental Defectives, Georgia School for; transfer to Department
of Public Health, SB 146----......_------.------------..49, 67, 94, 136, 151, 393, 886
Mental Health Study Committee; create, HR 272----....------..------..............657, 695
Mentally 111 Persons; observation and treatment,
HB 598--.-.-.--.--------------------592, 598, 667, 722, 802, 836, 870, 881
Merit System of Personnel Administration; amend act
creating, SB 132-- ----------------,,._--------........,,..--....... 24, 29, 43, 55, 80, 183
Meriwether County; issue revenue bonds, HR 376--------393, 398, 443, 487, 561
Methods of Financing Additional Services; committee to
study, HR 299.-..-..-...-.....--------..----.--.--__.._...------------.----..180, 229
Metter, City Court of; salary of judge and solicitor,
SB 235-----------------------_-...-.-..--.-----515, 601, 613, 677, 705, 882
Militia; discipline of members, .HR 475.......----------.....----658, 666, 715, 809, 879
Militia District Lines; new districts in certain counties, HB 919--...-.--...-- -----.-------------------392, 398, 443, 488, 491
Milk Commission; amend act creating, HB 854----.. 433, 434, 481, 534, 587, 709
Milledgeville State Hospital; express appreciation for inspection visit, HR 291----------....._.._._--..._-----------------------.27, 28
Milledgeville State Hospital; payment of cost for care of patients, HB 600........---------------...--------.-----657, 667, 715, 810, 832
Milledgeville State Hospital; transfer to Department of Health, HB 648------------------------------...-. .-. 96, 122, 144, 165, 207
916
INDEX
Minimum Foundation Program of Education; amend act, school personnel, SB 140--------------------------------33, 39, 51, 78, 81, 89
Minor Children; custody of, SB 228---------------.----..-- 395, 440, 612 Minors; furnishing cigarettes to, HB 634----------..------284, 288, 310, 365, 425 Minors; gifts of securities to, HB 751------------ ...--------357, 359, 400, 446, 459 Minors; service of process upon, HB 641--.-._.____.._..._..240, 246, 292, 365, 421 Minors; rolling of tenpins by, HB 633------...--._------------_.--------_._.65, 67, 88, 137 Misdemeanor; refusal to leave certain premises, HB 1112 .594, 600, 669, 671, 730 Misdemeanor Cases; not under jurisdiction of Board of
Corrections, SB 214_----.....____..------_--------._--__......287, 310, 313, 376, 389 Misdemeanor Prisoners; not under jurisdiction of Board
of Corrections, SB 213------------------------------287, 309, 313, 376, 426 Monroe, City of; amend charter, HB 902------------------.286, 289, 311, 365, 374 Moose Convention; invite to hold convention in Atlanta
in 1961, HR 304--------___.._.----..------__......_........_------.__------..----_..- ......304, 416 Morgan County; commissioners' compensation, HB 1046.... 470, 479, 531, 611, 620 Morgan County; county officers, compensation, HB 771-- 175, 189, 222, 253, 262 Morgan County; furnish law books to, HR 356__.....----.--.177, 195, 226, 364, 375 Morgan County; provide for business licenses, HR 285--....179, 193, 225, 254, 322 Morgan County; provide tax for promoting industries,
HR 284------....---- .-....----..-.._.....-.._--.-._......----.....179, 193, 225, 253, 320 Motor Carrier Act; exempt vehicles transporting
fertilizer, SB 221-......_-_..__------__------..358, 400, 448, 455, 466, 740, 744, 887 Motor Carrier Act; enforcement, SB 219-------- 305, 360, 448, 455, 466, 807, 888 Motor Common Carrier Act; exempt certain vehicles, SB 101..... ........275, 671, 697 Motor Contract Carriers; clarify provisions relating to
exempt vehicles, SB 100--_--------.__................ ..._....... ................__..._......_... 671, 697 Motor Fuel; signs advertising prices, HB 1070........---......655, 661, 711, 721, 868 Motor Vehicles; animals damaged by, operator notify owner, SB 226 --.394, 440 Motor Vehicles; employees of Highway Board to weigh,
SB 188----------.------..-- .----------.--. 184, 218, 313, 352, 389, 864, 871, 886 Motor Vehicles; excess weight and length, unloading of, SB 187...--..-- --. .184, 218 Motor Vehicles; length and weight, SB 166--..--91, 125, 313, 351, 389, 708, 886 Motor Vehicles; money order receipt as temporary license,
HB 700------------------------------------------357, 359, 400, 448, 457 Motor Vehicles; maximum weight, certain highways,
SB 158.--..------------..--.------------------------------84, 92, 229, 271 Motor Vehicles; overweight, Highway Department to receive
part of fines, SB 189------------------_----------.----.------.------...------184, 218
Motor Vehicles; permits for excess weight, SB 165--------------------------------------91, 125, 313, 417, 428, 456, 466
Motor Vehicles; State owned, registration, HB 585--.----------48, 50, 68, 228, 233
Motor Vehicles; State to furnish license tags for disabled veterans, HR 401_..------------------_.___._.__----------------394, 443, 450
Motor Vehicle License Plates; change date of registration, HB 950--------.-.-----------.---------------593, 600, 668, 720, 749
INDEX
917
Motor Vehicle License Plates; issue for part of year, HB 949________.------___------___----------__-- -- . --.592, 668, 720, 749, 883
Motor Vehicle License Plates; registration and issuance by tax collector, HB 948---------------._._._........ _.......----.592, 598, 668, 720, 748
Motor Vehicle License Plates; sample tags, HB 954..............505, 517, 602, 672, 705 Motor Vehicle Licenses; basis for tax, HB 853 _________ 390, 396, 441, 488, 494, 654 Motor Vehicle Licenses; hauling of agricultural products,
HB 855--------_________----__----....___-------------- -- 512, 516, 602, 721, 745 Moultrie-Colquitt County Development Authority, create,
HR 457--____--_------___--__---_____----_--.----.--509, 527, 610, 676, 719, 796 Mt. Vernon, Town of; change name to City of, HB 1117----505, 523, 607, 675, 691 Mountain Judicial Circuit; court reporter's salary,
HB 969----------__---------------------------_----429, 437, 483, 612, 615 Municipalities; grant State funds to, HR 81----__---- ___--. 140, 141, 164, 227, 277
N
Nashville, City of; amend charter, HB 1146___ -____.---- ----.652, 662, 712, 717, 816
Nation, Lee Roy; compensate, HR 348--...----------------__303, 309, 363, 445, 463
Natural Resources in Georgia; endorse development of, SR 117------450, 467, 502
Naval Stores; State Inspector; abolish job of, SB 131 ______ ... 24, 29, 29, 42, 97, 298
Neal, Lunsford and Grady Bradford; compensate,
HR 128--------------------__-------------------- ------302, 307, 362, 612, 637
Newnan, City Court of; compensation of Judge, HB 1093--514, 521, 606, 675, 688
Newnan, City of City Manager; provide for referendum,
HB 1091----------_---.------_----------------_____.----514, 521, 606, 675, 688
Newnan, City of; closing of streets, HB 1086__--..------513, 521, 605, 674, 687
Newnan, City of; zoning and planning laws, HB 1154 _______ 650, 665, 714, 719, 817
Newspapers; retraction in mitigation of damages,
HB 627--------------------------------__----------161, 162, 196, 403, 420, 806
Newton, Dr. Louie D.; invite to address joint session, HR 395 ____._......._ _____182, 230
Nix, Abit; honor memory of, HR 295------...........--------------------......--....32, 45
Nixon, Hon. Otis; commend, SR 153--_.----.____------_----------____------.___..._...... ...879
Nixon, Senator and Senator Clary; acknowledge birthdays of, SR 86..................... 48
Nolo Contendere; pleading of by State, County and City
officials; forfeiture of office, HB 597.,,_____----________________.------....._64, 66, 87, 88
Northeastern Judicial Circuit; Hall County supplement Judge's
salary, HB 685------_--------_______--_,,.._--.........___--------.173, 187, 220, 252, 259
Northeastern Judicial Circuit; salary of court report in felony
trials, HB 102___--_--___----------_------_--------____----_._300, 305, 360, 402, 404
Notaries Public; granting of commissions to non-residents,
HB 1018----...
----
.
,,--------..505, 519, 604, 671, 706
Notify Governor General Assembly has convened, HR 265_--.._.____..____.____._._____...___._...7
Notify Governor General Assembly is ready to adjourn, SR 154_._ _____________ 881, 885
Notify House Senate has convened, SR 69----__........____----....._.....___.--------_5, 22
Nuclear Facilities, operation of; liability insurance by
University of Georgia, HB 912--_ ------------------357, 359, 401, 448, 461, 806
Nurses; licensing of; increase number of Board members, HB 637--.471, 475, 528
918
INDEX
o
Oals, E. A.; congratulations to, SR 128__--___--------____---___-_----....------..589 Obscene Literature; civil penalty; who may recover, HB 749--175, 188, 221, 672 Officials, State, County and City; forfeit job when plead
nolo contendere, HB 597-__-__-.____-.----__.___._.._----._..._.....----------64, 66, 87, 88 Oglethorpe, Town of; certain streets, HB 1162 ------------ 651, 666, 715, 719, 819 Oil Chemist, State; salary and term of office,
HB 1005 _--------- _--------------511, 518, 603, 673, 704, 805 O'Neal, Waymond; commend, HR 403---------------- ..,,.----------_....__.......__.506, 695 Options, Recording of; purchase of land, HB 611--------65, 86, 88, 403, 419, 495 Optometry, State Board of Examiners of; appointment of
members, HB 743...... _--------___------__------..__..----_431, 434, 481, 676, 741, 883 Ordinaries' Pensions; levy on marriage licenses; amendment
to Constitution, SR 89__.._..__....------------------85, 93, 126, 148, 169, 881, 887 Ordinaries; retirement benefits, SB 157--.__---------- ..._.___ _....___84, 92, 365, 417, 465 Ordinary's Court; traffic cases; certain counties,
HB 758.---------------._-__-----..--__..._......_-_-----___-__468, 475, 528, 721, 812 Ordinary's Court; traffic cases; fines certain counties,
HB 768-----------------------.-...____...------------_-____-_468, 475, 528, 610, 614 O'Rear, Harry B.; commend, HR 361-------------------------.._--------181, 230 Osteopaths; Committee to study legislation for, HR 370..._. ._......._.__......... 181, 230
P
Pages of General Assembly; exempt from taking Loyalty Oath, HB 900------------------------------------------468, 476, 529, 614
Parks, State; provide cabins for personnel, SR 85----39, 51, 69, 79, 89, 160, 237 Patterson, Town of; change name to City of, HB 675_______.__..174, 186, 219, 252, 259 Penal and Correctional Affairs Committee; make interim
inspections, SR 135--__.__--___..__..____.____._..._--_...----.--_,,..-_---__------------------694 Penal and Rehabilitation Authority, State; create, HB 656--97, 123, 145, 165, 206 Pensions, Police Department; certain cities, HB 739- _______ 175, 188, 221, 252, 260 Pest Control Act; amend, SB 223 -------358, 400, 402, 455, 466, 730, 735, 887 Petroleum Safety Act, Liquefied; minimum storage facilities,
HB 661----.-------.------------.-------------- -----240, 246, 292, 446, 461 Phillips, Hon. Glenn; appreciation to, SR 130..--..______.........._._____._. 694, 802, 807 Phillips, Mrs. J. T.; congratulate, HR 530-.-----_-_._______..____........... _________ 806, 879 Piedmont Judicial Circuit; Solicitor General's salary,
HB 851--.__.._-.-_--.---..--_----.--.--.-.--.--------357, 359, 401, 403, 451 Pistols; licenses to carry, HB 695.. _.__... --. .. .----650, 660, 710, 717, 834 Plainville, City of; incorporate, HB 915...----__----__.--..___....391, 397, 443, 488, 491 Planning Commissions Act; amend; add members,
HB 983------_----_-------.---.--------_.__._____.._._______.._...__--.472, 476, 529, 672, 704 Planning Commissions; Zoning Appeals; certain counties,
HB 992------__------.---------------------------- ----507, 517, 603, 674, 682 Plats, Maps, etc.; recording of; certain counties,
SB 229------------ . --------395, 441, 534, 537, 587, 590, 864, 873, 887
INDEX
919
Ports, endorse Governor's recommendation of Georgia Ports, HR 305.__---- 180, 229 Ports Authority, Georgia; compensation of members,
SB 218.--------------------------------305, 360, 403, 422, 465, 866, 871, 887 Ports Authority, Georgia; convey property, HB 593------.....161, 162, 196, 227, 234 Ports Authority, Georgia; Governor convey property,
HB 732--------_-------_-----------_--------------.-----652, 660, 710, 721, 837 Poultry and Livestock Disease Board; persons to serve
on Board, SB 159--------------------------------84, 92, 126, 147, 169, 882, 886 Powder Springs; increase corporate limits, HB 958--------.430, 436, 483, 535, 54~2 Practice and Procedure; argument to jury; monetary value--
pain and suffering, HB 315______-------.------.____----------.....31, 612, 632, 709 Practice and Procedure; Bill of Exceptions; duties of clerks
of courts, HB 744-------------------_.------------------------240, 247, 292, 403, 424 Practice and Procedure; define, "Reasonable Notice"; trials,
HB 884--_----------_----.--_------_------_--391, 397, 442, 488, 494, 600 Practice and Procedure; discoveries, depositions, inter
rogatories; amend act, SB 227_----------------------------------.395, 440, 612, 699 Practice and Procedure; divorce; disabilities; pleading,
HB 886----------_------------.-------------------- 391, 397, 442, 488, 701 Practice and Procedure; divorce cases; mode of hearing,
HB 885-------------------_--------------_-----...391, 397, 442, 488, 495 Practice and Procedure; service of process upon minors,
HB 641._----_----..----_------_------__----_--_-_--240, 246, 292, 365, 421 Practice and Procedure; Trials; attorney to represent
indigent defendant, HB 1072----------_.....--_......_____..--594, 598, 669, 718, 876 Practice and Procedure; use of demonstrative evidence,
HB 974--_------------------------------------_.----_....-507, 517, 602, 676, 706 Practice and Procedure; use transcript in lieu of brief;
motion new trials, SB 195----_.----__--....._..._.._--------------------------215, 250 Prison Industries Administration, Georgia; create,
HB 650.----.----------------------96, 122, 144, 165, 204, 243, 274, 286, 465, 638 Prison Industry Goods; preference to; political
subdivisions, HB 655----------------------97, 123, 145, 165, 205, 243, 275, 286 Prisoners, Misdemeanor; not under jurisdiction of Board
of Corrections, SB 213------_____________..___------.287, 309, 313, 376, 426 Private Banks; prohibit establishment of new,
HB 708--------------------_------.------------------..161, 162, 196, 487, 642, 709
Probation Act, Statewide; amend; abandonment and bastardy, HB 617----.-----------------------240, 245, 292, 416, 446, 457, 600
Probation Act, Statewide; amend; abandonment and bastardy, SB 177-----...-------------.------.----------------..141, 163, 313
Probation Officers; blanket bond coverage, HB 1136--.--656, 661, 711, 721, 866
Property; inventory and public sale of; certain counties, SB 208---------------------------.--244, 291, 364, 368, 426, 708, 887
Property, real; title to; judgments, decrees and orders, SB 162...----.----------._--__.--_------,,-_--_-,__----------85, 93, 146, 167, 210
920
INDEX
Public Health, Department of; compensation of Director, HB 803-..-.------------------------______--------_658, 665, 714, 810, 874
Public Safety, Department of; drivers' licenses; obtained fraudulently, HB 827--------------_------------------------285, 288, 311, 403, 427
Public Safety, Department of; markings on motor vehicles used by, SB 196--__----------._--__----_----------------216, 250, 404, 451, 467
Public Safety, Department of; misdemeanor to impersonate officers, HB 776----------------__._--------------------649, 665, 714, 811, 867
Public Safety, Department of; subsistence allowance for members; license fees, HB 936--------------___----.431, 435, 482, 489, 544, 655
Public Safety, Department of; use Wave Length Radio System, HB 840-.__.--._------------__--------___._.--_------ 512, 516, 602, 672, 700
Public Safety, Director of; certain counties; repeal act, SB 207----------------.----__----------._--------.244, 291, 364, 368, 426, 654, 887
Public Service Commission; fees for operation, HB 667----.118, 123, 145, 228, 233 Public Service Commission; jurisdiction on selling water;
repeal act, HB 1065----_------------------------------------593, 599, 669, 721, 749 Public Service Commission; salaries of members,
SB 133----.----------------------------------------- 24, 29, 40, 57, 80, 172, 211 Pulaski County; Clerk, Superior Court; salary of,
HB 1081------------------------------______--------.513, 520, 605, 674, 686 Pulaski County; Commissioners of Roads and Revenue;
clerk's compensation, HB 1089--------------------513, 521, 605, 675, 680, 883 Pulaski County; Commissioner of Revenue perform duties
of treasurer, HB 1155----.--------..----------....------.650, 665, 714, 719, 817 Pulaski County; Ordinary's salary, HB 1083---------------.513, 520, 605, 674, 686 Pulaski County; Sheriff's salary, HB 1084----...----------------520, 605, 674, 687 Pulaski County; Tax Collector; salary of, HB 1082----513, 520, 605, 674, 678, 883 Pulaski County; Tax Receiver; salary of, HB 1088 .-----.-513, 521, 605, 675, 687 Putnam County; transfer of lands in to State Board of
Corrections, SR 94------120, 143, 164, 166, 211, 473, 537, 589, 643, 645, 886
Q
Quitman, City of; tax for armory, HB 937-..- ..302, 307, 362, 401, 414, 871, 872 Quitman, City of and Brooks County; merge school systems,
HR 368----------------------------------------------.------393, 398, 443, 486, 572 Quitman County; issue revenue bonds, HR 425.-------------.510, 525, 609, 676, 772
R
Railroad Crossings; automatic warning devices, SB 197------.....------ ......-215, 250 Railroads; certain trains, minimum number of crewmen,
SB 171------------------------------__--___----------------__119, 142, 448, 461 Rape; punishment, SB 90-.._-.---_.-_..-_...-----------------------------. 358, 422, 886 Ray City; incorporate, HB 729------ _-.__-------------------174, 188, 220, 252, 260 Real Estate Investment Board; create, HB 944.......... ...472, 476, 529, 673, 698, 806
INDEX
921
Records; clerks of superior courts may store records away from courthouse, HB 734------------------------..161, 162, 196, 365, 425
Records; destruction of obsolete State records, HB 586-------- 48, 50, 68, 69, 136 Registrars; certain counties amend Voters' Registration
Act, SB 204--------._--...------------.--------------244, 290, 364, 368, 426 Registrars, Deputy; register voters in certain instances,
SB 163------------------.----------------....------85, 93, 126, 147, 169 Reidsville State Park; name, HR 428----.----.----..----------------.-------304, 416 Reilly, Janet; compensate, HR 176----.-.-----.---------303, 308, 363, 486, 498 Reilly, Joseph; compensate, HR 177--.--.----------------.303, 308, 363, 486, 499 Reilly, Mrs. Margaret; compensate, HR 175-------.--------303, 308, 362, 486, 497 Rentz, R. W.; compensate, HR 452--------------___----509, 527, 610, 677, 793 Revenue Bond Law; bonds sold below par, HB 1012--505, 519, 604, 718, 751, 883 Revenue Bonds; actions to validate, HB 971--------------468, 476, 529, 614, 702 Revenue Bonds; notice of elections, HB 970.---------- ----468, 476, 529, 614, 702 Revenue Commissioner, State; establish units within
department, HB 704_------------------------_._...------214, 217, 251, 312, 383 Revenue Commissioner, State; salary, HB 989------------.428, 438, 485, 489, 545 Revenue Commissioner, State; waive collection of
penalties in certain cases, HB 820----------------_------.505, 516, 602, 676, 741 Revenue Department, State; require receipts for cash
payments, HB 705------------------.--------.----------505, 515, 601, 676, 837 Rhine, Town of; terms of mayor and councilmen, HB 871-242, 248, 294, 364, 371 Richmond County; board of education, compensation,
HB 1137-----------------_----------------------------.595, 598, 670, 716, 725 Richmond County; combine county and municipal
agencies, HR 435----.--------------------------------653, 663, 713, 718, 838 Richmond County; convey land, HR 419.....--------------652, 663, 712, 719, 811 Richmond County; convey property, SR 77----------33, 40, 51, 79, 89, 708, 887 Richmond County; levy tax for industrial development,
SR 107--.---------------------------------.--245, 291, 312, 409, 465, 654, 887 Richmond County; name spring in honor of Woodrow Wilson,
SR 88------..--------_--------------------------------------------83, 108, 182 Ringgold, City of; tax exemption, SB 220--------358, 400, 447, 449, 502, 658, 887
Riverdale, City of; amend Charter, HB 962.----------------432, 436, 483, 535, 542
Rockdale County; increase debt limit, SR 79--------..-33, 40, 41, 52, 80, 179, 887
Rockdale County; license and regulate business, SR 80.--------.------------------------------------34, 40, 41, 53, 80, 179, 887
Rockdale County; tax commissioner, SB 149--..----..49, 68, 95, 98, 138, 183, 886
Rockmart, Town of; amend charter, HB 1004------------.431, 439, 485, 535, 543
Rome, City of; amend charter, HB 1073---------513, 520, 605, 674, 686
Rome, City of; corporate limits, HB 1061------------------471, 480, 532, 611, 622
Roosevelt Warm Springs Memorial Commission; convey property, HB 984....--------..----...----..-------------505, 517, 603, 672, 701
Rules of Senate; adopt, SR 70--_----.--.--------....--...----............................--. 5, 22
922
INDEX
Rules of Senate; amend Senate Rule 134; Committee on Educational Matters, SR 144.------.----_..___--------___.....---- ..
Rules of Senate; amend Senate Rule 134; Mental Health Committee, SR 72...... _......----.__.___--------___------......
Russell, Senator Richard B.; invite to address General
..............._. 729 ....... .24, 29
Assembly, HR 341..-----._----.........._----..__--------------.-----.....83, 84
Sales Tax Act; amend; assessment, provide period, HB 699-..----_----.......----.......-----------------.----.......214, 216, 251, 312, 383
Sales Tax Act; amend; credit for hospitals, HB 698--------504, 515, 601, 676, 742 Sales Tax Act; amend; exclusion of governmental sales, HB 866.----391, 397, 441 Sales Tax Act; amend; failure to withhold and collect,
HB 702....--------.----------...----------- __.......------651, 660, 710, 718, 835 Sales Tax Act; amend; registration of dealers, HB 818__.._...504, 516, 602, 676, 747 Sales Tax Act; amend; remove ambiguities, HB 857.--.--..472, 475, 528, 614, 633 Sales Tax Act; amend; uniformity of taxes in general,
HB 863----.-...--..--.----------..---...-----------------..431, 482, 533, 636, 883 Sales Tax; suspend on Holy Bibles, etc., HR 328------------.242, 249, 294, 312, 385 Sales Tax; suspend on personal property for certain hospitals,
HR 329......-.-_-------------------------------------242, 249, 294, 312, 385, 427 Sales Tax; suspend on sales to U. S. Government,
HR 375-------.......------------------..------------ --357, 360, 401, 445, 493 Sales Tax; supend penalties in certain circumstances,
HR 330.------------------_............----._..,,----------------242, 249, 294, 312, 386 Sanders, Senator Carl; honoring, SR 146....-.-..--.-..- ...._._...._.....___.............._._____...729 Sandersville, City of; change corporate limits,
SB 234-.-..------...-.....................-----------------..474, 527, 613, 614, 807, 887 Savannah Beach; provide for elections, HB 1027--.-----....469, 477, 530, 611, 618 Savannah, City of; convey property to Armstrong College,
HB 682-......--.-__----...----......-..----.------..-----.-..240, 246, 292, 366 Savannah, City of; convey property to St. John's Church,
HB 1052------------....------_.._....-..------------------ ... 470, 479, 531, 611, 621 Savannah, City of; create Transit Authority, HR 391----..----.. 393, 444, 487, 555 Savannah, City of; extend corporate limits,
HB 990-......---------------------......----------394, 399, 444, 488, 491, 504, 616 Savannah, City of; Municipal Court; compensation for
Judge, HB 622-..---------------------------------- ..... 82, 86, 93, 125, 130 Savannah City Court; amend act, HB 894----------------285, 289, 311, 365, 373 Savannah Transit Authority; create, HB 892----.---.---300, 305, 360, 402, 406 Scholarships; provide for physicians in mental health field,
HR 274--....------....------------------------------ -..-117, 124, 146, 165, 208 Scholarships and Loans, Medical; provide in State
supported Hospitals, HR 273------.__..._.............----........117, 124, 146, 386, 884 School Building Authority, State; interest rate on bonds,
HB 582-------......--.....---------------------------..--- .....47, 49, 68, 69, 107
INDEX
923
School Bus Drivers; compensation for, HB 579--.-------239, 245, 291, 366, 382
School Buses; provide inspection of, HB 716 -.----------240, 246, 292, 366, 383
School Buses; repaint if bought by others,
HB 755--..--------------------------241, 293, 366, 384, 448, 45*6, 474, 643, 644
Schools; closing of; statement of Legislative Policy, SB 210 _...._-... -245, 291, 295
School for Deaf & Academy for Blind; authorize to purchase
station wagons, SR 104---------- -------- 216, 250, 403, 419, 465, 881, 887
Schools, General Assembly Committee on; create,
HR 369----------.--------------------------------182, 195, 226, 255, 275, 304
Schools; Lunches; provide public funds for free lunches,
HR 120---...-- --------------------_---.- -- ------596, 598, 670, 676, 747
School Personnel; amend Minimum Foundation Program
of Education, SB 140-..--___...----._..__----....-...._...._..-......_-33, 39, 51, 78, 81, 89
School Students; allow trips to be made by, SR 92 ---- -- . --128, 152, 304
School Students; fund raising activities of, SR 133----........._....._._......__694, 802, 807
School, Superintendents of; County; filling of vacancies,
SB 138 .-----._---.-- ---------.----- ----32, 39, 51, 78, 89
School, Superinendent of; County; qualifications of, SB 137 ............. ---- 32, 39, 51
Schools, Superinendent of; State; compensation of,
HB 659-..-----.------------ _---------...ISO, 185, 219, 228, 354, 356, 377
Schools, Superintendent of; State; remove restrictions,
expenses, HB 660--_.-----..----_____________.-....------...----180, 185, 219, 255, 389
School Systems; independent; taxation by municipalities
for support of, HB 714.---._.-.-------.-----------------357, 359, 400, 448, 459
Schools; University System to furnish progress report of
students to, HB 930--________--------------.__--------....592, 596, 668, 672, 746
Schools; Vocational Trade; establish; amendment to
Constitution, SR 71------------...__
-. -24, 29, 30, 43, 63, 182, 887
Screven County; clerk of superior court; salary of,
HB 670--____------.------------_-------- ,,_ -174, 186, 219, 252, 258
Screven County; compensation of sheriff, HB 674--------174, 186, 219, 252, 258
Screven County; create office of tax commissioner,
HB 666-..---____---------------,,_,,__--------------------173, 186, 219, 252, 258
Screven County; salary of Ordinary, HB 663------.------173, 186, 219, 252, 258
Seaboard Airline Railroad; compensate, HR 388--...----. ,,..508, 524, 608, 720, 755
Secretary of the Senate; receive pay for certain
expenses, SR 149- --------------------_----._------------------ _______._----._._____879
Securities Act, Georgia; amend; redefine salesman,
HB 742.....---..------------------------------.----285, 288, 310, 671, 699, 806
Securities to Minors, Gifts of; include accounts Federal
Savings & Loans, HB 751 ----- ............... ---------- ...357, 359, 400, 446, 459
Seed Development Commission, Georgia; terms of
members, SB 160-----.._------....----____......------ .85, 92, 126, 147, 169, 882, 886
Seminole State Park; name, HR 399----.....___.___.__.........__,,..___.____-----.------..304, 416
Senate Chamber; improve aisles in, SR 112----------------------------------------.382
Senate; Committee to study ways and means of
strengthening, SR 106........__._.........._._.._.........__....._._..-........_ 245, 291, 312, 381
924
INDEX
Senate Rules; adopt, SR 70------.-------------------....-_-.----------.5, 22 Senate Rule 134; amend; mental health committee,
SR 72..----..--_----.-_--.--__------....---_...---...-.-------__.----.24, 29 Senate Rule 134; amend; relating committee on
Educational Matters, SR 144-------------_--.--.--..-----.-----------...729 Shadburn, Mr. & Mrs. A. O.; compensate, HR 415..---.--508, 525, 609, 721, 756 Sheriffs of State; provide budget procedure, SB 161..----------------------85, 93 Smith, Hon. George T.; commend, HR 296----.------.....--------..-_--..------32, 45 Smyrna, City of; City Manager, HB 959_--------------.--430, 436, 483, 535, 538 Smyrna, City of; increase corporate limits, HB 759------174, 189, 221, 253, 261 Smyrna, City of; provide for independent school
system, HR 443....._.__--..._--........--------------------...--509, 526, 609, 676, 778 Snellville, Town of; extend corporate limits, HB 1140----595, 598, 670, 716, 725 Snower, H. B.; deplore death of, HR 525-...----...----.--------...------------708, 729 Social Security Board; abolish; create Welfare
Advisory Board, SB 134.--_......_----------24, 29, 30, 43, 57, 80, 183, 230, 298 Soil Conservation District Law; amend; eminent domain,
HB 772.............-----..-.----_--.--_--.--_._--.213, 217, 251, 673, 732, 883 Spalding County; consolidate office of tax receiver &
collector, HB 967..---.----..----...--_----------------430, 437, 483, 535, 539 Spalding County; establish water districts, HR 447--.----509, 526, 610, 677, 787 Spivey, Ferrnell L.; compensate, HR 386----------------------508, 524, 608, 720, 754 Spring Place, City of; levy ad valorem tax,
SB 191---------------.--..------.-----215, 249, 364, 367, 426, 653, 886 State Agencies; relating surplus funds held by, HR 493--651, 664, 714, 720, 867 State Board of Corrections; commend, SR 82--_------__..---------------------- .....31 State Board of Corrections; transfer of lands in Putnam
County to, SR 94------...120, 143, 164, 166, 211, 473, 537, 589, 643, 645, 886 State Board of Corrections; transfer of certain prisoners
to Milledgeville, HB 761----._.----.___.--.......----------..657, 667, 715, 721, 837 State Board of Education; add members; method of filling
vacancies, SR 91----..--------------------.------125, 126, 149, 169, 708, 887 State Board of Education; provide funds for scholarships
for teachers, HR 357.------------------------._--..----------.657, 663, 712, 834 State Board of Hairdressers & Cosmetologists
Examiners; create new board, SB 95.------.......----------------..89, 105, 151 State Board of Health; add psychiatrist to staff, HB 647--96, 122, 144, 165, 207 State Board of Health, power of Director,
SB 145....-.----_...--------..--..--------.------.-49, 67, 126, 167, 210, 707, 886 State Board of Optometry Examiners; appointment of
members, HB 743--------------------.----------431, 434, 481, 676, 741, 883 State Department of Agriculture; advisory committee to
institutional farms, HB 587----------..........__----.._..----.48, 50, 68, 70, 136 State Department of Entomology; amend Act of 1937,
HB 907-------------------------------------------------512, 517, 602, 673, 706 State Depository Board; membership; add State Auditor
& Superintendent of Banks, HB 612..----------.------65, 67, 88, 198, 211, 243
INDEX
925
State Employees; Budget Bureau to establish working hours for, SB 147..------------------------.....49, 67, 94, 136, 151, 393, 886
State Employees; Fidelity Bonds; procured by Supervisor of Purchases, SB 129 . ----.------..----23, 28, 29, 42, 63, 97, 298
State Employees; mileage allowance; supervised by Budget Bureau, SB 130------_...._----------....._.__.__. 23, 28, 29, 42, 63, 118, 298
State Employees; physical examinations for, HB 584,,....--47, 50, 68, 70, 108 State Employees; retirement system act amended,
HB 869----------------------------------472, 476, 529, 672, 745, 836, 837 State Employees Retirement System; credit for service
in Armed Forces, SB 182.._____.------------------.184, 217, 254, 297, 355, 807, 886 State Examining Board; credit to veterans taking certain
examinations, HB 1055-----------------_-------------- 512, 520, 605, 718, 833 State Flag; prohibit use of for advertising, HB 802-241, 247, 293, 403, 423, 495 State Highway Board; expenditure of funds,
SB 167------.......---..............---------.----------92, 125, 229, 231, 282, 659, 886 State Highway Board; Joint Session to elect members,
HR 289----------------..------------.._.....,,........-...........-----------.26, 27, 34 State Highway Board; salary, allowances, etc. of
members, HB 906-----------------------......----...........392, 397, 442, 445, 495 State Hospital Advisory Committee; abolish; transfer
functions, HB 652------.----------..............................---97, 122, 144, 165, 169 State Hospital Authority; funds for buildings at
Milledgeville State Hospital, HB 588.-.....-----------------48, 50, 68, 89, 136 State Institutions; temporary transfer by Governor,
HB 654--.------------------_____-----_-----------.97, 122, 144, 146, 166 State Office Building Authority; revenue bonds, HB 589 ------.48, 50, 68, 69, 137 State Officials; removing rights of; Code Sec. 89-9908,
SB 181--------------- -------------------------- -166, 196, 227, 234, 239 State Officials; right to appear before grand jury as
witnesses, SB 180------- -----------------------------166, 196, 227, 234, 282 State Oil Chemist; salary and term of office,
HB 1005---------...................._..----......-------------511, 518, 603, 673, 704, 805 State Parks; provide cabins for personnel, SR 85----39, 51, 69, 79, 89, 160, 237 State Penal & Rehabilitation Authority; create, HB 656----97, 123, 145, 165, 206 State Prison; sale of telephone lines to, HR 411._. ----------472, 481, 533, 672, 704
State Property in Chattanooga; committee to inspect, HR 340-----------------------------------------------------------------70, 80
State Records; obsolete; destruction of, HB 586 ........................... 48, 50, 68, 69, 136
State Revenue Commissioner; establish units within department, HB 704 .--------......_------.........------------214, 217, 251, 312, 383
State Revenue Commissioner; salary of, HB 989--------428, 438, 485, 489, 545
State Revenue Commissioner; waive collection of penalties in certain cases, HB 820--------------------505, 516, 602, 676, 741
State Revenue Department; require receipts for cash payments, HB 705......-......-..........----__._--------------------505, 515, 601, 676, 837
926
INDEX
States Rights; Memorialize Congress; relating to;
HR 279.-... -........---------------------.-------393, 440, 486, 534, 589
State Seal; authorize purchase of new seal, HR 423-----391, 399, 444, 445, 493
State School Building Authority; interest rate on bonds,
HB 582--...........---------....__.....-----__--.....-.--..-.-.---.------47, 49, 68, 69, 107
State Superintendent of Schools; compensation,
HB 659----..-.---.------------------------180, 185, 219, 228, 354, 356, 377
State Superintendent of Schools; remove restrictions,
expense, HB 660-----.-...-.--------------------------.----180, 185, 219, 255, 389
State Warehouses; Committee to investigate, HR 472...------------------.657, 695
Statewide Probation Act; amend; abandonment &
bastardy cases, SB 177......... .-- ..--.-----------------------------.141, 163, 313
Statewide Probation Act; amend; abandonment &
bastardy cases, HB 617--.................. ------240, 245, 292, 416, 446, 457, 600
Statewide Probation Act; effect of violation of
probation, HB 608-------. ---------------------....- 214, 216, 251, 313, 376
Stationary Engines & Boilers Act; license to run; repeal
act, SB 206-------------..-......--..-----...---.-.-.----.---- .... 244, 291
Stephens County; compensation of Clerk of Superior
Court, HB 1128--------------._----.--------594, 597, 599, 669, 716, 723
Stephens County; ordinary's compensation, HB 1133...-----595, 598, 670, 716, 725
Stephens County; sheriff's salary, HB 1127.-.-...-----.-594, 597, 669, 716, 724
Stevenson, Paul A.; deplore death of, HR 513--.--------------------------. 653, 696
Stewart County; authorize to construct bridges, HR 406--509, 525, 608, 676, 762
Stewart County; compensation of commissioners,
HB 780------------------------.----..------------...----176, 190, 222, 364, 370
Stewart County; installation of electrical systems,
HR 405------------------------_--.-----------505, 525, 608, 676, 760, 884
Stewart County; issue revenue anticipation bonds,
HR 378----------------------------------,,--------.-----393, 398, 443, 487, 551
Stone Mountain Judicial Circuit; assistants to
Solicitor, HB 530----------------,,--------------
------719, 727, 806
Stone Mountain Judicial Circuit; Judge's salary,
HB 1122--------------------.------------------.----. ..655, 661, 711, 717, 815
Stone Mountain Judicial Circuit; salary of Solicitor
General, HB 533____----_.__________--.._----.--------717, 812
Stream Pollution; create study committee, SR 142------------------------------878
Structural Pest Control Act; amend,
SB 223------------------------358, 400, 402, 455, 466, 730, 735, 887
Summerville, City of; close certain street, HB 808-----------176, 191, 402, 405
Summerville, City of; close portion of County Road,
HB 809---------------------.-------------------------177, 191, 223, 402, 405
Summerville, City of; close portion of Smith Street,
HB 810----..------.-----------------.----__--------.----177, 191, 223, 402, 405
Summerville, City of; close portion of Third Street,
HB 811--- .------------------------------------------177, 191, 223, 402, 405
Sumter County; provide lawbooks to, HR 281--------._......... 97, 123, 145, 227, 270
INDEX
927
Superior Court Clerks; may store records away from Courthouse, HB 734----------.--------------------161, 162, 196, 365, 425
Superior Court Judges; expenses and mileage for, SB 174--------------------------------------------140, 163, 227, 233, 282
Superior Courts; Qualifications of Judges Emeritus, HB 233---------------------------------------.473, 474, 528, 612, 633, 654
Superior Courts; salary system for Clerks of; certain counties, HB 972.____-_----.......------------------------------429, 437, 484, 612, 615
Superior Courts; use of facsimile signatures by Clerks, HB 618.-.--.-.--..--..------------..---------.65, 67, 88, 227, 236, 882
Supervisor of Purchases, State; procure fidelity bonds for employees, SB 129._-..------------------........--23, 28, 29, 42, 63, 97, 298
Supreme Court Justices; social security authorized, SB 139----........_.------...------.......--------------..33, 39, 88, 107, 138, 707, 886
Surplus Property & funds; held by State Agencies, HR 493----...----------------------------------------......--651, 664, 714, 720, 867
T
Talmadge, Senator Herman; invite to address General Assembly, HR 341___-__----......-.-....-.....---._--.-.....-.-.-.-----------------..83, 84
Talmadge, Senator Herman; joint session to hear address, HR 342--------------------.,,----..----__-- --------..------------83, 84
Tallapoosa, City of; recorder's court, HB 1048--------470, 479, 531, 611, 623, 883 Tattnall County; sale of telephone lines to State Prison,
HR 411--..-......-...-.....--_.--------_--------------------...472, 481, 533, 672, 704 Tatum, Loyd; compensate, HR 209------.--...----.----------303, 309, 363, 486, 500 Tax Assessors; joint city-county boards, certain counties,
HB 1011-..-.....------..------------------------------.--------512, 519, 604, 674, 684 Tax Collectors and Commissioners; certain counties,
HB 883----------------------------------------------------392, 397, 442, 488, 490 Tax, Export; prohibit on goods manufactured in Georgia,
HB 1019-------------------------------------------------.472, 477, 529, 673, 702 Tax Levy; education, millage limitation, SR 76----------33, 40, 59, 80, 659, 733 Tax Return; preparation of digests, certain counties,
SB 176.--------.-.-----.--------....-.----------141, 163, 252, 255, 298 Taxation by Municipalities; support of independent
school systems, HB 714--...--.--------------------------357, 359, 400, 448, 459 Taxes, Estate; assessment and collection, HB 532.----161, 162, 196, 487, 585, 805 Taylor County; issue revenue bonds, SR 124-.--....-.-474, 527, 533, 626, 808, 888 Taylorsville, Town of; amend charter, HB 757--.-..-------174, 189, 221, 402, 404 Teachers' Retirement; amend act creating, SB 237...-------------------.----.808, 810 Teachers' Retirement; extend exemptions and
immunities, HB 664--------------------------------651, 659, 710, 716, 811 Teachers' Retirement; prior service benefits,
SB 184-----..-........---..-.------------184, 218, 228, 274, 298, 740, 741, 886
928
INDEX
Teachers' Retirement System Act; include certain
employees, HB 694 ..------------------_------ _. .------------240, 246, 292, 448, 460
Teachers' Salaries; urge Governor to increase, SR 129----.----------536, B90, 657
Teachers' Scholarships; appropriations, HB 747____------.....472, 475, 528, 536, 635
Teachers' Scholarships; Board of Education provide
funds for, HR 357..__----_------------._-....__.------_------_------657, 663, 712, 834
Telephone; use of language on, HB 690..--.----------__------173, 187, 220, 365, 747
Telephone Company; express appreciation to employees,
SR 132....____.___ _____ -,,______-------__
694
Telephone Party Lines; failure to relinquish in
emergency, HB 689----------------.------.....----.178, 187, 220, 365, 426, 511
Telfair County; bonds to aid industrial development,
HR 455-......----.----------------------_------505, 527, 610, 677, 794
Telfair County; closed deer season, HB 1113...- __................515, 523, 607, 673, 690
Tenpins; rolling of by minors, HB 633......------------._------.------..65, 67, 88, 137
Terrell County Development Authority; bonds,
SB 199--.-----.---------------------------243, 290, 364, 367, 426, 506, 590
Thomaston, City of; corporate limits, HB 924------_-----301, 306, 361, 402, 407
Thomasville Payroll Development Authority; create,
HR 377----------------------------------------_-----393, 398, 443, 486, 562
Thomson, City of; land conveyance from McDuffie
County, SR 93--------------__--------.----120, 142, 228, 232, 282, 808, 887
Thunderbolt, Town of; clerk of council and ex-officio
treasurer, HB 619----... ---- ..------------------------ ...----.82, 85, 93, 125, 130
Thunderbolt, Town of; method of voting, HB 621----..----------.82, 86, 93, 125, 130
Thunderbolt, Town of; terms of mayor and aldermen,
HB 620..------.-----------._----------_------------------..------82, 85, 93, 125, 130
Tift County; compensate members of school board,
HR 77-...-.............--..--.-----..-..----.------....-_--......................------165, 317
Tift County; land conveyance by Board of Regents to
U. S. Government, HR 374----------------------------.596, 599, 670, 720, 750
Tift County; taxes for education, HR 460....------._...----656, 663, 713, 719, 841
Tift County Development Authority; create, HR 325------179, 194, 225, 254, 336
Tift County Library; donations from City of Tifton,
HB 1040__-----.----------------------------------------469, 478, 531, 674, 685
Tifton, City of; compensation of commissioners,
HB 677--........----------------------------------------173, 186, 219, 252, 259
Tobacco; regulate sales of flue cured tobacco,
HB 717-------- ------------------118, 124, 146, 295, 296, 385, 416, 417, 449
Tobacco Research Programs; committee to study, SR 105----------------245, 291
Tobacco Tax Act; amend, HB 790----_.-- _._.394, 399, 444, 447, 492
Toccoa, City of; corporate limits, HB 978------------------429, 438, 484, 535, 541
Trade Practices; define unfair, SB 150.--------------------------------.65, 87, 534
Traffic Courts; assistant solicitor, certain counties,
HB 1006.......____------_.------------__.----------__----------510, 518, 603, 674, 683
Traffic Safety; committee to study legislation relative
to, SR 134-......--............-------------___----------------.--------694, 802, 807
INDEX
929
Transit Authority Act; create, HB 893._. .____--------------.392, 397, 442, 672, 746
Transit System; relieve Urban System from paying 1958
tax, HR 392--_-..-__--.-_----_--_------_------------656, 663, 712, 721, 832
Treasurer, Office of County; abolish in certain counties,
SB 205-----...-----------------------.---244, 291, 364, 368, 426, 654, 887
Treatise, "God Is"; request Georgia delegation in
Congress to adopt principles, HR 360...........--------
...
-.304, 416
Trenton, City of; corporate limits, HB 1024..............-_.-....469, 477, 530, 611, 617
Trespassing; refusal to leave certain premises,
HB 1112---_.---_--.---_.-___--.__------__----------.594, 600, 669, 671, 730
Trials; attorney to represent indigent defendant,
HB 1072...--...-----.----_--_...._.___._-------------------594, 598, 669, 718, 876
Trials; civil suits, use of demonstrative evidence,
HB 974.-----_---------_-__------__----------------507, 517, 602, 676, 706
Trials; motion for new; use transcript in lieu of a brief,
SB 195-------------------------------------------_----_--.---.215, 250
Trials; Superior Court, calendar, define "reasonable
notice," HB 884--_----__--_...----__-__----------------391, 397, 442, 488, 494
Trion, Town of; corporate limits, HB 933.------_____-- --302, 307, 361, 402, 408
Trion, Town of; corporate limits, HB 934.__._....__.__..__......______302, 307, 361, 402, 408
Truck Brokers; licensing in agricultural products,
HB 420-----------------------------------------------------------------673, 732
Trust Companies; regulating of capital stock, duties of
Superintendent of Banks, SB 201-----------243, 290, 447, 455, 466, 807, 887
Trusts; distribution of income, HB 604--..------_----._--__----65, 66, 87, 88, 137
Tuberculosis; care of afflicted prisoners, HB 572 ------------64, 66, 87, 126, 159
u
Unadilla, City of; create new charter, HB 1153------.650, 665, 714, 719, 817 Unemployment Compensation; amend Employment
Security Law, HB 636....------....................------------140, 141, 163, 228, 234 Uniform Act Regulating Traffic on Highways; amend,
driving while intoxicated, SB 209---..----...--------244, 291, 365, 419, 465 Uniform Act Regulating Traffic on Highways; amend,
inspection of school buses, HB 716.--------_.------... 240, 246, 292, 366, 383 Union Point, City of; corporate limits, SB 222..----358, 400, 447, 449, 502, 658 University of Georgia; convey land in Tift County,
HR 374--.._____-.---._----------------------..------------.--596, 599, 670, 720, 750 University of Georgia; 100th anniversary celebration
of Law School, HR 398...-- ....----.......--.......--------. ---------- ..__.182, 230 University of Georgia; transfer of lands in Putnam
County to Board of Corrections, SR 94........-----.--.....--120, 143, 164, 166, 211, 473, 537, 589, 643, 645, 886 University System Building Authority; revenue bonds, HB 653.-.--....-------------.----..----.------------.97, 122, 144, 165, 170
930
INDEX
University System of Georgia; furnish schools progress
reports of students, HB 930 ___._... .. ........._..._..._..... ,..-592, 596, 668, 672, 746
University System of Georgia; nuclear facilities,
liability insurance, HB 912 ._.___._______.._.__..._......._.....__ 357, 359, 401, 448, 461, 806
Urban Redevelopment Act; amend, posting notices on
property, HB 1064 .-..----.--.--..-----------------------655, 661, 711, 718, 832
Urban Transit System; relieve from paying 1958 tax,
HR 392.- _ ---------..----------.-.------------ ----656, 663, 712, 721, 832
Used Car Dealers Registration Act; amend, give bond,
renew license, HB 792 .......
- -285, 288, 310, 613, 696
Used Car Dealers Registration Act; not apply certain
counties, SB 154 .._...._.__.............___...... ...___..._._._.....___......__.. ...... 66, 87, 95, 99, 138
Used Car Dealers Registration Act; renew licenses,
HB 798 _._....._______.__._.___._..___._._.__.____.___.___._. ..___....._.____...._______. 472, 475, 528, 613, 696
Uvalda, Town of; change name to City of, HB 1116___.____.__.515, 523, 607, 675, 691
V
Valdosta, City of; corporate limits, HB 1161 -- ---.-- --.659, 666, 715, 717, 818
Valdosta , City of; employees' retirement, HB 921 ......._..._.301, 306, 361, 401, 407
Valdosta, City of; method of financing facilities, HB 985... 429, 438, 484, 535, 541
Valdosta, City of; redefine limits, HB 1132 .----.-.595, 597, 670, 717, 726, 806
Valdosta-Lowndes County Industrial Authority; create,
HB 986.-- ----------------------.. ------.-------- ----------432, 438, 484, 535, 543
Valdosta-Lowndes County Industrial Authority, create,
HR 414.-- -.--------------- .......------------..------..-- 510, 525, 609, 677, 768
Veterans; educational benefits, memorialize Congress, HR 313 ----..-- -180, 230
Veterans; endorse projects of Sons of Confederate Veterans, HR 524 ... 708, 729
Veterans; Examining Board give credit, certain
examinations, HB 1055.__.______.._....___... ..._...... ...____..____.._.__.512, 520, 605, 718, 833
Veterans; World War I, favorable benefits, petition Congress, HR 297----180, 229
Veterans' Home Commission; transfer duties to Veterans'
Service Board, HB 646--------. ....----------------. 96, 122, 144, 254, 353
Veterans' Hospital ; request to Congress for funds, Atlanta
area, HR 314 ____._......_...
_.-- ...
..180, 230
Vidalia State Farmers' Markets; convey property, SR 26 .__..__._....... ----119, 211
Vienna, City of; create new charter, HB 1152 -- ----------649, 665, 714, 719, 817
Villa Rica, City of; amend charter, HB 638---..____...__........_....--82, 86, 94, 125, 131
Vital Statistics Act; filing of death certificate,
HB 868 ----------..----.---.._---------..-- ..-- -473, 476, 528, 613, 697, 883
Vital Statistics Law; disposition of dead bodies,
SB 233 ----------------... .....----------------.. ....395, 441, 447, 492, 503, 807, 887
Vocational Trade Schools; established, SR 71 --.------24, 29, 30, 43, 63; 182, 887
Votes; solicitation of, specified distance from polls,
certain counties, HB 920...--.------.--..-......-------- ----433, 435, 482, 533, 615
Voters; qualification and registration, deadline,
HB 709---- --..--------------------. .-------------653, 667, 716, 718, 835, 882
INDEX
931
Voters' Registration Act; amend, counties of 400,000 population, SB 152..--.-----------------------.--------65, 87, 95, 99, 138
Voters' Registration Act; amend, destruction of records, HB 725_..------------...__--------------........----------...162, 196, 254, 355
Voters' Registration Act; amend, determination of records, HB 947...------.---------------------------.---592, 598, 668, 718, 867
Voters' Registration Act; registrars, certain counties, SB 204----.-------------------------------244, 290, 364, 368, 426
Voting; assistance to handicapped persons, HB 692------650, 660, 710, 809, 884 Voting By Mail; tabulation, HB 639 ............ ....... ........173, 185, 218, 254, 353
w
Waco, Town of; authority to grant franchises, HB 1013--431, 439, 485, 535, 543 Walker, James Hubert; compensate, HR 390..--..--------508, 525, 608, 720, 756 Wall, John D.; compensate, HR 278------------------..-303, 309, 363, 486, 501 Wallace, Judge George; invite to address General Assembly, HR 312------83, 128 Wallace, Judge George; thank for address, HR 372------------------------129 Walton County; commissioners' salaries, HB 903----------286, 289, 311, 365, 375 Walton County; salary system for certain officials,
HB 901.-..------.--------------------------------------286, 289, 311, 365, 374 Walton County; tax commissioner's salary, HB 904.----.286, 290, 312, 365, 375 Ward and Guardian; notice of application for order to
sell, HB 610-------_-----.._--.----_.----.--------__------65, 66, 88, 168, 243 Ware County; issue business licenses, HR 408--___------391,399, 444, 487, 557 Warehouses, State; committee to investigate, HR 472---------------- ----657, 695 Waring, Hon. Gerald; commend, SR 73----.-----.--------------.------..--25 Watson, Tom; designate bridge as, SR 118.__...----.._....--,,..--. ..... --450, 502, 806 Wave Length Radio; Department of Public Safety
adopt, HB 840-.-....----...--------------------------..512, 516, 602, 672, 700 Waverly Hall, Town of ; levy tax for fire protection,
HB 763.-..-.....-.-.......-...---.---.--.------..------.------------175, 189, 221, 253, 262 Wayne County; board of education, HR 323.----_,,--179, 194, 225, 253, 332 Wayne County; create board of commissioners, HB 981.__429, 438, 484, 610, 616 Welcome Stations; Federal Highways, SB 141-----33, 40, 229, 231, 282, 881, 886 Welfare Advisory Board; create, SB 134----24, 29, 30, 43, 57, 80, 183, 230, 298 Wesleyan Conservatory; State to purchase for historical
purposes, HR 454------------------...__._____....--..._----------------394, 444, 450 Western and Atlantic Railroad; ratify lease agreement,
HR 322....-.-.. .-.-.....---..-----------.---------------.----160, 163, 197, 228, 232 Western and Atlantic Railroad and City Center, Inc.,
SR 99--..---..----....------------------...----_--------------185, 218, 228, 282 Western and Atlantic Railroad Property; easement, SR 143----729, 881, 885, 888 Wheeler County; commissioners, HB 980------_............------------429, 438, 484, 809 Whitfield County; advisory board, HB 770------....._..... ... 175, 189, 222, 253, 262 Whitfield County; commissioner's salary, HB 665...------------82, 86, 94, 95, 132 Whitfield County; compensation of sheriff, HB 668----------83, 86, 94, 95, 132
932
INDEX
Whitfield County; create office of tax commissioners, HB 673..----.----------------_.---__---_-----.---_-.-.--.83, 87, 94, 95, 132
Whitfield County; fire prevention districts, HE 412------391,399, 444, 487, 568 Wilby-Kincey and Metro-Goldwyn-Mayer; express
appreciation to, HR 465.------------------------.------_.----------------434, 450 Wilcox County; commissioners' compensation,
SB 211 -----_--------_---_---------.----...245, 291, 364, 369, 426, 506, 880 Wilcox County; issue revenue bonds, SR 125---_----474, 527, 534, 628, 808, 888 Wildlife Rangers; reimburse for expenses incurred,
HR 349------_--------.--------------..---_--.286, 290, 312, 446, 462 Wilkes County Education Association; commend, SR 116----------------_-----449 Wilson, Woodrow; name spring in honor of in Richmond
County, SR 88--------___--------..-..--_..----....----------...__..--_.--_83, 108, 182 Winder, City of; corporate limits, HB 1033----------.----.469, 478, 530, 611, 618 Woodland, Town of; change name to City of, SB 135----........ 28, 95, 98, 138, 183 Woodmen of the World; invite to come to Atlanta for convention, SR 119----.450 Workmen's Compensation Board; compensation of members,
SB 175------_-------------.------_._----.._----140, 163, 198, 204, 237, 708, 886 World War I Veterans; benefits, memorialize Congress, SR 75 --__..--..._____---- 27 Worth County; issue revenue bonds, HR 502 ___----_...658, 667, 715, 718, 860 Wrightsville, City of; corporate limits, HB 1106----------515, 523, 607, 675, 690
Y
Year's Support; effect on options or contracts to sell land, HB 718.-----------------------240, 246, 292, 446, 460, 601, 632, 703, 709
Young Harris, Town of; reincorporate, HB 784--__,..--------.241, 247, 293, 364, 370
z
Zoning and Planning; procedure, certain counties, HB 1008..--------------.------------------------510, 518, 604, 674, 684
INDEX
933
PART II
SENATE BILLS AND RESOLUTIONS
SB 24--Game and Fish Laws; violation; plea of guilty, Court of Ordinary------------------------------------.----------..304, 426
SB 30--Electric Membership Corporation Act; redefine Rural Area ___133, 152 SB 44--Liens; Laborers' and Materialmen's; enforcement.------------139, 466 SB 56--Lottery; maximum imprisonment; second conviction--__..H9, 135, 211 SB 90--Rape, Crime of; punishment for_.__ ..._._. ------____358, 422, 886 SB 94--Barber Examiners, State Board of; create new board... ___________.----89 SB 95--Hairdressers & Cosmetologists, State Board of; separate....89, 105, 151 SB 99--Coffee County; provide 7-members Board of
Commissioners ------ __------------_------___.--------______...__ <)7, 200, 705 SB 100--Motor Contract Carriers; clarify exempt vehicles.----_..___._____.671, 697 SB 101--Motor Common Carriers Act; exempt certain vehicles__275, 671, 697 SB 104--Printer matter; prohibit distribution of in behalf
of candidates; certain counties__...------------------------...__834, 855 SB 128--Insurance; provide for State to have self-
insurance __-------------__----------------23, 28, 29, 41, 63, 182 SB 129--Fidelity Bonds, State employees; by supervisor
of purchases._.____.___.___--________________.__.__.23, 28, 29, 42, 63, 97, 298 SB 130--Budget Bureau; supervise mileage allowance;
state employees _------------------------23, 28, 29, 42, 63, 118, 298 SB 131--Naval Stores Inspector; abolish office of__--24, 29, 29, 42, 97, 298 SB 132--Merit System; report number of employees,
salary, etc. to Budget Bureau--------------24, 29, 29, 43, 55, 80, 183 SB 133--Public Service Commission; salary
of members....-----__-------------------24, 29, 40, 57, 80, 172, 211 SB 134--Welfare Advisory Board; created in lieu of
Society Security Board ________________ 24, 29, 30, 43, 57, 80, 183, 230, 298 SB 135--Woodland, Town of; change to City of------------..28, 95, 98, 138, 183 SB 136--Game & Fish Commission; acquisition of lands
from U. S.----__----__------__--------__----28, 126, 159, 169 SB 137--County School Superintendents; qualifications of----__,,___.32, 39, 51 SB 138--County School Superintendents; filling of
vacancies ------------------___--__--------------32, 39, 51, 78, 89 SB 139--Supreme Court Justices; covered by
social security------------------------33, 39, 88, 107, 138, 707, 886 SB 140--Board of Education; hiring of personnel^..----33, 39, 51, 78, 81, 89 SB 141--Welcome Stations; provide at entrance of
Federal highways.--------------------33, 40, 229, 231, 282, 881, 886 SB 142--Marriage License; three day waiting period...._..__39, 50, 89, 107, 138 SB 143--Grand Juries; continue investigation after adjournment --------48, 67 SB 144--Secretary of State; employ compiler of
acts and resolutions____..._______.___...._____...___49, 67, 88, 107, 138, 882, 886
934
INDEX
SB 145--State Board of Health; duties and functions .----------------------------49, 67, 126, 167, 210, 707, 886
SB 146--School for Mental Defectives; transfer to Dept. of Public Health-----.--_------------49, 67, 94, 136, 151, 393, 886
SB 147--Budget Bureau; establish working hours for State employees.-.---------------------49, 67, 94, 136, 151, 393, 886
SB 148--Conyers, City of; Commission form of Government ...------.-----.----__----------.49, 67, 95, 98, 138, 183, 211
SB 149--Rockdale Coanty; employ clerical help.--.49, 68, 95, 98, 138, 183, 886 SB 150--Unlawful Trade Practices; define---------------._.-------65, 87, 534 SB 151--Atlanta, City of; amend charter, Municipal Court--65, 87, 95, 98, 138 SB 152--Voters Registration; places of in certain counties.. .65, 87, 95. 99, 138 SB 153--Foresters, Board of Registration for; amend act.......... .66, 87, 295 SB 154--tfsed Car Dealers; registration act not apply
certain counties ......_------------..--_------......_....___.._.66, 87, 95, 99, 138 SB ^55--Administrator & Executor; qualifications of
non-resident -------------------------.------ ......84, 92, 227, 233, 282 SB 156--Deputy Clerk; compensation; certain
counties --------------------------.----84, 92, 95, 129, 152, 242, 886 SB 157--Ordinaries; retirement; allocation from
certain fines ....----.------_----------------. .----84, 92, 365, 417, 465 SB 158--Motor Vehicles; maximum gross weight;
certain highways ......_. ----._--------------------.... ......84, 92, 229, 271 SB 159--Livestock Poultry Disease Board;
amend act _.......--------------------._..._....84, 92, 126, 147, 169, 882, 886 SB 160--Georgia Seed Development Commission;
terms of members._.....----------...--------_.85, 92, 126, 147, 169, 882, 886 SB 161--Sheriffs of State; provide budget procedure ._...._......._.__..._. 85, 93 SB 162--Judgments; real property; recording of title----85, 93, 146, 167, 210 SB 163--Deputy Registrars; register voters certain
instances --------------------------------.------------...85, 93, 126, 147, 169 SB 164--Fireworks; sale of; remove certain exceptions...................... 91, 124 SB 165--Motor Vehicles; special permits for excess
weights .....------------------------_..----91, 125, 313, 417, 428, 456, 466 SB 166--Motor Vehicles; fines and forfeitures;
allocate funds ----------------..--------.91, 125, 313, 351, 389, 708, 886 SB 167--Highway Board; expenditure of
funds ------......------------ ___.-- ...__.__._. .92, 125, 229, 231, 282, 659, 886 SB 168--Foreign Corporations; merge Georgia
corporations ----------._...------..------119, 142, 146, 168, 210, 882, 886 SB 169--Credit Cards; punishment if used by
others __._-__..._._...------------------..119, 142, 227, 235, 282, 659, 728, 886 SB 170--Malt Beverages; regulate sale of-------------------.. --119, 142, 375 SB 171--Railroad Trains; certain types; operate certain
number of crew.----.-------------------------- .119, 142, 448, 461 SB 172--Fulton County; Commission members; election
of in event of vacancy------------------------119, 142, 197, 198. 237
INDEX
935
SB 173--Collection Agencies; licensing of--- --120, 142, 198, 232, 271, 298 SB 174--Superior Court Judges; provide for
expenses, mileage, etc.....-.--.----._----~.----140, 163, 227, 233, 282 SB 175--Workmen's Compensation Board; compensation
of members __--..--.----..------------.140, 163, 198, 204, 237, 708, 886 SB 176--Tax Returns; digests; how made in certain
counties ...._..------_.....___._--.----_......---------- -141, 163, 252, 255, 298 SB 177--Abandonment & Bastardy Cases; revocation
of suspended sentences.____----___----------.----...----141, 163, 313 SB 178--Chatham County; provide fire protection
outside city limits.----.----------_...--.161, 195, 252, 256, 298, 433, 887 SB 179--Chatham County; maintain facilities
for utilities --.--------_----------..----.162, 195, 252, 256, 298, 433, 887 SB 180--Officials, public; appear before grand jury
as witnesses ---__--_-----------.------------__----166, 196, 227, 234, 282 SB 181--State Officials; removing rights of; appearing
before grand jury----.....---_--------------166, 196, 227, 234, 239 SB 182--State Employees Retirement System; credit for
service in armed forces._----_____.184, 217, 254, 297, 355, 807, 886 SB 183--Hart County; salary of commissioner of
roads & bridges..--------__--._------.184, 217, 252, 256, 298, 433, 886 SB 184--Teachers' Retirement System; amend
act -----------.---------------_.184, 218, 228, 274, 298, 740, 741, 886 SB 185--Liberty County; Board of Commissioners;
amend act ----------.._------------184, 218, 252, 257, 298, 473, 646, 887 SB 186--Liberty County; compensation of deputy
sheriff ---__--.._..--.-------------.------------.184, 218, 252, 257, 298 SB 187--Motor Vehicles; excess weight and lengths;
procedure for unloading .----_--..--------------.....__.._....------ .184, 218 SB 188--Motor Vehicles; weights and lengths; enforcement
of by State Highway Board.--184, 218, 313, 352, 389, 864, 871, 886 SB 189--Motor Vehicles; part of monies received from fines
paid to Highway Department.------.-._----_----.----.--_--.--_184, 218 SB 190--Chatsworth, City of; change corporate
limits __....__....--._...----...----....--.---- 214, 249, 364, 366, 426, 653, 886 SB 191--Spring Place, City of; levy ad valorem
tax _-_..---..--.__----__--_--.----------215, 249, 364, 367, 426, 653, 886 SB 192--Appeal & Error; record on appeal; provide
for corrections ----______------_--..----------------. .--------215, 249, 297 SB 193--Hartwell, City of; amend charter----215, 249, 364, 366, 426, 600, 886 SB 194--Court of Appeals Records; appeal to Supreme Court ----....215, 250 SB 195--Trials; motion for new; use transcript in lieu
of brief of evidence.__..__.__________--_--_--_..----__------....----....,,---- 215, 250 SB 196--Department of Public Safety; marking of
motor vehicles used by.--. . _----------__----___----215, 250, 404, 451, 467 SB 197--Railroad Crossings; provide separation structures;
automatic warnings --...------.--------.------..--..._--.........__.215, 250
936
INDEX
SB 198--County Officials; change from fee to salary system; certain counties_--_______--_------__--.215, 250, 364, 367, 426
SB 199--Terrell County; issue revenue anticipation certificates __________________________243, 290, 364, 367, 426, 506, 590
SB 200--Interrogatories; when shall be answered.___----_243, 290, 403, 419, 465 SB 201--Trust Companies; regulate capital
stock ______._________________________._.243, 290, 447, 455, 466, 807, 887 SB 202--Chatsworth, City of; close streets_--244, 290, 364, 367, 426, 653, 887 SB 203--Fulton County; Criminal Court; retirement
judges and solicitor___________.______._244, 290, 364, 367, 426, 654, 886 SB 204--Voters Registration; registrars in certain
counties _________________________...________..__244, 290, 364, 368, 426 SB 205--County Treasurer; abolish office of;
certain counties _________________.___.244, 291, 364, 368, 426, 654, 887 SB 206--Engines and Boilers; license to run; repeal act__--___________244, 291 SB 207--Public Safety, Director of; certain counties;
repeal act __________________________244, 291, 364, 368, 426, 654, 887 SB 208--Property, Sale of County owned;
certain counties ________________.____244, 291, 364, 368, 426, 708, 887 SB 209--Motor Vehicles; penalty for driving U/I___~~244, 291, 365, 419, 465 SB 210--Schools, Closing of Public; provide for referendum_.____.___245, 291, 295 SB 211--Wilcox County; compensation of
Commissioners ._____________,._____,,____245, 291, 364, 369, 426, 506, 886 SB 212--Macon, City of; salary of Mayor and
Council _______________________________.287, 309, 365, 369, 426, 506, 886 SB 213--Misdemeanor Prisoners; Board of Corrections;
no jurisdiction __.________.___________________________287, 309, 313, 376, 426 SB 214--Board of Corrections; no jurisdiction
misdemeanor cases _____._.._.____._________.______..___287, 310, 313, 376, 389 SB 215--Fulton County; employ
non-residents _____________._________.____287, 310, 364, 369, 426, 654, 886 SB 216--Fireworks; sale of; agricultural purposes____--__._____________-287, 310 SB 217--Governor's Mansion Lot; create Mansion
State Commission _.___._._______287, 310, 403, 425, 465, 864, 872, 886 SB 218--Georgia Ports Authority; compensation
of members _.__.____________________305, 360, 403, 422, 465, 866, 871, 887 SB 219--Georgia Public Service Commission; enforce
Motor Carrier Act-___.________________305, 360, 448, 455, 466, 807, 887 SB 220--Ringgold, City of; eliminate tax exemption for
real and personal property_______-_.__.358, 400, 447, 449, 502, 658, 887 SB 221--Motor Carrier; not include transporting
of fertilizer __.______________.______.___358, 400, 448, 455, 466, 740, 744, 887 SB 222--Union Point, City of; extend corporate
limits ____________________.._________._____358, 400, 447, 449, 502, 658 SB 223--Structural Pest Control Act;
amend _________..____._______._____.,._358, 400, 402, 455, 466, 730, 735, 887 SB 224--General Assembly, Police of; respect to public proceedings_____.358, 400
INDEX
937
SB 225--Loans; interest rate in borrowing money in excess of $2,500---------------------------394, 440, 533, 5!*, 646
SB 226--Motor Vehicles, operators of; notify owner of injured animal--.394, 440 SB 227--Discovery, depositions and interrogatories;
amend act relating to----.------------------------395, 440, 612, 699 SB 228--Divorce; amend act relating to custody of
minor children .-----------------.--------------------------...395, 440, 612 SB 229--Recording of maps and plats, etc.;
certain counties ..____------395, 441, 534, 537, 587, 590, 864, 873, 887 SB 230--Atlanta, City of; amend charter; provide for
solicitor of municipal court-------.--___----395, 441, 488, 489, 502 SB 231--Advertising; regulation of; prohibit untrue and misleading --395, 441 SB 232--Board of Funeral Service; amend
act ____----------______-...--.--.395, 441, 536, 545, 589, 740, 887 SB 233--Vital Statistics Law for Georgia;
amend act ._--..----........_...----------.395, 441, 447, 492, 503, 807, 887 SB 234--Sandersville, City of; extend corporate
limits --_--------------.---_--.--..---474, 527, 613, 614, 807, 887 SB 235--City Court of Metter; salary of
judge and solicitor....----.--.----_--.----.--515, 601, 613, 677, 705, 882 SB 236--City Court; compensation judge and solicitor;
certain counties __.----------...--.----..515, 601, 610, 677, 705, 882, 887 SB 237--Teachers Retirement; amend act--------------------------808, 810
SENATE RESOLUTIONS
SR 26--Vidalia State Farmers Market; convey property................._...._119, 211 SR 69--Notify House that Senate has convened-...--..-.--_--------_..___5, 22 SR 70--Rules of Senate; adopt--------------------___--____----___-.._..----.5, 22 SR 71--Schools; establish area and vocational trade schools;
amendment to the Constitution.----.__--...24, 29, 30, 43, 63, 182, 887 SR 72--Senate Rules 134; amend; add "Committee on Mental Health"--24, 29 SR 73--Los Angeles Dodgers and Hon. Gerald Waring; commend------_..25 SR 74--Clary, Senator Eulond; congratulate.--.----.-_...--............--...-........--.27 SR 75--Veterans; memorialize Congress benefits for WWI Veterans_.-...-..27 SR 76--Education; millage limitation; tax levy; amendment
to Constitution --._.--------------___------33, 40, 59, 80, 659, 733 SR 77--Richmond County; convey property...._--33, 40, 51, 79, 89, 708, 887 SR 78--Industrial Development Commission; create;
amendment to Constitution ......_....--__--.--.33, 40, 60, 80, 182, 887 SR 79--Rockdale County; increase debt limit;
amendment to Constitution.--------.__--.----33, 40, 41, 52, 179, 887 SR 80--Rockdale County; license and regulate business;
amendment to Constitution..--------------34, 40, 41, 53, 80, 179, 887 SR 81--Copp, Hon. W. M.; commend--------.._~__------------.----.31, 45, 182 SR 82--State Board Corrections; commend..----__.__.___._....._.....--....31 SR 83--Game & Fish Committee; inspection of coastal facilities.----------32
938
INDEX
SR 8^--Crooked River State Park; easement ratified .........-----..--------........__.....__ 39, 50, 69, 79, 89, 881, 887
SR 85--State Parks; provide cabins for personnel .......__............._........._------.._.____ ...__39, 51, 69, 79, 89, 160, 237
SR 86--Clary and Nixon, Senators; acknowledge birthdays of..--_--.------_...48 SR 87--Federal Budget; Memorialize Congress to balance ... ....83, 108, 182 SR 88--Richmond County; name spring in honor
Woodrow Wilson ____.__....____-..----..----.__..____.----....._._.._.. ..._83, 108, 182 SR 89--Ordinaries' Pensions; levy on marriage licenses;
amendment to Constitution_.--.._.-.__..._..85, 93, 126, 148, 169, 881, 887 SR 90--Hamilton, Hon. George B.; invite to address Senate .... ........._.....__83 SR 91--State Board of Education; add members and filling vacancies;
amendment to Constitution....._..__.._...._........125, 126, 149, 169, 708, 887 SR 92--School Students; allow to take class trips..........................128, 152, 304 SR 93--McDuffie County; convey lands to City
of Thomson ...._........._...____. ._......__._. ...____.120, 142, 228, 232, 282, 808, 887 SR 94--University of Ga.; transfer lands in Putnam
County to Board of Corrections .... ..120, 143, 164, 166, 211, 473, 537, 589, 643, 645, 886 SR 95--Income Tax; committee to devise forms for withholding tax .....-..--___..._......___.... .........120, 143, 165, 207, 237 SR 96--McDuffie County; furnish lawbooks to .._._....__..._...............__...____..___.._.....___...._.141, 163, 227, 256, 298, 473, 887 SR 97--DuVail, Hon. Wallace O.; congratulations to...... .. . ....165, 211, 507 SR 98--Hunter Air Force Base & Fort Stewart; Congress urged to utilize facilities........--.__---.----......._.......... ........... --.165 SR 99--Western & Atlantic Railroad & City Center, Inc.; ratify lease between ....___.. _._...____...........___.__...._....._......185, 218, 228, 282 SR 100--Civil Defense Structure; committee to study_...185, 218, 254, 297, 353 SR 101--Drivers Licenses; military forces on furlough; repeal act .._._.......__.-....--.._._--....._._.._...-..__.._.___.... ........185, 218, 255, 298 SR 102--Constitutional Amendments; submitted in General Elections; amendment to Constitution.....----.--_..----__------..216, 250, 312, 377, 426 SR 103--Contract Obligations; payment of; amendment to Constitution ..--_.....__._...-_....___...--216, 250, 312, 379, 426, 808, 887 SR 104--Ga. Academy for Blind & School for Deaf; authorize to purchase station wagons--------.216, 250, 403, 419, 465, 881, 887 SR 105--Tobacco Research Programs; committee to study...-- ....--.. .--245, 291
SR 106--Senate;, Committee to study ways of strengthening ,,--_________.__...._...---- ..._.._----.....245, 291, 312, 381
SR 107--Richmond County; levy tax for industrial development; amendment to Constitution.----...._.._..245, 291, 312, 409, 465, 654, 887
SR 108--Jennings, Miss Sandra; honor as maid of cotton .... ................. ..295
SR 109--Bibb County; levy tax for hospital & medical care; amendment to Constitution...... ....... .287, 310, 312, 412, 465, 808, 887
SR 110--Education, Joint Committee on; commend for work in 1959 ..295, 355
INDEX
939
SR 111--Chatham County; Commissioners to levy sales; amendment to Constitution____-------------------358, 400, 445, 578, 590
SR 112--Senate Chamber; improve aisles in..----------------------.--------382 SR 113--House of Representatives; retain members in
merged counties when re-apportioned._----_--._--__----------395, 441 SR 114--Catoosa County; Tax Commissioners; repeal act creating;
amendment to Constitution..--.434, 481, 487, 578, 579, 590, 808, 887 SR 115--Livestock & Livestock products; inspection of----..--434, 481, 673, 691 SR 116--Wilkes County Education Association; commend--------------------449 SR 117--Natural Resources in Georgia; endorse development of--450, 467, 502 SR 118--Tom Watson Bridge; designate.........------_--------___----..450, 502, 806 SR 119--Woodmen of the World; invite to hold convention in Atlanta.--..--450 SR 120--Conner, Hon. John L.; commend----------------------------------450 SR 121--Cobb, Hon. Tyrus R.; wish speedy recovery.----.----------489, 503, 600 SR 122--Agriculture & Natural Resources Committee; make
interim inspection __,,__._.._------_.__.----._._---_-----_--_._...--------...--_........-489 SR 123--Marion County; issue revenue bonds; amendment
to Constitution ----------------__------------.474, 527, 533, 624, 808, 887 SR 124--Taylor County; issue revenue bonds;
amendment to Constitution--.------------474, 527, 533, 626, 808, 888 SR 125--Wilcox County; issue revenue bonds;
amendment to Constitution.-------------- ..-474, 527, 534, 628, 808, 888 SR 126--Macon County; issue revenue bonds;
amendment to Constitution-.--...........__.__..474, 528, 533, 630, 808, 888 SR 127--David Knott Bridge; designate....------------------589, 646, 806, 888 SR 128--Oals, E. A.; congratulations to.__.. ._.__....--.____--____----...__--.------------589 SR 129--Teachers' salaries; urge Governor to increase------.......... 536, 590, 657 SR 130--Phillips, Hon. Glenn; appreciation to_--._----...----------.--694, 802, 807 SR 131--Brown, Senator Charlie; commend------------------.---...-------644 SR 132--Ladies at Telephone Center; commend----..--------------..-.------694 SR 133--School Students; fund raising activities of----_--.--_..--694, 802, 807 SR 134--Traffic Safety; committee to study legislation
relative to ----.--.....--------....__--------------..--..----_ --694, 802, 807 SR 135--Penal & Correctional Affairs Committee; make
interim inspection ----..... ----------.----.----..-------------------- ...694 SR 136--McGarity, Mrs. Charles; congratulate------------....----.--------------695 SR 137--Joiner, Hon. Eugene H.; honor.--...------.._._... .------------..--.--.....695 SR 138--Kirk, Hon. G. M.; commend-..---......-----------------------------------695 SR 139--Health & Welfare Committee; make interim inspections.------------695 SR 140--Industry & Labor Committee; meet during interim.----.. ----------.878 SR 141--Highways; Committee relating to highways appointed
by Lieutenant Governor.--..---------_----.------------:----------......._.729 SR 142--Stream Pollution; create committee to study.----------.._----------878 SR 143--Western & Atlantic Railroad property;
easement to ....._... ------...--.---- ..._----..---- ....----.729, 881, 885, 888 SR 144--Senate Rules 134; amend relating to committee
on educational matters----.------.. ...__.....---- _-_.------_--------------.729
940
INDEX
SR 145--Davis, Miss Olive Bell; congratulate..___....__----_.,,----------.729 SR 146--Sanders, Senator Carl; a resolution honoring----_----------...--729 SR 147--Fort McAllister; request Highway Department to surface road to....879 SR 148--Kiker, Hon. C. W.; appreciation to.----....-.------------..------------.--833 SR 149--Lieutenant Governor & Secretary of Senate; expenses for.--------879 SR 150--Administrative Affairs Committee; remain at capitol
for period after adjournment--..----------_____.__...__----..--879 SR 151--Jenkins, Chief and policemen; commend------------__----_--------875 SR 152--Holmes, Hon. Eric; praise for service to Senate.------------------.-879 SR 153--Nixon, Hon. Otis; commend----------------__--__--------_--._879 SR 154--Governor, notify; General Assembly to adjourn.--------------881, 885 SR 155--General Assembly; adjourned Sine Die...._------.--------------882, 885
INDEX
941
PART III
HOUSE BILLS AND RESOLUTIONS
HB 63--Fireworks; limit sale to agricultural purposes only _-------_..--.--_.-----------------------164, 492, 673, 735
HB 102--Northeastern Judicial Circuit; salary of court reporter -_.--_--._----.--.------------------300, 305, 360, 402, 404
HB 115--Insurance Code; revise --------------32, 34, 40, 69, 90, 99, 133, 138, 424, 448, 452, 495
HB 233--Superior Courts; qualifications of Judges Emeritus ._____.----------------.----473, 474, 528, 612, 633, 654
HB 260--Income Tax; computation of taxes on timber transactions--__.--229, 232 HB 295--Georgia Factory for the Blind; amend
act creating -------------------- --__------118, 123, 145, 614, 641, 708 HB 315--Practice and Procedure; monetary value
of pain and suffering-.-.....-------------------.----,,____31, 612, 632, 709 HB 349--Georgia Agriculture Development Authority;
grant additional powers.-------------------------356, 358, 400, 446, 492 HB 378--Blood; label as to race....--_._._.,,_--------_......-.-....-650, 659, 709 HB 420--Truck Brokers; licensing in agricultural products--..-_...--....673, 732 HB 490--Georgia Economic Poisons Act; include
pesticides __--.__----,,__....-.--------------650, 659, 710, 809, 885 HB 496--Marriage Licenses; granting and
recording of ----__-------- .............511, 515, 601, 671, 697, 730, 833 HB 501--High Voltage Lines; installation of____.__591, 600, 667, 721, 741 HB 502--Fiduciary Security Transfer; uniform act
for simplification of-----.._--...-.....-.--..--..-649, 665, 714, 718, 831 HB 530--Stone Mountain Judicial Circuit; assistants to solicitor--719, 727, 806 HB 532--Estates Taxes; assessment and collection--161, 162, 196, 487, 585, 805 HB 533--Stone Mountain Judicial Circuit; salary of solicitor-.--.------717, 812 HB 572--Tuberculosis; care of afflicted prisoners-...._..----64, 66, 87, 126, 159 HB 576--Checks; penalty for issuing worthless checks.----._-.._..-284, 288, 310 HB 579--School Bus Drivers; compensation--------------239, 245, 291, 366, 382 HB 581--Insanity; restoration procedure--_------.----300, 305, 360, 403, 423 HB 582--State School Building Authority; interest
rate on bonds........__--._---------------------------47, 49, 68, 69, 107 HB 583--Budget Bureau; operation and members....----------47, 49, 68, 69, 108 HB 584--State Employees; physical examinations----.--------47, 50, 68, 70, 108 HB 585--Motor Vehicles; State owned, registration of------.48, 50, 68, 228, 233 HB 586--State Records; obsolete, destruction of------..--...--.48, 50, 68, 69, 136 HB 587--Department of Agriculture; advisory
committee to State institutional farms..._----.----.48, 50, 68, 70, 136 HB 588--State Hospital Authority; funds for buildings
at Milledgeville --.----------.-------------------48, 50, 68, 89, 136 HB 589--State Office Building Authority; revenue bonds....--48, 50, 68, 69, 137 HB 590--Drivers' Licenses; failure to furnish bond--.--650, 659, 710, 721, 832
942
INDEX
HB 591--General Appropriations Act; committee
rooms for General Assembly.----------------.214, 216, 250, 312, 382
HB 593--Georgia Ports Authority; convey property ..... 161, 162, 196, 227, 234
HB 594--Baldwin County; commissioners, time of
elections _.....__......_...- -..----.... 95, 120, 143, 197, 199
HB 595--Baldwin County; county depository._...._._...___...... 95, 120, 143, 197, 199
HB 596--Primary Elections; county office nominees,
certain counties ._-.._----_.------------_.__. ____----95, 120, 143, 197, 199
HB 597--Nolo Contendere; moral turpitude, forfeiture of office ... 64, 66, 87, 88
HB 598--Mentally 111 Persons; observation
and treatment --------------------592, 598, 667, 722, 802, 836, 870, 881
HB 600--Milledgeville State Hospital; payment of
cost for care of patients.-----------------....657, 667, 715, 810, 832
HB 602--Income Tax Payment Act of 1960;
impose withholding --_..-------------- ------......_...__..----82, 85, 93, 94, 133
HB 604--Income; distribution by trustees.................. ..................65, 66, 87, 88, 137
HB 605--Alma, City of; system of lights._.___.......__................ 95, 121, 143, 197, 199
HB 607--Gainesville, City of; tax for school purposes .... 96, 121, 143, 197, 200
HB 608--Statewide Probation Act; effect of violation
of probation __,_--------._..------ .._....._......._._......._.214, 216, 251, 313, 376
HB 609--Brunswick Judicial Circuit; judge's salary........ 65, 66, 88, 147, 159
HB 610--Guardian and Ward; notice of application for
order to sell __---.. -_........-------- ... -.65, 66, 88, 161, 248
HB 611--Options; recording of, purchase of land .............65, 66, 88, 403, 419, 495
HB 612--State Depository; add State auditor and
superintendent of banks _----_------------------.65, 67, 88, 198, 211, 243
HB 613--Clayton County; compensation of sheriff
and clerk _____.._...-_........___...____._....______..__.......................96, 121, 143, 402, 404
HB 614--Clayton County; compensation of tax
commissioner _----------------------_ .....
-96, 121, 143, 197, 200
HB 615--Clayton Judicial Circuit; compensation
of solicitor ._------------.------
.......____.....96, 121, 144, 147, 168
HB 616--Clayton County; compensation of
commissioners ..----------_..---_.._------------ .96, 121, 144, 197, 200
HB 617--Statewide Probation Act; abandonment
and bastardy ......_._....._.___........____.._...__....240, 245, 292, 416, 446, 457, 600
HB 618--Superior Courts; clerks, use of facsimile
signatures _.--------------------_,,--..------------.65, 67, 88, 227, 236, 882
HB 619--Thunderbolt, Town of; amend charter.--------------82, 85, 93, 125, 130
HB 620--Thunderbolt, Town of; terms of mayor and
aldermen ..._------------------______________.------------__._. .82, 85, 93, 125, 130
HB 621--Thunderbolt, Town of; method of voting .. ........... 82, 86, 93, 125, 130
HB 622--Savannah, City of; municipal court,
compensation of judge.......-.-..---....-.......-...-....-. 82, 86, 93, 125, 130
HB 623--Abandonment and Bastardy; suspend sentence,
certain cases __.._--..----.--------,,----_--------.. 240, 245, 292, 446
HB 624--Bacon County; county primaries..._.__..----.----_._. .. 82, 86, 93, 125, 131
INDEX
943
HB 625--Bills of Sale; covering crops---140, 141, 163, 197, 207, 295, 353, 449 HB 626--Bankruptcy; effect of recording petitions------118, 123, 145, 447, 457 HB 627--Libel; retraction by newspapers--..------.--161, 162, 196, 403, 420, 806 HB 628--Juvenile Court; provide judge pro tempore - -.96, 121, 144, 146, 167 HB 630--Concord, City of; change tax rate--.------------------82, 86, 93, 125, 131 HB 631--Concord, City of; ad valorem tax -- ... 82, 86, 94, 125, 131 HB 633--Bowling; rolling of tenpins by minors ___......... ._...._______.___65, 67, 88, 137 HB 634--Cigarettes; furnishing to minors..-- ...------ 284, 288, 310, 365, 425 HB 636--Unemployment Compensation Law;
liberalizing tables ------------------------.-------140, 141, 163, 228, 234 HB 637--Nurses; licensing of, increase Board------------------------471, 475, 528 HB 638--Villa Rica, City of; amend charter----------------82, 86, 94, 125, 131 HB 639--Voting by Mail; tabulation------------..------173, 185, 218, 254, 353 HB 640--Colbert, City of; close street--.--.---..--.--173, 185, 219, 252, 257 HB 641--Minors; guardian ad litem agree to service...--240, 246, 292, 365, 421 HB 642--Adoption; consent by parents be binding------.390, 396, 441, 488, 493 HB 646--Veterans' Home Commission; transfer
duties to Veterans' Service Board----_.------.96, 122, 144, 254, 353 HB 647--State Board of Health; add psychiatrist
to staff ----_---.----__-.----.-_---------_96, 122, 144, 165, 207 HB 648--Milledgeville State Hospital; transfer to
Department of Health----.------._......._...._.._._.__.----96, 122, 144, 165, 207 HB 649--Alcoholism Commission; transfer to
Department of Health------.------------..-----214, 216, 251, 294, 354 HB 650--Georgia Prison Industries Administration;
create ----------_.------.96, 122, 144, 165, 204, 243, 274, 286, 465, 638 HB 651--Confederate Pensions and Records;
abolish department _----_._._------__.__....----.__96, 122, 144, 254, 354 HB 652--State Hospital Advisory Committeee;
transfer functions -..----------_.--------..--...----.97, 122, 144, 165, 169 HB 653--University System Building Authority;
revenue bonds ----------....------------.--.------.97, 122, 144, 165, 170 HB 654--State Institutions; temporary transfer
by Governor _------._--------.._.----------.----..._. 97, 122, 144, 146, 166 HB 655--Prison Industry Goods; preference to,
political subdivisions --...------..-97, 123, 145, 165, 205, 243, 275, 286
HB 656--State Penal and Rehabilitation Authority; create -_..-.-..---....----------.-------------------- .97, 123, 145, 165, 206
HB 657--General Appropriations Act; schools and institutions --------.._---__..----......--------118, 123, 145, 445, 459
HB 658--State Court of Appeals; Judges Emeritus, eligibility .._..------.__.._------------------.----------468, 475, 528, 612, 633
HB 659--State Superintendent of Schools; compensation --------_------______.----,,....180, 185, 219, 228, 354, 356, 377
HB 660--State Superintendent of Schools; remove restrictions, expenses _.__.._._.--------..--------------180, 185, 219, 255, 389
944
INDEX
HB 661--Liquid Petroleum Safety Act; minimum storage facilities ----_------_------------_----240, 246, 292, 446, 401
HB 662--Alma, City of; corporate limits....--------------173, 186, 219, 252, 257 HB 663--Screven County; salary of ordinary--------.------.173, 186, 219, 252, 258 HB 664--Teachers' Retirement; extend exemptions------..651, 659, 710, 716, 811 HB 665--Whitfield County; salary of commissioner of
roads and revenue--.----.--------------__.._._...-.._._82, 86, 94, 95, 132 HB 666--Screven County; create office of tax
commissioner __________________________________________....173, 186, 219, 252, 258 HB 667--Georgia Public Service Commission;
fees for operation...--___..------_....----.----------.118, 123, 145, 228, 233 HB 668--Whitfield County; compensation of sheriff_.__------.83, 86, 94, 95, 133 HB 669--Dalton, City of; close certain street__.---------------83, 87, 94, 95, 132 HB 670--Screven County; clerk of Superior Court,
salary __----___------__--------____.----------174, 186, 219, 252, 258 HB 673--Whitfield County; create office of tax
commissioner ___--__--------_.___--____--------------83, 87, 94, 95, 132 HB 674--Screven County; compensation of sheriff----...174, 186, 219, 252, 258 HB 675--Patterson, Town of; change name to City of..--.174, 186, 219, 252, 259 HB 677--Tifton, City of; compensation of
commissioners __..__..--.----..__--------------173, 186, 219, 252, 259 HB 678--Blakely, Town of; change name to City of----173, 186, 219, 252, 259 HB 681--Commissioner of Agriculture; compensation_.180, 187, 220, 252, 276 HB 682--Savannah, City of; convey property to
Armstrong College ..___.._----._..------_._._.------.___.._240, 246, 292, 366 HB 683--Jekyll Island State Authority;
revenue bonds __------......___..------.._--------173, 187, 220, 254, 354 HB 684--Macon Judicial Circuit; provide for
additional judge _______._.----__--___.140, 141, 164, 227, 237 HB 685--Northeastern Judicial Circuit; Hall County to
supplement judge's salary__._...___..._------..173, 187, 220, 252, 259 HB 686--Mechanics' Lien; lien on personalty,
time for filing .----__.___------..______._.._140, 141, 164, 227, 237 HB 687--Georgia Economic Poisons Act; amend..--------118, 123, 145, 197, 208 HB 689--Telephone Party Line; failure to relinquish
in emergency .._..------_--------..--__------178, 187, 220, 365, 426, 511 HB 690--Telephone; use of language on-------------------173, 187, 220, 365, 747 HB 692--Voting; assistance to handicapped persons----...650, 660, 710, 809, 884 HB 693--Georgia Fertilizer Act of 1960; create..-__..----118, 124, 145, 198, 212 HB 694--Teachers' Retirement System Act; include
certain employees ------_--------.....__..--------------240, 246, 292, 448, 460 HB 695--Pistols; licenses to carry------------------------650, 660, 710, 717, 834 HB 696--Garbage; licenses to feed to livestock------------118, 124, 145, 198, 208 HB 698--Georgia Retailers' and Consumers' Sales and
Use Tax Act; amend, credit for hospitals--------504, 515, 601, 676, 742 HB 699--Georgia Retailers' and Consumers' Sales and Use
Tax Act; amend, assessment, provide period-- 214, 216, 251, 312, 383
INDEX
945
HB 700--Motor Vehicles; license fees, money order receipt temporary permit--------------------------357, 359, 400, 448, 457
HB 702--Georgia Retailers' and Consumers' Sales and Use Tax Act; amend, failure to withhold and collect .651, 660, 710, 718, 835
HB 704--State Revenue Commissioner; establish units within department .----..--------._-------__--------214, 217, 251, 312, 383
HB 705--State Revenue Department; require receipts for cash payments --------_.__------_.__-----505, 515, 601, 676, 837
HB 706--Clayton, City of; create new charter___ _ .___-174, 187, 220, 252, 260 HB 707--Banking Laws; amend fees to cover cost
of examination ------._.----._------------------.----161, 162, 176, 447, 452 HB 708--Banking Laws; amend, prohibit new private
banks ------------------......--------.---------161, 162, 196, 487, 642, 709 HB 709--Voters; qualification and registration,
deadline _----------------------_----------------653, 667, 716, 718, 835, 882 HB 711--General Assembly; pay to deceased members.-..178, 187, 220, 254, 299 HB 712--Banking Laws; amend, branches..--------------183, 193, 224, 255, 276 HB 714--Taxation by Municipalities; support of
independent school systems ___.--------......._----.....357, 359, 400, 448, 459 HB 715--Elections; duties of registrars, certain
counties __.__----------.__--------------------174, 187, 220, 447, 493 HB 716--School buses; inspection of--------.-----..----......240, 246, 292, 366, 383 HB 717--Flue Cured Tobacco; regulation
of sales .---------------------118, 124, 146, 295, 296, 385, 416, 417, 449 HB 718--Year's Support; effect on options or
contracts to sell land..----..240, 246, 292, 446, 460, 601, 632, 703, 709 HB 719--Game and Fish; expenses of rangers.------------217, 251, 295, 304, 383 HB 722--Dower Rights; property under option.-......214, 217, 251, 612, 634, 884 HB 723--General Assembly; primaries in which
candidate may run...----______----_----......166, 169, 197, 403, 421, 449 HB 724--Child Abandonment; effect of acquittal in
certain cases --------.-------------------___.........240, 246, 292, 365, 424 HB 725--Voters' Registration Act; amend,
destruction of records ___------_------.----------..----_162, 196, 254, 355 HB 729--Ray City, City of; incorporate--.----------------.174, 188, 220, 252, 260 HB 732--Georgia Ports Authority; Governor convey
property .......------...--------------_.--.----_----_--.652, 660, 710, 721, 837 HB 734--Records; clerks of Superior Courts may store
records away from courthouse------------------__.161, 162, 196, 365, 425 HB 735--Cobb Judicial Circuit; provide for additional
judge ....___--._.------------------------.------.-..161, 163, 197, 252, 298 HB 738--Atlanta, City of; retirement, members of
fire department ----____------------_--------.175, 188, 220, 252, 260 HB 739--Pensions; police department, certain cities------.175, 188, 221, 252, 260 HB 741--Fireworks; use of, prohibit in certain
cases _....._-------------------214, 217, 251, 739, 809, 833, 876, 877 HB 742--Georgia Securities Act; amend----------.285, 288, 310, 671, 699, 806
946
INDEX
HB 743--Optometry; State Board of Examiners,
appointment of members _ . ,,.
-431, 434, 481, 676, 741, 883
HB 744--Bills of Exceptions; duties of clerks
of courts _...-..-_-__...-__...-.._.__..._.____....._.__-..___._,,..._......240, 247, 292, 403, 424
HB 745--Engineering Experiment Station; industrial
development __....-__.....__......_.__............__...__..._._._....__.241, 247, 293, 312, 382
HB 747--Teachers' Scholarships; appropriations.-............ 472, 475, 528, 536, 635
HB 748--Houston County; terms of Superior Court......-175, 188, 221, 252, 260
HB 749--Obscene Literature; civil penalty._______..___...__..._____...._____.175, 188, 221, 672
HB 750--Claxton, City of; amend eharter___...__.__._.__.___.._____._174, 188, 221, 252, 261
HB 751--Minors; gifts of securities......_.._....__..____ ...___._357, 359, 400, 446, 459
HB 754--Primary Elections; nominee receive plurality,
certain counties _.____._.__.,,._.__ .....__.___......._._..._...........174, 188, 221, 253, 261
HB 755--School Buses; repaint if bought
by others .___.____.....__._......__...__.241, 293, 366, 384, 448, 456, 474, 643, 644
HB 756--Homicide; illigitimate child shall have
right to sue-_
. _...___.,,_,,......_...._..651, 660, 710, 718, 837
HB 757--Taylorsville, Town of; abolish election required,
certain utilities ---__-_-~._-.__--____.__._._.____-~_--__..__.__....174, 189, 221, 402, 404
HB 758--Ordinary's Court; traffic cases, certain
counties .._.__......-__._....,,._-....._____.-.,,_.._......__.._..............468, 475, 528, 721, 812
HB 759--Smyrna, City of; corporate limits._._..._......__...__._..174, 189, 221, 253, 261
HB 760--Law Library; establish, certain counties.---..... 175, 189, 221, 253, 261
HB 761--State Board of Corrections; transfer certain
prisoners to Milledgeville...--_._,,----_..--...._-...--_...657, 667, 715, 721, 837
HB 763--Waverly Hall, Town of; levy tax for
fire protection ____......___....__.........__.._......___........_...175, 189, 221, 253, 262
HB 764--Boats; standards of safety and
equipment -_...._._-......--__....._.._....__...___..-...507, 516, 601, 673, 701, 745, 758
HB 766--Lamar County; compensation of county
officers -_.......______.-...-._.-....-_.._..-.___...__..._.__............-..__175, 189, 221, 253, 262
HB 767--Commercial Feeding Stuffs; tax
stamps ...-.-_-........___..-_.._.__--.____._.-__-__..-__.........___ ...241, 247, 293, 534, 589
HB 768--Ordinary's Court; traffic cases, certain
counties _,,___-...__-_._....__._......--_.-_..-__._...-...._......._..468, 475, 528, 610, 614
HB 769--Camilla, City of; corporate limits-___..__.__........_.175, 189, 222, 365, 369
HB 770--Whitfield County; Advisory Board~___--_..~-_...175, 189, 222, 253, 262
HB 771--Morgan County; compensation of county
officers .____........,,._........_.........__...._-._....._.-_._...........l75, 189, 222, 253, 262
HB 772--Soil Conservation District Law; amend eminent domain ......_._._......_.._.....-___.._....._..._._.213, 217, 251, 673, 732, 883
HB 773--Game and Fish; hunting and fishing licenses ..___._____........____.....___._....-_.._.....____...__.__....-........507, 516, 601, 673, 700
HB 774--Commissioner of Agriculture; impose fines.--.. 241, 247, 293, 446, 460
HB 775--Credit Unions; amend act regulating..__.._......__ -.241, 247, 293, 447, 466
HB 776--G.B.I. Agent; misdemeanor to impersonate..-. .649, 665, 714, 811, 867
INDEX
947
HB 777--Fulton County Criminal Court; salary of solicitor and assistant __-__.------------------------..176, 190, 222, 253, 263
HB 780--Stewart County; compensation of commissioners __----..----.----...------ ..------....,, ---176, 190, 222, 364, 370
HB 781--Lumpkin, Town of; corporate limits.._....._. ------177, 190, 222, 364, 370 HB 784--Young Harris, Town of; reincorporate--....--241, 247, 293, 364, 370 HB 787--Grand Jury; stenographer, certain counties ...... 176, 190, 222, 364, 370 HB 788--Local Government Improvement Commission;
create, certain counties---------------..--------------..-- ... 391, 396, 441 HB 790--Tobacco Tax Act; distributors of cigars and
cigarettes, vending machines.--------------------.394, 399, 444, 447, 492 HB 792--Used Car Dealers Registration Act; give
bond, renew license--------..----.---------------285, 288, 310, 613, 396 HB 794--Athens, City of; ad valorem tax.----------..176, 190, 222, 253, 270, 600 HB 795--Athens, City of; terms of mayor and
aldermen --...----------..--------..---- .---- -----176, 190, 222, 253, 263 HB 796--Athens, City of; create Public Facilities
Authority -...------_------------....----.----.------...511, 516, 602, 673, 680 HB 797--Athens, City of; sureties executed
recorder's court ...--...----_--------------....-----176, 190, 223, 253, 263 HB 798--Used Car Dealers Registration Act; renew
licenses ----....----..------......--.--------.----.--....472, 475, 528, 613, 696 HB 799--General Appropriations Act; funds available
to certain State agencies----------------------213, 217, 251, 312, 385 HB 801--County Officers; salaries, certain counties----.176, 191, 223, 253, 263 HB 802--State Flag; prohibit use of for
advertising __--------...----------...----------241, 247, 293, 403, 423, 495 HB 803--Department of Public Health; compensation
of Director ..----------------------------------....658, 665, 714, 810, 874 HB 806--Donalsonville, City of; tax assessors---.-------176, 191, 223, 253, 264 HB 807--Insanity; after criminal conviction, capital
offense -.........----___..----------------.285, 288, 310, 365, 640, 805 HB 808--Summerville, City of; close certain street--------.-- 176, 191, 402, 405 HB 809--Summerville, City of; close portion of
county road ___-_.._--------.----.------........--------177, 191, 223, 402, 405 HB 810--Summerville, City of; close portion of Smith
Street -.----...--------.--------.....--__.......----......----..177, 191, 223, 402, 405 HB 811--Summerville, City of; close portion of
3rd street .--..------------------.--...--------........--177, 191, 223, 402, 405 HB 812--Dalton, City of; close portion of certain
street ------.------------._----------....--------------177, 191, 223, 253, 264 HB 813--Thomasville Payroll Development Authority;
create -..-....----------__------------____.__.----177, 191, 223, 365, 370 HB 814--Fitzgerald, City of; amend charter--------177, 192, 224, 253, 265, 495 HB 815--Houston County; commissioners------......--------177, 192, 224, 253, 264 HB 816--Houston County; create office of tax
commissioner ----.....--....__..--.----..--.........----.178, 192, 224, 253, 264
948
INDEX
HB 818--Sales and Use Tax Act; amend,
registration ...... ... ...
..----... 504, 516, 602, 676, 747
HB 820--State Revenue Commissioner; waive collection
of penalties in certain cases....----------.--------505, 516, 602, 676, 741
HB 821--Bulloch County; commissioners' compensation--178, 192, 224, 253, 269
HB 822--Bulloch County; ordinary's salary....------------178, 192, 224, 253, 270
HB 823--Bulloch County; tax receiver and collector.----. 178, 192, 224, 253, 270
HB 824--Bulloch County; sheriff's salary.----------------178, 192, 224, 253, 270
HB 825--Firemen's Pension System Act; change
monthly benefits __------__.------________ 507, 517, 602, 718, 746
HB 827--Drivers' Licenses; obtaining fraudulently..----285, 288, 311, 403, 427
HB 840--Wave Length Radio System; adopted by
Department of Public Safety.------------.------512, 516, 602, 672, 70X)
HB 849--Chatham County; Pension Board----.----. 178, 192, 224, 401, 415, 655
HB 850--Gwinnett Judicial Circuit; create--...--------........357, 359, 401, 403, 451
HB 851--Piedmont Judicial Circuit; solicitor's salary---- 357, 359, 401, 403, 451
HB 852--Lawrenceville, City of; public utilities----------177, 193, 224, 254, 315
HB 853--Motor Vehicle Licenses; basis for tax.----390, 396, 441, 488, 494, 654
HB 854--Georgia Milk Commission; revocation
and reinstatement of licenses..--------------433, 434, 481, 534, 587, 709
HB 855--Motor Vehicle Licenses; hauling of agricultural
products ___,,_-._..-._-.__--.,,._.._..---_..----_--------------512, 516, 602, 721, 745
HB 856--Income Tax Law; amend, collection, levy,
assessment --._.--_._------...----_......--._.--_.._..--592, 598, 667, 718, 838
HB 857--Sales and Use Tax Act; amend, remove
ambiguities ...----....--..-__--------........----------.472, 475, 528, 614, 633
HB 859--Elberta, City of; corporate limits.------..--------.241, 248, 293, 364, 371
HB 860--Houston County; tax commissioners,
compensation .......--------...--------....----.........----241, 248, 293, 364, 371
HB 863--Sales and Use Tax Act; amend, uniformity
of taxes in general----.....------------..--------------431, 482, 533, 636, 883
HB 866--Sales and Use Tax Act; amend, exclusion of
governmental sales ________________________.._______.--_--------__------.391, 397, 441
HB 868--Post Mortem Examination; filing of death
certificate ----._..----.--__...----.....--...._.--.473, 476, 528, 613, 697, 883
HB 869--State Employees; retirement----------.472, 476, 529, 672, 745, 836, 837
HB 870--Coroners; compensation, certain counties...----.242, 248, 293, 364, 371
HB 871--Rhine, Town of; amend charter.----..----..----...242, 248, 294, 364, 371
HB 872--Dodge County; salary of ordinary................__...._ 242, 248, 294, 364, 372
HB 873--Chickamauga, City of; provide for electric
system ..__------.----._.----._...--------.__.___......285, 288, 311, 364, 372, 496
HB 874--Elbert County; sheriff's salary.--....----._._____--------__..._____ 242, 248, 294
HB 875--Atlanta, City of; retired employees------.-----. 242, 248, 294, 364, 373
HB 876--Holly Springs, City of; amend charter.......----...242, 249, 294, 365, 373
HB 879--Laurens County; office hours of certain
officials _------.----...----------..----..____.---..391, 396, 442, 488, 489
HB 880--Laurens County; sheriff's salary.--------..----392, 396, 442, 488, 490
INDEX
949
HB 881--Laurens County; commissioners _----_--------..392, 396, 442, 488, 490 HB 882--Laurens County; compensation of
tax commissioner ____--___--___-----.----------------392, 396, 442, 488, 490 HB 883--Tax Collectors; compensation, certain
counties -_-----------__-----------------.392, 397, 442, 488, 490 HB 884--Trials; Superior Court, define "reasonable
notice" _------_.-----.----._------------391, 397, 442, 488, 494, 600 HB 885--Divorce Cases; mode of hearing---------------391, 397, 442, 488, 495 HB 886--Divorce; rights and disabilities------------------391, 397, 442, 488, 701 HB 887--Macon, City of; amend charter.--.-----------------------.288, 311, 673, 681 HB 888--Covington, City of; pensions and insurance.--.285, 289, 311, 365, 373 HB 890--Americus, City of; extend corporate limits.___.___285, 289, 311, 402, 406 HB 892--Savannah Transit Authority; create-.--------300, 305, 360, 402, 406 HB 893--Transit Authority Act; create.------_----------392, 397, 442, 672, 746 HB 894--Savannah City Court; amend act creating------285, 289, 311, 365, 373 HB 895--Cedartown, City of; extend corporate limits.--285, 289, 311, 365, 374 HB 896--Cedartown, City of; extend corporate limits.--286, 289, 311, 365, 374 HB 898--Liberty County; salary of sheriff and clerk____.301, 305, 360, 402, 406 HB 900--Loyalty Oath; exempt pages of General Assembly.^468, 476, 529, 614 HB 901--Walton County; compensation of certain
officials ___----.----_--_------__--------------286, 289, 311, 365, 374 HB 902--Monroe, City of; tax levy, change amount,------286, 289, 311, 365, 374 HB 903--Walton County; commissioners.----------------286, 289, 311, 365, 375 HB 904--Walton County; tax commissioner, salary------286, 290, 312, 365, 375 HB 905--Income Tax; exempt investment companies----.-651, 660, 710, 718, 866 HB 906--Highway Board; salaries and allowances
of members--.------_------.----.--.----------..--...392, 397, 442, 445, 495 HB 907--State Department of Entomology; amend
Act of 1937---.---.--.-.----------------------------512, 517, 602, 673, 706 HB 908--Macon Hospital Commission; add
members _._--_--------_----._..___--------..-286, 290, 312, 674, 677, 806 HB 910--Brunswick City Court; compensation of
certain officials _--------------------.------ 301, 305, 360, 401, 414, 654 HB 911--Baxley City Court; compensation of solicitor--.301, 305, 360, 401, 406 HB 912--University System of Georgia; nuclear
facilities ----_------__--------_..._-------.---- 357, 359, 401, 448, 461, 806 HB 913--Hamilton, City of; corporate limits--------..--301, 306, 361, 401, 406 HB 914--Blackshear, City Court; amend act creating----301, 306, 361, 610, 614 HB 915--Plainville, City of; incorporate..------------------391, 397, 443, 488, 491
HB 916--Calhoun, City of; extend corporate limits----..301, 306, 361, 402, 407
HB 919--Militia District Lines; change, certain counties --__------_-----------------.------------..392, 398, 443, 488, 491
HB 920--Solicitation of Votes; specified distance from polls _..----------------------.--.__--------433, 435, 482, 533, 615
HB 921--Valdosta, City of; employees retirement--------301, 306, 361, 401, 407
HB 922--Jesup, City of; change corporate limits------..392, 397, 443, 488, 491
950
INDEX
HB 923--Franklin County; commissioners of roads and revenue .____--________________________.__--____468, 476, 529, 610, 615
HB 924--Thomaston, City of; extend corporate limits-... .301, 306, 361, 402, 407 HB 925--Gainesville, City of; amend Civil Service Act.__-301, 306, 361, 401, 407 HB 926--Douglas County; commissioner of roads
and revenue _-__--_._._____._______.,,_--_,,___--___----_--____301, 306, 361, 401, 408 HB 928--Dalton, City of; land lots--------_____,,_--301, 306, 361, 401, 408 HB 929--Dalton, City of; Civil Service Commission...--301, 306, 361, 401, 408 HB 930--University System of Georgia; progress reports
of students __--_,,_-__,,--.._----_.._______--.592, 596, 668, 672, 746 HB 931--Insurance; authorize self insurance,
certain cities _--___.--------------.________.431, 435, 482, 533, 636, 709 HB 932--Department of Labor; appropriation
of funds ----_.__-_.-- .__..____---.-----.__..__.--431, 435, 482, 612, 633 HB 933--Trion, Town of; extend corporate limits----__302, 307, 361, 402, 408 HB 934--Trion, Town of; corporate limits.----____-----302, 307, 361, 402, 408 HB 935--Barratry; revise laws...----------..----------.592, 599, 668, 720, 731, 883 HB 936--Department of Public Safety; subsistence
allowance for members.--------------..431, 435, 482, 489, 544, 655 HB 937--Quitman, City of; levy tax, National
Guard Armory ___----------__.._--------302, 307, 362, 401, 414, 871, 872 HB 938--Fulton County Civil Court Act; amend--...--302, 307, 362, 402, 409 HB 939--County officials; change from fee to salary
system, certain counties..--.--.------------_----.302, 307, 362, 402, 409 HB 942--Emerson, City of; provide utility services.--._ .302, 307, 362, 402, 409 HB 944--Georgia Real Estate Investment Board;
create ..._----.------.......___...__.__..___472, 476, 529, 673, 698, 806 HB 946--McDonough, City of; close certain streets----431, 435, 482, 534, 539 HB 947--Voters Registration Act; determination
of residence __----__----.___-.____----_.----.--------..-592, 598, 668, 718, 867 HB 948--Motor Vehicle License Plates; registration
and issuance --.--__------.------__.--__------.----592, 598, 668, 720, 748 HB 949--Motor Vehicle License Plates; issued for
part of year----.--_.._--_.._____-__-----------.592, 668, 720, 749, 883 HB 950--Motor Vehicle License Plates; change date
of registration _------------...------ _--------.-.593, 600, 668, 720, 749 HB 951--Elberton, City of; City Manager, residence
requirements _--..----___ . ..-- ..----___..__.__.. 430, 435, 482, 534, 539 HB 953--Bartow County; coroner's salary------...-------- 430, 435, 482, 535, 540 HB 954--Motor Vehicle License Tags; sample tags------505, 517, 602, 672, 705 HB 956--Ideal, Town of; change corporate limits.__..____ ._430, 435, 482, 535, 541 HB 957--Austell, Town of; change corporate limits.----430, 436, 482, 535, 541 HB 958--Powder Springs; increase corporate limits.--.....430, 436, 483, 535, 542 HB 959--Smyrna, City of; City Manager.--..___----_.__.____430, 436, 483, 535, 538 HB 960--Kennesaw, City of; extend corporate limits----432, 436, 483, 535, 538 HB 961--Cobb County Recreation Authority; amend
act creating ._............_..__._.....___..............____...__....__....430, 436, 483, 535, 538
INDEX
951
HB 962--Riverdale, City of; redefine boundaries.------___432, 436, 483, 535, 542
HB 963--Griffin, City of; Criminal Court ___________________ 432, 436, 483, 535, 542
HB 964--Griffin, City of; off-street parking--..--_____430, 436, 483, 535, 542
HB 965--Griffin, City of; sewer lines ___________________________ _512, 517, 602, 674, 681
HB 966--Griffin, City of; extend corporate limits________._432, 437, 483, 535, 538
HB 967--Spalding County; consolidate offices of
tax receiver and collector_______________ _______________ _ 430, 437, 483, 535, 539
HB 968--Griffin, City of; compensation of employees.- _. 430, 437, 483, 535, 539
HB 969--Mountain Judicial Circuit; court reporter's
salary _______.____________,,..__----_429, 437, 483, 612, 615
HB 970--Revenue Bonds; notice of elections..___________..___..__468, 476, 529, 614, 702
HB 971--Revenue Bonds; actions to validate _____ ______.__468, 476, 529, 614, 702
HB 972--Clerks of Superior Courts; salary system,
certain counties _____________________________________.--------429, 437, 484, 612, 615
HB 973--Bulloch County; clerk of Superior Court,
compensation _____._____------------_._--______ 429, 437, 484, 535, 540
HB 974--Trials; civil suits, use of demonstrative
evidence ,------------_____--------__------__------_507, 517, 602, 676, 706
HB 975--Gainesville, City of; voting places _____ ___________.__..429, 437, 484, 535, 540
HB 976--Athens, Town of; close certain streets ____________ _429, 437, 484, 535, 540
HB 977--Forest Park, Town of; veto powers of mayor____429, 438, 484, 535, 540
HB 978--Toccoa, City of; corporate limits------------------429, 438, 484, 535, 541
HB 980--Wheeler County; Commissioner of Roads
and Revenue _.___----______--------._._.___.-- 429, 438, 484, 809
HB 981--Wayne County; Business Manager__ _________________ 429, 438, 484, 610, 616
HB 982--Pulton County; Civil Court Act, amend-- _____ -507, 517, 603, 671, 681
HB 983--Planning Commissions Act; amend, add
members __,,__,,________ ______..___________.,,.._______,,_______..______.____472, 476, 529, 672, 704
HB 984--Warm Springs Memorial Commission;
convey property __.__,,_.__--_____--______--______ ____________..505, 517, 603, 672, 701
HB 985--Valdosta, City of; financing of facilities------429, 438, 484, 535, 541
HB 986--Valdosta-Lowndes County Industrial
Authority; create _____.__.________,,_____-____,,__,,-____-_ _______432, 438, 484, 535, 543
HB 987--Brunswick, City of; pension system, streets______432, 438, 484, 674, 681
HB 988--Juvenile Courts; judges' salaries, certain
counties ________ ,,__------------ --
_.__593, 599, 668, 716, 722
HB 989--Revenue Commissioner; salary____------__._.----_.__428, 438, 485, 489, 545
HB 990--Savannah, City of; extend corporate
limits __.._--__.----_._._----.,,.----__----__394, 399, 444, 488, 491, 504, 616
HB 991--Charlton County; sheriff and ordinary,
salary system ______________ _____________.______------------ 432, 439, 485, 674, 682
HB 992--Planning Commissions; zoning appeals, certain
counties ___.,,______._----__.,,--__.--______.._----.._------_____507, 517, 603, 674, 682
HB 993--Boards of Education; members' salary,
certain counties ____________ --..___507, 518, 603, 674, 682
HB 994--College Park, City of; amend charter----_________.507, 518, 603, 674, 682
HB 995--Convict Labor; use of, certain counties--.--______511, 518, 603, 674, 682
952
INDEX
HB 996--Atlanta Judicial Circuit; Assistant Solicitors _______________________.___------...511, 518, 603, 671, 674, 683
HB 997--Clarke County; Magistrate's Court, create........432, 439, 485, 535, 543 HB 998--Glynn County; sheriff's salary.------.._._.__.------468, 477, 529, 674, 683 HB 999--Atlanta, City of; and Fulton County;
establish parks and parking--------.--------------.655, 660, 710, 716, 812 HB 1002--Albany, City of; corporate limits....-___,,___-__432, 439, 485, 610, 616 HB 1003--Dougherty County; development of
real estate ......------------------__.__---- ____________.432, 439, 485, 611, 616 HB 1004--Rockmart, Town of; amend charter-...........-.---431, 439, 485, 535, 543 HB 1005--State Oil Chemist; salary and term
of office ...._._.__..--.___._..__.__.-- . ..__._-511, 518, 603, 673, 704, 805 HB 1006--Traffic Courts; Assistant Solicitor,
certain counties _______________________________510, 518, 603, 674, 683 HB 1007--Business Licenses; certain cities.......___________510, 518, 603, 674, 683 HB 1008--Zoning and Planning procedure; certain
counties _______________________________..__510, 518, 604, 674, 684 HB 1009--College Park, City of; amend charter_.-_______._._.510, 519, 604, 674, 684 HB 1010--College Park, City of; amend charter..........._._..510, 519, 604, 674, 684 HB 1011--Tax Assessors; Joint City-County Board,
certain counties ......... _____________________ .....512, 519, 604, 674, 684 HB 1012--Revenue Bonds; bonds sold below par........505, 519, 604, 718, 751, 883 HB 1013--Waco, Town of; grant franchises,
utility services _...--------.____-.--_._______----431, 439, 485, 535, 543 HB 1014--Garden City; amend charter..................__..__._____431, 439, 485, 535, 543 HB 1017--Macon, City of; convey certain air rights.......__.____,--431, 439, 535, 544 HB 1018--Notaries Public; granting of commissions to
non-residents _______________________________..........505, 519, 604, 671, 706 HB 1019--Taxes; prohibit export tax on goods
manufactured in Georgia.--.--__------,,___.______ .472, 477, 529, 673, 702 HB 1020--Claxton, City of; change corporate limits........._468, 477, 529, 611, 617 HB 1021--Albany, City of; tax assessors.....-.-.._....--..469, 477, 530, 611, 617 HB 1022--Albany, City of; members of water, gas and
light commission .....______--___._____.__.----___.__._..__--.--469, 477, 530, 611, 617 HB 1024--Trenton, City of; change corporate limits.._--.469, 477, 530, 611, 617 HB 1026--Dooly County; Building Supervisor on Board
of Commissioners ___________________.___~___--469, 477, 530, 611, 617 HB 1027--Tybee Island; provide for elections.--...__.......469, 477, 530, 611, 618 HB 1028--Gray, Town of; amend charter............__________...469, 478, 530, 611, 618 HB 1029--Mclntosh County; clerk of Superior
Court, salary _________________________._____.._____--512, 519, 604, 674, 685 HB 1030--Mclntosh County; sheriff's salary........__----.512, 519, 604, 674, 685 HB 1031--Mclntosh County; consolidate offices of tax
receiver and collector......................___._____......___512, 519, 604, 674, 685 HB 1032--Mclntosh County; ordinary's salary......._._._.____512, 520, 604, 674, 685 HB 1033--Winder, City of; increase corporate limits----..469, 478, 530, 611, 618 HB 1034--Avera, Town of; amend charter, referendum____469, 478, 530, 611, 618
INDEX
953
HB 1035--Gainesville, City of; extend corporate limits.--473, 478, 530, 611, 619 HB 1036--Harris County; consolidate offices of tax
receiver and collector.------------------------593, 596, 668, 716, 722 HB 1037--Harris County; sheriff's salary.----------..--472, 478, 530, 611, 619 HB 1038--Harris County; clerk of Superior Court,
salary ___------------_-----_----_-------------593, 598, 668, 716, 722 HB 1039--Harris County; ordinary's salary.------.--------469, 478, 531, 611, 619 HB 1040--Tift County Library; City of Tifton make
donation to ___------__----_._--------------------469, 478, 531, 674, 685 HB 1041--Loganville, City of; close street----------.----.-470, 478, 531, 611, 619 HB 1042--Loganville, City of; define corporate limits..--470, 478, 531, 611, 620 HB 1043--Dalton, City of; extend corporate limits___._470, 479, 531, 810, 812 HB 1044--Lincoln County; treasurer's compensation._--470, 479, 531, 611, 620 HB 1045--Dublin, City of; define corporate limits...-..----593, 597, 669, 716, 723 HB 1046--Morgan County; commissioners of roads
and revenue ------__------_----_----_----.--__----.470, 479, 531, 611, 620 HB 1048--Tallapoosa, City of; recorder's court----.470, 479, 531, 611, 623, 883 HB 1049--Bremen, Town of; extend corporate limits----.470, 479, 531, 611, 620 HB 1051--Chatham County; tax commissioner's
compensation ..__-_.--------_------------__..-..470, 481, 533, 611, 620 HB 1052--Savannah, City of; convey property to
St. John's Church------._------------------__.--.470, 479, 531, 611, 621 HB 1053--Catoosa County; commissioner's salary..--------652, 661, 711, 716, 813 HB 1055--State Examining Boards; credit to veterans
taking certain examinations.--------------------512, 520, 605, 718, 833 HB 1056--Floyd County; salaries of county employees--.470, 479, 531, 611, 621 HB 1057--Floyd County; insurance coverage
for employees _______------___.------.----..470, 479, 532, 611, 621 HB 1058--Cave Spring, City of; increase ad valorem
tax limit _.----..._...--------.------.__.--------...471, 480, 532, 611, 621 HB 1060--Laurens County; clerk of Superior Court,
salary ......._----------____.__.----------.._----593, 597, 669, 716, 723 HB 1061--Rome, City of; extend corporate limits--..------471, 480, 532, 611, 622 HB 1062--Claxton, City of; City Court, solicitor's
salary ----_----.------------_------------.._._.___471, 480, 532, 611, 622 HB 1063--Evans County; clerk of Superior Court,
compensation ----...__--------_._._--._._--..471, 480, 532, 611, 622 HB 1064--Urban Redevelopment Act; amend, posting
notices on property--------..----_--------.------655, 661, 711, 718, 832 HB 1065--Public Service Commission; act to enlarge
jurisdiction repealed ......._------__-----------593, 599, 669, 721, 749 HB 1066--DeKalb County; employees' pensions.....--...--....471, 480, 532, 612, 622 HB 1067--DeKalb County; Civil Court, motions for
new trial _.__------.__------..__......_____--471, 480, 532, 612, 623 HB 1068--Decatur, City of; tax for school purposes__....471, 480, 532, 612, 623 HB 1069--Decatur, City of; mayor and commissioners,
attendance fees .__----._....__...........______471, 480, 532, 612, 623
954
INDEX
HB 1070--Motor Fuel; advertising, change restrictions __..----___----_------...____.------__.655, 661, 711, 721, 868
HB 1071--Glynn County; commissioners, vacancies----..471, 481, 532, 674, 686 HB 1072--Trials; attorney to represent indigent
defendant --__--.------.--_----.----------694, 598, 669, 718, 876 HB 1073--Rome, City of; amend charter.----------------513, 520, 605, 674, 686 HB 1075--Court of Appeals; increase number of judges--594, 599, 699, 720, 742 HB 1076--Taxes; allowances for depreciation in
computing net income------------_...___----.___.._______655, 661, 711, 718, 878 HB 1080--Macon-Bibb County Governing Authority;
create ----..___.._...-__--------_----------------513, 520, 605, 810, 813 HB 1081--Pulaski County; clerk of Superior Court,
salary --....---._.-....-._--_.--__--------------------..513, 520, 605, 674, 686 HB 1082--Pulaski County; tax collector's salary----..513, 520, 605, 674, 678, 883 HB 1083--Pulaski County; ordinary's salary.-..............--...513, 520, 605, 674, 686 HB 1084--Pulaski County; sheriff's salary-.-..--._.----...-520, 605, 674, 687 HB 1086--Newnan, City of; close certain streets.----.__.--513, 521, 605, 674, 687 HB 1087--Coweta County; convict labor......-....--_....--.----.613, 521, 605, 675, 687 HB 1088--Pulaski County; tax receiver's salary..--....--.613, 521, 605, 675, 687 HB 1089--Pulaski County; clerk of commissioners,
compensation --------_._...._----_________513, 521, 605, 675, 680, 883 HB 1090--Columbus, City of; commissioner's
compensation ..._._.----_____----_----_..------..............513, 521, 606, 675, 687 HB 1091--Newnan, City of; City Manager, provide
for referendum ___......._____._...------.----._----.-- ..514, 521, 606, 675, 688 HB 1092--Coweta County; officers placed on
salary basis ______----_..__--_.._----------__.__------__----514, 521, 606, 675, 688 HB 1093--Newnan, City Court; judge's compensation----514, 521, 606, 675, 688 HB 1096--Banks County; commissioners of roads
and revenue _._..._------..------_.------_.------_------.514, 522, 606, 716, 723 HB 1097--Atlanta, City of; amend charter, airport
property ...._______..--,,..----.......__,,...--_..__.-----.655, 661, 711, 716, 815 HB 1099--East Point, City of; personnel----------..------514, 522, 606, 675, 688 HB 1100--East Point, City of; close certain streets...--..514, 522, 606, 675, 689 HE 1101--East Point, City of; attorneys and
authority projects ___--.....-____....--.._.._.----.......__.514, 522, 606, 675, 689 HB 1102--East Point, City of; raising of revenue----.....514, 522, 606, 675, 689 HB 1103--East Point, City of; mayor and council-.----..514, 522, 606, 675, 689 HB 1104--Adel, City of; consolidate laws----..--------__.....514, 522, 606, 675, 689 HB 1105--Early County; ordinary's salary,....----..__----514, 522, 607, 675, 690 HB 1106--Wrightsville, City of; extend corporate limits....615, 523, 607, 675, 690 HB 1112--Misdemeanor; refusal to leave certain
premises _--------_.----.._----.,,------.._....-..--..--594, 600, 669, 671, 730 HB 1113--Telfair County; closed deer season--.----------615, 523, 607, 673, 690 HB 1114--Greene County; county officers' salar----_506, 523, 607, 675, 678, 884 HB 1115--Greene County; consolidate offices of tax
receiver and collector.....----------_--------,,.........515, 523, 607, 675, 690
INDEX
955
HB 1116--Uvalda, Town of; change name to City of_.,,.._...515, 523, 607, 675, 691 HB 1117--Mt. Vernon, Town of; change name
to City of_...--.......---..__--..-.-.-.--__.-----505, 523, 607, 675, 691 HB 1118--Ailey, Town of; amend act incorporating ------506, 523, 607, 676, 691 HB 1120--Atlanta Region Metropolitan Planning
District, create ..............._.........._................ ..594, 599, 669, 720, 750, 884 HB 1121-^Lithonia, City of; relating to streets........_.655, 661, 711, 716, 813, 884 HB 1122--Stone Mountain Circuit; judge's salary..----__ .655, 661, 711, 717, 815 HB 1124--Marietta, City of; reapportion wards...--..506, 523, 607, 676, 679, 709 HB 1126--McDonough, Town of; change corporate
limits .................__......._.__......_.__..._.__................_....._._.594, 597, 669, 716, 724 HB 1127--Stephens County; sheriff's salary.____....____........_.__594, 597, 669, 716, 724 HB 1128--Stephens County; clerk of Superior Court,
compensation ............._..-.-,,... 594, 597, 599, 669, 716, 723 HB 1129--Dougherty County; certain officials' auto
expense ___....___.__.____.._.______.._.____._..._____._-_.._._..--._...-.__595, 597, 670, 716, 723 HB 1130--Convict Labor; cemeteries, certain counties--.595, 597, 670, 721, 724 HB 1131--Laurens County; officers submit proposed
budget _._...._____.._____.....___._....______...___...-_.__..._-.__._..._-....695, 597, 670, 716, 724 HB 1132--Valdosta, City of; redefine corporate
limits .______.___.__....-____....-.____....-.__.._-.-._....--..._-595, 597, 670, 717, 726, 806 HB 1133--Stephens County; ordinary's compensation.----595, 598, 670, 716, 725 HB 1136--Probation Officers; blanket bond coverage .656, 661, 711, 721, 866 HB 1137--Richmond County; Board of Education,
compensation ____._...._______.._______.__..___..______...-__.._.._.___595, 598, 670, 716, 725 HB 1138--Cobb Judicial Circuit; amend act creating..-- --.----595, 670, 717, 725 HB 1140--Snellville, Town of; extend corporate limits .....595, 598, 670, 716, 725 HB 1141--Cochran, City of; amend charter.,...._...-..._..__....__ 652, 662, 711, 717, 815 HB 1143--Hawkinsville, City of; change corporate
limits .-----.----.-.------__.----.___-..._.-----..--......652, 662, 711, 717, 815 HB 1144--Emanuel County; tax commissioner,'clerical
help ..____.......___....______._----....-.......-___.--__..--652, 662, 711, 717, 816 HB 1145--Fulton County; retirement, judges and
solicitors ......._.__......_._____._...._.___...______....___......__._.. ....652, 662, 712, 716, 816 HB 1146--Nashville, City of; amend charter... .........._.__...__.6B2, 662, 712, 717, 816 HB 1147--Fulton County; tax assessors..........--652, 662, 712, 716, 816 HB 1148--Fiscal Affairs; control of, Certain counties..-..652, 662, 712, 716, 817 HB 1152--Vienna, City of; create new charter...--....--....-649, 665, 714, 719, 817 HB 1153--Unadilla, City of; create new charter.--_.....__.....650, 665, 714, 719, 817 HB 1154--Newnan, City of; zoning and planning laws. ..650, 665, 714, 719, 817 HB 1155--Pulaski County; commissioner of revenue
perform duties of treasurer.........-..._--..____-.......__650, 665, 714, 719, 817 HB 1156--Decatur, City of; commissioner, increase
term of offioe_...__.....-................-....._--.._..-_....650, 665, 714, 719, 818 HB 1157--Hawkinsville, City of; change corporate
limits -_..--._---____-________..-____.--.___.._..-.___...--_.__650, 666, 714, 719 HB 1158--Augusta, City of; amend charter.._._____.....___.._.....651, 666, 715, 719, 818
956
INDEX
HB 1160--Emanuel County; commissioners, terms..--._..__651, 666, 715, 719, 818 HS 1161--Valdosta, City of; corporate limits.-..-.....------659, 666, 715, 717, 818 HB 1162--Oglethorpe, Town of; certain streets......---...--651, 666, 715, 719, 819 HB 1164--Bainbridge, City of; employees' retirement----651, 666, 715, 719, 819
HOUSE RESOLUTIONS
HR 45--Ellsberry, Mrs. Clyde L.; compensate..----------508, 524, 607, 720, 751 HR 46--Clayton County; establish fire prevention
districts ,,----....._----....------....------......------.......----------146, 165, 316 HR 77--Tift County; compensate members of school
board ____._---.__--_------------.....--_.......--__---_____--------------_ 165, 317 HR 81--Municipalities; grant State funds to------.___._...140, 141, 164, 227, 277 HR 102--Bowman, Roland; compensate.----.------ ......------_.__662, 712, 811, 874 HR 111--Foster, James Fulton; compensate..----.....----------..652, 662, 712, 810 HR 119--Horak, Alexander J.; compensate------------.302, 307, 362, 445, 462 HR 120--School Lunches; provide public funds for
free lunches --......--_.......------------.....--------.596, 598, 670, 676, 747 HR 128--Bradford, Grady, and Neal, Lunsford;
compensate ._...__----------------------------302, 307, 362, 612, 637 HR 137--License Tags; provide for commanders of
certain patriotic organizations----...___----_...------_----------51, 62 HR 144--Berkeley Pump Company; compensate.----------302, 308, 362, 445, 463 HR 151--Ellington, Walter R.; compensate--------------302, 308, 362, 486, 496 HR 152--La Favor, Willis P.; compensate..----....--------302, 308, 362, 486, 496 HR 174--Higginbotham, Henry G. (Estate of) ;
compensate --....__........,,--.......----------_------303, 308, 362, 486, 497 HR 175--Reilly, Mrs. Margaret; compensate.--------------303, 308, 362, 486, 497 HR 176--Reilly, Janet; compensate..----------------------303, 308, 363, 486, 498 HR 177--Reilly, Joseph; compensate--__.--_----------303, 308, 363, 486, 499 HR 183--Baxter, Mrs. Maggie C.; compensate....--------303, 308, 3*63, 486, 499 HR 209--Tatum, Loyd; compensate-.....----------------....303, 309, 363, 486, 500 HR 210--Hatchett, E. T.; relieve as surety on bond----------481, 533, 614, 702 HR 234--American Sumatra Tobacco Company;
compensate ----.----_..--_--_-----......----....303, 309, 363, 486, 500 HR 265--Notify Governor General Assembly has convened--------------.-------? HR 266--Joint Session; to hear message from Governor....--------------------6, 7 HR 269--Boy Scouts; proclaim 1960 Golden
Anniversary Year _____------------___------------________._._.._------25 HR 270--Highways; allocation of gasoline funds for----118, 124, 146, 165, 202 HR 272--Mental Health Study Committee; create.-..--.--..------..--------657, 695 HR 273--Medical Scholarships and Loans; provide in
State supported hospitals..__.----_.__._------117, 124, 146, 386, 884 HR 274--Scholarships; provide for physicians in
mental health field.--------------------_______----117, 124, 146, 165, 208 HR 275--Jackson, Dr. George W.; compensate..----------390, 398, 443, 612, 637 HR 277--House, J. Robert; compensate------..------------508, 524, 607, 720, 752
INDEX
957
HR 278--Wall, John D.; compensate----.----_._.---------303, 309, 363, 486, 501 HE 279--Memorialize Congress; relating to States'
Rights ....__..__--_----__----_.-----.-------------393, 440, 486, 534, 589 HR 281--Sumter County; provide law books to.----__----...97, 123, 145, 227, 270 HR 283--Cook, Oscar W.; compensate----_--._._----_--~--303, 309, 363, 486, 502 HR 284--Morgan County; provide tax for promoting
industries _._....._,,.._.----_...__--..------____.--------.179, 193, 225, 253, 320 HR 285--Morgan County; provide for business licenses____179, 193, 225, 254, 322 HR 286--Lowndes County; allow board of education
to borrow funds--------------.--------_----------.180, 193, 225, 254, 324 HR 287--Humphries, Hugh J.; compensate...._----------.303, 309, 363, 486, 503 HR 288--Butts, Wallace; invite to address General
Assembly ..... .___._..__,,.--.--_--..---------,,.--- 26, 27 HR 289--State Highway Board; joint session to elect
members ._----..--........,,.--_____..----------. .... 26, 27, 34 HR 290--Clarke County; University of Georgia; Athens
Chamber of Commerce; express appreciation to._____--_..____--------...26, 28 HR 291--Milledgeville State Hospital; express
appreciation to -_----.__----,,.__--------.---------------------------- 27, 28 HR 295--Nix, Hon. Abit; honor memory of----------------_..__----_.._-_...___ 32, 45 HR 296--Smith, Hon. George T.; commend._.___--____.._----------.._----_.32, 45 HR 297--Congress; petition, benefits for Veterans
of World War I------------._.----._....----.._--------__.--------------180, 229 HR 299--Methods of financing additional services;
committee to study_----.___----.--__--__----.--....___..._ ... .._____180, 229 HR 300--Highways; allocation of gasoline funds...------140, 142, 164, 227, 278 HR 301--Butts, Wallace; joint session to hear.------..._._--------__----------.__._38, 45 HR 304--Moose Convention; invite to hold 1961
Convention in Atlanta------.__----...----_._----------..._--------304, 416 HR 305--Ports; endorse Governor's recommendation
of Georgia Ports.------__........__------__------_------.--------........ISO, 229 HR 306--Gillis, Hon. James L.; wish speedy recovery....------------ .----.--38, 46 HR 308--Jordan, Hon. Robert; elected member of
Highway Board .___.----.----------_--------.----_------._----...------ 36 HR 309--Jordan, Hon. Robert; elected member of
Highway Board, full term------------------------.--------.---- --36 HR 312--Wallace, Judge George; invite to address
General Assembly _-......--__-...._-...--_-._...----..------------------.83, 128 HR 313--Memorialize Congress; increase veterans
educational benefits _._--.--..__.--.___----------.__....._----------_--.180, 230 HR 314--Congress; request funds for Veterans
Hospital in Atlanta area...--..----------...--------_^--.--._..--.180, 230 HR 315--Butler, Jack; compensate.....--------_.--------.....508, 524, 608, 720, 753 HR 316--Brooks County; create Development
Authority .------..--------.._____........----__...___ 178, 193, 225, 253, 325 HR 318--General Assembly; terms of
members __------.___----__.____----------.......178, 193, 225, 487, 549, 591, 643
958
INDEX
HE 319--McAvoy, Mitchell; compensate______________________ -508, 524, 608, 720, 753 HR 320--Glynn County; duties of marshal-- .............. -..392, 398, 443, 488, 559 HR 321--Elbert County; election of board of
education _.__.__.____________________.___________,,...___.179, 194, 225, 253, 329 HR 322--Western and Atlantic Railroad; ratify lease
agreement --,------ _._.__---------__.____----------160, 163, 197, 228, 232 HR 323--Wayne County; election of board of
education ------------------------------------.........179, 194, 225, 253, 332 HR 324--Cobb County; create zoning and planning
commission ____________________._________..__________.___179, 194, 225, 254, 334 HR 325--Tift County; create Development Authority--..179, 194, 225, 254, 336 HR 326--Mayor's Day; proclaim yearly.........--_------------................._--48 HR 328--Suspend sales tax on Bibles--.....--.....----.,----242, 249, 294, 312, 385 HR 329--Suspend tax on personal property for certain
hospitals _--_._._.--__--------------------------.-- .242, 249, 294, 312, 385 HR 330--Suspend sales tax penalties in certain
circumstances ._.------..----._------.--------_- --242, 249, 294, 312, 386 HR 331--Agricultural Products; promote--_..............--.139, 142, 164, 227, 280 HR 333--Hall County; provide fire prevention districts--181, 194, 225, 254, 339 HR 334--Hall County; election of members of board
of education __...____._.___._..------------.181, 194, 226, 254, 445, 582, 655 HR 335--Clarke County; provide for paving of streets....181, 194, 226, 254, 341 HR 336--Clarke County; establish districts.--...._..----.-181, 194, 226, 254, 343 HR 337--Clarke County; provide building permits......----181, 195, 226, 254, 345 HR 338--Clarke County; require business licenses...--.....181, 195, 226, 254, 347 HR 339--Clarke County; police ordinances----.------.- ..181, 195, 226, 253, 349 HR 340--State Property (Chattanooga) ; committee
to inspect .-- ....-- ......--............_-......--......-........,,-.70, 80 HR 341--Talmadge, Senator Herman, and Russell,
Senator Richard B.; invite to address General Assembly --.....--.._____________________.----------.-- .......83, 84 HR 342--Senators Talmadge and Russell; joint session to hear addresses._____________________________,,_____.______________ -83, 84 HR 348--Nation, Lee Roy; compensate..----_._________._.......303, 309, 363, 445, 463 HR 349--Wildlife Rangers; reimburse for expenses incurred ___________.____________.___________._.____._____286, 290, 312, 446, 462 HR 354--Anderson, Hoyt; compensate.----------------------303, 309, 363, 445, 464 HR 356--Morgan County; furnish law books to.--___----177, 195, 226, 364, 375 HR 357--State Board of Education; provide funds for teachers' scholarships ______________________________________.----657, 663, 712, 834
HR 358--Board of Regents; add Commissioner of Agriculture to membership.------------.__.--------357, 359, 401, 614, 692
HR 360--Relative to treatise "God Is"----__.______.__..__.____________.,,__________..304, 416
HR 361--O'Rear, Harvy B.; commend..____._._._______--.______._...__..._...__.. --181, 230
HR 362--De Molay Order; commend _....._.....__.__. _._..___.______..........----...----181, 230
HR 367--Brunswick Ports Authority; create----- ....... 393, 398, 443, 487, 553
INDEX
959
HR 368--Quitman, City of; and Brooks County; merge school systems ..----..--._--__...----...----------393, 398, 443, 486, 572
HR 369--General Assembly Committee on Schools; create .....__.__......-._....----._.........----------182, 195, 226, 255, 275, 304
HR 372--Wallace, Judge George C.; express appreciation to _--------------__----____----.---------------------------129
HR 374--University of Georgia; convey land in Tift County .----_-...--.--...---._---..--------------596, 599, 670, 720, 750
HR 375--Sales Tax; confirm executive order to suspend on sales to U. S. government....-----_._.-----------357, 360, 401, 445, 493
HR 376--Meriwether County; issue revenue bonds--....-393, 398, 443, 487, 561 HR 377--Thomasville, City of; create Payroll
Development Authority ..------.___----_.------..... 393, 398, 443, 486, 562 HR 378--Stewart County; issue revenue bonds.----.... ...393, 398, 443, 487, 551 HR 380--Meeks, J. R.; compensate ..----_------.------.----656, 663, 712, 811, 875
HR 382--Brooks County; State Park Development.....--508, 524, 608, 672, 750
HR 385--Early County; issue revenue bonds ...----_------509, 524, 608, 676, 759
HR 386--Spivey, Ferrnell L.; compensate.----------------508, 524, 608, 720, 754
HR 387--International Harvester Company;
compensate _r._i._.__---------------------------508, 524, 608, 720, 754
HR 388--Seaboard Air Line R.R.; compensate--.--------508, 524, 608, 720, 755
HR 389--Atlanta, City of; grant easement to.----------391, 399, 444, 487, 544
HR 390--Walker, James Hubert; compensate------------508, 525, 608, 720, 756
HR 391--Savannah, City of; create Transit Authority.............393, 444, 487, 555
HR 392--Urban Transit System; relieve from paying
1958 tax ------.----------------,,--_----------.656, 663, 712, 721, 832
HR 394--General Assembly; increase salary of
members .___----------
,,--------._----.--... 596, 599, 671, 720, 869
HR 395--Newton, Dr. Louie D.; invite to address joint
session ........._..._---- .....-- .-------- __----...........--------182, 230
HR 396--Billboard Control Act; urge passage of......._------------...----.182, 230
HR 397--Blitch, Mrs. Iris; invite to address joint
session ___........._----------------_____________...______ 182, 230
HR 398--University of Georgia; 100th Anniversary
celebration of Law School--------.------------____--------.--...------_..182, 230
HR 399--Seminole State Park; name-.....--------.-_------.--------------.304, 416
HR 401--Disabled Veterans; State to furnish
automobile tags ------___.----------.____----___...... .--------------394, 443, 450
HR 403--O'Neal, Waymond; commend.------------.------------------ 506, 695
HR 405--Stewart County; installation of electrical
system --------......------....._.......----........--505, 525, 608, 676, 760, 884
HR 406--Stewart County; authorize to construct bridges .._------......------------_.----------.......__509, 525, 608, 676, 762
HR 407--Lee County; issue revenue bonds...........--..........509, 525, 608, 677, 764
HR 408--Ware County; issue business licenses----------391, 399, 444, 487, 557 HR 409--Appling County; land conveyance.--------......_.------357, 360, 401, 402 HR 410--Clay County; issue revenue bonds--------__.._._----506, 525, 609, 677, 766
960
INDEX
HE 411--Tattnall County; sale of telephone lines to State Prison --__------_--___--.--------_------472, 481, 533, 672, 704
HR 412--Whitfield County; establish fire prevention districts _.----_.-----.--_.------------------.....391, 399, 444, 487, 568
HR 414--Valdosta-Lowndes County Industrial Authority; create ........._...__.__----------------510, 525, 609, 677, 768
HR 415--Shadburn, Mr. and Mrs. A. 0.; compensate_.._.__508, 525, 609, 721, 756 HR 416--Liability Insurance; authorize counties to
purchase .....--._----------.--------------------472, 481, 533, 613, 742 HR 418--Glascock County; election of board of
education ----------._.----._._____......--...._._.____393, 399, 444, 487, 570 HR 419--Richmond County; land conveyance..--_..____________652, 663, 712, 719, 811 HR 420--Barratry; joint committee to study
legislation relating to.----__--.--------------------434, 439, 485, 718, 731 HR 423--State Seal; authorizing purchase of new seal--391, 399, 444, 445, 493 HR 425--Quitman County; issue revenue bonds....--------510, 525, 609, 676, 772 HR 426--Decatur County; issue revenue bonds..........----..510, 526, 609, 677, 774 HR 427--Gamble, Walter; compensate----.._........_.--------505, 526, 609, 721, 757 HR 428--Reidsville State Park; name.----.._...._..------.......--------.....----.304, 416 HR 429--Memorialize Congress; request program to
eradicate hog cholera.-..--------------_._..._._..___----..._____------.304, 416 HR 430--Income Tax Law Study Committee;
compensate members _____..----...----------------656, 663, 712, 811, 876 HR 432--Katz, Col. Edward R.; commend------_------.__--------------506, 695 HR 433--Archival Building; committee to study
construction of __--------__----_----__.------........._..394, 440, 444, 486, 533 HR 435--Richmond County; authority to General
Assembly relative to County agencies--___._........653, 663, 713, 718, 838 HR 436--Dade County; issue revenue bonds __________------..510, 526, 609, 676, 776 HR 441--Columbus, City of; plans and funds for
port -___.._--------------.------------...394, 440, 443, 486, 614, 809, 819 HR 443--Smyrna, City of; provide for independent
school system ----..----------------_._....------._.--.509, 526, 609, 676, 778 HR 445--Athens-Clarke County Industrial Development
Authority; create ...__----__._..------.----------.510, 526, 609, 676, 780 HR 446--Clarke County; establish water, sewerage and
fire districts _.------_____------.......----.------_..._.509, 526, 609, 677, 785 HR 447--Spalding County; establish water districts.----509, 526, 610, 677, 787 HR 448--Dougherty County; issue business licenses----509, 526, 610, 677, 788 HR 449--Baldwin County; powers of commissioners----509, 527, 610, 676, 791 HR 450--Faircloth, T. E.; compensate.--------------------508, 527, 610, 721, 758 HR 452--Rentz, R. W.; compensate.--------------.--------509, 527, 610, 677, 793 HR 453--Memorialize Congress; relative to imports of
cotton textiles .....___.--------._.........--------__...433, 440, 485, 534, 587 HR 454--Wesleyan Conservatory; State to purchase
for historical purposes__.--____.__....__.--------._._..............394, 444, 450 HR 455--Telfair County; issue revenue bonds.------------505, 527, 610, 677, 794
INDEX
961
HR 457--Moultrie-Colquitt County Development Authority; create --__----------------------509, 527, 610, 676, 719, 796
HR 459--Atlanta, City of; assume liabilities for annexed property __.__--------.------------------.596, 599, 671, 716, 800
HR 460--Tift County; new tax for education.------------656, 663, 713, 719, 841 HR 462--DeKalb County; levy tax to promote industries..656, 663, 713, 716, 843 HR 463--Columbus Parking Authority; create _________._______656, 664, 713, 718, 844 HR 464--Chattahoochee County; issue revenue bonds......656, 664, 713, 718, 847 HR 465--Wilby-Kincey and Metro-Goldwyn-Mayer;
express appreciation to.,,,,..------__--_--------------__------------434, 450 HR 467--Grinstead, Captain William Parker; deplore
passing of ----------------------------------__------------------433, 450 HR 469--Gray, Hon. James H.; invite to address
General Assembly --_________--__----___.--._---------------_--------_____433, 450 HR 470--Gray, Hon. James H.; joint session to hear
address --------------------------._._--------------------------433, 450 HR 472--State Warehouses; committee to investigate.--------------------657, 695 HR 475--Militia; discipline of members._------___------.----658, 666, 715, 809, 879 HR 477--Glynn County; levy tax to encourage
industries ._...._------______--------..__--------------656, 713, 719, 849 HR 478--Athens Public Facilities Authority; create,.,.----__658, 713, 719, 851 HR 479--Kingston, City of; land conveyance -------- 657, 666, 715, 719, 819, 884 HR 480--Mclntosh County; election of board of
education _.___----_--------_------____----__658, 664, 713, 719, 852 HR 482--Cobb County; levy tax to promote industries.--..658, 664, 713, 719, 855 HR 483--Georgia Press Association; express
appreciation to .___.,,_.____.._._----__----__--------------473, 589 HR 488--Memorialize Congress; relating to Intra-State
System of Defense Highways.----___----------------____----_______506, 695 HR 491--Board of Regents; add Director of Agriculture
Department to membership.----__,,------__.________.__...708, 729 HR 492--Gwinnett County; board of education, terms,--..658, 664, 713, 716, 862 HR 493--State Agencies; relating to surplus funds....__651, 664, 714, 720, 867 HR 499--University of Georgia; build coliseum for...._----------------507, 644 HR 501--Insurance Code; additional funds for setting
up provisions ----------------------------_......658, 667, 715, 811, 867 HR 502--Worth County; issue revenue bonds.------------..658, 667, 715, 718, 860 HR 504--Georgia Association of Broadcasters ;.
commend ____------_------.,,_.._._..--___.__...._------------600, 696 HR 513--Stevenson, Paul A.; deplore death of ------.--------------------653, 696 HR 514--Legislative Counsel; commend for services.----------____----657, 696 HR 516--Hamilton, Hon. George B., and Hon. Horace
Hixon; express appreciation to.--------__....._____------------653, 696 HR 518--Lewis, Miss Annie Laura; congratulate----------------------657, 696 HR 519--Fortson, Hon. Ben and Hon. Joe Burton;
commend ...._....___.--______...__...._.____.__...._.____..._.__657, 696
962
INDEX
HR 524--Sons of Confederate Veterans; endorse projects of ..-...-.___....___._........____.-.....___--...____.,,..._......_.._.... ._._.__.. ____.._.708, 729
HR 525--Snower, H. B.; deplore death of..___....-___......_......._.__....._....____.....-708, 729 HR 528--Davis, Jeff; place bust in Hall of Fame...................._........_...._...708, 729 HR 530--Phillips, Mrs. J. T.; congratulate.........-.._._._..._....._.._._.._._........806, 879 HR 534--Adjournment of General Assembly; set time of.....---__.__.__--__.-__.._.____872