Journal of the Senate of the State of Georgia at the regular session, commenced at Atlanta, Monday, January 14, 1963 and adjourned March 15, 1963

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 14, 1963 and adjourned March 15, 1963
1963 LONGING & PORTER, INC.
HAPEVILLE, GA.

OFFICERS
OP THE
STATE SENATE
1963-1964
PETER ZACK GEER__._____________Lieutenant Governor
MILLER COUNTY
HARRY C. JACKSON________________President Pro Tern
MUSCOGEE COUNTY
GEORGE D. STEWAET______________.___Secretaiy
FULTON COUNTY
LAMONT SMITH--___-_-----_-_-____-_----_Assistant Secretary
TATTNALL COUNTY
LOUISE LEAVELL__-_------__----_-------_--Legislative Assistant
DEKALB COUNTY
REBECCA CAUSEY_________________Journal Clerk
DOUGLAS COUNTY
ANNDUNCAN_____________________Calendar Clerk
FULTON COUNTY
PRESTON B. LEWIS, JR.__________________ .Messenger
BURKE COUNTY
ANN WEBB________________________Message Clerk
FULTON COUNTY
HENRY CASTLEMAN _______________________ Doorkeeper
FULTON COUNTY

MONDAY, JANUARY 14, 1963

59

Senate Chamber, Atlanta, Georgia, Monday, January 14, 1963.

The Senators-elect of the General Assembly of Georgia for the years 19631964 met pursuant to law in the Senate Chamber at 10 o'clock this day, and were called to order by the president.

The invocation was offered by Reverend James P. Wesberry, Sr., pastor, Morningside Baptist Church, Atlanta, Georgia.

The following communication from the Honorable Ben W. Fortson, Secretary of State, certifying the senators-elect in the general election of 1962, was received and read:

SECRETARY OF STATE Ben W. Fortson, Jr. Atlanta 3, Georgia

Honorable George D. Stewart Secretary of the Senate State Capitol Atlanta, Georgia

January 14, 1963

Dear Sir:

I am transmitting herewith the names of the Senators elected in the General Election held on November 6, 1962, to represent the various Dis tricts in the General Assembly for the years 1963 and 1964; and copies of documents relative to contest for the office of Senator from the Third and the Fourteenth District, as the same appear from the consolidated returns of said election and notices of contest which are of file in this office.
Very truly yours,

BWF-ls enclosures

/s/ Ben W. Fortson, Jr. Secretary of State

DISTRICT 1st 2nd 3rd
4th
5th

COUNTIES
Chatham Chatham
Chatham CONTEST (See attached documents)
Screven, Effingham, Bulloch, Candler, Evans and Tattnall
Bryan, Liberty, Long, Mclntosh and Glynn

NAME Frank O. Downing William A. Searcey
Clinton Oliver John M. Gayner, III

60

JOURNAL OF THE SENATE,

DISTRICT 6th
7th 8th 9th 10th llth 12th 13th 14th
15th 16th 17th 18th 19th 20th
21st 22nd 23rd 24th
25th 26th 27th 28th 29th 30th 31st 32nd

COUNTIES

NAME

Jeff Davis, Appling, Bacon, Wayne, Pierce, Brantley, Charlton and Caniden

William A. Zorn

Atkinson, Clinch, Coffee, Lanier

and Ware

Talmadge McKinnon

Berrien, Cook, Echols and Lowndes

Robert A. (Bobby) Rowan

Brooks, Colquitt and Tift

Ford B. Spinks

Grady, Mitchell and Thomas

Glenn Pelham

Baker, Calhoun, Clay, Decatur, Early, Miller and Seminole Julian Webb

Dougherty

A. W. (Al) Holloway

Ben Hill, Crisp, Irwin, Lee, Turner and Worth

Martin Young

Chattahoochee, Randolph, Stewart, Sumter, Terrell, Webster and Quitman CON TEST (See attached docu ments)

Jimmy Carter

Muscogee

A. Perry Gordy

Muscogee

Harry C. Jackson

Harris, Macon, Marion, Schley,

Talbot, Taylor and Upson

Garland T. Byrd

Crawford, Twiggs, Houston and

Peach

Stanley E. Smith, Jr.

Bleckley, Dodge, Pulaski, Telfair,

Dooly and Wilcox

Roy Noble

Johnson, Laurens, Treutlen, Wheeler, Montgomery and Toombs

Hugh M. Gillis

Emanuel, Jenkins, Burke and Jefferson

Milton A. Carlton

Richmond

J. B. Fuqua

Richmond

Milford A. Scott

Wilkes, Lincoln, Columbia, Mc-

Duffie, Glascock, Warren,

Taliaferro and Greene

W. A. (Wyck) Knox

Hancock, Baldwin, Washington, Culver Kidd Wilkinson and Jones

Bibb

William J. Hunt

Bibb

J. Taylor Phillips

Butts, Lamar, Monroe, Pike and

Spalding

Robert H. Smalley, Jr.

Heard, Meriwether and Troup R. Shaefer Heard

Carroll, Coweta and Fayette

Lamar R. Plunkett

Douglas, Haralson, Paulding and

Polk

Albert F. Moore

Cobb

Edward S. Kendrick

MONDAY, JANUARY 14, 1963

61

DISTRICT 33rd 34th 35th 36th 37th 38th 39th 40th 41st
42nd 43rd 44th 45th
46th
47th
48th
49th
50th
51st 52nd 53rd 54th

COUNTIES

NAME

Cobb Fulton Fulton Fulton Fulton Fulton Fulton Fulton DeKalb
DeKalb DeKalb Clayton, Henry, Rockdale Putnam, Jasper, Morgan, Newton
and Walton Oconee, Clarke, Madison and
Oglethorpe Stephens, Franklin, Hart and
Elbert Banks, Jackson, Barrow and
Gwinnett Dawson, Forsyth, Hall and
Lumpkin Fannin, Gilmer, Habersham,
Pickens, Rabun, Towns, Union and White Bartow, Cherokee and Gordon Floyd Chattooga, Dade and Walker Catoosa, Murray and Whitfield

Kyle Yancey Charlie Brown Frank E. Coggin J. M. (Joe) Salome James P. Wesberry, Jr. LeRoy R. Johnson Oby T. Brewer, Sr. Dan I. Maclntyre, III H. (Mac) McKinley Conway,
Jr. Ben F. Johnson W. Hugh McWhorter S. Tom Ellis
Brooks Pennington, Jr.
Paul C. Broun
Robert E. Lee, Jr.
Harold Harrison
Erwin Owens
Zell Miller Jack Fincher J. Battle Hall Joseph E. Loggins Charles A. Pannell

COURT OF ORDINARY Shelby Myrick, Jr., Judge
Chatham County Savannah, Georgia

Hon. Ben W. Fortson, Jr., Secretary of State, State Capitol, Room 214, Atlanta, Georgia.

December 17th, 1962

Dear Mr. Fortson:

IN RE: CONSOLIDATED RETURNS THIRD SENATORIAL RACE, CHATHAM COUNTY.

I wrote you on November 12th, sending you all of the consolidated returns, with the exception of the Third Senatorial District Race.

62

JOURNAL OF THE SENATE,

In the cases of H. V. Beatty, Jr., et al, vs. Shelby Myrick, Jr., et al, I was temporarily enjoined from certifying the results in the above race. The hearing has been had, and Judge Harrison has, this day, dismissed both petitions on general demurrer and, therefore, I am sending you an additional consolidated return in connection with this race.

Yours very truly,

SMJR/McA End-

/s/ Shelby Myrick, Jr., Judge, Court of Ordinary, Chatham County, Georgia.

Additional State and County Officers CONSOLIDATED RETURNS
State of Georgia, Chatham County.
We, the undersigned, a majority of the Superintendents at the Court House, and the Superintendent from each voting place of an election held in the County of Chatham on the 6th day of November, 1962, for State and County Officers, do certify, that we have met and consolidated the returns of the other voting places, with the Court House returns, and that the following is the result:
For State Senator from Third District Harris Slotin received 11,741 votes.
For State Senator for Third District (Republican Party) Joseph J. Tribble received 11,455 votes.
Which will fully appear by reference to the enclosed list of voters, precinct returns and Tally Sheets.
Given under our hands and official signatures this 7th day of No vember, 1962.
/s/ ^.... ......... /s/ ........................... /s/ .................................
/S/ _____________________ /S/ __,,____ ._.-------____.....
Superintendents.
To His Excellency, S. Ernest Vandiver, Governor of the State of Georgia: Joseph J. Tribble gives notice under Sections 34-2801 and 34-2901
of the 1933 Code of Georgia Annotated of his intention to contest the purported election of Harris Slotin in the General Election held on No vember 6, 1962 to the office of Senator from the Third Senatorial Dis trict of Georgia and requests that the Commission usual in such cases be withheld as provided by law. Joseph J. Tribble was a candidate for said office.
This 21st day of November, 1962.
/s/ Joseph J. Tribble Contestant

MONDAY, JANUARY 14, 1963

63

STATE OF GEORGIA Executive Department
Atlanta
November 26, 1962
Honorable Joseph J. Tribble 402 Arlington Road Savannah, Georgia
Dear Mr. Tribble:
This will acknowledge receipt of your letter of November 21st in which you enclosed copy of Notice of Contest of Election concerning the election of State Senator from the Third Senatorial District of Georgia.
As stated in my letter to you of November 21st, I am withholding the issuance of my commission to Mr. Slotin until this contest is decided.

With kindest regards, I am

Sincerely,

SEV:lag

/s/ S. Ernest Vandiver Governor

The following senators-elect presented themselves at the rostrum where they received the oath of office administered by Honorable Luther Alverson, judge, Superior Court of Fulton County:
Senators Brown of the 34th, Coggin of the 35th, Salome of the 36th, Wesberry of the 37th, Johnson of the 38th, Brewer of the 39th, Maclntyre of the 40th, Conway of the 41st, Johnson of the 42nd and McWhorter of the 43rd.

The following senators-elect presented themselves at the rostrum where they received the oath of office administered by Honorable Hal Bell, judge, Macon Judicial Circuit:
Senators Gordy of the 15th, Jackson of the 16th, Smith of the 18th, Hunt of the 26th and Phillips of the 27th.

The following senators-elect presented themselves at the rostrum where they received the oath of office administered by Honorable W. D. Flexer, judge, Bruns wick Judicial Circuit:
Senators Downing of the 1st, Searcey of the 2nd, Oliver of the 4th, Gayner of the 5th and Zorn of the 6th.

The following senators-elect presented themselves at the rostrum where they received the oath of office administered by Honorable Harold E. Ward, judge, Dublin Judicial Circuit:

64

JOURNAL OF THE SENATE,

Senators Webb of the llth, Holloway of the 12th, Carter of the 14th, Gillis of the 20th, Carlton of the 21st and Kidd of the 25th.

The following senators-elect presented themselves at the rostrum where they received the oath of office administered by Honorable H. W. Lott, judge, Alapaha Judicial Circuit:
Senators McKinnon of the 7th, Rowan of the 8th, Spinks of the 9th, Pelham of the 10th and Young of the 13th.

The following senators-elect presented themselves at the rostrum where they received the oath of office administered by Honorable Sam P. Burtz, judge, Blue Ridge Judicial Circuit:
Senators Kendrick of the 32nd, Yancey of the 33rd, Broun of the 46th, Lee of the 47th, Harrison of the 48th, Owens of the 49th, Pincher of the 51st, Hall of the 52nd, Loggins of the 53rd and Pannell of the 54th.

The following senators-elect presented themselves at the rostrum where they received the oath of office administered by the Honorable John Hardin, judge, Augusta Judicial Circuit:
Senators Puqua of the 22nd, Scott of the 23rd, Knox of the 24th, Plunkett of the 30th, Moore of the 31st and Miller of the 50th.

The following senators-elect presented themselves at the rostrum where they received the oath of office administered by the Honorable John H. McGehee, judge, Griffin Judicial Circuit:
Senators Noble of the 19th, Smalley of the 28th, Heard of the 29th, Ellis of the 44th and Pennington of the 45th.

The president announced that the next order of business was the election of the president pro tempore. Senator Smalley of the 28th nominated Senator Jack son of the 16th, and the nomination was seconded by Senators Conway of the 41st, Miller of the 50th, Owens of the 49th, McWhorter of the 43rd and Fuqua of the 22nd.

Senator Pannell of the 54th moved that the nomination be closed and that the secretary of the Senate cast the vote of the entire body for Senator Jackson.

The motion prevailed and the secretary announced Senator Jackson duly elected president pro tempore.

The president appointed as a committee to escort the president pro tempore to the rostrum the following:

Senators Carter of the 14th, Gordy of the 15th, Smith of the 18th, Noble of the 19th and Gillis of the 20th.

MONDAY, JANUARY 14, 1963

65

Upon being presented to the Senate by the president, the president pro ternpore addressed the members in appreciation of his election as president pro ternpore.

The president announced that the next order of business was the election of the secretary of the Senate.

Senator Pannell of the 54th nominated Honorable George D. Stewart of Fulton County. The nomination was seconded by Senators Kidd of the 25th and Brown of the 34th.

Senator Pannell of the 54th moved that the nominations be closed and that the Senate cast the vote of the entire body for Mr. Stewart.

The motion prevailed and the president announced Mr. Stewart duly elected secretary of the Senate.

The president appointed as a committee to escort the secretary to the rostrum the following:
Senators Carlton of the 21st, Fuqua of the 22nd, Scott of the 23rd, Knox of the 24th, Kidd of the 25th and Hunt of the 26th.

Mr. Stewart was administered the oath of office by the president.

Upon being presented to the members of the Senate by the president, the secretary addressed the Senate, expressing his appreciation of the honor con ferred upon him.

The president announced that the next order of business was the election of a messenger,
Senator Gayner of the 5th nominated Honorable Preston Lewis of Burke County, and the nomination was seconded by Senator Gillis of the 20th.
Senator Pannell of the 54th moved that the nominations be closed and that the president instruct the secretary to cast the entire vote of the membership for Mr. Lewis as messenger. The motion prevailed and the president declared Mr. Lewis duly elected as messenger by unanimous vote of the Senate.
The president appointed as a committee to escort Mr. Lewis to the rostrum the following:
Senators Phillips of the 27th, Smalley of the 28th and Heard of the 29th.
Upon being presented to the Senate by the president, Mr. Lewis responded with expressions of appreciation for the honor he received.

66

JOURNAL OF THE SENATE,

The president announced that the next order of business was the election of a doorkeeper.

Senator Miller of the 50th nominated Honorable Henry Castleman of College Park, Georgia, and the nomination was seconded by Senator Ellis of the 44th.

Senator Pannell of the 54th moved that the secretary be instructed to cast the entire vote of the Senate for Mr. Castleman as doorkeeper. The motion pre vailed and the president declared Mr. Castleman doorkeeper by unanimous vote of the Senate.

The president appointed as a committee to escort Mr. Castleman to the ros trum the following:
Senators Plunkett of the 30th, Moore of the 31st and Kendrick of the 32nd.

The president presented Mr. Castleman to the Senate and he responded with expression of appreciation for the honor he received.

The following resolutions were read and adopted:

SR 1. By Senator Pannell of the 54th:
A resolution to notify the House of Representatives that the Senate has convened and organized; and for other purposes.

SR 2.

A RESOLUTION

Adopting the Rules of the Senate; and for other purposes.

BE IT RESOLVED BY THE SENATE that except as herein pro vided, the Rules of the Senate in force at the adjournment of the Regular 1962 Session of the General Assembly are hereby adopted as the Rules of the Senate for the 1863 Session.

BE IT FURTHER RESOLVED that Rule 198 of the Rules of the Senate is hereby amended by striking said Rule in its entirety, and in serting in lieu thereof, a new Rule 198 to read as follows:

"Rule 198. The President shall appoint the following standing committees, which shall have the following number of Senators each:
Agriculture and Natural Resources--------_--_--_----__--.._.. 15 Appropriations ....___--__...--_.______________--------..._. 18 Banking and Finance.----_--__--_------------------.---------- 15 Business, Trade and Commerce----.------.._------__----...-- 7

MONDAY, JANUARY 14, 1963

67

County and Municipal Governments.._.____----__--_-__------___ 11 Defense and Veterans Affairs--__--_-------_-_--__----_______,, 7 Economy, Reorganization and Efficiency in Government----_________ 7 Educational Matters --__._.._..._..__,,.--------------__......__... 22 Health and Welfare.--....-__----..._..--_.__...--------------_. 11 Highways --_.....___________._________...--_----____------ 17 Industry and Labor-----.--_...----_--.._______----._______________ 16 Interstate Cooperation _____.___,,________----__---_________...-------- 5 Judiciary __,,___--__--____,,______--______________--------...----.__._.----,,___ 12 Penal and Correctional Affairs----------------_--.._________________ 7 Public Utilities and Transportation----_...._____-___.___________ 11 Rules ________________________________..----_--___--------------------..------ 18 Senate Administrative Affairs____--____________________________________-- 5 Temperance ,,________________________________________.------_------_..._ 9

"The President shall also appoint a Subcommittee on Institu tions and Mental Health within the Committee on Health and Wel fare.

"Each Senator shall be appointed to serve on at least three committees, and no Senator shall be appointed to serve on more than four committees.

"The President of the Senate shall be an ex-officio member of all standing committees of the Senate, but shall have no vote as an ex-officio member except on the Committee on Rules, of which he shall be Chairman. The President Pro Tempore of the Senate shall be an ex-officio member of the Committee on Economy, Reorganiza tion and Efficiency in Government.

"The Chairman of the Committee on Appropriations shall be appointed a member of the Committee on Banking and Finance, and the Chairman of the Committee on Banking and Finance shall be appointed a member of the Committee on Appropriations.

"Except as hereinafter provided, the President shall appoint a Chairman, a Vice Chairman, and a Secretary of each committee. No Senator shall be appointed Chairman or Vice Chairman of more than one committee, except that the Administration Floor Leader appointed by the Governor shall automatically be Vice Chairman of the Rules Committee and shall also be an ex-officio member of the Committee on Appropriations and the Committee on Banking and Finance. He shall have a vote on each of said committees the same as any other member of said committees. Such Floor Leader shall serve on the above three committees and if the President so desires, he may appoint the Floor Leader to such other number of commit tees as provided hereinbefore for other Senators. Prior to serving on the three committees listed above, the Administration Floor Leader must be certified as such by the Governor to the President of the Senate and the Secretary of the Senate."

SR 3. By Senator Pannell of the 54th:
A resolution relative to officials, attaches and employees of the Senate; and for other purposes.

68

JOURNAL OP THE SENATE,

On the adoption of the resolution, the ayes were 41, nays 1, and the reso lution was adopted.

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 2. By Mr. Bolton of Spalding:
A resolution to notify the Senate that the House has convened and or ganized by the election of Honorable George T. Smith of Grady as Speaker and Honorable Glenn W. Ellard of Habersham as Clerk, and is now ready, for the transaction of business.

HR 3. By Mr. Bolton of Spalding:
A resolution by the House of Representatives, the Senate concurring, that a Committee of eleven, seven from the House to be named by the Speaker, and four from the Senate to be named by the President, be appointed to notify His Excellency, the Governor, that the General As sembly has convened in regular session and is now ready for the trans action of business.

Under the provision of HR 3, the Speaker appointed the following as a com mittee on the part of the House:
Messrs. Busbee of Dougherty, Melton of Spalding, Twitty of Mitchell, Underwood of Montgomery, Matthews of Clarke, Hill of Meriwether, and Newton of Colquitt.

HR 6. By Mr. Bolton of Spalding:
A resolution, by the House of Representatives, the Senate concurring, that a joint session of the House and Senate be held in the hall of the House of Representatives at 9:15 A. M., Tuesday, January 15, 1963, for the purpose of canvassing and publishing the election returns relative to State officials and declaring the results thereof, and to provide for the appointment of Tellers.

Under the provisions of HR 6, the Speaker appointed the following as Tellers on the part of the House:
Messrs. Sinclair of Macon, Conner of Jeff Davis, and Murphy of Haralson.

MONDAY, JANUARY 14, 1963

69

HR 7. By Mr. Bolton of Spalding:
A resolution, by the House of Representatives, the Senate concurring, that a committee of eleven, seven from the House to be named by the Speaker, and four from the Senate to be named by the President, be appointed to confer with the present Governor, the present Lieutenant Governor, the Governor-elect, and the Lieutenant Governor-elect, rela tive to the arrangements for the Inauguration of Honorable Carl E. Sanders as Governor and the Honorable Peter Zack Geer as Lieutenant Governor.

Under the provisions of HR 7, the speaker appointed the following as a com mittee on the part of the House:
Messrs. Acree of Towns, Clarke of Monroe, Ballard of Newton, Isenberg of Glynn, Horton of Putnam, Payton of Coweta, Fulford of Terrell.

HR 8. By Mr. Bolton of Spalding:
A resolution by the House of Representatives, the Senate concurring, that a joint session of the House and Senate be held for the purpose of inaugurating Honorable Carl E. Sanders as Governor and Honorable Peter Zack Geer as Lieutenant Governor, and that a committee of nine, six from the House to be named by the Speaker, and three from the Senate to be named by the President, be appointed to escort the incoming Governor and the Lieutenant Governor and the retiring Governor and the incoming Governor and Lieutenant Governor to the scene of the Inauguration.

Under the provisions of HR 8, the Speaker appointed the following as an escort committee on the part of the House:
Messrs. Bolton of Spalding, Busbee of Dougherty, Blalock of Coweta, Milhollin of Coffee, Jordan of Calhoun, Andrews of Stephens.

HR 9. By Mr. Bolton of Spalding:
A resolution by the House of Representatives, the Senate concurring, that a joint session of the House and Senate be held in the hall of the House of Representatives at 9:15 A. M., Tuesday, January 15, 1963, for the purpose of electing the Legislative Counsel.

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative 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

70

JOURNAL OP THE SENATE,

chairman, to report the same back to the Senate as correct and ready for trans mission to the House of Representatives:
SR 1. Respectfully submitted, Pelham of 10th District, Chairman.

The following resolutions were read and adopted:

HR 3. By Mr. Bolton of Spalding:
A resolution by the House of Representatives, the Senate concurring, that a committee of eleven, seven from the House to be named by the speaker, and four from the Senate to be named by the president, be appointed to notify His Excellency, the Governor, that the General As sembly has convened in regular session and is now ready for the trans action of business.

The president appointed as a committee on the part of the Senate the fol lowing :
Senators Downing of the 1st, Searcey of the 2nd, Oliver of the 4th and Gayner of the 5th.

HR 6. By Mr. Bolton of Spalding:
A resolution by the House of Representatives, the Senate concurring, that a joint session of the House and Senate be held in the hall of the House of Representatives at 9:15 a.m., Tuesday, January 15, 1963, for the purpose of canvassing and publishing the election returns relative to state officials and declaring the results thereof, and to provide for the appointment of tellers.

The president appointed as tellers on the part of the Senate the following: Senators Zorn of the 6th and McKinnon of the 7th.

HR 7. By Mr. Bolton of Spalding:
A resolution by the House of Representatives, the Senate concurring, that a committee of eleven, seven from the House to be named by the speaker, and four from the Senate to be named by the president, be ap pointed to confer with the present Governor, the present LieutenantGovernor, the Governor-elect, and the Lieutenant-Governor-elect, rela tive to the arrangements for the Inauguration of Honorable Carl E. Sanders as Governor and the Honorable Peter Zack Geer as LieutenantGovernor.

MONDAY, JANUARY 14, 1963

71

The president appointed as a committee on the part of the Senate the fol lowing :
Senators Rowan of the 8th, Spinks of the 9th, Pelham of the 10th and Webb of the llth.

HR 8. By Mr. Bolton of Spalding:
A resolution by the House of Representatives, the Senate concurring, that a joint session of the House and Senate be held for the purpose of inaugurating Honorable Carl E. Sanders as Governor and Honorable Peter Zack Geer as Lieutenant Governor, and that a committee of nine, six from the House to be named by the speaker, and three from the Senate to be named by the president, be appointed to escort the incoming Governor and Lieutenant Governor and the retiring Governor and Lieu tenant Governor to the scene of the inauguration.

The president appointed as a committee on the part of the Senate the fol lowing :
Senators Gillis of the 20th, Knox of the 24th, and Smalley of the 28th.

HR 9. By Mr. Bolton of Spalding:
A resolution by the House of Representatives, the Senate concurring, that a joint session of the House and Senate be held in the hall of the House of Representatives at 9:15 a.m., Tuesday, January 15, 1963, for the purpose of electing the Legislative Counsel.

Senator Pannell of the 54th moved that the Senate do now adjourn until 9:00 o'clock a.m., and the motion prevailed.

The president announced the Senate adjourned until 9:00 o'clock tomorrow morning.

72

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Tuesday, January 15, 1963.

The Senate met pursuant to adjournment at 9:00 o'clock this morning and was called to order by the president.

Scripture reading and prayer was offered by Dr. Sidney Austin Gates, pastor, First Presbyterian Church, Columbus, Georgia.

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

Senator Pelham of the 10th reported that the journal of yesterday's proceed ings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The following resolutions were read and adopted:

SR 4. By Senator Pannell of the 54th: A resolution relative to adjournment; and for other purposes.

SR 5. By Senator Pannell of the 54th:
A resolution relative to the per diem, expenses and allowances of mem bers of the Senate; and for other purposes.

The hour of convening the joint session of the Senate and House, under the provisions of HR 6 and HR 9, 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 canvassing and publishing the election returns and declaring the results thereof, for governor, lieutenant-gover nor and all State house officers, and the election of a Legislative Counsel, was called to order by the president of the Senate.

The resolutions convening the joint session were read by the secretary of the Senate.

TUESDAY, JANUARY 15, 1963

73

The following report was read by the secretary of the Senate:

TO THE GENERAL ASSEMBLY OP GEORGIA, IN JOINT SESSION:

We, the tellers, appointed to canvass the votes for Governor, Lieu tenant Governor, and other State House officers, as required by the Constitution, beg leave to submit the following report:

For Governor Carl E. Sanders------__----__--_._----.___------___...........311,524
For Lieutenant Governor Peter Zack Geer__.--.------_..__.__....__.__.______.___.......297,345
For Secretary of State Ben W. Fortson, Jr..........--....___.__...__...__...__.-..--.298,240
For Comptroller General James L. (Jimmy) Bentley...__.__.__..___........___.....300,200
For Attorney General Eugene Cook-...____._............._____....._______.__........296,168
For State Treasurer Jack B. Ray............_...____.___....----...__.__.___...___..294,652
For State Superintendent of Schools Claude Purcell.._.__..._._.__----.-__....._..____..................... 294,680
For Commissioner of Agriculture Phil Campbell---.---.------._----._..---.__----_...........296,524
For Commissioner of Labor Ben T. Huiet-----.--........__._..___--_--_...._..._..--294,975
For Public Service Commissioner (Unexpired Term of W. H. Kimbrough) W. H. Kimbrough..__._.._--------.___...._._.....__....._._.._----.287,677
For Public Service Commissioner W. H. Kimbrough.......------.__.__...___.___......_.._.285,141

*See attached sheets for miscellaneous write-in votes

We recommend the candidates named above, who have received a majority of the votes be and they are hereby declared elected to their respective offices.
Respectfully submitted:
ON THE PART OF THE SENATE: /s/ Talmadge McKinnon /a/ Wm. A. Zorn
ON THE PART OF THE HOUSE: /s/ J. Paul Sinclair /s/ Thomas B. Murphy /s/ Jimmy Conner

74

JOURNAL OF THE SENATE,

GOVERNOR

County
Appling
Brooks Burke Cherokee Crisp Decatur Jones Monroe Worth

Independent Party
Marvin Griffin Hunter Johnson J. A. Milteer Byron Lamar Murray Marvin Griffin Garland Byrd Marvin Griffin Nat Walker Marvin Griffin James H. Gray

Charlton

True Democratic Party Marvin Griffin

Candler Liberty Morgan Tattnall

Republican Party
Marvin Griffin W. R. Tucker James Dorsey J. A. Milteer

Brooks

Constitution Party J. A. Milteer

County Calhoun Chatham
Clarke

GOVERNOR
Write-in
Marvin Griffin P. B. Edwards J. A. Milteer James E. Gray Jack B. Patrick Ralph Nesmith Marvin Griffin Whitmire Martin Luther King John Wells Lester Maddox J. Walter Cowart Richard Hall Mills B. Lane Mrs. J. Milton Lent Marvin Pittman Grace Thomas Marvin Griffin

Number of Votes 1 1 1 1 1 1 7 1 1 6
Number of Votes 1 1 13
25 1 1 1 1 1 1 1 1 1 1 1 1 2

TUESDAY, JANUARY 15, 1963

County Clayton
Coffee Bade Dougherty
Effingham
Glascock Hall Lee Lincoln Pierce Terrell Worth

GOVERNOR
Write-in
James H. Gray Marvin Griffin Lester Maddox Marvin Griffin Marvin Griffin Barker Gable R. L. Ray M. L. Griffin J. H. Gray Spencer Buster Dillard J. A. Milteer James Gray Marvin Griffin Lester Maddox Thad Gibson James Gray Marvin S. Griffin Hoke O'Kelley Marvin Griffin James Gray Marvin Griffin Marvin Griffin

County Chatham
Clarke
Clayton Coffee Dougherty Douglas Effingham Floyd Lumpkin Pierce Wilcox

LIEUTENANT GOVERNOR
Write-in
Marvin Griffin Garland Byrd J. C. Metts Martin Luther King Carl Seiler Lester Maddox Garland Byrd Peyton Hawes Wilson Maddox Garland Byrd Lester Maddox Edd Wilson Lester Maddox G. F. Byrd Garland T. Byrd Willie Watson Garland Byrd Lester Mattox James V. Carmichael Garland Byrd Roger Lawson

75
Number of Votes
1 4 1 1 1 1 1 1 17 13 1 1 3 2 4 1 1 2 2 1 2 2 3 2
Number of Votes
2 12 1 1
1 4 20 7 6 2 2 2 1 1 4
1 1 1 1 1 1

76

JOURNAL OF THE SENATE,

County
Cherokee Crisp Grady Marion Morgan

LIEUTENANT GOVERNOR
Independent Party
Garland Byrd Edd Wilson Garland Byrd Winston Burdine Garland Byrd

Number of Votes
1 1 2 1 1

County Chatham
Clayton

CONSTITUTIONAL OFFICERS
Write-in
Comptroller General: Bruce Edwards
Secretary of State: Frank Downs Paul Jones Garland Byrd Mrs. Milton Lent
Commissioner of Agriculture: Hoot Gibson
Comptroller General: Bruce B. Edwards

Number of Votes 2

By unanimous consent, the report of the tellers was adopted.

Under the provisions of HR 9, the following resolution was read and unani mously adopted:

HR 12-JR 1. By Messrs. Pannell of the 54th and Bolton of Spalding:
A RESOLUTION
Relative to the election of the Legislative Counsel; and for other purposes.
WHEREAS, the Law creating the Office of Legislative Counsel provides that the Legislative Counsel shall be elected by the Legislative Services Committee subject to the approval of both branches of the General Assembly in joint session; and
WHEREAS, the Committee has met and elected Honorable Frank H. Edwards as Legislative Counsel and recommends to the General As sembly the approval thereof;

TUESDAY, JANUARY 15, 1963

77

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, IN JOINT SESSION ASSEMBLED, that the election of Honorable Frank H. Edwards by the Legislative Services Committee as Legislative Counsel, is hereby approved and he is hereby declared to be Legislative Counsel as provided by Law.

BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the Governor and to the Secretary of State.

Read and Adopted January 15, 1963 Glenn W. Ellard, CLERK OF THE HOUSE George D. Stewart, SECRETARY OF SENATE

The president declared that Honorable Frank H. Edwards is duly elected Legislative Counsel.

The hour of convening the joint session, under the provisions of HR 8, having arrived, the president, accompanied by the secretary and the senators, proceeded to the Washington Street entrance of the Capitol, where the joint session, called for the purpose of inaugurating Governor-Elect Carl Sanders and LieutenantGovernor-Elect Peter Zack Geer, was called to order by Honorable George Smith, Speaker of the House of Representatives.

The resolution authorizing the joint session of the Senate and the House was read by the Secretary of the Senate.

The inaugural program was as follows:

INAUGURAL PROGRAM CARL E. SANDERS Governor PETER ZACK GEER Lieutenant Governor
Inauguration of the Governor of Georgia
January 15, 1963

78

JOURNAL OF THE SENATE,

CARL E. SANDERS
Governor
Carl Edward Sanders was born May IB, 1925, in Augusta, Georgia. He mar ried Betty Bird Foy of Statesboro, Georgia in 1947, after a college courtship on the University of Georgia campus. The Governor and his wife have two children, ten-year-old Betty Foy and nine-year-old Carl, Jr.

Educated in the public schools of Richmond County, Georgia, Governor San ders later attended the University of Georgia, receiving a Bachelor of Law degree from the University Law School in December, 1947.
At the age of 17, he enlisted in the Nation's aviation cadet program, becom ing First Pilot of a B-17 heavy bomber at the age of 19 and achieving the rank of first lieutenant before the end of World War II.

Beginning an active career in public service with election to the Georgia House of Representatives from Richmond County in 1954, he was chosen in 1956 to represent the Counties of Richmond, Jefferson and Glascock in the State Senate. He was sent again to the Senate in 1958 when Jefferson County yielded its turn to Richmond, and still again in 1960 when Glascock yielded in order to offer him an unprecedented third consecutive term.
In the General Assembly he was chosen Senate Floor Leader in 1959 and elected President Pro-Tempore of the Senate in 1960. Nominated over four other candidates for Governor of Georgia in the State Democratic Primary of September 12, 1962, by a 162,000-vote victory margin, he received 494,978 of 852,000 votes. His election resulted from the first statewide primary of modern time in which a Governor was chosen by popular vote. Under the old county unit system, however, his mandate would have been similarly onesided.
Admitted to the Georgia Bar Association upon passing the bar examination several months before receiving his law degree, he soon became a partner in the Augusta firm of Hammond, Kennedy and Sanders. Ultimately, he became a senior partner of the firm of Sanders, Thurmond, Hester and Jolles, and is widely known as both a trial lawyer and a corporate attorney.

Long active in the Young Men's Christian Association, he has held high office in the organization. He has also served in official capacities with the GeorgiaCarolina Boy Scout Council, the Augusta Chapter of the American Red Cross, and as a member of the Augusta, Georgia, and American Bar Associations, the Phi Delta Phi legal fraternity, the Chi Phi fraternity, and the American Legion, and as a Moose, Mason and Elk. Governor Sanders is also a deacon of the Hill Baptist Church of Augusta, and has served as a teacher of the Young Men's Bible Class at his home church for more than 14 years.
In 1955 his home city honored him as Young Man of the Year, and in 1959 the Georgia Junior Chamber of Commerce selected him as one of five of the State's most outstanding young men.

A strong proponent of physical fitness, Governor Sanders was an outstanding athlete during his high school and college years. As a member of the Academy of Richmond County football squad, he earned All-State honors, and played varsity football at the University of Georgia.

TUESDAY, JANUARY 15, 1963

79

PETER ZACK GEER
Lieutenant Governor
Peter Zack Geer, Jr. was born August 24, 1927, at Colquitt, Miller County, Georgia.
He descends from a family long prominent among Georgia's public servants. His father was a Superior Court Judge, his grandfather was a member of the General Assembly of Georgia, and an uncle presently serves on the Superior Court Bench. The Lieutenant Governor and his wife, the former Mary Jean Robinson, have a thirteen-year-old daughter, Carol.
Lieutenant Governor Geer was educated in Georgia. He attended public schools at Colquitt, the Georgia Military College at Milledgeville, Middle Georgia College at Cochran, and Oglethorpe and Mercer Universities. He graduated from Mercer University with a Bachelor of Arts degree, and is Cum Laude graduate of Mercer's Walter F. George School of Law.
Beginning his public career as Miller County's County Attorney, he served in the Georgia House of Representatives in 1953-54, and later served as Chairman of the Civil War Centennial Commission. In 1959 he was named Executive Secre tary to Governor S. Ernest Vandiver and served in that capacity until Decem ber, 1961.
Mr. Geer has also been active in charitable, religious and educational endeav ors as a Methodist, and also as a member of the Loyal Order of Moose and the Fraternal Order of Elk. He is the immediate past Chairman of the Alumni Asso ciation of the Walter F. George School of Law.
The Lieutenant Governor led a field of nine contenders for his position in the 1962 State Democratic Primary. He was nominated for the office in the September run-off primary by a substantial majority and elected in the November general election.

80

JOURNAL OF THE SENATE,

INAUGURAL PROGRAM

January 15, 1963 -- Washington Street Entrance -- State Capitol

Inaugural Parade

10:00 A.M. Parade Route -- Washington Street

11:30 A.M. Band Selections...._.--------The Dixie Redcoat Band of the University of Georgia
Joint Session----__------_--------Called to order by Honorable George T. Smith, Speaker, House of Representatives
Invocation ...Reverend T. E. Boehm, Hill Street Baptist Church, Augusta, Georgia

Recognition--_-_.--------.--------~of State House Officers and Distinguished Guests

Presentation------------._--of Honorable S. Ernest Vandiver, Outgoing Governor

Delivery of Great Seal of Georgia to Governor------.... Honorable Ben W. Fortson, Secretary of State
12:00 Noon
Administration of Oath of Office to Governor Elect Honorable Joseph D. Quillian, Associate Justice, Supreme Court
Delivery of the Great Seal of Georgia to the Secretary of State Governor Carl E. Sanders
Inaugural Address--.______________________Governor Carl E. Sanders
Administration of Oath of Office to Lieutenant Governor Honorable Carlton Mobley, Associate Justice, Supreme Court
Address--------------__--_....----...---- Lieutenant Governor Peter Zack Geer
Benediction.--Reverend J. Robert Smith, First Baptist Church, Statesboro, Georgia
Dissolution of Joint Session.----_------------Lieutenant Governor Peter Zack Geer 4:00 P.M. to 6:00 P.M.
Reception.__....._.._...__--.All Friends Invited......_..._.....Executive Mansion 9:00 P.M. to 12:00 P.M.
Inaugural Ball--._------------.All Friends Invited----------Dinkier Plaza Hotel The Old Guard -- Honorary Escort

TUESDAY, JANUARY 15, 1963

81

CONSTITUTIONAL OFFICERS Governor.--.._._.._._.._._....._...----. ._..._------____--_..._..._.Carl E. Sanders Lieutenant Governor...._..___...._._..._.._-._-..._.__._....__......._..._.....Peter Zack Geer Speaker of House of Representatives--------------_._--.._........George T. Smith Secretary of State.-.---..._..._....._...._..._......--------.._......_.._....Ben W. Fortson Comptroller General--------------------------------_----.James L. Bentley Attorney General...._--------1----...----__....--._....._.___...__.....Eugene Cook State Treasurer------------------------------__--------------------------Jack Ray Superintendent of Schools...._.------_..--_----.--__------__----._----..Claude L. Purcell Commissioner of Agriculture....._.___..--------.--.__.........--____......___ .........Phil Campbell Commissioner of Labor--------------_--------_--------------_........Ben T. Huiet

Public Service Commissioners

Crawford L. Pilcher Chairman

Alien Chappell William Kimbrough

Walter R. McDonald Ben T. Wiggins

82

JOURNAL OF THE SENATE,

SUPREME COURT Chief Justice----._..___--------------------------.-- --_-- --___...___.W. H. Duckworth Presiding Justice--,---._------------------------------ _. __ __.T. Grady Head Associate Justice,,,,,,,--------------------___..._____------______------_.....T. S. Candler Associate Justice,..-------__----.__----------------_--------------------Bond Almand Associate Justice.-------_----------------..--..---------------------- ...Carlton Mobley Associate Justice------------------------_....__--_..._____--------Joseph D. Quillian Associate Justice------_--_--___...__._--------------------Benning M. Grice

COURT OF APPEALS Chief Judge--------_----------__----_,,._----------.__---------------- Jule W. Felton Presiding Judge---------.---------------___--___------__------------------Ira Carlisle Presiding Judge--------_-------------.----------_______________ ... H. E. Nichols Judge------------------_-_,,,,_________--_--__-_-_------John Sammons Bell Judge--------------------------__,,_________------------------John E. Frankum Judge------------_------.._------_..._..._--------------...----___---....Robert H. Jordan Judge-.-...------------._.------ ___.------------__--------,,-----Robert H. Hall Judge--------_--_______-__________----______________-Homer C. Eberhardt Judge--------_.._--------_------_._----.__.--__--_--____Robert L. Russell, Jr.

TUESDAY, JANUARY 15, 1963

83

GEORGIA STATE SENATE Peter Zack Geer, Lieutenant Governor

Prank 0. Downing

Roy Noble

LeRoy R. Johnson

William A. Searcey

Hugh M. Gillis

Oby T. Brewer, Sr.

Harris Slotin

Milton A. Carlton

J. M. Salome

Clinton Oliver

J. B. Fuqua

Dan I. Maclntyre, III

John M. Gayner, III

Milford A. Scott

H. McKinley Conway, Jr.

William A. Zorn

W. A. Knox

Ben F. Johnson

Talmadge McKinnon

Culver Kidd

W. Hugh McWhorter

Robert A. Rowan

William J. Hunt

S. Tom Ellis

Ford B. Spinks

J. Taylor Phillips

Brooks Pennington, Jr.

Glenn Pelham

Robert H. Smalley, Jr. Paul C. Broun

Julian Webb

R. Shaefer Heard

Robert E. Lee, Jr.

A. W. Holloway Martin Young Jimmy Carter A. Perry Gordy Harry C. Jackson Garland T. Byrd Stanley F. Smith, Jr.

Lamar R. Plunkett

Harold Harrison

Albert F. Moore

Erwin Owens

Edward S. Kendrick

Zell Miller

Kyle Yancey

Jack Fincher

Charlie Brown

J. Battle Hall

Frank E. Coggin

Joseph E. Loggins

James P. Wesberry, Jr. Charles A. Pannell

84

JOURNAL OP THE SENATE,

GEORGIA HOUSE OF REPRESENTATIVES

George T. Smith, Speaker

Curtis C. Herndon
Waldo Henderson
H. Dorsey Deen
J. R. Rhodes, Jr.
J. Floyd Harrington Philip M. Chandler
J. Grover Simons
James W. Paris
J. R. Cullens
William B. Greene
A. B. C. Dorminy, Jr. W. D. Knight Denmark Groover, Jr. Mitchel P. House, Jr. William E. Laite, Jr. J. R. Mullis Hoke S. Wilson Henry L. Reaves Jack W. Shuman W. Jones Lane Paul E. Nessmith, Sr. Memory King Tucker Bailey Woodward W. Harvey Jordan J. Nolan Wells Hines L. Brantley J. Ebb Duncan Hayne Waldrop Joe T. Clark Joe B. Tucker H. Ben Rodgers Arthur J. Funk Willis J. Richardson, Jr. Bart E. Shea

Joe N. King
James H. Floyd
Grady Newton Coker
Marion T. Pope, Jr. W. Randall Bedgood, Jr.
Chappelle Matthews
Henry G. McKemie
Edgar Blalock William J. Lee
Grover B. Lee
E. W. Teague
Joe Mack Wilson Robert E. Flournoy, Jr. George J. Williams Henry R. Milhollin Dorsey R. Matthews David L. Newton G. S. Phillips Wilson B. Wilkes Henry N. Payton D. B. Blalock John C. Scarborough, Jr. Howard Rainey Maddox J. Hale Ralph W. Bowen J. Willis Conger R. A. Griffin James A. Mackay Guy W. Rutland, Jr. J. Robin Harris W. S. Stuckey Thomas I. Sangster George D. Busbee Colquitt H. Odom

William S. Lee
Alpha A. Fowler, Jr.
Leon Hodges Baughman
Louis T. Raulerson B. Frank Arnsdorff
Dr. A. S. Johnson, Sr.
Geo. L. Smith, II
G. Ed Perry
A. C. Duncan
A. Hewlette Harrell Sidney Lowrey
J. E. Jordan A. C. Smith C. Patrick Milford Wilson Brooks Jack Etheridge Ralph McClelland B. C. Logan, Sr. W. G. Todd William R. Killian Joe Isenberg Troy Causby Alien P. Roper Handsel Morgan Earl P. Story Richard Russell Smith W. M. Williams Howard T. Overby Marvin E. Moate Thomas B. Murphy William Burton Steis M. Parks Brown Truitt Davis Edward E. McGarity

TUESDAY, JANUARY 15, 1963

85

GEORGIA HOUSE OF REPRESENTATIVES--Continued

David C. Peterson Paul Stalnaker Harry Mixon Mac Barber Roy R. Kelly James L. Conner J. Roy McCracken A. Sid Newton Emory L. Rowland Corbin Carlton Roberts Haygood Keadle Robert C. Pafford D. W. Knight, Jr. William Malcolm Towson H. Goodwin Hall Charles M. Jones Henry F. Partridge J. Tyron Shaw W. J. Gibbons Fred H. Walker Fred C. Jones, Jr. J. Paul Sinclair Edwin C. Poss Eldridge W. Perry Leonard N. Lokey Daniel H. White Render Hill Buck Tabb Frank S. Twitty Harold G. Clarke Joe C. Underwood E. Roy Lambert Gerald H. Leonard Harry Dicus

T. Milton Jones Mac Pickard W. D. Ballard Jack H. Morgan Hubert H. Wells George B. Brooks George Talmadge Bagby D. Warner Wells Will Poole Francis Houston Caleb Powers Watson Nathan D. Dean John Harvey Moore John H. Anderson, Jr. N. Dudley Horton, Jr. Joe J. Hurst Knox Bynum A'Delbert Bowen William M. Fleming, Jr. James M. Hull, Jr. John C. Bell Clarence R. Vaughn, Jr. Marvin E. DeVane H. Walstein Parker J. 0. Brackin Arthur K. Bolton Quimby Melton, Jr. J. A. Andrews Sam S. Singer William E. Blair J. W. Sewell Jesse C. Watts Wales T. Flynt H. E. Kirkland

Ralph R. Underwood E. B. Smith, Jr. Ed Fulford James W. Keyton Henry P. Russell, Jr. Henry Banks Alien Warren Frank Branch Ross P. Bowen Dr. John W. Acree J. Wyman Fowler Harry R. Spikes J. Crawford Ware Roy N. Coker Homer L. Chance William T. Meeks Johnnie L. Caldwell Talmage B. Echols Billy Shaw Abney Wayne Snow, Jr. J. T. Byrd W. K. Ponsell Harry D. Dixon Bobby W. Johnson Tom C. Carr James E. Warren J. Lucius Black Mackie Simpson Thomas J. McDonald, Jr. Thomas M. Mitchell Virgil T. Smith Cecil D. Crummey William R. Lindsey E. Brooks Lewis David Campbell Jones

86

JOURNAL OF THE SENATE,

INAUGURAL COMMITTEE

George J. Hearn--_--------------.Adjutant General and Director of Civil Defense Robert R. Richardson-----....--.---_----_____---__---.--......---....____.--__ Chief of Staff D. Douglas Barnard.------_--___._--_--------------------Executive Secretary Larry D. Lloyd--------------_..._____--------------___......._.__....___Aide to Governor George T. Smith....-.--_--_----_----------,,--.Speaker of House of Representatives Ben W. Fortson----__--_______________________________--.___..........._--____--Secretary of State J. B. Fuqua..------__------_--____--___--.--Chairman, Democratic Party of Georgia James L. Gillis, Sr..----..--.----......._--..----------Chairman, State Highway Board Harry C. Jackson______________________..-- ----___--------------------_________.Senator D. B. Blalock ------------___________.__----__------__------,,_______._________________Representative Glenn W. Ellard-----_--__--____------_------------__.Clerk, House of Representatives Col. Harold B. Parker-------------Commandant, Old Guard of the Gate City Guard

James Dunlap Walter Dyal Sam J. Gardner, Jr. Judge J. Bowie Gray

Paul Stone

Quimby Melton Robert C. Norman Charles A. Pannell Lonnie Pope

LADIES COMMITTEE

Reception and Inaugural Ball

Mrs. Jack Adair Mrs. Henry Perkins Mrs. George Gardner

Mrs. Robert Watt Mrs. William S. Morris Mrs. H. P. Whitehead

TUESDAY, JANUARY 15, 1963

87

The following address was delivered by Lieutenant-Governor Garland T. Byrd in presenting retiring Governor Ernest Vandiver at the inaugural ceremonies for incoming Governor Carl E. Sanders:
SPEAKER SMITH, STATE OFFICIALS AND OFFICIALS-TO BE, DISTINGUISHED PLATFORM GUESTS, MEMBERS OF THE GEN ERAL ASSEMBLY AND MY FELLOW GEORGIANS:
The honor which has been given to me today is one that I know many Georgians would cherish, the honor of introducing, for the last time as Governor, the man who has served this State so effectively and coura geously during the past four years.
I treasure this honor because of the many trying hours we shared, and the many problems we met during these years of crises.
No administration in the modern history of Georgia has faced such a wide range of domestic difficulties. Nor has any solved them so effec tively, or met them so forthrightly.
His administration has given us ...
Open schools.
A stable budget.
Economy and reorganization.
Four years without new taxes.
Ports expansion.
Raises for our common school and college teachers.
Building programs.
Expanded state services.
Mental health reforms.
New industries.
Better highways.
Armories . . . and
Restoration of legislative spending powers. My fellow Georgians. I know you share with me a deep respect for the ability, the integrity and the courageous leadership of Georgia's retiring Chief Executive.

88

JOURNAL OF THE SENATE,

His administration has been a model of honesty, integrity and high character . . . worthy of the highest accolades we can give it.

He is accompanied here this morning by his three children and his beautiful and charming wife, who has worked tirelessly on projects such as the Chapel of All Faiths at Milledgeville and reflected credit upon the First Family. Therefore, I ask you to join with me now in according them the recognition they so richly deserve.

Governor Sanders delivered the following address immediately after taking the oath of office from Georgia Associate Supreme Court Justice Joseph D. Quillian :

GOVERNOR VANDIVER, LIEUTENANT GOVERNOR GEER, SPEAKER SMITH, MEMBERS OF THE GENERAL ASSEMBLY, STATE OFFICIALS, HONORED GUESTS AND MY FELLOW GEORGIANS:
My friends, on this solemn occasion I am filled with emotion and gratitude, emotion and gratitude which I find difficult to express.
My innermost thoughts and feelings are:
A simple handclasp with every Georgian;
A thank you;
A full heart;
Fond memories;
Our historic traditions;
Our State motto: "Wisdom, Justice and Moderation";
Those men who have preceded me in discharging this responsibility;
Humility, as I approach the task;
A deep sense of duty.
These are my thoughts. These things I feel.

It is with pride that my Administration succeeds that of a Governor in whose administration I have taken an active part and whose record is exemplary.
This is a new Georgia.
This is a new day.

TUESDAY, JANUARY 15, 1963

89

This is a new era.

A Georgia on the threshold of new greatness.

We are faced with both the greatest challenge and the brightest promise of our history.

As your 74th Governor, it shall be my dedicated purpose to seek workable methods both to meet the challenge and to achieve the promise.

And in so doing, we shall apply as the test of our progress not whether we add to those who have much, but whether we provide larger opportunities for those who have little.

And this we will accomplish during the next four years through: Better roads and highways than ever before;

More schools and colleges;

A higher quality of education;

More hospitals and better mental health facilities;

New jobs and payrolls;

Higher incomes for our people;

More new and expanded industries;

A better farm and agricultural program;

A strong program for our youth;

Improved welfare administration;

More parks and recreational facilities;

Better port facilities and airports;

New and greater opportunities for all.

The improvement of education will be the first and foremost objec tive of this Administration.

If there is to be a star of the show in the four years of my term of office, it will be the Georgia child.

Georgia has many rich resources, but none of them can begin to match in importance our Georgia children.

90

JOURNAL OF THE SENATE,

The future is in their hands.

Nothing is more important than that we give them the best educa tion which time, knowledge and money can buy.

Our past gains have come only through sacrifice and study. And the gains of the future will be no different.

But we must begin work immediately . . . and we must work without ceasing ... to achieve quality education geared to future needs.

I ask all of you who share my conviction that education and the future are inseparably related to join me in this effort to insure our State's rightful role in the latter part of this century by inspiring their children to use their minds and develop their capabilities to the highest possible degree.

As we do this, we will become increasingly aware that our State is just now in the spring of her growth.

We must not fail to make the most of the golden opportunity which is ours to build a greater Georgia for present and future generations.

We are now well into the Space Age.

New economic vistas are opened as each barrier of time falls. The lives of everyone . . . the worker, the farmer, the businessman, the housewife . . . are all affected.
The application of space technology to peaceful uses will provide mankind with perhaps his greatest economic boon since the industrial revolution of the last century. And the recent good news of Georgia's entry into this field marks only the beginning of what our State can expect if we begin now to gear our State's economy to the solid founda tion of a balance between new and expanded industry and a diversified, progressive agriculture.
Tourism, a sleeping giant, will be awakened to make its full contri bution to Georgia's economy. We will promote our beaches and our mountains, our fertile red hills and pine-covered lowlands, our winding rivers and beautiful lakes and our historical sites and modern cities.
And we will make Georgia a vacation paradise for Georgians as well as our welcomed visitors.
Georgia has wonderful natural resources which must be conserved and protected.
Our State's scenic countryside--unparalleled in all the Southland-- will be preserved and protected from wanton and wasteful practices.
To our senior citizens--to whom we owe so much and who expect so little--I pledge my cooperation, my support, my interest, my best and

TUESDAY, JANUARY 15, 1963

91

most constructive thoughts to help in making the evening years happy and rewarding ones.

To our cities and counties, I pledge my full cooperation in the strengthening of local government and local determination of purely local affairs.

To all of our people, I pledge responsible State government and determination to handle our affairs without outside interference or in tervention.

As we look to the future, we must be ever mindful of the enduring lessons of the past.

The dark days of government for the benefit of the few--at the expense of the many--when evil men triumphed because good men did nothing, are no more in Georgia.

They never again will be allowed to return so long as I am your Governor.

On that you have my solemn oath!

There can be no co-existence of good and bad government.

I pledge to you that there shall be none during the Sanders Admin istration !

Honest government demands sacrifice--sacrifice of self-interest and personal advantage.

The Sanders Administration will endeavor in every area of its op erations to provide the dedicated leadership which will create such a climate.

And, in so doing, it is my hope to inspire a new and compelling in terest in our State government by our younger citizens. Their energy and their idealism are necessary to Georgia's achievement of her highest destiny.

It is a source of great satisfaction to me that the Administration which is being inaugurated today is the product of history's greatest participation by Georgia citizens in the electoral process. I shall con stantly remind myself--and those who serve with me--of that fact, and it shall serve as a continuing inspiration to all of us.
To realize our hopes and achieve our goals, we must have unity among all Georgians.
By unity, I mean teamwork and cooperation.
Teamwork among officials at all levels of government.

92

JOURNAL OP THE SENATE,

Cooperation among citizens of every geographic area and economic segment of our State.

In short: An unqualified belief in one Georgia by all Georgians.

Last year, I told the people of Georgia that I tipped my hat to the past, but took off my coat to the future.

I am not one of those who supports change just for the sake of change. Change in government can be dangerous, but to refuse to change when the world around you is changing is even more dangerous. And I believe, and believe strongly, that change to achieve efficiency, economy and better government is both wise and justified.

We revere the past.

We adhere to the values of respectability and responsibility which constitute our tradition.

We believe in law and order and in the principle that all laws apply equally to all citizens.

Tomorrow, I shall go before the General Assembly to state in clear and concise terms the legislative program of our Administration. At the same time, I shall set forth a proposed budget and submit an appropria tions bill.

During the next four years, the State of Georgia will collect and disburse nearly two billion of your tax dollars.

You may be certain that every dollar will be accounted for and spent wisely for the people's benefit and that those who handle such funds will be dedicated to the principle that a public office is a public trust.

The change in the moral climate of Georgia's government in recent years has been both amazing and gratifying.

Every employee and official whom I appoint to serve you, the peo ple, will do so first and always as a servant of the public interest.

Those men and women whom I have chosen to work with me in carrying out your mandate have been selected on the basis of their vital dedication to the principles of a sound, businesslike administration.
With them, and with all Georgians, I am reminded of a prophetic stanza:
"There is a destiny that makes us brothers;
"None goes his way alone.

TUESDAY, JANUARY 15, 1963

93

"All that we send into the lives of others,

"Comes back into our own."

Our mandate is good government by competent people.

The recent gains made in State budgeting are impressive and augur well for the future. Much ground still remains to be covered, especially in the field of better personnel recruitment, better personnel utilization and better personnel management.

I wish to assure those efficient public servants who have made their careers in the government of our State that they have nothing to fear from my Administration.

The Sanders Administration will be a working administration.

Everyone on the State payroll will be required to do a full day's work.

My Administration does not now, nor will it ever, subscribe to a vengeful pattern of patronage. Our policy will be to assist and help only those who can best help our State.

My friends, I appeal to all Georgians to close ranks for the good of all Georgia.

I hold malice toward none and I hope no one holds malice toward me.

I earnestly seek the support, advice and prayers of all Georgians.

You have given me the greatest blessing of faith the people of Georgia can bestow . . . that of being chosen to serve you in our State's highest office of government.

It is a responsibility which I accept with humility and a deep sense of duty.

It is my heartfelt hope that the time capsules of the future will thus record my efforts:
He offered to the people his finest; his worst he kept, his best he gave.
My friends, our future is brighter than ever before.
Together, we shall walk into the bright gardens of tomorrow.
Together, we shall ford all rivers of trial and doubt which may cross our path.
Together, we shall serve others, and in so doing, serve ourselves.

94

JOURNAL OP THE SENATE,

Together, we shall build a Georgia on which we, our children, and our children's children, can look with pride and in the certain knowledge that God smiled upon our humble efforts.
These are my words.
This is my pledge.

Lieutenant-Governor Peter Zack Geer delivered the following address:
GOVERNOR AND MRS. SANDERS, GOVERNOR AND MRS. VANDIVER, SPEAKER SMITH, MEMBERS OF THE GENERAL AS SEMBLY OF GEORGIA, JUDGE QUILLIAN, JUDGE MOBLEY, DISTINGUISHED PLATFORM GUESTS, DISTINGUISHED CON STITUTIONAL OFFICERS, MY FRIENDS AND FELLOW GEOR GIANS:
As I take the oath of office as your Lieutenant Governor, on this auspicious occasion, I do so with great solemnity, with complete humil ity, and with the full knowledge of the high responsibility of the office which has been given to me by the people of Georgia.
During most of the past four years, it has been my privilege to have been part and parcel of an honorable and forward-looking administra tion under the leadership of Governor S. Ernest Vandiver, the cardinal objective of which has been to serve the best interest of the people of Georgia. For my part in that administration, I am proud.
The words, tenor and meaning of the Inaugural Address, here de livered by Governor Sanders, is a great source of gratification to me and I am sure to the members of the General Assembly and to the peo ple of Georgia. I share the views and adhere to the policies today ex pressed by his Excellency, the Governor, and it shall be my purpose to work in cooperation and partnership with the Chief Executive during the next four years, to afford the people of Georgia a richer, more meaningful and grander destiny.
"All Government of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officers are the trustees and servants of the people, and at all times, amenable to them" . . .
These are the words, contained in the Bill of Rights, of the Consti tution of Georgia, that were so wisely and eloquently laid down by those mental giants of the past, so that the people then, and generations to come, could live in peace and prosperity and enjoy the pursuit of happi ness. The theory contained in this section of our Georgia Constitution, is the only principle upon which the rights of free men can be preserved and freedom long endure, giving all citizens the opportunity to make progress under God.
As your Lieutenant Governor, I shall always recognize that all Government of right originates with the people and is founded upon their will only.

TUESDAY, JANUARY 15, 1963

95

As the State's second highest Officer, 1 shall ever be conscious, too, that all Government is instituted solely for the good of the whole.

As a public officer, 1 shall conduct myself as a trustee and servant of the people, and will always be amenable to them.

It is upon these and other fundamental principles that I assume the oath of office as Lieutenant Governor of the State of Georgia, and embark for the next four years upon a program of progress, prosperity and happiness for our citizens, undergirded with public morality and responsibility.

As the President of the Senate, let me, my fellow Georgians, once again pledge to you that I shall preside with fairness and impartiality and conduct the business of the Senate in a manner that will reflect dignity and credit upon that august body.

During the next four years, the Legislative processes of the Georgia Senate will be carried on with order and with the underlying objective of doing what is best for Georgia and Georgia people.

Let us remember the enlightening lessons of the past, and cast our thoughts, our energies and our objectives towards the future and once again place the mighty State of Georgia at the pinnacle of the sister hood of States.

We must meet the challenge of the Sixties ... in doing so, these things are all inevitably high on the list:

Industrialization--New jobs and payrolls.

A better education for Georgia youth at the common school, the Junior College and the University level.

Development of the tourist industry, and performing such acts as are necessary to achieve this end.
An increased agricultural and forestry research and development program.
An improved program in physical and mental health.
A better program of welfare, old age assistance, aid to dependent children, the handicapped and the blind.
State youth programs--to build character and body.

An expanded and reformed highway program.
State aid to Georgia Municipalities.
Preservation of States' .Rights and Constitutional Government, which inherently pre-supposes the meeting of State responsibilities.

96

JOURNAL OF THE SENATE,

Financial responsibility in State Government, predicated upon care fully planned, well-thought-out, long-range spending policies.

Honorable conduct in State Government--public morality--just plain, old-fashioned honesty and decency.

These, my fellow Georgians, are some of the fundamental proposi tions and considerations that must be dealt with forthrightly, in order for Georgia to move forward at a rapid and desired pace, and upon which to build a great and glorious future.

As your Lieutenant Governor, my talents, my energies, my thoughts, together with the authority and facilities of the office with which I have been gifted, shall be trained in those directions.

Working together, the Governor, the Lieutenant Governor, the Gen eral Assembly, all State officials, and the people of Georgia can form a mighty phalanx that will march us on to lofty and majestic accom plishments.

Our potential is unlimited--our future is bright. Let us be on with the business at hand, clinging steadfastly to the epitaph inscribed on the great seal of Georgia--Wisdom, Justice and Moderation--and look ing confidently into the rising sun of tomorrow, we shall have the divine blessings of Almighty God.

Senator Pannell of the 54th moved that the joint session be now dissolved, and the motion prevailed.

The president of the Senate announced the joint session dissolved.

Pursuant to the provisions of SR 4, the Senate stood adjourned until 11:00 o'clock a.m. tomorrow morning.

WEDNESDAY, JANUARY 16, 1963

97

Senate Chamber, Atlanta, Georgia, Wednesday, January 16, 1963.

The Senate met pursuant to adjournment at 11:00 o'clock this morning and was called to order by the president, Honorable Peter Zack Geer.

Scripture reading and prayer was offered by Dr. Stanley E. Smith, Chaplain, Brookly Veterans Hospital.
By unanimous consent, the call of the roll was dispensed with.
Senator Pelham of the 10th reported that the journal of yesterday's proceed ings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
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:
HR 13. By Messrs Smith of Grady and Bolton of Spalding: A resolution providing for the joint session of the House and Senate to be held in the hall of the House of Representatives at 11:45 o'clock January 16, 1963, for the purpose of hearing a message from His Ex cellency, Governor Carl E. Sanders, and providing an escort committee and for other purposes.
The Speaker appointed the following committee on the part of the House: Messrs. Roper of Greene, Storey of Gwinnett, Mixon of Irwin, Richard son of Chatham, Mackay of DeKalb, Byrd of Walton and Hull of Rich mond.
Senator-elect Byrd of the 17th, being the presiding officer on yesterday, did not take the oath of office. President Geer directed that the Honorable Harold E. Ward, judge Dublin Judicial Circuit, administer the oath of office to the honorable Garland T. Byrd of the 17th District.
Senator-elect Garland T. Byrd of the 17th presented himself at the rostrum where he received the oath of office, administered by Honorable Harold E. Ward, judge Dublin Judicial Circuit.

98

JOURNAL OF THE SENATE,

The following resolution was read and adopted:

HR 13. By Messrs. Smith of Grady and Bolton of Spalding:
A resolution providing for the joint session of the House and Senate to be held in the hall of the House of Representatives at 11:45 o'clock January 16, 1963, for the purpose of hearing a message from His Ex cellency, Governor Carl E. Sanders, and providing an escort committee; and for other purposes.

The president appointed as a committee on the part of the Senate:
Senators Puqua of the 22nd, Knox of the 24th, Byrd of the 17th, Gaynor of the 5th and Brown of the 34th.

The following communication was read by the secretary:

STATE OF GEORGIA Executive Department
Atlanta
January 15, 1963
Lieutenant Governor Peter Zack Geer President of the Senate State Capitol Atlanta, Georgia
Dear Lieutenant Governor Geer:
Pursuant to Rule 198 of the Rules of the Senate, as amended, this is to certify that Honorable Charles Pannell, Senator from the 54th Dis trict of Georgia, has been duly appointed by me as Administration Floor Leader of the Senate.
With kindest regards, I am
Sincerely,
/s/ Carl E. Sanders Governor
CES:lag cc: Honorable George D. Stewart
Honorable Frank Edwards

The hour for convening the joint session of the Senate and House having arrived, the president, accompanied by the secretary and the senators, proceeded

WEDNESDAY, JANUARY 16, 1963

99

to the hall of the House of Representatives, and the joint session, called for the purpose of hearing a budget message by His Excellency, the Governor, was called to order by the president of the Senate.

The resolution authorizing the joint session of the Senate and House was read by the secretary of the Senate.

Honorable Peter Zack Geer. the lieutenant-governor, presented His Excel lency, the Governor, to the General Assembly.

His Excellency, the Governor, addressed the General Assembly as follows:
LIEUTENANT GOVERNOR GEER, SPEAKER SMITH, MEMBERS OF THE SENATE AND OF THE HOUSE OF REPRESENTATIVES, MY FELLOW CITIZENS AND FRIENDS THROUGHOUT ALL OF GEORGIA:
It is with a deep sense of humility, and an awareness of our chal lenge for a better Georgia, that I make this report to you today. It will be our task to consolidate the gains that have been registered, to hold the line on expenditures, and to see that our State moves ahead, steadily and unceasingly, through improved governmental practices.
During the past few years we have seen great changes. Many of you are here for the first time today, and many also were here during the dark times of crisis which faced our beloved State not so long ago.
We came through this period of peril with honor and dignity, and the new Georgia which has emerged stands stronger, taller, more secure in the bright rays of hope and opportunity.
The prospects for our State are brighter than ever.
Gentlemen, I am happy to report to you that--
THE STATE OF OUR GRAND OLD STATE OF GEORGIA IS EXCELLENT!
With Georgia boasting a solvent treasury and a full-time Budget
Staff, I am proud to present to you on the third day of your assemblage, for the first time in the history of this State, a really comprehensive, balanced budget for the next two years.
We meet today to proclaim to the world that the Legislative and Executive Departments of this State government are ready to assume their responsibilities, that the General Assembly of Georgia--the peo ple's representatives--has regained its rightful responsibilities over the appropriation of public funds.

100

JOURNAL OF THE SENATE,

My friends, the Legislature of Georgia is once again master in its own house!

Not only that, the two-year budget which I am presenting to you does not call for the enactment of any new or additional taxes!

Down to Business
This is a solemn occasion for me, and I know for all of you, when we get down to the real business of launching together a new Georgia State administration.

We enter upon this new partnership with confidence . . .

. . . with clear-cut aims and a solid determination to achieve those aims.

What are they?

New jobs.

New industries.

New payrolls.

Increased incomes.

Expanded research.

New capital.
Resource development.
Quality education.
Improved health and welfare.
Better highways.
A people moving.
A people united.
A State on the go.
The hopes . . . the prayers . . . the faith of four million people, gentlemen, are with us today, supporting our efforts to reassert Geor gia's pioneering spirit and all its traditional strength and drive.
You and I will work tirelessly and harmoniously to improve the opportunities offered our young people and all Georgians, no matter what their station or condition.

WEDNESDAY, JANUARY 16, 1963

101

One Georgia
In the platform I offered to the people of Georgia during last sum mer's campaign, I said that rural and urban areas have many interests in common and many goals to achieve.

I stressed that no part of our State can reach its full potential unless all parts prosper.

I repeat that now!

Stable, responsible, effective State government, serving ALL Georgia's needs, is my philosophy.

That is what I consider a truly unified, a "one" Georgia, and that will be the program theme of my Administration.

Look to Future
My friends, the question uppermost in the minds of all our people at this hour is what do the coming four years hold?

What will be the policy of the new General Assembly and the new Administration ?

CONSOLIDATING OUR GAINS AND MOVING AHEAD!

Now it is up to us to carry out the people's mandate, to translate the brave promises for the future into realities.

Our Own House in Order
While I am speaking of the rights of the people, I want to mention the rights of the State of Georgia.

My friends, these rights have undergone many onslaughts in recent years. No one can tell how far the battle will be pressed, or when it will end.

We all agree, however, that much of this problem has come about only because the states of this nation have failed to solve their own problems. This Administration will work to solve our problems and to eliminate the specter of Federal intervention in our State.
My responsibility . . . your responsibility ... is to the people of this State. The people of Georgia have proved their responsibility and their determination to solve their own problems and handle their own affairs.
They have shown time and again that they are law-abiding citizens who recognize their duties to State and cotmtry.
We are a responsible government.

102

JOURNAL OP THE SENATE,

This being true--interference or intervention--into the purely-in ternal affairs of Georgia--is totally unjustified and will not be tolerated without the strongest protest and every lawful resistance.

The New Budget
For those of us who have served in previous General Assemblies, this is a day to which we have long looked forward--a day when we would receive at the beginning of our Session a comprehensive, detailed budget and an appropriations bill.
I now take pleasure in presenting to the Lieutenant Governor and to the Speaker, copies of the following documents:

1. A draft of my Budget Message.

2. A summary of State appropriations and estimates.

3. Comparative charts showing how expenditures are divided by function.

4. And a detailed budget covering all aspects of the general gov ernment, department by department, agency by agency, calling for the expenditure of nearly one BILLION dollars over the biennium.

Hold the Line
During the coming fiscal year 1963-64, the budget calls for an ex penditure of $465,000,000 and during the fiscal year 1964-65, for $489,000,000.
It is my considered judgment and that of the budget authorities, after careful study, that this budget can be financed provided estimated income and surpluses materialize. I would point out to you that this is predicated upon an estimated amount of $18,000,000 expected to accrue to the State by certain changes in collection procedures, and by placing corporations on a withholding basis similar to that now provided for individuals.
Let me emphasize that we must hold expenditures to the recom mended maximums for each fiscal year. We must firmly resist unrea sonable demands for spending money which we don't have and couldn't expect to have under any kind of tax structure.
Briefly, here are some of the highlights of the new budget:
Common Schools
Education has the number one priority.
The budget provides for--
A $300 teacher raise; $100 for the first fiscal year of the biennium, and an additional $200 for the second year. That is in addition to the

WEDNESDAY, JANUARY 16, 1963

103

$200 raise granted four months ago, the cost of which is also in this budget. This is an increase of $500 across the board in a period of 22 months.

In our proposed budget, the State of Georgia is providing for-- 1275 new teachers.

175 additional teachers for exceptional children.

$2,000,000 to open and begin operation of a statewide system of area trade schools.

$200,000 to begin operation of two new educational television sta tions.

There are also funds to finance amortization of $25,000,000 in new school construction to provide classrooms for rapidly-growing areas.

University System
For the University System, the appropriation bill provides an addi tional $4,330,000 dollars in the first year of the biennium, and a further increase of $3,300,000 dollars in the second year.

This will provide:

Funds to open new buildings costing $13,000,000 now being com pleted on the campuses of the colleges of Georgia.

Additional teaching staff necessary to accommodate 4,100 new col lege students during the period.

Faculty salary increases comparable to those provided for teachers in the common schools.

Funds to finance $16 million dollars in new classrooms, laboratories and other facilities.

Added money for the Eugene Talmadge Memorial Hospital.

A new plant for Armstrong College at Savannah, with plans for its future development as a four-year institution.

Expansion at Augusta College, making it a four-year institution.

Support for a new junior college at Brunswick.

Community Colleges
I have long been an advocate of the community four-year and junior college program.

104

JOURNAL OF THE SENATE,

Under the appropriations contained in the new budget, and through the Board of Regents, I am told that funds can be made available for operating three new junior colleges--two in northwest Georgia and one in southwest Georgia--and that there are communities in these areas which can now provide the local capital for these new institutions. We will expand this program into other areas of the State just as soon as determination can be made as to their ability to support a community college program.

Every boy and girl in Georgia, no matter how rich or poor, should have the opportunity of a college education and it is my intention to make this possible.

Teacher Retirement
In the budget, you will find an increased appropriation for the State Teacher Retirement System to match additional teacher contribu tions occasioned by annual salary increases.

Support of Education
May I point out here that aside from the mandatory and automatic constitutional appropriation to the Highway Department, Education in the budget is receiving 72 per cent of all increases, I think it noteworthy to point out that a summary of State fund appropriations and estimates indicates that in the first year of the biennium, appropriations to education will comprise 56.1 per cent of total expenditures, and in the second year, 56.9 per cent the highest percentages ever.

Gentlemen, the principal reason why teachers' salaries in Georgia now lag behind the national average by some $1,000 is the inadequacy of local support under the present "1946 model" educational fund for mula.

It is amazing that Georgia is seventh in the nation in State support of education, but 41st in local support.

In little more than a decade, State funds for education have quad rupled.

But on the local level, they have only doubled.

Local support for education in Georgia is only half enough and until this lack of local support is attacked fundamentally, Georgia cannot except to do the job for her teachers and children which should be done.

I am unwilling to ask you for further vast amounts of new money, other than those suggested in the Budget today, to be pumped into the present antiquated educational formula until you and I have a closer look at how present funds are being spent.

We will do this through a representative commission to study the needs of education at all levels.

WEDNESDAY, JANUARY 16, 1963

105

Let there be no mistake about it, on the part of anyone.

Let no department or department head suffer any illusion.

When this State committed itself to a modern budgeting system, the day of the unjustified lump-sum appropriations to any department, without the Governor and the General Assembly knowing specifically how the money is to be spent, is over and done with in Georgia.

Highways
For highways, the constitutional mandate is being carried out--a total increase of $5,480,000 during the two fiscal years, including the sum of $1,000,000 in each year for grants to cities and towns to assist them in the construction and upkeep of their streets.

Agriculture
Also provided in the new budget is more than ten million dollars for the biennium to carry forward the greatly expanded agricultural pro grams introduced in fiscal 1962. Support is provided for the Commis sioner's office, farm information services, marketing, laboratories, in spection, seed and plant control, livestock disease control, entomology, farmers' markets and the Georgia Milk Commission.

Mental Health
In the vital field of mental health, an increase of $9,703,000 is budgeted for the next two years.

These funds will go to Milledgeville State Hospital, Gracewood State School and Hospital, and the State Mental Health Center.

Youth Department
To staff a new Department of Youth, we have included $150,000 for the first year of the biennium and $300,000 for the second year of the biennium.
Other Items
Funds are also included to:

Strengthen the Highway Patrol and Drivers' License Program.

Reorganize and modernize the Revenue Department.

Meet the interest costs of private loans to counties for property revaluation programs.

Improve working hours and the compensation of employees in our prison system, and provide for better sanitation and some psychiatric services in our prisons.

106

JOURNAL OF THE SENATE,

Institute closer and stricter Parole and Probation supervision sys tems.

Expand operations of the new State Board of Industry and Trade to more effectively promote new and expanded industry and tourism by providing a million-dollar-per-year program in this field.

Continue construction of hospitals and hospital additions through out the State.

Continue the development of Stone Mountain and Jekyll Island.

Open and operate a new State Archives Building.

Legislative Program
The Appropriations Bill, of course, is the first item in the Admin istration's legislative program.

Although time does not permit a detailed explanation of every item, my major proposals are:

CONSTITUTIONAL REVISION--Since the Session this year will adjourn in order to allow study of the Appropriations Bill, I ask the Lieutenant Governor and the Speaker to name a joint committee from the House and Senate to study and advise with me between now and the time you reconvene on the advisability of creating a representative con stitutional revision commission to revise and to present to the General Assembly for submission to the people of Georgia, a proposed new Con stitution.

I suggest this because the present Georgia Constitution has been amended a total of 381 times since it was adopted in 1945. It has become a disjointed document, more in the nature of a local code than a State Constitution. In 1962 alone, we voted on 109 amendments. The General Election ballot often has the appearance of a bedsheet, frustrating the true expression of the people.

HIGHWAY REFORM--A bill, to become effective immediately, to create a 10-member State Highway Board and a director; a constitu tional amendment to place this reform in the organic law. Their purpose --to take the highway department out of politics, to assure a planned, long-range State system of well-maintained rural roads, main highways, through streets, and interstate routes. It will be my recommendation that as one of its first tasks, the new Highway Board complete a study of total highway needs for the next twenty-five years.

STRUCTURAL REORGANIZATION--A resolution to create a Governor's Commission for Efficiency and Improvement of Governmen tal Operations. A companion bill authorizing the Governor to effect con solidation of functions and agencies of the State government, within con stitutional limitations, subject to the ratification or rejection of the next sitting General Assembly.

WEDNESDAY, JANUARY 16, 1963

107

EDUCATIONAL ADMINISTRATION AND FINANCE--A reso lution to create a Commission to Improve Education in Georgia, to study and report on the needs of Georgia's common school and higher educa tion programs.

LEGISLATIVE REORGANIZATION--Constitutional amendment: A resolution to strengthen continuity in the Senate by placing Senators on four-year terms.

CORPORATE WITHHOLDING--A bill to extend the phenomenally successful practice of withholding to corporate returns, putting State income on a level flow and minimizing evasion or losses.

INDUSTRIAL EXPANSION--An effective bill to limit the sales or use tax on productive machinery for new industry or expansion of existing industry, where it is related to increased employment.

DEPARTMENT OF YOUTH--A measure creating a Department of Youth.

MOUNTAIN AUTHORITY--A bill to establish a Georgia Moun tains Authority to develop the State's scenic mountain and lake attrac tions.

LOCAL GOVERNMENT COOPERATION--A bill to authorize State departments and agencies to extend service cooperation to county and municipal governments to achieve actuarilly sound pension plans, prudent debt practices and better financial administration. Another bill authorizing the cooperation and granting by the State of incentives to local governments to consolidate services across county lines where studies show the same to be economically feasible, and a bill to end speed traps.

GRANTS TO COUNTIES FOR TAX EQUALIZATION LOANS-- A bill to provide grants to counties for paying interest on tax equaliza tion loans.

PAYMENT OF TAXES WITH PURCHASE OF TAGS--A resolu tion to provide that ad valorem taxes on motor vehicles will be collected at the time of the purchase of the tags.

COUNTY MERGERS--An amendment to Paragraph IV of Section I of Article XI of the Constitution, which would allow the merger of two or more counties with the concurrence of a majority of the voters in each county affected, instead of the two-thirds as is now required.

Fair Elections Code
Every time we have elections in Georgia, we read of practices that are shocking, and which, if we allow to spread, can serve only in the end to deprive our people of every semblance of representative government.

108

JOURNAL OF THE SENATE,

To correct these injustices, I will propose to you that we rewrite this year, and present at your next regular Session, a fair Elections Code for Georgia.
Crime and Punishment
As Governor, I intend to mobilize all the resources of State govern ment against the rampant forces of crime and lawlessness. We will strengthen the State's law enforcement arms and cooperate with local enforcement agencies in a battle to eradicate crime from our State. We must establish and operate a police academy. We must also enact legis lation to institute an enlightened and effective program for rehabilita tion of all types of offenders. Particularly, must we do this in regard to juvenile defenders by revising our laws with reference to their trial and punishment.
I hereby place all criminals and criminal elements on notice that Georgia is not going to become a haven or harbor for any type of unlaw ful activity.

My friends, I extend the hand of friendship and cooperation to every member here, and indeed, to every Georgia citizen. With some of you, I have waged political battle, and with others I have been allied. To all, I repeat that I harbor no malice, and I pray that no person harbors malice for me.
Gentlemen, we have an order to fill--
Dynamic, Progressive, honest, economical State government.
I look forward enthusiastically to working with the people of our State--with you--with every constructive group in marshaling our Godgiven resources and bringing into the fore our best talent, our best brainpower, our best abilities, to carry Georgia to the summit of esteem and recognition in our nation.
Together, we shall make a growing Georgia, a going Georgia.

Senator Pannell of the 54th 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 president announced the following standing committees:

AGRICULTURE AND NATURAL RESOURCES

Chairman:

Brooks Pennington, Jr., District 45, Madison

Milford A. Scott, District 23, Augusta

WEDNESDAY, JANUARY 16, 1963

109

Talmadge McKinnon, District 7, Willacoochee
Roy Noble, District 19, Vienna
Erwin Owens, District 49, Dahlonega
Martin Young, District 13, Rebecca
Hugh Gillis, District 20, Soperton
Harold Harrison, District 48, Bethlehem

Garland T. Byrd, District 17, Reynolds
Glenn Pelham, District 10, Cairo
Milton A. Carlton, District 21, Swainsboro
Bobby Rowan, District 8, Enigma
Jimmy Carter, District 14, Secretary, Plains
Ford B. Spinks, District 9, Vice Chairman, Tifton

APPROPRIATIONS

Charles A. Pannell--Ex-Officio Member, Floor Leader

Chairman:

Hugh Gillis, District 20, Soperton

John Gayner, District 5, Brunswick

William A. Searcey, District 2, Savannah

Paul Broun, District 46, Athens

William A. (Bill) Zorn, District 6, Jesup

Leroy R. Johnson, District 38, Atlanta

Stanley E. Smith, Jr., District 18, Perry

Brooks Pennington, Jr., District 45, Madison

Milton Carlton, District 21, Swainsboro, Vice-Chairman

J. Battle Hall, District 52, Rome

Harry Jackson, District 16, Columbus

W. A. (Wyck) Knox, Sr., District 24, Thomson

Frank E. Coggin, District 35, Secretary, Hapeville

W. Hugh McWhorter, District 43, Decatur

J. B. Fuqua, District 22, Augusta

Robert M. Smalley, District 28, Griffin

Zell Miller, District 50, Young Harris

Charlie Brown, District 34, Atlanta

BANKING AND FINANCE

Charles A. Pannell--Ex-Officio Member

Chairman:

J. B. Fuqua, District 22, Augusta

A. L. (Al) Holloway, District 12, Albany

110

JOURNAL OF THE SENATE,

Hugh Gillis, District 20, Soperton
Ben F. Johnson, Vice Chairman, District 42, Atlanta
Julian Webb, District 11, Donalsonville
Albert F. Moore, District 31, Cedartown
Charlie Brown, District 34, Atlanta
R. Shaefer Heard, District 29, West Point

Stanley E. Smith, Jr., District 18, Perry
Lamar R. Plunkett, District 30, Bowdon
Edward S. Kendrick, District 32, Marietta
William A. Searcey, Secretary, District 2, Savannah
Talmadge McKinnon, District 7, Willacoochee
James P. Wesberry, Jr., District 37, Atlanta

COUNTY AND MUNICIPAL GOVERNMENTS

Chairman:

Charlie Brown, District 34, Atlanta
Frank O. Downing, Vice Chairman, District 1, Savannah
R. Shaefer Heard, District 29, West Point
W. Hugh McWhorter, District 43, Decatur
Martin Young, District 13, Rebecca
Dan I. Maclntyre, District 40, Atlanta

Frank E. Coggin, District 35, Hapeville
Ben F. Johnson, District 42, Decatur
James P. Wesberry, Jr., District 37, Atlanta
Ford B. Spinks, District 9, Secretary, Tifton
Culver Kidd, District 25, Milledgeville

DEFENSE AND VETERANS AFFAIRS

Chairman :

W. Hugh McWhorter, District 43, Decatur

William A. Searcey, District 2, Savannah

William J. Hunt, Vice Chairman, District 26, Macon

Jack Fincher, Secretary, District 51, Canton

Garland Byrd, District 17, Reynolds

J. Taylor Phillips, District 27, Macon

Jimmy Carter, District 14, Plains

WEDNESDAY, JANUARY 16, 1963

111

INDUSTRY AND LABOR

Chairman:

A. L. (Al) Holloway, District 12, Albany

Perry Gordy, District 15, Columbus

John M. Gayner, District 5, Brunswick

Edward S. Kendrick, District 32, Marietta

Harry C. Jackson, District 16, Columbus

Dan I. Maclntyre, District 40, Atlanta

Culver Kidd, District 25, Milledgeville

Oby T. Brewer, Sr., District 39, Vice Chairman, Atlanta

R. Shaefer Heard, District 29, West Point

MacKinley Conway, District 41, N. Atlanta

W. A. Knox, Sr.5 District 24, Thomson

Stanley E. Smith, Jr., District 18, Secretary, Perry

J. Taylor Phillips, District 27, Macon

Lamar R. Plunkett, District 30, Bowdon

Joe Salome, District 36, Atlanta

Frank 0. Downing, District 1, Savannah

INTERSTATE COOPERATION

Peter Zack Geer--Ex-Officio Member

A. L. (Al) Holloway, District 12, Albany
MacKinley Conway, District 41, Secretary, N. Atlanta
Charles A. Pannell, District 54, Chatsworth, Vice-Chairman

Joseph E. Loggin, District 53, Summerville
Paul Broun, District 46, Chairman, Athens

JUDICIARY

Chairman:

Robert H. Smalley, Jr., District 28, Griffin
Joe Salome, District 36, Atlanta
Julian Webb, District 11, Vice Chairman, Donalsonville
J. Taylor Phillips, District 27, Secretary, Macon
Kyle Yancey, District 33, Austell
Ben F. Johnson, District 42, Atlanta

S. Tom Ellis, District 44, McDonough
Joseph E. Loggin, District 53, Summerville
Garland Byrd, District 17, Reynolds
Leroy R. Johnson, District 38, Atlanta
William A. Zorn, District 6, Jesup
Milton Carlton, District 21, Swainsboro

112

JOURNAL OF THE SENATE,

PENAL AND CORRECTIONAL AFFAIRS

Chairman:

J. Battle Hall, District 52, Rome

Clinton Oliver, District 4, Vice Chairman, Glennville

Robert E. Lee, Jr., District 47, Elberton

Martin Young, District 13, Rebecca

Talmadge McKinnon, District 7, Willacoochee

Roy Noble, District 19, Secretary, Vienna

Lamar Plunkett, District 30, Bowdon

PUBLIC UTILITIES AND TRANSPORTATION

Chairman:

Joseph E. (Bo) Loggin, Dis trict 53, Summerville

Perry Gordy, District 15, Columbus

Culver Kidd, District 25, ViceChairman, Milledgeville

Harold Harrison, District 48, Bethlehem

McKinley Conway, Jr., District 41, N. Atlanta

Frank O. Downing, District 1, Savannah

Jack Fincher, District 51, Canton

Oby T. Brewer, Sr., Atlanta

W. Hugh McWhorter, District 43, Decatur

Robert E. Lee, Jr., Dis trict 47, Elberton, Sec.

Chairman:
Peter Zack Geer, Colquitt
Talmadge McKinnon, District 7, Willacoochee
William A. (Bill) Zorn, Dis trict 6, Jesup
Bobby Rowan, District 8, Secre tary, Enigma
Brooks Pennington, Jr., Dis trict 45, Madison
Charles A. Pannell, District 54, Vice Chrmn, Chatsworth
Harold Harrison, District 48, Bethlehem

RULES
John M. Gayner, District 5, Brunswick
Harry C. Jackson, District 16, Columbus
Hugh Gillis, District 20, Soperton
Frank E. Coggin, District 35, Atlanta
J. Battle Hall, District 52, Rome
Julian Webb, District 11, Donalsonville
Joseph E. (Bo) Loggin, Dis trict 53, Summerville

WEDNESDAY, JANUARY 16, 1963

113

J. B. Fuqua, District 22, Augusta
Zell Miller, District 50, Young Harris
Joe Salome, District 36, Atlanta

Edward S. Kendrick, District 32, Marietta
Ford Spinks, Jr., District 9, Tifton

SENATE ADMINISTRATIVE AFFAIRS

Chairman:

Glenn Pelham, District 10, Cairo

Clinton Oliver, District 4, Glennville

Perry Gordy, District Secretary, Columbus

Martin Young, District 13, Rebecca

TEMPERANCE

Chairman:

W. A. (Bill) Zorn, District 6, Jesup

William J. (Bill) Hunt, District 26, Macon

Kyle Yancey, District 33, Austell

Frank E. Coggin, District 35, Hapeville, Secretary

R. Shaefer Heard, District 29, Vice Chairman, West Point

EDUCATIONAL MATTERS

Chairman:

Edward S. Kendrick, District 32, Marietta
Jack Fincher, District 51, Canton
Milton Carlton, District 21, Swainsboro
W. A. Knox, Sr., District 24, Thomson
Oby T. Brewer, Sr., District 39, Atlanta
Paul Broun, District 46, Athens
Robert E. Lee, Jr., District 47, Elberton
Charles A. Pannell, District 54, Chatsworth

Zell Miller, District 50, Young Harris
J. Battle Hall, District 52, Rome
Glenn Pelham, District 10, Cairo
Harold Harrison, District 48, Bethlehem
Jimmy Carter, District 14, Secretary, Plains
Clinton Oliver, District 4, Glennville
Roy Noble, District 19, Vienna
Lamar Plunkett, District 30, Bowdon

114

JOURNAL OP THE SENATE,

Dan Maclntyre, District 40, Atlanta
S. Tom Ellis, District 44, Vice-Chairman, McDonough
James P. Wesberry, Jr., District 37, Atlanta

Leroy Johnson, District 38, Atlanta
Bobby Rowan, District 8, Enigma
J. Taylor Phillips, District 27, Macon

HEALTH AND WELFARE

Chairman:

Zell Miller, District 50, Young Harris

Leroy R. Johnson, District 38, Atlanta

Albert P. Moore, District 31, Vice-Chairman, Cedartown

Jack Pincher, District 51, Canton

S. Tom Ellis, District 44, McDonough

Erwin Owens, District 49, Dahlonega

James P. Wesberry, Jr., District 37, Atlanta

Kyle Yancey, District 33, Austell

Charlie Brown, District 34, Atlanta

Milford A. Scott, District 23, Secretary, Augusta

Culver Kidd, District 25, Milledgeville

INSTITUTIONS & MENTAL HEALTH

Chairman:

Erwin Owens, District 49, Dahlonega

Milford A. Scott, District 23, Augusta

Charlie Brown, District 34, Atlanta

Chairman :
W. A. Knox, Sr., District 24, Thomson
William A. Searcey, District 2, Savannah
Paul Broun, District 46, Athens
Robert E. Lee, Jr., District 47, Vice Chairman, Elberton

HIGHWAYS
William J. Hunt, District 26, Macon Albert P. Moore, District 31, Cedartown Talmadge McKinnon, District 7, Secretary, Willacoochee Erwin Owens, District 49, Dahlonega

WEDNESDAY, JANUARY 16, 1963

115

Bobby Rowan, District 8, Enigma
Stanley E. Smith, Jr., District 18, Perry
Milford A. Scott, District 23, Augusta
Robert Smalley, Jr., District 28, Griffin

Frank O. Downing, District 1, Savannah
Roy Noble, District 19, Vienna
Jimmy Carter, District 14, Plains

The following communication was received from His Excellency, the Gov ernor:
STATE OF GEORGIA Executive Department
Atlanta
January 16, 1963
Honorable Peter Zack Geer Lieutenant Governor of Georgia State Capitol Atlanta, Georgia
Dear Mr. Geer:
Pursuant to the provisions of section 34-2901 of the Code of Georgia (Georgia Laws 1894, page 41), I transmit to you herewith proceedings to contest the seating of a member of the State Senate from the Third Senatorial District of Georgia.
The documents enclosed herewith were forwarded to me by the Hon orable Columbus E. Alexander, Judge, City Court of Savannah, Georgia, the judicial officer before whom evidence of said contest was submitted.
With kindest regards, I am
Sincerely,
/s/ Carl E. Sanders Governor
CES:fs Enclosures

Documents furnished the Senate by Governor Sanders are attached to this original Journal and are on file in the office of the Secretary of State.

116

JOURNAL OF THE SENATE,

The president made the following observation:

The seating of the Senate under the contest is a most serious matter and addresses itself to the Senate on the basis of merit and merit alone. I believe that a thorough hearing should be accorded to both sides in the contest and I am referring the contest now to the Senate Judiciary Committee. I believe the chair man of that committee has already notified both sides as to when and where a hearing will take place. They will hear the contest and report back to the Senate as soon as possible. The contest is hereby referred to the Senate Judiciary Com mittee.

Senator Pannell of the 54th 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, JANUARY 17, 1963

117

Senate Chamber, Atlanta, Georgia, Thursday, January 17, 1963.

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 Reverend Frank Coyle, pastor, Montgomery Memorial Baptist Church, Gainesville, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Pelham of the 10th reported that the journal of yesterday's proceed ings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Pannell of the 54th 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.
The consent was granted.
The following resolution was read and adopted:
SR 8. By Senator Smalley of the 28th: A resolution that all Democrats who have not done so obtain their tickets from the Jefferson-Jackson Day headquarters at the Biltmore Hotel or from the Secretary of the Democratic Party (and/or Senate) or the clerk of the House of Representatives; and for other purposes.
The following bills and resolutions were introduced, read the first time and referred to committees:

SB 1. By Senator Kidd of the 25th:
A bill to declare it unlawful for any person charged with commission of a criminal offense to forfeit bond and fail to appear in court, especially if he shall fail to appear because of leaving for another State; to provide penalties; and for other purposes.
Referred to Committee on Judiciary.

118

JOURNAL OF THE SENATE,

SB 2. By Senator Kidd of the 25th:
A bill to amend an act providing for compulsory school attendance so as to increase the maximum age of children within the State compelled to attend school.
Referred to Committee on Educational Matters.

SB 3. By Senator Kidd of the 25th:
A bill to amend an act known as the "Aid to Dependent Children Act" so as to change the definition of the term "Dependent Child"; and for other purposes.
Referred to Committee on Health and Welfare.

SB 4. By Senator Zorn of the 6th:
A bill to amend Chapter 89-5 of the Code of Georgia, relating to vacan cies and resignations of public officers, to provide a procedure for sus pending and removing any officer upon conviction of moral turpitude; and for other purposes.
Referred to Committee on Judiciary.

SR 6. By Senator Byrd of the 17th:
A resolution amending the Senate Rules by adding a new rule relative to committee travel; and for other purposes.
Referred to the Committee on Rules.

SR 7. By Senator Pannell of the 54th:
A resolution proposing an amendment to the Constitution so as to pro vide for four (4) year terms for State Senators; to provide for a refer endum; and for other purposes.
Referred to the Committee on Rules.

The following report of an interim committee, appointed in the 1962 session, was filed with the secretary:

REPORT ON FORESTRY AND ALLIED PRODUCTS
This report will cover most segments of Georgia's forestry products, especially lumber, which is the most distressed product in the industry.
Georgia has more than 196,000 landowners, therefore it is economi cally important to many citizens of Georgia and the revenue of the state to keep the forest industry abreast of the fast-changing times.

THURSDAY, JANUARY 17, 1963

119

Lumber production in Georgia was off last year approximately 14 million dollars in stumpage sales. This decrease cost the state in tax revenue alone approximately one-half million dollars per year. Practi cally all of this loss was in lumber with a small amount in poles and piling. The above figures were obtained from a field survey of Georgia industry.

The total land area in Georgia is 37,382,700 acres; 25,772,200 acres of this is commercial forest land which produced in 1960 from forest based industries an output value of 956 million dollars. This industry ranked third in the state, only out-ranked by textiles and food manufac turing.
Forest industries furnish employment to over 36,500 employees. This does not include employees in retail establishments, woodyards and wholesalers handling forest products.
The field survey shows a decline in lumber employment and produc tion starting about 1953 and continuing to the present. This decline is caused by competition from West Coast woods and mechanization in the industry. Should this decline be allowed to continue it will place a large amount of common labor on Georgia's already heavy-laden common labor market. Jobs for this type of labor are becoming more difficult to secure, therefore this places a further burden on the taxpayer.
Should the lumber segment of the forest industry cease to exist it would reduce the price of saw timber to its next competitor which would be approximately a 30% cut in price of this size tree.
In the field survey of the state, it was found that in some areas where there was not a local market for saw timber or pulpwood, the price on wood was as much as 50% lower than in areas where there was a local market for these products. This shows the importance of main taining markets for lumber and allied products.

There has been many drastic changes in the lumber industry in the past twelve years. Cost has constantly increased in equipment, labor and raw material. This forced the industry to purchase costly equipment to utilize waste and mechanize their plants as much as possible. This change in operation has reduced the number of mills from approximately 2,900 to 520, eliminating practically all small mills and some large ones.

This reduced the number of mills in Georgia approximately 80%, but the volume of lumber was only reduced approximately 30% due to the fact that the remaining mills mechanized and increased their volume. During this period the number of mills producing 10 million or more board feet per year increased from five to twenty. These twenty mills now produce 23% of the state's total volume.

Due to economic conditions and technical advances, the majority of the mills cutting pine timber have installed chipping equipment and are selling their waste material to the pulp mills. This utilization program of waste material makes it economically possible for some to continue oper-

120

JOURNAL OF THE SENATE,

ation. Also, this has practically eliminated the burning of slabs and waste at the mills.

During this drastic change, the industry lost its sales and advertise ment program and also its contact with various state agencies and its education, both in the schools and to the public.
Lumber is still the desirable building product in Georgia, but a larger percentage of it is now being furnished from the West. Our own state government is purchasing a large quantity of this competitive wood, which is not superior in most cases to Southern Pine.
The Georgia school building program virtually excluded Georgia Southern Pine and Hardwood in their school construction program, when it could have been used to construct as good or better facility. In many counties the forest industry is responsible for the economic well-being of the majority of families having children attending those schools. This is not true of the schools that have been constructed in the forest areas on the West Coast.
The Georgia Forestry Commission has excelled in leading Georgia to be the number one forestry state in forest growth and importance. The state, county and municipal governments should and must lead the way in utilizing wood where feasible in public projects and contracts to help give it the proper place in Georgia's industrial economy.
(Did you notice the stadium seats at your last two or three college games, chances are they were West Coast wood.) Treated Southern Pine is cheaper and better for this job.
Not one plant checked in this survey showed a fair return on its investment. This problem is acute and if some attention is not given it immediately, it will prove to be very costly to the state. If it had been attacked some six or seven years ago, it could have saved Georgia and its citizens millions of dollars. However, this economic problem can be rectified with proper attention.
Georgia has a law at present that very few departments of state government know exist. It is Georgia Law 1937, p. 503 at p. 511, Section 11, which is quoted.
"Section 11. It shall be the duty of the Supervisor of Purchases in the purchase of and in contracting for any supplies, materials, and equipment and/or printing to give preference as far as may be reason able and practicable to such materials, supplies, equipment and/or print ing as may be manufactured or produced in the State of Georgia. It being the intention of this section to use in so far as is practicable Geor gia products and/or Georgia labor; Provided, however, that in giving such preference no sacrifice or loss in price or quality should be per mitted, and provided further that preference in all cases shall be given to surplus products or articles produced and/or manufactured by other State departments, institutions or agencies which are available for dis tribution."
This law should be amended or rewritten so that some teeth can be inserted in it and to extend it to cover all state contracts. This would not

THURSDAY, JANUARY 17, 1963

121

only be of great assistance to the lumber industry but also to our labor market.
I wish to make the following recommendations based on the findings of this survey.
1. That the General Assembly amend or enact new law to strengthen Georgia Law 1937, p. 503 at p. 511, Section 11, so that all state depart ments will strictly abide by it. Other states are using such laws to a good advantage and if Georgia does not, then our industries and labor are being placed in a discriminatory position.
2. That the Forestry Commission and the Department of Com merce arrange a meeting with the Board of Regents and see if a better course can be taught to the architectural engineering classes at Georgia Tech on the use and properties of Georgia Southern Pine and Hardwood lumber, both treated and untreated.

3. That the Forestry Commission and the Department of Commerce arrange a meeting with John L. Fulmer, Ph.D., at Georgia Tech School of Industrial Management; five or more forest landowners and five or more lumber producers to discuss the cost of raw materials to the mills and study ways to better compete with West Coast wood.
4. That the Lieutenant Governor along with the Speaker of the House appoint one member of the Senate and House familiar with the lumber industry to attend these meetings and assist in the drafting of the law recommended above.

5. That the Department of Commerce work with the industry to assist in putting together some type of association that the two may give Georgia's third largest industry better public relations, advise the public as to the importance of the industry, assist it in a sales program and ask the news media to give it more favorable coverage when possible.
Respectfully submitted,
/s/ 0. D. Johnson Senator, 46th District

The following report of an interim committee, appointed in the 1962 session, was read by the secretary:

REPORT OF THE INTERIM COMMITTEE ON TEMPERANCE
The following two Subcommittee reports are herewith incorporated into this final report of the Senate Interim Committee on Temperance:
REPORT OF THE SUBCOMMITTEE ON TEMPERANCE
The Subcommittee on Temperance, composed of Senator Robert McKenzie, chairman, Senator Gaston V. Green and Senator J. L. White, pursuant to SR189, visited the Alabama Alcoholic Beverage Control De partment in Montgomery, Alabama. The purpose of this trip was to

122

JOURNAL OF THE SENATE,

investigate the Alcoholic Beverage Control Law and the application of such law in the State of Alabama.
Mr. Edward Azar, Administrator of the ABC, was most cooperative and very generous with his time in furnishing the committee the desired information. We were apprised of the experience that Mr. Azar has in this field.
Mr. Azar pointed out that besides the profit angle involved in the ABC operations, there is a more urgent reason for having state stores, that reason being the control and strict policing of the sale of alcoholic beverages and all phases of this subject. He further pointed out that arrests in wet areas are a great deal less numerous than in dry areas. He went on to explain that the State of Alabama has a local option sys tem, whereby the citizens of each individual county determine by local referendum whether or not the ABC stores operate in their respective counties. A referendum is called by petition of at least 25 percent of the number of people voting in the most previous general election. He pointed out that a referendum can be held once in each 2 year period.
All profits from the sale of alcoholic beverages in Alabama are ear marked by the legislature for the various state agencies and depart ments rather than placing the money in a general fund.
All of the ABC products are purchased directly from the distillers. This system effects a reduction of price due to the fact that there is no middleman profit. Each distiller has an agent in the state for the pur pose of receiving a commission for the sale of his company's product. However, Governor-Elect George Wallace has promised to do away with this system in order to save the State vast amounts of money spent on commissions.
The following advantages were noted under the Alabama ABC sys tem:
1. The State can receive a much greater amount of revenue under this system.
2. The prices of all alcoholic beverages are regulated by the State.
3. Closer and more rigid supervision can be maintained, thus elimi nating much of the police problem involved in alcoholic beverages.
4. Fewer people are involved in the sale of alcoholic beverages, thus also reducing the police problem.
5. The state stores have regular hours and earlier hours of closing, thus also aiding the enforcement of the law.
After this visit with Mr. Azar and the Alcoholic Beverage Control Department, this committee feels that the system in the State of Ala bama is a very good one and the committee points these facts out for the consideration of the 1963 General Assembly.
The Subcommittee, composed of Senator Robert McKenzie, Senator G. V. Green and Senator J. L. White, left Atlanta on July 19, 1962, for

THURSDAY, JANUARY 17, 1963

123

the purpose of studying the laws and administration of alcoholic beverage laws in accordance with Senate Resolution #189 in Louisiana, Nevada and California.
In New Orleans, Louisiana, the Committee had an audience with Commissioner Giarrusso Head of the New Orleans Police Department and Captain Dutha Chief of the Alcoholic Division of the New Orleans Police Department. Commissioner Giarrusso Stressed to the Committee the importance of liberality in handling public drunkenness cases. The Commissioner's opinion was that the liberal attitude helps to curb chron ic alcoholism rather than foster it. He also stated that drunks are held only for six (6) hours, thus aiding the economic aspect of the city penal system.
In regard to mixed drinks, the Commissioner stated that there is less tendency toward heavy quantity drinking where the opportunity for acquiring mixed drinks is afforded. He further stated that as a practical matter a man who can acquire mixed drinks is less likely to be a heavy quantity drinker and is more likely to take only one or two drinks then retire to his home; while on the other hand bottle drinkers have a ten dency to finish the bottle.
Captain Dutha suggested very strongly that in the event mixed drinks are legalized in our State that all personnel working in connection with drinking establishments be fingerprinted, photographed, and that police record checks be run on such persons. This procedure is particu larly helpful in keeping persons with criminal records from working in such establishments and this procedure aids in the apprehension of violators.

The next stop was in Clarke County, Nevada, where the Committee visited the Sheriff's Department. Under-Sheriff Bunker also stressed that the photographing and fingerprinting of personnel is very effective in keeping out the undesirable element which tends to congregate in Las Vegas due to the gambling there.
Public drunkenness cases are handled much the same in Clarke County, Nevada, as they are in New Orleans, Louisiana.
Permits for the purpose of operating alcoholic sales establishments are issued to resident first offenders after they have proven over a five year period that they are worthy of a second chance. This does not apply to out-of-state offenders since no effort is made to rehabilitate undesirables from other states.
In Los Angeles, California, our Committee had the full cooperation of the Los Angeles County Sheriff's Department. The main interest of the Committee in Los Angeles County was to visit and investigate their mode] alcoholic farm. The Committee visited the farm itself. The farm is designed primarily as a rehabilitation center. It is particularly helpful in keeping undesirable characters out of places like skid row. Both men and women are sent to the farm. After the third arrest for drunkenness they are sent to the farm, however, habitual drunkards can be sent at any time in the discretion of the judiciary. Their release is obtained when the farm hospital thinks they have been rehabilitated.

124

JOURNAL OF THE SENATE,

This farm is the most up-to-date of its kind in the United States. Hospital and psychiatric care is the first step for persons sent to the farm. They have one of the most modern hospitals of its kind in the United States with complete doctor facilities, psychiatrists and registered nurses in attendance. After they go through the drying out period, they are assigned to barracks and each inmate is assigned to a certain job which he is most qualified and suited for. Some of these jobs include truck farming, toy making, cooking, office work, shoe repair, etc.

Before release from the farm the inmates who are capable of being rehabilitated, and who have progressed toward rehabilitation are placed in suitable jobs in the outside world. In this particular phase, Alcoholics Anonymous is very cooperative in working with the released inmates and helping to restore them as normal useful citizens. Three out of five of these people are brought back to normal life. From a financial stand point this operation is completely self-sustaining. About two million dollars is needed to set it up on state-owned land.

The following report from Mr. Charles B. Methvin, director of the Alcoholic Rehabilitation Service of the Georgia State Health Depart ment, is quoted:
"Alcoholism today is considered to be our 4th major public health problem. It is conservatively estimated that there are 75,000 alcoholics in the State of Georgia, and even more significant is the fact that each alcoholic will directly affect the lives and welfare of 5 other persons; mainly, members of their family. Indirectly, each alcoholic will have in fluence on 10 other persons in the community such as welfare agencies, public health departments, creditors, law enforcement, etc.
Unfortunately, due to limited funds, the State has only two facilities offering help to the alcoholic--the Georgian Clinic in Atlanta and the Chatham Clinic in Savannah. We desperately need to expand our pro gram in order to offer help to more alcoholics and their families through out the State. Of the 75,000 alcoholics in Georgia, less than 5,000 are actually receiving any form of help from the facilities of this Service, Alcoholics Anonymous, private hospitals, the Salvation Army, etc.
One of the greatest barriers in solving the problem of alcoholism is lack of public acceptance and understanding. There is great need for more education and information, research, training of professional per sonnel, and additional treatment facilities. At this point, I might mention the present State appropriation to deal with this problem is $312,000. The income to the State from the sale of alcoholic beverages is $23,500,000 annually. A program to adequately serve the entire State, involving all of the above mentioned needs, would require a financial investment of approximately $1,250,000 annually--only a fraction of the income re ceived by the State from the sale of alcoholic beverages.
While rehabilitation requires financial investment, it does not ac tually cost the State money--rehabilitation saves money. As an Example, a few years ago we conducted a survey to determine how many of our former patients, 6 months after treatment, were employed and able to

THURSDAY, JANUARY 17, 1963

125

assume financial responsibility for themselves and their family without welfare assistance. Going on the assumption that those former patients, known to be employed, earned a maximum income of $200 per month, it was established that patients rehabilitated, by this Service alone, ac counted for an annual taxable income of over $9,000,000 which, without the benefit of services offered by this program, would have been lost. Incidentally, approximately 60 percent of our patients received some type of welfare assistance prior to their treatment. Of course, the most im portant aspect of rehabilitation is humanitarian, but certainly there is also a dollar factor involved.
The quality of our program in Georgia has gained international reputation, and we can be proud of what is being accomplished with so little, but as previously stated, there is great need for expansion in order to meet the growing demands for service."
In view of the above report from Mr. Methvin and the other find ings of this Committee, we recommend the following:
1. That an Alcoholic Rehabilitation center be set up in Georgia along the lines of the one the Committee visited in California. This sys tem is the most economical means of handling the Alcoholic problem and for this reason it is most strongly urged by the Committee. The state now owns a sufficient amount of suitable idle land for this institution such as Milledgeville, Reidsville, and other locations around the State.
2. This Committee further recommends that this operation be set up under the State Health Department.
3. Realizing that the advertising of any product creates a demand and a desire for such product, this Committee recommends that the 1963-1964 General Assembly adopt sufficient legislation whereby making it unlawful to advertise Alcoholic Beverages in any advertising media originating in the State of Georgia.
The Committee feels that the adoption of the within stated recom mendations will greatly curb Alcoholism in this State.
Respectfully submitted by
Robert McKenzie, Chairman Senator, 12th District J. L. White, Vice-Chairman Senator, 39th District Erwin Owens, Secretary Senator, 32nd District Dr. C. L. Ayers Senator, 31st District Gaston V. Green Senator, 44th District Eugene Kelly Senator, 35th District W. Tom Veazey Senator, 19th District

126

JOURNAL OF THE SENATE,

The following report of an interim committee, appointed in the 1962 session, was filed with the secretary:

GEORGIA STATE SENATE (Seal)
TO: HIS EXCELLENCY, CARL E. SANDERS, GOVERNOR,

HONORABLE PETER ZACK GEER, LIEUTENANT GOVER NOR,
HONORABLE GEORGE T. SMITH, SPEAKER, HOUSE OF REPRESENTATIVES,
MEMBERS OF THE SENATE AND HOUSE OF REPRESEN TATIVES,
ALL OTHER INTERESTED PARTIES.

REPORT OF THE INTERIM COMMITTEE FOR MENTAL RETARDATION

(S. R. No. 163, 1962 Session of the General Assembly)

THE COMMITTEE

Honorable J. Floyd Harrington Senator, 20th District Chairman

Honorable W. C. Long Senator, 3rd District Vice-Chairman

Honorable E. Mullins Whisnant Senator, 25th District

Honorable Gaston V. Green Senator, 44th District

Secretary

Honorable Harry C. Jackson

Senator, 24th District

TO: HIS EXCELLENCY, CARL E. SANDERS, GOVERNOR,
HONORABLE PETER ZACK GEER, LIEUTENANT GOVER NOR,
HONORABLE GEORGE T. SMITH, SPEAKER, HOUSE OF REPRESENTATIVES,
MEMBERS OF THE SENATE AND HOUSE OF REPRESEN TATIVES,
ALL OTHER INTERESTED PARTIES.

REPORT OF THE INTERIM COMMITTEE FOR MENTAL RETARDATION
(S. R. No. 163, 1962 Session of the General Assembly)
The Interim Committee for Mental Retardation was created by Sen ate Resolution No. 163 for the purpose of making a study of the problem

THURSDAY, JANUARY 17, 1963

127

faced in Georgia in the field of mental retardation and to make a com parative analysis of what other states were doing to correct the problem that confronts our State.

The following Senators were appointed by the President of the Senate:
Honorable Gaston V. Green Senator, 44th District
Honorable J. Floyd Harrington Senator, 20th District
Honorable Harry C. Jackson Senator, 24th District
Honorable W. C. Long Senator, 3rd District
Honorable E. Mullins Whisnant Senator, 25th District

The Committee was duly organized with Senator J. Floyd Harring ton as Chairman, Senator W. C. Long, Vice-Chairman and Senator Mul lins Whisnant, Secretary.
For many years The Gracewood State School and Hospital has had more applications for admission than they have space and facilities. The result being that at present there is a waiting list of over 1200 mentally retarded children seeking admission to this State Institution. There are also over 100 children at the Milledgeville State Hospital that should be transferred to Gracewood. In addition to the above retarded children which have been brought to the attention of our institution, there are countless others in our State who desperately need attention.
The Committee began its work by holding meetings with the follow ing State officials:
Dr. John H. Venable, Director, Department of Public Health
Dr. Norman B. Pursley, Superintendent of The Gracewood State School & Hospital
Dr. Mamie Jo Jones, Co-ordinator, Services for Exceptional Children
Georgia Association for Mental Retardation
Georgia Council on Mental Retardation
After discussions with the above mentioned individuals and organi zations, the Committee determined that the greatest need is an additional facility similar to Gracewood located in another area of the State. How ever, realizing the financial position of the State, we concluded that this would be a long range program requiring from three to four years to complete.
With the sincere desire to offer a program that could be started earlier and at the same time not interfere with any plan to construct a

128

JOURNAL OF THE SENATE,

new State facility, the Committee began to consider other programs that the State could participate in.

After careful consideration of this problem, the Committee decided to study the possibility of State supported Day Care Centers. This type of treatment is not new in the State of Georgia. At the present time there are a number of Day Care Centers within the State which are doing an excellent job. However, the ones that are in operation are totally financed by parent groups and other local community agencies. It is the feeling of this Committee that the present Day Care Centers located in the State are rendering a real service to our retarded children although severally handicapped by the lack of adequate financing and professional guidance and support. They are indirectly rendering a service to the State of Georgia in that they are keeping retarded children from being institutionalized since most of these children are the type children that the families find necessary to institutionalize. The Committee feels that if the State furnished financial and professional aid to these Day Care Centers that the program would be expanded to aid an even greater number of retarded children and would thus alleviate the long waiting list at the Gracewood Institution.

Again conferring with proper State officials it was decided by the Committee that we visit the states of Connecticut, Pennsylvania and Delaware to study their program of State supported Day Care Centers, since they are recognized as the leaders in this field.

The Committee visited several Day Care Centers in each of the above states and found them to be doing an exceptional job with the children enrolled in these Centers. The officials of the states visited were very enthusiastic about their Day Care Center Programs and stated although most of these State programs were relatively new, they felt that a service was being rendered at a financial saving as it relates to total institutional type care.

They pointed out the following advantages of Day Care Centers as related to total institutional care:

(1) Mentally retarded children are receiving better care, treatment and training in Day Care Centers due to more individualized attention.

(2) Day Care Center Programs reduce the number of mentally retarded children making application for total institutional care.

(3) Cost of operation of Day Care Centers is considerably less per patient than total institutional care.

(4) Day Care Center Programs enable the parents to keep the family unit intact.

The Committee found that the State of Connecticut has a Day Care Program where the State furnishes up to 50 per cent of the cost of operating Day Care Centers. Under this Program the State contracts with any local nonprofit organization operating the Center and sets up

THURSDAY, JANUARY 17, 1963

129

standards which must be met before the organization is entitled to finan cial aid from the State. In addition to financial assistance, the State also provides professional guidance and direction to such centers.

The Committee was very favorably impressed with the cooperation between the State and the local community agencies found in the State of Connecticut.

The State of Delaware assumes the total cost of its Day Care Center Program and it is the Committee's understanding that this is the only state which assumes the entire cost of the program. The State officials in charge of the Delaware Program stated to this Committee that the cost of their Day Care Center Program was approximately one-half of the cost of total institutional care.

The Committee visited in the State of Pennsylvania the Wood School which is a Private Residence Institution for care, treatment and training of mentally retarded children and adults. This institution is recognized as one of the leading private institutions of this kind in the United States. The majority of the training and treatment methods employed at this institution, where the annual per capita cost is approximately $6,000 per year, are similar to the type treatment, training and care we observed at Day Care Centers.

After discussing our findings with the officials of the various State Departments who are charged with the responsibility of rendering serv ice to the mentally retarded children and adults in our State, this Com mittee makes the following recommendations:

(1) That enabling legislation be enacted during the 1963 Session of the General Assembly authorizing the Georgia State Department of Public Health to contract with any local non-profit organizations oper ating and maintaining a Day Care Center for the purposes of furnishing financial aid not to exceed 50 per cent of the cost of operation, profes sional guidance and direction and promulgating rules and regulations governing such Day Care Center.
(2) To include in the General Appropriations Act for the fiscal year 1963-64, an appropriation in the amount of $50,000 to the Georgia Department of Public Health to be used jointly by said Department and the State Department of Education for the purpose of conducting a survey and training program for personnel for Day Care Centers.
(3) To include in the General Appropriations Act for the fiscal year 1964-65, an appropriation in the amount of not less than $400,000 to initiate this program.
(4) Initiate plans to construct an additional institution similar to Gracewood.
(5) That a Committee be created by the 1963 General Assembly to continue the study and investigation relative to locating a site for such additional institution and to continue the efforts and recommendations set forth in this report.

130

JOURNAL OF THE SENATE,

The Committee is indebted to the following persons and organiza tions for their assistance:

Dr. John H. Venable, Director, Department of Public Health Dr. Norman B. Pursley, Superintendent of The Gracewood State
School & Hospital Dr. Mamie Jo Jones, Co-ordinator, Services for Exceptional Children Georgia Association for Mental Retardation Georgia Council on Mental Retardation

The Committee would especially like to commend Dr. Norman B. Pursley, Superintendent of The Gracewood State School and Hospital, for the outstanding job that he is performing as Superintendent of this School and for his untiring efforts in behalf of the mentally retarded in this State. The Committee is deeply grateful to Dr. Pursley for the pro fessional guidance given to this Committee and for his time and effort spent in meeting and traveling with this Committee.

Respectfully submitted,

/s/ Gaston V. Green Senator, 44th District
/s/ J. Floyd Harrington, Chairman Senator, 20th District
/s/ Harry C. Jackson Senator, 24th District
/s/ W. C. Long, Vice-Chairman Senator, 3rd District
/s/ E. Mullins Whisnant, Secretary Senator, 25th District

The following report of an interim committee, appointed in the 1962 session, Was filed with the secretary:

SENATE WATER POLLUTION COMMITTEE
January 7, 1963
The Senate Water Pollution Committee was created by Senate Reso lution 151 to study the degree of pollution in Georgia, factors contribut ing to said pollution, and to review the actions taken by agencies of State government in pollution control. In the course of committee meet ings and field reviews, a total of 25 man days were spent in active com mittee participation. Committee members are as follows:
Senator Dan F. Hart of the 53rd District, Chairman Senator Zell Miller of the 40th District Senator O. E. Raynor of the 4th District

THURSDAY, JANUARY 17, 1963

131

Water Pollution, particularly in the areas of municipalities and certain industries continues to be a threat to the economy and continued advancement of the State of Georgia. Industrial advancement will be restricted unless pollution of the streams and natural water supply in certain areas of the State is diminished.

The Committee was particularly concerned with pollution of the coastal area in the sounds and estuaries. The commercial interests in this area, especially the oyster industry, have been severely handicapped by increased pollution and the condemnation of areas for the sale of oysters on the Georgia Coast. A comparison of the total catch of oysters with our neighboring state of South Carolina shows the harvest of oysters to be ten times greater, and dollar value of the oyster industry to be over twenty times greater in this state than in Georgia. Much of this loss in revenue can be directly attributed to condemnation of oyster beds as a direct result of pollution from tidal streams.

In review of specific action taken by agencies of State government concerned with enforcement of Water Quality Laws, the committee ack nowledges and wishes to commend the recent actions by Dr. John Venable, Director of the State Health Department in his efforts directed toward pollution control in the State of Georgia. The Committee does feel in review of the pollution control actions, that additional strengthen ing legislation is necessary for satisfactory water pollution abatement.

The Committee would also like to particularly commend the long time efforts and actions by Mr. Fulton Lovell, Director of the Georgia Game and Fish Commission, for his continued interest and special efforts in the field of water pollution control. We feel that much of the progress made in pollution control is a direct result of the action taken by Mr. Lovell and the Game and Fish Commission in the pollution field.

RECOMMENDATIONS
1. That the Senate Committee on Water Pollution be a continuing body with the purpose of continued review of water pollution problems in the State of Georgia, and to monitor the actions taken by agencies of State government in pollution control.
2. That additional legislation or strengthened legislation be passed by the General Assembly to expedite control of existing pollution, and to prevent future pollution of streams and lakes.
Respectfully submitted,
THE COMMITTEE:
/s/ Dan F. Hart, Chairman /s/ Zell Miller /s/ O. E. Raynor

132

JOURNAL OF THE SENATE,

The following report of an interim committee, appointed in the 1962 session, was filed with the secretary:

FINAL REPORT
TO
LT. GOVERNOR GARLAND BYRD
ON
ACTIVITIES FOR PERIOD 1961-1962
BY
SENATE GOVERNMENT OPERATIONS COMMITTEE
Senator Wm. Malcolm Towson, Chairman Senator W. T. Jones, Secretary Senator Sam J. Gardner, Jr. Senator Harry C. Jackson Senator 0. D. Johnson
(Replacing Senator J. W. Claxton, resigned) John L. Fulmer, Consultant Room 321 State Capitol Atlanta, Georgia December 17, 1962
SUMMARY OF REPORT
A. ACCOMPLISHMENTS OF COMMITTEE
In the period of approximately two years, the present Senate Gov ernment Operations Committee, which terminates in January 1963, has contributed importantly to the future growth and prosperity of the State, to the welfare of its citizens, and to more effective local government.
FIRST ... It has secured a grant of $96,000 from the Area Redevel opment Administration to expand research on peach by-products, with a $500,000 Food Technology Center at Experiment, Georgia, pending.
SECOND . . . The committee's information on the problems of the peach industry, with recommendations for solution of the problems, was important in assisting the peach growers of Georgia to organize under the Commodities Promotion Act of 1961, thus effectuating a better mar keting program for Georgia peaches.
THIRD . . . The Committee worked through appropriate Georgia rep resentatives to obtain $500,000 for a greatly expanded Federal Horticul tural Laboratory at Fort Valley, Georgia, which will investigate:
a. Longevity of peach trees b. More desirable varieties of peaches for commercial purposes c. The processing of pecans and peanuts

THURSDAY, JANUARY 17, 1963

133

FOURTH . . . The Senate Government Operations Committee gathered information on the importance, requirements, government and operation of a Police Academy for Georgia. It then formulated a bill, based on these findings, and incorporated the most highly recommended provisions in this bill. The bill was introduced into the Senate and the Committee helped get this legislation enacted by the Senate Legislature. Over time, the Academy is expected to greatly up-grade officers of the law, to in crease their pride of profession, and to give the State a first class type of law enforcement. This will be reflected also in improved public rela tions on the part of officers of the law which may be expected to re dound to the benefit of the State's tourist business.

AND FIFTH . . . The Committee participated in hearings on legisla tive reapportionment and helped greatly in getting legislation enacted which will apparently meet Court requirements that one house of the legislature be proportionate to population.

B. RECOMMENDATIONS

1. Senate Internal Operations.
THIS COMMITTEE RECOMMENDS THE FOLLOWING AS A MEANS OF FACILITATING INTERNAL OPERATIONS OF THE STATE:
a. The purchase of one Zerox Machine and one IBM Executive Typewriter with paper ribbon to use in the Senate offices to improve and expedite the duplication of daily Senate calendars and status sheets during sessions. This will permit the office of the Secretary of the Sen ate to furnish copies of bills and other printed matter to senators at any time during the year.
b. The Secretary of the Senate be authorized to employ personnel to operate the aforementioned equipment in the most economical manner.
c. The Secretary of the Senate and his proper aides work in con junction with the Clerk of the House and his personal associates to de termine if the Senate should prepare its own composite status or cooper ate with the House on same.
d. The Secretary of the Senate prepare a daily status sheet similar to the one used by the Clerk of the House.
e. The President Pro Tern and the Floor Leader of the Senate be provided with proper office space to conduct their business, with suffi cient personnel to assist them.
g. The Senate retain a person fully qualified to operate expertly the present sound system in the Senate at all times while the Senate is in session.
g. The acoustic expert operating the sound equipment in the Senate be authorized to obtain any additional sound absorbers or equipment necessary to control the sound in a proper manner.

134

JOURNAL OF THE SENATE,

h. The Secretary of the Senate confer with the appropriate State authorities in an effort to regulate the temperature in the Senate Cham ber in such a manner that it will be best suited for the comfort of the members, avoiding either an over-heated or under-heated Senate Cham ber.

i. The Secretary of State make provision for a sandwich and milk bar on the third floor of the Capitol when the Georgia Assembly is in session. This is necessary in order to expedite the business of the Senate and House when they are in session and do not have time to leave the floor to obtain lunch.

j. The desk of the Secretary of the Senate located on the rostrum be equipped with adequate locks and keys so that important papers left there overnight will be properly safeguarded.

2. EXPANSION OF RESEARCH FUNCTIONS OF THE LEGISLA TIVE COUNSEL'S OFFICE.

Legislative Committees are an absolute necessity to the effectiveness of the State Legislature. A complex, rapidly changing science and tech nology, rapid population growth and urbanization and the attendant problems complicate the legislative function. In order that the State go forward rapidly and prosper, change must be adequately assessed in committee deliberations and reflected in legislative acts and appropria tions. No legislative Committee can operate without information and pertinent facts, based on fact-finding, hearings, and special investiga tions.

This Committee in the interest of committee efficiency and proper State progress, therefore recommends that Research Facilities of the Present Office of the Counsel be expanded to meet the needs of the Leg islative Committees. The function of this Service shall be provision of research and necessary fact-finding by experts in support of the work of the various legislative committees.

I. INTRODUCTION.
The age in which we live is a fast changing one and is subject to stresses and strains. Population growth is speeding up in Georgia with increased concentration of people in the State's larger cities. A few counties, mainly those near large cities such as Albany, Atlanta, Augusta, Columbus, Macon, and Savannah, or along the Coastal area of Georgia, are showing the greatest growth. While there is a tendency for popula tion growth to be confined to a few cities and counties in Georgia, more than two-thirds of the State's counties are suffering population decline, some quite sharp. Large population centers suffer from traffic conges tion, poverty, and a high crime rate.
But even more cataclysmic than population shifts is the pace of change in science and technology which affects most profoundly people, their institutions and their way of life. Scientists estimate that the scope of human knowledge has doubled in the last decade or so. This means that since Hiroshima, or in even a shorter time span, human knowledge,

THURSDAY, JANUARY 17, 1963

135

for good or bad, has advanced as far as it had in all previous history, i.e., several thousand years. Changing science and technology brings serious impacts on industry and commerce, methods of transportation, education and educational institutions, community and social organiza tion, and on forms of government.

A legislative body is regarded by the public in terms of its law mak ing and appropriations functions. But any change in a law, any increase or decrease in appropriations, and new enactments particularly, require study and deliberation. So many and so complex are the changes, that a legislative body can hope to accomplish hardly more than a fraction of what needs to be done in one session. Public pressure slows down the legislative process of course, but a deliberative body is inherently slow in arriving at legislative enactments. This problem is met in part by legislative committees which can specialize and spend more time studying any given problem. A committee can hold hearings, issue studies, prepare bills for legislative action, and support their enactment on the floor of the Senate. Committees are therefore in the interest of faster legislative action. They can better reflect in proposed legislation the social, popu lation, industrial, and technological changes as they affect legislative enactments, appropriations, new agencies of government created, and old agencies abolished or revamped. In fact, the efficacy, the efficiency, and the responsiveness of the entire governmental process depends upon leg islative committees and how effectively they operate.
The Senate Government Operations Committee is a Standing Com mittee of the Georgia State Senate. It is reconstituted with each new Senate. The present committee therefore came into bing in January 1961 in the normal two-year cycle of the Senate. It expires with the beginning of the next legislature which takes control January 1963.
In appointing the members of the Senate Government Operations Committee, Lt. Governor Garland Byrd specified that the Committee continue to give over-all attention to problems affecting the economic development of the State, with specific reference to: (1) A Police Acad emy, and (2) Peach Processing.

The members of the Senate appointed to this committee were:
Senator J. W. Claxton, 21st District, chairman Senator W. T. Jones, 23rd District Senator Sam W. Gardner, Jr., 47th District Senator Harry C. Jackson, 24th District Senator William Malcolm Towson, 16th District

In the Spring of 1962, Senator J. W. Claxton resigned to accept a position on the Pardon and Parole Board, and Senator O. D. Johnson, 46th District, was appointed to fill the vacancy. At the same time, Sen ator Towson assumed the chairmanship of the committee.

II. OPERATING METHODS OF THE COMMITTEE.
The Committee during the period concerned by the report employed four methods of data gathering and fact-finding: (1) Investigations,

136

JOURNAL OP THE SENATE,

(2) Hearings, (3) Committee Deliberations, and (4) Legal and/or Re search Consultants. Investigations included on-the-spot visits and in spections, and correspondence through the mail. On-the-spot investiga tions were employed both with the Peach Processing Project and the Police Academy. Two members of the Committee went with a group from the Georgia Department of Agriculture, University of Georgia Ex tension Service, and Peach Growers to study the very extensive and well-organized peach industry in California. Several packing sheds, can neries, cooperative exchanges, and dehydrators, as well as the Los An geles Wholesale Produce Market, were visited over a five day period. In Los Angeles, two chain store buyers of fresh produce were conferred with and a few specific stores in the city were visited in order to learn about produce displays, storage and pricing methods. In similar fashion, the operation of the Police Academy of Lexington, Ky., was studied by a member of the Senate Government Operations Committee. Data on the New York Municipal Police Training Council Program were obtained by the Committee's Legal Counsel.

Hearings on the Police Academy were held in Atlanta on May 15 (Organizational meeting of the Committee), June 2, June 23, and Oc tober 11, all in 1961. Except for the organizational meeting, experts from various state and private organizations gave information and offered suggestions.
Informal meetings of the Committee were also a method of digest ing information, taking stock, and determining the next steps. Often at these informal sessions, research experts would be invited to appear with data, reports, and samples. Drs. King, Woodroof, and several others from the University of Georgia, College of Agriculture, appeared with samples of various peach products in a December 1961 meeting. Research consultants appeared at the Conference in Athens, Georgia, November 20, 1961, to tell about research in progress on peaches, its status, and the research needs of peaches and peach products. In connection with the peach processing project, Dr. John L. Fulmer, Professor of Indus trial Management, Georgia Tech, was retained as consultant to prepare a report on the California studies,1 and also on the Peach Research Con ference 2 at Athens, November 20, 1961. Mr. Frank Edwards was re tained as Legal Counsel and Mr. Ed I. Bernd, as consultant on the Police Academy program.
Ill, COMMITTEE PROJECTS.
A. Peach Processing.
1. Problems of the Georgia Peach Industry.
The expansion of the peach industry in Georgia is not keeping pace with population growth by a large margin. From 1920 to 1960, Georgia's population increased 37 percent, but output of peaches, often experienc ing many lean years in the 1950's, was scarcely above the 1920 level.
^Study of Problems of the Georgia Peach Industry, including Recommen dations for a Program of Research and Development, Published by Sen ate Government Operations Committee, September 1961. ^Report on Peach Research Conference, Athens, Georgia, published by Georgia Department of Agriculture, February 15, 1962.

THURSDAY, JANUARY 17, 1963

137

Comparisons on the basis of total population ignore urban popula tion growth where the demand exists for high grade peaches at a good price. On this basis we find that in the 40-year period from 1920 to 1960, urban population in the United States increased 125 percent, or about two and a half times the growth in total population. Georgia's urban population during the period increased 200 percent, and the State now boasts of a city of one million. The striking change in the national and state urban population compared to a significantly smaller increase in the peach crop points up the problem of selling and marketing peaches throughout the country.

In the South other competitors with Georgia during part of its peach season are South Carolina, Tennessee, Alabama, Mississippi, Texas, and Arkansas. However, it appears that most of these states except South Carolina and Arkansas have been declining in peach output for a num ber of years. Tennessee and Mississippi in particular have had a sharp decline.

The following tabulation gives a statistical picture of peach produc tion trends for some of these states compared to national production:

Year
1919 1929 1939 1949 1959 1962

United States
50,686 42,827 56,576 74,818 74,339 75,806

California
21,550 17,400 32,428 35,211 38,838 43,545

Georgia
4,789 3,246 4,359 2,040 3,400 4,200!

South Carolina
390 690 2,043 2,300 5,500 7,000

By and large marketing methods employed in Georgia are those which have prevailed for many years. This runs contrary to a whole new set of attitudes and motivations of consumers brought on by radio and television. The housewives of this country have been moving rapidly toward the fairly expensive pre-prepared, pre-cooked, and other packing forms which favor labor saving and quickness of preparation in the kitchen. On the other hand despite growth of local markets in numbers and purchasing power, Georgia peach growers have done little to culti vate or develop a considerable potential volume relative to 2,000,000 urban consumers in Georgia.

Furthermore, there are problems created by low quality, sub-stand ard peaches, since great quantities of substandard peaches (Sizes below No. 1's) are not effectively kept out of the local markets for peaches in the Georgia area. The Peach Commission is moving in this direction.

2. INVESTIGATION OF PEACH INDUSTRY IN OTHER AREAS
Senators Claxton and Jones along with experts from the Georgia Department of Agriculture, University of Georgia Extension Service and prominent peach growers from Georgia visited the main peach grow-

J The value of the Peach Crop was 8.5 million dollars. Between years it varies from 8 to 12 million dollars.

138

JOURNAL OF THE SENATE,

ing and processing areas of California between July 23 and 29, 1961, for an investigation of the very successful and highly regarded Cali fornia peach industry. 1 It was studied from the farm through each stage of marketing onto shelves in retail stores. The group inspected farms and plants, and questioned managers, researchers and marketers in nu merous establishments during a five-day, hot, grueling period in the summer of 1961. We learned that farmers are better organized, research is broader and more extensive, packing and marketing are under mar keting orders as to quality, and sizable amounts of money are spent on market promotion. Through dehydration, canning and other methods (dumping with a detergent), substandard peaches and culls are kept from the market. Through high quality produce, market development and promotion, the large California markets at Los Angeles and San Francisco are being cultivated as exclusive home markets. This is a re versal of attitude on the part of farmers during the last fifteen years. Prior to that time, low quality peaches were dumped on the home markets.

Relative to the investigation of the consumer pack at Hancock, Mary land, and research projects in Washington, D. C., Senator Jones accom panied by Mr. Edgar Duke, President of the Peach Association, and a research consultant to the group, visited Hancock, Maryland, August 30, to view a demonstration of packing in consumer type packages from the Dillon orchards. Eight consumer type packs were being employed, pro viding for packages of peaches varying from 3 to 24 peaches. Prior to packing the peaches were washed, hydro-cooled, defuzzed, and graded as to size. The packs and wrap-over materials were supplied by Diamond National Corporation and the Reynolds Metals Company.

Consultations were held September 1-2 with Senator Russell's office and also with research personnel in the U. S. Department of Agriculture relative to an enlarged program of research. The representative learned that any enlargement of the program would have to clear through the normal budgeting channels of the Federal government. Experts sug gested that a first step to obtaining an enlarged program of research would be a stock-taking session to learn the needs of additional research in the peach industry. This was subsequently conducted at Athens, Geor gia, November 20, 1961.
The two reports which resulted from the field investigations, the Washington Conference, and the Athens research discussion and review have been cited above.

3. SOLUTIONS RECOMMENDED BY SENATE GOVERNMENT OPERATIONS COMMITTEE.
First, remedies of immediate application: Begin development of Georgia market demands for peaches by (1) upgrading quality shipped to Georgia markets; (2) advertising and promotion of Georgia peaches in the larger urban cities of Georgia; (3) apply strenuous efforts to establish firm marketing relationships with chain buyers in Atlanta and
x The high interest and fine cooperation of the California Department of Agriculture are shown by the assignment of four state vehicles and high ranking staff personnel to act as experts and official guides to the Georgia group.

THURSDAY, JANUARY 17, 1963

139

elsewhere; (4) provide merchandising assistance to chain buyers to push Georgia peaches into consuming- channels in Georgia and nearby states; (5) improve marketing relationships with market outlets outside the South; (6) remove substandard grades from farms by dehydration or other processes; and (7) upgrade the quality of peaches from orchards by hydro-cooling.
Second, short term research proposals designed to solve some urgent production and marketing problems: (1) experiment with the fancy pack; (2) market test a consumer's package with No. 1 Extras; and (3) promotion of consumer use of peach by-products.
Third, research recommendations designed to make the Georgia peach industry progressively more prosperous over the long run. These are: (1) Measurement of marketing potentials for fresh Georgia peaches; (2) determine the potentials for processing raw peaches into a manu factured product; (3) on the production side, research on quality up grading of Georgia peach orchards in order to better meet potential demands of the future; and (4) technological research into development of by-product uses for peaches.
The most promising by-product from peaches, according to Dr. J. G. Woodroof, Experiment, Georgia, is a peach concentrate. This has been accepted by a large Atlanta manufacturer as a stock for wine. The man agement of this plant is planning to go to full scale production. One national concern is considering mixing peach and orange concentrates for a breakfast drink. Peach concentrate is also widely used in the mak ing of ice cream.
4. ACCOMPLISHMENTS.
Three major accomplishments for peaches can already be attributed to the Committee. First, the Area Redevelopment Administration has made a grant of $96,000 to Dr. J. G. Woodroof for stepped up research on the peach concentrate and other peach by-products. This is a direct result of application to ARA for a grant by the Georgia Department of Commerce, with materials and research reports to accompany the appli cation supplied by the Committee. 1 In support of the grant for personnel is the contemplated Food Technology Center at Experiment, Georgia. Advance planning, including necessary design and blue print layout, provides working space and necessary equipment at an estimated cost of $500,000.
The second accomplishment is that Georgia Peach growers organized in April 1962 under the Commodity Promotion Act of 1961, into a Peach Commission. Under its authority, farmers tax themselves to support advertising and research. The overall program adopted by the Commis sion comprises four areas: quality control, research, education, and pro motion.
The third achievement of the Committee is an appropriation of $500,000 by the Federal government to enlarge the Fort Valley research
1 Senator J. W. Claxton, Chairman of the Committee, wrote a letter in support of the Proposal, directly to Mr. W. L. Batt, Administrator, Area Redevelopment Administration.

140

JOURNAL OP THE SENATE,

on peach varieties into a comprehensive horticultural laboratory. This laboratory will investigate factors affecting longevity of peach trees, and will expand the work on plant breeding to find more suitable com mercial varieties of peaches. It will also investigate problems involved in the processing of pecans and peanuts.

B. POLICE ACADEMY
1. Nature of the Problem.
There are an estimated 10.000 police officers, drawing pay ranging generally from $250 to $350 per month. Many hold elective office or are sometimes appointed without any specific qualifications. Some don't even know the proper care and handling of firearms. Public relations is a very important qualification for police officers, yet this characteristic is gen erally lacking. The attitude of an arresting officer has a vital effect on the public impression of the police and certainly tourists could be of fended to the damage of the public image by poor behavior on the part of officers of the law. With low pay and sometimes operating under an inferiority complex from lack of knowledge, receiving often the hostility of the public, the tendency is for low morale among police officers, ac companied by "lack of pride in the profession."

Many of these points are vividly illustrated by a letter to Lt. Gover nor Byrd from Mr. Salvant of the Atlanta Police Department. Extracts of this letter are given below:
It is the opinion of renowned police administrators across the country that the all-important first step in acquiring a good police man is selection. We must have dedicated men whose background is extensively investigated. Men who can pass tough physical and mental tests, and who are completely honest and incorruptible. They must be level-headed and possess a large amount of good old common sense. (These attributes will help the officer who has about ten seconds to make an on-the-spot decision as to an arrest or how much force he may use, only to have the case appealed all the way to the Supreme Court where these learned gentlemen will take five days to arrive at a 5-4 decision on whether the poor jerk was right or wrong.)
Next is training. With this fine raw material, the experienced police instructor must, in a few short weeks, produce a man that John Q. Public will accept and welcome to the community. The fledgling policeman must learn laws and ordinances; when he is permitted to arrest, search or seize; what types of evidence are ad missible in court; first aid to the injured; how to fire his weapon from the shoulder or the hip quickly and accurately, and with either hand; and a myriad of other subjects which he keeps neatly indexed in his notebook, ready for weekly inspection.
Next is supervision. This of course begins the day he is sworn in. It will continue throughout his career, but it is most pronounced during the probationary period, which may be from six months to a year. Several methods are used by different large departments, and each seems to have its merits and its drawbacks.

THURSDAY, JANUARY 17, 1963

141

Last of the "Big four" is public relations. No matter how well a police department does its job, and regardless of a reduction in crime or traffic deaths, if the public does not like the methods em ployed by the police in achieving these ends, bad public relations will be the result.

Last year I had to travel almost 500 miles to the University of Louisville, Kentucky, to attend the Southern Police Institute. I gained a great deal of knowledge while there, but I've often won dered why the metropolitan Atlanta area couldn't have the same type of institution on one of its college campuses.
--Extracted from letter addressed to Lt. Governor Garland Byrd, by Mr. S. L. Salvant, Jr., Sgt., Training Division, Atlanta Police Department, Atlanta, Georgia.

Rapid population growth in Georgia, concentrated at a few points, has led to traffic congestion and rise in crime rates, leading to increased demand for police protection and law enforcement. These pressures will grow.

2. INVESTIGATIONS.

In preparation for legislation on the Police Academy, the Commit tee relied primarily on Hearings. These were supplemented with infor mation coliected by a visit by one member of the Committee to the Police Academy of Lexington, Ky. Information on the operation of the Lexington, Ky., Police Academy was obtained through conferences with per sonnel in charge of the training. In addition, several important publica tions, cited at the end, were obtained on the Municipal Police Training Council Program for New York, and other data were obtained from Mr. Orrell York, Executive Director of the New York Police Academy. The most significant conclusions from Mr. York's letter to Legal Counsel Edwards are given below:

The concept of mandating a statewide police training program has been questioned in many other states where it is feared that opposition might result from the groups who hold that this is an invasion of home rule rights. However, we have found in our pro gram, which retains the highest possible degree of local autonomy and a minimum of state authority, that there has been practically no opposition to the provision in state law that police officers must satisfactorily complete a basic training course in order to retain their permanent status as police officers.

A very modest eighty-hour minimum course has been required of all newly-appointed officers. The mandated program, which went into operation on July 1, 1960, is now nearly one year old. We are pleased to report that as of this date, thirty-eight basic training schools have been completed or are in progress. Upon the comple tion of these schools, approximately nine hundred police officers will have received their basic training. This does not include the trainees from the New York City Police Department or the New York State Police, both being exempted from our program. Schools

142

JOURNAL OF THE SENATE,

have been available to new officers in every area of the State, this being accomplished with a minimum of travel or absence from duty on the part of the trainees.

Our Council has not yet entered the field of in-service training for the reason that it is deemed advisable to gain sufficient experi ence with the basic program prior to any expansion. It is entirely possible that we may become involved in the in-service type of train ing in the future, patterned somewhat along the same lines as fol lowed in our basic program.

Main reliance, however, was placed on expert opinion provided in three Hearings, dated June 2, June 23, and October 11, 1961. At the June 2, 1961, hearing, such experts appeared as Cols. Trotter and Con ner of the State Department of Safety, Mr. McCallum, President, Peace Officers' Association, and Mr. W. M. Hicks, Director, Vocational Train ing, Georgia Department of Eduaction. At the June 23, 1961 Hearing, in addition to Col. Trotter, there were also present, Mr. Elmer George, Executive Director, Georgia Municipal Association, and Mr. Hill Healan, Executive Director, Association of County Commissioners. The legal council from the Georgia Municipal Association presented the followingrecommendations :

The Georgia Municipal Association has not adopted any spe cific policy in regard to a State Police Academy, and the remarks of our representative here today are based on our own experience in talking with members of the Association and in accord with gen eral policy.

First, the importance of good law enforcement to the towns and cities of our State cannot be overstated.

The primary purposes of any municipality are the protection of life and property, and the promotion of the health and general welfare of its citizens. In order to fulfill these purposes, the elected officials must pass proper ordinances--unless these ordinances can be enforced fairly, firmly and impartially by a well-qualified police force, then these ordinances have little effect. The greatest effect of a well-trained professional law enforcement officer is that he dis courages those who would break the law by the very fact that he is qualified to uphold the law and the public knowing this, gives him their full respect.
We feel that the unqualified endorsement of a State Police Academy by the Georgia Municipal Association could be made only after some definite plans had been established; however, we can certainly say that the Association is in support of every effort to improve the professional ability of our police officers in order to gain for the Law Enforcement Profession the respect that it should have from the public, and that we are willing to work with this committee and all other appropriate groups to help accomplish this.
The following are some general ideas we feel should be con sidered in the establishment of a State Police Academy:

THURSDAY, JANUARY 17, 1963

143

(1) That the Academy should have the single objective of rais ing the professional and technical ability of the individual law en forcement officer of this state, and the administration and curricu lum of the Academy should be so established as to remove it from the influence of politics.

(2) That an investigation should be made as to the possibility of initially utilizing existing educational or other facilities to mini mize the initial cost.

(3) That the course of instruction not be made mandatory for local law enforcement officers initially.

(4) That local elected officials be polled to get a consensus of ideas as to methods which might be feasible for financing the tuition and other expenses of students.

(5) That studies of established Police Academies in other states be continued in order to gain as much benefit as possible from their experience.

Mr. Elmer George also assisted in sending out a questionnaire to a sample of cities in Georgia to learn of the interests of city Police De partments in a Police Academy. The following is a summary of the results:
Number of cities responding to questionnaire.,,------____________--_______ 49
Number of police officers represented--_____________________________,,.____951
Number of officers city would send to Police Academy first year--_________---- ___---------192 to 258
Number of officers city would send to Academy in future years.--___________________________________191 to 278
Range in number of police______----________ _____________ ____ ___ 1 to 258 Recommended share of cost to be borne by city--Number of cities Favorable to paying:

1. All costs ______________________________________________________________________________________ 18
2. 50 percent or more of costs.------------------------------ 17
3. Varying percentage of costs ________________________________________________ 12
4. None of costs-------------------------------------------- 2
The data show that 49 cities responded, having an average police force of 19, ranging from 1 to 173 police. Such small cities as Attapulgus and Baxley and large cities, as Augusta and Savannah, are represented. It is noted that these 49 cities alone are interested in sending 200 or more police annually to the Academy, and 71 percent are willing to pay 50 percent or more of the costs.
Resolutions in support of establishing an Academy were received from the Georgia Municipal Association and from the Peace Officers' Association.

144

JOURNAL OF THE SENATE,

3. RECOMMENDATIONS.

The Committee meeting of October 23, 1961, was for the purpose of summarizing results, agreeing on recommendations, and drawing up a bill. The recommendations agreed to by the Committee are as follows:

1. The Committee's study has shown that there is a definite need for a Police Academy for Georgia. It should provide training for all persons entering the profession of police officers and also provide ad vanced training and refresher courses.

2. The Academy should serve police officers of all levels of govern ment in the State and also those departments and branches of govern ment that are engaged in law enforcement.

3. The Police Academy should be controlled by a Board of seven members composed of: 1) Director, Department of Public Safety; 2) President, Peace Officers' Association of Georgia; 3) President, Georgia Municipal Association; 4) President, County Commissioners Association; 5) Director, Vocational Division, State Department of Education; 6) A Peace Officer to be appointed by the Governor from a list of three names to be submitted by the Peace Officers' Association; 7) A person to be appointed by the Governor.

This Board should set the policy and establish programs for the Academy.

4. Policies and programs of the Board should be administered by the Department of Public Safety which should have authority for the actual operation.

5. The location of the Academy should be determined only after an enactment of the Bill and a careful study of sites. As the Committee already has inspected several sites and is familiar with requirements and needs, we request that the President of the Senate delegate to the Government Operations Committee the authority to continue a study of sites and to select one after the legislation has been enacted.

6. The Committee recommends that training at the Police Academy not be mandatory for any police officer; however, there is an urgent need for formal training of police officers, and we believe that eventually training can be made mandatory.

4. ACCOMPLISHMENTS.
A bill was introduced in the General Assembly during the 1962 Session, as drawn by Legal Counsel Mr. Frank Edwards. This was passed and with the Governor's signature, a Police Academy for Georgia became a reality in a matter of time.
Colonel Conner, State Department of Safety, estimates that the number of officers provided for in dormitories in the present plans will

THURSDAY, JANUARY 17, 1963

145

be 76 rooming police. The training cycle will vary but State troopers will attend for 14-16 weeks.

Col. Conner stated December 7 in an interview that the Police Acad emy for Georgia is a great step forward in law enforcement in the State. It has been needed for many years. He listed the following specific impacts:
1. Sharp up-grading of officers.
2. Greatly improved public relations.
3. More efficient investigations of accidents.
4. Improved criminal detection.
5. Greater sense of pride in being an officer of the law.
6. Will make police work a profession.

C. COUNTY REAPPORTIONMENT.

After the legislature was called into Extra Session in April 1962, in response to a Court Decision, the House passed a resolution creating a Study Committee. The Senate did not concur, but the President of the Senate appointed the members of the Senate Government Operations Committee to work with the House Committee.

The Majority report from the Hearings provided for one represen tative from each county and 100 Senators apportioned according to popu lation. However, a majority of the Senate Government Operations Com mittee joined in a minority report which recommended that the House be held at its existing strength and the Senate be limited to 54 members. It recommended that the Senate should be proportionate to population with counties being rearranged into groups of approximately 75,000 population.

The final bill passed by the State Legislature in its September 1962 Extra Session was substantially the same as the minority report, with some modifications of the Senatorial Districts.

IV. REPORTS, HEARINGS, AND OTHER MATERIALS

A. Peaches
1. Development of Peach Products by Dr. J. G. Woodroof, Experi ment, Georgia, 3 pages. Reviews research on new peach products at the Georgia Experiment Station.
2. Study of Problems of the Georgia Peach Industry, September 1961, 54 pages, Published by the Committee. Summary report and rec ommendations. Includes four appendices. This report Summarizes: (1) Investigations of the California Peach Industry, including packing, can ning, dehydrating, and marketing channels; (2) Investigations of con sumer type packaging at Hancock, Md.; (3) Conference with Federal

146

JOURNAL OF THE SENATE,

Research officials; and, (4) Special information on the Georgia Peach industry.
3. Letter from Senator J. W. Claxton, Chairman, To Mr. W. L. Batt, Administrator, Area Redevelopment Administration, in support of proposal for research funds to support larger research programs on peach products at Experiment, Georgia.
4. Report on Peach Research Conference at Athens, Georgia, No vember 20, 1961, published February 1962, 51 pages.

B. Police Academy
1. Letters to:
a. Lt. Governor Byrd, from Mr. Winfred L. Godwin, Director, Southern Regional Education Board, dated April 25, 1961.
b. Lt. Governor Byrd, from Mr. S. L. Salvant, Jr., Sgt., Train ing Division, Atlanta Police Department, dated April 26, 1961.
c. Mr. Frank H. Edwards, Legislative Counsel, State of Geor gia, from Mr. Orrell York, Executive Director, Municipal Police Training Council Program for New York, dated May 29, 1961.
2. Committee Hearings and Deliberations
a. May 15, 1961, at 2:00 p.m.
This was an organizational meeting of Committee at which projects were specified. The Police Academy was discussed and Senator Jack son proposed four lines of investigation that were adopted. Senator Jones spoke on the poor status of the peach industry in Georgia and held up California as at the top in progress of all phases of peach production, processing, and marketing. Senator Gardner stated that he came to the Senate with the main objective of promoting indus trial development in Georgia. He thought that the Committee should find out what other states are doing to promote industrial growth. Senator Jones advocated a stronger Department of Commerce, ade quately financed with more highly qualified professional personnel.
b. June 2, 1961, at 11:00 a.m.
This was an open hearing on the Police Academy at which 13 State officials appeared and provided information and suggestions. Among the officials were Colonel Trotter, Director, Department of Public Safety; Mr. L. B. McCallum, President, Peach Officers' Association; and Mr. W. M. Hicks, State Department of Education. Representa tives of the press, radio and television were present.
c. June 23, 1961, at 11:00 a.m.
This meeting was a continuation in part of the June 2 session with mostly new persons, except Col. Trotter, giving information. The following organizations were represented:
Mr. Elmer George, Executive Director, Georgia Municipal Asso ciation

THURSDAY, JANUARY 17, 1963

147

Mr. Hill Healan, Executive Director, Association of County Commissioners
Several county commissioners were present also.
d. October 11, 1961.
Summary of hearings and recommendations for a bill were prepared. Five offers of sites for Police Academy were noted and recorded.
3. Resolutions.
a. Peace Officers' Association. This is undated. Proposed Police Academy is strongly endorsed, with recommendations made as to sponsorship and how the Academy should be operated.
b. October 25, 1961.
Board of Directors of the Georgia Municipal Association (in letter through Governor Vandiver's Office) endorses Police Academy, with recommendations and suggestions on its operation. The suggestion was made that local officials have a direct voice in the matter.
4. Publications and Digests relative to other Police Academies.
a. The Municipal Police Training Council Act, The State of New York, Executive Department, Albany, N. Y., August 24, 1959, 24 pages.
b. Our First Six Months--A Progress Report by the Municipal Police Training Council 1959 (July 1 to December 31), Executive Department, State of New York, 40 pages.
c. The Municipal Police Training Council Program for the Basic Training of Police Officers in New York State, as promul gated by Governor Nelson A. Rockefeller, February 4, 1960, 36 pages.
d. Annual Report 1959-60: Office for Local Government, State of New York, Executive Department, February 15, 1961, 20 pages.
e. The Municipal Police Training Program for the Basic Train ing of Police Officers in New York State, Office for Local Govern ment, Municipal Police Training Council, 155 Washington Avenue, Albany 10, N. Y., July 15, 1960, 38 pages plus vi.
f. York, Orrell A., The Municipal Police Training Council Pro gram, Observations and Comments. This report is undated but pre sumably carried date in summer of 1961. Mr. York is Executive Director of the Municipal Police Training Council. He reports on a mandated program in which 38 schools are completed or in process in which 900 officers will be trained the first year.
g. Training of Law Enforcement Officers in various states, Research Memorandum No. 1 on Proposal No. 9, Research Depart ment, Arkansas Legislative Council, May 22, 1956, Little Rock, Ark., 20 pages.

148

JOURNAL OF THE SENATE,

5. Senate Bills
a. Municipal Police Training Act, suggested State Legislative Program for 1961.
b. Police Training Academy, Senate Bill introduced by Com mittee in Georgia State Senate in 1962 and enacted.

C. Reapportionment of the State Legislature.
1. Report of the Reapportionment Study Committee (H.R. 44, April 1962, Extra Session). The Senate Government Operations Committee was designated by the President of the Senate to meet with the House Reapportionment Study Committee.

2. Minority Report. This report strongly ascribed to by a majority of the Senate Government Operations Committee, proposed that the House strength be maintained and that the Senate, limited to 54 mem bers, be apportioned on the basis of about 75,000 population.
3. Separate Minority Report.
4. A Bill--to provide for method of electing Senators in 1962 Gen eral Election.
5. A Resolution proposing a Constitutional Amendment to provide for the number and terms of members of the General Assembly.

The following report of an interim committee, appointed in the 1962 session, was filed with the secretary:
FINAL REPORT of the
Senate Penal and Correctional Affairs Committee
December 5, 1962
TO: His Excellency, The Honorable Garland T. Byrd Lieutenant Governor of Georgia and President of the State Senate
Dear Mr. President:
The Senate Penal and Correctional Affairs Committee herewith makes its final report.
We are offering this report after two years of observing the Georgia Penal system in operation and comparing it with similar institutions in other states.

THURSDAY, JANUARY 17, 1963

149

Since our last report, this Committee has continued its surprise onthe-spot inspections. Because the Georgia penal system is composed of nearly 80 prison camps operated by as many counties and 19 prisons operated by the State, through the State Board of Corrections, we did not have the time to make careful inspections of all. Thus, we decided to make surprise visits at some county camps, state prison branches and the principal prison at Reidsville, and therefore get a comprehensive look.

Instead of giving a lengthy report on each of the places visited, we have decided to give you our conclusions concerning county public works camps, state prison branches and the main prison, and, at the same time, calling attention to individual defects in administration or equipment as we detected them.

COUNTY PUBLIC WORKS CAMPS
Our inspections at many of these camps indicated that the counties realize that, in order to get a good day's work out of these convicts, it is necessary to provide good food. Therefore, we found the food uniformly adequate as to quality and quantity.

Many of these camps could stand improving in their living quarters, in order to bring them up to the fine standards of the state prison branches. However, most of the counties are not in any financial condi tion to make these expensive improvements. It is our conclusion that they are doing the best they can under the prevailing conditions.

However, as concerns individual clothing and bed clothing, we found many of these camps using dirty uniforms and even dirty linen in the dormitories. We believe this condition should be corrected at once. We strongly recommend that all convicts be dressed in the same type of uni form. We noticed at Reidsville a fine tailor shop that has sufficient facilities to make uniforms for all the prisoners in the county camps. We were surprised to learn that the State Board of Corrections does not have authority to compel the county operated camps to get the state uniforms even though the Board of Corrections can furnish them cheaper. We feel that legislation should be passed to require all counties to requi sition inmate uniforms from the central prison's tailor shop and be billed for them accordingly. We also understand that bed linen is available through the same shop at considerable savings. In any event the county camps should keep clean what linens they do have.

The conditions described were found to be more noticeable in the Randolph county camp than any others we visited. We also noted the hot water system was in poor condition at the Randolph county camp and actually dangerous.

STATE OPERATED PRISON BRANCHES
We noticed a marked difference between the county operated camps and those operated by the State Board of Corrections. These State camps all have fine food, excellent living quarters (except two which will be cited later) and the prisoners are kept well uniformed and clean. We

150

JOURNAL OF THE SENATE,

noticed only one inadequacy in bed clothing and that was the poor con dition of the blankets in the Ware Prison Branch. However, we learned that this condition has since been corrected and that new blankets have been made available.
The Montgomery Prison Branch was not as tidy as the others and there was an obvious need for ventilating fans at the Leesburg Prison Branch. We believe that the situation at the Montgomery branch can be corrected without any additional supplies or equipment. We noted some friendliness between the inmates and some guards at the Decatur Prison Branch. This is against Director Forrester's policy and should be avoided.
If we have any criticism at all of the state operated camps it would be that some of them are too nice. For instance, at the Valdosta Branch some of our committee, who have been in the armed services, observed that they never had it that good in the army or the navy. This place looked like a modern YMCA, with the prisoners and personnel in im maculate clothing, with sports recreation, library and TV. One of the prisoners agreed that it was very nice indeed, but that he would be glad to swap it all for the key to the front door! Your committee stayed at a fine motel at Valdosta and we were astonished to see the prisoners have as good bathing facilities as we had. That is what led us to the observa tion that maybe some of these places are too nice.
There were two bold exceptions among the uniformly well operated state camps. We feel that the wooden buildings at the Wayne and Telfair Prison Branches should be replaced at once with safe modern build ings. The State was embarrassed some time ago when a group of prison ers at the Wayne Branch managed to escape by cutting the wire parti tions with pliers. This condition has been corrected by the substitution of steel bars, which however, only tend to make more unsafe the wooden barracks in which the inmates are housed. The Telfair branch is the poorest of all and its wooden buildings should be replaced immediately or the prisoners moved elsewhere.
JUVENILE PRISON AT ALTO
We visited the Georgia Industrial Institute at Alto and left with a feeling of pride in what the State Board of Corrections is doing to reha bilitate more than 700 boys, all of whom are under 19 years of age. They are equally divided as concerns races.
The State is operating there the only school of its kind in the prison field. This pioneer school is financed by the State Board of Education and is operated by the Habersham County Superintendent of Schools with certified teachers and on a fully accredited basis. A diploma from this school, which has been named the Jack M. Forrester School in honor of the director who conceived it, and worked for years to get it built and operating, will permit the boy who earned it to enter any institution of higher learning in this State.
The new school building is about 95% complete and the boys will move into it soon.
Now that their academic education has been provided for, we wish to emphatically endorse the program of the Board of Corrections for the

THURSDAY, JANUARY 17, 1963

151

establishment of a complete vocational education department on the same basis as the academic department. We just as vigorously endorse the Board's insistence on emphasizing vocations for which there is a demand in the labor market, thus assuring the boy graduate a fair opportunity to make a decent living and avoid getting into trouble again.
This committee discovered an exceptionally large number of really dedicated employees in the system, but it is felt that the people will be especially pleased to know that those in charge of trying to do some thing for the juvenile offenders are the most dedicated of all. These include Supt. Walter Matthews and his staff and the Forrester School teaching organization headed by Prof. Jack Coffee. Likewise, the ath letic coaching staff is just as dedicated and enthusiastic.
The school officials told us that they had entered into their contracts with some misgivings. In a short time, however, they were surprised to note that their students were above average in many respects and that they did not have many of the problems faced by teachers in so-called free schools. One problem they have not had at all is that of discipline. Supt. Matthews has developed such a fine attitude in his charges ihat they are of little or no trouble to the teaching staff.
There is one serious problem at Alto, however, that should be given immediate attention if the school is to keep its fine teaching staff and add other competent teachers. That is the problem of off-campus hous ing. The faculty will soon be 20 or more, with as many families involved, and there is just not any decent housing to be had within 20 miles. The teachers told us that off-campus housing is a must if the quality of the faculty is maintained. We urge, therefore, that the appropriate state agency, possible the State Penal and Rehabilitation Authority, look into this matter at once, particularly with the idea of securing a federal grant for a housing development near Alto.
This committee desires to emphasize that the Board of Corrections has no jurisdiction whatever over any prisoners, including juveniles, until their sentences have been passed and the cases finally adjudicated, which means they have to stay in jail until their appellate time has expired. Thus, until juvenile offenders are actually turned over to the State Board of Corrections, these officials are not in position to remove these juveniles to Alto. The records show that the Board of Corrections is alert to this problem and there is no delay on the part of these offi cials in taking charge of juveniles committed to their care.

GEORGIA STATE PRISON, REIDSVILLE
We have heretofore reported on our previous investigation of the main prison at Reidsville, but we should like to add a word or two con cerning recent improvements.
The two new cell blocks with 480 individual cells have just been completed at a cost of $650,000. They were built entirely by inmates at a saving of more than a million dollars to the taxpayers.
We have not seen anywhere the equal to these new cell blocks. They are the most modern in the nation and a real credit to the Georgia prison system.

152

JOURNAL OF THE SENATE,

It should be noted here also that the special committee of farm ex perts appointed by Gov. Ernest Vandiver and headed by Agriculture Commissioner Phil Campbell, made a thorough study of the Reidsville farm operation and hailed it as a model of efficiency.

We noted, too, that the auto tag department has been modernized with the addition of new machinery that not only produces more tags but eliminates hazards to the safety of those inmates operating it.

We feel that the medical staff is justified in insisting upon a sepa rate building for the hospital, which at present requires space seriously needed for administrative purposes. Therefore, we endorse the proposal, in the new budget, for the erection of a $200,000 building for the hospital in a separate building on the prison grounds.

The area occupied by the hospital now could very well be used for the night school proposed by the Board's education department.
This educational program is one that is seriously needed and we hope that sufficient funds will be made available in the new administra tion to place it in operation.

ROCK QUARRY PRISON, BUPORD
As at all other institutions your committee appeared unannounced at the maximum security prison for incorrigibles at Buford and in spected the entire premises, talked with many inmates and examined the food.
This prison is operated efficiently but humanely. We were much impressed by the sharp appearance of the guard force and their dili gence. For instance, each of us was thoroughly searched before being admitted. We were not offended and commend those in charge. This is a procedure we feel should be carried out at all prisons that do not now "frisk" every one.

SEPARATION CENTER
Director Jack M. Forrester and his associates impressed upon us the urgency of the need for a Classification and Reception Center to be located near the state hospital at Milledgeville or Talmadge Memorial hospital at Augusta. This center would receive all felony prisoners and send them through an exhaustive physical and mental examination and character and personality analysis. All physical defects, including such surgery and dental work as required, would be corrected. Each would be given psychiatric and psychological examinations. Complete records would be maintained of each inmate and none would be assigned to a work project until all physical defects had been corrected, he had been thor oughly tested mentally and morally, clothed in a standard prison outfit, and a report received from the FBI concerning his previous record.
The way convicts have to be assigned now, going directly from local jails to work camps, often results in poor records being secured. This would be eliminated by the reception center.

THURSDAY, JANUARY 17, 1963

153

We are convinced that this center would be a progressive step and strongly endorse its construction as soon as the necessary funds become available. We suggest that investigation be made with reference to get ting this built under a federal matching program.
SOLITARY CONFINEMENT, "IN THE HOLE"
The Concise Edition of Webster's New World Dictionary defines the "hole" as follows: A prison cell.
In view of considerable publicity regarding the "hole" in Georgia Prisons, this committee made a thorough investigation, and found they are almost exactly the same as the "holes" in the Federal Prisons, if indeed, the Georgia cells are not better because they appear to have more light. We find that the expression "the hole" is one used universally by criminals to mean solitary confinement. We inspected the different types of Georgia Prisons and found in each of them "holes" for the solitary confinement of those individuals who violated the prison rules or could not get along with their fellow prisoners. We inspected "holes" in several other states and Federal penitentiaries, including the U. S. Penitentiary in Atlanta. We found that the Georgia facilities for isola tion were generally about the same as the Federal provisions, except that in some phases the U. S. isolation conditions were more severe than Georgia's.
We are glad of this opportunity to inform the people of Georgia that the prisoners in this State are not cast into holes in the ground or sewerlike dungeons as some have attempted to picture our prisons.
ADMINISTRATION
We inspected the main office of the Board of Corrections in Atlanta and interviewed Director Forrester and his staff. We found all records in order and all funds properly accounted for.
We conclude our tenure with unqualified commendation of Director Forrester and his associates. We feel they have done an exceedingly fine job and merit the support of all good Georgians.
This committee has voted to publish this report as a paid advertise ment in the Atlanta Newspapers, so that the people will have an oppor tunity to know the facts about our prison system.
Respectfully submitted,
THE SENATE PENAL AND CORRECTIONAL AFFAIRS COMMITTEE
/s/ J. T. Daily, list Dist., Chairman, Cuthbert
/s/ Jack Bell, 10th Dist., Vice-Chairman, Leesburg
/s/ C. E. Waters, 41st Dist., Secretary, Ellijay
/s/ C. E. Dews, 9th Dist., Edison /s/ John C. Peterson, 15th Dist.,
Ailey

154

JOURNAL OF THE SENATE,

Senator Smalley of the 28th moved that the Senate do now adjourn, and the motion prevailed.

The president announced the Senate adjourned until 12 o'clock noon Monday morning.

MONDAY, JANUARY 21, 1963

155

Senate Chamber, Atlanta, Georgia, Monday, January 21, 1963.

The Senate met pursuant to adjournment at 12:00 noon today and was called to order by the president.

Scripture reading was offered by Dr. Stanley Hahn, pastor, First Baptist Church, Dublin, Georgia.

Prayer was offered by Reverend Guy K. Hutcherson, pastor, First Methodist Church, Moultrie, Georgia.

The roll was called, and the following- senators answered to their names:

Brewer Broun of 46th Brown of 34th Byrd Carlton Carter Coggin Conway Downing Ellis Fincher Fuqua Gayner Gillis Gordy Hall Harrison Heard

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Knox Lee Loggins Maclntyre Miller Moore McKinnon McWhorter Noble Oliver Owens

Pannell Pelham Phillips Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Webb Wesberry Yancey Young Zorn Mr. President

Senator Pelham of the 10th reported that the journal of Thursday's proceed ings had been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Pannell of the 54th 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.

156

JOURNAL OF THE SENATE,

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 23. By Messrs. Smith of Grady and Bolton of Spalding:
A resolution expressing appreciation for the open house at Athens; and for other purposes.

HR 24. By Messrs. Smith of Grady and Bolton of Spalding:
A resolution expressing appreciation to the officials of the Georgia In stitute of Technology; and for other purposes.

HR 25. By Messrs. Smith of Grady and Bolton of Spalding:
A resolution expressing appreciation for the Institute for Legislators; and for other purposes.

HR 26. By Messrs. Smith of Grady and Bolton of Spalding: A resolution expressing appreciation for the dinner during the Institute for Legislators; and for other purposes.
The following resolutions were read and adopted:
SR 10. By Senator Jackson of the 16th: A resolution relative to the presentation of a gavel and Holy Bible to Senator and former Lieutenant Governor Garland T. Byrd; and for other purposes.
WHEREAS, Senator and former Lieutenant Governor Garland T. Byrd in his capacity as President of the Senate for the past four (4) years has distinguished himself as a faithful and devoted public servant; and
WHEREAS, Honorable Garland T. Byrd has acted with complete impartiality in the deliberations of this Body and has treated all mem bers of the Senate with equal fairness; and

MONDAY, JANUARY 21, 1963

157

WHEREAS, it is only fitting that Honorable Garland T. Byrd should have the gavel which he used while presiding over the State Sen ate; and

WHEREAS, it is only fitting and proper that he should be pre sented with the Holy Bible upon which the members of the Senate have taken their solemn oath of office during the term of Honorable Garland T. Byrd as Lieutenant Governor and as President of the Senate.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that as a token of the appreciation and esteem of the members of the 1963 Session of the General Assembly, Honorable Garland T. Byrd, former Lieutenant Governor and President of the Senate, presently Senator from the 17th Senatorial District, is hereby presented the gavel, appropriately engraved, and the Holy Bible which were used during his administration.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to deliver the said gavel, Bible and an appropriate copy of this resolution to the Honorable Garland T. Byrd.

SR 11. By Senator McWhorter of the 43rd: Invitation to Thomas Jefferson and Andrew Jackson Dinner.

SR 12. By Senator Jackson of the 16th:
A resolution relative to placing United States Highway No. 80 from Columbus, Georgia, to Macon, Georgia, in the National System of Inter state and Defense Highways; and for other purposes.

The following bills and resolutions were introduced, read the first time and referred to committees:

SB 5. By Senators Pannell of the 54th, Jackson of the 16th, and Smalley of the 28th:
A bill to authorize the State and all its agencies, within constitutional limitations, to make available, in certain instances, services, assistance, funds, property and other incentives to counties and municipalities who consolidate and merge; and for other purposes.
Referred to Committee on Rules.

SB 6. By Senators Pannell of the 54th, Jackson of the 16th, and Smalley of the 28th:
A bill to authorize the Governor, within Constitutional limitations, to direct and effectuate the consolidation and merger of any one or more departments, agencies, commissions, of this State; and for other purposes.
Referred to Committee on Rules.

158

JOURNAL OF THE SENATE,

SB 7. By Senator Miller of the 50th:
A bill relating to the qualifications of county school superintendents, so as to change such qualifications: and for other purposes.
Referred to Committee on Educational Matters.

SB 8. By Senator Miller of the 50th:
A bill relating to the procedure for filling vacancies occurring in the office of county superintendent of schools in any county, so as to change the procedure for filling vacancies as may occur in such office in any county; and for other purposes.
Referred to Committee on Educational Matters.

SR 9. By Senators Pannell of the 54th, Jackson of the 16th, and Smalley of the 28th: A resolution creating the "Governor's Commission for Efficiency and Improvement in Government"; to provide for the appointment of mem bers thereof; and for other purposes.
Referred to Committee on Rules.
The following bills and resolutions were read the second time.
SB 1. By Senator Kidd of the 25th: A bill to declare it unlawful for any person charged with commission of a criminal offense to forfeit bond and fail to appear in court, especially if he shall fail to appear because of leaving for another State; to provide penalties; and for other purposes.

SB 2. By Senator Kidd of the 25th: A bill to amend an act providing for compulsory school attendance so as to increase the maximum age of children within the State compelled to attend school.
SB* 3. By Senator Kidd of the 25th:
A bill to amend an act known as the "Aid to Dependent Children Act" so as to change the definition of the term "Dependent Child"; and for other purposes.
SB 4. By Senator Zorn of the 6th:
A bill to amend chapter 89-5 of the Code of Georgia, relating to vacan cies and resignations of public officers, to provide a procedure for sus pending and removing any officer upon conviction of moral turpitude; and for other purposes.

MONDAY, JANUARY 21, 1963

159

SR 6. By Senator Byrd of the 17th:
A resolution amending the Senate Rules by adding a new rule relative to committee travel; and for other purposes.

SR 7. By Senator Pannell of the 54th:
A resolution proposing an amendment to the Constitution so as to pro vide for four (4) year terms for State Senators; to provide for a refer endum; and for other purposes.
The following report of the Committee on Judiciary was read by the secretary:
REPORT OF THE SENATE JUDICIARY COMMITTEE ON THE CONTEST RELATIVE TO THE THIRD SENATORIAL DISTRICT
Mr. President--Your Committee on Judiciary has had under con sideration the matter referred to it on January 16, 1963 to-wit: The contest between Mr. Joseph J. Tribble, contestant, and Mr. Harris Slotin, contestee, respecting the Senate seat for the Third Senatorial District of Georgia, and begs leave to make the following report:
On January 16, 1963, all members being present, this committee held a public hearing at the Capitol. At this hearing Mr. Tribble was per sonally present and was also represented by counsel, Mr. R. C. Haupt and Mr. James Head. Mr. Slotin was, likewise, personally present and represented by counsel, Mr. Malberry Smith and Mr. Kirk McAlpin.
Counsel for both parties agreed before the Committee to submit the contest on the record as received from the Governor, so that no further oral testimony was taken. Counsel for Mr. Tribble offered in evidence three documents: (1) Mr. Tribble's application for homestead tax ex emption dated March 29, 1961, (2) Mr. Tribble's property tax return for 1962, and (3) a certificate of Martha C. Winn, Deputy Registrar of Chatham County, dated January 7, 1963, relative to Mr. Tribble's resi dence. Counsel for Mr. Slotin conceded the authenticity of these docu ments, but objected to their relevancy. The Chairman received these documents in evidence subject to the objection.
At the request of the Chairman, the Legislative Counsel's office furnished each member of the Committee with a photocopy of the record in this matter. Also, at the request of the Chairman, counsel for each party furnished each member of the Committee with an outline of con tentions, including citations of authority.
The Chairman announced that each party would be allowed fortyfive minutes of uninterrupted oral argument, to be followed by questions from members of the Committee, and then to be followed by questions from any other members of the Senate present. He announced further that, at the close of the questions, the Committee would take the matter

160

JOURNAL OF THE SENATE,

under advisement and meet again at 9 A.M. on Monday, January 21, 1963, to consider its final report in the matter. In accordance therewith, counsel for both parties presented their oral arguments, were questioned by members of the Committee and other Senators present, and the meet ing was adjourned to the time specified. The Committee reconvened at the time specified and considered the record in the matter and the argu ment and authorities of counsel for both parties.

Jurisdiction
The Constitution of the State of Georgia prescribes that the Senate "shall be the judge of the election, returns, and qualifications of its mem bers". (Paragraph I, Section VII of Article III, Georgia Code Ann. 2-1901) Both the Supreme Court of Georgia and the Court of Appeals have held that each house of the General Assembly has exclusive juris diction to determine the qualifications and eligibility of its members. Rainey v. Taylor, 166 Ga. 476; Fowler v. Bostick, 99 Ga. Ap. 428.

Applicable Statutes
The Act approved October 5, 1962 (Ga. Laws, Sept.-Oct., 1962, Ex. Sess., p. 7, 30) prescribes:
"Each Senator must be a resident of his own Senatorial Dis trict ...

"Any person offering as a candidate for Senator in a District composed of one county or less, must have been a resident and a registered voter of such District for the twelve (12) months imme diately preceding the date of the general election . . ."

The Resolution approved October 8, 1962 (Ga. Laws Sept.-Oct., 1962, Ex. Sess., p. 51), proposing an amendment to the Constitution, which amendment was adopted in the General Election of November 6, 1962, prescribes:
"An Act providing for the reapportionment of the State Senate, enacted by the General Assembly at the extraordinary Session which convened on September 27, 1962, which Act made special provision for the election of Senators for the 1963-64 term (i.e., the Act ap proved October 5, 1962, and set forth above) and all elections held thereunder, are hereby ratified."

In addition to the above statutes, Article III, Section V, Paragraph I of the Constitution of Georgia provides:
"The Senators shall be citizens of the United States, who have attained the age of twenty-five years, and who shall have been citi zens of this State for four years, and for one year residents of the district from which elected.",

and Article III, Section IV, Paragraph VII provides:
"The seat of a member of either house shall be vacated on his removal from the district or county from which he was elected."

MONDAY, JANUARY 21, 1963

161

STATEMENT OF THE CONTEST
On November 21, 1962, Mr. Joseph J. Tribble, proceeding under Sec tions 34-2801 and 34-2901 of the 1933 Code of Georgia Ann., filed appro priate notices of his intention to contest the election of Mr. Harris Slotin in the November 6, 1962, general election for the office of Senator from the Third Senatorial District, and a copy thereof was filed with the Judge of the City Court of Savannah on November 28, 1962. Mr. Slotin re sponded by filing a Motion to Dismiss said notices. In due course hearings were held, testimony taken, documents introduced and the record thereof transmitted to the Governor and, in due course, to the President of the Senate in accordance with the aforesaid code sections.

The substance of Mr. Tribble's allegations are that, though Mr. Slotin in said general election received a majority of all votes cast by the voters of Chatham County for the office of Senator from the Third Senatorial District of Georgia, Mr. Slotin was not qualified to seek said office in that he was not, for the twelve months immediately preceding November 6, 1962, a resident of, or a registered voter in, said Senatorial District as required by the applicable statute; that he, Mr. Tribble, was qualified in these respects; that he was the only qualified candidate for said office in said general election; that the election of Mr. Slotin should be declared null and void; and that he, Mr. Tribble, should be declared the duly elected candidate for such office, being the only other qualified candidate in said election.

In response to Mr. Slotin's Motion to Dismiss, it is the opinion of the committee that Mr. Tribble in following the aforesaid code sections has pursued the only remedy available to bring the qualifications of Mr. Slotin in issue before the Senate, and this committee is not disposed to dismiss this contest on account of the procedures employed by him, if, indeed, they are inappropriate.

QUESTIONS FOR DETERMINATION
1. Is Mr. Harris Slotin qualified for membership in the Senate as Senator from the Third Senatorial District?

2. If not, is Mr. Joseph J. Tribble entitled to be seated as Senator from the Third Senatorial District?

3. If neither Mr. Slotin nor Mr. Tribble is entitled to be seated as Senator from the Third Senatorial District, what determination should the Senate make with respect to the seat in the Senate assigned to the Third Senatorial District?

OPINION OF THE COMMITTEE
At the oral argument, Counsel for Mr. Tribble made it clear to the Committee that Mr. Tribble had abandoned any contention for election on the basis of his having received the highest number of votes cast in the General Election by voters residing solely within the limits of the Third Senatorial District. According to Mr. Tribble's Counsel, too, they do not contend that some particular votes cast for Mr. Slotin are void

162

JOURNAL OP THE SENATE,

and, when eliminated from the count, result in Mr. Tribble's having re ceived the highest number of votes cast by all voters in Chatham County. It is Mr. Tribble's contention, as the Committee understands it, that Mr. Slotin, for the twelve months immediately preceding the date of the general election, was neither a resident of the Third Senatorial District, nor a registered voter therein, that for either one of these reasons Mr. Slotin was not qualified to be a candidate, that all votes cast for Mr. Slotin are, therefore, void and that, when these votes are eliminated from the count, it results in Mr. Tribble's having received the highest number of votes cast by all voters in Chatham County for any qualified candidate.

On the other hand, at the oral argument, counsel for Mr. Slotin con ceded, and it is borne out in the record (Hearing of Nov. 28, 1962, page 4 and 5), that for the twelve months immediately preceding the date of the general election Mr. Slotin was not a registered voter of the Third Senatorial District. It is their contention that Mr. Slotin was for said period, and is, a resident of the Third Senatorial District, and that this alone is legally sufficient. In their written summary of their argument, they contend that the requirement of the 1962 Act that Mr. Slotin be a registered voter in that District is unconstitutional and of no effect in view of Paragraph I, Section V of Article III (Ga. Code Ann. 2-1601) imposing only requirements of age and residency. While contending it is irrelevant, they do not dispute that Mr. Tribble was for the required period a resident of, and registered voter in, the Third Senatorial Dis trict; they contend, however, that Mr. Tribble is not entitled to be seated because he did not receive the highest number of votes cast by all voters of the county.

The Committee is of the opinion that the constitutional amendment adopted in the November 6 general election cures any constitutional defect which may have existed prior thereto in the Act approved October 5, 1962, and validates, the additional requirement of registration as a voter in the District involved. On this point the Committee is persuaded by the decision of the Supreme Court of Georgia in Hammond v. Clarke, 136 Ga. 313. This Committee is of the opinion that the Senate is not the proper tribunal to adjudicate the constitutionality or unconstitutionality of any Act of the General Assembly, and the Senate must presume that the Act approved October 5, 1962, is constitutional unless and until an appropriate court has adjudicated it otherwise. Since it appears undisputedly that Mr. Slotin was not for the required period a registered voter in the Third Senatorial District, it is the opinion of the Committee that Mr. Slotin was not an eligible candidate as required by the Act ap proved October 5, 1962.
On the question of Mr. Slotin's residency, it appears that for twelve months preceding the November 6, 1962 general election Mr. and Mrs. Slotin maintained two homes for themselves and their family--one in Savannah in the First Senatorial District and the other at Savannah Beach in the Third Senatorial District. (Hearings of November 28, 1962, pages 1-13; Hearings of December 5, 1962, pages 37, 38)
In the statutes and Constitutional provisions relative to voting the word "residence" means domicile; a man may have several residences but only one place of domicile; there must be a concurrence of actual

MONDAY, JANUARY 21, 1963

163

residence and intention to remain to acquire a domicile. Avery v. Bower, 170 Ga. 202.

This record shows that Mr. Slotin maintained an actual residence in both the First and Third Senatorial Districts. At which one of these residences did he intend to be domiciled?

On behalf of Mr. Slotin, the evidence as to his intent is that on October 10, 1962, in qualifying for the October 16, 1962, Democratic Pri mary he, under oath, certified that he was at that time a legal resident of the Third Senatorial District and was legally qualified to seek and hold office as Senator for that District. (Hearing of November 28, 1962, page 11; Exhibit C-16) The Committee takes this to assert that for twelve months immediately preceding November 6, 1962, he maintained a home at Savannah Beach, in the Third Senatorial District, with the required intent that it be his domicile. The only other evidence pointing directly to the establishment of his domicile in the Third District was the testimony of Mr. Bernie Slotin, Mrs. Marian Lane, Mrs. Harris Slotin and Mr. Thomas E. Stewart, and to the Committee the testimony of these witnesses appears at best inconclusive on the precise question
of his domiciliary intent.

However, Mr. Slotin has expressed himself in other ways prior thereto and within the required twelve month period. In this connection, the record shows the following facts, no one of which needs be taken as conclusive, but in the aggregate they lead the Committee to the conclu sion that Mr. Slotin did not, for the twelve months immediately preced ing November 6, 1962, maintain his Savannah Beach home in the Third Senatorial District with the required intention that it be his permanent residence.

First, Mr. Slotin on February 6, 1962, claimed and presumably was awarded, the homestead property tax exemption for the property occu pied by himself and his family in Savannah and not for the property occupied by himself and his family at Savannah Beach. (Exhibit C-3) The homestead exemption statute itself (Ga. Code Ann. 92-233 (h)) sets out the prerequisites for claiming, and prescribes the legal effect of being awarded a homestead property tax exemption in the following language:

". . . the homestead exempted must be actually occupied as the permanent residence and place of abode by the person awarded the exemption, and such homestead shall be the legal residence and domicile of sxich person for all purposes whatsoever."

Second, Mr. Slotin, on May 8, 1962, voted in the City Primary for Mayor and Aldermen of the City of Savannah (Hearings of November 28, 1962, page 5), and was registered and voted in the First Senatorial District in all elections held in 1962 (Hearings of November 28, 1962, pages 4 and 5; Exhibits C-8, C-9 and C-10) ; moreover, on December 15, 1961, Mr. Slotin registered at Savannah Beach as a non-resident prop
erty owner (Hearing of November 28, 1962, pages 5 and 6; Exhibit C-17) and thereafter, before April, 1962, had his name removed from such list upon learning that he was not a property owner at Savannah Beach and

164

JOURNAL OF THE SENATE,

at such time he specifically declined to change his resident voter regis tration from Savannah, in the First Senatorial District, to Savannah Beach, in the Third Senatorial District (Hearing on November 28, 1962, pages 6 and 7).

Third, on February 6, 1962, Mr. Slotin returned ad valorem taxes on his personal automobile to the City of Savannah (Exhibit C-7). The general rule is that personal property follows the person of the owner and has its situs at the domicile of the owner. County of Walton v. County of Morgan, 120 Ga. 548, 557; Lewis & Holmes Motor Freight Corporation v. City of Atlanta, 195 Ga. 810, 814; Colgate-Palmolive-Peet Co. v. Davis, 196 Ga. 681, 684; Collins v. Mills, 198 Ga. 18, 27.

Fourth, on August 28, 1962, for the school year 1962-63, one of Mr. Slotin's children was registered at a school in Savannah and the regis tration shows Mr. Slotin's address at his Savannah home (Exhibit C-ll). There is no evidence that this child was registered as a non resident, and it is reasonable to infer that she was registered as a resi dent of Savannah.

Fifth, on January 3, 1962, he registered his two automobiles and showed his address at his Savannah home (Exhibit C-4).

It is the opinion of the Committee that the evidence before it shows that Mr. Slotin was not a resident, as the term is used in the Act and the applicable constitutional provisions, of the Third Senatorial District continuously for the twelve months immediately preceding November 6, 1962.

Because, as indicated, the Constitution of this State places upon the Senate the exclusive jurisdiction to determine its membership, it is the Committee's opinion that the Senate cannot, as suggested by counsel for Mr. Slotin, allow his qualifications to be decided by the voters of Chat ham County expressed by implication in the fact of his having received the highest number of votes cast by all the voters in Chatham County. The qualifications are fixed by the Act approved October 5, 1962, and ratified by the aforesaid constitutional amendment and are also con tained in Article III, Section V, Paragraph I of the Constitution; they must be given effect until repealed by commensurate legislative and constitutional authority.
Having determined that Mr. Slotin is not qualified for membership in the Senate, we turn next to the question of Mr. Tribble's entitlement to the seat.
While it is undisputed that Mr. Tribble was and is eligible to seek the Third District seat, nevertheless, it is clear that Mr. Tribble has not been elected to the seat unless the votes of Mr. Slotin be declared void. As previously pointed out, Mr. Tribble does not contend that any of the votes cast for Mr. Slotin are illegal and concedes Mr. Slotin received a majority of the total votes cast in Chatham County.
The Law of Georgia does not award an elective office to the second high candidate when the apparent winner is for some reason disqualified

MONDAY, JANUARY 21, 1963

165

or prevented from holding office. Rather, the office is declared vacant and a new election ordered. We have considered and are persuaded by the reasoning of the Supreme Court of Georgia in cases (not involving members of the General Assembly) which have dealt with similar con tests. The Supreme Court of Georgia in the case of Thompson v. Stone, 205 Ga. 243, rejected a request to declare the qualified person who re ceived the next highest number of votes to be elected, where the person receiving the majority of the votes was declared ineligible, stating:

"Unless the votes for an ineligible person are expressly declared to be void in an election contest proceeding for that purpose, the effect of such person receiving a majority of the votes cast is not to give the office to the qualified person having the next highest number of votes, but to invalidate the election."

See also Dobbs v. Buford, 128 Ga. 483, Crovatt v. Mason, 101 Ga. 246.

More important as a precedent for the Senate is the Act approved December 12, 1871 (Ga. Laws 1871-72, p. 19), which expressly repealed a statutory rule to the contrary.

In conclusion, it appears to this Committee that neither Mr. Slotin nor Mr. Tribble is entitled to membership in the Senate as Senator from the Third Senatorial District and that the Senate should declare said seat vacant.

RECOMMENDATIONS

For the reasons given, it is the recommendation of the Judiciary Committee that the Senate declare the November 6, 1962, election to fill the seat in the Senate assigned to the Third Senatorial District invalid and said seat vacant, and inform the Governor thereof so that he may take appropriate steps to call an election to fill said vacancy.

Respectfully submitted,

/s/ Robert H. Smalley, Jr., Ch. /s/ Julian Webb, V.-Ch. /s/ Kyle Yancey /s/ Joseph M. Salome /s/ Leroy R. Johnson /s/ S. Tom Ellis /s/ Joseph E. Loggins /s/ Milton A. Carlton /s/ Garland T. Byrd /s/ Wm. A. Zorn /s/ Ben P. Johnson /s/ J. Taylor Phillips, Secretary.

Senator Pannell of the 54th moved that the Senate resolve itself into execu tive session.

166

JOURNAL OF THE SENATE,

On the motion, the ayes were 45, nays 4.

The motion prevailed, and the Senate resolved itself into executive session.

The executive session was dissolved.

The following resolution was read:

SR 13. By Senator Smalley of the 28th:
A RESOLUTION
A resolution relating to the Third Senatorial District; and for other purposes.
WHEREAS, the Judiciary Committee of the Senate has conducted a hearing on the contest between Honorable Joseph J. Tribble, contestant, and Honorable Harris Slotin, contestee, for the purpose of seeking to determine which, if either, of the aforesaid persons should be seated as a member of the Senate from the Third State Senatorial District of Georgia, and
WHEREAS, the Judiciary Committee has submitted a report on such hearing in which report it is recommended that neither Mr. Tribble nor Mr. Slotin be seated, but that a vacancy be declared to exist in the Third Senatorial District.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the report of the Judiciary Committee relative to the aforesaid contest and hearing is hereby adopted and the recommendations contained there in are hereby adopted and followed, and this body hereby declares that a vacancy exists in the office of State Senator from the Third State Senatorial District of Georgia. This body further recommends that the Governor immediately issue a writ of election to the Ordinary of Chat ham County, in which county the Third Senatorial District is located, and that the Ordinary proceed to hold an election to fill such vacancy as provided for by law.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to immediately transmit a copy of this resolution and a copy of the aforesaid report to the Governor, to the Ordinary of Chatham County, to Mr. Tribble, to Mr. Slotin, to Mr. James W. Head, of Counsel for Mr. Tribble and to Mr. Malberry Smith, Jr., of Counsel for Mr. Slotin.
On the adoption of the resolution, the ayes were 49, nays 0, and the resolution was adopted.

MONDAY, JANUARY 21, 1963

167

Senator Pannell of the 54th moved that the Senate do now adjourn until 11:00 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 11:00 o'clock tomorrow morning.

168

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Tuesday, January 22, 1963.

The Senate met pursuant to adjournment at 11:00 o'clock this morning and was called to order by the president.

Scripture reading was offered by Reverend Guy Hutcherson, pastor, First Methodist Church, Moultrie, Georgia.

Prayer was offered by Dr. Stanley R. Hahn, pastor, First Baptist Church, Dublin, Georgia.

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

Senator Pelham of the 10th reported that the journal of yesterday's proceed ings had been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Pannell of the 54th 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 resolutions were read and adopted:

TUESDAY, JANUARY 22, 1963

169

SR 15. By Senators Lee of the 47th, Knox of the 24th, Scott of the 23rd, Fuqua of the 22nd and Broun of the 46th:
A resolution endorsing the further development of the Savannah River by the authorization and construction of a multi-purpose project at the Trotter Shoals site; and for other purposes.

SR 18. By Senator Lee of the 47th:
A resolution extending an invitation to attend the dedication of the Wilton Hall Bridge; and for other purposes.

HR 23. By Messrs. Smith of Grady and Bolton of Spalding:
A resolution expressing appreciation for the open house at Athens; and for other purposes.

HR 24. By Messrs. Smith of Grady and Bolton of Spalding: A resolution expressing appreciation to the officials of the Georgia In stitute of Technology; and for other purposes.
HR 25. By Messrs. Smith of Grady and Bolton of Spalding: A resolution expressing appreciation for the Institute of Legislators; and for other purposes.

HR 26. By Messrs. Smith of Grady and Bolton of Spalding: A resolution expressing appreciation for the dinner during the Institute for Legislators; and for other purposes.
The following report was read by the secretary:
REPORT OF COMMITTEE ON PRIVATE EDUCATIONAL INSTITUTIONS (SR 152) BACKGROUND
For several years the Georgia Association of Colleges, the Georgia Association of Junior Colleges and the GEA Department of Higher Edu cation have advocated the exemption of the state sales tax on articles not for resale purchased by our private colleges.
The best interests of our state schools and of our educational system demand the continued growth of these privately supported colleges, which educate approximately one-third of our students in higher edu cation.

170

JOURNAL OF THE SENATE,

Such a tax creates a financial hardship on many institutions. It added to Emory University, for example, as much as $80,000 each year to the cost of operating the institution. For Andrew College, a small church related college in Cuthbert, it added annually $1,650.00. Andrew only charges $795 to educate a student each year. Yet it costs $1,100 to educate each student, not including capital funds.

Cognizant of such facts, Senator Zell Miller introduced a resolution (SR 152) in the 1962 General Assembly which set up a five man interim committee to study the state tax structure as it relates to private educa tional institutions.

Lieutenant Governor Garland T. Byrd appointed Senator Miller, Senator A. Sid Newton, Senator G. Ed Perry, Senator Charles F. Warnell, and Senator R. O. Persons, Sr., to the committee.

In an early organizational meeting the committee named Senator Miller as Chairman and Senator Newton as Secretary.

On August 16, 1962, after the committee had begun its studies, Gov ernor S. Ernest Vandiver, announced the listing of the sales tax by executive order. Over a hundred educators from throughout the state were present to hear the Chief Executive exempt the private educational institutions from such a sales tax as of October 1, 1962, as follows:

"Whereas: There are a number of independent colleges and universities located within the State of Georgia which are making significant contributions to the cause of higher education in this State; and

"Whereas: These private and independently supported univer sities and colleges now provide approximately one-third of Georgia's total college enrollment and thereby offer quality education for many thousands of Georgia's finest youth; and

"Whereas: The costs of operating these institutions have in creased annually far in excess of their endowments, income from tuition charges and special grants from the federal government; and

"Whereas: It has been made to appear to me that these insti tutions are confronted with a financial crisis and that their educa tional programs, so essential to the future of this State, are in dan ger; and

"Whereas: Section 40-205 of the Code of Georgia provides that the Governor of the State may suspend collection of taxes or any part thereof, due the State until the next meeting of the General Assembly but no longer; it is therefore
"Ordered: That effective October 1, 1962, the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on purchases and leases of tangible personal property

TUESDAY, JANUARY 22, 1963

171

and services exclusively for educational purposes by those Geor gia schools of college grade level only, the academic credits of which are accepted as equivalents by the educational units of the Univer sity System of Georgia, where it is determined that the University System of Georgia enjoys immunity from such taxes, be suspended until the next meeting of the General Assembly of Georgia.

This 25th day of September, 1962.

/s/ S. Ernest Vandiver, Governor."

Realizing that this order would have to be confirmed by the next legislature, our committee continued its studies for what we hope will be a useful report to the General Assembly.

FINDINGS OP THE COMMITTEE
The privately supported schools are a vital and essential part of the American higher education system. The best interest of our state schools, and of our educational system, demands that these privately supported schools continue and grow.
These privately supported schools take a great load off our state schools, and thereby the tax payer. A careful study made a few years ago showed that, on the average, every student in the tax-supported schools cost the state $850. Therefore, the private colleges save the state that much for each young Georgian they train. Any reasonable move to enable the privately supported schools to maintain or increase enrollment is an economic gain for the state and the taxpayer. The tax-supported colleges are hard pressed for funds to offer satisfactory programs for the students they now have; so we need to encourage those citizens who are willing to send their children to privately supported schools.
If the private colleges and universities did not pay sales tax, those amounts could be put into programs of the institutions for continuing educational improvements to be carried ultimately through the state. For instance, a college which spends $20,000 annually, could take that money and divide it into average college scholarships and fifty more students could attend that college.
The money could also be used to pay better salaries to faculty mem bers. The private colleges constantly lose professors to the state schools because they can pay better salaries. That actually puts the private schools in the position of paying a tax to support the state schools so that they can outbid the private ones for competent faculty.
Moreover, the independent colleges are borrowing funds from the United States Government with which to erect buildings that will alle viate the crowded campus conditions, but in doing so the independent schools must pay a toll to the state government out of funds borrowed from the national government. The state schools, on the other hand, are erecting buildings on funds borrowed from the federal government with out having to pay the sales tax.

172

JOURNAL OF THE SENATE,

A major source of support for our private colleges is gifts. By state and federal law, these gifts are tax-free; that is to say a donor is re lieved of paying income tax on gifts he makes to colleges. But when we levy a sales tax on the purchase made by these colleges as they use these gifts, we are subjecting the gifts to taxation.

Since the state tax-supported colleges are not required to pay sales tax, the levy of the tax on the gift-supported schools is a discrimination against them. It makes library books and laboratory supplies, for ex ample, cost more at the privately supported schools.

In conclusion, it is our opinion that the beneficiaries of this pro posed exemption would actually be the students, their parents and the state at large. Elimination of this tax would help achieve either or both of two objectives: reduce some college costs, and enable the college to improve and increase the extent and quality of the educational program.

We recommend that Governor Vandiver's order be ratified, ap proved and confirmed.

Zell Miller, Chairman A. Sid Newton, 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 bill of the House, to-wit:

HB 1. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Ballard of Newton:
A bill to reorganize the State Highway Board; 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 resolution of the House, to-wit:

HR 19. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Ballard of Newton:
A resolution proposing an amendment to the Constitution by adding

TUESDAY, JANUARY 22, 1963

173

thereto a new section creating the State Highway Board; to provide for the election, qualifications and tenure of members; 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 9. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an Act known as the "Georgia Military Forces Reorgani zation Act of 1955, so as to provide that the Governor's personal staff shall consist of one chief of aides-de-camp, with the rank of brigadier general; to change the eligibility requirement for the Assistant Adju tants General, 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 3. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to repeal an Act of the General Assembly, approved March 7, 1962 (Ga. Laws 1962, p. 703), defining "Machinery for new and expanded industry or agriculture"; and for other purposes.

HB 4. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act of the Georgia Retailers' and Consumers' Sales and Use Tax Act, so as to provide for exemption on the sale of machin ery which is used in establishing new, or expanding the productive ca pacity of existing plants; and for other purposes.
The following bills and resolutions were introduced, read the first time, and referred to committees:

174

JOURNAL OF THE SENATE,

SB 9. By Senator Kendrick of the 32nd:
A bill to provide for the establishment of an academic junior college program as a part of the public school system of this State; and for other purposes.
Referred to Committee on Educational Matters.

SB 10. By Senator Zorn of the 6th:
A bill establishing a state employees' retirement system so as to provide that military service shall be counted toward membership eligibility; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.

SB 11. By Senator Jackson of the 16th:
A bill to provide for the mandatory closing of certain commercial busi ness establishments on Sunday; to allow certain others to remain open; to provide for local county option under specific circumstances; to pro vide for a penalty; and for other purposes.
Referred to Committee on Rules.

SB 12. By Senators Pannell of the 54th, Jackson of the 16th, and Miller of the 50th:
A bill to create the North Georgia Mountain Authority as a body cor porate and politic and an instrumentality and public corporation of the State; to provide for its organization and the appointment of its mem bers; and for other purposes.
Referred to Committee on Rules.

SB 13. By Senators Johnson of the 38th, Wesberry of the 37th, and Brewer of the 39th, and others:
A bill to designate as depositories for public and trust funds the treasury in all counties of Georgia having a population of 500,000 or more accord ing to the last U. S. Census or any future U. S. Census; to authorize the various county officers and officers of court to deposit in the treas ury any funds in their custody not required for immediate disburse ment; to provide for bonds to safeguard said funds; to relieve any offi cer from personal liability who deposits funds in the county treasury; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 14. By Senator Phillips of the 27th:
A bill to amend an act entitled "Uniform Act Regulating Traffic on Highways" so as to provide for the inspection of motor vehicles; and for other purposes.
Referred to Committee on Highways.

TUESDAY, JANUARY 22, 1963

175

SR 14. By Senators Gayner of the 5th, Pannell of the 54th, and Jackson of the 16th:
A resolution creating the Senate Committee on Economy, Reorganization and Efficiency in State Government; and for other purposes.
Referred to Committee on Rules.

SR 16. By Senator Kidd of the 25th: A resolution to amend Rule 198 of the Senate; and for other purposes.
Referred to Committee on Rules.

SR 17. By Senator Kidd of the 25th:
A resolution authorizing an interim committee to study matters relating to petroleum and petroleum products; and for other purposes. Referred to Committee on Rules.

HB 1. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb,
Busbee of Dougherty, Andrews of Stephens and Ballard of Newton: A bill to reorganize the State Highway Board; and for other purposes. Referred to Committee on Highways.

HB 3. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to repeal an act, defining "Machinery for new and expanded in dustry or agriculture' 1 ; and for other purposes.
Referred to Committee on Rules.

HB 4. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act of the Georgia Retailers' and Consumers' Sales and Use Tax Act, so as to exempt the sale of machinery which is used in establishing new, or expanding the productive capacity of existing plants; and for other purposes.
Referred to Committee on Rules.

HB 9. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act known as the "Georgia Military Forces Reorgani zation Act of 1955," so as to provide that the Governor's personal staff shall consist of one chief of aides-de-camp, with the rank of brigadier general; to change the eligibility requirement for the Assistant Adju tants General; and for other purposes.
Referred to Committee on Defense and Veterans' Affairs.

176

JOURNAL OF THE SENATE,

HR 19. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Ballard of Newton:
A resolution proposing an amendment to the Constitution by adding thereto a new section creating the State Highway Board; to provide for the election, qualifications and tenure of members; and for other pur poses.
Referred to Committee on Rules.

The following bills and resolutions were read the second time:

SB 5. By Senators Pannell of the 54th, Jackson of the 16th, and Smalley of the 28th:
A bill to authorize the State and all its agencies, within constitutional limitations, to make available, in certain instances, services, assistance, funds, property and other incentives to counties and municipalities who consolidate and merge; and for other purposes.

SB 6. By Senators Pannell of the 54th, Jackson of the 16th, and Smalley of the 28th:
A bill to authorize the Governor, within Constitutional limitations, to direct and effectuate the consolidation and merger of any one or more departments, agencies, commissions, of this State; and for other pur poses.

SB 7. By Senator Miller of the 50th:
A bill relating to the qualifications of county school superintendents, so as to change such qualifications; and for other purposes.

SB 8. By Senator Miller of the 50th:
A bill relating to the procedure for filling vacancies occurring in the office of county superintendent of schools in any county, so as to change the procedure for filling vacancies as may occur in such office in any county; and for other purposes.

SR 9. By Senators Pannell of the 54th, Jackson of the 16th, and Smalley of the 28th:
A resolution creating the "Governor's Commission for Efficiency and Improvement in Government"; to provide for the appointment of mem bers thereof; and for other purposes.

Senator Pannell of the 54th 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, JANUARY 23, 1963

177

Senate Chamber, Atlanta, Georgia, Wednesday, January 23, 1963.

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 Reverend Charles E. Johnston, pastor, Millen Baptist Church, Millen, Georgia.

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

Senator Pelhani of the 10th reported that the journal of yesterday's proceed ings had been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Pannell of the 54th 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:

178

JOURNAL OF THE SENATE,

HB 8. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, and Andrews of Stephens:
A bill to amend an act known as the "State Office Building Authority Act", so as to increase the amount for which revenue bonds may be issued; and for other purposes.

HR 16. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution to ratify, approve, and confirm the executive order of the Governor, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on purchases of tan gible personal property and services for educational purposes.

HB 11. By Mr. Floyd of Chattooga:
A bill to place the Clerk of the Superior Court of Chattooga County on a salary in lieu of the fee system; and for other purposes.

HB 12. By Mr. Floyd of Chattooga:
A bill to amend an act placing the ordinary of Chattooga County on a salary in lieu of the fee system, so as to increase authorization for cler ical expenditures; and for other purposes.

HB 13. By Mr. Floyd of Chattooga:
A bill to place the Tax Collector of Chattooga County on an annual salary in lieu of the fee system of compensation; and for other purposes.

HB 14. By Mr. Floyd of Chattooga:
A bill to place the Tax Receiver of Chattooga County on a salary in lieu of the fee system for compensation, to provide for employees of the Tax Receiver; and for other purposes.

HB 15. By Mr. Floyd of Chattooga:
A bill to place the Sheriff of Chattooga County on the salary system; and for other purposes.

HB 16. By Mr. Floyd of Chattooga:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of Chattooga County, so as to increase the compensation of the Commissioner; and for other purposes.

WEDNESDAY, JANUARY 23, 1963

179

HB 19. By Messrs. Newton and Matthews of Colquitt:
A bill to amend an act relating to the incorporation of the City of Moultrie, so as to change the millage rate on all taxable property for school purposes; and for other purposes.

HB 20. By Messrs. Pope and Coker of Cherokee:
A bill to amend the charter of the City of Woodstock to permit sale of water outside the city limits; and for other purposes.

HB 21. By Messrs. Pope and Cokcr of Cherokee:
A bill to increase the corporate limits of the City of Canton; and for other purposes.

HB 22. By Messrs. Pope and Coker of Cherokee:
A bill to increase the corporate limits of the City of Canton, to provide for a referendum; and for other purposes.

HR 21. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and. Andrews of Stephens:
A resolution creating the "Governor's Commission to improve Educa tion" to provide for appointment of members thereof and their tenure and expenses; and for other purposes.

HR 15. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution to ratify, approve, and confirm the executive order of the Governor, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use
of the Holy Bible until next meeting of the General Assembly.

The following bills and resolutions were introduced, read the first time, and referred to committees:

SB 15. By Senator Maclntyre of the 40th:
A bill to amend Code Section 114-102 of the Code of Georgia of 1933 which defines "Injury" and "Personal Injury" under the Workmen's Compensation Law; and for other purposes.
Referred to Committee on Industry and Labor.

180

JOURNAL OF THE SENATE,

SB 16. By Senator Broun of the 46th:
A bill to amend an Act entitled "An Act to amend the charter of the town of Athens"; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SR 19. By Senators Maclntyre of the 40th and Gordy of the 15th:
A resolution to create a Bipartisan Commission for election law reform to designate membership, to define the duties thereof; and for other purposes.
Referred to Committee on Rules.

HB 8. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act known as the "State Office Building Authority Act", so as to increase the amount for which revenue bonds may be issued; and for other purposes.
Referred to Committee on Rules.

HB 11. By Mr. Floyd of Chattooga:
A bill to place the Clerk of the Superior Court of Chattooga County on a salary in lieu of the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 12. By Mr. Floyd of Chattooga: A bill to amend an act placing the ordinary of Chattooga County on a salary in lieu of the fee system, so as to increase authorization for cler ical expenditures; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 13. By Mr. Floyd of Chattooga: A bill to place the tax collector of Chattooga County on an annual salary in lieu of the fee system of compensation; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 14. By Mr. Floyd of Chattooga: A bill to place the tax receiver of Chattooga County on a salary in lieu of the fee system for compensation, to provide for employees of the tax receiver; and for other purposes.
Referred to Committee on County and Municipal Governments.

WEDNESDAY, JANUARY 23, 1963

181

HB 15. By Mr. Floyd of Chattooga:
A bill to place the sheriff of Chattooga County on the salary system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 16. By Mr. Floyd of Chattooga:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of Chattooga County, so as to increase the compensation of the commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 19. By Messrs. Newton and Matthews of Colquitt: A bill to amend an act relating to the incorporation of the City of Moultrie, so as to change the millage rate on all taxable property for school purposes; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 20. By Messrs. Pope and Coker of Cherokee: A bill to amend the charter of the City of Woodstock to permit sale of water outside the city limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 21. By Messrs. Pope and Coker of Cherokee: A bill to increase the corporate limits of the City of Canton; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 22. By Messrs. Pope and Coker of Cherokee: A bill to increase the corporate limits of the City of Canton; to provide for a referendum; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 15. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens: A resolution creating the "Governor's Commission to Improve Educa tion"; to provide for appointment of members thereof and their tenure and expenses; and for other purposes.
Referred to Committee on Rules.

182

JOURNAL OF THE SENATE,

HR 16. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution to ratify, approve and confirm the executive order of the Governor, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on purchases of tan gible personal property and services for educational purposes.
Referred to Committee on Rules.

HR 21. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution creating the "Governor's Commission to Improve Educa tion"; to provide for appointment of members thereof and their tenure and expenses; and for other purposes.
Referred to Committee on Rules.

The following bills and resolutions were read the second time:

SB 9. By Senator Kendrick of the 32nd:
A bill to provide for the establishment of an academic junior college program as a part of the public school system of this State; and for other purposes.

SB 10. By Senator Zorn of the 6th:
A bill establishing a state employees' retirement system so as to provide that military service shall be counted toward membership eligibility; and for other purposes.

SB 11. By Senator Jackson of the 16th:
A bill to provide for the mandatory closing of certain commercial busi ness establishments on Sunday; to allow certain others to remain open; to provide for local county option under specific circumstances; to pro vide for a penalty; and for other purposes.

SB 12. By Senators Pannell of the 54th, Jackson of the 16th, and Miller of the 50th:
A bill to create the North Georgia Mountains Authority as a body cor porate and politic and an instrumentality and public corporation of the State; to provide for its organization and the appointment of its mem bers; and for other purposes.

SB 13. By Senators Johnson of the 38th, Wesberry of the 37th, and Brewer of the 39th, and others:
A bill to designate as depositories for public and trust funds the treas ury in all counties of Georgia having a population of 500,000 or more

WEDNESDAY, JANUARY 23, 1963

183

according to the last U. S. Census or any future U. S. Census; to au thorize the various county officers and officers of court to deposit in the treasury any funds in their custody not required for immediate dis bursement; to provide for bonds to safeguard said funds; to relieve any officer from personal liability who deposits funds in the county treas ury; and for other purposes.

SB 14. By Senator Phillips of the 27th:
A bill to amend an act entitled "Uniform Act Regulating Traffic on Highways" so as to provide for the inspection of motor vehicles; and for other purposes.

SR 14. By Senators Gayner of the 5th, Pannell of the 54th, and Jackson of the 16th: A resolution creating the Senate Committee on Economy, Reorganiza tion and Efficiency in State Government; and for other purposes.
SR 16. By Senator Kidd of the 25th: A resolution to amend Rule 198 of the Senate; and for other purposes.
SR 17. By Senator Kidd of the 25th: A resolution authorizing an interim committee to study matters relating to petroleum and petroleum products; and for other purposes.
HB 1. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Ballard of Newton: A bill to reorganize the State Highway Board; and for other purposes.

HB 3. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to repeal an act, defining "Machinery for new and expanded in dustry or agriculture"; and for other purposes.

HB 4. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act of the Georgia Retailers' and Consumers' Sales and Use Tax Act, so as to exempt the sale of machinery which is used in establishing new, or expanding the productive capacity of existing plants; and for other purposes.

184

JOURNAL OF THE SENATE,

HB 9. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act known as the "Georgia Military Forces Reorgani zation Act of 1955," so as to provide that the Governor's personal staff shall consist of one chief of aides-de-camp, with the rank of brigadier general; to change the eligibility requirement for the Assistant Adju tants General; and for other purposes.

HR 19. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Ballard of Newton: A resolution proposing an amendment to the Constitution by adding thereto a new section creating the State Highway Board; to provide for the election, qualifications and tenure of members; and for other pur poses.
The following committee reports were submitted and read by the secretary:
Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bills and resolutions of the Senate and has instructed me, as Secretary, to report the same back to the Senate with the following recommendations:
SB 5. Do Pass. SB 6. Do Pass. SB 11. Do Pass, as Amended. SR 7. Do Pass. SR 9. Do Pass, as Amended.
Respectfully submitted, Rowan of 8th District, Secretary.

The following general bills and resolution, favorably reported by the commit tees, were read the third time, and put upon their passage:

SB 5. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th:
A bill to authorize the State and all its agencies, within constitutional limitations, to make available, in certain instances, services, assistance, funds, property and other incentives to counties and municipalities who consolidate and merge; and for other purposes.

WEDNESDAY, JANUARY 23, 1963

185

The report 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, having1 received the requisite constitutional majority, was passed.

SB 6. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th:
A bill to authorize the Governor, within Constitutional limitations, to direct and effectuate the consolidation and merger of any one or more departments, agencies, commissions, of this State; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed.
SR 7. By Senators Pannell of the 54th, Jackson of the 16th and Fuqua of the 22nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for four (4) year terms for State Senators; 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 III, Section IV, Paragraphs I and II of the Con stitution are hereby amended by striking said Paragraphs in their en tirety and inserting in lieu thereof new Paragraphs I and II to read as follows:
"Paragraph I. Terms of Members--The members of the House of Representatives shall be elected for two years and shall serve until the time fixed by law for the convening of the General Assem bly in the year following the second year of such members' terms of office. The members of the Senate shall be elected for four years and shall serve until the time fixed by law for the convening of the

186

JOURNAL OF THE SENATE,

General Assembly in the year following the fourth year of such members' terms of office. The Senate and the House of Represen tatives shall organize each two years, in the odd numbered years, and shall be deemed to be a different General Assembly for each such two year period."

"Paragraph II. Election, When--The terms of the members of the 1965-66 General Assembly shall be for two years, and the first election for members of the General Assembly under the provisions of Paragraph I of this Section shall take place on Tuesday after the first Monday in November, 1966, and subsequent elections shall be held biennially for the members of the House of Representatives and quadrennially for the members of the Senate, on that day, until the day of election is changed 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 four year terms for State Senators.

"Against ratification of amendment to the Constitution so as to provide for four year terms for State Senators."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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

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

WEDNESDAY, JANUARY 23, 1963

187

Those voting in the affirmative were Senators:

Brewer Broun of 46th Byrd Carlton Carter Coggin Conway Ellis Puqua Gayner Gillis Gordy Hall Harrison Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Knox Lee Loggins Maclntyre Miller Moore McKinnon Owens Pannell Pelham

Pennington Phillips Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Webb Wesberry Yancey Young Zorn

By unanimous consent, 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 major ity, was adopted.

SR 9. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th: A resolution creating the "Governor's Commission for Efficiency and Improvement in Government"; to provide for the appointment of mem bers thereof; and for other purposes.
The Committee on Rules offered the following amendment:
Amend SR 9, by striking from Section 4 the following:
"The Commission shall employ an Executive Director who shall devote his full time to the affairs of the Commission. Said Director shall serve at the pleasure of the Commission, and shall receive such compensation and expenses as may be prescribed by the Commis-
and inserting in lieu thereof the following:
"The Commission shall employ an Executive Director who shall serve at the pleasure of the Commission, and shall receive such compensation and expenses as may be prescribed by the Commis-

188

JOURNAL OP THE SENATE,

The amendment was adopted.

The report of the committee, which was favorable to the adoption of the reso lution, as amended, 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, as amended.

The following resolution was read and adopted:

SR 20. By Senator Pannell of the 54th:
A resolution honoring the Mayor and other municipal officials and em ployees of Georgia; and for other purposes.

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative 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 15. Respectfully submitted, Pelham of 10th District, Chairman.

The president appointed as a committee to investigate the need for additional pages in the Senate the following:
Senators Lee of the 47th, Johnson of the 42nd, Knox of the 24th, Jackson of the 16th and Wesberry of the 37th.
Senator Pannell of the 54th 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, JANUARY 24, 1963

189

Senate Chamber, Atlanta, Georgia, Thursday, January 24, 1963.

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 Reverend Monroe Driver, pastor, Antioch Missionary Baptist Church, Hogansville, Georgia.

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

Senator Pelham of the 10th reported that the journal of yesterday's proceed ings had been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Pannell of the 54th 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:

190

JOURNAL OP THE SENATE,

HB 2. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, and Andrews of Stephens:
A bill to amend the Current Income Tax Payment Act of 1960, to provide for the filing of declarations of estimated income tax by certain corpo rations; and for other purposes.

HB 10. By Mr. Walker of Lowndes:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", approved January 11, 1954, as amended, so as to change the speed restrictions for vehicles; and for other purposes.

HB 45. By Mr. Clarke of Monroe:
A bill to amend an act relating to motor vehicle licenses, approved Dec. 24, 1937, as amended, so as to provide that vehicles used solely for the purpose of transporting logs or portions of trees from one cutting site to another shall not be required to be licensed under this act; and for other purposes.

The following bills and resolutions were introduced, read the first time, and referred to committees:

SB 17. By Senator Downing of the 1st:
A bill to fix the compensation of the Judges of the Municipal Court of Savannah; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 18. By Senator Downing of the 1st:
A bill to require the identification of the registry of all ships, for the protection of the public; and for other purposes.
Referred to Committee on Industry and Labor.

SR 21. By Senators Wesberry of the 37th, Salome of the 36th, Johnson of the 38th, Brewer of the 39th, Maclntyre of the 40th, Brown of the 34th, and Coggin of the 35th:
A resolution proposing an amendment to Article XI of the Constitution of the State of Georgia.
Referred to Committee on Rules.

SR 22. By Senators Wesberry of the 37th, Salome of the 36th, Johnson of the 38th, Brewer of the 39th, Maclntyre of the 40th, Brown of the 34th, and Coggin of the 35th:
A resolution proposing an amendment to Article XI of the Constitution of the State of Georgia.
Referred to Committee on Rules.

THURSDAY, JANUARY 24, 1963

191

SR 23. By Senators Gordy of the 15th and Maclntyre of the 40th:
A resolution to create a commission to recommend specific revisions of the Constitution of the State of Georgia; to designate membership, to define the duties thereof; and for other purposes.
Referred to Committee on Rules.

SR 24. By Senator Pannell of the 54th:
A resolution creating the Election Laws Study Committee; and for other purposes.
Referred to Committee on Rules.

HB 2. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend the Current Income Tax Payment Act of 1960, to pro vide for the filing of declarations of estimated income tax by certain corporations; and for other purposes.
Referred to Committee on Rules.

HB 10. By Mr. Walker of Lowndes:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", approved January 11, 1954, as amended, so as to change the speed restrictions for vehicles; and for other purposes.
Referred to Committee on Highways.

HB 45. By Mr. Clarke of Monroe:
A bill to amend an act relating to motor vehicle licenses, approved De cember 24, 1937, as amended, so as to provide that vehicles used solely for the purpose of transporting logs or portions of trees from one cutting site to another shall not be required to be licensed under this act; and for other purposes.
Referred to Committee on Highways.

The following bills and resolutions were read the second time:

SB 15. By Senator Maclntyre of the 40th:
A bill to amend Code Section 114-102 of the Code of Georgia of 1933 which defines "Injury" and "Personal Injury" under the Workmen's Compensation Law; and for other purposes.

192

JOURNAL OF THE SENATE,

SB 16. By Senator Broun of the 46th:
A bill to amend an act entitled "An Act to amend the charter of the town of Athens"; to repeal conflicting laws; and for other purposes.

SR 19. By Senators Maclntyre of the 40th and Gordy of the 15th:
A resolution to create a Bipartisan Commission for election law reform to designate membership, to define the duties thereof; and for other purposes.

HB 8. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act known as the "State Office Building Authority Act", so as to increase the amount for which revenue bonds may be issued; and for other purposes.

HB 11. By Mr. Floyd of Chattooga:
A bill to place the Clerk of the Superior Court of Chattooga County on a salary in lieu of the fee system; and for other purposes.

HB 12. By Mr. Floyd of Chattooga:
A bill to amend an act placing the ordinary of Chattooga County on a salary in lieu of the fee system, so as to increase authorization for cleri cal expenditures; and for other purposes.

HB 13. By Mr. Floyd of Chattooga:
A bill to place the tax collector of Chattooga County on an annual salary in lieu of the fee system of compensation; and for other purposes.

HB 14. By Mr. Floyd of Chattooga:
A bill to place the tax receiver of Chattooga County on a salary in lieu of the fee system for compensation, to provide for employees of the tax receiver; and for other purposes.

HB 15. By Mr. Floyd of Chattooga:
A bill to place the sheriff of Chattooga County on the salary system; and for other purposes.

HB 16. By Mr. Floyd of Chattooga:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of Chattooga County, so as to increase the compensation of the commissioner; and for other purposes.

THURSDAY, JANUARY 24, 1963

193

HB 19. By Messrs. Newton and Matthews of Colquitt:
A bill to amend an act relating to the incorporation of the City of Moultrie, so as to change the millage rate on all taxable property for school purposes; and for other purposes.

HB 20. By Messrs. Pope and Coker of Cherokee:
A bill to amend the charter of the City of Woodstock to permit sale of water outside the city limits; and for other purposes.

HB 21. By Messrs. Pope and Coker of Cherokee:
A bill to increase the corporate limits of the City of Canton; and for other purposes.

HB 22. By Messrs. Pope and Coker of Cherokee:
A bill to increase the corporate limits of the City of Canton; to provide for a referendum; and for other purposes.

HR 15. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution creating the "Governor's Commission to Improve Educa tion"; to provide for appointment of members thereof and their tenure and expenses; and for other purposes.

HR 16. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution to ratify, approve and confirm the executive order of the Governor, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on purchases of tan gible personal property and services for educational purposes.

HR 21. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution creating the "Governor's Commission to Improve Educa tion"; to provide for appointment of members thereof and their tenure and expenses; and for other purposes.

The following committee reports were submitted and read by the secretary:

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bills;

194

JOURNAL OF THE SENATE,

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 12. Do Pass. SR 14. Do Pass, as Amended. HB 3. Do Pass. HB 4. Do Pass. HR 19. Do Pass.
Respectfully submitted, Rowan of 8th District, Secretary.

Mr. Knox of the 24th District, Chairman of the Committee on Highways, sub mitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1. Do Pass, as Amended.
Respectfully submitted, Knox of 24th District, Chairman.

Mr. Carter of the 14th District, Secretary 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 Secretary, to report the same back to the Senate with the following recommendations:

SB 7. Do Pass.

SB 8. Do Pass.

Respectfully submitted, Carter of 14th District, Secretary.

THURSDAY, JANUARY 24, 1963

195

Mr. McWhorter of the 43rd District, Chairman of the Committee on Defense | and Veterans Affairs, submitted the following report:

: Mr. President:

Your Committee on Defense and Veterans Affairs has had under considera tion the following bills of the Senate and House and has instructed me, as Chair man, to report the same back to the Senate with the following recommendations:
HB 9. Do Pass.
SB 10. Do Pass.
Respectfully submitted,
McWhorter of 43rd District,
Chairman.

The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:

SB 7. By Senator Miller of the 50th:
A bill to amend Code Section 32-1004, relating to the qualifications of county school superintendents, so as to change such qualifications; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 37, nays 2.

The bill, having received the requisite constitutional majority, was passed.

SB 8. By Senator Miller of the 50th:
A bill to amend Code Section 32-1003 relating to the procedure for fill ing vacancies occurring in the office of county superintnedent of schools in any county, so as to change the procedure for filling vacancies as may occur in such office in any county; and for other purposes.
Senator Webb of the llth offered the following amendment:
Amend SB 8 by striking the last four words, "for the unexpired term", and substituting in lieu thereof the words: "to serve until the next general election."

The amendment was adopted.

196

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.

On the passage of the bill, the ayes were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed, as amended.

SB 12. By Senators Pannell of the 54th, Jackson of the 16th and Miller of the 50th:
A bill to create the North Georgia Mountains Authority as a body cor porate and politic and an instrumentality and public corporation of the State; to provide for its organization and the appointment of its mem bers; and for other purposes.

Senator Smalley of the 28th offered the following amendment:
Amend SB 12 by adding to the last sentence of Section 6 after the words "Governor of Georgia" the following clause: "and provided fur ther that no such sale or disposition shall occur except at public sale after advertisement thereof once a week for four weeks in the county where such property is located and in two newspapers of general cir culation in the State of Georgia."

The amendment was adopted.
Senator Loggins of the 53rd offered the following amendment:
Amend SB 12 by substituting the word "twenty-one" in lieu of the word "sixteen" in section 6, line 10 of page 10 of SB 12; and to insert between the words "of" and "Banks" in section 7, line 4, page 13 of SB 12 the following: "Chattooga, Walker, Bade, Catoosa, Whitfield".

The amendment was adopted.

Senator Wesberry of the 37th offered the following amendment:
Amend SB 12 by inserting at the end of section 4 an additional paragraph:
The Authority shall retain an independent firm or certified public accountant who shall make an annual examination of the books and

THURSDAY, JANUARY 24, 1963

197

records of the Authority and submit their opinion upon the financial condition of the Authority and the results of the operation thereof. The financial records of the Authority shall conform to generally accepted principles of accounting and it shall be the duty of the independent CPA to report any deviations therefrom.

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.

SR 14. By Senators Gayner of the 5th, Pannell of the 54th and Jackson of the 16th:
A resolution creating the Senate Committee on Economy, Reorganization and Efficiency in State Government; and for other purposes.

The Committee on Rules offered the following amendment:

Amend SR 14 by striking the first sentence of said paragraph which reads as follows:
"Said Committee, as hereby created, shall consist and be com posed of seven (7) members of the Senate, with the President and the President Pro-Tern of the Senate as Ex-Officio members, the Committee members shall be appointed by the President of the Sen ate, with said authority designating the Chairman, Vice-Chairman and Secretary of the Committee."
and inserting in lieu thereof the following sentence:
"Said Committee, as hereby created, shall consist and be com posed of ten (10) members of the Senate, with the President and the President Pro-Tern of the Senate as Ex-Officio members, the Committee members shall be appointed by the President of the Sen ate, with said authority designating the Chairman, Vice-Chairman and Secretary of the Committee."
The amendment was adopted.

198

JOURNAL OF THE SENATE,

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 31, nays 0.

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

HB 1. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Ballard of Newton: A bill to reorganize the State Highway Board; and for other purposes.
The Committee on Highways offered the following amendment:
Amend HB 1 by changing the word "two" to the word "four" as it appears on page 3, line 9 of HB 1.
On the adoption of the amendment, the ayes were 40, nays 0, and the amend ment was adopted.

The Committee on Highways offered the following amendment:
Amend HB 1 by adding after the word "embraced" on the first line of page 3 of said HB 1 the words "or partly embraced" and by striking all of the words in the same sentence after the word "caucus" in the second line of said page 3, so that the amended sentence shall read:
"The member of the Board from each Congressional District shall be elected by a majority vote of the members of the House of Representatives and Senate from the counties and Senatorial Dis tricts embraced or partly embraced within such Congressional Dis trict, meeting in caucus."
On the adoption of the amendment, the ayes were 44, nays 0, and the amend ment was adopted.
The Committee on Highways offered the following amendment:
Amend HB 1 as follows:
By striking in its entirety Subsection (c) of Section 4, which is quoted in Section 1 of said Bill, and substituting in lieu thereof a new Subsection (e) to read as follows:

THURSDAY, JANUARY 24, 1963

199

"(c) The State Highway Board shall meet in regular session one day in each month, and at such other special meetings as may be called by the Director of the State Highway Department, or a majority of the members of the Board from time to time. The mem bers of the Board shall carefully study and visit each county within their respective districts to determine the needs for the construction of new roads and streets and the maintenance requirements for those existing facilities. The members of the Board shall receive no salary but shall receive the sum of twenty ($20.00) dollars per day for each day of actual attendance at meetings of the Board and for those days actually spent in studying the road needs of the various coun ties within their districts, not to exceed four days per year for each county within their respective districts, in addition to actual ex penses incurred in connection therewith, and actual cost of trans portation to and from the place of meeting by the nearest practical route from their homes as well as the mileage expended in visiting said counties, such per diem and expenses to be paid from funds appropriated to the State Highway Department upon presentation
of vouchers by members of the Board, approved by the Chairman and signed by the Secretary."

On the adoption of the amendment, the ayes were 41, nays 0, and the amend ment was adopted.

The Committee on Highways offered the following amendment:
Amend HB 1 by striking from section 1 that sentence reading as follows:
"Vacancies occurring in the membership of the State Highway Board, when the General Assembly is not in session, shall be filled by the Governor by the appointment of a resident of the same dis trict to serve until the next regular session of the General Assem bly, at which time the General Assembly shall elect a resident of said district as herein provided to serve out the remainder of the unexpired term.",
and substituting in lieu thereof the following sentences:
"Beginning in 1965 vacancies occurring in the membership of the State Highway Board, when the General Assembly is not in session, shall be filled by a majority vote of the members of the House of Representatives and Senate from the counties and sena torial districts, embraced or partly embraced within that Congres sional District where said vacancy occurred, meeting in caucus in the same manner as that for the selection of Board Members as hereinbefore set out. Said caucus shall appoint a resident of the same district to serve until the next regular session of the General Assembly, at which time the General Assembly shall elect a resident of said district as herein provided to serve out the remainder of the unexpired term."

200

JOURNAL OP THE SENATE,

Senator Carter of the 14th offered the following amendment to the Committee amendment to HB 1:

Amend HB 1 by striking from section I the words "Beginning in 1965 vacancies occurring in the membership of the State Highway Board", and substituting in lieu thereof the words "Beginning in 1967 vacancies occurring in the membership of the State Highway Board".

On the adoption of the amendment to the Committee amendment, the ayes were 38, nays 0, and the amendment to the Committee amendment was adopted.

On the adoption of the Committee amendment, the ayes were 41, nays 0, and

the amendment was adopted.



The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, the ayes were 46, nays 2.

The bill, having received the requisite constitutional majority, was passed amended.

HB 9. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens: A bill to amend an act known as the "Georgia Military Forces Reorgani zation Act of 1955", so as to provide that the Governor's personal staff shall consist of one chief of aides-de-camp, with the rank of brigadier general; to change the eligibility requirement for the Assistant Adju tants 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 37, nays 2.
The bill, having received the requisite constitutional majority, was passed.
Senator Pannell of the 54th asked unanimous consent that HB 9 be immedi ately transmitted to the House.
The consent was granted.

THURSDAY, JANUARY 24, 1963

201

HR 19. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Ballard of Newton:
A resolution proposing an amendment to the Constitution by adding thereto a new section creating the State Highway Board; to provide for the election, qualifications and tenure of members; and for other pur poses.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. The Constitution of Georgia is hereby amended by add ing to Article V thereof a new section, to be known as Section XI, to read as follows:

"Section XI. Paragraph I. State Highway Board created. There shall be a State Highway Board, composed of as many mem bers as there are Congressional Districts in the State. One member of said Board shall be elected from each of the Congressional Dis tricts of this State by the members of the House of Representatives and Senate residing within such Congressional District. All mem bers shall be elected for terms of five years each and until their successors are duly elected and qualified. Nothing herein shall affect the terms of office of members of the State Highway Board now in office, and such members shall serve out the remainder of their respective terms and until their successors are duly elected and qualified as hereunder provided. The successors to such members, as their respective terms expire, shall be elected by the General Assem bly as provided herein and pursuant to the provisions of law enacted or as may hereafter be enacted to implement this Paragraph. The Board shall elect a Director of the State Highway Department who shall be the Chief Executive Officer of the State Highway Depart ment, except that the Director of the State Highway Department in office at the time of approval hereof shall not be affected, and such Director shall serve out the remainder of his term as now provided by law. The General Assembly shall define by law the powers, du ties, qualifications and compensation of the Board and of the Direc tor, and shall by law prescribe the manner, time and procedure for the election of members of the Board, and the manner of filling vacancies therein."
Section 2. When the above proposed amendment to the Consittution 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 a new State Highway Board and a Director of the State High way Department.

202

JOURNAL OF THE SENATE,

"Against ratification of amendment to the Constitution so as to create a new State Highway Board and a Director of the State High way Department."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall he 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 Knox of the 24th offered the following amendment:
Amend HR 19 by striking the following sentence in Section XI, paragraph I of said bill:
"One member of said Board shall be elected from each of the Con gressional Districts of this State by the members of the House of Representatives and Senate residing within such Congressional Dis trict",
and inserting in lieu thereof the following:
"The member of the Board from each Congressional District shall be elected by a majority vote of the members of the House of Rep resentatives and Senate from the counties and Senatorial Districts embraced or partly embraced within such Congressional District, meeting in caucus."

On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted.

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

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:

Brewer Broun of 46th Byrd

Carter Coggin Conway

Downing Ellis Fincher

THURSDAY, JANUARY 24, 1963

203

Gillis Gordy Hall Harrison Heard Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Knox

Lee Loggins Miller Moore McKinnon McWhorter Noble Oliver Owens Pannell Pelham Pennington Phillips

Plunkett Rowan Salome Searcey Smalley Smith Spinks Webb Wesberry Young Zorn

Voting in the negative was Senator Yancey.

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

On the adoption of the resolution, the ayes were 46, nays 1.

The resolution, having received the requisite constitutional two-thirds major ity, was adopted as amended.

HB 3. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens: A bill to repeal an act, defining "Machinery for new and expanded in dustry or 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 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 4. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens: A bill to amend an act of the Georgia Retailers' and Consumers' Sales and Use Tax Act, so as to exempt the sale of machinery which is used in establishing new, or expanding the productive capacity of existing plants; and for other purposes.

204

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 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative 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:
SB 5. SB 6. SR 7. SR 9.
Respectfully submitted, Pelham of 10th District, Chairman.

The following resolutions were read and adopted:

SR 25. By Senators Rowan of the 8th, McKinnon of the 7th, Pennington of the 45th, Spinks of the 9th and Young of the 13th:
A resolution proposing that the Commissioner of Agriculture and State Experiment Stations conduct an immediate educational program con cerning the proper use of "MH-30"; and for other purposes.

SR 26. By Senators Gillis of the 20th and Pannell of the 54th: A resolution relative to the Appropriations Committee; and for other purposes.
On the adoption of the resolution, the ayes were 40, nays 0, and the reso lution was adopted.

THURSDAY, JANUARY 24, 1963

205

SR 27. By Senators Hall of the 52nd and Kendrick of the 32nd:

f

A resolution relating to the Senate Educational Matters Committee; and

'

for other purposes.

On the adoption of the resolution, the ayes were 30, nays 0, and the resolution was adopted.

SR 28. By Senator Pannell of the 54th:
A resolution creating a committee to advise with the Governor relative to constitutional revision; and for other purposes.

The president appointed as a committee the following: Senators Gayner of the 5th, Webb of the llth and Phillips of the 27th.

Senator Pannell of the 54th moved that the Senate do now adjourn until 10:00 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.

206

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Friday, January 25, 1963.

The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by Senator Smalley of the 28th, acting president.

Scripture reading and prayer was offered by Reverend Guy Hutcherson, pastor, First Methodist Church, Moultrie, Georgia.
By unanimous consent, the call of the roll was dispensed with.

Senator Pelham of the 10th reported that the journal of yesterday's proceed ings had been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Pannell of the 54th 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:

FRIDAY, JANUARY 25, 1963

207

HB 7. By Messrs. Smith of Grady, Bolton of Spalding, Steis of Harris and others:
A bill to authorize State loans or grants to counties to aid in defraying the cost of property valuation and equalization programs for ad valorem tax purposes; and for other purposes.

HR 17. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade and Steis of Harris:
A resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly shall be authorized to enact legislation treating any and all motor vehicles including trailers, etc.; and for other purposes.

HR 20. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb and others:
A resolution proposing an amendment to the Constitution so as to pre scribe more democratic provisions for the merger, consolidation and division of counties; and for other purposes.

HB 37. By Messrs. Payton of Coweta and Overby of Hall:
A bill to amend an Act relating to the definition of certain terms and the exclusion of certain motor vehicles from the provisions of the law relating to motor contract carriers; and for other purposes.

HR 27. By Messrs. Smith of Grady and Bolton of Spalding:
A resolution providing for a seal for the General Assembly and the House of Representatives and the Senate; and for other purposes.

HB 57. By Mr. Bowen of Randolph:
A bill to amend an act incorporating Andrew Female College; and for other purposes.

The following bills and resolutions were introduced, read the first time and referred to committees:

SB 19. By Senator Byrd of the 17th:
A bill to repeal an act relating to the payment of grants of State and local funds for school children; and for other purposes.
Referred to Committee on Educational Matters.

208

JOURNAL OP THE SENATE,

SB 20. By Senator Miller of the 50th:
A bill to create a State Board for the preservation of natural areas; to provide for appointment of members and terms of office; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

SB 21. By Senator Loggins of the 53rd:
A bill to amend section 68-502 of Code of Georgia of 1933, as amended, defining certain terms used in Chapter 68-5 of Code of Ga. of 1933, as amended, concerning the regulation of "motor carriers", so as to define "for hire" transportation of a motor carrier; to repeal conflicting laws; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

SB 22. By Senator Loggins of the 53rd:
A bill to amend Section 68-601 of the Code of Georgia of 1933, as amended, defining certain terms used in Chapter 68-6 of Code of Ga. of 1933, as amended, concerning regulation of "motor common carriers", so as to re-define "for hire" transportation of a motor common carrier to include (i) an activity wherein a person for compensation leases or otherwise permits the use of a motor vehicle by other than a carrier holding authority from the Commission, and who furnishes in connection therewith a driver, either directly or indirectly; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

SB 23. By Senator Loggins of the 53rd:
A bill to amend Section 68-502, Code of Georgia of 1933, as amended, defining certain terms used in Chapter 68-5, Code of Georgia of 1933, as amended, concerning regulation of "motor carriers", so as to provide that term "motor carrier", as defined in Section 68-502, shall not include taxicabs, drays, trucks, buses and other motor vehicles which operate within corporate limits of municipalities and are subject to regulation by governing authorities of such municipalities; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

SB 24. By Senator Loggins of the 53rd:
A bill providing for issuance, transfer, revocation, suspension, amend ment and renewal of certificates of public convenience; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

FRIDAY, JANUARY 25, 1963

209

SB 25. By Senator Phillips of the 27th:
A bill relating to the time, place, and manner of holding public sales of property under execution; and for other purposes.
Referred to Committee on Judiciary.

HB 7. By Messrs. Smith of Grady, Bolton of Spalding, Steis of Harris and others:
A bill to authorize State loans or grants to counties to aid in defraying the cost of property valuation and equalization programs for ad valorem tax purposes; and for other purposes.
Referred to Committee on Rules.

HB 37. By Messrs. Payton of Coweta and Overby of Hall:
A bill to amend an act relating to the definition of certain terms and the exclusion of certain motor vehicles from the provisions of the law relating to motor contract carriers, so as to exempt certain vehicles used exclusively for construction and maintenance of federal facilities; and for other purposes.
Referred to Committee on Highways.

HB 57. By Mr. Bowen of Randolph:
A bill to amend an act incorporating Andrews Female College, so as to change the term of office of Trustees; and for other purposes.
Referred to Committee on Educational Matters.

HR 17. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade and Steis of Harris:
A resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly shall be authorized to enact legislation treating any and all motor vehicles including trailers, as a separate class from other classes of tangible property for ad valorem tax purposes.
Referred to Committee on Rules.

HR 20. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution proposing an amendment to the Constitution so as to pre scribe more democratic provisions for the merger, consolidation and division of counties; to provide for a referendum; and for other purposes.
Referred to Committee on Rules.

210

JOURNAL OF THE SENATE,

HR 27. By Messrs. Smith of Grady and Bolton of Spalding:
A resolution providing for a seal for the General Assembly and the House of Representatives and Senate; and for other purposes.
Referred to Committee on Rules.

The following bills and resolutions were read the second time:

SB 17. By Senator Downing of the 1st:
A bill to fix the compensation of the judges of the Municipal Court of Savannah; and for other purposes.

SB 18. By Senator Downing of the 1st:
A bill to require the identification of the registry of all ships, for the protection of the public; and for other purposes.

SR 21. By Senators Wesberry of the 37th, Salome of the 36th, Johnson of the 38th, Brewer of the 39th, Maclntyre of the 40th, Brown of the 34th, and Coggin of the 35th:
A resolution proposing an amendment to Article XI of the Constitution of the State of Georgia.

SR 22. By Senators Wesberry of the 37th, Salome of the 36th, Johnson of the 38th, Brewer of the 39th, Maclntyre of the 40th, Brown of the 34th, and Coggin of the 35th:
A resolution proposing an amendment to Article XI of the Constitution of the State of Georgia.

SR 23. By Senators Gordy of the 15th and Maclntyre of the 40th: A resolution to create a commission to recommend specific revisions of the Constitution of the State of Georgia; to designate membership, to define the duties thereof; and for other purposes.
SR 24. By Senator Pannell of the 54th: A resolution creating the Election Laws Study Committee; and for other purposes.
HB 2. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens: A bill to amend the current Income Tax Payment Act of 1960, to pro vide for the filing of declarations of estimated income tax by certain corporations; and for other purposes.

FRIDAY, JANUARY 25, 1963

211

HB 10. By Mr. Walker of Lowr.des:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", approved January 11, 1954, as amended, so as to change the speed restrictions for vehicles; and for other purposes.

HB 45. By Mr. Clarke of Monroe: A bill to amend an act relating to motor vehicle licenses, approved De cember 24, 1937, as amended, so as to provide that vehicles used solely for the purpose of transporting logs or portions of trees from one cutting site to another shall not be required to be licensed under this act; and for other purposes.
The following committee report was submitted and read by the secretary:
Mr. Smalley of the 28th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. President:
Your Committee on Judiciary has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 4. Do Pass. Respectfully submitted, Smalley of 28th District, Chairman.
The following resolutions were read and adopted:
SR 29. By Senator Hall of the 52nd: A resolution relative to the Senate Educational Matters Committee; and for other purposes.
SR 30. By Senators Gillis of the 20th, and Pannell of the 54th: A resolution relative to the Senate Appropriations Committee; and for other purposes.
SR 31. By Senator Phillips of the 27th: A resolution relative to a relocation of certain Senators and personal property pertaining thereto in the Senate Chamber.

212

JOURNAL OF THE SENATE,

SR 32. By Senator Heard of the 29th:
A resolution relating to the development of the Chattahoochee Appalachicola Flint Waterway.

SR 33. By Senator Kendriek of the 32nd:
A resolution expressing regret at the passing of Ollie F. Reeves, Georgia Poet Laureate.

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 65. By Messrs. Smith of Grady and Bolton of Spalding: A resolution to extend an invitation to Honorable James E. Powers to address a joint session of the House and Senate; and for other purposes.

HR 70. By Messrs. Smith of Grady and Bolton of Spalding:
A resolution relative to the adjournment of the General Assembly; and for other purposes.

The House has agreed to the Senate amendments to the following bill of the House:

HB 1. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, and others:
A bill to reorganize the State Highway Board; and for other purposes.

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative 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

FRIDAY, JANUARY 25, 1963

213

chairman, to report the same back to the Senate as correct and ready for trans mission to the House of Representatives:
SB 7. SB 8. SB 12. SR 14. SR 25.
Respectfully submitted, Pelham of the 10th District, Chairman.

The following resolutions were read and adopted:

HR 65. By Messrs. Smith of Grady and Bolton of Spalding:
A resolution to extend an invitation to Honorable James E. Powers to address a joint session of the House and Senate; and for other purposes.

HR 70. By Messrs. Smith of Grady and Bolton of Spalding:
A resolution relative to the adjournment of the General Assembly; and for other purposes.

Pursuant to the provisions of HR 70, the acting president announced the Sen ate adjourned until 10:00 o'clock, February llth.

214

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Monday, February 11, 1963.

The Senate met pursuant to adjournment at 10:00 o'clock this morning and was called to order by the president.

Scripture reading and prayer was offered by the chaplain, Reverend Fitzhugh Legerton, pastor, Oglethorpe Presbyterian Church, Decatur, Georgia.

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

Senator Pelham of the 10th reported that the journal of yesterday's proceed ings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Pannell of the 54th 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:

MONDAY, FEBRUARY 11, 1963

215

HB 18. By Mr. Twitty of Mitchell:
A bill to amend an act creating a Small Claims Court in certain coun ties, in order to provide for the procedure and practice in garnishments; and for other purposes.

HB 23. By Mr. Sinclair of Macon:
A bill to change the charter of the City of Montezuma; and for other purposes.

HB 25. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta so as to provide that the City of Atlanta shall have power to contract with any person, firm or corporation to store, repair and sell any per sonal property, other than motor vehicles, removed from the sidewalks and streets in the City of Atlanta: and for other purposes.

HB 26. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta relating to water mains in the City of East Point; and for other pur poses.

HB 27. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, relating to sewers laid down or constructed through or over any private property; and for other purposes.

HB 34. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, relating to insurance on all employees; and for other purposes.

HB 36. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, relating to business or occupation license fees; and for other purposes.

HB 49. By Mr. Watts of Talbot:
A bill to amend an act establishing a Board of County Commissioners for the County of Talbot, so as to divide Talbot County into 3 election districts; and for other purposes.

216

JOURNAL OF THE SENATE,

HB 55. By Messrs. Richardson, Shea and Funk of Chatham:
A bill to create the Steamship "Savannah" Commission, a body corporate and politic and a public corporation of the State; and for other purposes.

HB 62. By Mr. Rainey of Crisp:
A bill to amend an act relating to fees paid coroners, so as to change the compensation of coroners in certain counties having a population of not less than 17,650 and not more than 17,800; and for other purposes.

HB 67. By Messrs. Ponsell and Dixon of Ware:
A bill to amend an act to provide and establish a new charter for the City of Waycross, so as to change the City limits of the City of Waycross; and for other purposes.

HB 71. By Mr. Dorminy of Ben Hill:
A bill to amend an act amending and revising the Charter for the City of Fitzgerald; and for other purposes.

HB 72. By Mr. Dorminy of Ben Hill:
A bill to create the Fitzgerald and Ben Hill County Development Author ity; and for other purposes.

HB 74. By Mr. Tabb of Miller:
A bill to amend an act establishing a city court in and for the County of Miller, so as to increase the salary for the city judge; and for other purposes.

HB 78. By Messrs. Greene and Cullens of Bartow:
A bill to change from the fee to the salary system in Bartow County, the Sheriff, the Clerk of the Superior Court and the Ordinary of such county, so as to provide for a change in compensation for Sheriff's depu ties; and for other purposes.

HB 79. By Messrs. Greene and Cullens of Bartow:
A bill to amend an act to change from the fee to the salary system in Bartow County, the Sheriff, the Clerk of the Superior Court of such county, so as to change compensation of deputy clerk of Superior Court; and for other purposes.

MONDAY, FEBRUARY 11, 1963

217

HB 80. By Messrs. Greene and Cullens of Bartow:
A bill to change from the fee to the salary system in Bartow County, the sheriff, the Clerk of the Superior Court and the Ordinary of such county, so as to change the compensation received by the Ordinary for clerical help; and for other purposes.

HB 81. By Messrs. Greene and Cullens of Bartow:
A bill to amend an act creating the Office of Commissioner of Roads and Revenues of Bartow County, so as to change the compensation received by the Commissioner for clerical help; and for other purposes.

HB 82. By Messrs. Greene and Cullens of Bartow:
A bill to amend an act to consolidate offices of Tax Receiver and Tax Collector of Bartow County into the office of Tax Commissioner of Bartow County; and for other purposes.

HB 83. By Messrs. Greene and Cullens of Bartow:
A bill to amend an act to change from the fee system to the salary sys tem in Bartow County, the Sheriff, the Clerk of the Superior Court and the Ordinary of such county, so as to provide for two automobiles and equipment to be furnished the Sheriff's Office; and for other purposes.

HB 89. By Mr. Warren of Wayne:
A bill to amend an act creating the office of Clerk of the Board of Com missioners of roads and revenues for Wayne County, so as to provide that the Clerk shall be appointed by the county administrator; and for other purposes.

HB 90. By Mr. Warren of Wayne: A bill to create and establish the Jesup-Wayne County Airport Author ity and to authorize such Authority to acquire, construct and equip and own, and improve airports and landing fields; and for other purposes.
HB 91. By Mr. Warren of Wayne: A bill to amend an act to place the compensation of the sheriff and Clerk of Wayne County on a salary basis; and for other purposes.
HB 92. By Messrs. Lowrey and Jordan of Floyd: A bill to provide for a supplement to the salary of the Judge of the Superior Court of the Rome Judicial Circuit; and for other purposes.

218

JOURNAL OF THE SENATE,

HB 94. By Messrs. Killian and Isenberg of Glynn:
A bill to amend an act relating to the limitation of ad valorem taxation by municipal corporations, so as to provide that the City of Brunswick shall not be affected by certain provisions; and for other purposes.

HB 98. By Mr. Lambert of Morgan:
A bill to change the compensation of the Coroner of Morgan County from a fee to a salary system; and for other purposes.

HB 99. By Mr. Lambert of Morgan:
A bill to amend an act creating a new charter for the City of Madison, so as to change the compensation of the mayor and aldermen of said city; and for other purposes.

SR 15. By Senators Lee of the 47th, Knox of the 24th, Scott of the 23rd, Fuqua of the 22nd, and Broun of the 46th:
A resolution endorsing the further development of the Savannah River by the authorization and construction of a multi-purpose project at the Trotters Shoals site.

The House has adopted the following resolutions of the House, to-wit:

HR 62. By Messrs. Bell, Hull and Fleming of Richmond:
A resolution requesting Congress to continue assistance to the Junior R.O.T.C. programs; and for other purposes.

HR 63. By Messrs. Milhollin of Coffee, Newton of Colquitt, Raulerson of Echols, and many others:
A resolution proposing that the Commissioner of Agriculture and State Experiment Stations conduct an educational program concerning the proper use of MH-30; and for other purposes.

HR 71. By Messrs. Brooks, McClelland and Etheridge of Fulton:
A resolution expressing regrets at the passing of Dean Raimundo de Ovies; and for other purposes.

HR 73. By Messrs. Brooks, McClelland and Etheridge of Fulton:
A resolution expressing regrets at the passing of Honorable Luke S. Arnold, Chief Judge of the General Division of the Municipal Court of Atlanta; and for other purposes.

MONDAY, FEBRUARY 11, 1963

219

HR 74. By Messrs. Brooks, McClelland and Etheridge of Fulton:
A resolution expressing regrets at the passing of Honorable Benjamin Joseph Massell; and for other purposes.

HR 75. By Messrs. Brooks, McClelland and Etheridge of Fulton:
A resolution expressing regrets at the passing of Dr. Wallace Rogers; and for other purposes.

HR 76. By Messrs. Brooks, McClelland and Etheridge of Fulton:
A resolution expressing regrets at the passing of Honorable Robert E. Lee Field; and for other purposes.

The following resolutions were read and adopted:

HR 62. By Messrs. Bell, Hull and Fleming of Richmond:
A resolution requesting Congress to continue assistance to the Junior R.O.T.C. programs; and for other purposes.

HR 63. By Messrs. Milhollin of Coffee, Newton of Colquitt, Raulerson of Echols and many others:
A resolution proposing that the Commissioner of Agriculture and State Experiment Stations conduct an educational program concerning the proper use of HG-30; and for other purposes.

HR 71. By Messrs. Brooks, McClelland and Etheridge of Fulton:
A resolution expressing regrets at the passing of Dean Raimundo de Ovies; and for other purposes.

HR 73. By Messrs. Brooks, McClelland and Etheridge of Fulton:
A resolution expressing regrets at the passing of Honorable Luke S. Arnold, Chief Judge of the General Division of the Municipal Court of Atlanta; and for other purposes.

HR 74. By Messrs. Brooks, McClelland and Etheridge of Fulton: A resolution expressing regrets at the passing of Honorable Benjamin Joseph Massell; and for other purposes.
HR 75. By Messrs. Brooks, McClelland and Etheridge of Fulton: A resolution expressing regrets at the passing of Dr. Wallace Rogers; and for other purposes.

220

JOURNAL OP THE SENATE,

HR 76. By Messrs. Brooks, McClelland and Etheridge of Pulton:
A resolution expressing regrets at the passing of Honorable Robert E. Lee Field; and for other purposes.

The following bills and resolutions were introduced, read the first time and referred to committees:

SB 26. By Senator Phillips of the 27th:
A bill creating a Department of Public Safety, so as to provide that drivers of school buses must obtain a chauffeur's license; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

SB 27. By Senators Carter of the 14th and Pennington of the 45th:
A bill to regulate the registration, labeling, analysis, sale and applica tion of agricultural limestone; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

SB 28. By Senators Coggin of the 35th and Brown of the 34th:
A bill regulating the installation of warm air heating equipment, and creating a Board of Examiners of Warm Air Heating Contractors, so ' as to provide for additional persons who shall be eligible to serve on the Board of Examiners; and for other purposes.
Referred to Committee on Industry and Labor.
SB 29. By Senators Brown of the 34th, Wesberry of the 37th, Johnson of the 38th, Maclntyre of the 40th, Brewer of the 39th, Salome of the 36th, and Coggin of the 35th:
A bill to authorize Fulton County to operate a sanitary landfill for the disposal of public and private industrial waste, refuse and garbage; and for other purposes.
Referred to Committee on County and Municipal Governments.
SR 34. By Senators Brown of the 34th, Wesberry of the 37th, Salome of the 36th, Coggin of the 35th, Maclntyre of the 40th, Brewer of the 39th, and Johnson of the 38th:
A resolution providing for the extension of time within which the Elec tion Study Commission created by Resolution No. 261 of the 1962 Session of the General Assembly shall make a report of its findings and recom mendations.
Referred to Committee on Rules.

MONDAY, FEBRUARY 11, 1963

221

HB 18. By Mr. Twitty of Mitchell:
A bill to amend an act creating a Small Claims Court in certain coun ties, in order to provide for the procedure and practice in garnishments, in issuing executions from said court; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 23. By Mr. Sinclair of Macon:
A bill to change the charter of the City of Montezuma; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 25. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta so as to provide that the City of Atlanta shall have power to contract with any person, firm or corporation to store, repair and sell any per sonal property, other than motor vehicles, removed from the sidewalks and streets in the City of Atlanta; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 26. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta relating to water mains in the City of East Point; and for other pur poses.
Referred to Committee on County and Municipal Governments.

HB 27. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta relating to sewers laid down or constructed through or over any private property; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 34. By Messrs. Brooks, Etheridge and McClelland of Fulton: A bill to amend an act establishing a new charter for the City of Atlanta relating to insurance on all employees; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 36. By Messrs. Brooks, Etheridge and McClelland of Fulton: A bill to amend an act establishing a new charter for the City of Atlanta relating to business or occupation license fees; and for other purposes.
Referred to Committee on County and Municipal Governments.

222

JOURNAL OF THE SENATE,

HB 49. By Mr. Watts of Talbot:
A bill to amend an act establishing a Board of County Commissioners for the County of Talbot, so as to divide Talbot County into three elec tion districts; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 55. By Messrs. Richardson, Shea and Funk of Chatham:
A bill to create The Steamship "Savannah" Commission, a body cor porate and politic and a public corporation of the State; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 62. By Mr. Rainey of Crisp:
A bill to amend an act relating to fees paid coroners, so as to change the compensation of coroners in certain counties having a population of not less than 17,650 and not more than 17,800; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 67. By Mr. Ponsell of Ware:
A bill to amend an act to provide and establish a new charter for the City of Waycross, so as to change the city limits of the City of Waycross ; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 71. By Mr. Dorminy of Ben Hill: A bill to amend an act amending and revising the charter for the City of Fitzgerald; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 72. By Mr. Dorminy of Ben Hill: A bill to create the Fitzgerald and Ben Hill County Development Au thority; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 74. By Mr. Tabb of Miller: A bill to amend an act establishing a city court in and for the County of Miller, so as to increase the salary for the city judge; and for other purposes.
Referred to Committee on County and Municipal Governments.

MONDAY, FEBRUARY 11, 1963

223

HB 78. By Mr. Greene of Bartow:
A bill to change from the fee to the salary system in Bartow County the sheriff, the clerk of the superior court and the ordinary of the county, so as to provide for a change in compensation for sheriff's deputies; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 79. By Mr. Greene of Bartow:
A bill to amend an act to change from the fee to the salary system in Bartow County, the sheriff, the clerk of the superior court of such county, so as to change compensation of deputy clerk of superior court; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 80. By Mr. Greene of Bartow:
A bill to amend an act to change from the fee to the salary system in Bartow County, the sheriff, the clerk of the superior court and the Ordinary of such county, so as to change the compensation received by the ordinary for clerical help; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 81. By Mr. Greene of Bartow:
A bill to amend an act creating the Office of Commissioner of Roads and Revenues of Bartow County, so as to change the compensation re ceived by the commissioner for clerical help; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 82. By Mr. Greene of Bartow:
A bill to amend an act to consolidate offices of tax receiver and tax col lector of Bartow County into the office of tax commissioner of Bartow County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 83. By Mr. Greene of Bartow:
A bill to amend an act to change from the fee to the salary system in Bartow County, the sheriff, the clerk of the superior court and the ordinary of such county, so as to provide that two automobiles and equip ment be furnished the sheriff's office; and for other purposes.
Referred to Committee on County and Municipal Governments.

224

JOURNAL OP THE SENATE,

HB 89. By Mr. Warren of Wayne:
A bill to amend an act creating the office of clerk of the Board of Com missioners of Roads and Revenues for Wayne County, so as to provide that the clerk shall be appointed by the county administrator; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 90. By Mr. Warren of Wayne:
A bill to create and establish the Jesup-Wayne County Airport Author ity and to authorize such Authority to acquire, construct, equip, own and improve airports and landing fields; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 91. By Mr. Warren of Wayne:
A bill to amend an act to place the compensation of the sheriff and clerk of Wayne County on a salary basis; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 92. By Messrs. Lowrey and Jordan of Ployd:
A bill to provide for a supplement to the salary of the judge of the Superior Court of the Rome Judicial Circuit; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 94. By Messrs. Killian and Isenberg of Glynn:
A bill to amend an act relating to the limitation of ad valorem taxation by municipal corporations, so as to provide that the City of Brunswick shall not be affected by certain provisions; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 98. By Mr. Lambert of Morgan: A bill to change the compensation of the coroner of Morgan County from a fee to a salary system; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 99. By Mr. Lambert of Morgan: A bill to amend an act creating a new charter for the City of Madison, so as to change the compensation of the mayor and aldermen of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.

MONDAY, FEBRUARY 11, 1963

225

The following bills and resolutions were read the second time:

SB 19. By Senator Byrd of the 17th:
A bill to repeal an act relating to the payment of grants of State and local funds for school children; and for other purposes.

SB 20. By Senator Miller of the 50th:
A bill to create a State Board for the preservation of Natural Areas; to provide for appointment of members and terms of office; and for other purposes.

SB 21. By Senator Loggins of the 53rd:
A bill to amend section 68-502 of Code of Georgia of 1933, as amended, defining certain terms used in Chapter 68-5 of Code of Ga. of 1933, as amended, concerning the regulation of "motor carriers", so as to define "for hire" transportation of a motor carrier; to repeal conflicting laws; and for other purposes.

SB 22. By Senator Loggins of the 53rd:
A bill to amend Section 68-601 of the Code of Georgia of 1933, as amended, defining certain terms used in Chapter 68-6 of Code of Ga. of 1933, as amended, concerning regulation of "motor common carriers", so as to re-define "for hire" transportation of a motor common carrier to include (i) an activity wherein a person for compensation leases or otherwise permits the use of a motor vehicle by other than a carrier holding authority from the Commission, and who furnishes in connection therewith a driver, either directly or indirectly; and for other purposes.

SB 23. By Senator Loggins of the 53rd:
A bill to amend section 68-502, Code of Georgia of 1933, as amended, defining certain terms used in Chapter 68-5, Code of Georgia of 1933, as amended, concerning regulation of "motor carriers", so as to provide that term "motor carrier", as defined in Section 68-502, shall not include taxicabs, drays, trucks, buses and other motor vehicles which operate within corporate limits of municipalities and are subject to regulation by governing authorities of such municipalities; and for other purposes.

SB 24. By Senator Loggins of the 53rd:
A bill providing for issuance, transfer, revocation, suspension, amend ment and renewal of certificates of public convenience; and for other purposes.

226

JOURNAL OF THE SENATE,

SB 25. By Senator Phillips of the 27th:
A bill relating to the time, place, and manner of holding public sales of property under execution; and for other purposes.

HB 7. By Messrs. Smith of Grady, Bolton of Spalding, Steis of Harris and others:
A bill to authorize State loans or grants to counties to aid in defraying the cost of property valuation and equalization programs for ad valorem tax purposes; and for other purposes.

HB 37. By Messrs. Payton of Coweta and Overby of Hall:
A bill to amend an act relating to the definition of certain terms and the exclusion of certain motor vehicles from the provisions of the law relating to motor contract carriers, so as to exempt certain vehicles used exclusively for construction and maintenance of federal facilities; and for other purposes

HB 57. By Mr. Bowen of Randolph: A bill to amend an act incorporating Andrews Female College, so as to change the term of office of Trustees; and for other purposes.
HR 17. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade and Steis of Harris: A resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly shall be authorized to enact legislation treating any and all motor vehicles including trailers, as a separate class from other classes of tangible property for ad valorem tax purposes.
HR 20. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens: A resolution proposing an amendment to the Constitution so as to pre scribe more democratic provisions for the merger, consolidation and division of counties; to provide for a referendum; and for other purposes.
HR 27. By Messrs. Smith of Grady and Bolton of Spalding: A resolution providing for a seal for the General Assembly and the House of Representatives and Senate; and for other purposes.
Accompanied by His Excellency, the Governor, and other distinguished guests, Honorable Herve Alphand, the French Ambassador to the United States, appeared upon the floor of the Senate.

MONDAY, FEBRUARY 11, 1963

227

Governor Carl E. Sanders presented the Ambassador, who briefly addressed the members of the Senate.

Senator Pannell of the 54th moved that the Senate do now adjourn until 11:00 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 11:00 o'clock tomorrow morning.

228

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Tuesday, February 12, 1963.

The Senate met pursuant to adjournment at 11:00 o'clock this morning and was called to order by the president.

Scripture reading and prayer was offered by the chaplain, Reverend Ben F. Williams, pastor, Pine Forest Methodist Church, Dublin, Georgia.

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

Senator Pelham of the 10th reported that the journal of yesterday's proceed ings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Pannell of the 54th 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:

TUESDAY, FEBRUARY 12, 1963

229

HB 28. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act relating to pensions of officers and employees in cities having a population of more than 150,000, so as to provide for a refund of contributions by members made for months for which no pen sion credit accrues; and for other purposes.

HB 29. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000; and for other purposes.

HB 30. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act to repeal an act relating to pensions for mem bers of the Police Department in cities having a population of 150,000; and for other purposes.

HB 31. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act relating to the treasurer in cities having a popu lation of more than 150,000; and for other purposes.

HB 32. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000; and for other purposes.

HB 33. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act to repeal an Act relating to pensions for mem bers of the police department in cities having a population of more than 150,000, and relating to the Treasurer; and for other purposes.

HB 44. By Mr. Milhollin of Coffee:
A bill to amend an act providing for the licensing and regulation of livestock dealers in the State of Georgia, so as to require recording of the names of persons bringing in livestock; and for other purposes.

HB 46. By Mr. Jordan of Calhoun:
A bill to change the terms of the Superior Court of Calhoun County; and for other purposes.

230

JOURNAL OF THE SENATE,

HB 47. By Messrs. Walker and Gibbons of Lowndes:
A bill to provide that the tax commissioners of certain counties shall be ex-officio sheriffs for the purpose of collecting tax fi. fas., which are issued by tax commissioner; and for other purposes.

HB 56. By Messrs. Richardson, Shea and Funk of Chatham:
A bill to amend an act establishing the State Employees Retirement System, so as to remove that provision which declares that no coverage under said Act shall extend to any official or employee who is covered under the provisions of any other system; and for other purposes.

HB 54. By Messrs. House of Bibb, Pope of Cherokee, Watson of Pike, and others:
A bill to provide that a prior period of residency in a territory after wards annexed to a municipality shall be deemed residence within the municipality for the purpose of qualifying a person to hold office; and for other purposes.

HB 96. By Mr. Towson of Laurens: A bill to amend an act relating to the amount and conditions of bonds that tax collectors and tax commissioners are required to give the State and County, so as to provide that the bond required on behalf of the county shall not exceed $60,000; and for other purposes.
The House has adopted the following resolution of the Senate, to-wit:

SR 25. By Senators Rowan of the 8th and McKinnon of the 7th: A resolution proposing that the Commissioner of Agriculture and State Experiment Stations conduct an immediate educational program con cerning the proper use of "MH-30"; and for other purposes.
The following resolutions were read and adopted:

SR 37. By Senators Brown of the 34th, Jackson of the 16th, Byrd of the 17th and Gordy of the 15th:
A resolution expressing regret at the passing of Honorable James W. Woodruff; and for other purposes.

SR 42. By Senators Pannell of the 54th, Kendrick of the 32nd, Salome of the 36th and Webb of the llth:
A RESOLUTION
Commending Senator Jack Fincher of the 51st District.

TUESDAY, FEBRUARY 12, 1963

231

WHEREAS, it has been brought to the attention of this Body that the Honorable Jack Fincher has been awarded the silver Beaver Award in Scouting; and

WHEREAS, this is the highest Award that can be presented to a Scouter on the local council level; and

WHEREAS, it is within the knowledge of this Body that to receive such an Award shows that over the years he has been diligent and faith ful to the ideals of Scouting, having been Assistant Scoutmaster to Troop #142 from 1954 to 1957, Chairman of the Camping and Activities Com mittee of the Cherokee-Pickens District from 1954 to 1955, Health and Safety Chairman of the District from 1956 through 1958, Chairman of the Cherokee-Pickens District in 1962, and is at present a member of the Atlanta Area Council Executive Board;

NOW, THEREFORE, in recognition of this outstanding record in Scouting, his further record in Lionism, Rotary Club, as Trustee of two (2) colleges, as a member of the Board of Education and various other civic activities and leadership; we commend him very highly and con gratulate him upon this reward for his efforts.

BE IT FURTHER RESOLVED, that this Resolution be entered into the minutes of this Body and that a copy of same, appropriately tran scribed by the Clerk of this Body, be presented to Senator Jack Fincher.

SR 43. By Senators Kendrick of the 32nd and Yancey of the 33rd:
A resolution urging the Regents of the University System of Georgia to construct additional dormitories for Southern Technical Institute lo cated at Marietta, Georgia; and for other purposes.

The following bills and resolutions were introduced, read the first time and referred to committees:

SB 30. By Senator Webb of the llth:
A bill creating a new charter for the City of Donalsonville in Seminole County so as to change the compensation of the mayor and aldermen of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 31. By Senator Downing of the 1st:
A bill relating to Workman's Compensation, as amended, so as to pro vide a time limitation for investigating and entering into agreements to pay compensation; and for other purposes.
Referred to Committee on Industry and Labor.

232

JOURNAL OF THE SENATE,

SB 32. By Senators Knox of the 24th, Gillis of the 20th, Pannell of the 54th, Pennington of the 45th, Smalley of the 28th, Rowan of the 8th, McKinnon of the 7th, Scott of the 23rd, Holloway of the 12th, and Brown of the 34th:
A bill to provide minimum standards for lumber placed in permanent construction; to provide for the enforcement of such standards by the Georgia Forestry Commission; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

SB 33. By Senators Phillips of the 27th, Smalley of the 28th, and Carlton of the 21st:
A bill to make it unlawful for any person to post or cause to be posted in any manner any type of banner, placard, poster, or other advertise ment on the roads or streets; and for other purposes.
Referred to Committee on Highways.

SB 34. By Senator Rowan of the 8th:
A bill to prevent certain firemen from engaging in certain activities and belonging to certain organizations; to provide for certain safeguards to such firemen; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 35. By Senators Brown of the 34th, Johnson of the 42nd, Searcey of the 2nd, Salome of the 36th, Downing of the 1st, Kidd of the 25th, Gayner of the 5th, McKinnon of the 7th, Rowan of the 8th, and Conway of the 41st:
A bill relating to "Non-profit Medical Service Corporations", so as to provide that podiatrists shall have the same rights and privileges as doctors of medicine.
Referred to Committee on Health and Welfare.

SB 36. By Senator Wesberry of the 37th:
A bill to provide limitations upon the amount of compensation to be received by a member of the General Assembly from the State of Geor gia; and for other purposes.
Referred to Committee on Rules.

SB 37. By Senator Wesberry of the 37th:
A bill to provide for the auditing of all funds expended by the legislative branch of the state government; to provide for the procedure connected therewith; and for other purposes.
Referred to Committee on Rules.

TUESDAY, FEBRUARY 12, 1963

233

SB 38. By Senators Johnson of the 42nd, McWhorter of the 43rd, and Conway of the 41st:
A bill to amend an act so as to change, enlarge, and extend the cor porate limits of the City of Decatur in the County of DeKalb, by the incorporation of additional and contiguous territory therein; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 39. By Senators Miller of the 50th, Kendrick of the 32nd, Searcey of the 2nd, and Brown of the 34th:
A bill to provide that it shall be unlawful to sell certain automobiles after January 1, 1964, unless they be equipped with safety belts; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

SB 40. By Senator Conway of the 41st:
A bill to provide for the wearing of badges by poll workers; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.

SB 41. By Senator Conway of the 41st: A bill to amend an act entitled "Uniform Airports Act", so as to prohibit the charging of landing fees; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
SB 42. By Senator Phillips of the 27th: A bill relating to penalties against insurers for refusing to pay claims in bad faith, so as to provide that such insurer shall be subject to certain penalties; and for other purposes.
Referred to Committee on Judiciary.
SB 43. By Senators Kendriek of the 32nd, and Phillips of the 27th: A bill to remedy a cause of unemployment within the State of Georgia; to make unlawful the employment of non-resident professional strike breakers to replace the residents of the State of Georgia involved in labor dispute; and for other purposes.
Referred to Committee on Industry and Labor.
SR 35. By Senator Johnson of the 42nd: A resolution creating a "Citizens Committee on Legislative Pay and Per quisites"; to provide for the appointment and compensation of its mem-

234

JOURNAL OF THE SENATE,

bers; to define the duties and powers of the committee; and for other purposes.
Referred to Committee on Rules.

SR 36. By Senator Johnson of the 42nd: A resolution creating a "Public Pensions Study Commission"; to provide for the appointment and compensation of its members; to define the duties and powers of the Commission; and for other purposes.
Referred to Committee on Rules.
SR 38. By Senator Downing of the 1st: A resolution proposing an amendment to the Constitution so as to pro vide exemptions from school taxes for all persons 65 or over with less than $2,500 yearly income; and for other purposes.
Referred to Committee on Rules.
SR 39. By Senator McWhorter of the 43rd: A resolution proposing an amendment to the Constitution so as to pro vide for increased homestead exemption for certain retired persons 65 years of age or over; and for other purposes.
Referred to Committee on Rules.
SR 40. By Senators Rowan of the 8th, and Wesberry of the 37th: A resolution amending the Senate Rules by amending Rule 25 relating to the qualifications and method of appointment of pages; and for other purposes.
Referred to Committee on Rules.
SR 41. By Senator Downing of the 1st: A resolution relating to 52nd Street extended in Chatham County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 28. By Messrs. Brooks, Etheridge and McClelland of Fulton: A bill to amend an act relating to pensions to officers and employees in cities having a population of more than 150,000, so as to provide for a refund of contributions by members made for months for which no pension credit accrues; and for other purposes.
Referred to Committee on County and Municipal Governments.

TUESDAY, FEBRUARY 12, 1963

235

HB 29. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 30. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act to repeal an act relating to pensions for mem bers of the Police Department in cities having a population of 150,000; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 31. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act relating to the treasurer in cities having a popu lation of more than 150,000; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 32. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 33. By Messrs. Brooks, Etheridge and McClelland of Fulton: A bill to amend an act to repeal an act relating to pensions for members of the police department in cities having a population of more than 150,000, and relating to the treasurer; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 44. By Mr. Milhollin of Coffee: A bill to amend an act providing for the licensing and regulation of live stock dealers in the State of Georgia, so as to require recording of the names of persons bringing in livestock; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 46. By Mr. Jordan of Calhoun: A bill to change the term of the Superior Court of Calhoun County; and for other purposes.
Referred to Committee on County and Municipal Governments.

236

JOURNAL OF THE SENATE,

HB 47. By Messrs. Walker and Gibbons of Lowndes:
A bill to provide that the tax commissioners of certain counties shall be ex-officio sheriffs for the purpose of collecting tax fi. fas., which are issued by tax commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 54. By Messrs. House of Bibb, Pope of Cherokee, Watson of Pike and others:
A bill to provide that a prior period of residency in a territory after wards annexed to a municipality shall be deemed residence within the municipality for the purpose of qualifying a person to hold office; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 56. By Messrs. Richardson, Shea and Funk of Chatham:
A bill to amend an act establishing the State Employees Retirement System, so as to remove that provision that declares that no coverage under said act shall extend to any official or employee who is covered under the provisions of any other system; and for other purposes.
Referred to Committee on Rules.

HB 96. By Mr. Towson of Laurens: A bill to amend an act relating to the amount and conditions of bonds that tax collectors and tax commissioners are required to give the state and county, so as to provide that the bond required on behalf of the county shall not exceed $60,000.00; and for other purposes.
Referred to Committee on Rules.
The following bills and resolutions were read the second time:
SB 26. By Senator Phillips of the 27th: A bill creating a Department of Public Safety, so as to provide that drivers of school buses must obtain a chauffeur's license; and for other purposes.
SB 27. By Senators Carter of the 14th and Pennington of the 45th: A bill to regulate the registration, labeling, analysis, sale and applica tion of agricultural limestone; and for other purposes.
SB 28. By Senators Coggin of the 35th and Brown of the 34th: A bill regulating the installation of warm air heating equipment, and creating a Board of Examiners of Warm Air Heating Contractors, so as to provide for additional persons who shall be eligible to serve on the Board of Examiners; and for other purposes.

TUESDAY, FEBRUARY 12, 1963

237

SB 29. By Senators Brown of the 34th, Wesberry of the 37th, Johnson of the 38th, Maclntyre of the 40th, Brewer of the 39th, Salome of the 36th, and Coggin of the 35th:
A bill to authorize Fulton County to operate a sanitary landfill for the disposal of public and private industrial waste, refuse and garbage; and for other purposes.

SR 34. By Senators Brown of the 34th, Wesberry of the 37th, Salome of the 36th, Coggin of the 35th, Maclntyre of the 40th, Brewer of the 39th, and Johnson of the 38th:
A resolution providing for the extension of time within which the Elec tion Study Commission created by Resolution No. 261 of the 1962 Ses sion of the General Assembly shall make a report of its findings and recommendations.

HB 18. By Mr. Twitty of Mitchell:
A bill to amend an act creating a Small Claims Court in certain counties, in order to provide for the procedure and practice in garnishments, in issuing executions from said court; and for other purposes.

HB 23. By Mr. Sinclair of Macon:
A bill to change the charter of the City of Montezuma; and for other purposes.

HB 25. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta so as to provide that the City of Atlanta shall have power to contract with any person, firm or corporation to store, repair and sell any per sonal property, other than motor vehicles, removed from the sidewalks and streets in the City of Atlanta; and for other purposes.

HB 26. By Messrs. Brooks, Etheridge and McClelland of Fulton: A bill to amend an act establishing a new charter for the City of Atlanta relating to water mains in the City of East Point; and for other purposes.
HB 27. By Messrs. Brooks, Etheridge and McClelland of Fulton: A bill to amend an act establishing a new charter for the City of Atlanta relating to sewers laid down or constructed through or over any private property; and for other purposes.
HB 34. By Messrs. Brooks, Etheridge and McClelland of Fulton: A bill to amend an act establishing a new charter for the City of Atlanta relating to insurance on all employees; and for other purposes.

238

JOURNAL OF THE SENATE,

HB 36. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta relating to business or occupation license fees; and for other purposes.

HB 49. By Mr. Watts of Talbot:
A bill to amend an act establishing a Board of County Commissioners for the County of Talbot, so as to divide Talbot County into three election districts; and for other purposes.

HB 55. By Messrs. Richardson, Shea and Funk of Chatham: A bill to create The Steamship "Savannah" Commission, a body cor porate and politic and a public corporation of the State; and for other purposes.
HB 62. By Mr. Rainey of Crisp: A bill to amend an act relating to fees paid coroners, so as to change the compensation of coroners in certain counties having a population of not less than 17,650 and not more than 17,800; and for other purposes.
HB 67. By Mr. Ponsell of Ware: A bill to amend an act to provide and establish a new charter for the City of Waycross, so as to change the city limits of the City of Waycross; and for other purposes.
HB 71. By Mr. Dorminy of Ben Hill: A bill to amend an act amending and revising the charter for the City of Fitzgerald; and for other purposes.
HB 72. By Mr. Dorminy of Ben Hill: A bill to create the Fitzgerald and Ben Hill County Development Au thority; and for other purposes.
HB 74. By Mr. Tabb of Miller: A bill to amend an act establishing a city court in and for the County of Miller, so as to increase the salary for the city judge; and for other pur poses.
HB 78. By Mr. Greene of Bartow: A bill to change from the fee to the salary system in Bartow County the sheriff, the clerk of the superior court and the ordinary of the county, so as to provide for a change in compensation for sheriff's deputies; and for other purposes.

TUESDAY, FEBRUARY 12, 1963

239

HB 79. By Mr. Greene of Bartow:
A bill to amend an act to change from the fee to the salary system in Bartow County, the sheriff, the clerk of the superior court of such county, so as to change compensation of deputy clerk of superior court; and for other purposes.

HB 80. By Mr. Greene of Bartow:
A bill to amend an act to change from the fee to the salary system in Bartow County, the sheriff, the clerk of the superior court and the Ordinary of such county, so as to change the compensation received by the ordinary for clerical help; and for other purposes.

HB 81. By Mr. Greene of Bartow:
A bill to amend an act creating the Office of Commissioner of Roads and Revenues of Bartow County, so as to change the compensation received by the commissioner for clerical help; and for other purposes.

HB 82. By Mr. Greene of Bartow: A bill to amend an act to consolidate offices of tax receiver and tax col lector of Bartow County into the office of tax commissioner of Bartow County; and for other purposes.
HB 83. By Mr. Greene of Bartow: A bill to amend an act to change from the fee to the salary system in Bartow County, the sheriff, the clerk of the superior court and the ordi nary of such county, so as to provide that two automobiles and equip ment be furnished the sheriff's office; and for other purposes.
HB 89. By Mr. Warren of Wayne: A bill to amend an act creating the office of clerk of the Board of Com missioners of Roads and Revenues for Wayne County, so as to provide that the clerk shall be appointed by the county administrator; and for other purposes.
HB 90. By Mr. Warren of Wayne: A bill to create and establish the Jesup-Wayne County Airport Author ity and to authorize such Authority to acquire, construct, equip, own and improve airports and landing fields; and for other purposes.
HB 91. By Mr. Warren of Wayne: A bill to amend an act to place the compensation of the sheriff and clerk of Wayne County on a salary basis; and for other purposes.

240

JOURNAL OP THE SENATE,

HB 92. By Messrs. Lowrey and Jordan of Floyd:
A bill to provide for a supplement to the salary of the judge of the Superior Court of the Rome Judicial Circuit; and for other purposes.

HB 94. By Messrs. Killian and Isenberg of Glynn: A bill to amend an act relating to the limitation of ad valorem taxation by municipal corporations, so as to provide that the City of Brunswick shall not be affected by certain provisions; and for other purposes.
HB 98. By Mr. Lambert of Morgan: A bill to change the compensation of the coroner of Morgan County from a fee to a salary system; and for other purposes.

HB 99. By Mr. Lambert of Morgan: A bill to amend an act creating a new charter for the City of Madison, so as to change the compensation of the mayor and aldermen of said city; and for other purposes.
The following committee report was submitted and read by the secretary:

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted the following report:

Mr. President:

Your Committee on Rules has had under consideration the following bill and resolutions of the House and has instructed me, as Secretary, to report the same back to the Senate with the following recommendations:

HB 2. Do Pass.

HR 15, Do Pass.

HR 16. Do Pass.

HR 17. Do Pass.

HR 27. Do Pass.

Respectfully submitted,

Rowan of 8th District,

Secretary.

TUESDAY, FEBRUARY 12, 1963

241

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative 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 32.
Respectfully submitted,
Pelham of 10th District,
Chairman.

The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:

HB 2. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend the current Income Tax Payment Act of 1960; to pro vide for the filing of declarations of estimated income tax by certain 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 15. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb and others:
A resolution to ratify, approve and confirm the executive order of the Governor, dated February 26, 1962, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible until the next meeting of the General Assembly; and for other purposes.

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

242

JOURNAL OF THE SENATE,

On the adoption of the resolution, the ayes were 39, nays 0.

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

HR 16. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb and others:
A resolution to ratify, approve and confirm the executive order of the Governor, dated September 25, 1962, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the purchases of tangible personal property and services for educational purposes; and for other purposes.

The report of the committee, which was favorable to the adoption of the reso lution, 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 17. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade and Steis of Harris:
A RESOLUTION
Proposing an amendment to the Constitution to provide that the General Assembly shall be authorized to enact legislation treating any and all motor vehicles including trailers, as a separate class from other classes of tangible property for ad valorem property tax purposes, and to adopt different rates, methods or assessment dates for the taxation of such property and to enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of ad valorem taxes on said motor vehicles; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph III of the Constitution is hereby amended by adding at the end thereof the following sentence:
"Notwithstanding anything to the contrary contained in this para graph, the General Assembly shall be authorized to enact legislation

TUESDAY, FEBRUARY 12, 1963

243

treating any and all motor vehicles including trailers, as a separate class from other classes of tangible property for ad valorem property tax purposes, and to adopt different rates, methods or assessment dates for the taxation of such property, and to enact legislation consistent here with to prevent any person, firm or corporation from escaping payment of their fair share of ad valorem taxes on said motor vehicles."

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 Legislature shall be authorized to enact legislation treating any and all motor vehicles including trailers, as a separate class from other classes of tangible property for ad valorem property tax purposes, and to adopt different rates, methods or assessment dates for the taxation of such property, and to enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of ad valorem taxes on said motor vehicles.
"Against ratification of amendment to the Constitution so as to pro vide that the Legislature shall be authorized to enact legislation treating any and all motor vehicles including trailers, as a separate class from other classes of tangible property for ad valorem property tax purposes, and to adopt different rates, methods or assessment dates for the taxa tion of such property, and to enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of ad valorem taxes on said motor vehicles."
All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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

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

244

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Byrd Carlton Carter Coggin Conway Downing Ellis Pincher Gayner Gillis Gordy Hall Har risen

Heard Holloway Hunt Jackson Johnson of 42nd Kendrick Knox Lee Loggins Maclntyre Miller Moore McKinnon Noble Oliver Owens

Pannell Pelham Pennington Phillips Plunkett Rowan Salome Scott Searcey Smalley Spinks Webb Wesberry Yancey Young Zorn

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

On the adoption of the resolution, the ayes were 48, nays 0.

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

HR 27. By Messrs. Smith of Grady and Bolton of Spalding:
A resolution providing for a seal for the General Assembly and the House of Representatives and 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.

Senator Pannell of the 54th moved that the Senate do now adjourn until 11:00 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 11:00 o'clock tomorrow morning.

WEDNESDAY, FEBRUARY 13, 1963

245

Senate Chamber, Atlanta, Georgia, Wednesday, February 13, 1963.

The Senate met pursuant to adjournment at 11:00 o'clock this morning, and was called to order by the president.

Scripture reading and prayer was offered by the chaplain, Reverend Ben F. Moore, pastor, St. Simons Presbyterian Church, St. Simons Island, Georgia.

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

Senator Pelham of the 10th reported that the journal of yesterday's proceed ings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Pannell of the 54th 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 and Senate, to-wit:

246

JOURNAL OF THE SENATE,

HR 97. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A resolution on the death of the Honorable James E. Jackson; and for other purposes.

HR 98. By Messrs. Smith of Grady, Bolton of Spalding, Matthews of Clarke, and Steis of Harris:
A resolution expressing regrets at the passing of Mrs. R. C. Burton; and for other purposes.

SR 32. By Senator Heard of the 29th:
A resolution relative to the development of the Chattahoochee-Apalachicola-Flint Waterway; and for other purposes.

The following resolutions were read and adopted:

SR 44. By Senator Kidd of the 25th:
A resolution expressing appreciation for the Prayer-Breakfast spon sored by the Atlanta and Fulton County Ministerial Association; and for other purposes.

HR 97. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A resolution on the death of the Honorable James E. Jackson; and for other purposes.

HR 98. By Messrs. Smith of Grady, Bolton of Spalding, Matthews of Clarke and Steis of Harris:
A resolution expressing4 regret at the passing of Mrs. R. C. Burton; and for other purposes.

The following bills and resolutions were introduced, read the first time, and referred to committees:

SB 44. By Senators Zorn of the 6th, McKinnon of the 7th, and Johnson of the 42nd:
A bill relating to court costs in civil cases, as amended, so as to provide for a minimum filing fee in all civil cases; to make provisions for cases where one party is a pauper; and for other purposes.
Referred to Committee on Judiciary.

WEDNESDAY, FEBRUARY 13, 1963

247

SB 45. By Senators Zorn of the 6th, McKinnon of the 7th, Webb of the llth, Yancey of the 33rd, and Johnson of the 42nd:
A bill relating to the authority of clerks of the Superior Courts, so as to authorize the clerks to collect recording fees in advance; and for other purposes.
Referred to Committee on Judiciary.

SB 46. By Senators Zorn of the 6th, McKinnon of the 7th, Webb of the llth, Yancey of the 33rd, and Johnson of the 42nd:
A bill relating to awarding judgment for costs for transmitting a tran script of a record to appellate courts, so as to require appellant to pay in advance; and for other purposes.
Referred to Committee on Judiciary.

SB 47. By Senator Wesberry of the 37th:
A bill relating to the indictment of county officials for malpractice; and for other purposes.
Referred to Committee on Judiciary.

SB 48. By Senator Wesberry of the 37th:
A bill to amend an act reorganizing the State Law Department, so as to withdraw the right of any State official charged with malfeasance; and for other purposes.
Referred to Committee on Judiciary.

SB 49. By Senators Brown of the 34th, Wesberry of the 37th, Salome of the 36th, Brewer of the 39th, Johnson of the 38th, Maclntyre of the 40th, and Coggin of the 35th:
A bill to amend an act establishing a new charter for the City of Fairburn; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 50. By Senator Gayner of the 5th: A bill to empower each judicial circuit of the State of Georgia to pro vide for a secretary for their respective Superior Court Judges; and for other purposes.
Referred to Committee on Judiciary.
SB 51. By Senators Maclntyre of the 40th, Brown of the 34th, Brewer of the 39th, Coggin of the 35th, Salome of the 36th, and Wesberry of the 37th: A bill to amend an act establishing a new charter for the City of East

248

JOURNAL OF THE SENATE,

Point in Fulton County, Georgia, and the several acts amendatory thereof; and for other purposes.
Referred to Committee on County and Municipal Governments.

The following bills and resolutions were read the second time:

SB 30. By Senator Webb of the llth:
A bill creating a new charter for the City of Donalsonville in Seminole County so as to change the compensation of the mayor and aldermen of said city; and for other purposes.

SB 31. By Senator Downing of the 1st:
A bill relating to Workman's Compensation, as amended, so as to pro vide a time limitation for investigating and entering into agreements to pay compensation; and for other purposes.

SB 32. By Senators Knox of the 24th, Gillis of the 20th, Pannell of the 54th, Pennington of the 45th, Smalley of the 28th, Rowan of the 8th, McKinnon of the 7th, Scott of the 23rd, Holloway of the 12th, and Brown of the 34th:
A bill to provide minimum standards for lumber placed in permanent construction; to provide for the enforcement of such standards by the Georgia Forestry Commission; and for other purposes.

SB 33. By Senators Phillips of the 27th, Smalley of the 28th, and Carlton of the 21st:
A bill to make it unlawful for any person to post or cause to be posted in any manner any type of banner, placard, poster, or other advertise ment on the roads or streets; and for other purposes.

SB 34. By Senator Rowan of the 8th:
A bill to prevent certain firemen from engaging in certain activities and belonging to certain organizations; to provide for certain safeguards to such firemen; to repeal conflicting laws; and for other purposes.
SB 35. By Senators Brown of the 34th, Johnson of the 42nd, Searcey of the 2nd, Salome of the 36th, Downing of the 1st, Kidd of the 25th, Gayner of the 5th, McKinnon of the 7th', Rowan of the 8th, and Conway of the 41st:
A bill relating to "Non-profit Medical Service Corporations", so as to provide that podiatrists shall have the same rights and privileges as doctors of medicine.

WEDNESDAY, FEBRUARY 13, 1963

249

SB 36. By Senator Wesberry of the 37th:
A bill to provide limitations upon the amount of compensation to be received by a member of the General Assembly from the State of Geor gia; and for other purposes.

SB 37. By Senator Wesberry of the 37th:
A bill to provide for the auditing of all funds expended by the legisla tive branch of the state government; to provide for the procedure con nected therewith; and for other purposes.

SB 38. By Senators Johnson of the 42nd, McWhorter of the 43rd, and Conway of the 41st:
A bill to amend an act so as to change, enlarge, and extend the corporate limits of the City of Decatur in the County of DeKalb, by the incor poration of additional and contiguous territory therein; and for other purposes.

SB 39. By Senators Miller of the 50th, Kendrick of the 32nd, Searcey of the 2nd, and Brown of the 34th:
A bill to provide that it shall be unlawful to sell certain automobiles after January 1, 1964, unless they be equipped with safety belts; and for other purposes.

SB 40. By Senator Conway of the 41st:
A bill to provide for the wearing of badges by poll workers; to repeal conflicting laws; and for other purposes.

SB 41. By Senator Conway of the 41st:
A bill to amend an act entitled "Uniform Airports Act", so as to pro hibit the charging of landing fees; and for other purposes.

SB 42. By Senator Phillips of the 27th:
A bill relating to penalties against insurers for refusing to pay claims in bad faith, so as to provide that such insurer shall be subject to certain penalties; and for other purposes.

SB 43. By Senators Kendrick of the 32nd, and Phillips of the 27th:
A bill to remedy a cause of unemployment within the State of Georgia; to make unlawful the employment of non-resident professional strike breakers to replace the residents of the State of Georgia involved in labor dispute; and for other purposes.

250

JOURNAL OF THE SENATE,

SR 35. By Senator Johnson of the 42nd:
A resolution creating a "Citizens Committee on Legislative Pay and Perquisites"; to provide for the appointment and compensation of its members; to define the duties and powers of the Committee; and for other purposes.

SR 36. By Senator Johnson of the 42nd:
A resolution creating a "Public Pensions Study Commission"; to pro vide for the appointment and compensation of its members; to define the duties and powers of the Commission; and for other purposes.

SR 38. By Senator Downing of the 1st:
A resolution proposing an amendment to the Constitution so as to pro vide exemptions from school taxes for all persons 65 or over with less than $2,500 yearly income; and for other purposes.

SR 39. By Senator McWhorter of the 43rd:
A resolution proposing an amendment to the Constitution so as to pro vide for increased homestead exemption for certain retired persons 65 years of age or over; and for other purposes.

SR 40. By Senators Rowan of the 8th and Wesberry of the 37th:
A resolution amending the Senate Rules by amending Rule 25 relating to the qualifications and method of appointment of pages; and for other purposes.

SR 41. By Senator Downing of the 1st: A resolution relating to 52nd Street extended in Chatham County; and for other purposes.
HB 28. By Messrs. Brooks, Etheridge and McClelland of Fulton: A bill to amend an act relating to pensions to officers and employees in cities having a population of more than 150,000, so as to provide for a refund of contributions by members made for months for which no pension credit accrues; and for other purposes.
HB 29. By Messrs. Brooks, Etheridge and McClelland of Fulton: A bill to amend an act providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000; and for other purposes.

WEDNESDAY, FEBRUARY 13, 1963

251

HB 30. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act to repeal an act relating to pensions for members of the Police Department in cities having a population of 150,000; and for other purposes.

HB 31. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act relating to the treasurer in cities having a popu lation of more than 150,000; and for other purposes.

HB 32. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000; and for other purposes.

HB 33. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act to repeal an act relating to pensions for members of the police department in cities having a population of more than 150,000, and relating to the treasurer; and for other purposes.

HB 44. By Mr. Milhollin of Coffee:
A bill to amend an act providing for the licensing and regulation of livestock dealers in the State of Georgia, so as to require recording of the names of persons bringing in livestock; and for other purposes.

HB 46. By Mr. Jordan of Calhoun:
A bill to change the terms of the Superior Court of Calhoun County; and for other purposes.

HB 47. By Messrs. Walker and Gibbons of Lowndes:
A bill to provide that the tax commissioners of certain counties shall be ex-officio sheriffs for the purpose of collecting tax fi. fas., which are issued by tax commissioner; and for other purposes.

HB 54. By Messrs. House of Bibb, Pope of Cherokee, Watson of Pike and others:
A bill to provide that a prior period of residency in a territory after wards annexed to a municipality shall be deemed residence within the municipality for the purpose of qualifying a person to hold office; and for other purposes.

252

JOURNAL OF THE SENATE,

HB 56. By Messrs. Richardson, Shea and Funk of Chatham:
A bill to amend an act establishing the State Employees Retirement System, so as to remove that provision that declares that no coverage under said act shall extend to any official or employee who is covered under the provisions of any other system; and for other purposes.

HB 96. By Mr. Towson of Laurens:
A bill to amend an act establishing the State Employees Retirement Systhat tax collectors and tax commissioners are required to give the State and county, so as to provide that the bond required on behalf of the county shall not exceed $50,000.00; and for other purposes.

The following committee reports were submitted and read by the secretary:

Senator Loggins of the 53rd District, Chairman of the Committee on Public Utilities and Transportation, submitted the following report:
Mr. President:
Your Committee on Public Utilities and Transportation has had under con sideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 26, Do Pass. Respectfully submitted,
Loggins of 53rd District, Chairman.

Mr. Kendrick of the 32nd 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 Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 19. Do Pass. Respectfully submitted, Kendrick of 32nd District, Chairman.

WEDNESDAY, FEBRUARY 13, 1963

253

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub-
$ mitted the following report: 8* rf 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 21. Do Pass. SR 22. Do Pass. SR 34. Do Pass. HB 8. Do Pass. HR 21. Do Pass, as Amended.
Respectfully submitted, Rowan of 8th District, Secretary.

Mr. Knox of the 24th District, Chairman of the Committee on Highways, sub mitted the following report:
Mr. President:
Your Committee on Highways 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 10. Do Pass, as Amended. SB 33. Do Pass. SB 14. Do Pass, as Amended. HB 37. Do Pass. HB 45. Do Pass.
Respectfully submitted, Knox of 24th District, Chairman.

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative 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

254

JOURNAL OF THE SENATE,

chairman, to report the same back to the Senate as correct and ready for trans mission to the House of Representatives:
SR 43. Respectfully submitted, Pelham of 10th District, Chairman.

The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:

HB 8. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb and others:
A bill to amend an act known as the "State Office Building Authority Act", so as to increase the amount for which revenue bonds may be issued; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 36, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 10. By Mr. Walker of Lowndes:
A bill to amend an act known as the Uniform Act Regulating Traffic on Highways, so as to change the speed restrictions for vehicles; and for other purposes.

The Committee on Highways offered the following amendment:
Amend HB 10 by adding to the last sentences of both paragraphs 4 and 5 of subsection (b) the following:
"Provided, however that buses owned or operated by a street rail road or other company engaged in the operation of an urban transit system which are used for the transportation of school children may be operated at speeds in excess of 40 miles per hour provided such speeds are within the maximum speed limits of the municipali ties in which such buses are operated."

On the adoption of the amendment, the ayes were 35, nays 0, and the amend ment was adopted.

WEDNESDAY, FEBRUARY 13, 1963

255

Senator Rowan of the 8th offered the following amendment:

Amend HB 10 on the third and sixth lines of subsection (b) 3 by changing the figure 45 to 40.

On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HR 21. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution creating the "Governor's Commission to Improve Educa tion"; to provide for appointment of members thereof and their tenure and expenses; to define the duties and powers of said Commission; and for other purposes.
The Committee on Rules offered the following amendment:
Amend HR 21 by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows:
"Section 1. There is hereby created a Commission to be known as the "Governor's Commission to Improve Education", hereinafter referred to as the "Commission". The Governor shall appoint as members on the Commission such number of citizens of Georgia, of recognized interest and expertise in the field of education as he deems advisable. He shall also appoint five members of the House of Representatives and three members of the Senate as members of the Commission. Said Commission shall serve until the time fixed by law for convening of the General Assembly in regular session in 1964, when the Commission shall stand abolished. The Governor shall fill all vacancies by appointment."
By striking section 8 in its entirety and inserting in lieu thereof a
new section 8 to read as follows:
"Section 8. The legislative members of the Commission shall receive the compensation, per diem, expenses and allowances author-

256

JOURNAL OF THE SENATE,

ized for legislative members of interim legislative committees. The other members of the Commission shall receive no per diem or com pensation for their services, but shall receive reimbursement for travel, lodging, meals and other actual expenses while away from their homes upon official business of the Commission, such expenses to be paid upon presentation of itemized vouchers by each such member, approved by the Chairman."

On the adoption of the amendment, the ayes were 33, nays 1, and the amend ment was adopted.

Senator Carter of the 14th offered the following amendment:
Amend HR 21 by striking from section 1 the word "three" where it appears therein between the words "and" and "shall" and substituting in lieu thereof the word "five" so that when so amended said third sen tence of section 1 shall read as follows:
"Five members of the Commission shall be members of the House of Representatives, and five shall be members of the Senate, which shall be appointed by the Governor."

On the adoption of the amendment, the ayes were 35, nays 5, and the amend ment was adopted.

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

On the adoption of the resolution, the ayes were 39, nays 0.

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

Senator Pannell of the 54th moved that the Senate do now adjourn until 11:00 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 11:00 o'clock tomorrow morning.

THURSDAY, FEBRUARY 14, 1963

257

Senate Chamber, Atlanta, Georgia, Thursday, February 14, 1963.

The Senate met pursuant to adjournment at 11:00 o'clock this morning, and was called to order by the president.

Scripture reading and prayer was offered by the chaplain, Reverend J. K. Hutchings of Hiawassee, Georgia.

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

Senator Pelham of the 10th reported that the journal of yesterday's proceed ings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Pannell of the 54th 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:

258

JOURNAL OF THE SENATE,

HB 50. By Messrs. Scarborough of Crawford, Keadle of Lamar, and others:
A bill to create the Georgia Board of Floral Designers; to provide for the appointment of members and to provide for their qualification, terms, duties, powers and compensation; and for other purposes.

HB 76. By Messrs. Parker of Screven, Keyton of Thomas, Lane of Bulloch and others:
A bill to amend an act creating the Minimum Foundation Program of Education in Georgia, so as to change the method of calculating finan cial ability of local units of administration; and for other purposes.

The House has passed, as amended, the following bill and resolution of the Senate:

SR 9. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th:
A resolution creating the "Governor's Commission for Efficiency and Improvement in Government", to provide for the appointment of mem bers thereof; and for other purposes.

SB 5. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th:
A bill to authorize the State and all its agencies, within constitutional limitations, to make available, in certain instances, services, assistance, funds, property and etc., to counties and municipalities who consolidate and merge; and for other purposes.

The House has passed, by substitute, the following bill of the Senate:

SB 6. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th:
A bill to authorize the Governor, within Constitutional limitations, to direct and effectuate the consolidation and merger of any one or more departments, agencies, commissions, of this State; and for other pur poses.

The House has adopted the following resolution of the House, to-wit:

HR 104. By Mr. Smith of Grady:
A resolution extending an invitation to the Hon. M. Monroe Kimbrel to address a joint session of the House and Senate; and for other purposes.

THURSDAY, FEBRUARY 14, 1963

259

The following bills and resolutions were introduced, read the first time, and referred to committees:

SB 52. By Senator Knox of the 24th:
A bill to amend an act placing certain county officers of McDuffie County on a salary system in lieu of a fee system, so as to provide a contingent expense allowance for the Clerk of Superior Court; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 53. By Senator Kidd of the 25th:
A bill to fix the situs of any motorboat required to be registered or licensed by the Georgia Motorboat Numbering Act, to provide the return of boats for the purpose of taxation; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

SB 54. By Senator Kidd of the 25th:
A bill to fix the situs of boats, houseboats, motorboats, sailboats, etc., for the purpose of ad valorem taxation; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

SB 55. By Senator Fuqua of the 22nd:
A bill to amend an act regulating advertising so as to provide that no person, firm, corporation or association may place deceptive advertising before the public.
Referred to Committee on Judiciary.

SB 56. By Senator Fuqua of the 22nd:
A bill relating to the advertisement of judicial sales, as amended, so as to authorize the supplementing of "official or legal advertising" by radio or television; and for other purposes.
Referred to Committee on Judiciary.

SB 57. By Senator Downing of the 1st:
A bill to amend the act prescribing and establishing compensation and/or salary for the coroner of Chatham County, Georgia, by striking the fig ures $2,700 and inserting $4,200; and for other purposes.
Referred to Committee on County and Municipal Governments.

260

JOURNAL OF THE SENATE,

SB 58. By Senators Ellis of the 44th, Kendrick of the 32nd, and Phillips of the 27th:
A bill to amend an act known as the "Minimum Foundation Program of Education Act", as amended, so as to provide other criteria for pro viding additional funds to local units which have exceptional needs; and for other purposes.
Referred to Committee on Educational Matters.

SB 59. By Senator Moore of the 31st:
A bill to create the Cedar town Development Authority; to provide the powers, authority, funds, purposes, organization and procedures con nected therewith; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 60. By Senator Salome of the 36th:
A bill to provide for the issuance by the State Revenue Commissioner of special license tags to motor vehicle owners who operate citizens' band radio stations; and for other purposes.
Referred to Committee on Rules.
SB 61. By Senator Salome of the 36th:
A bill relating to the powers of county police, so as to limit certain powers to the county of appointment or election; and for other purposes.
Referred to Committee on Rules.
SB 62. By Senators Smalley of the 28th, Pannell of the 54th, Phillips of the 27th, Carlton of the 21st, Webb of the llth, Johnson of the 42nd, Salome of the 36th, and Johnson of the 38th:
A bill to authorize the Supreme Court of Georgia to establish, as an administrative arm of the Court, a unified, self-governing bar associa tion to be known as the "State Bar of Georgia" composed of all persons now or hereafter licensed to practice law in this State; to repeal con flicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 63. By Senators Miller of the 50th, and Smalley of the 28th:
A bill to provide for penalty for the wilful burning of any real or per sonal property; and for other purposes.
Referred to Committee on Judiciary.

THURSDAY, FEBRUARY 14, 1963

261

SB 64. By Senators Miller of the 50th, Smalley of the 28th, and Johnson of the 42nd:
A bill to amend an act known as the "Georgia Insurance Code", as amended, so as to provide for penalty for false oath to procure benefit from an insurance policy; and for other purposes.
Referred to Committee on Judiciary.

SB 65. By Senators Miller of the 50th, Smalley of the 28th, and Johnson of the 42nd:
A bill to amend an act creating the office of Georgia Safety Fire Com missioner, as amended, so as to authorize and empower the State Fire Marshal to make arrests and carry weapons; and for other purposes.
Referred to Committee on Judiciary.

HB 50. By Messrs. Scarborough of Crawford, Keadle of Lamar and others:
A bill to create the Georgia Board of Floral Designers; to provide for the appointment of members and to provide for their qualifications, terms, duties, powers and compensation; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 76. By Messrs. Parker of Screven, Keyton of Thomas, Lane of Bulloch and others:
A bill to amend an act creating the Minimum Foundation Program of Education in Georgia, so as to change the method of calculating finan cial ability of local units of administration; and for other purposes.
Referred to Committee on Educational Matters.

The following bills and resolutions were read the second time:

SB 44. By Senators Zorn of the 6th, McKinnon of the 7th, and Johnson of the 42nd:
A bill relating to court costs in civil cases, as amended, so as to provide for a minimum filing fee in all civil cases; to make provisions for cases where one party is a pauper; and for other purposes.

SB 45. By Senators Zorn of the 6th, McKinnon of the 7th, Webb of the llth, Yancey of the 33rd, and Johnson of the 42nd:
A bill relating to the authority of clerks of the Superior Courts, so as to authorize the clerks to collect recording fees in advance; and for other purposes.

262

JOURNAL OF THE SENATE,

SB 46. By Senators Zorn of the 6th, McKinnon of the 7th, Webb of the llth,
Yancey of the 33rd, and Johnson of the 42nd: A bill relating to awarding judgment for costs for transmitting a tran script of a record to appellate courts, so as to require appellant to pay in advance; and for other purposes.

SB 47. By Senator Wesberry of the 37th:
A bill relating to the indictment of county officials for malpractice; and for other purposes.

SB 48. By Senator Wesberry of the 37th:
A bill to amend an act reorganizing the State Law Department, so as to withdraw the right of any State official charged with malfeasance; and for other purposes.

SB 49. By Senators Brown of the 34th, Wesberry of the 37th, Salome of the 36th, Brewer of the 39th, Johnson of the 38th, Maclntyre of the 40th, and Coggin of the 35th: A bill to amend an act establishing a new charter for the City of Fairburn; and for other purposes.
SB 50. By Senator Gayner of the 5th: A bill to empower each judicial circuit of the State of Georgia to provide for a secretary for their respective Superior Court Judges; and for other purposes.
SB 51. By Senators Maclntyre of the 40th, Brown of the 34th, Brewer of the 39th, Coggin of the 35th, Salome of the 36th and Wesberry of the 37th: A bill to amend an act establishing a new charter for the City of East Point in Fulton County, Georgia, and the several acts amendatory thereof; and for other purposes.
The following committee reports were submitted and read by the secretary:
Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bill and resolution of the House and has instructed me, as Secretary, to report the same back to the Senate with the following recommendations:

THURSDAY, FEBRUARY 14, 1963

263

HB 96. Do Pass. HR 20. Do Pass.

Respectfully submitted, Rowan of 8th District, Secretary.

Mr. Pennington of the 45th District, Chairman of the Committee on Agricul ture and Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources has had under con sideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommenda tions :
SB 27. Do Pass. SB 32. Do Pass. HB 44. Do Pass.
Respectfully submitted, Pennington of 45th District, Chairman.
Mr. Brown of the 34th 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 62. Do Pass. HB 67. Do Pass. HB 71. Do Pass. HB 72. Do Pass. HB 74. Do Pass. HB 78. Do Pass. HB 79. Do Pass. HB 80. Do Pass. HB 81. Do Pass.

264

JOURNAL OF THE SENATE,

HB 82. Do Pass. HB 83. Do Pass. HB 89. Do Pass. HB 90. Do Pass. HB 91. Do Pass. HB 92. Do Pass. HB 94. Do Pass. HB 98. Do Pass. HB 99. Do Pass.

Respectfully submitted, Brown of 34th District, Chairman.

Mr. Brown of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments has had under con sideration the following bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the fol lowing recommendations:
SB 13. Do Pass. SB 16. Do Pass. SB 34. Do Pass. SB 17. Do Pass. SB 29. Do Pass. SB 30. Do Pass. SB 38. Do Pass. SR 41. Do Pass. HB 25. Do Pass. HB 26. Do Pass. HB 27. Do Pass. HB 34. Do Pass. HB 36. Do Pass. HB 18. Do Pass. HB 19, Do Pass.

THURSDAY, FEBRUARY 14, 1963

265

HB 20. Do Pass. HB 23. Do Pass, as Amended. HB 47. Do Pass, as Amended. HB 49. Do Pass, as Amended. HB 55. Do Pass, as Amended. HB 21. Do Pass. HB 22. Do Pass. HB 46. Do Pass. HB 54. Do Pass.

Respectfully submitted, Brown of 34th District, Chairman.

Mr. Smalley of the 28th 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 has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

SB 45. Do Pass.

SB 25. Do Pass.

SB 42. Do Pass.

SB 46. Do Pass.

Respectfully submitted,

Smalley of 28th District,

Chairman.

Mr. Holloway of the 12th District, Chairman of the Committee on Industry and Labor, submitted the following report:

Mr. President:

Your Committee on Industry and Labor has had under consideration the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

SB 18. Do Pass.

SB 28. Do Pass.

Respectfully submitted,

Holloway of 12th District,

Chairman.

266

JOURNAL OF THE SENATE,

Senator Kidd of the 25th asked unanimous consent that the following bill of the House be recommitted to the Committee on Highways:

HB 37. By Messrs. Payton of Coweta and Overby of Hall:
A bill to amend an act relating to the definition of certain terms and the exclusion of certain motor vehicles from the provisions of the law relating to motor contract carriers, so as to exempt certain vehicles used exclusively for construction and maintenance of federal facilities; and for other purposes.

The consent was granted.

Senator Byrd of the 17th asked unanimous consent that the following bill of the Senate be postponed until February 20th:

SB 19. By Senator Byrd of the 17th:
A bill to repeal an act relating to the payment of grants of State and local funds for school children, approved January 31, 1961 (Ga. Laws 1961, p. 35), as amended; and for other purposes.

The consent was granted.

The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:

HR 20. By Messrs. Smith of Grady, Bolton of Spalding and others:
A RESOLUTION
Proposing an amendment to Article XI of the Constitution of Geor gia, so as to prescribe more democratic provisions for the merger, con solidation and division of counties; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article XI, Section I, Paragraphs IV and V of the Constitution, relating to the consolidation, merger, division and dissolution of coun ties, are hereby repealed, and the following substituted in lieu thereof:

THURSDAY, FEBRUARY 14, 1963

267

"Paragraph IV. The General Assembly shall have power, with the concurrence of a majority of the qualified voters voting thereon in each of the counties affected, to provide for the consolidation of two or more counties into one, or the merger of one or more coun ties into another, or the division of a county, and the merger of portions thereof into other counties; Provided however, upon the filing with the ordinary of any county of a petition signed by not less than twenty per centum (20%) of the duly qualified voters of such county, seeking such merger, consolidation or division, it shall be the duty of such ordinary to transmit certified copy of such peti tion to each ordinary of all other counties affected thereby, and it shall be the duty of the latter to provide for the publication of such petition, omitting therefrom the names affixed to such petition, in the newspaper in which the sheriff's advertisements are published, once a week for a period of six consecutive weeks. If within a period of two years thereafter, a petition is presented to the ordinary or ordinaries of the other county or counties affected, expressing favor or approval of the original petition, signed by not less than twenty per centum (20%) of the duly qualified voters voting therein, it shall thereupon be the duty of the ordinaries of all such counties affected by such petitions, to certify the fact of such petitions to the Governor, whose duty it shall then be to call immediately an election on the same day in each such county, to be held not later than sixty (60) days, and not sooner than thirty (30) days, after the filing of the last petition, publishing notice thereof once a week for two weeks in the newspaper in each county in which sheriffs' advertisements are published. Provided, however, that only one such election shall be called by the Governor within any twelve month period. The ordinaries of each county shall conduct the election, canvass the returns, and certify the results thereof to the Governor, who shall issue his proclamation thereon, and such results shall be come effective at such time as may be prescribed by law, but not later than two (2) years following the date of such election, as hereinafter referred to. Provided, however, any election held pur suant to the call of the Governor hereunder shall be null and void unless 51% of the registered voters of the portion or portions of the counties affected shall have voted in said election. The members of the General Assembly from all such counties shall serve out the remainder of their terms for which elected, and at the Session of the General Assembly next following such election, the county site shall be changed by law, without regard to the provisions of Para graph IX hereof, and the General Assembly shall likewise provide by law for the effective date of such merger, consolidation or divi sion, as the case may be, subject to the above limitation of two years, and shall provide for the election of county officials, where required. The'General Assembly shall have power to further imple ment this paragraph 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,

268

JOURNAL OF THE SENATE,

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 more democratic provisions for the merger, consolidation and division of counties."

"Against ratification of amendment to the Constitution so as to provide more democratic provisions for the merger, consolidation and division of counties."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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

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:

Brewer Broun of 46th Brown of 34th Byrd Carlton Carter Coggin Conway Ellis Fincher Gayner
Gillis Gordy Hall Harrison

Heard Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Knox Lee Loggins Maclntyre
Miller Moore McWhorter Oliver

Owens Pannell Pelham Pennington Phillips Plunkett Salome Scott Searcey Smalley Smith
Webb Wesberry Yancey Zorn

THURSDAY, FEBRUARY 14, 1963

269

Those voting in the negative were Senators Kidd, McKinnon, Rowan and Spinks.

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

On the adoption of the resolution, the ayes were 45, nays 4.

The resolution, having received the requisite constitutional two-third major ity, was adopted.

SB 11. By Senator Jackson of the 16th:
A bill to provide for the mandatory closing of certain commercial busi ness establishments on Sunday; to allow certain others to remain open; to provide for local county option; and for other purposes.
Senator Johnson of the 42nd offered the following substitute:
AN ACT
To declare a public interest in setting apart one particular day of the week as a day of common observance for purposes beneficial to the public welfare; to designate Sunday as generally the most appropriate day therefor; to regulate or prohibit business and employment on that day; to make exceptions thereto; to provide for local referendums to designate another day of the week in lieu thereof; to impose criminal penalties and other sanctions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Declaration of Public Policy. It is in the public interest that one particular day of the week be set apart by law as a common day for rest, recreation and renewal of the people and for the development of family, group and other social and cultural relationships among them; and, to the encouragement thereof, that business activity, transactions and employment, commercial, industrial or otherwise, on such common day be prohibited or regulated to the end that the greatest number of people possible may thereby be able to enjoy such a day alone, or with their families, relatives, friends, neighbors, or others, with maximum freedom from the pressures of economic employment and competition, retaining to some extent individual choice in the matter and making provision for the continuation on such day of that business activity and employment which is immediately essential or related to the health and well-being of the people. The day of the week known as Sunday, being the most widely observed for the aforesaid purposes in this State, is hereby designated as generally the most appropriate day therefor, and

270

JOURNAL OF THE SENATE,

it is hereby declared to be the public policy of this State that businsss on Sunday be prohibited or regulated as hereinafter prescribed.

Section 2. General Prohibition of Sunday Business. Except as hereinafter provided in this act, all business activity, transactions and employment, commercial, industrial or otherwise, carried on or engaged in on Sunday is prohibited and subject to the penalties and sanctions hereinafter prescribed.

Section 3. Casual Transactions Exception. The prohibition of Sec tion 2 is not applicable to casual transactions between persons none of whom are thereby carrying on or engaging in any trade or business.

Section 4. Small Shops Exception. The prohibition of Section 2 is not applicable to a business, or with respect to the employees of a busi ness, which on Sunday at any one place of business, or operating from any one place of business, employs less than four persons, including the proprietor (s) thereof. When the business activity, transactions, and employment in a place of business involves employees engaged exclu sively in activities excepted under Sections 5 and 6 hereof, such em ployees are not to be counted for purposes of this section.

Section 5. Essential Business Exception. The prohibition of Sec tion 2 is not applicable to a business, or with respect to the employees of a business, the primary activity of which is reasonably required on Sunday for the sustenance, preservation, and protection of life or prop erty, or to supply services the interruption of which would entail general disaecommodation, or to maintain the flow of communications, com merce and the movement, of persons and goods. Examples of the activity
contemplated hereunder are:

(1) Restaurants, cafeterias, and other prepared food services. (2) Hotels, motels and other lodging facilities. (3) Hospitals and nursing homes. (4) Dispensaries of drugs and medicines. (5) Ambulance and burial services. (6) Generation and distribution of electrical power. (7) Distribution of gas, oil and other fuels. (8) Telephone, telegraph and messenger services. (9) Heating, refrigeration and cooling services. (10) Bus, trolley, taxi and limousine services. (11) Water, air and land transportation services and attendant fa
cilities. (12) Cold storage warehousing. (13) Ice manufacturing and distribution. (14) Minimal maintenance of equipment and machinery.

THURSDAY, FEBRUARY 14, 1963

271

(15) Plant and industrial protection services.
(16) Activity after 6 P.M. necessary for the resumption of business on the following day.

Section 6. Related Business Exception. The prohibition of Section 2 is not applicable to a business, or with respect to the employees of a business, the primary activity of which, as a matter of common practice, is related to, and in aid of, the public interests described in Section 1. Examples of activity contemplated hereunder are:

(1) Newspaper publication and distribution. (2) Radio and television broadcasting. (3) Motion picture and theatrical performances. (4) Gasoline service stations. (5) Athletic and sporting events. (6) Parks, beaches, and recreational facilities. (7) Scenic, historic and tourist attractions. (8) Amusement centers, fairs, zoos and museums. (9) Educational lectures, forums and exhibits. (10) The showing of homes, permanently attached to realty, for
purposes of sale, rental or display. (11) Facilities, accommodations and activities incident to and com
monly associated with the above.

Section 7. Act Inapplicable. The provisions of this act are not in tended to apply to farming operations, nor to permit on Sunday any other operations or activity which by other provisions of law are pro hibited or regulated.

Section 8. Local Referendums. The people of any county or muni cipality may designate a day of the week other than Sunday as the day of the week to be set apart for the purposes described in Section 1 by a local referendum in the county or municipality involved. For this pur pose the provisions of law with respect to referendums to legalize alco holic beverages, adapted for this purpose, shall be applicable. In the event another day is designated as a result of such a referendum then the day so designated shall, in the application of this act in such county or municipality, be substituted in this act for the word "Sunday" and this act, so modified, shall in all other respects apply and be enforced therein.

Section 9. Penalties--

(a) Both the owner (s) and manager (s) of any business which en gages in any activity, transactions, or employment in violation of the prohibition of Section 2 are criminally responsible therefor as herein after provided.

272

JOURNAL OF THE SENATE,

(b) The willful violation of the prohibition of Section 2 constitutes a misdemeanor, and each transaction, and each hour of prohibited oper ation, and each employment of a person to work, in violation of Section 2 constitutes a separate offense.

(c) Upon conviction of the first offense of violating the prohibition of Section 2, the punishment shall be a fine of not more than fifty dol lars ($50.00). Upon conviction of the second offense, the punishment shall be a fine of not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00) to be fixed by the court; or, in the discretion of the court, the defendant may be imprisoned for a period of not more than sixty days, or both. Upon conviction of the third offense, and each subsequent convictions, the punishment shall be not less than five hundred dollars ($500.00) each, nor more than one thousand dollars ($1,000.00); or in the discretion of the court, the defendant may be imprisoned for a period not over six months, or both.

(d) When the owner(s) or manager (s) of a place of business have been convicted of four offenses under Section 2, the premises upon or within which the offenses occurred shall be deemed a public nuisance, or the business activity, transactions or employment occurring there may, at the instance of the Attorney General, the Solicitor-General, or any citizen, be enjoined in a court of equity as a course of conduct causing irreparable damage to the public interest.

Section 10. Repeal. Code Section 26-6903 and 6904 prohibiting the running of freight trains on the Sabbath day, Code Section 26-6905, pre scribing punishment for violating the Lord's day, Code Section 26-6906, prescribing punishment for hunting on Sunday, Code Section 26-6914, relating to dancing in public places on Sunday, and the act approved February 25, 1949 (Ga. Laws 1949, p. 1007), relating to Sunday motion pictures and athletic contests, and all laws and parts of laws in conflict with this act are hereby repealed.

Senator Knox of the 24th offered the following amendment to the substitute:
Add to section 6, item 12, "showing and sale of mobile homes re gardless of number of employees."

On the adoption of the amendment to the substitute, the ayes were 22, nays 19, and the amendment to the substitute was adopted.
Senator Ellis of the 44th offered the following amendment to the substitute:
Amend substitute by striking subparagraph 10 of section 6 and substituting in lieu thereof the following:
"The showing of homes permanently attached to realty, and farms for purposes of sale, rental or display."

THURSDAY, FEBRUARY 14, 1963

273

The amendment was adopted.

Senator Pennington of the 45th offered the following amendment to the sub stitute :
Amend substitute to SB 11 by adding under section 5 to be "(17)" the words "State Farmers Markets".

On the adoption of the amendment, the ayes were 36, nays 1, and the amend ment to the substitute was adopted.
Senator Yancey of the 33rd offered the following amendment to the substi tute:
Amend section 10 of the substitute bill offered by Senator Johnson of the 42nd by striking therefrom the following words: "Code section 26-6906 prescribing punishment for hunting on Sunday."

On the adoption of the amendment, the ayes were 37, nays 5, and the amend ment was adopted.
Senator Johnson of the 42nd offered the following amendment to the substi tute:
Add a clause immediately before the last sentence of section 5 as follows:
"or to allow industrialization where continuous processing or manu facturing is required by the very nature of the process involved."

On the adoption of the amendment, the ayes were 42, nays 1, and the amend ment to the substitute was adopted.

On the adoption of the substitute, as amended, the ayes were 11, nays 37, and the substitute was lost.
The Committee on Rules offered the following amendment:
Amend SB 11 by striking in the third line from the last line of section 2, the words: "state farmers markets which are open only to farmers who produce their own products for sale", and inserting in lieu thereof the following words: "produce sold at State Farmers Markets."

274

JOURNAL OF THE SENATE,

On the adoption of the amendment, the ayes were 43, nays 1, and the amend ment was adopted.

Senator Gayner of the 5th offered the following amendment:
Amend SB 11 by striking section 3 in its entirety and substituting in lieu thereof a new section 3 to read as follows:
"Section 3. This act shall take effect immediately but shall not become operative in any county unless and until the voters of the county shall determine by referendum held pursuant to this act that the same shall apply therein."

On the adoption of the amendment, the ayes were 25, nays 17, and the amend ment was adopted.
Senator Fincher of the 51st offered the following amendment:
Amend SB 11 by excluding from the term "minor appliances", in the amendment the following items: baby bottle warmers and sterilizers, vaporizers, heating pads, heat lamps and any other articles considered as "minor appliances" used in the treatment or prevention of disease.
To exclude from the term "clocks", alarm clocks.

On the adoption of the amendment, the ayes were 49, nays 0, and the amend ment was adopted.
Senator Jackson of the 16th offered the following amendment:
Amend SB 11 by striking section 1 of said act in its entirety and substituting in lieu thereof a new section 1 to read as follows:
"Section 1. On the first day of the week, commonly known and designated as Sunday, it shall be unlawful for any person to sell, attempt to sell, offer to sell, or engage in the business of selling jewelry; silverware, watches, clocks, luggage, musical instruments, television, radios, record players; recordings; toys; clothing and wearing apparel; footwear, clothing accessories (men's, women's and children's) ; textile goods; trimmings and sewing supplies; housewares; minor appliances; china; kitchenware; major appli ances; air conditioners; home furnishing items, including but not limited to drapes, hardware, curtains, hassocks, rugs, linens, domes tics, pillows; furniture for home, office or business, typewriters; office or office business machines; sporting goods except when sold on premises where sports, sporting events, or recreational facilities are located; cameras and photographic supplies (excluding films and flashbulbs) ; hardware; paints, varnishes and painting accesso-

THURSDAY, FEBRUARY 14, 1963

275

ries; building and lumber supplies and materials, motor vehicles; boats and motors; bicycles; farm equipment and implements; gro ceries; pet supplies and equipment other than pet food; tools and equipment and door-to-door sales of any item notwithstanding the fact that such item may be exempted from the provisions of this section as hereinafter stated. Each separate sale or offer to sell shall constitute a separate offense."

By striking section 2 of said act in its entirety and substituting in lieu thereof a new section 2 to read as follows:

"Section 2. Nothing herein shall be construed to apply to the following business activities or services: newspapers or the publica tion thereof; radio and television broadcasting; bus, taxi or limou sine service; funeral service; ambulance service; electric power and service; gas service; telephone and telegraph service; air transpor tation service; railroad transportation service; athletic or sporting events; scenic, historic or tourist attractions; amusements (zoos, museums) ; libraries; recreational facilities; parks; restaurants, cafeteria, or any prepared food sales; hotels, motels, inns and lodg es; utility repairs and emergency automotive repairs; service or ganizations (U.S.O., Salvation Army, YMCA, etc.) ; hospitals and nursing homes; drugs and articles of personal hygiene; household work including cooking, cleaning, yard care; gasoline service sta tions; motion picture theatres; private clubs; retail outlets in air plane, bus, or train terminals; ice manufacturers; cold storage ware houses; fuel for heating and cooling; florists; businesses which are operated by an owner or member of his or her family which require not more than three persons, including the owner or operator, to operate at any one time; provided, however, that the firm operates not more than one store; produce sold at State Farmer's Market, casual sales by any individual who is not normally engaged in the business of selling such items; and any business, service or sale of any items deemed necessary in a public emergency to be so deter mined by the Governor."

By adding thereto a new section to be known as section 8 and to read as follows:

"Section 8. If any part of this act shall be held unconstitu tional, such unconstitutionality shall not affect the remainder of this act."

On the adoption of the amendment, the ayes were 35, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, the ayes were 29, nays 19.

276

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed as amended.

SB 34. By Senator Rowan of the 8th:
A bill to prevent certain firemen from engaging in certain activities and belonging to certain organizations; to provide for certain safeguards to such firemen; to repeal conflicting laws; and for other purposes.

Senator Rowan of the 8th offered the following amendment:
Amend SB 34 by adding thereto a new section to be known as sec tion 4 which shall read as follows:
"Section 4. The provisions of this act shall not apply to volun teer firemen."
By adding to section 1 a new paragraph at the end thereof which shall read as follows:
"Any fireman who violates subsections (a) or (b) herein shall be subject to immediate dismissal."

On the adoption of the amendment, the ayes were 31, nays 1, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, the ayes were 35, nays 4.

The bill, having received the requisite constitutional majority, was passed as amended.

The following communication from the Honorable Ben W. Fortson, Secretary of State, certifying senator-elect Joseph Tribble in the special election of Febru ary 13th, was received and read:
SECRETARY OF STATE Ben W. Fortson, Jr. Atlanta 3, Georgia February 14, 1963
Honorable Peter Zack Geer President of the Senate State Capitol Atlanta, Georgia
Dear Sir:
I hereby certify that the consolidated returns of the Special Election held February 13, 1963, which returns are of file in this office, show the

THURSDAY, FEBRUARY 14, 1963

277

following results in the election held in the Third District of Chatham County, Georgia:

CHATHAM COUNTY--Third District:

JOSEPH J. TRIBBLE___ _______________________-__Received 14,127 votes Eugene H. Gadsden--._-----.__.__,,_--______.___-_Received 8,096 votes Spence M. Grayson-__.____-____________...._______...Received 6,628 votes John H. Baker, Jr.--.------_,,.__,,____..__.____Received 4,441 votes
Given under my hand and seal of office this the 14th day of Febru ary, 1963.
/a/ Ben W. Fortson, Jr.
Secretary of State.
(Seal).

Senator-elect Joseph Tribble of the 3rd District presented himself at the rostrum where he received the oath of office, administered by Honorable W. D. Flexer, judge Brunswick Judicial Circuit.

SB 18. By Senator Downing of the 1st:
A bill to require the identification of the registry of all ships, for the protection of the public; and for other purposes.

The report 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 32. By Senators Knox of the 24th, Gillis of the 20th, Pannell of the 54th,
Pennington of the 45th, Smalley of the 28th, Rowan of the 8th, McKinnon of the 7th, Scott of the 23rd, Holloway of the 12th, and Brown of the 34th:
A bill to provide minimum standards for lumber placed in permanent construction; to provide for the enforcement of such standards by the Georgia Forestry Commission; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

278

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 37, nays 3.

The bill, having received the requisite constitutional majority, was passed.

SB 25. By Senator Phillips of the 27th:
A bill to amend Code section 39-1201, relating to the time, place, and manner of holding public sales of property under execution; and for other purposes.

The report 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 44. By Mr. Milhollin of Coffee:
A bill to amend an act providing for the licensing and regulation of livestock dealers in the State of Georgia, so as to require recording of the names of persons bringing in livestock; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 35, nays 0.

The bill, having received the requisite constitutional majority, was passed.
The following bill was taken up for the purpose of considering a House sub stitute thereto:
SB 6. By Senators Pannell of the 54th, Jackson of the 16th, and Smalley of the 28th: A bill to be entitled an act to authorize the Governor, within Constitu tional limitations, to direct and effectuate the consolidation and merger of any one or more departments, agencies, commissions, of this State; and for other purposes.

THURSDAY, FEBRUARY 14, 1963

279

The House substitute was as follows:

AN ACT

To authorize the Governor, within Constitutional limitations, to di rect and effectuate the consolidation and merger of any one or more departments, agencies, commissions, boards or bureaus of this State, or of any functions thereof; to define when such consolidation or merger shall become permanent and final; to provide for exceptions; to provide for an expiration date; to repeal conflicting laws; and for other pur poses.

WHEREAS, it is evident that the need for expanded State services during the next four (4) fiscal years will necessitate the effecting of economies and savings wherever possible in the operation of the State Government; and

WHEREAS, the "Governor's Commission for Efficiency and Im provement in Government" is being created for the purpose of conduct ing studies into the organization and operation of the departments and other agencies of the State Government, and make recommendations for the more efficient and economical operation thereof which will call for the need for immediate action upon such recommendations.

NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. The Governor is hereby authorized, acting within and subject to Constitutional limitations, to direct, effectuate, and take all action necessary to provide for the consolidation and merger of any one or more departments, agencies, boards, bureaus, or commissions of State Government, with one or more other departments, agencies, boards, bu reaus or commissions of State Government, or in like manner to provide for the consolidation, transfer or merger of the functions of one or more such departments, agencies, boards, bureaus or commissions.
Section 2. Whenever a consolidation, transfer, or merger is made by the Governor hereunder, he shall submit a report thereof to the next regular session of the General Assembly, setting forth the details of such consolidation, transfer, or merger, and the reasons therefor, and no such consolidation, transfer or merger shall become permanent and final unless a resolution approving the same is adopted by the General Assembly at such session.
Section 3. The provisions of this act shall not apply to any of the duties, powers, authority or responsibilities, now or hereafter provided by law, of the elected State Officials provided for in the Constitution of this State.
Section 4. The provisions of this act shall expire on December 31, 1966, and this act shall no longer be of any force and effect after that date, except the provisions of section 2 shall remain in effect until the expiration of the regular session of the General Assembly of 1967, at which time it shall expire.

280

JOURNAL OF THE SENATE,

Section 5. All laws and parts of laws in conflict with this act are hereby repealed.

Senator Pannell of the 54th moved that the Senate agree to the House sub stitute to SB 6.

On the motion to agree, the ayes were 34, nays 0, and the House substitute was agreed to.

The following bill was taken up for the purpose of considering House amend ments thereto:

SB 5. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th:
A bill to authorize the State and all its agencies, within constitutional limitations, to make available, in certain instances, services, assistance, funds, property and etc., to counties and municipalities who consolidate and merge; and for other purposes.
The House amendments were as follows:
Mr. Murphy of Haralson moved to amend SB 5 by adding at the end of section 1 the following, to-wit:
"Provided that in the event any agencies are consolidated under this act and the governing authority of either political subdivision affected under said consolidation desires to terminate same, it shall have the right to terminate same upon 30 days' notice to the state agency and the other subdivisions involved. Upon the expiration of said 30 day period, said consolidation shall stand dissolved as if never in effect."
Mr. Groover of Bibb moved to amend SB 5 by striking the word "or" in line 2 on page 2 and inserting in lieu thereof the word "and" and to amend the caption accordingly.

Senator Pannell of the 54th moved that the Senate disagree with the House amendments to SB 5, and that a Committee of Conference be appointed, and the motion prevailed.

The president appointed as a Committee of Conference on the part of the Senate the following:
Senators Gayner of the 5th, Loggins of the 53rd and Pannell of the 54th.

THURSDAY, FEBRUARY 14, 1963

281

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative 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:
SB 11.
SB 18.
SB 25.
SB 32.
SB 34. Respectfully submitted,
Pelham of 10th District,
Chairman.

The following resolutions were read and adopted:

SR 45. By Senators Pannell of the 54th, Owens of the 49th, Harrison of the 48th, Lee of the 47th and Broun of the 46th:
A resolution extending sympathy to the Senator from the 22nd District, Senator J. B. Fuqua; and for other purposes.

HR 104. By Mr. Smith of Grady:
A resolution extending an invitation to the Honorable M. Monroe Kimbrel to address a joint session of the House and Senate; and for other purposes.

Senator Pannell of the 54th moved that the Senate do now adjourn until 11:00 o'clock Monday morning, and the motion prevailed.

The president announced the Senate adjourned until 11:00 o'clock Monday morning.

282

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Monday, February 18, 1963.

The Senate met pursuant to adjournment at 11:00 o'clock this morning, and was called to order by the president.

Scripture reading was offered by Reverend Blake Craft, pastor Pierce Memo rial Methodist Church, Sparta, Georgia. Prayer was offered by Dr. Anthony Hearn, pastor Wynnton Methodist Church, Columbus, Georgia.

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

Senator Pelham of the 10th reported that the journal of Thursday's proceed ings had been examined and found correct.

By unanimous consent, the reading1 of the journal was dispensed with, and the journal was confirmed.

Senator Pannell of the 54th 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:

MONDAY, FEBRUARY 18, 1963

283

HB 59. By Messrs. Mixon of Irwin, Murphy of Haralson, Matthews of Colquitt, and others:
A bill to prohibit the imitation and simulation of legal process, to pro hibit the circulation of any writing which imitates or simulates a form of court of legal process; and for other purposes.

HB 64. By Mr. Wilkes of Cook:
A bill to amend an act relating to the Budget Bureau, relating to the State Budget Officer; and for other purposes.

HB 132. By Messrs. Matthews of Clarke, Killian of Glynn, and others:
A bill to amend an act relating to obscene pictures and abusive and vul gar language, so as to provide that any person who shall sell, exhibit, give away, have possession of, advertise for sale, manufacture, print or circulate obscene publications shall be guilty of a felony; and for other purposes.

HB 145. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and others:
A bill to amend an act creating the Employees Retirement System of Georgia, so as to authorize the employment of agents for advisory and investment purposes; and for other purposes.

HB 146. By Messrs. Busbee of Dougherty, Knight of Laurens, and others:
A bill to amend an act creating the Peace Officers' Annuity and Benefit Fund, so as to provide for investments; and for other purposes.

HB 147. By Messrs. Busbee of Dougherty, Knight of Laurens, and others:
A bill to create the "Georgia Real Estate Investment Board"; to pro vide for the composition, powers, duties, and authority of the Board; and for other purposes.

HB 148. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and others:
A bill to amend an act providing retirement benefits for the Clerks of the Superior Courts of this State, so as to provide for investments to authorize employment of agents for advisory purposes; and for other purposes.

284

JOURNAL OF THE SENATE,

HB 149. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and others:
A bill to amend an act providing for retirement benefits for the teachers of this State, so as to authorize the employment of agents for advisory and investment purposes; and for other purposes.

HB 150. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar, and others:
A bill to amend an act providing for retirement benefits for the Ordi naries of this State, so as to provide for investments; and for other purposes.

HB 151. By Messrs. Busbee of Dougherty, Knight of Laurens, and others:
A bill to amend an act creating the Georgia Firemen's Pension Fund, so as to provide for investments; and for other purposes.

HB 75. By Messrs. Bell, Hull and Fleming of Richmond and Matthews of Clarke: A bill to amend an act relating to discovery, depositions, interrogatories, as amended, so as to authorize the Clerk to dispose of interrogatories or depositions after the time has expired for filing motions for new trials and for filing bills of exception; and for other purposes.
HB 152. By Messrs. Busbee, Lee and Odom of Dougherty: A bill to authorize the Boards of Education of all Counties of this State to insure the lives and health of all teachers and other employees of such boards of education, and authorizing such boards to pay the pre miums to maintain such insurance; and for other purposes.
HB 153. By Messrs. Wilson of Cobb, Abney of Walker, Wells of Camden, Bowen of Toombs, Snow of Walker, Nessmith of Bulloch, and others: A bill to amend an act affecting a complete revision of the laws of this State relating to the qualification of voters; and for other purposes.
HR 44. By Messrs. Perry of Marion and King of Chattahoochee: A resolution to designate a highway as the Clark W. Duncan Highway; and for other purposes.
HB 137. By Messrs. McClelland, Etheridge and Brooks of Fulton: A bill to amend an act establishing a new charter for the City of At lanta; to provide that the corporate limits of the City of Atlanta be enlarged and extended so as to include and embrace within the corporate limits of the City of Atlanta certain territory; and for other purposes.

MONDAY, FEBRUARY 18, 1963

285

HB 160. By Messrs. Brown of Hart, Milford of Franklin, Poss of Madison, Brooks of Oglethorpe and Johnson of Elbert:
A bill to provide a salary for the official court reporter of the Northern Judicial Circuit in lieu of fees for criminal cases; and for other purposes.

HB 170. By Messrs. Richardson, Shea and Funk of Chatham:
A bill to amend the original act creating the Municipal Court of Savan nah, so as to increase the civil jurisdiction of said Court; and for other purposes.

HB 171. By Messrs. Richardson, Shea and Funk of Chatham:
A bill relating to the City Court of Savannah, so as to authorize and empower the Judge of the City Court of Savannah to extend the time for hearing and determining motions for a new trial; and for other purposes.

HB 172. By Mr. Parker of Screven:
A bill to create a Screven County Industrial Development Authority; and for other purposes.

HB 179. By Mr. Jones of Liberty:
A bill to amend an act to supplement the fees of the Ordinary of Liberty County, so as to change such supplemental compensation; and for other purposes:

HB 180. By Mr. Jones of Liberty:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues for Liberty County, so as to change the compensation of the County Commissioner; and for other purposes.

HB 143. By Messrs. Shea, Funk and Richardson of Chatham:
A bill to amend the several acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to extend the corporate limits of Savannah; and for other purposes.

HB 154. By Mr. Coker of Turner:
A bill to create a one member Commissioner of Roads and Revenues for Turner County; and for other purposes.

HB 159. By Mr. Brown of Hart:
A bill to create the office of Tax Commissioner of Hart County, so as to increase the Tax Commissioner's assistant's salary; and for other purposes.

286

JOURNAL OF THE SENATE,

HB 166. By Mr. Wells of Camden:
A bill to amend an act incorporating the City of Kingsland, so as to provide for an increase in ad valorem property taxes; and for other purposes.

HB 167. By Mr. Wells of Camden:
A bill to authorize and empower the City of St. Mary's, Georgia to bor row the sum of $37,000.00 from the First Federal Savings and Loan Association of Brunswick; to execute a promissory note for $37,000.00 to this association or other associations; and for other purposes.

HB 168. By Mr. Wells of Camden:
A bill to amend an act creating a new City charter and municipal gov ernment for the City of St. Mary's; so as to provide the mayor and council the authority to adopt ordinances; and for other purposes.

HB 169. By Mr. Sangster of Dooly: A bill to amend, consolidate, create, revise and supersede the several acts incorporating the Town of Pinehurst in Dooly County; and for other purposes.
HB 111. By Messrs. Keyton and Russell of Thomas: A bill to amend the charter of the City of Thomasville, so as to provide for the method of electing members to the Board of Commissioners; and for other purposes.
HB 116. By Messrs. Overby and Williams of Hall: A bill incorporating the Town of Flowery Branch in Hall County, so as to change the name of the above mentioned municipality from "Town of Flowery Branch" to "City of Flowery Branch"; and for other purposes.
HB 118. By Mr. Causby of Gordon: A bill to incorporate the City of Calhoun, to organize the municipal gov ernment thereof; and for other purposes.
HB 119. By Messrs. Spikes and Ware of Troup: A bill to amend an act creating the Civil and criminal court of Troup County; and for other purposes.
HB 134. By Mr. Hill of Meriwether: A bill to amend an act providing and establishing a charter for the City of Woodbury, in the County of Meriwether; and for other purposes.

MONDAY, FEBRUARY 18, 1963

287

HB 182. By Mr. Roper of Greene:
A bill to amend an act entitled "An act to incorporate the City of Union Point, in the County of Greene; to provide for the election of Mayor; and for other purposes.

HB 183. By Mr. Hill of Meriwether:
A bill to amend an act incorporating the City of Warm Springs, so as to change the amount of ad valorem tax; and for other purposes.

HB 185. By Messrs. Smith and Mitchell of Whitfield: A bill to amend the charter of the City of Dalton, establishing the cor porate limits; and for other purposes.
HB 187. By Messrs. Walker and Gibbons of Lowndes: A bill to fix the compensation of the members of the Board of Education of Lowndes County; and for other purposes.

HB 188. By Messrs. Walker and Gibbons of Lowndes:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Lowndes County; and for other purposes.

HB 189. By Mr. Duncan of Fannin:
A bill to amend an act providing for a supplemental salary for the Ordinary of Fannin County, so as to change such supplemental compen sation ; and for other purposes.

HB 203. By Mr. Milhollin of Coffee:
A bill to amend an act establishing a new charter for the City of Nicholls, so as to provide for two year terms for the Mayor and Aldermen; and for other purposes.

HB 204. By Mr. Twitty of Mitchell:
A bill to amend an act to create a new charter for the City of Camilla; and for other purposes.

HB 211. By Mr. Wilkes of Cook:
A bill to amend an act creating and establishing a charter for the Town of Lenox, so as to give the town counsel power and authority to lease specific property; and foi other purposes.

288

JOURNAL OF THE SENATE,

HB 212. By Mr. Shaw of Long:
A bill to amend an act establishing the Commissioners of Roads and Revenues for Long County, so as to strike out the provision for per diem method of compensation and substitute a salary for the commissioners; and for other purposes.

HB 213. By Mr. Shaw of Long:
A bill to amend an act establishing a City Court of Ludowici; and for other purposes.

HB 214. By Mr. Shaw of Long:
A bill to provide that the Sheriff and Deputy Sheriff of Long County shall be placed upon a salary, plus compensation set forth; and for other purposes.
HB 215. By Mr. Logan of Gilmer:
A bill to amend an act creating the office of County Commissioner and an Advisory Board of Gilmer County, so as to provide for an annual audit of the office of County Commissioner; and for other purposes.

HB 216. By Mr. Hall of Lee: A bill to amend an act creating the charter for the City of Leesburg, so as to change the corporate limits; and for other purposes.
HB 218. By Messrs. Lee and Blalock of Clayton: A bill to amend an act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporter; and for other purposes.
HB 219. By Messrs. Lee and Blalock of Clayton: A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Clayton County; and for other purposes.
HB 220. By Messrs. Lee and Blalock of Clayton: A bill to amend an act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the one office of Tax Commis sioner of Clayton County; and for other purposes.
HB 221. By Messrs. Lee and Blaloek of Clayton: A bill to amend an act placing the Sheriff and the Clerk of the Superior Court of Clayton County on a salary system in lieu of a fee system; and for other purposes.

MONDAY, FEBRUARY 18, 1963

289

HB 222. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act creating the Clayton Judicial Circuit, so as to provide personnel, offices, and supplies for the use of the Judge and Solicitor-General; and for other purposes.

HB 229. By Messrs. Keyton and Russell of Thomas:
A bill to amend an act creating and establishing a new charter for the City of Boston; and for other purposes.

HB 230. By Messrs. Keyton and Russell of Thomas:
A bill to amend an act creating and establishing a new charter for the City of Boston; and for other purposes.

HB 231. By Mr. Smith of Telfair:
A bill to amend, consolidate, create, revise and supersede the several acts incorporating the City of McRae; and for other purposes.

HB 232. By Mr. Lee of Clinch:
A bill creating the Board of Commissioners of Roads and Revenues for Clinch County, so as to change the compensation of the Clerk of the Board of Commissioners of Roads and Revenues for Clinch County; and for other purposes.

HB 101. By Mr. Bowen of Randolph:
A bill to amend, consolidate and supersede the several acts of the Gen eral Assembly pertaining to the City of Cuthbert; and for other pur poses.

HB 138. By Mr. Knight of Berrien:
A bill to repeal and supersede an act incorporating the Town of Enig ma; and for other purposes.

The House has adopted the following resolutions of the House, to-wit:

HR 130. By Mr. Houston of Pierce:
A resolution commending and paying tribute to the community of Laura Chapel, Pierce County, State of Georgia; and for other purposes.

290

JOURNAL OF THE SENATE,

HR 131. By Messrs. Wilson, Teague and Plournoy of Cobb and Mr. Matthews of Clarke:
A resolution urging the Board of Regents of the University System of Georgia to construct additional dormitories for Southern Technical In stitute located at Marietta, Georgia; and for other purposes.

HB 234. By Messrs. Griffin and Conger of Decatur:
A bill to amend an act incorporating the City of Bainbridge, so as to raise the age limit for employees eligible to participate in the retirement system of the City of Bainbridge; and for other purposes.

HR 90. By Messrs. Griffin and Conger of Decatur: A resolution authorizing the State Librarian to furnish to the Superior Court of Decatur County certain enumerated volumes of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports; and for other purposes.
HR 47. By Messrs. Overby and Williams of Hall: A resolution authorizing and directing the State Librarian to furnish certain law books to the Judge of the Superior Court of Hall County; and for other purposes.
The House has agreed to the Senate amendments to the following bill and resolution of the House:
HR 19. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, and others: A resolution proposing an amendment to Article V of the Constitution of Georgia by adding thereto a new section creating the State Highway Board, to provide for the election, qualifications and tenure of mem bers; and for other purposes.
HB 10. By Mr. Walker of Lowndes: A bill to amend an act known as the Uniform Act Regulating Traffic on Highways, so as to change the speed restrictions for vehicles; and for other purposes.
The House has passed as amended, the following bill of the Senate:

MONDAY, FEBRUARY 18, 1963

291

SB 12. By Senators Pannell of the 54th and Jackson of the 16th:
A bill to create the North Georgia Mountains Authority as a body cor porate and politic and an instrumentality and public corporation of the State, to provide for its organization and the appointment of its mem bers; and for other purposes.

The following bills and resolutions were introduced, read the first time, and referred to committees:

SB 66. By Senator Kendrick of the 32nd: A bill to amend an act establishing retirement for school teachers so as to provide that any person who left the profession who was active during the 24 months prior to military leave for the Red Cross may receive credit for service; and for other purposes.
Referred to Committee on Educational Matters.
SB 67. By Senator Kendrick of the 32nd: A bill relating to the qualifications of the State Superintendent of Schools, so as to provide for additional qualifications; and for other purposes.
Referred to Committee on Educational Matters.
SB 68. By Senator Gillis of the 20th: A bill relating to the incorporation of banks, so as to require that all the capital stock of every bank applying for a charter be paid in; and for other purposes.
Referred to Committee on Banking- and Finance.

SB 69. By Senator Gillis of the 20th:
A bill relating to the Superintendent of Banks' office and residence, so as to provide that the Superintendent's office shall not be open on Sat urdays; and for other purposes.
Referred to Committee on Banking and Finance.

SB 70. By Senator Gillis of the 20th:
A bill relating to ownership of real estate by banks, so as to change the percentage that a bank may invest in real and personal property; and for other purposes.
Referred to Committee on Banking and Finance.

292

JOURNAL OP THE SENATE,

SB 71. By Senator Gillis of the 20th:
A bill relating to applications for bank charters, so as to change the fee paid by applicants; and for other purposes.
Referred to Committee on Banking and Finance.

SB 72. By Senator Gillis of the 20th:
A bill relating to certain of the various criminal provisions thereof, as amended, so as to provide for the notification of certain irregularities by bank officials to public officers; and for other purposes.
Referred to Committee on Banking and Finance.

SB 73. By Senator Gillis of the 20th:
A bill to amend an act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present cor poration laws of the State, so as to provide that the words bank, banks, etc. shall not be used in the name of a corporation; and for other pur poses.
Referred to Committee on Banking and Finance.

SB 74. By Senator Byrd of the 17th:
A bill relating to returns to tax receivers, so as to provide for making tax returns by mail; and for other purposes.
Referred to Committee on Rules.

SB 75. By Senators Brown of the 34th, Brewer of the 39th, Johnson of the 38th, Coggin of the 35th, Salome of the 36th, Wesberry of the 37th, and MacIntyre of the 40th:
A bill to amend an act providing in Fulton County a system of pensions and retirement pay to teachers and employees of the Board of Educa tion of Fulton County, so as to provide additional pension benefits to certain former teachers and employees; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 76. By Senators Brown of the 34th, Brewer of the 39th, Johnson of the 38th, Coggin of the 35th, Salome of the 36th, Wesberry of the 37th, and MacIntyre of the 40th:
A bill to amend an act entitled "An act authorizing the Board of Com missioner of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to county employees --and for other purposes", and the several acts amendatory thereof, so as to provide additional pension benefits to certain former officers and employees; and for other purposes.
Referred to Committee on County and Municipal Governments.

MONDAY, FEBRUARY 18, 1963

293

SB 77. By Senators Brown of the 34th, Salome of the 36th, Brewer of the 39th, Johnson of the 38th, Wesberry of the 37th, Maclntyre of the 40th, and Coggin of the 35th:
A bill to amend an act establishing a new charter for the City of East Point in Pulton County, Georgia, and the several acts amendatory there of; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 78. By Senators Brown of the 34th, Wesberry of the 37th, Salome of the 36th, Brewer of the 39th, Johnson of the 38th, Maclntyre of the 40th, and Coggin of the 35th:
A bill to amend an act establishing a new charter for the City of East Point, in the County of Pulton, and the several acts amendatory thereof; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 79. By Senators Brown of the 34th, Wesberry of the 37th, Salome of the 36th, Brewer of the 39th, Johnson of the 38th, Maclntyre of the 40th, and Coggin of the 35th:
A bill to amend an act establishing a new charter for the City of East Point, in the County of Fulton, and the several acts amendatory thereof; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 80. By Senators Lee of the 47th, Pennington of the 45th, Broun of the 46th, Harrison of the 48th, Jackson of the 16th, and Plunkett of the 30th:
A bill relating to the practice of Optometry, as amended, so as to clarify the authority of the Georgia State Board of Examiners in Optometry; and for other purposes.
Referred to Committee on Health and Welfare.
SB 81. By Senators Pannell of the 54th, Kendrick of the 32nd, Ellis of the 44th, Gayner of the 5th, Scott of the 23rd, McKinnon of the 7th, and Hall of the 52nd:
A bill relating to the payment of educational grants, so as to provide the method by which such grants shall be paid; and for other purposes.
Referred to Committee on Rules.

SB 82. By Senator Harrison of the 48th:
A bill to authorize the Commissioner of Agriculture to determine, estab lish and promulgate grades and standards of quality for citrus fruit offered for sale or held for sale in this State; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

294

JOURNAL OF THE SENATE,

HB 101. By Mr. Bowen of Randolph:
A bill to amend, consolidate and supersede the several acts of the Gen eral Assembly pertaining to the City of Cuthbert, in the County of Ran dolph; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 59. By Messrs. Mixon of Irwin, Murphy of Haralson, Matthews of Colquitt and Morgan of Gwinnett: A bill to prohibit the imitation and simulation of legal process; to pro hibit the circulation of any writing which imitates or simulates a form of court or legal process; and for other purposes.
Referred to Committee on Judiciary.
HB 64. By Mr. Wilkes of Cook: A bill to amend an act relating to the Budget Bureau, relating to the State Budget Officer; and for other purposes.
Referred to Committee on Appropriations.

HB 75. By Messrs. Bell, Hull and Fleming of Richmond and Matthews of Clarke:
A bill to amend an act relating to discovery, depositions, interrogatories, as amended, so as to authorize the clerk to dispose of interrogatories or depositions after the time has expired for filing motions for new trials and for filing bills of exception; and for other purposes.
Referred to Committee on Judiciary.
HB 132. By Messrs. Matthews of Clarke, Killian of Glynn, Melton of Spalding, Mackay and Harris of DeKalb, McClelland of Fulton and Rutland of DeKalb:
A bill to amend an act relating to obscene pictures and abusive and vul gar language, so as to provide that any person who shall sell, exhibit, give away, have possession of, advertise for sale, manufacture, print or circulate obscene publications shall be guilty of a felony; and for other purposes.
Referred to Committee on Rules.
HB 111. By Messrs. Keyton and Russell of Thomas:
A bill to amend the charter of the City of Thomasville, so as to provide for the method of electing members to the Board of Commissioners; and for other purposes.
Referred to Committee on County and Municipal Governments.

MONDAY, FEBRUARY 18, 1963

295

HB 138. By Mr. Knight of Berrien:
A bill to repeal and supersede an act incorporating the Town of Enigma; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 116. By Messrs. Overby and Williams of Hall:
A bill incorporating the Town of Flowery Branch in Hall County, so as to change the name of the above mentioned municipality from "Town of Flowery Branch" to "City of Flowery Branch"; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 118. By Mr. Causby of Gordon:
A bill to incorporate the City of Calhoun, to organize the municipal government thereof; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 119. By Messrs. Spikes and Ware of Troup:
A bill to amend an act creating the Civil and Criminal Court of Troup County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 134. By Mr. Hill of Meriwether:
A bill to amend an act providing and establishing a charter for the City of Woodbury, in the County of Meriwether; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 137. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A bill to amend an act establishing a new charter for the City of At lanta; to provide that the corporate limits of the City of Atlanta be enlarged and extended so as to include and embrace within the corporate limits of the City of Atlanta certain territory; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 145. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A bill to amend an act creating the Employees Retirement System of Georgia, so as to authorize the employment of agents for advisory and investment purposes; and for other purposes.
Referred to Committee on Rules.

296

JOURNAL OF THE SENATE,

HB 146. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A bill to amend an act creating the Peace Officers' Annuity and Benefit Fund, so as to provide for investments; and for other purposes.
Referred to Committee on Rules.

HB 147. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A bill to create the "Georgia Real Estate Investment Board"; to provide for the composition, powers, duties and authority of the Board; and for other purposes.
Referred to Committee on Banking and Finance.

HB 148. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A bill to amend an act providing retirement benefits for the clerks of the Superior Courts of this State, so as to provide for investments; to authorize employment of agents for advisory purposes; and for other purposes.
Referred to Committee on Judiciary.

HB 143. By Messrs. Shea, Funk and Richardson of Chatham:
A bill to amend the several acts relating to and incorporating the mayor and aldermen of the City of Savannah; to extend the corporate limits of Savannah; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 154. By Mr. Coker of Turner:
A bill to create a one member Commissioner of Roads and Revenues for Turner County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 159. By Mr. Brown of Hart:
A bill to. create the office of Tax Commissioner of Hart County, so as to increase the Tax Commissioner's assistant's salary; and for other pur poses.
Referred to Committee on County and Municipal Governments.

MONDAY, FEBRUARY 18, 1963

297

HB 166. By Mr. Wells of Camden:
A bill to amend an act incorporating the City of Kingsland, so as to provide for an increase in ad valorem property taxes; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 167. By Mr. Wells of Camden:
A bill to authorize and empower the City of St. Mary's, Georgia to bor row the sum of $37,000.00 from the First Federal Savings and Loan Association of Brunswick; to execute a promissory note for $37,000.00 to this association or other associations; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 168. By Mr. Wells of Camden:
A bill to amend an act creating a new city charter and municipal gov ernment for the City of St. Mary's; so as to provide the mayor and council the authority to adopt ordinances; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 149. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A bill to amend an act providing for retirement benefits for the teachers of this state, so as to authorize the employment of agents for advisory and investment purposes; and for other purposes.
Referred to Committee on Rules.

HB 150. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A bill to amend an act providing for retirement benefits for the ordi naries of this State, so as to provide for investments; and for other purposes.
Referred to Committee on Rules.

HB 151. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A bill to amend an act creating the Georgia Firemen's Pension Fund, so as to provide for investments; and for other purposes.
Referred to Committee on Rules.

298

JOURNAL OF THE SENATE,

HB 152. By Messrs. Busbee, Lee and Odom of Dougherty:
A bill to authorize the Boards of Education of all counties of this State to insure the lives and health of all teachers and other employees of such boards of education, and authorizing such boards to pay the pre miums to maintain such insurance; and for other purposes.
Referred to Committee on Educational Matters.

HB 153. By Messrs. Wilson of Cobb, Abney of Walker, Wells of Camden, Bowen of Toombs, Snow of Walker, Nessmith of Bulloch and others:
A bill to amend an act relating to voter qualification; and for other purposes.
Referred to Committee on Rules.

HB 160. By Messrs. Brown of Hart, Milford of Franklin, Poss of Madison, Brooks of Oglethorpe and Johnson of Elbert:
A bill to provide a salary for the official court reporter of the Northern Judicial Circuit in lieu of fees for criminal cases; and for other pur poses.
Referred to Committee on Judiciary.

HB 170. By Messrs. Richardson, Shea and Funk of Chatham:
A bill to amend the original act creating the Municipal Court of Sa vannah, so as to increase the civil jurisdiction of said court; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 171. By Messrs. Richardson, Shea and Funk of Chatham:
A bill relating to the City Court of Savannah, so as to authorize and empower the judge of the City Court of Savannah to extend the time for hearing and determining motions for a new trial; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 172. By Mr. Parker of Screven:
A bill to create a Screven County Industrial Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

MONDAY, FEBRUARY 18, 1963

299

HB 179. By Mr. Jones of Liberty:
A bill to amend an act to supplement the fees of the ordinary of Liberty County, so as to change such supplemental compensation; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 180. By Mr. Jones of Liberty:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues for Liberty County, so as to change the compensation of the County Commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 182. By Mr. Roper of Greene:
A bill to amend an act entitled "An act to incorporate the City of Union Point, in the County of Greene", to provide for the election of mayor; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 185. By Messrs. Smith and Mitchell of Whitfield: A bill to amend the charter of the City of Dalton, establishing the cor porate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 187. By Messrs. Walker and Gibbons of Lowndes: A bill to fix the compensation of the members of the Board of Educa tion of Lowndes County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 188. By Messrs. Walker and Gibbons of Lowndes: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Lowndes County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 189. By Mr. Duncan of Fannin: A bill to amend an act providing for a supplemental salary for the ordinary of Fannin County, so as to change such supplemental com pensation; and for other purposes.
Referred to Committee on County and Municipal Governments.

300

JOURNAL OF THE SENATE,

HB 203. By Mr. Milhollin of Coffee:
A bill to amend an act establishing a new charter for the City of Nicholls, so as to provide for two year terms for the mayor and alderman; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 204. By Mr. Twitty of Mitchell:
A bill to amend an act to create a new charter for the City of Camilla; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 211. By Mr. Wilkes of Cook:
A bill to amend an act creating and establishing a charter for the Town of Lenox, so as to give the town counsel power and authority to lease specific property; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 212. By Mr. Shaw of Long:
A bill to amend an act establishing the Commissioners of Roads and Revenues for Long County, so as to strike out the provision for per diem method of compensation and substitute a salary for the commis sioners; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 213. By Mr. Shaw of Long:
A bill to amend an act establishing a City Court of Ludowici; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 214. By Mr. Shaw of Long:
A bill to provide that the sheriff and deputy sheriff of Long County shall be placed upon a salary, plus compensation set forth; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 215. By Mr. Logan of Gilmer:
A bill to amend an act creating the office of County Commissioner and an Advisory Board of Gilmer County, so as to provide for an annual audit of the offices of Coiinty Commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

MONDAY, FEBRUARY 18, 1963

301

HB 218. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporter; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 219. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Clayton County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 220. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act consolidating the offices of tax receiver and tax collector of Clayton County into the one office of Tax Commissioner of Clayton County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 221. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act placing the sheriff and the clerk of the Superior Court of Clayton County on a salary system in lieu of a fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 222. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act creating the Clayton Judicial Circuit, so as to provide personnel, offices, and supplies for the use of the judge and the solicitor-general; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 229. By Messrs. Keyton and Russell of Thomas:
A bill to amend an act creating and establishing a new charter for the City of Boston; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 230. By Messrs. Keyton and Russell of Thomas:
A bill to amend an act creating and establishing a new charter for the City of Boston; and for other purposes.
Referred to Committee on County and Municipal Governments.

302

JOURNAL OF THE SENATE,

HB 169. By Mr. Sangster of Dooly:
A bill to amend, consolidate, create, revise and supersede the several acts incorporating the Town of Pinehurst in Dooly County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 216. By Mr. Hall of Lee:
A bill to amend an act creating the charter of the City of Leesburg as to corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 183. By Mr. Hill of Meriwether:
A bill to amend an act incorporating the City of Warm Springs, so as to change the amount of ad valorem tax; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 231. By Mr. Smith of Telfair:
A bill to amend, consolidate, create, revise and supersede the several acts incorporating the City of McRae; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 232. By Mr. Lee of Clinch:
A bill creating the Board of Commissioners of Roads and Revenues for Clinch County, so as to change the compensation of the clerk of the Board of Commissioners of Roads and Revenues for Clinch County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 234. By Messrs. Griffin and Conger of Decatur: A bill to amend an act incorporating the City of Bainbridge, so as to raise the age limit for employees eligible to participate in the retire ment system of the City of Bainbridge; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 47. By Messrs. Overby and Williams of Hall: A resolution authorizing and directing the State Librarian to furnish certain law books to the judge of the Superior Court of Hall County; and for other purposes.
Referred to Committee on Judiciary.

MONDAY, FEBRUARY 18, 1963

303

HR 90. By Messrs. Griffin and Conger of Decatur:
A resolution authorizing the State Librarian to furnish to the Superior Court of Decatur County certain enumerated volumes of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports; and for other purposes.
Referred to Committee on Judiciary.

The following bills and resolutions were read the second time:

SB 52. By Senator Knox of the 24th:
A bill to amend an act placing certain county officers of McDuffie County on a salary system in lieu of a fee system, so as to provide a contingent expense allowance for the Clerk of Superior Court; and for other purposes.

SB 53. By Senator Kidd of the 25th:
A bill to fix the situs of any motorboat required to be registered or licensed by the Georgia Motorboat Numbering Act, to provide the return of boats for the purpose of taxation; and for other purposes.

SB 54. By Senator Kidd of the 25th:
A bill to fix the situs of boats, houseboats, motorboats, sailboats, etc., for the purpose of ad valorem taxation; and for other purposes.

SB 55. By Senator Fuqua of the 22nd:
A bill to amend an act regulating advertising so as to provide that no person, firm, corporation or association may place deceptive advertising before the public.

SB 56. By Senator Fuqua of the 22nd:
A bill relating to the advertisement of judicial sales, as amended, so as to authorize the supplementing of "official or legal advertising" by radio or television; and for other purposes.

SB 57. By Senator Downing of the 1st:
A bill to amend the act prescribing and establishing compensation and/or salary for the coroner of Chatham County, Georgia, by striking the figures $2,700 and inserting $4,200; and for other purposes.

304

JOURNAL OF THE SENATE,

SB 58. By Senators Ellis of the 44th, Kendrick of the 32nd, and Phillips of the 27th:
A bill to amend an act known as the "Minimum Foundation Program of Education Act", as amended, so as to provide other criteria for provid ing additional funds to local units which have exceptional needs; and for other purposes.

SB 59. By Senator Moore of the 31st:
A bill to create the Cedartown Development Authority; to provide the powers, authority, funds, purposes, organization and procedures con nected therewith; and for other purposes.

SB 60. By Senator Salome of the 36th:
A bill to provide for the issuance by the State Revenue Commissioner of special license tags to motor vehicle owners who operate Citizens' Band Radio Stations; and for other purposes.

SB 61. By Senator Salome of the 36th:
A bill relating to the powers of county police, so as to limit certain powers to the county of appointment or election; and for other purposes.
SB 62. By Senators Smalley of the 28th, Pannell of the 54th, Phillips of the 27th, Carlton of the 21st, Webb of the llth, Johnson of the 42nd, Salome of the 36th, and Johnson of the 38th:
A bill to authorize the Supreme Court of Georgia to establish, as an administrative arm of the Court, a unified, self-governing bar associa tion to be known as the "State Bar of Georgia" composed of all persons now or hereafter licensed to practice law in this State; to repeal con flicting laws; and for other purposes.
SB 63. By Senators Miller of the 50th, and Smalley of the 28th:
A bill to provide for penalty for the wilful burning of any real or per sonal property; and for other purposes.

SB 64. By Senators Miller of the 50th, Smalley of the 28th, and Johnson of the 42nd:
A bill to amend an act known as the "Georgia Insurance Code", as amended, so as to provide for penalty for false oath to procure benefit from an insurance policy; and for other purposes.

MONDAY, FEBRUARY 18, 1963

305

SB 65. By Senators Miller of the 50th, Smalley of the 28th, and Johnson of the 42nd:
A bill to amend an act creating the office of Georgia Safety Fire Com missioner, as amended, so as to authorize and empower the State Fire Marshal to make arrests and carry weapons; and for other purposes.

HB 50. By Messrs. Scarborough of Crawford, Keadle of Lamar and others:
A bill to create the Georgia Board of Floral Designers; to provide for the appointment of members and to provide for their qualifications, terms, duties, powers and compensation; and for other purposes.

HB 76. By Messrs. Parker of Screven, Keyton of Thomas, Lane of Bulloch and others:
A bill to amend an act creating the Minimum Foundation Program of Education in Georgia, so as to change the method of Calculating Finan cial ability of local units of administration; and for other purposes.

The following committee report was submitted and read by the secretary:

Mr. Miller of the 50th 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 Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 3. Do Pass, by Substitute. Respsctfully submitted, Miller of 50th District, Chairman.

The following local, uncontested bills and resolutions were read the third time, and put upon their passage:

SB 16. By Senator Broun of the 46th:
A bill to amend an act entitled "An act to amend the charter of the Town of Athens," approved August 24, 1872 (Ga. Laws 1872, p. 127),

306

JOURNAL OF THE SENATE,

as amended, particularly by an act approved August 16, 1915 (Ga. Laws 1915, p. 476) ; to repeal conflicting laws; and for other purposes.

Senator Broun of the 46th offered the following amendment:
Amend SB 16 by striking from the last sentence of section 2 of said act the words:
"however, a voter shall be disqualified to vote in any election for the office of mayor or alderman of said City, or other municipal election held pursuant to said Charter, if the voter is not on the current voters list for the county."
By striking from section 4 of said act the phrase "and on the cur rent voting list of Clarke County" wherever it appears and inserting in lieu thereof the phrase "of the City of Athens."

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, 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 13. By Senators Johnson of the 38th, Wesberry of the 37th, Brewer of the 39th, Coggin of the 35th, Salome of the 36th, Brown of the 34th and Maclntyre of the 40th:
A bill to designate as depositories for public and trust funds the treas ury in all counties of Georgia having a population of 500,000 or more according to the last U.S. Census or any future U.S. Census; to author ize various county officers and officers of court to deposit in the treas ury any funds in their custody not required for immediate disburse ment; and for other purposes.

The report 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.

MONDAY, FEBRUARY 18, 1963

307

The bill, having received the requisite constitutional majority, was passed.

SB 17. By Senator Downing of the 1st:
A bill to fix the compensation of the judges of the Municipal Court of Savannah; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 29. By Senators Brown of the 34th, Wesberry of the 37th, Johnson of the 38th, Maclntyre of the 40th, Brewer of the 39th, Salome of the 36th and Coggin of the 35th:
A bill to amend an act entitled "An act to establish a method for pro viding garbage disposal systems in the unincorporated portions of Pul ton County . . . and for other purposes, so as to authorize Fulton County to operate a sanitary landfill for the disposal of public and private industrial waste, refuse and garbage; and for other purposes.

The report 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 30. By Senator Webb of the llth:
A bill to amend an act creating a new charter for the City of Donalsonville in Seminole County, so as to change the compensation of the mayor and aldermen 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 36, nays 0.

308

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

SB 38. By Senators Johnson of the 42nd, McWhorter of the 43rd and Conway of the 41st:
A bill to amend an act creating and establishing a new charter for the City of Decatur, and the several acts amendatory thereof, so as to ex tend the corporate limits of the City of Decatur; and for other purposes.

The report 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.
SE 41. By Senator Downing of the 1st: A resolution relating to 52nd Street extended 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 18. By Mr. Twitty of Mitchell: A bill to amend an act creating a Small Claims Court in certain coun ties, in order to provide for the procedure and practice in garnishments, in issuing executions from said court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, Was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 18, 1963

309

HB 19. By Messrs. Newton and Matthews of Colquitt:
A bill to amend an act relating to the incorporation of the City of Moultrie, so as to change the niillage rate on all taxable property 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 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SR 21. By Senators Wesberry of the 37th, Salome of the 36th, Johnson of the 38th and others:
A RESOLUTION
Proposing an amendment to Article XI of the Constitution of the State of Georgia.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA AND IT IS HEREBY RESOLVED BY THE AUTHORITY OF THE SAME that Article XI of the Constitution of the State of Georgia of 1945 as heretofore amended be further amended by adding at the end of said Article XI the following provisions:
Section 1. Within the unincorporated areas, the Commissioners of Roads and Revenues of Fulton County shall have full power and au thority to construct, pave and otherwise improve public streets, road ways and sidewalks, and to assess all or a portion of the cost of such pavement or improvement against the abutting property and the owners thereof. In all such cases, however, the costs shall be determined and assessed under uniform rules and regulations adopted by the County Commission and applied uniformly to all roads, streets, sidewalks and properties of the same class, and similarly situated.
Section 2. When this resolution shall have been agreed to by twothirds (%) of the members elected to both houses of the General Assem bly of Georgia, the same shall be entered on their journals with the yeas and nays taken thereon and shall be submitted to the people for ratifi cation or rejection at the next general election for members of the Gen eral Assembly as provided by the Constitution of the State of Georgia. At said general election, those desiring to vote in favor of said amend ment shall have written or printed on their ballot the words, "For rati fication of amendment to the Constitution of Georgia, authorizing Fulton County, in the unincorporated area, to construct, pave and improve pub lic streets, roads and sidewalks and assess all or a portion of the cost of same against abutting property and the owners thereof." Those desiring

310

JOURNAL OF THE SENATE,

to vote against ratification of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to the Constitution of Georgia, authorizing Fulton County, in the unin corporated area, to construct, pave and improve public streets, roads and sidewalks and assess all or a portion of the cost of same against abutting property and the owners thereof."

Section 3. This proposed amendment shall be published before said general election as now provided by law. If at said general election the majority of qualified voters voting thereon as provided in the Consti tution of the State of Georgia, as amended, vote in favor of the ratifi cation of this amendment the same shall, upon the result thereof being ascertained, consolidated and certified as provided by law, become a part of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law.

The report of the committee, which was favorable to the adoption of the reso lution, 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:

Broun of 46th Carter Ellis Fincher Fuqua Gayner Gillis Gordy Hall Harrison Heard Holloway Hunt

Johnson of 38th Kendrick Kidd Knox Lee Loggins Maclntyre Moore McKinnon McWhorter Oliver Pannell Pelham

Pennington Salome Scott Searcey Smalley Smith Spinks Webb Wesberry Yancey Zorn

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 major ity, was adopted.

MONDAY, FEBRUARY 18, 1963

311

SR 22. By Senators Wesberry of the 37th, Salome of the 36th, Johnson of the

|

38th and others:

'

A RESOLUTION

Proposing an amendment to Article XI of the Constitution of the State of Georgia.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA AND IT IS HEREBY RESOLVED BY THE AUTHORITY OF THE SAME that Article XI of the Constitution of the State of Georgia of 1945 as heretofore amended be further amended by adding at the end of said Article XI the following provisions:

Section 1. (a) The Commissioners of Roads and Revenues of Ful ton County shall have the power and authority to conduct recreational programs in cities of said county having a population of not more than 5,000 persons according to the last or any future Federal Census pro vided, the city in which said program is conducted shall bear at least one-half of the total cost of said program and, provided further, the cost to Fulton County in any one year for the program conducted in any such city shall not exceed the sum of $5,000.00.

(b) Within the unincorporated areas, the Commissioners of Roads and Revenues shall have full power and authority to:

1. Regulate business and business activities, and to require of each person, firm or corporation conducting any business or business activities to pay a license fee to be determined by the County Commission for each business or classification thereof;

2. To operate sanitary landfills for the purpose of providing a public dump and for the disposal of garbage, refuse, and industrial and construction waste;

3. To regulate pedestrian and vehicular traffic on the public streets and roadways and to regulate or prohibit the parking of vehicles on any of same; to regulate the speed of vehicles and to provide that the viola tors of such regulations may be punished as for a misdemeanor.

Section 2. When this resolution shall have been agreed to by twothirds (%) of the members elected to both houses of the General Assem bly of Georgia, the same shall be entered on their journals with the yeas and nays taken thereon and shall be submitted to the people for ratifi cation or rejection at the next general election for members of the Gen eral Assembly as provided by the Constitution of the State of Georgia. At said general election, those desiring to vote in favor of said amend ment shall have written or printed on their ballot the words, "For rati fication of amendment to the Constitution of Georgia authorizing Ful ton County to engage in recreational activities in certain cities; and authorizing Fulton County, in unincorporated areas to regulate and license business; to operate sanitary landfills, to regulate traffic and parking and to provide for the misdemeanor punishment of violators."
Those desiring to vote against ratification of said amendment shall have

312

JOURNAL OP THE SENATE,

written or printed on their ballots the words "Against ratification of amendment to the Constitution of Georgia, authorizing Fulton County to engage in recreational activities in certain cities; and authorizing Pulton County, in unincorporated areas to regulate and license business, to operate sanitary landfills, to regulate traffic and parking and to provide for the misdemeanor punishment of violators."

Section 3. This proposed amendment shall be published before said general election as now provided by law. If at said general election the majority of qualified voters voting thereon as provided in the Consti tution of the State of Georgia, as amended, vote in favor of the ratifi cation of this amendment the same shall, upon the result thereof being ascertained, consolidated and certified as provided by law, become a part of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law.

The report of the committee, which was favorable to the adoption of the reso lution, 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:

Broun of 46th Carter Ellis Fincher Fuqua Gayner Gillis Gordy Hall Harrison Heard Holloway Hunt

Johnson of 38th Kendrick Kidd Knox Lee Loggins Maclntyre Moore McKinnon McWhorter Oliver Pannell Pelham

Pennington Salome Scott Searcey Smalley Smith Spinks Webb Wesberry Yancey Zorn

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 major ity, was adopted.

MONDAY, FEBRUARY 18, 1963

313

HB 20. By Messrs. Pope and Coker of Cherokee:
A bill to amend the charter of the City of Woodstock; to permit sale of water outside 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 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 21. By Messrs. Coker and Pope of Cherokee:
A bill to increase the corporate limits of the City of Canton; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 22. By Messrs. Coker and Pope of Cherokee: A bill to increase the corporate limits of the City of Canton; to provide for a referendum; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 23. By Mr. Sinclair of Macon: A bill to change the charter of the City of Montezuma; and for other purposes.

314

JOURNAL OF THE SENATE,

The Committee on County and Municipal Governments offered the following amendment:

Amend Section 1.03 of HB 23 by at the end of subsection (p) adding the following: This sub section does not apply to work done by and for public utilities.

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 25. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act establishing the charter for the City of Atlanta, so as to provide that the City of Atlanta shall have power to contract with any person, firm or corporation to store, repair and sell any per sonal property, other than motor vehicles, removed from the sidewalks and streets in 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 26. By Messrs. Brooks, Etheridge and McClelland of Fulton: A bill to amend an act establishing a new charter for the City of Atlanta relating to water mains in the City of East Point; and for other pur poses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, FEBRUARY 18, 1963

315

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 27. By Messrs. Brooks, Etheridge and McClelland of Fulton: A bill to amend an act establishing a new charter for the City of At lanta, relating to sewers laid down or constructed through or over any private 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 34. By Messrs. Brooks, Etheridge and McClelland of Fulton: A bill to amend an act establishing a new charter for the City of At lanta, relating to insurance on all 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 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 36. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of At lanta, relating to business or occupation license fees; and for other pur poses.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 43, nays 0.

316

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

HB 46. By Mr. Jordan of Calhoun:
A bill to change the terms of the Superior Court of Calhoun 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 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 47. By Messrs. Walker and Gibbons of Lowndes:
A bill to provide that the tax commissioners of certain counties shall be ex-officio sheriffs for the purpose of collecting tax fi. fas. which are issued by tax commissioners; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 47 by striking from the title the words "be ex-officio Sheriffs for the purpose of collecting" and substituting in lieu thereof the words "have the power and authority to levy and collect" so that when so amended said title shall read as follows:
"An Act to provide that the Tax Commissioner of certain Coun ties shall have the power and authority to levy and collect tax fi-fas which are issued by the Tax Commissioners; to provide for the appointment of Deputies and their duties and responsibilities; to repeal conflicting laws; and for other purposes."
By striking from Section 1 the words "the Tax Commissioner of said Counties shall be ex-officio Sheriffs, possessed only with such pow ers, duties, and responsibilities while acting as such as is set forth by this Act"., and substituting in lieu thereof the words "the Tax Com missioner of said Counties shall be possessed with the additional pow ers, duties, and responsibilities as are set forth in this Act".
By striking from Section 2 the words "while acting as ex-officio Sheriff of his County".
By striking from Section 2 the third sentence therein and substitut ing in lieu thereof the sentence "For the purposes of collecting tax fi-

MONDAY, FEBRUARY 18, 1963

317

fas, the Tax Commissioner is hereby vested with all such powers and authority as is by law granted to Sheriffs only insofar as levies, sales and conveyances of property are concerned".
By striking from Section 3 the words "while acting as ex-officio Sheriff".

On the adoption of the amendment, the ayes were 38, 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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 49. By Mr. Watts of Talbot:
A bill to amend an act establishing a Board of County Commissioners for the County of Talbot, so as to divide Talbot County into 3 election districts; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 49 by adding in the title before the words "to repeal conflicting laws;" the words "to provide for a referendum;".
By adding a new section to be known as Section 4, to read as fol lows:
"Section 4. Not less than 30 nor more than 45 days after the date of the approval of this Act by the Governor, or after it other wise becomes law, it shall be the duty of the Ordinary of Talbot County to issue the call for an election for the purpose of submitting this Act to the voters of Talbot County for approval or rejection. The Ordinary shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Talbot County. The ballot shall have written or printed thereon the words:
'For approval of the Act to divide Talbot County into 3 elec tion districts; to provide that each district shall have one represen tative on the Board of County Commissioners; to provide for the

318

JOURNAL OF THE SENATE,

time of election and tenure of office of such member; and for other purposes.

'Against approval of the Act to divide Talbot County into 3 election districts; to provide that each district shall have one repre sentative on the Board of County Commissioners; to provide for the time of election and tenure of office of such member; 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 one-half or more of the votes cast on such question are for approval of the Act, it shall become of force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Talbot County. It shall be the duty of the Ordinary to hold and conduct such elec tion. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise pro vided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State."

By renumbering the present Section 4 as Section 5.

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 55. By Messrs. Richardson, Shea and Funk of Chatham: A bill to create The Steamship "Savannah" Commission, a body corporate and politic and a public corporation of the State; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 55 by striking from the first sentence of section 2 the words "residents of the State of Georgia" and substituting in lieu there-

MONDAY, FEBRUARY 18, 1963

319

of the words "residents of the County of Chatham, State of Georgia", so that when so amended the first sentence of Section 2 shall read as follows:

"The Commission shall consist of ten (10) members who shall be residents of the County of Chatham, State of Georgia."

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 62. By Mr. Rainey of Crisp: A bill to amend an act relating to fees paid coroners, so as to change the compensation of coroners in certain counties having a population of not less than 17,650 and not more than 17,800; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 43, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 67. By Messrs. Ponsell and Dixon of Ware:
A bill to amend an act to provide and establish a new charter for the City of Waycross, so as to change the city limits of the City of Waycross; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 48, nays 0.

320

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

HB 71. By Mr. Dorminy of Ben Hill:
A bill to amend an act amending and revising the charter for the City of Fitzgerald; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 72. By Mr. Dorminy of Ben Hill:
A bill to create the Fitzgerald and Ben Hill County Development Au thority; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 74. By Mr. Tabb of Miller:
A bill to amend an act establishing a city court in and for the County of Miller, so as to increase the salary for the city 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 41, nays 0.

The till, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 18, 1963

321

HB 78. By Messrs. Greene and Cullens of Bartow:
A bill to change from the fee to the salary system in Bartow County, the sheriff, the clerk of the Superior Court and the ordinary for such county, so as to provide for a change in compensation for sheriff's deputies; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 79. By Messrs. Greene and Cullens of Bartow:
A bill to amend an act to change from the fee to the salary system in Bartow County, the sheriff, the clerk of the Superior Court of such county, so as to change the compensation of the deputy clerk of the Superior Court; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 80. By Messrs. Greene and Cullens of Bartow:
A bill to change from the fee to the salary system in Bartow County, the sheriff, the clerk of the Superior Court and the ordinary of such county, so as to change the compensation received by the ordinary for clerical help; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 41, nays 0.

322

JOURNAL OP THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

HB 81. By Messrs. Greene and Cullens of Bartow: A bill to amend an act creating the office of Commissioner of Roads and Revenues of Bartow County, so as to change the compensation received by the commissioner for clerical help; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 82. By Messrs. Greene and Cullens of Bartow: A bill to amend an act to consolidate offices of tax receiver and tax col lector of Bartow County into the office of Tax Commissioner of Bartow County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 83. By Messrs. Greene and Cullens of Bartow:
A bill to amend an act to change from the fee to the salary system in Bartow County, the sheriff, the clerk of the Superior Court and the ordinary of such county, so as to provide that two automobiles and equip ment be furnished the sheriff's office; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 39, nays 0.

MONDAY, FEBRUARY 18, 1963

323

The bill, having received the requisite constitutional majority, was passed.

HB 89. By Mr. Warren of Wayne:
A bill to amend an act creating the office of clerk of the Board of Com missioners of Roads and Revenues for Wayne County, so as to provide that the clerk shall be appointed by the county administrator; and for other purposes.

The report 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 90. By Mr. Warren of Wayne: A bill to create and establish the Jesup-Wayne County Airport Author ity and to authorize such Authority to acquire, construct, equip, own and improve airports and landing fields; and for other purposes.
The report 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 91. By Mr. Warren of Wayne: A bill to amend an act to place the compensation of the sheriff and clerk of Wayne 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.

324

JOURNAL OF THE SENATE,

HB 92. By Messrs. Lowrey and Jordan of Floyd:
A bill to provide for a supplement to the salary of the judge of the Superior Court of the Rome 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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 94. By Messrs. Killian and Isenberg of Glynn:
A bill to amend an act relating to the limitation of ad valorem taxation by municipal corporations, so as to provide that the City of Brunswick shall 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 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 98. By Mr. Lambert of Morgan:
A bill to change the compensation of the coroner 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 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 18, 1963

325

HB 99. By Mr. Lambert of Morgan:
A bill to amend an act creating a new charter for the City of Madison, so as to change the compensation of the mayor and aldermen 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 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:

SB 14. By Senator Phillips of the 27th:
A bill to amend an act entitled "Uniform Act Regulating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, so as to provide for the inspection of motor vehicles; and for other purposes.

The Committee on Highways offered the following amendment:
Amend SB 14 by adding in the title before the words "to provide for the procedure connected therewith", the words "to provide for fees; to provide for a penalty;".
By striking from Subsection (b) of Section 124, which is quoted in Section 1 of said Bill, the following: "the particulars with reference thereto and that a certificate of inspection and approval be obtained within 5 days", and substituting in lieu thereof the following: "those parts or equipment so inspected and approved", so that when so amended Subsection (b) shall read as follows:
"(b) In the event such vehicle and its equipment are found to be in safe condition and in full compliance with the law, the officer making such an inspection shall issue to the driver an official cer tificate of inspection and approval of such vehicle specifying those parts or equipment so inspected and approved."
By adding at the end of Section 124, which is quoted in Section 1 of said Bill, a new subsection to read as follows:

326

JOURNAL OF THE SENATE,

"(d) The Director shall permit any person, firm, association, corporation, municipality or governmental agency having registered in his or its name sufficient vehicles in this State to maintain ap proved inspection facilities to conduct the inspection required by this Act on such motor vehicles under regulations prescribed by the Director."

By striking the first paragraph of Subsection (a) of Section 126, which is quoted in Section 1 of said Bill, and substituting in lieu thereof a new paragraph to read as follows:

"(a) The Director shall once each year require that every motor vehicle, trailer, semitrailer, and pole trailer registered in this State be inspected and that an official certificate of inspection and ap proval be obtained for each such vehicle."

By striking Subsection (c) of Section 126B in its entirety and in serting in lieu thereof a new Subsection (c) to read as follows:

"(c) A fee of $1.25 shall be charged for each certificate of in spection and approval, $.25 of which shall be remitted to the Direc tor as a regulatory fee, and the Director shall turn the same into the State Treasury. The Director may promulgate rules and regu lations governing the remission of such fees by the person issuing the certificate."

By adding at the end of Section 1 the following:

"Section 126E.--Penalties.

"Any person violating the provisions of Sections 123 through 126D shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor."

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.
Senator Phillips of the 27th offered the following amendment:
Amend SB 14 by striking the caption of Section 124, which Section is quoted in Section 1 of said bill, and substituting in lieu thereof the following caption: "Section 124. Inspection by officers of the Depart ment of Public Safety."
By striking from Subsection (a) of Section 124 the words "State Highway Patrol" and substituting in lieu thereof the words "Depart ment of Public Safety".
By adding at the end of Subsection (a) of Section 126, which Sec tion is quoted in Section 1 of said Bill, the following:

MONDAY, FEBRUARY 18, 1963

327

"After the initial inspection of motor vehicles under the provi sions of this Act, all subsequent inspections shall be conducted and a certificate of inspection and approval must be obtained within a twelve month period from the date of the last inspection."

By inserting between the words "safety" and "or" as they appear in Subsection (c) of Section 126 the following: "but only after reason able notice and demand and refusal to comply,", so that Subsection (c), as amended, shall read as follows:

"(c) The Director may suspend the registration of any vehicle which he determines is in such unsafe condition as to constitute a menace to safety but only after reasonable notice and demand and refusal to comply, or which after notice and demand is not equipped as required in this Act or for which a required certificate has not been obtained."

By adding at the end of Subsection (b) of Section 126A, which Sec tion is quoted in Section 1 of said Bill, the following:

"Such bond shall indemnify the person owning said vehicle. In lieu of requiring the applicant to file a bond as is provided for herein, the Director may accept competent proof that a garage owner's liability insurance policy is maintained in full force and effect by such applicant."

By adding to Section 126B, which Section is quoted in Section 1 of said Bill, a new Subsection to be lettered Subsection (d) and to read as follows:

"(d) The certificate of inspection and approval issued under the provisions of this Act shall be displayed upon the windshield of the motor vehicle inspected and shall bear the date said motor ve hicle was inspected, the number or other identification of the in specting station or officer and such other reasonable information as shall be required by the Director in order to properly identify said motor vehicle."

By renumbering Section 2 as Section 3.

By inserting following Section 1 a new Section 2 to read as follows:

"Section 2. The provisions of this Act shall become effective January 1, 1964, and the first inspection of motor vehicles under the provisions of this Act shall be completed by July 1, 1964."

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

328

JOURNAL OF THE SENATE,

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 26. By Senator Phillips of the 27th:
A bill to amend an act creating a Department of Public Safety, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, so as to provide that drivers of school buses must obtain a chauffeur's 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 36, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 10. By Senator Zorn of the 6th: A bill establishing a state employees' retirement system so as to provide that military service shall be counted toward membership eligibility; and for other purposes.
Senator Zorn of the 6th moved that SB 10 be indefinitely postponed.
On the motion to indefinitely postpone, the ayes were 38, nays 0, and the motion prevailed.

SB 27. By Senators Carter of the 14th and Pennington of the 45th:
A bill to regulate the registration, labeling, analysis, sale and applica tion of agricultural limestone; and for other purposes.

The report 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.

MONDAY, FEBRUARY 18, 1963

329

The bill, having received the requisite constitutional majority, was passed.

SB 45. By Senators Zorn of the 6th, McKinnon of the 7th, Webb of the llth, Yancey of the 33rd and Johnson of the 42nd:
A bill to amend Code section 24-2720, relating to the authority of clerks of the superior courts, so as to authorize the clerks to collect recording fees in advance; and for other purposes.

The report 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 3. By Senator Kidd of the 25th: A bill to amend an act known as the "Aid to Dependent Children Act" approved February 26, 1937 (Ga. Laws 1937, p. 630), as amended, so as to change the definition of the term "Dependent Child"; and for other purposes.
The Committee on Health and Welfare offered the following substitute:
AN ACT
To amend an Act known as the "Aid to Dependent Children Act" approved February 26, 1937 (Ga. Laws 1937, p. 630), as amended, par ticularly by an Act approved February 16, 1950 (Ga. Laws 1950, p. 307), so as to change the definition of the term "Dependent Child", to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act known as the "Aid to Dependent Children Act" approved February 26, 1937 (Ga. Laws 1937, p. 630), as amended, par ticularly by an Act approved February 16, 1950 (Ga. Laws 1950, p. 307), is hereby amended by striking the figure "16," from the third para graph of Section 1 and inserting in lieu thereof the following words and figures:
''18 years, who is in attendance in a public or private school or has completed all high school grades or who due to disability or ill ness is unable to attend school and"

330

JOURNAL OF THE SENATE,

so that when so amended, the third paragraph of Section 1 defining the term "Dependent Child" shall read as follows:

"Dependent Child, means a needy child under the age of 18 years, who is in attendance in a public or private school or has com pleted all high school grades or who due to disability or illness is unable to attend school and who has been deprived of parental sup port or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent, and whose rela tives are not able to provide adequate care and support of such child without public assistance, and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, or aunt, in a place of residence main tained by one or more of such relatives as his or their own home. Provided, however, that in the event a child receiving assistance ceases to live with one of the relatives specified above due to the death of such relative or other emergency, the child's status as a dependent child shall continue for a temporary period during such emergency."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Kidd of the 25th offered the following amendment to the substitute:

Amend SB 3 by striking the portion of section 1 which reads as fol lows:
"18 years, who is in attendance in a public or private school or has completed all high school grades or who due to disability or

illness is unable to attend school and"

so that when so amended, the third paragraph of section 1 defining the term "Dependent Child" shall read as follows:
"Dependent Child, means a needy child under the age of 18 years, who is in attendance in a public or private school or has completed all high school grades or who due to disability or illness is unable to attend school and"

and inserting in lieu thereof the following:

"18 years, who is in attendance in a public school, private school or vocational school and"
so that when so amended the third paragraph of section 1 defining the term "Dependent Child" shall read as follows:
"Dependent Child, means a needy child under the age of 18 years, who is in attendance in a public school, private school or vo cational school, and"

MONDAY, FEBRUARY 18, 1963

331

On the adoption of the amendment to the substitute, the ayes were 35, nays 0, and the amendment to the substitute was adopted.

On the adoption of the substitute, the ayes were 41, nays 2, and the substi tute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, the ayes were 41, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute, as amended.
SB 33. By Senators Phillips of the 27th, Smalley of the 28th and Carlton of the 21st: A bill to make it unlawful for any person to post or cause to be posted in any manner any type of banner, placard, poster, or other advertise ment on the roads or streets; and for other purposes.
Senator Phillips of the 27th offered the following amendment:
Amend SB 33 by adding at the end of section 1 the following:
"Nothing in this section shall be construed to prohibit the erec tion or maintenance of signs, markers or signals bearing thereon the name of an organization authorized to erect the same by the State Highway Department nor to prohibit the erection of mainte nance of signs, markers or devices advertising or designating exclu sively the location of the facilities of any public utility."
On the adoption of the amendment, the ayes were 40, nays 0, and the amend ment was adopted.

Senator Phillips of the 27th offered the following amendment:
Amend SB 33 by inserting in the Title thereof, before the phrase "to provide for penalties;" the following: "to provide for certain excep tions;".
By adding at the end of section 1 the following:

332

JOURNAL OF THE SENATE,

"Provided, however, that nothing contained in this Act shall prevent the erection of duly authorized billboard advertising; nor shall any municipality be prevented from issuing permits to au thorize the erection of advertising material upon the public streets located within the corporate limits of such a municipality."

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 38, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 46. By Senators Zorn of the 6th, McKinnon of the 7th, Webb of the llth, Yancey of the 33rd and Johnson of the 42nd: A bill to amend Code section 24-2729, relating to awarding judgment for costs for transmitting a transcript of a record to appellate courts, so as to require appellant to pay in advance; and for other purposes.
The report 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 96. By Mr. Towson of Laurens:
A bill to amend an act relating to the amount and conditions of bonds that tax collectors and tax commissioners are required to give the state and county, so as to provide that the bond required on behalf of the county shall not exceed $50,000.00; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, FEBRUARY 18, 1963

333

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SR 34. By Senators Brown of the 34th, Wesberry of the 37th, Salome of the 36th, Coggin of the 35th, Maclntyre of the 40th, Brewer of the 39th and Johnson of the 38th:
A resolution providing for the extension of time within which the Elec tion Study Commission created by resolution No. 261 of the 1962 session of the General Assembly shall make a report of its findings and recom mendations; 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.
Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative 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:
SB 5. Respectfully submitted, Pelham of 10th District, Chairman.
Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative 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

334

JOURNAL OF THE SENATE,

chairman, to report the same back to the Senate as correct and ready for trans mission to the Governor:
SB 6. Respectfully submitted, Pelham of 10th District, Chairman.

The following bill of the Senate was taken up for the purpose of considering House action thereto:

SB 12. By Senators Pannell of the 54th and Jackson of the 16th:
A bill to create the North Georgia Mountains Authority as a body cor porate and politic and an instrumentality and public corporation of the State, to provide for its organization and the appointment of its mem bers; and for other purposes.

Senator Pannell of the 54th moved that the Senate disagree to the House amendment to SB 12.

On the motion to disagree, the ayes were 28, nays 0, and the amendment was disagreed to.

Senator Pannell of the 54th moved that the Senate do now adjourn until tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.

TUESDAY, FEBRUARY 19, 1963

335

Senate Chamber, Atlanta, Georgia, Tuesday, February 19, 1963.

The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.

Scripture reading was offered by Reverend Anthony Hearn, pastor, Wynnton Methodist Church, Columbus, Georgia.

Prayer was offered by Reverend Wilburn S. Smith, retired Baptist minister now residing in Cairo, Georgia.

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

Broun of 46th Brown of 34th Byrd
Carlton Carter Conway Downing Ellis Fincher Gayner Gillis Gordy Hall Harrison Heard Holloway

Hunt Jackson Johnson of 38th Kidd Knox Lee Loggins Maclntyre Miller Moore McKinnon Noble Oliver Owens Pannell Pelham

Pennington Phillips Plunkett Rowan Salome Searcey Smalley Smith Spinks Tribble Webb Wesberry Yancey Young Zorn

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

Senator Pelham of the 10th reported that the journal of yesterday's proceed ings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Pannell of the 54th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions.

336

JOURNAL OF THE SENATE,

2. First reading and reference of bills and resolutions.

3. Second reading of bills and resolutions.

4. Report 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 173. By Messrs. Williams and Overby of Hall, Bowen of Dawson and others:
A bill to regulate the purchase of used motor vehicles and parts there from, to define the term "motor vehicle"; and for other purposes.

HB 40. By Messrs. Bell of Richmond and Mackay of DeKalb:
A bill to amend an act relating to criminal procedure, so as to provide that persons under the age of 16 years shall not be sentenced to death for the commission of a capital crime; and for other purposes.

HB 77. By Mr. Duncan of Carroll:
A bill known as the "Motor Vehicle Certificate of Title Act", so as to provide that no certificate of title shall be required on any vehicle reg istered in another state; and for other purposes.

HB 88. By Messrs. Pickard of Muscogee, Walker of Lowndes and Brantley of Candler:
A bill to provide certain minimum standards prerequisite to the original incorporation of a municipality; and for other purposes.

TUESDAY, FEBRUARY 19, 1963

337

HB 186. By Messrs. Newton of Colquitt, Smith of Emanuel, Lowrey of Ployd and others:
A bill to amend an act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, so as to exempt seed, fertilizers, etc., when used directly in tilling the soil or animal husbandry; and for other purposes.

HR 18. By Mr. Fowler of Douglas: A resolution to compensate W. H. Nicholson; and for other purposes.

HR 33. By Messrs. Richardson, Shea and Funk of Chatham:
A resolution authorizing the Georgia Forestry Commission to pay com pensation to Mr. George W. Lott for damages to his trees, vines and azaleas caused by chemicals being sprayed on adjoining lands; and for other purposes.

HR 36. By Mr. Milhollin of Coffee: A resolution to compensate Mrs. John Howard; and for other purposes.

HR 52. By Mr. Hill of Meriwether: A resolution to compensate Mr. Homer Smith; and for other purposes.
HR 53. By Mr. Hill of Meriwether: A resolution to compensate Mrs. L. R. Collins; and for other purposes.

HR 77. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb and others:
A resolution to repeal a resolution entitled "To recommend that the State discontinue the building of cabins at State Parks"; and for other pur poses.

The House insists on its position on the following bill of the Senate and a Committee of Conference has been appointed:

SB 5. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th:
A bill to authorize the State and all its agencies, within constitutional limitations, to make available, in certain instances, services, assistance, funds, property and etc., to counties and municipalities who consolidate and merge; and for other purposes.

338

JOURNAL OF THE SENATE,

The Speaker appointed the following members as a Committee of Conference on the part of the House:
Messrs. Bolton of Spalding, Busbee of Dougherty, and Andrews of Stephens.

The House has adopted the following resolutions of the House:

HR 136. By Messrs. Rowland of Johnson, Chance of Twiggs, and others:
A resolution expressing regrets at the passing of J. H. Rowland; and for other purposes.

HR 41. By Messrs. Fleming and Hull of Richmond, Woodward of Butts and others:
A resolution recommending the allocation of funds to the Board of Re gents to be used for the initial planning, staffing, alteration, construc tion, and operation of a dental college in conjunction with the Medical College of Georgia; and for other purposes.

The following bills and resolutions were introduced, read the first time and referred to committees:

SB 83. By Senator Pannell of the 54th:
A bill to provide an alternate method for furnishing of Survivors' Bene fits for the eligible members of the Employees' Retirement System of Georgia; and for other purposes.
Referred to Committee on Rules.

SB 84. By Senator Pannell of the 54th:
A bill to provide an alternate method for furnishing of Survivors' Bene fits for the eligible members of the Employees' Retirement System of Georgia; and for other purposes.
Referred to Committee on Rules.

SB 85. By Senator Heard of the 29th:
A bill to amend the Workmen's Compensation Act of Georgia so as to redefine "injury" to mean injury occurring through external, violent, and accidental means arising out of and in the course of employment; and for other purposes.
Referred to Committee on Industry and Labor.

TUESDAY, FEBRUARY 19, 1963

339

SB 86. By Senators Miller of the 50th, and Smalley of the 28th:
A bill to amend an act entitled the "Georgia Industrial Loan Act" so as to provide the procedure for relocation of loan officers; and for other purposes.
Referred to Committee on Judiciary.

SB 87. By Senators Salome of the 36th, Brown of the 34th, Johnson of the 38th, and Maclntyre of the 40th:
A bill relating to the compensation of Judges of the Civil Court of Fulton County; and for other purposes.
Referred to Committee on County and Municipal Governments.

SR 46. By Senator Pannell of the 54th: A resolution amending Senate Rule 198; and for other purposes.
Referred to Committee on Rules.

HB 40. By Messrs. Bell of Richmond and Mackay of DeKalb:
A bill to amend an act relating to criminal procedure, so as to provide that persons under the age of 16 years shall not be sentenced to death for the commission of a capital crime; and for other purposes.
Referred to Committee on Judiciary.

HB 77. By Mr. Duncan of Carroll:
A bill known as the "Motor Vehicle Certificate of Title Act", so as to provide that no certificate of title shall be required on any vehicle reg istered in another state; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

HB 88. By Messrs. Pickard of Muscogee, Walker of Lowndes and Brantley of Candler:
A bill to provide certain minimum standards prerequisite to the original incorporation of a municipality; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 173. By Messrs. Williams and Overby of Hall, Bowen of Dawson, Leonard of Murray, Teague of Cobb and Paris of Barrow:
A bill to regulate the purchase of used motor vehicles and parts there from; to define the term "motor vehicles"; and for other purposes.
Referred to Committee on Rules.

340

JOURNAL OF THE SENATE,

HB 186. By Messrs. Newton of Colquitt, Smith of Emanuel, Lowrey of Floyd, Milhollin of Coffee, Nessmith of Bulloch, Perry of Evans and many others:
A bill to amend an act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, so as to exempt seed, fertilizers, etc., when used directly in tilling the soil or animal husbandry; and for other purposes.
Referred to Committee on Rules.

HR 18. By Mr. Fowler of Douglas:
A resolution to compensate W. H. Nicholson (Highway Department); and for other purposes.
Referred to Committee on Appropriations.

HR 33. By Messrs. Richardson, Shea and Funk of Chatham:
A resolution authorizing the Georgia Forestry Commission to pay com pensation to Mr. George W. Lott for damages to his trees, vines and azaleas caused by chemicals being sprayed on adjoining lands; and for other purposes.
Referred to Committee on Appropriations.

HR 36. By Mr. Milhollin of Coffee: A resolution to compensate Mrs. John Howard; and for other purposes.
Referred to Committee on Appropriations.

HR 41. By Messrs. Fleming and Hull of Richmond, Woodward of Butts, Brantley of Candler, Roper of Greene, Simpson of Wheeler and others:
A resolution recommending the allocation of funds to the Board of Re gents to be used for the initial planning, staffing, alteration, construc tion, and operation of a Dental College in conjunction with the Medical College of Georgia, located in Augusta; and for other purposes.
Referred to Committee on Health and Welfare.

HR 52. By Mr. Hill of Meriwether: A resolution to compensate Mr. Homer Smith; and for other purposes.
Referred to Committee on Appropriations.

HR 53. By Mr. Hill of Meriwether: A resolution to compensate Mrs. L. R. Collins; and for other purposes.
Referred to Committee on Appropriations.

TUESDAY, FEBRUARY 19, 1963

341

HR 77. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution to repeal a resolution entitled "To recommend that the State discontinue the building of cabins at State Parks"; and for other purposes.
Referred to Committee on Rules.

The following bills and resolutions were read the second time:

SB 66. By Senator Kendrick of the 32nd:
A bill to amend an act establishing retirement for school teachers so as to provide that any person who left the profession who was active dur ing the 24 months prior to military leave for the Red Cross may receive credit for service; and for other purposes.

SB 67. By Senator Kendrick of the 32nd:
A bill relating to the qualifications of the State Superintendent of Schools, so as to provide for additional qualifications; and for other purposes.

SB 68. By Senator Gillis of the 20th:
A bill relating to the incorporation of banks, so as to require that all the capital stock of every bank applying for a charter be paid in; and for other purposes.

SB 69. By Senator Gillis of the 20th:
A bill relating to the Superintendent of Banks' office and residence, so as to provide that the Superintendent's office shall not be open on Sat urdays; and for other purposes.

SB 70. By Senator Gillis of the 20th:
A bill relating to ownership of real estate by banks, so as to change the percentage that a bank may invest in real and personal property; and for other purposes.

SB 71. By Senator Gillis of the 20th:
A bill relating to applications for bank charters, so as to change the fee paid by applicants; and for other purposes.

342

JOURNAL OF THE SENATE,

SB 72. By Senator Gillis of the 20th:
A bill relating to certain of the various criminal provisions thereof, as amended, so as to provide for the notification of certain irregularities by bank officials to public officers; and for other purposes.

SB 73. By Senator Gillis of the 20th:
A bill to amend an act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present cor poration laws of the State, so as to provide that the words bank, banks, etc. shall not be used in the name of a corporation; and for other pur poses.

SB 74. By Senator Byrd of the 17th:
A bill relating to returns to tax receivers, so as to provide for making tax returns by mail; and for other purposes.

SB 75. By Senators Brown of the 34th, Brewer of the 39th, Johnson of the 38th, Coggin of the 35th, Salome of the 36th, Wesberry of the 37th, and MacIntyre of the 40th:
A bill to amend an act providing in Fulton County a system of pensions and retirement pay to teachers and employees of the Board of Educa tion of Fulton County, so as to provide additional pension benefits to certain former teachers and employees; to repeal conflicting laws; and for other purposes.
SB 76. By Senators Brown of the 34th, Brewer of the 39th, Johnson of the 38th, Coggin of the 35th, Salome of the 36th, Wesberry of the 37th, and MacIntyre of the 40th:
A bill to amend an act entitled "An Act authorizing the Board of Com missioner of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to county employees --and for other purposes", and the several acts amendatory thereof, so as to provide additional pension benefits to certain former officers and employees; and for other purposes.
SB 77. By Senators Brown of the 34th, Salome of the 36th, Brewer of the 39th, Johnson of the 38th, Wesberry of the 37th, Maclntyre of the 40th, and Coggin of the 35th:
A bill to amend an act establishing a new charter for the City of East Point in Fulton County, Georgia, and the several acts amendatory there of; and for other purposes.
SB 78. By Senators Brown of the 34th, Wesberry of the 37th, Salome of the 36th, Brewer of the 39th, Johnson of the 38th, Maclntyre of the 40th, and Coggin of the 35th:
A bill to amend an act establishing a new charter for the City of East Point, in the county of Fulton, and the several acts amendatory thereof; and for other purposes.

TUESDAY, FEBRUARY 19, 1963

343

SB 79. By Senators Brown of the 34th, Wesberry of the 37th, Salome of the 36th, Brewer of the 39th, Johnson of the 38th, Maclntyre of the 40th, and Coggin of the 35th:
A bill to amend an act establishing a new charter for the City of East Point, in the county of Fulton, and the several acts amendatory thereof; and for other purposes.

SB 80. By Senators Lee of the 47th, Pennington of the 45th, Broun of the 46th, Harrison of the 48th, Jackson of the 16th, and Plunkett of the 30th:
A bill relating to the practice of Optometry, as amended, so as to clarify the authority of the Georgia State Board of Examiners in Optometry; and for other purposes.

SB 81. By Senators Pannell of the 54th, Kendrick of the 32nd, Ellis of the 44th, Gayner of the 5th, Scott of the 23rd, McKinnon of the 7th, and Hall of the 52nd:
A bill relating to the payment of education grants, so as to provide the method by which such grants shall be paid; and for other purposes.

SB 82. By Senator Harrison of the 48th:
A bill to authorize the Commissioner of Agriculture to determine, estab lish and promulgate grades and standards of quality for citrus fruit offered for sale or held for sale in this State; and for other purposes.

HB 59. By Messrs. Mixon of Irwin, Murphy of Haralson, Matthews of Colquitt and Morgan of Gwinnett:
A bill to prohibit the imitation and simulation of legal process; to pro hibit the circulation of any writing which imitates or simulates a form of court or legal process; and for other purposes.

HB 64. By Mr. Wilkes of Cook:
A bill to amend an act relating to the Budget Bureau, relating to the State Budget Officer; and for other purposes.

HB 75. By Messrs. Bell, Hull and Fleming of Richmond and Matthews of Clarke:
A bill to amend an act relating to discovery, depositions, interrogatories, as amended, so as to authorize the clerk to dispose of interrogatories or depositions after the time has expired for filing motions for new trials and for filing bills of exception; and for other purposes.

344

JOURNAL OF THE SENATE,

HB 132. By Messrs. Matthews of Clarke, Killian of Glynn, Melton of Spalding, Mackay and Harris of DeKalb, McClelland of Fulton and Rutland of DeKalb:
A bill to amend an act relating to obscene pictures and abusive and vul gar language, so as to provide that any person who shall sell, exhibit, give away, have possession of, advertise for sale, manufacture, print or circulate obscene publications shall be guilty of a felony; and for other purposes.

HB 101. By Mr. Bowen of Randolph:
A bill to amend, consolidate and supersede the several acts of the Gen eral Assembly pertaining to the City of Cuthbert, in the County of Ran dolph; and for other purposes.

HB 111. By Messrs. Keyton and Russell of Thomas:
A bill to amend the charter of the City of Thomasville, so as to provide for the method of electing members to the Board of Commissioners; and for other purposes.

HB 138. By Mr. Knight of Berrien:
A bill to repeal and supersede an act incorporating the Town of Enigma; and for other purposes.

HB 116. By Messrs. Overby and Williams of Hall:
A bill incorporating the Town of Flowery Branch in Hall County, so as to change the name of the above mentioned municipality from "Town of Flowery Branch" to "City of Flowery Branch"; and for other purposes.

HB 118. By Mr. Causby of Gordon:
A bill to incorporate the City of Calhoun, to organize the municipal gov ernment thereof; and for other purposes.

HB 119. By Messrs. Spikes and Ware of Troup:
A bill to amend an act creating the Civil and Criminal Court of Troup County; and for other purposes.

HB 134. By Mr. Hill of Meriwether:
A bill to amend an act providing and establishing a charter for the City of Woodbury, in the County of Meriwether; and for other purposes.

TUESDAY, FEBRUARY 19,1963

345

HB 137. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A bill to amend an act establishing a new charter for the City of At lanta; to provide that the corporate limits of the City of Atlanta be enlarged and extended so as to include and embrace within the corporate limits of the City of Atlanta certain territory; and for other purposes.

HB 145. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A bill to amend an act creating the Employees Retirement System of Georgia, so as to authorize the employment of agents for advisory and investment purposes; and for other purposes.

HB 146. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A bill to amend an act creating the Peace Officers' Annuity and Benefit Fund, so as to provide for investments; and for other purposes.

HB 147. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A bill to create the "Georgia Real Estate Investment Board"; to provide for the composition, powers, duties and authority of the Board; and for other purposes.

HB 148. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A bill to amend an act providing retirement benefits for the clerks of the Superior Courts of this State, so as to provide for investments; to authorize employment of agents for advisory purposes; and for other purposes.

HB 143. By Messrs. Shea, Funk and Richardson of Chatham:
A bill to amend the several acts relating to and incorporating the mayor and aldermen of the City of Savannah; to extend the corporate limits of Savannah; and for other purposes.

HB 154. By Mr. Coker of Turner:
A bill to create a one member Commissioner of Roads and Revenues for Turner County; and for other purposes.

HB 159. By Mr. Brown of Hart:
A bill to create the office of Tax Commissioner of Hart County, so as to increase the Tax Commissioner's assistant's salary; and for other pur poses.

346

JOURNAL OF THE SENATE,

HB 166. By Mr. Wells of Camden:
A bill to amend an act incorporating the City of Kingsland, so as to provide for an increase in ad valorem property taxes; and for other purposes.

HB 167. By Mr. Wells of Camden:
A bill to authorize and empower the City of St. Mary's, Georgia to bor row the sum of $37,000.00 from the First Federal Savings and Loan Association of Brunswick; to execute a promissory note for $37,000.00 to this association or other associations; and for other purposes.

HB 168. By Mr. Wells of Camden:
A bill to amend an act creating a new city charter and municipal gov ernment for the City of St. Mary's; so as to provide the mayor and council the authority to adopt ordinances; and for other purposes.

HB 149. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A bill to amend an act providing for retirement benefits for the teachers of this state, so as to authorize the employment of agents for advisory and investment purposes; and for other purposes.

HB 150. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A bill to amend an act providing for retirement benefits for the ordi naries of this State, so as to provide for investments; and for other purposes.

HB 151. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon: A bill to amend an act creating the Georgia Firemen's Pension Fund, so as to provide for investments; and for other purposes.
HB 152. By Messrs. Busbee, Lee and Odom of Dougherty: A bill to authorize the Boards of Education of all counties of this State to insure the lives and health of all teachers and other employees of such boards of education, and authorizing such boards to pay the pre miums to maintain such insurance; and for other purposes.
HB 153. By Messrs. Wilson of Cobb, Abney of Walker, Wells of Camden, Bowen of Toombs, Snow of Walker, Nessmith of Bulloch and others: A bill to amend an act relating to voter qualification; and for other purposes.

TUESDAY, FEBRUARY 19,1963

347

HB 160. By Messrs. Brown of Hart, Milford of Franklin, Poss of Madison, Brooks of Oglethorpe and Johnson of Elbert:
A bill to provide a salary for the official court reporter of the Northern Judicial Circuit in lieu of fees for criminal cases; and for other pur poses.

HB 169. By Mr. Sangster of Dooly:
A bill to amend, consolidate, create, revise and supersede the several acts incorporating the Town of Pinehurst in Dooly County; and for other purposes.

HB 183. By Mr. Hill of Meriwether:
A bill to amend an act incorporating the City of Warm Springs, so as to change the amount of ad valorem tax; and for other purposes.

HB 216. By Mr. Hall of Lee:
A bill to amend an act creating the charter of the City of Leesburg as to corporate limits; and for other purposes.

HB 170. By Messrs. Richardson, Shea and Funk of Chatham:
A bill to amend the original act creating the Municipal Court of Savan nah, so as to increase the civil jurisdiction of said court; and for other purposes.

HB 171. By Messrs. Richardson, Shea and Funk of Chatham:
A bill relating to the City Court of Savannah, so as to authorize and empower the judge of the City Court of Savannah to extend the time for hearing and determining motions for a new trial; and for other purposes.

HB 172. By Mr. Parker of Screven:
A bill to create a Screven County Industrial Development Authority; and for other purposes.

HB 179. By Mr. Jones of Liberty:
A bill to amend an act to supplement the fees of the ordinary of Liberty County, so as to change such supplemental compensation; and for other purposes.

HB 180. By Mr. Jones of Liberty: A bill to amend an act creating the Board of Commissioners of Roads and Revenues for Liberty County, so as to change the compensation of the County Commissioner; and for other purposes.

348

JOURNAL OF THE SENATE,

HB 182. By Mr. Roper of Greene:
A bill to amend an act entitled "An act to incorporate the City of Union Point, in the County of Greene", to provide for the election of mayor; and for other purposes.

HB 185. By Messrs. Smith and Mitchell of Whitfield:
A bill to amend the charter of the City of Dalton, establishing the cor porate limits; and for other purposes.

HB 187. By Messrs. Walker and Gibbons of Lowndes:
A bill to fix the compensation of the members of the Board of Educa tion of Lowndes County; and for other purposes.

HB 188. By Messrs. Walker and Gibbons of Lowndes:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Lowndes County; and for other purposes.

HB 189. By Mr. Duncan of Fannin:
A bill to amend an act providing for a supplemental salary for the ordinary of Fannin County, so as to change such supplemental compen sation; and for other purposes.

HB 203. By Mr. Milhollin of Coffee:
A bill to amend an act establishing a new charter for the City of Nicholls, so as to provide for two year terms for the mayor and alderman; and for other purposes.

HB 204. By Mr. Twitty of Mitchell:
A bill to amend an act to create a new charter for the City of Camilla; and for other purposes.

HB 211. By Mr. Wilkes of Cook:
A bill to amend an act creating and establishing a charter for the Town of Lenox, so as to give the town counsel power and authority to lease specific property; and for other purposes.

HB 212. By Mr. Shaw of Long:
A bill to amend an act establishing the Commissioners of Roads and Revenues for Long County, so as to strike out the provision for per diem method of compensation and substitute a salary for the commissioners; and for other purposes.

TUESDAY, FEBRUARY 19, 1963

349

HB 213. By Mr. Shaw of Long:
A bill to amend an act establishing a City Court of Ludowici; and for other purposes.

HB 214. By Mr. Shaw of Long:
A bill to provide that the sheriff and deputy sheriff of Long County shall be placed upon a salary, plus compensation set forth; and for other purposes.

HB 215. By Mr. Logan of Gilmer:
A bill to amend an act creating the office of County Commissioner and an Advisory Board of Gilmer County, so as to provide for an annual audit of the offices of County Commissioner; and for other purposes.

HB 218. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of-the official court reporter; and for other purposes.

HB 219. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Clayton County; and for other purposes.

HB 220. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act consolidating the offices of tax receiver and tax collector of Clayton County into the one office of Tax Commissioner of Clayton County; and for other purposes.

HB 221. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act placing the sheriff and the clerk of the Superior Court of Clayton County on a salary system in lieu of a fee system; and for other purposes.

HB 222. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act creating the Clayton Judicial Circuit, so as to provide personnel, offices, and supplies for the use of the judge and the solicitor-general; and for other purposes.

HB 229. By Messrs. Keyton and Russell of Thomas:
A bill to amend an act creating and establishing a new charter for the City of Boston; and for other purposes.

350

JOURNAL OF THE SENATE,

HB 230. By Messrs. Keyton and Russell of Thomas:
A bill to amend an act creating and establishing a new charter for the City of Boston; and for other purposes.

HB 231. By Mr. Smith of Telfair:
A bill to amend, consolidate, create, revise and supersede the several acts incorporating the City of McRae; and for other purposes.

HB 232. By Mr. Lee of Clinch:
A bill creating the Board of Commissioners of Roads and Revenues for Clinch County, so as to change the compensation of the clerk of the Board of Commissioners of Roads and Revenues for Clinch County; and for other purposes.

HB 234. By Messrs. Griffin and Conger of Decatur:
A bill to amend an act incorporating the City of Bainbridge, so as to raise the age limit for employees eligible to participate in the retire ment system of the City of Bainbridge; and for other purposes.

HR 47. By Messrs. Overby and Williams of Hall: A resolution authorizing and directing the State Librarian to furnish certain lav books to the judge of the Superior Court of Hall County; and for other purposes.
HR 90. By Messrs. Griffin and Conger of Decatur: A resolution authorizing the State Librarian to furnish to the Superior Court of Decatur County certain enumerated volumes of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports; and for other purposes.
The following reports of committees were submitted, and read by the secre tary:
Mr. Miller of the 50th 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 Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:

TUESDAY, FEBRUARY 19, 1963

351

SB 35. Do Pass.

Respectfully submitted, Miller of 50th District, Chairman.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted 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:
SB 40. Do Pass. SB 61. Do Pass. SR 24. Do Pass.
Respectfully submitted, Rowan of 8th District, Secretary.

Mr. Knox of the 24th District, Chairman of the Committee on Highways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 37. Do Pass. Respectfully submitted, Knox of 24th District, Chairman.

The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:

HB 37. By Messrs. Payton of Coweta and Overby of Hall:
A bill to amend an act relating to the definition of certain terms and the exclusion of certain motor vehicles from the provisions of the law relating to motor contract carriers, so as to exempt certain vehicles used exclusively for construction and maintenance of federal facilities; and for other purposes.

352

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 36, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 40. By Senator Conway of the 41st:
A bill to provide for the wearing of badges by poll workers; 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 35. By Senators Brown of the 34th, Johnson of the 42nd, Searcey of the 2nd, Salome of the 36th, Kidd of the 25th, Holloway of the 12th, Gayner of the 5th, McKinnon of the 7th, Rowan of the 8th and Conway of the 41st:
A bill to amend Code chapter 56-18, relating to "Non-profit Medical Service Corporations", of the "Georgia Insurance Code" approved March 8, 1960 (Ga. Laws 1960, p. 289), so as to provide that podiatrists shall have the same rights and privileges as doctors of medicine; and for other purposes.

Senator Miller of the 50th asked unanimous consent that SB 35 be recom mitted to the Committee on Health and Welfare.

The consent was granted.

SB 61. By Senator Salome of the 36th:
A bill to amend Code section 23-1403 of the Code of Georgia, relating to the powers of county police, so as to limit certain powers to the county of appointment or election; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, FEBRUARY 19, 1963

353

On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 54. By Messrs. House of Bibb, Pope of Cherokee, Watson of Pike, Clarke of Monroe and Busbee of Dougherty:
A bill to provide that a prior period of residency in a territory after wards annexed to a municipality shall be deemed residence within the municipality for the purpose of qualifying a person to hold 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 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SR 24. By Senator Pannell of the 54th: A resolution creating the Election Laws Study Committee; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Pelham of the 10th, Chairman of the Committee on Senate Admin istrative 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:

354
SB 3. SB 12. SB 13. SB 14. SB 16. SB 17. SB 26. SB 27. SB 29. SB 30. SB 33. SB 38. SB 45. SB 46. SR 21. SR 22. SR 34. SR 41.

JOURNAL OF THE SENATE,
Respectfully submitted, Pelham of 10th District, Chairman.

The following resolutions were read and adopted:
HR 44. By Mr. Perry of Marion and King of Chattahoochee: A resolution to designate a highway as the Clarke W. Duncan Highway; and for other purposes.
HR 130. By Mr. Houston of Pierce: A resolution commending and paying tribute to the community of Laura Chapel, Pierce County, State of Georgia; and for other purposes.
HR 131. By Messrs. Wilson, Teague and Flournoy of Cobb, Matthews of Clarke: A resolution urging the Board of Regents of the University System of Georgia to construct additional dormitories for Southern Technical In stitute located at Marietta, Georgia; and for other purposes.

TUESDAY, FEBRUARY 19, 1963

355

HR 136. By Messrs. Rowland of Johnson, Chance of Twiggs and Blalock of Coweta:
A resolution expressing regrets at the passing of J. H. Rowland; and for other purposes.

Senator Pannell of the 54th moved that the Senate do now adjourn until 11:00 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 11:00 o'clock tomorrow morning.

356

JOURNAL OP THE SENATE,

Senate Chamber, Atlanta, Georgia,

Wednesday, February 20, 1963.

The Senate met pursuant to adjournment at 11:00 o'clock this morning, and was called to order by the president.

Scripture reading was offered by Reverend Wilburn Smith, retired Baptist minister, of Cairo, Georgia.

Prayer was offered by Reverend C. S. Newton, Jr., pastor, Trinity Methodist Church, Warner Robins, Georgia.

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

Senator Pelham of the 10th reported that the journal of yesterday's proceed ings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Pannell of the 54th 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:

WEDNESDAY, FEBRUARY 20, 1963

357

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House, to-wit:

HB 181. By Mr. Bynum of Rabun:
A bill to amend an act consolidating the offices of Tax Receiver and Tax Collector of Rabun County into the office of Tax Commissioner of Rabun County, so as to provide a clerk for the Tax Commissioner; and for other purposes.

HB 233. By Mr. Reaves of Brooks:
A bill creating a Small Claims Court in certain counties having a popula tion of not less than 15,230 and not more than 15,825; and for other purposes.

HB 239. By Mr. Bowen of Toombs:
A bill to amend an act incorporating the City of Lyons; and for other purposes.

HB 240. By Mr. Bowen of Toombs:
A bill to amend an act incorporating the City of Lyons, so as to change the corporate limits; and for other purposes.

HB 242. By Mr. McCracken of Jefferson:
A bill to amend an act to incorporate the Town of Avera; and for other purposes.

HB 243. By Mr. Deen of Bacon: A bill to create a Board of Commissioners of Roads and Revenues for Bacon County, to provide for dividing said county into commission dis tricts; and for other purposes.
HB 244. By Messrs. Plournoy, Teague and Wilson of Cobb: A bill to create the Cobb County Planning Department; to provide for a planning engineer; and for other purposes.
HB 245. By Messrs. Shea, Funk and Richardson of Chatham: A bill to amend an act to amend the charter of the Mayor and Aldermen of the City of Savannah, so as to provide that the mayor of the City of

358

JOURNAL OF THE SENATE,

Savannah shall be the only ex-officio member of the Armstrong Junior College Commission; and for other purposes.

HB 249. By Mr. Tabb of Miller:
A bill to amend an act incorporating the City of Colquitt; and for other purposes.

HB 250. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act placing the Ordinary of Clayton County on a salary basis in lieu of a fee basis, so as to provide for a change in the compensation of the Ordinary of Clayton County; and for other purposes.

HB 253. By Messrs. Matthews and Bedgood of Clarke:
A bill to amend an act relating to the charter of the Town of Athens, so as to provide that the Mayor or Mayor Pro Tern, and any six Alder men shall constitute a quorum for the transaction of any business before the City Council; and for other purposes.

HB 256. By Messrs. Pickard, Jones and Dicus of Muscogee:
A bill to authorize certain cities to become self insurers, to limit the amounts and coverages of self insurance; and for other purposes.

HB 258. By Messrs. Pickard, Jones and Dicus of Muscogee:
A bill vesting in the City of Columbus fee simple title to a certain tract of land in said City; and for other purposes.

HB 260. By Mr. Perry of Evans:
A bill to amend an act authorizing and directing the proper authorities of the County of Evans having charge of the fiscal affairs of said County to pay the Ordinary of Evans County a monthly allowance in addition to the fees and compensation now allowed; and for other purposes.

HB 263. By Messrs. Payton and Blalock of Coweta:
A bill to amend an act changing the compensation of the Sheriff, the Ordinary and the Clerk of the Superior Court of Coweta County from the fee system to the salary system, so as to change the clerical ex pense authorization for the office of the Ordinary; and for other pur poses.

WEDNESDAY, FEBRUARY 20, 1963

359

HB 264. By Messrs. Payton and Blalock of Coweta:
A bill to amend an act creating a new charter for the City of Newnan, so as to increase the compensation of the Mayor and members of the Board of Aldermen; and for other purposes.

HB 268. By Messrs. Etheridge and McClelland of Fulton:
A bill to regulate the manner in which the Judges of the Superior Court of the Atlanta Judicial Circuit shall dispose of the business of said court, to provide for the selection and removal of a Chief Judge of said Court; and for other purposes.

HB 273. By Mr. Sinclair of Macon:
A bill to amend an act establishing a City Court of Oglethorpe, in the County of Macon, so as to increase the salary of the Judge of the City Court from $2,400.00 per annum to $3,600.00 per annum; and for other purposes.

HB 274. By Messrs. Echols and Caldwell of Upson:
A bill creating a new charter for the City of Thomaston; and for other purposes.

HB 275. By Messrs. Echols and Caldwell of Upson:
A bill to amend an act creating a new charter for the City of Thomaston, so as to change and extend the present corporate limits; and for other purposes.

HB 278. By Messrs. Harris, Mackay and Rutland of DeKalb: A bill to amend an act creating a new charter for the City of Chamblee, so as to authorize the Mayor and Council to increase and change the sanitary taxes now authorized to be levied, and to vary the rate of such taxes from time to time; and for other purposes.
HB 284. By Messrs. Ballard and Morgan of Newton: A bill to place the Sheriff of the Superior Court of Newton County on a salary in lieu of the fee system; and for other purposes.
HB 285. By Messrs. Ballard and Morgan of Newton: A bill to consolidate the offices of tax receiver and tax collector of Newton County into the office of Tax Commissioner of Newton County; and for other purposes.

360

JOURNAL OF THE SENATE,

HB 286. By Messrs. Coker and Pope of Cherokee:
A bill to amend an act establishing a salary system for the Sheriff, the Clerk of the Superior Court, the Tax Commissioner and Ordinary of Cherokee County; and for other purposes.

HB 287. By Mr. Brantley of Candler:
A bill to amend an act to provide for the creation of a Board of Roads and Revenues Commissioners in and for the County of Candler; and for other purposes.

HB 292. By Mr. Tucker of Burke:
A bill to create the Burke County Development Authority; and for other purposes.

HB 293. By Mr. Jones of Worth:
A bill to amend an act to create a new charter for the City of Sylvester, so as to extend the City limits; and for other purposes.

HB 294. By Messrs. Bell, Fleming and Hull of Richmond:
A bill providing for counties having a population between 108,000 and 112,000, a county planning and zoning commission and a county board of zoning appeals; and for other purposes.

HB 295. By Mr. Jones of Worth:
A bill to amend an act to create a new charter for the City of Sylvester, so as to enlarge the city limits; and for other purposes.

HB 303. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations gov erning the payments of pensions to county employees of Fulton County; and for other purposes.

HB 318. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act providing in Fulton County a system of pensions and retirement pay to teachers and employees of the Board of Educa tion, so as to provide additional pension benefits to certain former teachers and employees; and for other purposes.

WEDNESDAY, FEBRUARY 20, 1963

361

HB 319. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act authorizing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to County employees, so as to pro vide additional pension benefits to certain former officers and employees; and for other purposes.

The House has adopted by the requisite constitutional majority the following resolutions of the House, to wit:

HR 85. By Mr. McDonald of White:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of White County by the people; and for other purposes.

HR 111. By Messrs. Lee and Blalock of Clayton:
A resolution proposing an amendment to the Constitution so as to au thorize the licensing and regulation of businesses in the unincorporated areas of Clayton County; and for other purposes.

HR 112. By Messrs. Lee and Blalock of Clayton:
A resolution proposing an amendment to the Constitution so as to au thorize the creation of a Civil Service System for all those persons whose wages or salaries are paid in whole or in part out of the funds of Clayton County; and for other purposes.
HR 113. By Messrs. Lee and Blalock of Clayton:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to empower the governing authority of Clayton County to enact ordinances for governing of said county; and for other purposes.

HR 115. By Mr. Conner of Jeff Davis:
A resolution proposing an amendment to the Constitution for the pur poses of encouraging the industrial growth and expansion of Jeff Davis County, the capital improvements of new industries; and for other pur poses.

HR 118. By Messrs. Flournoy, Teague and Wilson of Cobb:
A resolution proposing an amendment to the Constitution so as to au thorize the creation of a Civil Service System for any or all those per sons, other than elected officials, whose wages or salaries are paid in whole or in part out of the funds of Cobb County; and for other purposes.

362

JOURNAL OP THE SENATE,

HR 102. By Mr. Smith of Telfair:
A resolution proposing an amendment to the Constitution so as to pro vide that Telfair County officers shall be ineligible to hold office under certain conditions; and for other purposes.

HR 42. By Mr. Dean of Polk:
A resolution proposing an amendment to the Constitution so as to create the Rockmart Development Authority; and for other purposes.

HR 58. By Mr. Brown of Hart:
A resolution proposing an amendment to the Constitution so as to create the Hart County Industrial Building Authority; and for other purposes.

HB 142. By Mr. Harrington of Baldwin:
A bill to authorize and empower the Department of Public Health to conduct a survey to determine the standards that shall be required of Day Care Centers operated and maintained to furnish a training program and to care for the mentally retarded; and for other purposes.

HB 279. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act prescribing the procedure for the exercise of the power of eminent domain by the State of Georgia; and for other purposes.

HB 259. By Mr. Ballard of Newton:
A bill to provide that highways on the National System of Interstate and Defense Highways shall be and constitute State-aid roads and highways and highways of the system of highways of the State of Georgia; and for other purposes.

HB 156. By Mr. McGarity of Henry:
A bill to amend an act relating to the payment of wages due deceased employees to certain survivors without the necessity of administration upon their estates, so as to place State employees under the provisions of said section; and for other purposes.

HB 289. By Messrs. Coker and Pope of Cherokee, Johnson of Elbert and Acree of Towns:
A bill to amend an act relating to the creation of the State Board of Medical Examiners, so as to provide for the appointment of a board member from each congressional district; and for other purposes.

WEDNESDAY, FEBRUARY 20, 1963

363

HB 235. By Messrs. House of Bibb, Clarke of Monroe, Bagby of Paulding, Killian of Glynn, and Steis of Harris:
A bill to authorize the presiding Judge in a Court of Record to allow counsel fees in certain cases; and for other purposes.

The House has agreed to the Senate amendment to the following bill of the House:

HB 23. By Mr. Sinclair of Macon:
A bill to change the Charter of the City of Montezuma; and for other purposes.

HB 312. By Messrs. Hull of Richmond, Kelly of Jasper, Richardson of Chatham, and others:
A bill to be known as the "Apartment Ownership Act"; to be applicable only to property owners subscribing the same; to repeal conflicting laws; and for other purposes.

The following resolution was read and adopted:

SR 47. By Senator Kidd of the 25th:
A resolution requesting that the members of the United States Congress from Georgia sponsor and support legislation allowing certain tax ex emptions for persons paying certain educational expenses; and for other purposes.

The following bills and resolutions were introduced, read the first time and referred to committees:

SB 88. By Senators Loggins of the 53rd, Lee of the 47th, Hall of the 52nd, and Pannell of the 54th:
A bill to amend Chapter 68-6 of the Code of Georgia of 1933 by adding a new section to further provide for the regulation of "motor common carriers", so as to empower the Georgia Public Service Commission to grant, without hearings or other proceedings and upon certain terms and conditions, a temporary authority for the provision of service by a motor common carrier for which there is an immediate and urgent need to a point or points or within a territory having no carrier service capable of meeting such needs; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

364

JOURNAL OF THE SENATE,

SB 89. By Senators Loggins of the 53rd, Lee of the 47th, Hall of the 52nd and Pannell of the 54th:
A bill to amend Chapter 68-5 of the Code of Georgia of 1933 by adding a new section to further provide for the regulation of "motor carriers" so as to empower the Georgia Public Service Commission to grant, with out hearings or other proceedings and upon certain terms and conditions, a temporary authority for the provision of service by a motor carrier for which there is an immediate and urgent need to a point or points or within a territory having no carrier service capable of meeting such needs; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

SB 90. By Senators Loggins of the 53rd, Lee of the 47th, Hall of the 52nd, and Pannell of the 54th:
A bill empowering the Georgia Public Service Commission to fix rates, fares and charges for transportation by motor carriers of passengers and property, so as to redefine the power of the Commission to fix rates, fares and charges for transportation by motor carriers of passengers and property and for all services rendered in connection therewith; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

SB 91. By Senators Loggins of the 53rd, Lee of the 47th, Hall of the 52nd, and Pannell of the 54th:
A bill concerning the regulation of "motor common carriers", so as to require non-resident motor common carriers to designate and maintain in this State an agent upon whom may be served all summonses and other lawful processes in any action or proceeding against such motor common carrier operations and to file such designation with the Georgia Public Service Commission; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

SB 92. By Senators Loggins of the 53rd and Lee of the 47th:
A bill providing for the issuance, transfer, revocation, suspension, amend ment and renewal of certificates of Public Convenience and Necessity for motor common carriers so as to re-define the authority of the Georgia Public Service Commission to suspend, revoke, alter, or amend said cer tificates and to provide for a fine not exceeding $5,000 as an alternative to such suspension, revocation, alteration or amendment of such certifi cate; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

SB 93. By Senators Loggins of the 53rd, Lee of the 47th, Hall of the 52nd, and Pannell of the 54th:
A bill concerning the regulation of "motor carriers", so as to require non-resident motor carriers to designate and maintain in this State an

WEDNESDAY, FEBRUARY 20, 1963

365

agent upon whom may be served all summonses and other lawful proc esses in any action or proceeding against such motor carrier growing out of its carrier operations and to file such designation with the Georgia Public Service Commission; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

SB 94. By Senator Salome of the 36th:
A bill to prohibit the soliciting and advertisement for the preparation of federal and state income tax returns; and for other purposes.
Referred to Committee on Rules.

SB 95. By Senators Zorn of the 6th, Loggins of the 53rd, Pannell of the 54th, and Lee of the 47th:
A bill establishing a Merit System of Personnel Administration of State Employees, so as to remove the provisions relating to the State Depart ments contributing to the costs of operating the Merit System; and for other purposes.
Referred to Committee on Rules.
SB 96. By Senator Kidd of the 25th:
A bill to exempt $600 or 75% from taxes for tuition or other educational expenses of persons attending institutions of higher learning, provided such persons are not previously claimed as exemptions; and for other purposes.
Referred to Committee on Educational Matters.

SB 97. By Senators Kidd of the 25th, Byrd of the 17th, and Noble of the 19th:
A bill to provide assistance to the political subdivision of the State of Georgia, by providing a method of financing and re-financing executions which are issued by subdivisions for non-payment of taxes.
Referred to Committee on Judiciary.

HB 142. By Mr. Harrington of Baldwin:
A bill to authorize and empower the Department of Public Health to conduct a survey to determine the standards that should be required of Day Care Centers operated and maintained to furnish a training program and to care for the mentally retarded; and for other purposes.
Referred to Committee on Health and Welfare.

HB 156. By Mr. McGarity of Henry:
A bill to amend an act relative to the payment of wages due deceased employees to certain survivors without the necessity of administration

366

JOURNAL OF THE SENATE,

upon their estates, so as to place State employees under the provisions of said section; and for other purposes.
Referred to Committee on Rules.

HB 181. By Mr. Bynum of Rabun: A bill to amend an act consolidating the offices of Tax Receiver and Tax Collector of Rabun County into the office of Tax Commissioner of Rabun County, so as to provide a clerk for the Tax Commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 233. By Mr. Reeves of Brooks: A bill creating a Small Claims Court in certain counties having a popu lation of not less than 15,230 and not more than 15,825; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 235. By Messrs. House of Bibb, Clarke of Monroe, Bagby of Paulding, Killian of Glynn and Steis of Harris: A bill to authorize the presiding judge in a court of record to allow counsel fees in certain cases; and for other purposes.
Referred to Committee on Judiciary.
HB 239. By Mr. Bowen of Toombs: A bill to amend an act incorporating the City of Lyons; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 240. By Mr. Bowen of Toombs: A bill to amend an act incorporating the City of Lyons, so as to change the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 242. By Mr. McCracken of Jefferson:
A bill to amend an act to incorporate the Town of Avera; and for other purposes.
Referred to Committee on County and Municipal Governments.

WEDNESDAY, FEBRUARY 20, 1963

367

HB 243. By Mr. Deen of Bacon:
A bill to create a Board of Commissioners of Roads and Revenues for Bacon County, to provide for dividing said county into commission dis tricts; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 244. By Messrs. Flournoy, Teague and Wilson of Cobb:
A bill to create the Cobb County Planning Department; to provide for a planning engineer; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 245. By Messrs. Shea, Funk and Richardson of Chatham:
A bill to amend an act to amend the charter of the mayor and aldermen of the City of Savannah, so as to provide that the mayor of the City of Savannah shall be the only ex-officio member of the Armstrong Junior College Commission; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 249. By Mr. Tabb of Miller:
A bill to amend an act incorporating the City of Colquitt; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 250. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act placing the ordinary of Clayton County on a salary basis in lieu of a fee basis, so as to provide for a change in the compensation of the ordinary of Clayton County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 253. By Messrs. Matthews and Bedgood of Clarke: A bill to amend an act relating to the charter of the Town of Athens, so as to provide that the mayor or mayor pro tern, and any six aldermen shall constitute a quorum for the transaction of any business before the City Council; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 256. By Messrs. Pickard, Jones and Dicus of Muscogee: A bill to authorize certain cities to become self insurers; to limit the amounts and coverages of self insurance; and for other purposes.
Referred to Committee on County and Municipal Governments.

368

JOURNAL OF THE SENATE,

HB 258. By Messrs. Pickard, Jones and Dicus of Muscogee:
A bill vesting in the City of Columbus fee simple title to a certain tract of land in said city; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 259. By Mr. Ballard of Newton:
A bill to provide that highways on the National System of Interstate and Defense Highways shall be and constitute State-aid roads and high ways and highways of the system of highways of the State of Georgia; and for other purposes.
Referred to Committee on Highways.

HB 260. By Mr. Perry of Evans:
A bill to amend an act authorizing and directing the proper authorities of the County of Evans having charge of the fiscal affairs of said county to pay the ordinary of Evans County a monthly allowance in addition to the fees and compensation now allowed; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 263. By Messrs. Payton and Blalock of Coweta:
A bill to amend an act changing the compensation of the sheriff, the ordinary and the clerk of the Superior Court of Coweta County from the fee system to the salary system, so as to change the clerical expense authorization for the office of the ordinary; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 264. By Messrs. Payton and Blalock of Coweta:
A bill to amend an act creating a new charter for the City of Newton, so as to increase the compensation of the mayor and members of the Board of Aldermen; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 268. By Messrs. Etheridge and McClelland of Fulton:
A bill to regulate the manner in which the judges of the Superior Court of the Atlanta Judicial Circuit shall dispose of the business of said court, to provide for the selection and removal of a Chief Judge of said court; and for other purposes.
Referred to Committee on Judiciary.

WEDNESDAY, FEBRUARY 20, 1963

369

HB 273. By Mr. Sinclair of Macon:
A bill to amend an act establishing a City Court of Oglethorpe, in the County of Macon, so as to increase the salary of the Judge of the City Court from $2,400.00 per annum to $3,600.00 per annum; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 274. By Messrs. Echols and Caldwell of Upson:
A bill creating a new charter for the City of Thomaston; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 275. By Messrs. Echols and Caldwell of Upson:
A bill to amend an act creating a new charter for the City of Thomaston, so as to change and extend the present corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 278. By Messrs. Harris, Mackay and Rutland of DeKalb:
A bill to amend an act creating a new charter for the City of Chamblee, so as to authorize the mayor and council to increase and change the sanitary taxes now authorized to be levied, and to vary the rate of such taxes from time to time; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 279. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act prescribing the procedure for the exercise of the power of eminent domain by the State of Georgia; and for other purposes.
Referred to Committee on Judiciary.

HB 284. By Messrs. Ballard and Morgan of Newton:
A bill to place the sheriff of the Superior Court of Newton County on a salary in lieu of the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 285. By Messrs. Ballard and Morgan of Newton:
A bill to consolidate the offices of tax receiver and tax collector of New ton County into the office of Tax Commissioner of Newton County; and for other purposes.
Referred to Committee on County and Municipal Governments.

370

JOURNAL OF THE SENATE,

HB 286. By Messrs. Coker and Pope of Cherokee:
A bill to amend an act establishing a salary system for the sheriff, the clerk of the superior court, the tax commissioner and ordinary of Chero kee County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 287. By Mr. Brantley of Candler:
A bill to amend an act to provide for the creation of a Board of Roads and Revenues Commissioners in and for the County of Candler; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 289. By Messrs. Coker and Pope of Cherokee, Johnson of Elbert and Acree of Towns:
A bill to amend an act relating to the creation of the State Board of Medical Examiners, so as to provide for the appointment of a board member from each congressional district; and for other purposes.
Referred to Committee on Health and Welfare.

HB 292. By Mr. Tucker of Burke:
A bill to create the Burke County Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 293. By Mr. Jones of Worth:
A bill to amend an act to create a new charter for the City of Sylvester, so as to extend the city limits; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 294. By Messrs. Bell, Fleming and Hull of Richmond:
A bill providing for counties having a population between 108,000 and 112,000, a county planning and zoning commission and a county board of zoning appeals; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 312. By Messrs. Hull of Richmond, Kelly of Jasper, Richardson of Chatham and others:
A bill to be known as the "Apartment Ownership Act"; to be applicable only to property owners subscribing the same; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

WEDNESDAY, FEBRUARY 20, 1963

371

HB 295. By Mr. Jones of Worth:
A bill to amend an act to create a new charter for the City of Sylvester, so as to enlarge the city limits; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 303. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations gov erning the payments of pensions to county employees of Fulton County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 318. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act providing in Fulton County a system of pensions and retirement pay to teachers and employees of the Board of Education, so as to provide additional pension benefits to certain former teachers and employees; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 319. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act authorizing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations gov erning the payment of pensions to county employees, so as to provide additional pension benefits to certain former officers and employees; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 42. By Mr. Dean of Polk: A resolution proposing an amendment to the Constitution so as to create the Rockmart Development Authority; and for other purposes.
Referred to Committee on Rules.

HR 58. By Mr. Brown of Hart: A resolution proposing an amendment to the Constitution so as to create the Hart County Industrial Building Authority; and for other purposes.
Referred to Committee on Rules.

HR 85. By Mr. McDonald of White:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of White County by the people; and for other purposes.
Referred to Committee on Rules.

372

JOURNAL OF THE SENATE,

HR 102. By Mr. Smith of Telfair:
A resolution proposing an amendment to the Constitution so as to pro vide that Telfair County officers shall be ineligible to hold office under certain conditions; and for other purposes.
Referred to Committee on Rules.

HR 111. By Messrs. Lee and Blalock of Clayton:
A resolution proposing an amendment to the Constitution so as to au thorize the licensing and regulation of businesses in the unincorporated areas of Clayton County; and for other purposes.
Referred to Committee on Rules.

HR 112. By Messrs. Lee and Blalock of Clayton: A resolution proposing an amenddment to the Constitution so as to au thorize the creation of a Civil Service System for all those persons whose wages or salaries are paid in whole or in part out of the funds of Clayton County; and for other purposes.
Referred to Committee on Rules.
HR 113. By Messrs. Lee and Blalock of Clayton: A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to empower the governing authority of Clayton County to enact ordinances for governing of said county; and for other purposes.
Referred to Committee on Rules.
HR 115. By Mr. Conner of Jeff Davis: A resolution proposing an amendment to the Constitution for the pur pose of encouraging the industrial growth and expansion of Jeff Davis County, the capital improvements of new industries; and for other pur poses.
Referred to Committee on Rules.
HR 118. By Messrs. Flournoy, Teague and Wilson of Cobb: A resolution proposing an amendment to the Constitution so as to au thorize the creation of a Civil Service System for any or all those per sons, other than elected officials, whose wages or salaries are paid in whole or in part out of the funds of Cobb County; and for other pur poses.
Referred to Committee on Rules.
The following bills and resolutions were read the second time:

WEDNESDAY, FEBRUARY 20, 1963

373

SB 83. By Senator Pannell of the 54th:
A bill to provide an alternate method for furnishing of Survivors' Bene fits for the eligible members of the Employees' Retirement System of Georgia; and for other purposes.

SB 84. By Senator Pannell of the 54th:
A bill to provide an alternate method for furnishing of Survivors' Bene fits for the eligible members of the Employees' Retirement System of Georgia; and for other purposes.

SB 85. By Senator Heard of the 29th:
A bill to amend the Workmen's Compensation Act of Georgia so as to redefine "injury" to mean injury occurring through external, violent, and accidental means arising out of and in the course of employment; and for other purposes.

SB 86. By Senators Miller of the 50th and Smalley of the 28th:
A bill to amend an act entitled the "Georgia Industrial Loan Act" so as to provide the procedure for relocation of loan officers; and for other purposes.

SB 87. By Senators Salome of the 36th, Brown of the 34th, Johnson of the 38th, and Maclntyre of the 40th:
A bill relating to the compensation of Judges of the Civil Court of Ful ton County; and for other purposes.

SR 46. By Senator Pannell of the 54th: A resolution amending Senate Rule 198; and for other purposes.

HB 40. By Messrs. Bell of Richmond and Mackay of DeKalb:
A bill to amend an act relating to criminal procedure, so as to provide that persons under the age of 16 years shall not be sentenced to death for the commission of a capital crime; and for other purposes.

HB 77. By Mr. Duncan of Carroll:
A bill known as the "Motor Vehicle Certificate of Title Act", so as to provide that no certificate of title shall be required on any vehicle registered in another state; and for other purposes.

374

JOURNAL OP THE SENATE,

HB 88. By Messrs. Pickard of Muscogee, Walker of Lowndes and Brantley of Candler:
A bill to provide certain minimum standards prerequisite to the original incorporation of a municipality; and for other purposes.

HB 173. By Messrs. Williams and Overby of Hall, Bowen of Dawson, Leonard of Murray, Teague of Cobb and Paris of Barrow:
A bill to regulate the purchase of used motor vehicles and parts there from; to define the term "motor vehicles"; and for other purposes.

HB 186. By Messrs. Newton of Colquitt, Smith of Emanuel, Lowrey of Floyd, Mulhollin of Coffee, Nessmith of Bulloch, Perry of Evans and many others:
A bill to amend an act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, so as to exempt seed, fertilizers, etc., when used directly in tilling the soil or animal husbandry; and for other purposes.

HR 18. By Mr. Fowler of Douglas:
A resolution to compensate W. H. Nicholson (Highway Department); and for other purposes.

HR 33. By Messrs. Richardson, Shea and Funk of Chatham:
A resolution authorizing the Georgia Forestry Commission to pay com pensation to Mr. George W. Lott for damages to his trees, vines and azaleas caused by chemicals being sprayed on adjoining lands; and for other purposes.

HR 36. By Mr. Milhollin of Coffee: A resolution to compensate Mrs. John Howard; and for other purposes.

HR 41. By Messrs. Fleming and Hull of Richmond, Woodward of Butts, Brantley of Candler, Roper of Greene, Simpson of Wheeler and others:
A resolution recommending the allocation of funds to the Board of Re gents to be used for the initial planning, staffing, alteration, construc tion, and operation of a Dental College in conjunction with the Medical College of Georgia, located in Augusta; and for other purposes.

HR 52. By Mr. Hill of Meriwether: A resolution to compensate Mr. Homer Smith; and for other purposes.

WEDNESDAY, FEBRUARY 20, 1963

375

HR 53. By Mr. Hill of Meriwether: A resolution to compensate Mrs. L. R. Collins; and for other purposes.

HR 77. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution to repeal a resolution entitled "To recommend that the State discontinue the building of cabins at State Parks"; and for other purposes.

The following committee reports were submitted and read by the secretary:

Mr. Spinks of the 9th District, Secretary of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments has had under con sideration the following bills of the Senate and House and has instructed me, as Secretary, to report the same back to the Senate with the following recommen dations:
SB 77. Do Pass. SB 78. Do Pass. SB 79. Do Pass. HB 111. Do Pass. HB 116. Do Pass. HB 118. Do Pass. HB 119. Do Pass. HB 134. Do Pass. HB 137. Do Pass. HB 154. Do Pass. HB 159. Do Pass. HB 166. Do Pass. HB 203. Do Pass. HB 234. Do Pass. HB 167. Do Pass. HB 168. Do Pass. HB 172. Do Pass.

376

JOURNAL OF THE SENATE,

HB 179. Do Pass. HB 180. Do Pass. HB 182. Do Pass. HB 183. Do Pass. HB 187. Do Pass. HB 188. Do Pass. HB 204. Do Pass. HB 211. Do Pass. HB 212. Do Pass. HB 214. Do Pass. HB 216. Do Pass. HB 218. Do Pass. HB 219. Do Pass. HB 220. Do Pass. HB 221. Do Pass. HB 222. Do Pass. HB 229. Do Pass. HB 230. Do Pass. HB 231. Do Pass. HB 232. Do Pass.

Respectfully submitted, Spinks of 9th District, Secretary.

Mr. Fuqua of the 22nd 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 68. Do Pass. SB 70. Do Pass.

WEDNESDAY, FEBRUARY 20, 1963

377

SB 71. Do Pass. HB 147. Do Pass.

Respectfully submitted, Fuqua of 22nd District, Chairman.

Mr. Kendrick of the 32nd 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 67. Do Pass, as Amended. HB 76. Do Pass. HB 152. Do Pass.
Respectfully submitted, Kendrick of 32nd District, Chairman.

Mr. Smalley of the 28th 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 has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 62. Do Pass. SB 63. Do Pass, as Amended. SB 65. Do Pass, as Amended. SB 86. Do Pass, as Amended.
Respectfully submitted, Smalley of 28th District, Chairman.
Mr. Miller of the 50th District, Chairman of the Committee on Health and Welfare, submitted the following report:

378

JOURNAL OF THE SENATE,

Mr. President:

Your Committee on Health and Welfare 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 80. Do Pass.
Respectfully submitted,
Miller of 50th District,
Chairman.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bill of the Senate and has instructed me, as Secretary, to report the same back to the Senate with the following recommendation:
SB 81. Do Pass. Respectfully submitted, Rowan of 8th District, Secretary.

Mr. Pennington of the 45th District, Chairman of the Committee on Agricul ture and Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources has had under con sideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 82. Do Pass. Respectfully submitted, Pennington of 45th District, Chairman.

The following local, uncontested bills were read the third time, and put upon their passage:

WEDNESDAY, FEBRUARY 20, 1963

379

SB 77. By Senators Brown of the 34th, Salome of the 36th, Brewer of the 39th, Johnson of the 38th, Wesberry of the 37th, Maclntyre of the 40th and Coggin of the 35th:
A bill to amend an act establishing a new charter for the City of East Point in Pulton County, Georgia, approved August 19, 1912 (Ga. Laws 1912, p. 862 et seq.), and the several acts amendatory thereof; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 78. By Senators Brown of the 34th, Wesberry of the 37th, Salome of the 36th, Brewer of the 39th, Johnson of the 38th, Maclntyre of the 40th and Coggin of the 35th:
A bill establishing a new charter for the City of East Point, in the County of Fulton, approved August 19, 1912 (Ga. L. 1912, pp. 862 et seq.) and the several acts amendatory thereof; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 79. By Senators Brown of the 34th, Wesberry of the 37th, Salome of the 36th, Brewer of the 39th, Johnson of the 38th, Maclntyre of the 40th and Coggin of the 35th:
A bill to amend an act establishing a new charter for the City of East Point, in the County of Fulton, approved August 19, 1912 (Ga. L. 1912, pp. 862, et seq.), and the several acts amendatory thereof; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

380

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 36, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 111. By Messrs. Keyton and Russell of Thomas:
A bill to amend the charter of the City of Thomasville, so as to provide for the method of electing members to the Board of Commissioners; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 116. By Messrs. Overby and Williams of Hall: A bill incorporating the Town of Flowery Branch in Hall County, so as to change the name of the above mentioned municipality from "Town of Flowery Branch" to "City of Flowery Branch"; and for other purposes.
The report 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 119. By Messrs. Spikes and Ware of Troup: A bill to amend an act creating the civil and criminal court of Troup County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 20, 1963

381

HB 134. By Mr. Hill of Meriwether:
A bill to amend an act providing and establishing a charter for the City of Woodbury, in the County of Meriwether; and for other purposes.

The report 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 137. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; to provide that the corporate limits of the City of Atlanta be enlarged and extended so as to include and embrace within the corporate limits of the City of Atlanta certain territory; and for other purposes.

The report 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 118. By Mr. Causby of Gordon:
A bill to incorporate the City of Calhoun, to organize the municipal gov ernment 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 36, nays 0.

The bill, having received the requisite constitutional majority, was passed.

382

JOURNAL OF THE SENATE,

HB 154. By Mr. Coker of Turner:
A bill to create a one member Commissioner of Roads and Revenues for Turner County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 159. By Mr. Brown of Hart:
A bill to create the office of Tax Commissioner of Hart County, so as to increase the Tax Commissioner's assistant's salary; and for other pur poses.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 35, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 166. By Mr. Wells of Camden:
A bill to amend an act incorporating the City of Kingsland, so as to pro vide for an increase in ad valorem property taxes; and for other pur poses.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 35, nays 0.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 20, 1963

383

HB 167. By Mr. Wells of Camden:
A bill to authorize and empower the City of St. Mary's, Georgia to bor row the sum of $37,000.00 from the First Federal Savings and Loan Association of Brunswick; to execute a promissory note for $37,000.00 to this association or other associations; and for other purposes.

The report 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 168. By Mr. Wells of Camden: A bill to amend an act creating a new city charter and municipal gov ernment for the City of St. Mary's; so as to provide the mayor and council the authority to adopt ordinances; and for other purposes.

The report 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 172. By Mr. Parker of Screven: A bill to create a Screven County Industrial 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.

384

JOURNAL OF THE SENATE,

HB 179. By Mr. Jones of Liberty:
A bill to amend an act to supplement the fees of the Ordinary of Liberty County, so as to change such supplemental 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 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 180. By Mr. Jones of Liberty: A bill to amend an act creating the Board of Commissioners of Roads and Revenues for Liberty County, so as to change the compensation of the County Commissioners; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 34, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 182. By Mr. Roper of Greene:
A bill to amend an act entitled "An Act to incorporate the City of Union Point, in the County of Greene; to provide for the election of 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 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 20, 1963

385

HB 183. By Mr. Hill of Meriwether:
A bill to amend an act incorporating the City of Warm Springs, so as to change the amount of ad valorem 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 187. By Messrs. Walker and Gibbons of Lowndes:
A bill to fix the compensation of the members of the Board of Education of Lowndes County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 188. By Messrs. Walker and Gibbons of Lowndes: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Lowndes County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 203. By Mr. Milhollin of Coffee: A bill to amend an act establishing a new charter for the City of Nicholls, so as to provide for two year terms for 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.

386

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 204. By Mr. Twitty of Mitchell:
A bill to amend an act to create a new charter for the City of Camilla; and for other purposes.

The report 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 211. By Mr. Wilkes of Cook:
A bill to amend an act creating and establishing a charter for the Town of Lenox, so as to give the Town counsel power and authority to lease specific 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 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 212. By Mr. Shaw of Long:
A bill to amend an act establishing the Commissioners of Roads and Revenues for Long County, so as to strike out the provision for per diem method of compensation and substitute a salary 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 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 20, 1963

387

HB 214. By Mr. Shaw of Long:
A bill to provide that the sheriff and deputy sheriff of Long County shall be placed upon a salary, plus compensation set forth; and for other pur poses.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 216. By Mr. Hall of Lee: A bill to amend an act creating the charter for the City of Leesburg, 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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 218. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporter; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 219. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Clayton County; and for other purposes.

388

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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 220. By Messrs. Lee and Blalock of Clayton: A bill to amend an act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the one office of Tax Commissioner 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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 221. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act placing the sheriff and the clerk of the Superior Court of Clayton County on a salary system in lieu of a 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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 222. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act creating the Clayton Judicial Circuit, so as to provide personnel, offices and supplies for the use of the judge and solicitor-general; and for other purposes.

WEDNESDAY, FEBRUARY 20, 1963

389

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 229. By Messrs. Keyton and Russell of Thomas:
A bill to amend an act creating and establishing a new charter for the City of Boston; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 230. By Messrs. Keyton and Russell of Thomas:
A bill to amend an act creating and establishing a new charter for the City of Boston; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 231. By Mr. Smith of Telfair: A bill to amend, consolidate, create, revise, and supersede the several acts incorporating the City of McRae; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

390

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 232. By Mr. Lee of Clinch:
A bill creating the Board of Commissioners of Roads and Revenues for Clinch County, so as to change the compensation of the clerk of the Board of Commissioners of Roads and Revenues for Clinch County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 234. By Messrs. Griffin and Conger of Decatur:
A bill to amend an act incorporating the City of Bainbridge, so as to raise the age limit for employees eligible to participate in the retirement system of the City of Bainbridge; and for other purposes.

The report 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.

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative 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:

SB 40. SB 61. SR 24.

WEDNESDAY, FEBRUARY 20, 1963

391

Respectfully submitted, Pelham of 10th District, Chairman.

The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:

SB 28. By Senators Coggin of the 35th and Brown of the 34th:
A bill to amend an act regulating the installation of warm air heating equipment, and creating a Board of Examiners of Warm Air Heating Contractors, so as to provide for additional persons who shall be eligible to serve on the Board of Examiners; and for other purposes.

Senator Coggin of the 35th asked unanimous consent that SB 28 be recom mitted to the Committee on Industry and Labor.

The consent was granted.

SB 19. By Senator Byrd of the 17th:
A bill to repeal an act relating to the payment of grants of State and local funds for school children, approved January 31, 1961 (Ga. Laws 1961, p. 35); and for other purposes.

Senator Byrd of the 17th asked unanimous consent that SB 19 be indefinitely postponed.

The consent was granted.

SB 81. By Senators Pannell of the 54th, Kendrick of the 32nd, Ellis of the 44th, Gayner of the 5th, Scott of the 23rd, McKinnon of the 7th, Hall of the 52nd and Jackson of the 16th:
A bill to amend an act relating to the payment of education grants, approved January 31, 1961 (Ga. Laws 1961, p. 35), as amended by an act approved March 3, 1962 (Ga. Laws 1962, p. 552), so as to provide the method by which such grants shall be paid; to provide for approval

392

JOURNAL OP THE SENATE,

of the local Board of Education and the local governing authority; and for other purposes.

Senators Pannell of the 54th and Gillis of the 20th offered the following amendment:

Amend SB 81 by changing the period after the second sentence in Section 5, to a comma, and adding the following: "and may meet on the call of the governing authority at any other time to make such deter mination".
And by changing the period after the fourth sentence in Section 5, to a comma, and adding the following: "and may meet on the call of the governing authority at any other time to make such determination".

Senator Pannell of the 54th asked unanimous consent that the amendment to SB 81 be adopted.

The consent was granted.

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, Senator Gillis of the 20th 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:

Broun of 46th Brown of 34th Byrd
Carlton Carter Coggin Conway Downing Ellis Fuqua Gayner Gillis Gordy
Hall Harrison Heard

Holloway Hunt Jackson
Johnson of 42nd Kendrick Kidd Knox Lee Loggins Maclntyre Miller Moore McKinnon
McWhorter Noble Oliver

Owens Pannell Pelham
Pennington Phillips Plunkett Rowan Salome Scott Smalley Smith Spinks Tribble
Webb Young Zorn

Those voting in the negative were Senators Johnson of the 38th, Wesberry, and Yancey.

WEDNESDAY, FEBRUARY 20, 1963

393

The roll call was verified.

On the passage of the bill, the ayes were 48, nays 3.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 62. By Senators Smalley of the 28th, Pannell of the 54th, Phillips of the 27th, Carlton of the 21st, Webb of the llth, Johnson of the 42nd, Salome of the 36th and Johnson of the 38th:
A bill to authorize the Supreme Court of Georgia to establish, as an administrative arm of the Court, a unified, self-governing bar associa tion to be known as the "State Bar of Georgia" composed of all persons now or hereafter licensed to practice law in this State; to repeal con flicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Downing of the 1st 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:

Broun of 46th Brown of 34th Byrd Carlton Carter Coggin Conway Ellis Pincher
Fuqua Gayner Gillis Hall
Harrison Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kidd Knox Lee Maclntyre Miller McKinnon McWhorter Noble Oliver Owens Pannell

Pennington Phillips Plunkett Rowan Salome Scott Smalley Smith Spinks Webb Wesberry Yancey Young Zorn

Those voting in the negative were Senators:

Downing Gordy Heard

Kendrick Loggins Moore

Pelham Tribble

394

JOURNAL OP THE SENATE,

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

On the passage of the bill, the ayes were 44, nays 8.

The bill, having received the requisite constitutional majority, was passed.

SB 67. By Senator Kendrick of the 32nd:
A bill to amend Code section 32-502, relating to the qualifications of the State Superintendent of Schools, so as to provide for additional qualifi cations; and for other purposes.

The Committee on Educational Matters offered the following amendment:
Amend SB 67 by striking paragraph 32-502 Qualifications--in its entirety and inserting a new paragraph 32-502 Qualifications--in lieu thereof as follows:
"32-502. Qualifications. To render a person eligible to hold the office of State Superintendent of Schools he shall be a man of good moral character, of high educational standing, have had at least three years' practical experience as a teacher, hold a five year degree from an accredited college or university, and be at least 30 years of age."

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 44, nays 0.

The bill, having received the requisite constitutional majority, was passed, as amended.

SB 68. By Senator Gillis of the 20th:
A bill to amend Code chapter 13-9, relating to the incorporation of banks, as amended, so as to require that all the capital stock of every bank applying for a charter be paid in; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 20, 1963

395

SB 70. By Senator Gillis of the 20th:
A bill to amend Code section 13-2024, relating to ownership of real estate by banks, so as to change the percentage that a bank may invest in real and personal 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.

SB 71. By Senator Gillis of the 20th:
A bill to amend Code section 13-904, relating to applications for bank charters, as amended by an act approved February 21, 1955 (Ga. Laws 1955, p. 201), so as to change the fee paid by applicants; and for other purposes.

The report 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 147. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A bill to create the "Georgia Real Estate Investment Board"; to provide for the composition, powers, duties and authority of the Board; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.

396

JOURNAL OF THE SENATE,

HB 76. By Messrs. Parker of Screven, Keyton of Thomas, Lane of Bulloch and others:
A bill to amend an act creating the Minimum Foundation Program of Education in Georgia, so as to change the method of calculating financial ability of local units of administration; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 82. By Senator Harrison of the 48th:
A bill to authorize the Commissioner of Agriculture to determine, estab lish and promulgate grades and standards of quality for citrus fruit offered for sale or held for sale 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 41, nays 1.
The bill, having received the requisite constitutional majority, was passed.
SB 4. By Senator Zorn of the 6th: A bill to amend Chapter 89-5 of the Code of Georgia, relating to vacan cies and resignations of public officers, to provide a procedure for sus pending and removing any officer upon conviction for moral turpitude; and for other purposes.
Senator Zorn of the 6th offered the following substitute:
A BILL
To amend Chapter 89-5 of the Code of Georgia, relating to vacancies and resignations of public officers, so as to provide a procedure for suspending and removing any State or County officer from office upon conviction of a crime involving moral turpitude; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 20, 1963

397

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Chapter 89-5 of the Code of Georgia, relating to vacan cies and resignations of public officers, is hereby amended by adding thereto a new Section to be known as Section 89-505 and to read as follows:

"89-505. Any State or county officer who shall be convicted of a crime involving moral turpitude as herein defined, or who shall enter a plea of guilty or nolo contendere to such an offense, shall be suspended from office instanter, without further action. During any period of suspension, a qualified person shall be appointed to act in such office, said appointment to be made by the Governor of the State of Georgia where State officers are involved, by the Ordinary of the County, where county officers are involved, and by the Judge of Superior Court where the Ordinary is involved. Where any such conviction shall be finally set aside, voided or reversed, by virtue of which such officer is exonerated of the charge or charges against him, he shall be entitled to recover said office and all emoluments which he would otherwise have received during said period of sus pension. Should said conviction be finally sustained, said officer shall be removed from office as provided by law."

"As used herein, the words 'moral turpitude' shall mean any act of baseness, vileness, shameful wickedness, or depravity in the pri vate and social duties which a man owes to his fellow man or to society in general, contrary to the accepted and customary rules of right and duty between man and man. Crimes of moral turpitude shall include, but not be limited to, all felonies, gambling violations, liquor violations, any violation of prostitution laws, any offenses of obtaining money or other goods of value or credit therefor from another by fraud or false pretenses, any offense against public jus tice and official duty, and any other offense against public morality and decency."

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 34, nays 0, and the substi tute 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed, by substitute.

398

JOURNAL OF THE SENATE,

HB 152. By Messrs. Busbee, Lee and Odom of Dougherty:
A bill to authorize the Boards of Education of all counties of this State to insure the lives and health of all teachers and other employees of such boards of education, and authorizing such boards to pay the premiums to maintain such insurance; and for other purposes.

Senator Plunkett of the 30th asked unanimous consent that HB 152 be post poned to February 25th.

The consent was granted.

Senator Pannell of the 54th moved that the Senate do now adjourn until tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.

THURSDAY, FEBRUARY 21, 1963

399

Senate Chamber, Atlanta, Georgia,

Thursday, February 21, 1963.

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 Reverend Jon A. Pirtle, pastor, Peachtree Baptist Church, Atlanta, Georgia.

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

Senator Pelham of the 10th reported that the journal of yesterday's proceed ings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Pannell of the 54th 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:

400

JOURNAL OF THE SENATE,

The House has passed by the requisite constitutional majority the following bills and resolutions of the House, to-wit:

HB 316. By Mr. Conner of Jeff Davis:
A bill to amend an act relating to the salary of the Comptroller General, so as to provide for the compensation of the Comptroller General; and for other purposes.

HB 280. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty, and others:
A bill to amend an act entitled the "Georgia Rural Roads Authority Act", so as to change the membership of said Authority; and for other pur poses.

HB 190. By Mr. Overby of Hall:
A bill to amend an act establishing the State Employees Retirement System, so as to clarify the provisions relating to the accumulation of sufficient creditable service in order to qualify under involuntary sepa ration provisions; and for other purposes.

HB 266. By Messrs. Smith of Grady, Bolton of Spalding, and others:
A bill to amend an act relating to the jurisdiction of the United States over certain lands in this State, so as to provide that the State shall no longer retain its civil and criminal jurisdiction over persons and citizens of any territory used for penal institutions; and for other purposes.

HB 281. By Messrs. Bolton of Spalding, Smith of Grady, Andrews of Stephens, Busbee of Dougherty, and Rutland of DeKalb:
A bill to amend an act creating the offices of State Highway Board, so as to provide that the Director of the Department shall not constitute the Georgia State Highway Authority; and for other purposes.

HR 106. By Mr. Herndon of Appling:
A resolution to relieve Troy Hartley as security on a bond; and for other purposes.

HB 251. By Mr. Vaughn of Rockdale:
A bill to amend an act to revise the adoption laws, so as to provide that the consent of the father who has not been supporting his minor child shall not be necessary to let the child be adopted; and for other purposes.

THURSDAY, FEBRUARY 21, 1963

401

HB 283. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty, Andrews of Stephens, and Rutland of DeKalb:
A bill to amend an act entitled the "Georgia State Highway Authority Act", so as to change the membership of said Authority; and for other purposes.

HB 282. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty, Andrews of Stephens and Rutland of DeKalb:
A bill to amend an act entitled the "State Toll Bridge Authority Act", so as to change the membership of the Authority; and for other purposes.

HB 305. By Messrs. Fleming, Bell and Hull of Richmond:
A bill to amend an act to provide methods of service upon persons where service of notice is required; and for other purposes.

HB 35. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act providing for the coverage of certain officers and employees of political subdivisions of the State under the Old Age and Survivors Insurance and relating to the State Board of Education; and for other purposes.

HB 17. By Messrs. Etheridge, Brooks, and McClelland of Fulton:
A bill to amend an act entitled "An Act to amend the Voters' Registra tion Act", so as to provide that county registrars appointed by county authorities shall retain their civil service status; and for other purposes.

HB 117. By Mr. Groover of Bibb:
A bill to require a majority of the votes cast before any person may be nominated or elected in a primary, special or general election for an elected position of the State of Georgia; and for other purposes.

The House insists on its position on the following bill of the Senate and has appointed a Committee of Conference:

SB 12. By Senators Pannell of the 54th and Jackson of the 16th:
A bill to create the North Georgia Mountains Authority as a body cor porate and politic and an instrumentality and public corporation of the State, to provide for its organization and the appointment of its mem bers; and for other purposes.

402

JOURNAL OP THE SENATE,

The Speaker has appointed as a Committee of Conference on the part of the House the following members:

Messrs. Bynum of Rabun, Bolton of Spalding and Andrews of Stephens.

The House has agreed to the Senate amendment to the following bill of the House:

HB 49. By Mr. Watts of Talbot:
A bill to amend an act establishing a Board of County Commissioners for the County of Talbot, so as to divide Talbot County into 3 election districts; and for other purposes.

The following bills and resolutions were introduced, read the first time and referred to committees:

SB 98. By Senator Fuqua of the 22nd: A bill to amend Code Title 109A, known as the "Uniform Commercial Code", so as to define a public sale; and for other purposes.
Referred to Committee on Banking and Finance.
SB 99. By Senators Johnson of the 42nd, Pannell of the 54th, and Jackson of the 16th: A bill relating to the criminal responsibility of children; to amend cer tain code sections pertaining thereto; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 100. By Senator Gayner of the 5th: A bill to provide for a secretary for the Judge of the Superior Court of the Brunswick Judicial Circuit; and for other purposes.
Referred to Committee on Judiciary.
SB 101. By Senator Wesberry of the 37th: A bill to amend Code Section 34-2301 pertaining to dividing the State into ten (10) Congressional Districts composed of enumerated counties in each District; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.

THURSDAY, FEBRUARY 21, 1963

403

SB 102. By Senator Carlton of the 21st:
A bill to provide that any person may stop and park a school bus on any road to discharge passengers who are teachers, students, or employees of a school.
Referred to Committee on Highways.

SB 103. By Senators Salome of the 36th, Brown of the 34th, Johnson of the 38th, Wesberry of the 37th, and Coggin of the 35th:
A bill relating to the abolition of Justice Courts and establishing certain other courts in the City of Atlanta; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 104. By Senators Brown of the 34th, Coggin of the 35th, Salome of the 36th, Wesberry of the 37th, Johnson of the 38th, and Maclntyre of the 40th:
A bill to amend an act entitled "An Act to establish a method for provid ing fire prevention systems in the unincorporated portion of Fulton County; and for other purposes".
Referred to Committee on County and Municipal Governments.

SB 105. By Senator Byrd of the 17th:
A bill to provide for the consolidation of schools in counties having a population of not less than 8,250 and not more than 8,350 according to the United States census of 1950, or any future; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 106. By Senators Spinks of the 9th and Rowan of the 8th: A bill to provide credit to military personnel for satisfactory architec tural experience gained while in military service.
Referred to Committee on Defense and Veterans Affairs.

SB 107. By Senators Loggins of the 53rd, Pannell of the 54th, and Downing of the 1st:
A bill relating to service by publication in divorce actions, so as to pro vide that the clerk of the court in which such actions are pending may order service by publication; and for other purposes.
Referred to Committee on Judiciary.

SR 48. By Senator Kidd of the 25th: A resolution for compensation of interim committees; and for other pur poses.
Referred to Committee on Rules.

404

JOURNAL OF THE SENATE,

SR 49. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to pro vide that all bills for raising revenue, or appropriating money, may originate in either the Senate or House of Representatives, and either branch may propose or concur in amendments as in other bills; and for other purposes.
Referred to Committee on Rules.

SR 50. By Senator Kendrick of the 32nd:
A resolution proposing an amendment to the Constitution, so as to pro vide for the establishing, acquiring, of a Junior College in Cobb County; and for other purposes.
Referred to Committee on Rules.

HB 17. By Messrs. Etheridge, Brooks and McClelland of Fulton:
A bill to amend an act entitled "An act to amend the Voters' Registra tion Act", so as to provide that county registrars appointed by county authorities shall retain their civil service status"; and for other purposes.
Referred to Committee on Rules.

HB 35. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act providing for the coverage of certain officers and employees of political subdivisions of the State under the Old Age and Survivors Insurance and relating to the State Board of Education; and for other purposes.
Referred to Committee on Educational Matters.

HB 117. By Mr. Groover of Bibb:
A bill to require a majority of the votes cast before any person may be nominated or elected in a primary, special or general election for an elected position of the State of Georgia; and for other purposes.
Referred to Committee on Rules.

HB 190. By Mr. Overby of Hall:
A bill to amend an act establishing the State Employees Retirement System, so as to clarify the provisions relating to the accumulation of sufficient creditable service in order to qualify under involuntary sepa ration provisions; and for other purposes.
Referred to Committee on Rules.

THURSDAY, FEBRUARY 21, 1963

405

HB 251. By Mr. Vaughn of Rockdale:
A bill to amend an act to revise the adoption laws, so as to provide that the consent of the father who has not been supporting his minor child shall not be necessary to let the child be adopted; and for other purposes.
Referred to Committee on Judiciary.

HB 266. By Messrs. Smith of Grady, Bolton of Spalding and others:
A bill to amend an act relating to the jurisdiction of the United States over certain lands in this State, so as to provide that the State shall no longer retain its civil and criminal jurisdiction over persons and Citi zens of any territory used for penal institutions; and for other purposes.
Referred to Committee on Judiciary.

HB 280. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty, and others:
A bill to amend an act entitled the "Georgia Rural Roads Authority Act", so as to change the membership of said Authority; and for other purposes.
Referred to Committee on Highways.

HB 281. By Messrs. Bolton of Spalding, Smith of Grady, Andrews of Stephens, Busbee of Dougherty and Rutland of DeKalb:
A bill to amend an act creating the offices of State Highway Board, so as to provide that the Director of the Department shall not constitute the Georgia State Highway Authority; and for other purposes.
Referred to Committee on Highways.

HB 282. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty, Andrews of Stephens and Rutland of DeKalb:
A bill to amend an act entitled the "State Toll Bridge Authority Act", so as to change the membership of the Authority; and for other purposes.
Referred to Committee on Highways.

HB 283. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty, Andrews of Stephens and Rutland of DeKalb:
A bill to amend an act entitled the "Georgia State Highway Authority Act", so as to change the membership of said Authority; and for other purposes.
Referred to Committee on Highways.

406

JOURNAL OF THE SENATE,

HB 305. By Messrs. Fleming, Bell and Hull of Richmond:
A bill to amend an act to provide methods of service upon persons where service of notice is required; and for other purposes.
Referred to Committee on Judiciary.

HB 316. By Mr. Conner of Jeff Davis:
A bill to amend an act relating to the salary of the Comptroller General, so as to provide for the compensation of the Comptroller General; and for other purposes.
Referred to Committee on Rules.

HR 106. By Mr. Herndon of Appling:
A resolution to relieve Troy Hartley as security on a bond; and for other purposes.
Referred to Committee on Rules.

The following bills and resolutions were read the second time:

SB 88. By Senators Loggins of the 53rd, Lee of the 47th, Hall of the 52nd, and Pannell of the 54th:
A bill to amend Chapter 68-6 of the Code of Georgia of 1933 by adding a new section to further provide for the regulation of "motor common carriers", so as to empower the Georgia Public Service Commission to grant, without hearings or other proceedings and upon certain terms and conditions, a temporary authority for the provision of service by a motor common carrier for which there is an immediate and urgent need to a point or points or within a territory having no carrier service capable of meeting such needs; and for other purposes.

SB 89. By Senators Loggins of the 53rd, Lee of the 47th, Hall of the 52nd, and Pannell of the 54th:
A bill to amend Chapter 68-5 of the Code of Georgia of 1933 by adding a new section to further provide for the regulation of "motor carriers" so as to empower the Georgia Public Service Commission to grant, with out hearings or other proceedings and upon certain terms and conditions, a temporary authority for the provision of service by a motor carrier for which there is an immediate and urgent need to a point or points or within a territory having no carrier service capable of meeting such needs; and for other purposes.

SB 90. By Senators Loggins of the 53rd, Lee of the 47th, Hall of the 52nd, and Pannell of the 54th:
A bill empowering the Georgia Public Service Commission to fix rates, fares and charges for transportation by motor carriers of passengers

THURSDAY, FEBRUARY 21, 1963

407

and property, so as to redefine the power of the Commission to fix rates, fares and charges for transportation by motor carriers of passen gers and property and for all services rendered in connection there with; and for other purposes.

SB 91. By Senators Loggins of the 53rd, Lee of the 47th, Hall of the 52nd, and Pannell of the 54th:
A bill concerning the regulation of "motor common carriers", so as to require non-resident motor common carriers to designate and maintain in this State an agent upon whom may be served all summonses and other lawful processes in any action or proceeding against such motor common carrier operations and to file such designation with the Georgia Public Service Commission; and for other purposes.

SB 92. By Senators Loggins of the 53rd, and Lee of the 47th:
A bill providing for the issuance, transfer, revocation, suspension, amend ment and renewal of certificates of Public Convenience and Necessity for motor common carriers so as to re-define the authority of the Geor gia Public Service Commission to suspend, revoke, alter, or amend said certificates and to provide for a fine not exceeding $5,000 as an alterna tive to such suspension, revocation, alteration or amendment of such certificate; and for other purposes.

SB 93. By Senators Loggins of the 53rd, Lee of the 47th, Hall of the 52nd, and Pannell of the 54th:
A bill concerning the regulation of "motor carriers", so as to require non-resident motor carriers to designate and maintain in this State an agent upon whom may be served all summonses and other lawful proc esses in any action or proceeding against such motor carrier growing out of its carrier operations and to file such designation with the Geor gia Public Service Commission; and for other purposes.
SB 94. By Senator Salome of the 36th:
A bill to prohibit the soliciting and advertisement for the preparation of federal and state income tax returns; and for other purposes.

SB 95. By Senators Zorn of the 6th, Loggins of the 53rd, Pannell of the 54th, and Lee of the 47th:
A bill establishing a Merit System of Personnel Administration of State Employees, so as to remove the provisions relating to the State Depart ments contributing to the costs of operating the Merit System; and for other purposes.

SB 96. By Senator Kidd of the 25th:
A bill to exempt $600 or 75% from taxes for tuition or other educational expenses of persons attending institutions of higher learning, provided

408

JOURNAL OF THE SENATE,

such persons are not previously claimed as exemptions; and for other purposes.

SB 97. By Senators Kidd of the 25th, Byrd of the 17th, and Noble of the 19th:
A bill to provide assistance to the political subdivisions of the State of Georgia, by providing a method of financing and re-financing executions which are issued by subdivisions for non-payment of taxes.

HB 142. By Mr. Harrington of Baldwin:
A bill to authorize and empower the Department of Public Health to conduct a survey to determine the standards that should be required of Day Care Centers operated and maintained to furnish a training pro gram and to care for the mentally retarded; and for other purposes.

HB 156. By Mr. McGarity of Henry:
A bill to amend an act relative to the payment of wages due deceased employees to certain survivors without the necessity of administration upon their estates, so as to place State employees under the provisions of said section; and for other purposes.

HB 181. By Mr. Bynum of Rabun:
A bill to amend an act consolidating the offices of Tax Receiver and Tax Collector of Rabun County into the office of Tax Commissioner of Rabun County, so as to provide a clerk for the Tax Commissioner; and for other purposes.

HB 233. By Mr. Reeves of Brooks:
A bill creating a Small Claims Court in certain counties having a popu lation of not less than 15,230 and not more than 15,825; and for other purposes.

HB 235. By Messrs. House of Bibb, Clarke of Monroe, Bagby of Paulding, Killian of Glynn and Steis of Harris:
A bill to authorize the presiding judge in a court of record to allow counsel fees in certain cases; and for other purposes.

HB 239. By Mr. Bowen of Toombs:
A bill to amend an act incorporating the City of Lyons; and for other purposes.

THURSDAY, FEBRUARY 21, 1963

409

HB 240. By Mr. Bowen of Toombs:
A bill to amend an act incorporating the City of Lyons, so as to change the corporate limits; and for other purposes.

HB 242. By Mr. McCracken of Jefferson:
A bill to amend an act to incorporate the Town of Avera; and for other purposes.

HB 243. By Mr. Deen of Bacon:
A bill to create a Board of Commissioners of Roads and Revenues for Bacon County, to provide for dividing said county into commission dis tricts; and for other purposes.

HB 244. By Messrs. Flournoy, Teague and Wilson of Cobb:
A bill to create the Cobb County Planning Department; to provide for a planning engineer; and for other purposes.

HB 245. By Messrs. Shea, Funk and Richardson of Chatham:
A bill to amend an act to amend the charter of the mayor and aldermen of the City of Savannah, so as to provide that the mayor of the City of Savannah shall be the only ex-officio member of the Armstrong Junior College Commission; and for other purposes.

HB 249. By Mr. Tabb of Miller:
A bill to amend an act incorporating the City of Colquitt; and for other purposes.

HB 250. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act placing the ordinary of Clayton County on a salary basis in lieu of a fee basis, so as to provide for a change in the compensation of the ordinary of Clayton County; and for other purposes.

HB 253. By Messrs. Matthews and Bedgood of Clarke:
A bill to amend an act relating to the charter of the Town of Athens, so as to provide that the mayor or mayor pro tern, and any six alder men shall constitute a quorum for the transaction of any business before the City Council; and for other purposes.

HB 256. By Messrs. Pickard, Jones and Dicus of Muscogee:
A bill to authorize certain cities to become self insurers; to limit the amounts and coverages of self insurance; and for other purposes.

410

JOURNAL OP THE SENATE,

HB 258. By Messrs. Pickard, Jones and Dicus of Muscogee:
A bill vesting in the City of Columbus fee simple title to a certain tract of land in said city; and for other purposes.

HB 259. By Mr. Ballard of Newton:
A bill to provide that highways on the National System of Interstate and Defense Highways shall be and constitute State-aid roads and high ways and highways of the system of highways of the State of Georgia; and for other purposes.

HB 260. By Mr. Perry of Evans:
A bill to amend an act authorizing and directing the proper authorities of the County of Evans having charge of the fiscal affairs of said county to pay the ordinary of Evans County a monthly allowance in addition to the fees and compensation now allowed; and for other purposes.

HB 263. By Messrs. Payton and Blalock of Coweta:
A bill to amend an act changing the compensation of the sheriff, the ordinary and the clerk of the Superior Court of Coweta County from the fee system to the salary system, so as to change the clerical expense authorization for the office of the ordinary; and for other purposes.

HB 264. By Messrs. Payton and Blalock of Coweta:
A bill to amend an act creating a new charter for the City of Newton, so as to increase the compensation of the mayor and members of the Board of Aldermen; and for other purposes.

HB 268. By Messrs. Etheridge and McClelland of Fulton:
A bill to regulate the manner in which the judges of the Superior Court of the Atlanta Judicial Circuit shall dispose of the business of said court, to provide for the selection and removal of a Chief Judge of said court; and for other purposes.

HB 273. By Mr. Sinclair of Macon:
A bill to amend an act establishing a City Court of Oglethorpe, in the County of Macon, so as to increase the salary of the Judge of the City Court from $2,400.00 per annum to $3,600.00 per annum; and for other purposes.

HB 274. By Messrs. Echols and Caldwell of Upson:
A bill creating a new charter for the City of Thomaston; and for other purposes.

THURSDAY, FEBRUARY 21, 1963

411

HB 275. By Messrs. Echols and Caldwell of Upson:
A bill to amend an act creating a new charter for the City of Thomaston, so as to change and extend the present corporate limits; and for other purposes.

HB 278. By Messrs. Harris, Mackay and Rutland of DeKalb:
A bill to amend an act creating a new charter for the City of Chamblee, so as to authorize the mayor and council to increase and change the sanitary taxes now authorized to be levied, and to vary the rate of such taxes from time to time; and for other purposes.

HB 279. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act prescribing the procedure for the exercise of the power of eminent domain by the State of Georgia; and for other pur poses.

HB 284. By Messrs. Ballard and Morgan of Newton:
A bill to place the sheriff of the Superior Court of Newton County on a salary in lieu of the fee system; and for other purposes.

HB 285. By Messrs. Ballard and Morgan of Newton:
A bill to consolidate the offices of tax receiver and tax collector of New ton County into the office of Tax Commissioner of Newton County; and for other purposes.

HB 286. By Messrs. Coker and Pope of Cherokee:
A bill to amend an act establishing a salary system for the sheriff, the clerk of the superior court, the tax commissioner and ordinary of Chero kee County; and for other purposes.

HB 287. By Mr. Brantley of Candler:
A bill to amend an act to provide for the creation of a Board of Roads and Revenues Commissioners in and for the County of Candler; and for other purposes.

HB 289. By Messrs. Coker and Pope of Cherokee, Johnson of Elbert and Acree of Towns:
A bill to amend an act relating to the creation of the State Board of Medical Examiners, so as to provide for the appointment of a board member from each congressional district; and for other purposes.

412

JOURNAL OF THE SENATE,

HB 292. By Mr. Tucker of Burke:
A bill to create the Burke County Development Authority; and for other purposes.

HB 293. By Mr. Jones of Worth:
A bill to amend an act to create a new charter for the City of Sylvester, so as to extend the city limits; and for other purposes.

HB 294. By Messrs. Bell, Fleming and Hull of Richmond: A bill providing for counties having a population between 108,000 and 112,000, a county planning and zoning commission and a county board of zoning appeals; and for other purposes.
HB 312. By Messrs. Hull of Richmond, Kelly of Jasper, Richardson of Chatham and others: A bill to be known as the "Apartment Ownership Act"; to be applicable only to property owners subscribing the same; to repeal conflicting laws; and for other purposes.
HB 295. By Mr. Jones of Worth: A bill to amend an act to create a new charter for the City of Sylvester, so as to enlarge the city limits; and for other purposes.
HB 303. By Messrs. McClelland and Etheridge of Fulton: A bill to amend an act authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations gov erning the payments of pensions to county employees of Fulton County; and for other purposes.
HB 318. By Messrs. McClelland and Etheridge of Fulton: A bill to amend an act providing in Fulton County a system of pensions and retirement pay to teachers and employees of the Board of Educa tion, so as to provide additional pension benefits to certain former teach ers and employees; and for other purposes.
HB 319. By Messrs. McClelland and Etheridge of Fulton: A bill to amend an act authorizing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations gov erning the payment of pensions to county employees, so as to provide additional pension benefits to certain former officers and employees; and for other purposes.

THUESDAY, FEBRUARY 21, 1963

413

HR 42. By Mr. Dean of Polk:
A resolution proposing an amendment to the Constitution so as to create the Rockmart Development Authority; and for other purposes.

HR 58. By Mr. Brown of Hart:
A resolution proposing an amendment to the Constitution so as to create the Hart County Industrial Building Authority; and for other purposes.

HR 85. By Mr. McDonald of White:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of White County by the people; and for other purposes.

HR 102. By Mr. Smith of Telfair:
A resolution proposing an amendment to the Constitution so as to pro vide that Telfair County officers shall be ineligible to hold office under certain conditions; and for other purposes.

HR 111. By Messrs. Lee and Blalock of Clayton:
A resolution proposing an amendment to the Constitution so as to au thorize the licensing and regulation of businesses in the unincorporated areas of Clayton County; and for other purposes.

HR 112. By Messrs. Lee and Blalock of Clayton:
A resolution proposing an amendment to the Constitution so as to au thorize the creation of a Civil Service System for all those persons whose wages or salaries are paid in whole or in part out of the funds of Clayton County; and for other purposes.
HR 113. By Messrs. Lee and Blalock of Clayton:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to empower the governing authority of Clayton County to enact ordinances for governing of said county; and for other purposes.
HR 115. By Mr. Conner of Jeff Davis:
A resolution proposing an amendment to the Constitution for the purpose of encouraging the industrial growth and expansion of Jeff Davis County, the capital improvements of new industries; and for other pur poses.

414

JOURNAL OF THE SENATE,

HE 118. By Messrs. Flournoy, Teague and Wilson of Cobb:
A resolution proposing an amendment to the Constitution so as to au thorize the creation of a Civil Service System for any or all those per sons, other than elected officials, whose wages or salaries are paid in whole or in part out of the funds of Cobb County; and for other purposes.

The following reports of committees were submitted, and read by the secre tary:

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted 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 77, Do Pass. HB 186. Do Pass. SR 46. Do Pass.
Respectfully submitted, Rowan of 8th District, Secretary.

Mr. Gillis of the 20th 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 64. Do Pass. HR 33. Do Pass. HR 18. Do Pass. HR 36. Do Pass. HR 52. Do Pass. HR 53. Do Pass.
Respectfully submitted, Gillis of 20th District, Chairman.

THURSDAY, FEBRUARY 21, 1963

415

Mr. Kidd of the 25th District, Vice-Chairman of the Committee on Public Utilities and Transportation, submitted the following report:

Mr. President:
Your Committee on Public Utilities and Transportatioon has had under con sideration the following bills of the Senate and House and has instructed me, as Vice-Chairman, to report the same back to the Senate with the following recom mendations:
HB 77. Do Pass. SB 39. Do Pass. SB 41. Do Pass, by Substitute.
SB 53. Do Pass. SB 54. Do Pass.
Respectfully submitted, Kidd of 25th District, Vice-Chairman.

Mr. Fuqua of the 22nd 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 69. Do Pass, by Substitute. Respectfully submitted, Fuqua of 22nd District, Chairman.

Mr. Miller of the 50th 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 Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 35. Do Not Pass. Respectfully submitted, Miller of 50th District, Chairman.

416

JOURNAL OF THE SENATE,

The following bill of the House was taken up for the purpose of considering the request of the House that a Committee of Conference be appointed:

SB 12. By Senators Pannell of the 54th and Jackson of the 16th:
A bill to create the North Georgia Mountains Authority as a body cor porate and politic and an instrumentality and public corporation of the State, to provide for its organization and the appointment of its mem bers; and for other purposes.

Senator Pannell of the 54th asked unanimous consent that a Committee of Conference be appointed.

The consent was granted.

The president appointed as a Committee of Conference on the part of the Senate the following:
Senators Pannell of the 54th, Miller of the 50th and Owens of the 49th.

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative 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:
SB 4. SB 62. SB 68. SB 70. SB 71. SB 77. SB 78. SB 79. SB 81.

SB 82. SR 47.

THURSDAY, FEBRUARY 21, 1963

417

Respectfully submitted, Pelham of 10th District, Chairman.

The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:

SB 80. By Senators Lee of the 47th, Broun of the 46th, Harrison of the 48th, Jackson of the 16th and Plunkett of the 30th:
A bill to amend Code chapter 84-11 relating to the practice of Optometry, as amended, so as to clarify the authority of the Georgia State Board of Examiners in Optometry; and for other purposes.

The report 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 2.
The bill, having received the requisite constitutional majority, was passed.
SB 39. By Senators Miller of the 50th, Kendrick of the 32nd, Searcey of the 24th and Brown of the 34th: A bill to provide that it shall be unlawful to sell certain automobiles after January 1, 1964, unless they shall be equipped with safety belts; and for other purposes.
The report 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 6.
The bill, having received the requisite constitutional majority, was passed.
HB 64. By Mr. Wilkes of Cook: A bill to amend an act relating to the Budget Bureau, relating to theState Budget Officer; and for other purposes.

418

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 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 69. By Senator Gillis of the 20th: A bill to amend Code section 13-308, relating to the Superintendent of Banks' office and residence, so as to provide that the Superintendent's office shall not be open on Saturdays; and for other purposes.
The Committee on Banking and Finance offered the following substitute:
A BILL TO BE ENTITLED
An Act to amend Code Section 13-308, relating to the Superintendent of Banks' office and residence, so as to provide that the Superintendent's office shall not be required to be open on Saturdays; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 13-308, relating to the Superintendent of Banks' office and residence, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Sec tion to read as follows:
"13-308. Superintendent's Office.--The Superintendent of Banks shall be provided with suitable offices and equipment at the State Capitol, the expense of which shall be paid by the State in the same manner as the expenses of other offices at the Capitol are paid. He shall keep his office open daily, except Saturdays, Sundays, and holidays."
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 31, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

THURSDAY, FEBRUARY 21, 1963

419

On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed, by substitute.

SB 41. By Senators Conway of the 41st, Zorn of the 6th, Kendrick of the 32nd, Pennington of the 45th, Holloway of the 12th, Jackson of the 16th and Fuqua of the 22nd:
A bill to amend an act entitled "Uniform Airports Act", approved March 23, 1933 (Ga. Laws 1933, p. 102), as amended, so as to prohibit the charg ing of landing fees; and for other purposes.

The Committee on Public Utilities and Transportation offered the following substitute:
A BILL TO BE ENTITLED
An Act to amend an Act entitled "Uniform Airports Act", approved March 23, 1933 (Ga. Laws 1933, p. 102), as amended, so as to prohibit the charging of landing fees on certain airports; to prohibit the charging of a parking fee for a period of less than six (6) hours; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act entitled "Uniform Airports Act", approved March 23, 1933 (Ga. Laws 1933, p. 102), as amended, is hereby amended by inserting after Section 5 (b) a proviso which reads as follows:
"Provided local authorities of a public airport and private own ers of an airport will not impose a landing fee on any private, gen eral, or not-for-hire aircraft landing at such airport, and a parking fee for such aircraft will not be charged for a period of less than six (6) hours."
so that when so amended Section 5 (b) shall read as follows:
"(b) Subject to existing contracts, to adopt regulations and establish charges, fees, and tolls for the use of such airports or landing-fields, fix penalties for the violation of said regulations, and establish liens to enforce payment of said charges, fees, and tolls. Provided local authorities of a public airport and private owners of an airport will not impose a landing fee on any private, general, or not-for-hire aircraft landing at such airport, and a parking fee for such aircraft will not be charged for a period of less than six (6) hours."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

420

JOURNAL OF THE SENATE,

Senator Fuqua of the 22nd offered the following amendment to the substitute to SB 41:

Amend SB 41 by omitting the period at the end of the last sentence of section I and substitute therefor a semicolon and add the following:
"Provided, however, that this provision shall not apply to air craft having a gross weight exceeding twelve thousand five hundred (12,500) pounds."

On the adoption of the amendment to the substitute, the ayes were 37, nays 0, and the amendment was adopted.
On the adoption of the substitute, the ayes were 27, nays 13, and the substi tute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, the ayes were 31, nays 13.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
SB 63. By Senators Miller of the 50th and Smalley of the 28th: A bill to provide for penalty for the willful burning of any real or per sonal property; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend SB 63 by inserting in the title between the words "laws" and "to" the following:
"to specifically repeal Code section 26-2213;"
By striking the word "or" where it appears between the words "character" and "any" in section 1 and inserting in lieu thereof the word "including".
By inserting following section 2 a new section to be numbered section 3 and to read as follows:
"Section 3. Code section 26-2213, relating to the punishment for the offense of burning property to defraud an insurer, is hereby repealed in its entirety."

THURSDAY, FEBRUARY 21, 1963

421

By renumbering section 3 as section 4.

On the adoption of the amendment, the ayes were 27, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 86. By Senators Miller of the 50th and Smalley of the 28th:
A bill to amend an act entitled the ''Georgia Industrial Loan Act", ap proved March 4, 1955 (Ga. Laws 1955, p. 431), as amended, so as to provide the procedure for relocation of loan officers; and for other pur poses.

The Committee on Judiciary offered the following amendment:
Amend SB 86 by inserting- in the title between the word "as" and the word "to" the following:
"to grant power to make rules and regulations and to employ agents and employees."

On the adoption of the amendment, the ayes were 35, 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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

422

JOURNAL OF THE SENATE,

SR 46. By Senator Pannell of the 54th: A resolution amending Senate Rule 198; and for other purposes.

The report of the committee, which was favorable to the adoption of the reso lution, 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 42. By Senator Phillips of the 27th:
A hill to amend Code section 56-1206, relating to penalties against in surers for refusing to pay claims in bad faith, as amended, so as to provide that such insurer shall be subject to certain penalties; and for other purposes.

Senator Phillips of the 27th offered the following substitute:
AN ACT
To amend Code Section 56-1206, relating to penalties against insur ers for refusing to pay claims in bad faith, as amended by an Act ap proved March 7, 1962 (Ga. Laws 1962, p. 712), so as to provide that the refusal by an insurer in bad faith to pay an insured or beneficiary under an insurance policy shall subject the insurer to certain penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Code Section 56-1206, relating to penalties against in surers for refusing to pay claims in bad faith, as amended by an Act approved March 7, 1962 (Ga. Laws 1962, p. 712), is hereby amended by adding in the first sentence between the words "policy" and "and" the following: ", or by an insured thereunder, or by any beneficiary of a life insurance policy" and between the words "holder" and "in" the fol lowing: "insured or beneficiary,", so that when so amended said Code Section shall read as follows:
"56-1206. Liability of insurer for damages and attorney's fees. --In the event of a loss which is covered by a policy of insurance and the refusal of the insurer to pay the same within 60 days after a demand has been made by the holder of the policy, or by an in sured thereunder, or by any beneficiary of a life insurance policy and a finding has been made that such refusal was in bad faith, the

THURSDAY, FEBRUARY 21,1963

423

insurer shall be liable to pay such holder, insured or beneficiary, in addition to the loss, not more than 25 per cent, of the liability of the insurer for the loss and all reasonable attorney's fees for the prosecution of the case against the insurer. The amount of such reasonable attorney's fees shall be determined by the trial jury and shall be included in any judgment which is rendered in such action: Provided, however, such attorney's fees shall be fixed on the basis of competent expert evidence as to the reasonable value of such services, based on the time spent and legal and factual issues in volved, in accordance with prevailing fees in the locality where such suit is pending: Provided, further, that the trial court shall have the discretion, if it finds such jury verdict fixing attorney's fees to
be greatly excessive or inadequate, to review and amend such por tion of the verdict fixing attorney's fees without the necessity of disapproving the entire verdict. The limitations contained in this section in reference to the amount of attorney's fees are not con trolling as to the fees which may be agreed upon by the plaintiff and his attorney for the services of such attorney in the action
against the insurer."

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, was agreed to, by substitute.

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 77. By Mr. Duncan of Carroll:
A bill known as the "Motor Vehicle Certificate of Title Act", so as to provide that no certificate of title shall be required on any vehicle reg istered in another state; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 37, nays 0.

424

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

HR 18. By Mr. Fowler of Douglas:
A resolution to compensate W. H. Nicholson (Highway Department); 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:

Brewer Broun of 46th Carlton Carter Coggin Conway Downing Fincher
Fuqua Gayner Gillis Gordy Hall Harrison

Heard Holloway Hunt Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Maclntyre
Moore Noble Oliver Pannell Pelham

Pennington Phillips Plunkett Salome
Scott Smalley Smith Spinks Tribble
Webb Wesberry Yancey Zorn

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 ma jority, was adopted.

HR 33. By Messrs. Richardson, Shea and Funk of Chatham:
A resolution authorizing the Georgia Forestry Commission to pay com pensation to Mr. George W. Lott for damages to his trees, vines, and azaleas caused by chemicals being sprayed on adjoining lands; and for other purposes.

THURSDAY, FEBRUARY 21, 1963

425

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:

Brewer Broun of 46th Carlton Carter Coggin Conway Downing Fincher Fuqua Gayner Gillis Gordy Hall Harrison

Heard Holloway Hunt Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Maclntyre Moore Noble Oliver Pannell Pelham

Pennington Phillips Plunkett Salome Scott Smalley Smith Spinks Tribble Webb Wesberry Yancey Zorn

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 ma jority, was adopted.

HR 36. By Mr. Milhollin of Coffee: A resolution to compensate Mrs. John Howard; 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:

426

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Brewer Broun of 46th Carlton Carter
Coggin Conway Downing Fincher Fuqua Gayner Gillis Gordy Hall Harrison

Heard Holloway Hunt Johnson of 42nd
Johnson of 38th Kendrick Kidd Lee Maclntyre Moore Noble Oliver Pannell Pelham

Pennington Phillips Plunkett Salome
Scott Smalley Smith Spinks Tribble Webb Wesberry Yancey Zorn

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 ma jority, was adopted.

HR 52. By Mr. Hill of Meriwether: A resolution to compensate Mr. Homer Smith; 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:

Brewer
Broun of 46th Carlton Carter Coggin Conway Downing Fincher Fuqua
Gayner Gillis Gordy Hall Harrison

Heard
Holloway Hunt Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Maclntyre
Moore Noble Oliver Pannell Pelham

Pennington
Phillips Plunkett Salome Scott Smalley Smith Spinks Tribble
Webb Wesberry Yancey Zorn

THURSDAY, FEBRUARY 21, 1963

427

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 ma jority, was adopted.

HR 53. By Mr. Hill of Meriwether: A resolution to compensate Mrs. L. R. Collins; 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:

Brewer Broun of 46th Carlton Carter Coggin Conway Downing Fincher Fuqua
Gayner Gillis Gordy Hall Harrison

Heard Holloway Hunt Johnson of 42nd Johnson of 38th Kendrick
Kidd Lee Maclntyre Moore Noble Oliver Pannell Pelham

Pennington Phillips Plunkett Salome Scott Smalley
Smith Spinks Tribble Webb Wesberry Yancey Zorn

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 ma jority, was adopted.

Senator Pannell of the 54th moved that the Senate do now adjourn until 11:00 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 11:00 o'clock tomorrow morning.

428

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,

Monday, February 25, 1963.

The Senate met pursuant to adjournment at 11:00 o'clock this morning, and was called to order by the president.

Scripture reading was offered by Reverend Felix Turner, pastor, First Bap tist Church, Swainsboro, Georgia.

Prayer was offered by Reverend Milton Dwelle, pastor, First Baptist Church, Douglasville, Georgia.

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

Brewer Broun of 46th Brown of 34th Byrd Carlton Carter Coggin Conway Downing Ellis Fincher
Fuqua Gayner Gillis Gordy Harrison
Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Knox Lee Loggins Maclntyre
Miller Moore McKinnon McWhorter Noble Oliver Owens Pannell

Pelham Pennington Phillips Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Tribble
Webb Wesberry Yancey Young Zorn

Senator Pelham of the 10th reported that the journal of Thursday's proceed ings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Pannell of the 54th 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.

MONDAY, FEBRUARY 25, 1963

429

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 110. By Messrs. Towson and Knight of Laurens:
A bill to create the City of Dublin and County of Laurens Development Authority; and for other purposes.

HB 196. By Messrs. Etheridge and McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of At lanta, so as to enlarge the corporate limits; and for other purposes.

HB 198. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act establishing a new charter for the City of At lanta relating to the corporate limits; and for other purposes.

HB 236. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees of such cities, so as to provide that any officer, employee, or beneficiary in case of death, shall be refunded all contributions made by him on monthly earnings in excess of monthly earnings necessary to arrive at the maxi mum pension allowable; and for other purposes.

HB 237. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, relating to annual reports; and for other purposes.

430

JOURNAL OP THE SENATE,

HB 336. By Mr. Fowler of Douglas:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Douglas County, so as to provide that the Board of Com missioners shall have the power to furnish the Sheriff a cash allowance; and for other purposes.

HB 337. By Mr. Fowler of Douglas:
A bill to amend an act creating a new charter for the City of Douglasville; and for other purposes.

HB 338. By Mr. Fowler of Douglas:
A bill to create the Douglas County Study Commission for the purpose of making a thorough examination of all the needs and problems of Douglas County and to make specific recommendations as to the most expedient method to improve Douglas County in the future; and for other purposes.

HB 339. By Messrs. Laite, Groover and House of Bibb:
A bill to amend an act to re-enact the Charter of the City of Macon so as to describe new territory to become a part of the City of Macon; and for other purposes.

HB 341. By Messrs. Lowrey and Jordan of Floyd:
A bill to amend an act changing the compensation of Floyd County offi cers from a fee system to a salary system, and relating to uniforms for the Sheriff and his Deputies; and for other purposes.

HB 342. By Messrs. Lowrey and Jordan of Floyd: A bill to amend an act changing the compensation of Floyd County offi cers from a fee to a salary system, so as to authorize an additional deputy sheriff for $385.00 per month; and for other purposes.
HB 343. By Messrs. Spikes and Ware of Troup: A bill to amend an act creating the Civil and Criminal Court of Troup County, so as to provide that the Judge may require sureties on personal appearance bonds; and for other purposes.
HB 350. By Mr. Johnson of Warren: A bill to place the clerk of the Superior Court of Warren County on a salary in lieu of a fee system; and for other purposes.

MONDAY, FEBRUARY 25, 1963

431

HB 351. By Mr. Johnson of Warren:
A bill to amend an act providing for the compensation of the Ordinary of Warren County, so as to place the compensation of the Ordinary of Warren County on a salary basis in lieu of a fee basis; and for other purposes.

HB 353. By Messrs. Spikes and Ware of Troup:
A bill to amend an act to create a new charter for the City of West Point, so as to provide for a Board of City Registrars; and for other purposes.

HB 357. By Mr. Sangster of Dooly:
A bill to amend an act creating a new charter for the City of Vienna, so as to empower its governing authorities to prescribe by ordinance the assessment of ad valorem tax on all classes of property; and for other purposes.

HB 361. By Messrs. Tucker and Clark of Catoosa:
A bill to repeal certain laws relating to duties of Clerks of Superior Courts and compensation paid for such duties; and for other purposes.

HB 362. By Messrs. Tucker and Clark of Catoosa:
A bill to repeal an act providing for a clerical assistant to the Sheriff of Catoosa County; and for other purposes.

HB 363. By Messrs. Ponsell and Dixon of Ware:
A bill to create a Board of Commissioners of Roads and Revenues in the County of Ware; and for other purposes.

HB 136. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A bill to amend an act providing for pensions for members of the Police Departments in cities having a population of 150,000 or more; and for other purposes.

HB 262. By Messrs. Payton of Coweta and Blalock of Coweta:
A bill to amend an act changing the compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system to the salary system; and for other purposes.

432

JOURNAL OF THE SENATE,

HB 328. By Messrs. Gibbons and Walker of Lowndes:
A bill to provide a method for the registration of voters and for their examination in certain counties; and for other purposes.

HB 329. By Messrs. Pope and Coker of Cherokee:
A bill to amend an act creating the office of commissioner of roads and revenues for the County of Cherokee, so as to change the compensation of the clerk; and for other purposes.

HB 334. By Mr. Mullis of Bleckley:
A bill to amend an act relating to the salaries of county officers of Bleckley County, so as to change the compensation of the Ordinary of Bleckley County; and for other purposes.

HB 335. By Mr. Mullis of Bleckley:
A bill to amend an act creating the office of Commissioner of Roads and Revenues for the County of Bleckley, so as to change the compensation of the Commissioner of Roads and Revenues in and for the County of Bleckley; and for other purposes.

HR 108. By Mr. Ballard of Newton: A resolution authorizing the transfer of certain real property located in DeKalb County; and for other purposes.
HR 132. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, and others:
A resolution to ratify the Executive Order of the Governor, suspending the collection of any income tax attributable to the disallowance of the use of any of the methods of depreciation authorized in Sec. 179 of the Federal Internal Revenue Code of 1954 on returns until next meeting of the General Assembly; and for other purposes.
HR 133. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, and others:
A resolution to retify the Executive Order of the Governor suspending collection of income tax attributable to the inclusion of amounts received as subsistence allowances; and for other purposes.
HB 208. By Messrs. Shea, Funk and Richardson of Chatham:
A bill to amend an act relating to the procedure for cancellation of mortgages, so as to provide an additional method of cancellation; and for other purposes.

MONDAY, FEBRUARY 25, 1963

433

HB 246. By Messrs. Richardson of Chatham, Flournoy of Cobb and others:
A bill to amend an act effecting a complete revision of the laws of this State relating to the qualification and registration of voters, so as to provide for registration at places other than the office of the registrars; and for other purposes.

HB 306. By Messrs. Fleming, and Bell of Richmond:
A bill to amend an act relating to the subject of divorce, to clarify same in regard to insane persons; and for other purposes.

HB 112. By Mr. Dean of Polk:
A bill to authorize excused absences from the public schools for those children serving as pages for the General Assembly of Georgia during the school year; and for other purposes.

HB 254. By Mr. Melton of Spalding:
A bill to amend an act relating to compensation of members of county boards of education, so as to authorize payment of per diem and reim bursement of expenses incurred by a member meeting or traveling as a member of a committee of a county board of education on business first authorized by the Board; and for other purposes.

HB 126. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, and others: A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways," so as to define the term "Limited-access state Highway"; and for other purposes.
HB 252. By Messrs. Isenberg and Killian of Glynn, Dixon of Ware, Jones of Muscogee and others: A bill to amend an act entitled the "Urban Redevelopment Law", so as to provide additional criteria for the definition of the term "slum area"; and for other purposes.
HR 100. By Mr. Williams of Hall: A resolution authorizing the granting of an easement across, through and over certain real property located in Hall County; and for other purposes.
The House has agreed to the Senate amendment to the following bill of the House.

434

JOURNAL OF THE SENATE,

HB 47. By Messrs. Walker and Gibbons of Lowndes:
A bill to provide that the tax commissioners of certain counties shall be ex-officio sheriffs for the purpose of collecting tax fi fas which are issued by tax commissioners; and for other purposes.

The following bills and resolutions were introduced, read the first time and referred to committees:

SB 108. By Senator Fuqua of the 22nd:
A bill to amend an act concerning the definition of "trustee" in Public Law No. 256 of Ga. Laws 1949, so as to amend Section II (d) of said act with respect to designation of trust companies; and for other pur poses.
Referred to Committee on Banking and Finance.

SR 52. By Senator Pannell of the 54th:

A resolution amending Rule 198 of the rules of the Senate for the 1963 session; and for other purposes.

Referred to Committee on Rules.

t

HB 110. By Messrs. Towson and Knight of Laurens:
A bill to create the City of Dublin and County of Laurens Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 112. By Mr. Dean of Polk:
A bill to authorize absences from the public schools for those children serving as pages for the General Assembly of Georgia during the school year; and for other purposes.
Referred to Committee on Educational Matters.

HB 126. By Messrs. Smith of Grady, Bolton of Spalding and others:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", so as to define the term "Limited-access State Highway"; and for other purposes.
Referred to Committee on Highways.

MONDAY, FEBRUARY 25, 1963

435

HB 136. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A bill to amend an act providing for pensions 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 196. By Messrs. Etheridge and McClelland of Fulton: A bill to amend an act establishing a new charter for .the City of Atlanta, so as to enlarge the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 198. By Messrs. McClelland and Etheridge of Fulton: A bill to amend an act establishing a new charter for the City of Atlanta relating to the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 208. By Messrs. Shea, Funk and Richardson of Chatham: A bill to amend an act relating to the procedure for cancellation of mortgages, so as to provide an additional method of cancellation; and for other purposes.
Referred to Committee on Judiciary.
HB 236. By Messrs. McClelland and Etheridge of Fulton: A bill to amend an act providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities, so as to provide that any officer, employee, or beneficiary in case of death, shall be refunded all contributions made by him on monthly earnings in excess of monthly earnings necessary to arrive at the maxi mum pension allowable; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 237. By Messrs. McClelland and Etheridge of Fulton: A bill to amend an act establishing a new charter for the City of Atlanta, relating to annual reports; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 246. By Messrs. Richardson of Chatham, Flournoy of Cobb and others: A bill to amend an act effecting a complete revision of the laws of this State relating to the qualification and registration of voters so as to

436

JOURNAL OP THE SENATE,

provide for registration at places other than the office of the registrars; and for other purposes. Referred to Committee on Judiciary.

HB 252. By Messrs. Isenberg and Killian of Glynn, Dixon of Ware, Jones of Muscogee, Brantley of Candler and Pickard of Muscogee:
A bill to amend an act entitled the "Urban Redevelopment Law", so as to provide additional criteria for the definition of the term "slum area"; and for other purposes.
Referred to Committee on Highways.

HB 254. By Mr. Melton of Spalding:
A bill to amend an act relating to compensation of members of county boards of education, so as to authorize payment of per diem and reim bursement of expenses incurred by a member meeting or traveling as a member of a committee of a county board of education on business first authorized by the Board; and for other purposes.
Referred to Committee on Educational Matters.

HB 262. By Mr. Payton of Coweta: A bill to amend an act changing the compensation of the sheriff, the ordinary and the clerk of the Superior Court of Coweta County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 306. By Messrs. Fleming and Bell of Richmond: A bill to amend an act relating to the subject of divorce, to clarify same in regard to insane persons; and for other purposes.
Referred to Committee on Judiciary.
HB 328. By Messrs. Gibbons and Walker of Lowndes: A bill to provide a method for the registration of voters and for their examination in counties having a population of not more than 49,300 and not less than 49,200; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 329. By Messrs. Pope and Coker of Cherokee: A bill to amend an act creating the office of Commissioners of Roads and Revenues for the County of Cherokee, so as to change the compen sation of the clerk; and for other purposes.
Referred to Committee on County and Municipal Governments.

MONDAY, FEBRUARY 25, 1963

437

HB 334. By Mr. Mullis of Bleckley:
A bill to amend an act relating to the salaries of county officers of Bleckley County, so as to change the compensation of the Ordinary of Bleckley County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 335. By Mr. Mullis of Bleckley:
A bill to amend an act creating the office of Commissioner of Roads and Revenues for the County of Bleckley, so as to change the compensation of the Commissioner of Roads and Revenues; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 336. By Mr. Fowler of Douglas:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Douglas County, so as to provide that the Board of Com missioners shall have the power to furnish the sheriff a cash allowance; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 337. By Mr. Fowler of Douglas:
A bill to amend an act creating a new charter for the City of Douglasville; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 338. By Mr. Fowler of Douglas:
A bill to create the Douglas County Study Commission for the purpose of making a thorough examination of all the needs and problems of Douglas County and to make specific recommendations as to the most expedient method to improve Douglas County in the future; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 339. By Messrs. Laite, Groover and House of Bibb:
A bill to amend an act to re-enact the charter of the City of Macon so as to describe new territory to become a part of the City of Macon; and for other purposes.
Referred to Committee on County and Municipal Governments.

438

JOURNAL OP THE SENATE,

HB 341. By Messrs. Lowrey and Jordan of Floyd:
A bill to amend an act changing the compensation of Floyd County offi cers from a fee system to a salary system, and relating to uniforms for the sheriff and his deputies; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 342. By Messrs. Lowrey and Jordan of Floyd:
A bill to amend an act changing the compensation of Floyd County offi cers from a fee to a salary system, so as to authorize an additional deputy sheriff for $385.00 per month; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 343. By Messrs. Spikes and Ware of Troup:
A bill to amend an act creating the Civil and Criminal Court of Troup County, so as to provide that the judge may require sureties on personal appearance bonds; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 350. By Mr. Johnson of Warren:
A bill to place the clerk of the Superior Court of Warren County on a salary in lieu of a fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 351. By Mr. Johnson of Warren:
A bill to amend an act providing for the compensation of the ordinary of Warren County, so as to place the compensation of the ordinary of Warren County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 353. By Messrs. Spikes and Ware of Troup:
A bill to amend an act creating a new charter for the City of West Point, so as to provide for a Board of City Registrars; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 357. By Mr. Sangster of Dooly:
A bill to amend an act creating a new charter for the City of Vienna, so as to empower its governing authorities to prescribe by ordinance the assessment of ad valorem tax on all classes of property; and for other purposes.
Referred to Committee on County and Municipal Governments.

MONDAY, FEBRUARY 25, 1963

439

HB 361. By Messrs. Tucker and Clark of Catoosa:
A bill to repeal certain laws relating to duties of clerks of superioor Courts and compensation paid for such duties; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 362. By Messrs. Tucker and Clark of Catoosa:
A bill to repeal an act providing for a clerical assistant to the sheriff of Catoosa County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 363. By Messrs. Ponsell and Dixon of Ware:
A bill to create a Board of Commissioners of Roads and Revenues in the County of Ware; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 100. By Mr. Williams of Hall:
A resolution authorizing the granting of an easement across, through and over certain real property located in Hall County, Georgia; and for other purposes.
Referred to Committee on Highways.

HR 108. By Mr. Ballard of Newton:
A resolution authorizing the transfer of certain real property located in DeKalb County; and for other purposes.
Referred to Committee on Highways.

HR 132. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution to ratify the Executive Order of the Governor dated March 9, 1962, suspending the collection of any income tax attributable to the disallowance of the use of any of the methods of depreciation authorized in Sec. 179 of the Federal Internal Revenue Code of 1954 on returns until next meeting of the General Assembly; and for other purposes.
Referred to Committee on Rules.

HR 133. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution to ratify the executive order of the Governor suspending collection of income tax attributable to the inclusion of amounts re ceived as subsistence allowances; and for other purposes.
Referred to Committee on Rules.

440

JOURNAL OF THE SENATE,

The following bills and resolutions were read the second time:

SB 98. By Senator Fuqua of the 22nd:
A bill to amend Code Title 109A, known as the "Uniform Commercial Code", so as to define a public sale; and for other purposes.

SB 99. By Senator Johnson of the 42nd, Pannell of the 54th, and Jackson of the 16th:
A bill relating to the criminal responsibility of children; to amend cer tain code sections pertaining thereto; to repeal conflicting laws; and for other purposes.

SB 100. By Senator Gayner of the 5th:
A bill to provide for a secretary for the Judge of the Superior Court of the Brunswick Judicial Circuit; and for other purposes.

SB 101. By Senator Wesberry of the 37th:
A bill to amend Code Section 34-2301 pertaining to dividing the State into ten (10) Congressional Districts composed of enumerated counties in each District; to repeal conflicting laws; and for other purposes.

SB 102. By Senator Carlton of the 21st: A bill to provide that any person may stop and park a school bus on any road to discharge passengers who are teachers, students, or employees of a school.
SB 103. By Senators Salome of the 36th, Brown of the 34th, Johnson of the 38th, Wesberry of the 37th, and Coggin of the 35th: A bill relating to the abolition of Justice Courts and establishing certain other courts in the City of Atlanta; and for other purposes.
SB 104. By Senators Brown of the 34th, Coggin of the 35th, Salome of the 36th, Wesberry of the 37th, Johnson of the 38th, and Maclntyre of the 40th:
A bill to amend an act entitled "An Act to establish a method for provid ing fire prevention systems in the unincorporated portion of Fulton County; and for other purposes".
SB 105. By Senator Byrd of the 17th: A bill to provide for the consolidation of schools in counties having a population of not less than 8,250 and not more than 8,350 according to the United States census of 1950, or any future; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 25, 1963

441

SB 106. By Senator Spinks of the 9th and Rowan of the 8th:
A bill to provide credit to military personnel for satisfactory architec tural experience gained while in military service.

SB 107. By Senators Loggins of the 53rd, Pannell of the 54th, and Downing of the 1st:
A bill relating to service by publication in divorce actions, so as to pro vide that the clerk of the court in which such actions are pending may order service by publication; and for other purposes.

SR 48. By Senator Kdid of the 25th:
A resolution for compensation of interim committees; and for other pur poses.

SR 49. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to pro vide that all bills for raising revenue, or appropriating money, may originate in either the Senate or House of Representatives, and either branch may propose or concur in amendments as in other bills; and for other purposes.

SR 50. By Senator Kendrick of the 32nd:
A resolution proposing an amendment to the Constitution so as to pro vide for the establishing, acquiring, of a Junior College in Cobb County; and for other purposes.

HB 17. By Messrs. Etheridge, Brooks and McClelland of Fulton:
A bill to amend an act entitled "An act to amend the Voters' Registra tion Act", so as to provide that county registrars appointed by county authorities shall retain their civil service status; and for other purposes.

HB 35. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act providing for the coverage of certain officers and employees of political subdivisions of the State under the Old Age and Survivors Insurance and relating to the State Board of Education; and for other purposes.

HB 117. By Mr. Groover of Bibb:
A bill to require a majority of the votes cast before any person may be nominated or elected in a primary, special or general election for an elected position of the State of Georgia; and for other purposes.

442

JOURNAL OF THE SENATE,

HB 190. By Mr. Overby of Hall:
A bill to amend an act establishing the State Employees Retirement System, so as to clarify the provisions relating to the accumulation of sufficient creditable service in order to qualify under involuntary sepa ration provisions; and for other purposes.

HB 251. By Mr. Vaughn of Rockdale:
A bill to amend an act to revise the adoption laws, so as to provide that the consent of the father who has not been supporting his minor child shall not be necessary to let the child be adopted; and for other purposes.

HB 266. By Messrs. Smith of Grady, Bolton of Spalding and others:
A bill to amend an act relating to the jurisdiction of the United States over certain lands in this State, so as to provide that the State shall no longer retain its civil and criminal jurisdiction over persons and Citizens of any territory used for penal institutions; and for other purposes.

HB 280. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty, and others:
A bill to amend an act entitled the "Georgia Rural Roads Authority Act", so as to change the membership of said Authority; and for other purposes.

HB 281. By Messrs. Bolton of Spalding, Smith of Grady, Andrews of Stephens, Busbee of Dougherty and Rutland of DeKalb:
A bill to amend an act creating the offices of State Highway Board, so as to provide that the Director of the Department shall not constitute the Georgia State Highway Authority; and for other purposes.

HB 282. By Messrs, Bolton of Spalding, Smith of Grady, Busbee of Dougherty,
Andrews of Stephens and Rutland of DeKalb: A bill to amend an act entitled the "State Toll Bridge Authority Act", so as to change the membership of the Authority; and for other purposes.

HB 283. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty,
Andrews of Stephens and Rutland of DeKalb: A bill to amend an act entitled the "Georgia State Highway Authority Act", so as to change the membership of said Authority; and for other purposes.

MONDAY, FEBRUARY 25, 1963

443

HB 305. By Messrs. Fleming, Bell and Hull of Richmond:
A bill to amend an act "to provide methods of service upon persons where service of notice is required"; and for other purposes.

HB 316. By Mr. Conner of Jeff Davis:
A bill to amend an act relating to the salary of the Comptroller General, so as to provide for the compensation of the Comptroller General; and for other purposes.

HR 106. By Mr. Herndon of Appling:
A resolution to relieve Troy Hartley as security on a bond; and for other purposes.

The following committee report was submitted and read by the secretary:

Mr. Pannell of the 54th District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bills of the House and Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 95. Do Pass. HB 56. Do Pass. HB 145. Do Pass. HB 146. Do Pass. HB 149. Do Pass. HB 150. Do Pass. HB 151. Do Pass.
Respectfully submitted, Pannell of 54th District, Chairman.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:

444

JOURNAL OP THE SENATE,

SB 65. By Senators Miller of the 50th and Smalley of the 28th:
A bill to amend an act creating the office of Georgia Safety Fire Com missioner, approved February 25, 1949 (Ga. Laws 1949, p. 1057), as amended, so as to authorize and empower the State Fire Marshal to make arrests and carry weapons; and for other purposes.

Senator Yancey of the 33rd offered the following amendment:
Amend SB 65 by adding immediately before the last sentence of
Section 20A the following words:
"The duty of a sheriff as to the person delivered to him by any person arresting under the provisions of this act shall be the same as if the sheriff himself had made the original arrest."

so that said section when so amended shall read as follows:
"Section 20A. The State Fire Marshal, his deputy and his arson investigators are hereby granted that authority and power which sheriff's have to make arrests of any persons violating or charged with violating any of the criminal statutes of this State relating to arson. The State Fire Marshal, his deputy, and his arson investiga tors are hereby further given that authority which sheriff's have to make arrests of any persons who interfere with the orderly inves tigation of such officers, and any persons who are attempting to commit or who have committed or who are charged with having committed any crimes which relate to or are incidental to or involved in an arson case or the commission of arson or an attempted arson. In case of such arrests the State Fire Marshal, his deputy, or his arson investigators shall as soon as possible deliver the arrested person or persons to the custody of the sheriff or the county wherein the offense was committed. The duty of a sheriff as to the person delivered to him by any person arresting under the provisions of this act shall be the same as if the sheriff himself had made the original arrest. The State Fire Marshal, his deputy and arson in vestigators are hereby authorized and empowered to carry weapons in order to enforce the provisions of this Act."
Senator Smalley of the 28th offered the following amendment to the amend ment:
Amend the amendment to SB 65 by striking the words "as soon as possible" from the 15th line of Section 20A, and by substituting therefor the word "immediately", so that the amended sentence shall read: "In case of such arrests the State Fire Marshal, his deputy, or his arson investigators shall immediately deliver the arrested person or persons to the custody of the sheriff of the county wherein the offense was com mitted."

MONDAY, FEBRUAKY 25, 1963

445

On the adoption of the amendment to the amendment, the ayes were 34, nays 0, and the amendment to the amendment was adopted.

On the adoption of the amendment as amended, the ayes were 34, nays 0, and

the amendment was adopted, as amended.

By unanimous consent, the amendment of the Committee on Judiciary was withdrawn.

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.

HB 152. By Messrs. Busbee, Lee and Odom of Dougherty:
A bill to authorize the Boards of Education of all counties of this State to insure the lives and health of all teachers and other employees of such boards of education, and authorizing such boards to pay the premiums to maintain such insurance; and for other purposes.

The report 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 1.

The bill, having received the requisite constitutional majority, was passed.

HB 56. By Messrs. Richardson, Shea and Funk of Chatham:
A bill to amend an act establishing the State Employees Retirement System, so as to remove that provision which declares that no coverage under said act shall extend to any official or employee who is covered under the provisions of any other system; and for other purposes.

446

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 29, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 145. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A bill to amend an act creating the Employees Retirement System of Georgia, so as to authorize the employment of agents for advisory and investment purposes; and for other purposes.

Senator Pannell of the 54th offered the following amendment:
Amend HB 145 by striking from the language quoted in Subsection
(1) of Section 7 in Section 1 of said bill the words "imposed upon the laws", and inserting in lieu thereof the words "imposed by the laws".

On the adoption of the amendment, the ayes were 30, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
SB 54. By Senator Kidd of the 25th: A bill to fix the situs of boats, houseboats, motorboats, sailboats, etc.. for the purpose of ad valorem taxation; and for other purposes.
Senator Gillis of the 20th moved that SB 54 be tabled. On the motion to table, the ayes were 34, nays 4, and the motion prevailed.
HB 146. By Senators Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon: A bill to amend an act creating the Peace Officers' Annuity and Benefit Fund, so as to provide for investments; and for other purposes.

MONDAY, FEBKUARY 25, 1963

447

The report 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 149. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon: A bill to amend an act providing for retirement benefits for the teachers of this State, so as to authorize the employment of agents for advisory and investment purposes; and for other purposes.
Senator Pannell of the 54th offered the following amendment: Amend HB 149 by striking from the language quoted in Subsection
(1) of Section 7 in Section 1 of said bill the words "imposed upon the laws", and inserting in lieu thereof the words "imposed by the laws".
On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
HB 150. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon: A bill to amend an act providing for retirement benefits for the ordi naries of this State, so as to provide for investments; and for other pur poses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

448

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 151. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A bill to amend an act creating the Georgia Firemen's Pension Fund, so as to provide for investments; and for other purposes.

The report 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 186. By Messrs. Newton of Colquitt, Smith of Emanuel, Lowrey of Floyd, Milhollin of Coffee, Nessmith of Bulloch, Perry of Evans and many others: A bill to amend an act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, so as to exempt seed, fertilizers, etc., when used directly in tilling the soil or animal husbandry; and for other purposes.
The report 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 77. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens: A resolution to repeal a resolution entitled "To recommend that the State discontinue the building of cabins at State Parks"; and for other pur poses.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

MONDAY, FEBRUARY 25, 1963

449

On the adoption of the resolution, the ayes were 36, nays 0.

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

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative 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:
SB 39. SB 41. SB 42. SB 63. SB 67. SB 69. SB 80. SB 86.
Respectfully submitted, Pelham of 10th District, Chairman.
The following resolutions were read and adopted:
SR 51. By Senators Harrison of the 48th and Miller of the 50th: A resolution calling upon the President to take certain measures relating to the poultry industry; and for other purposes.
SR 53. By Senator Downing of the 1st: A resolution urging the Budget Bureau to make funds available to acquire and maintain the Battleship Missouri; and for other purposes.
SR 54. By Senator Kidd of the 25th: A resolution relative to a basketball game between the members of the Senate and the members of the House of Representatives; and for other purposes.

450

JOURNAL OP THE SENATE,

SR 55. By Senator Downing of the 1st:
A resolution designating the month of February as American History Month; and for other purposes.

Senator Pannell of the 54th moved that the Senate do now adjourn, and the motion prevailed.

The president announced the Senate adjourned until 11:00 o'clock tomorrow morning.

TUESDAY, FEBRUARY 26, 1963

451

Senate Chamber, Atlanta, Georgia,

Tuesday, February 26, 1963.

The Senate met pursuant to adjournment at 11:00 o'clock this morning, and was called to order by the president.

Scripture reading was offered by Reverend Albert W. Huyck, pastor, Royston Baptist Church, Royston, Georgia.

Prayer was offered by Dr. Eugene T. Wilson, pastor, Peachtree Presbyterian Church, Atlanta, Georgia.

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

Senator Pelham of the 10th reported that the journal of yesterday's proceed ings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Pannell of the 54th 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:

452

JOURNAL OF THE SENATE,

HB 195. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act establishing a new charter for the City of College Park, and relating to the Recorders Court; and for other purposes.

HB 197. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act establishing a new charter for the City of College Park, relating to the Budget; and for other purposes.

HB 261. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act establishing a new charter for the City of College Park, relating to the salary of the Mayor of the City of College Park; and for other purposes.

HB 390. By Messrs. Groover, Laite and House of Bibb:
A bill to amend an act to re-enact the charter of the City of Macon, relating to the powers of the Recorder's Court; and for other purposes.

HB 393. By Mr. Parker of Screven:
A bill to incorporate and to grant a new charter for the City of Sylvania; and for other purposes.

HB 366. By Messrs. Alien and Branch of Tift: A bill to further define and prescribe the purposes, powers and duties of the Tift County Development Authority; and for other purposes.
HB 367. By Messrs. Stalnaker and Peterson of Houston: A bill to amend an act creating a Board of County Commissioners for the County of Houston; and for other purposes.
HB 368. By Messrs. Peterson and Stalnaker of Houston: A bill to amend an act creating and incorporating the City of Centerville, so as to increase the maximum salary of the Mayor and Councilmen; and for other purposes.
HB 370. By Mr. Rodgers of Charlton: A bill to provide that the governing authority of Charlton County shall be authorized to supplement the compensation of all county employees; and for other purposes.

TUESDAY, FEBRUARY 26, 1963

453

HB 371. By Mr. Rodgers of Charlton:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Charlton so as to reduce the number of members of the Board to 3 members; and for other purposes.

HB 373. By Mr. Perry of Evans:
A bill to amend an act to fix the compensation of the Clerk of the Superior Court of Evans County; and for other purposes.

HB 374. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act incorporating the City of Lake City, so as to change the corporate city limits; and for other purposes.

HB 375. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act establishing fire prevention districts in Clayton County, so as to provide for a tax on the property located in fire pre vention districts; and for other purposes.

HB 376. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act to incorporate the City of Forest Park, so as to extend the corporate city limits; and for other purposes.

HB 377. By Messrs. Lee and Blalock of Clayton: A bill to amend an act incorporating the Town of Forest Park, so as to provide payment of group insurance premiums for city employees of the City of Forest Park; and for other purposes.
HB 378. By Messrs. Lee and Blalock of Clayton: A bill to repeal an act incorporating the Town of Lovejoy, so as to change the name to the City of Lovejoy; and for other purposes.
HB 379. By Messrs. Lee and Blalock of Clayton: A bill to amend an act incorporating the City of Morrow; and for other purposes.
HB 381. By Messrs. Dicus, Pickard and Jones of Muscogee: A bill to amend an act relating to the charter of the City of Columbus; and for other purposes.

454

JOURNAL OF THE SENATE,

HB 382. By Messrs. Dicus, Jones and Pickard of Muscogee:
A bill to create for the City of Columbus a Board of Commissioners to be known as "Medical Center Board Commissioners"; and for other pur poses.

HB 383. By Messrs. Dicus, Pickard and Jones of Muscogee:
A bill to amend the "Housing Authorities Law" in counties having a population of not less than 115,000 and not more than 125,000; and for other purposes.

HB 384. By Messrs. Wilson, Teague and Flournoy of Cobb:
A bill to provide a salary for the official full time court reporter of the Cobb Judicial Circuit in lieu of fees for criminal cases; and for other purposes.

HB 385. By Messrs. Tucker and Clark of Catoosa, Ployd of Chattooga, Hale of Dade:
A bill to amend an act creating the Lookout Judicial Circuit so as to provide for clerical assistance for the Solicitor-General of the Lookout Mountain Judicial Circuit; and for other purposes.

HB 389. By Messrs. Groover, Laite and House of Bibb:
A bill to amend an act re-enacting the charter of the City of Macon, relating to the Clerk of the Recorder's Court; and for other purposes.

HB 68. By Mr. Ponsell of Ware:
A bill to consolidate and abolish the offices of the Tax Collector and Tax Receiver of Ware County; to create the office of the Tax Commis sioner of Ware County; and for other purposes.
HB 277. By Messrs. Killian and Isenberg of Glynn:
A bill to amend an act establishing a salary system for the coroner of Glynn County; and for other purposes.

HB 276. By Messrs. Killian and Isenberg of Glynn:
A bill to amend an act creating the City Court of Brunswick, so as to change the compensation of the Solicitor; and for other purposes.

TUESDAY, FEBRUARY 26, 1963

455

HB 349. By Mr. Johnson of Warren:
A bill to place the Sheriff of the Superior Court of Warren County on a salary in lieu of the fee system; and for other purposes.

HB 333. By Mr. Mullis of Bleckley: A bill to consolidate the offices of Tax Receiver and Tax Collector of Bleckley County into the one office of Tax Commissioner of Bleckley County, to provide for the election of the Tax Commissioner; and for other purposes.
SB 16. By Senator Broun of the 46th: A bill to amend an act entitled "An act to amend the charter of the Town of Athens"; and for other purposes.
SB 38. By Senators Johnson of the 42nd and McWhorter of the 43rd and Conway of the 41st: A bill to amend an act creating and establishing a new charter and mu nicipal government for the City of Decatur, and the several acts amen datory thereof, so as to change, enlarge, and extend the corporate limits of the City of Decatur, by the incorporation of additional and contiguous territory therein; and for other purposes.
SB 30. By Senator Webb of the llth: A bill to amend an act creating a new Charter for the City of Donalsonville in Seminole County, so as to change the compensation of the mayor and aldermen of said city; and for other purposes.
HR 45. By Messrs. Teague, Flournoy and Wilson of Cobb: A resolution compensating Mrs. Mollie B. Lane; and for other purposes.
HR 61. By Mr. Knight of Berrien: A resolution to compensate Irvin D. Suggs; and for other purposes.
HR 94. By Mr. Kirkland of Tattnall: A resolution compensating Miss Sarah Lynn Rountree; and for other purposes.
HR 116. By Mr. Wilson of Cobb: A resolution to compensate Alien J. Faulkner; and for other purposes.

456

JOURNAL OF THE SENATE,

HB 157. By Mr. Etheridge of Fulton:
A bill to provide that notice of excavation of a public way be given public utilities; and for other purposes.

HB 191. By Mr. Mackay of DeKalb:
A bill to amend Code Section 13-2051, relating to the receipt of stock certificates of bank stock, so as to provide methods of receipt; and for other purposes.

HB 193. By Messrs. Mackay and Harris of DeKalb:
A bill to amend Code chapter 13-20, relating to the regulation of the banking industry, so as to provide for the relocation of the main office, bank office or bank facility within a city, town or village; and for other purposes.

HB 194. By Messrs. Mackay and Harris of DeKalb:
A bill to amend Code Section 13-1002, relating to applications for amend ments to bank charters, so as to change the vote of stock holders re quired to authorize a change in the location of the office of the bank; and for other purposes.

HB 354. By Messrs. Matthews and Bedgood of Clarke, and Smith of Habersham: A bill to amend Code section 26-2603, relating to the larceny of motor vehicles and punishment therefor; and for other purposes.
HB 386. By Messrs. Etheridge and McClelland of Fulton: A bill to amend an act relating to the qualifications of applicants for admission to the Practice of Law and relating to the residence require ments of applicants for admission to the practice of law; and for other purposes.
The House has adopted the following resolution of the House:
HR 162. By Messrs. Bolton of Spalding and Ware of Troup: A resolution expressing regrets at the hospitalization of the Honorable George T. Smith and Mrs. Smith, and wishing them a speedy recovery; and for other purposes.
The following bills and resolutions were introduced, read the first time and referred to committees:

TUESDAY, FEBRUARY 26, 1963

457

SB 109. By Senator Heard of the 29th: A bill to define "Motor-vehicle liability policy"; and for other purposes.
Referred to Committee on Rules.

SB 110. By Senator Kidd of the 25th:
A bill to exempt drugs or medicines which are used as a component part of feed for livestock or poultry; and for other purposes.
Referred to Committee on Banking and Finance.

SB 111. By Senator Fuqua of the 22nd:
A bill to authorize the fixing of a qualification fee for candidates in a special election for certain county offices; and for other purposes.
Referred to Committee on Rules.

SB 112. By Senator Miller of the 50th:
A bill incorporating- and creating a new charter for the City of Jasper, so as to change the corporate limits of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.

SR 56. By Senator Webb of the llth:
A resolution creating the Congressional Districts Study Committee; and for other purposes.
Referred to Committee on Rules.

HB 68. By Mr. Ponsell of Ware:
A bill to consolidate and abolish the offices of the tax collector and tax receiver of Ware County; to create the office of the Tax Commissioner of Ware County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 157. By Mr. Etheridge of Fulton:
A bill to provide that notice of excavation of a public way be given public utilities; to provide that return notice be made by public utilities desig nating the location of facilities in such public way; to provide for pen alty for violation of this act; and for other purposes.
Referred to Committee on Highways.

458

JOURNAL OF THE SENATE,

HB 191. By Mr. Mackay of DeKalb:
A bill to amend an act relating to the receipt of stock certificates of bank stock, so as to provide methods of receipt; and for other purposes.
Referred to Committee on Banking and Finance.

HB 193. By Messrs. Mackay and Harris of DeKalb: A bill to amend an act relating to the regulation of the banking industry, so as to provide for the relocation of the main office, bank office or bank facility within a city, town or village; and for other purposes.
Referred to Committee on Banking and Finance.
HB 194. By Messrs. Mackay and Harris of DeKalb: A bill to amend an act relating to applications for amendments to bank charters, so as to change the vote of stockholders required to authorize a change in the location of the office of the bank; and for other purposes.
Referred to Committee on Banking and Finance.
HB 195. By Messrs. McClelland and Etheridge of Fulton: A bill to amend an act establishing a new charter for the City of College Park, relating to the Recorders Court; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 197. By Messrs. McClelland and Etheridge of Fulton: A bill to amend an act establishing a new charter for the City of College Park, relating to the budget; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 261. By Messrs. McClelland and Etheridge of Fulton: A bill to amend an act establishing a new charter for the City of College Park, relating to the salary of the mayor of the City of College Park; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 276. By Messrs. Killian and Tsenberg of Glynn:
A bill to amend an act creating the City Court of Brunswick, so as to change the compensation of the solicitor; and for other purposes.
Referred to Committee on County and Municipal Governments.

TUESDAY, FEBRUARY 26, 1963

459

HB 277. By Messrs. Killian and Isenberg of Glynn:
A bill to amend an act establishing a salary system for the coroner of Glynn County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 333. By Mr. Mullis of Bleckley: A bill to consolidate the offices of tax receiver and tax collector of Bleck ley County into the one office of tax commissioner of Bleckley County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 349. By Mr. Johnson of Warren: A bill to place the sheriff of the Superior Court of Warren County on a salary in lieu of the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 354. By Messrs. Matthews and Bedgood of Clarke, Smith of Habersham and Wells of Oconee: A bill to amend an act relating to the larceny of motor vehicles and punishment therefor; and for other purposes.
Referred to Committee on Judiciary.

HB 366. By Messrs. Alien and Branch of Tift: A bill to further define and prescribe the purposes, powers and duties of the Tift County Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 367. By Messrs. Stalnaker and Peterson 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 368. By Messrs. Peterson and Stalnaker of Houston:
A bill to amend an act creating and incorporating the City of Centerville, so as to increase the maximum salary of the mayor and councilmen; and for other purposes.
Referred to Committee on County and Municipal Governments.

460

JOURNAL OP THE SENATE,

HB 370. By Mr. Rodgers of Charlton:
A bill to provide that the governing authority of Charlton County shall be authorized to supplement the compensation of all county employees; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 371. By Mr. Rodgers of Charlton:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Charlton so as to reduce the number of members of the Board to three members; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 373. By Mr. Perry of Evans:
A bill to amend an act to fix the compensation of the clerk of the Superior Court of Evans County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 374. By Mr. Perry of Evans: A bill to amend an act to fix the compensation of the clerk of the Superior Court of Evans County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 375. By Messrs. Lee and Blalock of Clayton: A bill to amend an act establishing fire prevention districts in Clayton County, so as to provide for a tax on the property located in fire pre vention districts; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 376. By Messrs. Lee and Blalock of Clayton: A bill to amend an act to incorporate the City of Forest Park, so as to extend the corporate city limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 377. By Messrs. Lee and Blalock of Clayton: A bill to amend an act incorporating the Town of Forest Park, so as to provide payment of group insurance premiums for city employees of the City of Forest Park; and for other purposes.
Referred to Committee on County and Municipal Governments.

TUESDAY, FEBRUARY 26, 1963

461

HB 378. By Messrs. Lee and Blalock of Clayton:
A bill to repeal the act incorporating the Town of Lovejoy, so as to change the name to the City of Lovejoy; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 379. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act incorporating the City of Morrow; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 381. By Messrs. Dicus, Pickard and Jones of Muscogee:
A bill to amend an act relating to the charter of the City of Columbus; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 382. By Messrs. Dicus, Jones and Pickard of Muscogee: A bill to create for the City of Columbus a Board of Commissioners to be known as "Medical Center Board of Commissioners"; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 383. By Messrs. Dicus, Pickarr! and Jones of Muscogee: A bill to amend the "Housing Authorities Law" in counties having a population of not less than 115,000 and not more than 125,000; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 384. By Messrs. Wilson, Teague and Flournoy of Cobb: A bill to provide a salary for the official full time court reporter of the Cobb Judicial Circuit in lieu of fees for criminal cases; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 385. By Messrs. Tucker and Clark of Catoosa, Floyd of Chattooga, Hale of Dade, Snow and Abney of Walker: A bill to amend an act creating the Lookout Judicial Circuit, so as to provide for clerical assistance for the Solicitor-General of the Lookout Mountain Judicial Circuit; and for other purposes.
Referred to Committee on Judiciary.

462

JOURNAL OF THE SENATE,

HB 386. By Messrs. Etheridge and McClelland of Fulton:
A bill to amend an act relating to the qualifications of applicants for admission to the practice of law and relating to the residence require ments of applicants for admission to the practice of law; and for other purposes.
Referred to Committee on Judiciary.

HB 389. By Messrs. Groover, Laite and House of Bibb:
A bill to amend an act re-enacting the charter of the City of Macon, relating to the clerk of the Recorder's Court; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 390. By Messrs. Groover, Laite and House of Bibb:
A bill to amend an act to re-enact the charter of the City of Macon, relating to the powers of the Recorder's Court; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 393. By Mr. Parker of Screven: A bill to incorporate and to grant a new charter to the City of Sylvania; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 45. By Messrs. Teague, Flournoy and Wilson of Cobb: A resolution compensating Mrs. Mollie B. Lane; and for other purposes.
Referred to Committee on Appropriations.

HR 61. By Mr. Knight of Berrien: A resolution to compensate Irvin David Suggs; and for other purposes.
Referred to Committee on Appropriations.
HR 94. By Mr. Kirkland of Tattnall: A resolution to compensate Miss Sarah Lynn Rountree; and for other purposes.
Referred to Committee on Appropriations.
HR 116. By Mr. Wilson of Cobb: A resolution to compensate Alien J. Faulkner; and for other purposes.
Referred to Committee on Appropriations.

TUESDAY, FEBRUARY 26, 1963

463

The following bills and resolutions were read the second time:

SB 108. By Senator Fuqua of the 22nd:
A bill to amend an act concerning the definition of "trustee" in Public Law No. 256 of Ga. Laws 1949, so as to amend Section II (d) of said act with respect to designation of trust companies; and for other pur poses.

SR 52. By Senator Pannell of the 54th:
A resolution amending Rule 198 of the rules of the Senate for the 1963 Session; and for other purposes.

HB 110. By Messrs. Towson and Knight of Laurens:
A bill to create the City of Dublin and County of Laurens Development Authority; and for other purposes.

HB 112. By Mr. Dean of Polk:
A bill to authorize excused absences from the public schools for those children serving as pages for the General Assembly of Georgia during the school year; and for other purposes.

HB 126. By Messrs. Smith of Grady, Bolton of Spalding and others:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", so as to define the term "Limited-access State Highway"; and for other purposes.

HB 136. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A bill to amend an act providing for pensions for members of the Police Departments in cities having a population of 150,000 or more; and for other purposes.

HB 196. By Messrs. Etheridge and McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, so as to enlarge the corporate limits; and for other purposes.

HB 198. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, relating to the corporate limits; and for other purposes.

464

JOURNAL OP THE SENATE,

HB 208. By Messrs. Shea, Funk and Richardson of Chatham:
A bill to amend an act relating to the procedure for cancellation of mortgages, so as to provide an additional method of cancellation; and for other purposes.

HB 236. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities, so as to provide that any officer, employee, or beneficiary in case of death, shall be refunded all contributions made by him on monthly earnings in excess of monthly earnings necessary to arrive at the maxi mum pension allowable; and for other purposes.

HB 237. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, relating to annual reports; and for other purposes.

HB 246. By Messrs. Richardson of Chatham, Flournoy of Cobb and others:
A bill to amend an act effecting a complete revision of the laws of this State relating to the qualification and registration of voters so as to provide for registration at places other than the office of the registrars; and for other purposes.

HB 252. By Messrs. Isenberg and Killian of Glynn, Dixon of Ware, Jones of Muscogee, Brantley of Candler and Pickard of Muscogee:
A bill to amend an act entitled the "Urban Redevelopment Law", so as to provide additional criteria for the definition of the term "slum area"; and for other purposes.

HB 254. By Mr. Melton of Spalding:
A bill to amend an act relating to compensation of members of county boards of education, so as to authorize payment of per diem and reim bursement of expenses incurred by a member meeting or traveling as a member of a committee of a county board of education on business first authorized by the Board; and for other purposes.

HB 262. By Mr. Payton of Coweta:
A bill to amend an act changing the compensation of the sheriff, the ordinary and the clerk of the Superior Court of Coweta County; and for other purposes.

TUESDAY, FEBRUARY 26, 1963

465

HB 306. By Messrs. Fleming and Bell of Richmond:
A bill to amend an act relating to the subject of divorce, to clarify same in regard to insane persons; and for other purposes.

HB 328. By Messrs. Gibbons and Walker of Lowndes:
A bill to provide a method for the registration of voters and for their examination in counties having a population of not more than 49,300 and not less than 49,200; and for other purposes.

HB 329. By Messrs. Pope and Coker of Cherokee:
A bill to amend an act creating the office of Commissioners of Roads and Revenues for the County of Cherokee, so as to change the compen sation of the clerk; and for other purposes.

HB 334. By Mr. Mullis of Bleckley:
A bill to amend an act relating to the salaries of county officers of Bleckley County, so as to change the compensation of county officers of Bleckley County; and for other purposes.

HB 335. By Mr. Mullis of Bleckley:
A bill to amend an act creating the office of Commissioner of Roads and Revenues for the County of Bleckley, so as to change the compensation of the Commissioner of Roads and Revenues; and for other purposes.

HB 336. By Mr. Fowler of Douglas: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Douglas County, so as to provide that the Board of Com missioners shall have the power to furnish the sheriff a cash allowance; and for other purposes.
HB 337. By Mr. Fowler of Douglas: A bill to amend an act creating a new charter for the City of Douglasville; and for other purposes.
HB 338. By Mr. Fowler of Douglas: A bill to create the Douglas County Study Commission for the purpose of making a thorough examination of all the needs and problems of Douglas County and to make specific recommendations as to the most expedient method to improve Douglas County in the future; and for other purposes.

466

JOURNAL OF THE SENATE,

HB 339. By Messrs. Laite, Groover and House of Bibb:
A bill to amend an act to re-enact the charter of the City of Macon so as to describe new territory to become a part of the City of Macon; and for other purposes.

HB 341. By Messrs. Lowrey and Jordan of Floyd:
A bill to amend an act changing the compensation of Floyd County offi cers from a fee system to a salary system, and relating to uniforms for the sheriff and his deputies; and for other purposes.

HB 342. By Messrs. Lowrey and Jordan of Floyd:
A bill to amend an act changing the compensation of Floyd County offi cers from a fee to a salary system, so as to authorize an additional deputy sheriff for $385.00 per month; and for other purposes.

HB 343. By Messrs. Spikes and Ware of Troup:
A bill to amend an act creating the Civil and Criminal Court of Troup County, so as to provide that the judge may require sureties on personal appearance bonds; and for other purposes.

HB 350. By Mr. Johnson of Warren:
A bill to place the clerk of the Superior Court of Warren County on a salary in lieu of a fee system; and for other purposes.

HB 351. By Mr. Johnson of Warren:
A bill to amend an act providing for the compensation of the ordinary of Warren County, so as to place the compensation of the ordinary of Warren County on a salary basis in lieu of a fee basis; and for other purposes.

HB 353. By Messrs. Spikes and Ware of Troup:
A bill to amend an act creating a new charter for the City of West Point, so as to provide for a Board of City Registrars; and for other purposes.

HB 357. By Mr. Sangster of Dooly:
A bill to amend an act creating a new charter for the City of Vienna, so as to empower its governing authorities to prescribe by ordinance the assessment of ad valorem tax on all classes of property; and for other purposes.

TUESDAY, FEBRUARY 26, 1963

467

HB 361. By Messrs. Tucker and Clarke of Catoosa:
A bill to repeal certain laws relating to duties of clerks of superior Courts and compensation paid for such duties; and for other purposes.

HB 362. By Messrs. Tucker and Clark of Catoosa:
A bill to repeal an act providing for a clerical assistant to the sheriff of Catoosa County; and for other purposes.

HB 363. By Messrs. Ponsell and Dixon of Ware: A bill to create a Board of Commissioners of Roads and Revenues in the County of Ware; and for other purposes.
HR 100. By Mr. Williams of Hall: A resolution authorizing the granting of an easement across, through and over certain real property located in Hall County, Georgia; and for other purposes.
HR 108. By Mr. Ballard of Newton: A resolution authorizing the transfer of certain real property located in DeKalb County; and for other purposes.
HR 132. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens: A resolution to ratify the Executive Order of the Governor dated March 9, 1962, suspending the collection of any income tax attributable to the disallowance of the use of any of the methods of depreciation authorized in Sec. 179 of the Federal Internal Revenue Code of 1954 on returns until next meeting of the General Assembly; and for other purposes.
HR 133. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens: A resolution to ratify the executive order of the Governor suspending collection of income tax attributable to the inclusion of amounts received as subsistence allowances; and for other purposes.
The following reports of committees were submitted, and read by the secre tary:
Mr. Fuqua of the 22nd District, Chairman of the Committee on Banking and Finance, submitted the following report:

468

JOURNAL OP THE SENATE,

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 98. Do Pass. Respectfully submitted,
Fuqua of 22nd District,
Chairman.

Mr. Smalley of the 28th 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 279. Do Pass. HR 47. Do Pass. HR 90. Do Pass. HB 148. Do Pass. SB 1. Do Pass, by Substitute. SB 100. Do Pass. SB 50. Do Not Pass.
Respectfully submitted, Smalley of 28th District, Chairman.

Mr. Spinks of the 9th District, Secretary 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 Secretary, to report the same back to the Senate with the following recommenda tions:
SB 49. Do Pass.
SB 51. Do Pass.

TUESDAY, FEBRUARY 26, 1963

469

SB 52. Do Pass. SB 87. Do Pass. SB 104. Do Pass. SB 105. Do Pass. HB 28. Do Pass. HB 29. Do Pass. HB 30. Do Pass. HB 31. Do Pass. HB 32. Do Pass. HB 33. Do Pass. HB 138. Do Pass, as Amended. HB 181. Do Pass. HB 185. Do Pass. HB 233. Do Pass. HB 239. Do Pass. HB 240. Do Pass. HB 169. Do Pass, as Amended. HB 243. Do Pass. HB 244. Do Pass. HB 249. Do Pass. HB 250. Do Pass. HB 253. Do Pass. HB 256. Do Pass. HB 258. Do Pass. HB 260. Do Pass. HB 263. Do Pass. HB 264. Do Pass. HB 273. Do Pass.
HB 274. Do Pass. HB 275. Do Pass. HB 278. Do Pass. HB 284. Do Pass.
HB 285. Do Pass.
HB 286. Do Pass.

470

JOURNAL OF THE SENATE,

HB 287. Do Pass. HB 292. Do Pass. HB 293. Do Pass. HB 295. Do Pass. HB 303. Do Pass, as Amended. HB 318. Do Pass. HB 319. Do Pass, by Substitute.
Respectfully submitted, Spinks of 9th District, Secretary.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted 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:
SB 74. Do Pass. SB 83. Do Pass. SB 84. Do Pass. SR 52. Do Pass. HB 316. Do Pass. HR 42. Do Pass. HR 58. Do Pass. HR 85. Do Pass. HR 102. Do Pass. HR 106. Do Pass. HR 111. Do Pass. HR 112. Do Pass. HR 113. Do Pass. HR 115. Do Pass. HR 118. Do Pass. HR 132. Do Pass. HR 133. Do Pass.
Respectfully submitted,
Rowan of 8th District, Secretary.

TUESDAY, FEBRUARY 26, 1963

471

Mr. Knox of the 24th District, Chairman of the Committee on Highways, sub mitted the following report:

Mr. President:

Your Committee on Highways 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 102. Do Pass. HB 283. Do Pass. HB 281. Do Pass. HB 280. Do Pass. HB 282. Do Pass. HB 259. Do Pass.
Respectfully submitted, Knox of 24th District, Chairman.

The following local uncontested bills and resolutions, favorably reported by the committees, were read the third time, and put upon their passage.
SB 49. By Senators Brown of the 34th, Wesberry of the 37th, Salome of the 36th, Brewer of the 39th, Johnson of the 38th, Maclntyre of the 40th and Coggin of the 35th: A bill to amend an act establishing a new charter for the City of Pairburn, approved August 3, 1925, as amended by an act approved March 21, 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 51. By Senators Maclntyre of the 40th, Brown of the 34th, Brewer of the 39th, Coggin of the 35th, Salome of the 36th and Wesberry of the 37th: A bill to amend an act establishing a new charter for the City of East Point in Fulton County, Georgia, approved August 19, 1912 (Ga. Laws 1912, p. 862, et. seq), and the several acts amendatory thereof; and for other purposes.

472

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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 52. By Senator Knox of the 24th:
A bill to amend an act placing certain county officers of McDuffie County on a salary system in lieu of a fee system, approved March 9, 1959 (Ga. Laws 1959, p. 2568), so as to provide a contingent expense allowance for the clerk of Superior Court; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 87. By Senators Salome of the 36th, Brown of the 34th, Johnson of the 38th and Maclntyre of the 40th: A bill to amend an act relating to the compensation of judges of the Civil Court of Fulton County; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 104. By Senators Brown of the 34th, Coggin of the 35th, Salome of the 36th, Wesberry of the 37th, Johnson of the 38th and Maclntyre of the 40th: A bill to amend an act entitled "An act to establish a method for provid ing fire prevention systems in the unincorporated portion of Fulton County, and amendments thereto, so as to provide that fire stations authorized by act as amended may be located in unincorporated areas of Fulton County; and for other purposes.

TUESDAY, FEBRUARY 26, 1963

473

The report 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 105. By Senator Byrd of the 17th:
A bill to provide for the consolidation of schools in counties having a population of not less than 8,250 and not more than 8,350 according to the United States census of 1950, or any future census; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.

Senator Byrd of the 17th offered the following substitute:
AN ACT
To provide for the consolidation of schools in counties having a population of not less than 8,250 and not more than 8,350 according to the United States census of 1960, or any future census; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. In all counties of the State having a population of not less than 8,250 and not more than 8,350, according to the United States census of 1960, or any future census, the board of education of any county shall have the right, if in their opinion the welfare of the schools of the county and the best interest of the pupils require, and if the provisions of this section are followed, to consolidate two or more schools into one school to be located by said board at a place convenient to the pupils attending the same, the school house to be located as near the center of the district or districts as possible. School district for the purposes of this act shall mean any militia district now furnishing a member to the county board of education. No consolidation shall become effective, how ever, until the succeeding school year after being voted upon favorably by the qualified voters in an election to be held for that purpose under the procedure as hereinafter prescribed. When a consolidation is decided upon, it shall be the duty of the board to select and use one of the two methods hereinafter provided by this act. It shall also be the duty of the board to give notice to the Ordinary of the county of intention of such consolidation, with the names and locations of the affected schools. It shall then be the duty of the ordinary, within ten days of such notice by the board, to issue the call of an election to be held not less than fifteen

474

JOURNAL OF THE SENATE,

nor more than thirty days from the date of such call. The date of such election and the purpose thereof, including the names of the schools affected, shall be published in the official organ of the county once a week for two weeks immediately preceding the date of the election. Only those persons living in the attendance area of the affected schools, and who are qualified to vote for members of the General Assembly of Geor gia, shall be eligible to vote in this election. The votes in each area shall be counted separately and a majority of those persons voting in every affected attendance area must vote in favor of consolidation before it shall become effective. If a majority of those persons voting in one or more affected attendance areas vote against consolidation, it shall not be effective, and no consolidation of any of the schools involved may be effected until the next succeeding school year. Provided, however, that an alternate method of consolidation is hereby provided. The Ordinary's call for an election and publication thereof shall be the same as hereto fore provided. Only those persons who are qualified to vote for members of the General Assembly of Georgia shall be eligible to vote in this election. The votes shall be counted on a county wide basis. A majority of the qualified voters must vote in favor of consolidation before it shall become effective. No consolidation shall become effective after being voted in the affirmative until the next succeeding school year. It shall be the duty of the ordinary to canvass the ballots and certify the results of the election. It shall be the further duty of the ordinary to certify such results to the State Board of Education and to the Secretary of State. The expense of the election shall be borne by the county. Provided, that no election for the purpose of consolidating a particular school dis trict or districts shall be held more than once every twelve months.

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, Was agreed to, by substitute.

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 28. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act relating to pensions to officers and employees in cities having a population of more than 150,000, so as to provide for a refund of contributions by members made for months for which no pen sion credit accrues; and for other purposes.

TUESDAY, FEBRUARY 26, 1963

475

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 29. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 30. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act to repeal an act relating to pensions for members of the Police Department in cities having a population of 150,000; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 31. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act relating to the treasurer in cities having a popu lation of more than 150,000; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

476

JOURNAL OP THE SENATE,

HB 32. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000; and for other purposes.

The report 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 33. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act to repeal an act relating to pensions for members of the police department in cities having a population of more than 150,000, and relating to the treasurer; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 138. By Mr. Knight of Berrien:
A bill to repeal and supersede an act incorporating the Town of Enigma; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 138 by striking from Section 18 the following:
"ad valorem tax on all real and personal property within the corporate limits of said city not exceeding five (5) per centum thereof,",
and inserting in lieu thereof the following:

TUESDAY, FEBRUARY 26, 1963

477

"an ad valorem tax not exceeding one and 50/100 ($1.50) dol lars on each one hundred ($100.00) dollars value of all real and personal property within the corporate limits of said city."

Amend HB 138, Section 23, by inserting between the words "ren dering" and "communication" the words "electric power or" so that when amended said Section 23 will read as follows:

"Be it further enacted by the authority aforesaid, that the mayor and council may by ordinance, rules, and regulations provide for the examination and licensing of all builders, electricians, pipe fitters, plumbers, and other tradesmen before such builders, electricians, plumbers, and other tradesmen, shall do any building, electrical work, or plumbing in said city, provided, however, that the provi sions of this Section and the provisions of this Act shall not be con strued to authorize the adoption of codes concerning, or the exami nation of those concerned with, or the inspection of, the installation, repair or maintenance of electric wires or equipment by or for a utility rendering electric power or communication services and re quired by it to be utilized in the rendition of its duly authorized service to the public."

On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 260. By Mr. Perry of Evans:
A bill to amend an act authorizing and directing the proper authorities of the County of Evans having charge of the fiscal affairs of said county to pay the ordinary of Evans County a monthly allowance in addition to the fees and compensation now allowed; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 48, nays 0.

478

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

HB 169. By Mr. Sangster of Dooly:
A bill to amend, consolidate, create, revise and supersede the several acts incorporating the Town of Pinehurst in Dooly County; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 169 by striking section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The corporate limits of the City of Pinehurst shall extend one-half (%) of one (1) mile directly to the north, west, south and east from the point designated by a marker at the center of the location where the depot of the Georgia Southern and Florida Railroad Company was located in the year, 1895; the north and south boundary of said corporate limits running east and west and the west and east boundary running north and south and more par ticularly described as follows:
"Beginning at a marker at the center of the location where the depot of the Georgia Southern and Florida Railroad Company was located in the year, 1895, and running due north for one-half (%) mile; thence due west for one-half (%) mile; thence due south for one (1) mile; thence due east for one (1) mile; thence due north for one (1) mile; and thence due west for one-half (%) mile to the point that is one-half (%) mile due north of the marker at the center of the location where the depot of the Georgia Southern and Florida Railroad Company was located in the year, 1895."
By striking Section 5 in its entirety and inserting in lieu thereof, a new Section 5 to read as follows:
"Section 5. The general elections for the elections of City offi cials of the City of Pinehurst shall be held annually on the second Monday in December beginning in the year, 1963. Any other provi sion or provisions of this Act to the contrary notwithstanding, the present Mayor of the Town of Pinehurst, W. L. Home, shall serve his term of office and said W. L. Home is hereby appointed Mayor of the City of Pinehurst to hold the said office until the first Monday in January, 1964. On the second Monday in December 1963 and every two (2) years thereafter there shall be an election for Mayor for the City of Pinehurst and the person so elected at such election and qualified shall each serve a term of two (2) years beginning on the first Monday in January of the year immediately following such election. Any other provision or provisions of this Act to the con trary notwithstanding, the following three (3) present councilmen of the Town of Pinehurst W. A. Snelling, Jr., W. A. Leaptrot and

TUESDAY, FEBRUARY 26, 1963

479

M. C. Peavy, Jr. shall serve their terms of office and said W. A. Snelling, Jr., W. A. Leaptrot and M. C. Peavy, Jr. are hereby ap pointed Councilmen of the City of Pinehurst to hold the said offices until the first Monday in January, 1964. On the second Monday of December, 1963, and every two (2) years thereafter there shall be an election for three (3) Councilmen for the City of Pinehurst and the persons so elected at such election shall each serve a term of two (2) years beginning on the first Monday in January of the year immediately following such election and for the purpose of electing said three (3) Councilmen, their offices shall be designated as Posi tion 1, Position 2 and Position 3 and in all elections held to elect successors to said positions, any person qualifying shall designate the position to or for which he or she is seeking or offers to be elected. Any other provision or provisions of this Act to the contrary notwithstanding, the remaining three (3) present Councilmen of the Town of Pinehurst J. E. Roberts, V. L. Daniels and Raymond E. Davis shall serve their terms of office and said J. E. Roberts, V. L. Daniels and Raymond E. Davis are hereby appointed Councilmen of the City of Pinehurst to hold the said offices until the first Mon day of January in 1965. On the second Monday of December, 1964, and every two (2) years thereafter there shall be an election for three (3) Councilmen for the City of Pinehurst and the persons so elected at such election shall each serve a term of two (2) years beginning on the first Monday in January of the year immediately following such election and for the purpose of electing said three (3) Councilmen, their offices shall be designated as Position 4, Posi tion 5 and Position 6 and in all elections held to elect successors to said positions, any person qualifying shall designate the position to or for which he or she is seeking or offers to be elected.

"The Mayor and six (6) Councilmen named herein and those hereafter elected shall serve until their successors are elected and qualified. The purpose and intent of this Section is to provide for a Mayor whose term of office shall be for two (2) years and six (6) Councilmen with staggered terms of two (2) years each."

By striking the last sentence of the first paragraph of Section 57 which reads as follows:

"The said city is authorized to exempt from tax or license or both any new business or enterprise coming to and locating in Pine hurst, however, this exemption cannot exceed five (5) years."

in its entirety.

By striking from Section 76 the words "Fullington Avenue" and inserting in lieu thereof the words "Haslam Avenue".

On the adoption of the amendment, the ayes were 37, nays 0.

The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.

480

JOURNAL OP THE SENATE,

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 181. By Mr. Bynum of Rabun:
A bill to amend an act consolidating the offices of tax receiver and tax collector of Rabun County into the office of Tax Commissioner of Rabun County, so as to provide a clerk 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 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 185. By Messrs. Smith and Mitchell of Whitfield:
A bill to amend the charter of the City of Dalton, establishing the cor porate 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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 233. By Mr. Reaves of Brooks:
A bill creating a Small Claims Court in certain counties having a popu lation of not less than 15,230 and not more than 15,825; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, FEBRUARY 26, 1963

481

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 239. By Mr. Bowen of Toombs:
A bill to amend an act incorporating the City of Lyons; and for other purposes.

The report 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 240. By Mr. Bowen of Toombs:
A bill to amend an act incorporating the City of Lyons, 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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 243. By Mr. Deen of Bacon:
A bill to create a Board of Commissioners of Roads and Revenues for Bacon County, to provide for dividing said county into commission dis tricts; and for other purposes.

The report 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.

482

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

HB 244. By Messrs. Plournoy, Teague and Wilson of Cobb:
A bill to create the Cobb County Planning Department; to provide for a planning engineer; and for other purposes.

The report 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 249. By Mr. Tabb of Miller:
A bill to amend an act incorporating the City of Colquitt; and for other purposes.

The report 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 263. By Messrs. Payton and Blalock of Coweta: A bill to amend an act changing the compensation of the sheriff, the ordinary and the clerk of the Superior Court of Coweta County from the fee system to the salary system; so as to change the clerical expense authorization for the office of ordinary; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 26, 1963

483

HB 256. By Messrs. Pickard, Jones and Dicus of Muscogee:
A bill to authorize certain cities to become self insurers; to limit the amounts and coverages of self insurance; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 253. By Messrs. Matthews and Bedgood of Clarke:
A bill to amend an act relating to the charter of the Town of Athens, so as to provide that the Mayor or Mayor Pro Tem, and any six Alder men shall constitute a quorum for the transaction of any business before the 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 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 250. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act placing the ordinary of Clayton County on a salary basis in lieu of a fee basis, so as to provide for a change in the compensation of the ordinary 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 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.

484

JOURNAL OP THE SENATE,

HB 273. By Mr. Sinclair of Macon:
A bill to amend an act establishing a City Court of Oglethorpe, in the County of Macon, so as to increase the salary of the judge of the City Court from $2,400.00 per annum to $3,600.00 per annum; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 274. By Messrs. Echols and Caldwell of Upson:
A bill creating a new charter for the City of Thomaston; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 40, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 275. By Messrs. Echols and Caldwell of Upson: A bill to amend an act creating a new charter for the City of Thomaston, so as to change and extend the present corporate limits; and for other purposes.
The report 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.

TUESDAY, FEBRUARY 26, 1963

485

HB 278. By Messrs. Harris, Mackay and Rutland of DeKalb:
A bill to amend an act creating a new charter for the City of Chamblee, so as to authorize the mayor and council to increase and change the sanitary taxes now authorized to be levied, and to vary the rate of such taxes from time to 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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 264. By Messrs. Payton and Blalock of Coweta:
A bill to amend an act creating a new charter for the City of Newnan, so as to increase the compensation of the mayor and members of the Board of Aldermen; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 285. By Messrs. Ballard and Morgan of Newton:
A bill to consolidate the offices of tax receiver and tax collector of Newton County into the office of Tax Commissioner of Newton 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 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

486

JOURNAL OP THE SENATE,

HB 286. By Messrs. Coker and Pope of Cherokee:
A bill to amend an act establishing a salary system for the sheriff, the clerk of the Superior Court, the tax commissioner and ordinary of Chero kee 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 287. By Mr. Brantley of Candler: A bill to amend an act to provide for the creation of a Board of Roads and Revenues Commissioners in and for the County of Candler; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 292. By Mr. Tucker of Burke: A bill to create the Burke 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 26, 1963

487

HB 293. By Mr. Jones of Worth:
A bill to amend an act to create a new charter for the City of Sylvester, so as 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 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 295. By Mr. Jones of Worth:
A bill to amend an act to create a new charter for the City of Sylvester, so as to enlarge the city limits; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 318. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act providing in Fulton County a system of pensions and retirement pay to teachers and employees of the Board of Educa tion, so as to provide additional pension benefits to certain former teach ers and employees; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

488

JOURNAL OF THE SENATE,

HB 303. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations gov erning the payments of pensions to county employees of Fulton County; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:

Amend HB 303 as follows:
By striking in its entirety the first unnumbered paragraph of sub section (g), Section I of said bill and inserting in lieu thereof a new first unnumbered paragraph in subsection (g) of Section I, to read as follows:
"(g) In addition to the payments required to be made in sub section (f) above any present officer or employee who may become a participant under this amendment shall be entitled to all benefits and receive credit for all the years of his prior creditable service, including years of service credited to him for employment by the State of Georgia or municipalities located in whole or in part in Fulton County, provided he shall pay into the pension fund the sum of 6% of his total salary up to a maximum monthly salary of $1,000.00 from the time his salary exceeded $300.00 per month which said total payment includes payment for a pension to a beneficiary. All payments previously made by such officer or employee to the Fulton County Pension Plan shall be deducted from the total amount due in arriving at the total sum of 6% referred to above."
By striking subsection (j), Section I, of said bill in its entirety and inserting in lieu thereof a new subsection (j), Section I, which shall read as follows:
"The monthly pensions paid hereunder shall be examined by the Comptroller of Fulton County.
"In the event that such examination discloses either underpay ment or overpayment made to any pensioner, the Fulton County Pension Board shall balance the account of such person by paying or crediting the pensioner with the amount of any underpayment or collecting from him the amount of any overpayment as the case may be."
On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.

TUESDAY, FEBRUARY 26, 1963

489

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed, as amended.

HB 319. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act authorizing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations gov erning the payment of pensions to county employees, so as to provide additional pension benefits to certain former officers and employees; and for other purposes.

The Committee on County and Municipal Governments offered the following substitute:
A BILL
An act to amend an act entitled "An act authorizing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to county em ployees . . . and for other purposes", approved March 3, 1939 (Ga. L. 1939, pp. 571-579) and the several acts amendatory thereof, so as to provide additional pension benefits to certain former officers and em ployees; to provide the option of continuing in the Fulton County pension plan to certain members who become employees of the State of Georgia or one of its agencies but who continue to perform duties in Fulton County or for the government or citizens of Fulton County; to provide alternate pension benefits to those members not choosing to exercise their option to continue in the pension plan; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY THE AUTHORITY OF THE SAME that the act entitled "An act authorizing the Board of Commis sioners of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to county employees . . . and for other purposes", approved March 3, 1939 (Ga. L. 1939, pp. 571579) and the several acts amendatory thereof, be further amended as follows:
SECTION I. A. Pension payments due to former officers and employees who have retired as a matter of right prior to April 1, 1955, and who have to their credit twenty-five years or more of active service with said county and have been awarded pensions under the terms of this act as amended, shall have their pensions recomputed on the following basis:
(1) There shall be paid a basic pension of one-half the average monthly salary paid to such former officers and employees during the

490

JOURNAL OF THE SENATE,

last three years of their active service not to exceed, however, the sum of $150.00 per month for such persons.

(2) In addition to the basic pension provided in the preceding subparagraph, there shall be paid the sum of $5.00 per month for each full year's active service in excess of twenty-five years. The record kept in the office of the comptroller shall be conclusive as to the time served.

(3) The aggregate of all pension benefits payable to former officers and employees under the provisions of this act shall be limited in that same shall not exceed seventy-five (75%) per cent of the average month ly salary paid to such officer or employee for the last year of employ ment in active service.

B. Former officers and employees who retired prior to April 1, 1955 but who had less than twenty-five years of active service with said county, but who have been awarded pensions under the terms of this act as heretofore amended, shall be paid that proportion of the basic pension provided in paragraph 1 of subsection A of Section I above as the length of their service, measured in full years of service, bears to twenty-five years.

C. This section shall not be effective to, nor be construed to, confer eligibility for a pension upon any former officers or employee who was not eligible for a pension under the provisions of this Act in effect on the date of the retirement, resignation or other withdrawal from service of such former officer or employee.

D. This section shall be effective as of January 1, 1963.

SECTION II.
Any member of this Retirement System on the date of passage of this act who shall hereafter be transferred to employment by the State of Georgia or one of its agencies and whose salary thereupon is paid in whole or in part by the State of Georgia, but who nevertheless continues to perform his duties in Fulton County or for the government or citizens of Fulton County, may at the election in writing, of such employee, remain a member of this retirement system, provided such employee shall pay monthly that sum, or permit to be deducted from any sums due him by Fulton County, an amount equal to that contribution which would be required of such employee had he remained an employee of Fulton County, based on the rate of compensation paid him by Fulton County at the end of the calendar year next preceding such transfer, and thereupon shall be eligible for and subject to the conditions, lia bilities and benefits of this Act; provided further, that should such employee elect not to remain a member of the pension system provided by this act and shall not make the contribution required of him under this amendment, all rights and interest of such employee under this act and prior to this amendment shall remain to his credit until such em ployee shall reach the age of retirement as provided in this act and shall actually retire from employment by the State of Georgia, at which time such employee shall become eligible for such retirement pay as his credited service with Fulton County (but not with the State of Georgia)

TUESDAY, FEBRUARY 26, 1963

491

would entitle him to receive. Payment for such credit shall be made notwithstanding that the years of credit may be less than the minimum otherwise required for pension benefits.

SECTION III.

All laws or parts of laws in conflict herewith be and the same are hereby repealed.
SECTION IV.

A copy of the Notice of Intention to Apply for Local Legislation is attached hereto and made a part of this bill.

On the adoption of the substitute, the ayes were 40, 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 40, nays 0.

The bill, having received the requisite constitutional majority, was passed, by substitute.

HR 47. By Messrs. Overby and Williams of Hall:
A resolution authorizing and directing the State Librarian to furnish certain law books to the judge of the Superior Court of Hall 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 43, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 90. By Messrs. Griffin and Conger of Decatur: A resolution authorizing the State Librarian to furnish to the Superior Court of Decatur County certain enumerated volumes of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports; and for other purposes.

492

JOURNAL OF THE SENATE,

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

On the adoption of the resolution, the ayes were 43, nays 0.

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

The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:

SB 1. By Senator Kidd of the 25th:
A bill to declare it unlawful for any person charged with commission of a criminal offense to forfeit bond and fail to appear in court, espe cially if he shall fail to appear because of leaving for another state; and for other purposes.
The Committee on Judiciary offered the following substitute:
An act to provide that it shall be unlawful for any person to leave, move, travel or abscond beyond the territorial limits of the State of Georgia with intent to avoid confinement after conviction of a violation of any of the criminal laws of the State of Georgia; to provide a pen alty; to provide the venue for the prosecution of any violation of this act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. It shall be unlawful for any person to leave, move, travel or abscond beyond the territorial limits of the State of Georgia with intent to avoid confinement after conviction of a violation of any of the criminal laws of the State of Georgia.
Section 2. Any person who shall violate the provisions of Section 1 of this act shall be guilty of a felony and upon conviction therefor shall be punished by imprisonment in the penitentiary for a period of not less than two (2) years nor more than five (5) years.
Section 3. The prosecution for any violation of this act shall be in the county in which the original offense was alleged to have been com mitted or in which the offender was alleged to have been in confinement unless a change of venue is granted by the court on motion by the de fendant.
Section 4. All laws and parts of laws in conflict with this act are hereby repealed.

TUESDAY, FEBRUARY 26, 1963

493

On the adoption of the substitute, the ayes were 31, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.

On the passage of the bill, the ayes were 26, nays 4.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Kidd of the 25th gave notice that at the proper time he would move to reconsider SB 1.

SB 53. By Senator Kidd of the 25th:
A bill to fix the situs of any motorboat required to be registered or licensed by the Georgia Motorboat Numbering Act, to provide the return of boats for the purpose of taxation; and for other purposes.

Senator Kidd of the 25th moved that SB 53 be indefinitely postponed.

On the motion, the ayes were 28, nays 0, and the motion prevailed.

SB 74. By Senator Byrd of the 17th:
A bill to amend chapter 92-6 of the Code of Georgia, relating to returns to tax receivers, so as to provide for making tax returns by mail; and for other purposes.

The report 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 83. By Senator Pannell of the 54th: A bill to provide an alternate method for furnishing of Survivors' Bene fits for the eligible members of the Employees' Retirement System of Georgia; and for other purposes.

494

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 39, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 84. By Senator Pannell of the 54th:
A bill to provide an alternate method for furnishing of Survivors' Bene fits for the eligible members of the Employees' Retirement System of Georgia; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 34, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 100. By Senator Gayner of the 5th:
A bill to provide for a secretary for the judge of the Superior Court of the Brunswick Judicial Circuit; to provide for the method of payment of such secretary by the counties of said circuit; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 102. By Senator Carlton of the 21st: A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", approved Jan. 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, so as to provide that any person may stop and park a school bus on any road to discharge passengers who are teachers, stu dents, or employees of a school; and for other purposes.

TUESDAY, FEBRUARY 26, 1963

495

The report 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 148. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A bill to amend an act providing retirement benefits for the clerks of the Superior Courts of this State, so as to provide for investments to author ize employment of agents for advisory 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 259. By Mr. Ballard of Newton: A bill to provide that highways on the National System of Interstate and Defense Highways shall be and constitute State-aid roads and highways and highways of the system of highways of the State of Georgia; and for other purposes.
Senator Smalley of the 28th asked unanimous consent that HB 259 be post poned to February 27, 1963.
The consent was granted.
HB 279. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens: A bill to amend an act prescribing the procedure for the exercise of the power of eminent domain by 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.

496

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 280. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty and others:
A bill to amend an act entitled the "Georgia Rural Roads Authority Act", so as to change the membership of said Authority; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 281. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty, Andrews of Stephens and Rutland of DeKalb:
A bill to amend an act creating the offices of State Highway Board, so as to provide that the Director of the Department shall not constitute the Georgia State Highway 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 35, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 282. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty, Andrews of Stephens and Rutland of DeKalb: A bill to amend an act entitled the "State Toll Bridge Authority Act", so as to change the membership of the Authority; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, FEBRUARY 26, 1963

497

On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 283. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty, Andrews of Stephens and Rutland of DeKalb:
A bill to amend an act entitled the "Georgia State Highway Authority Act", so as to change the membership of said Authority; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HE 106. By Mr. Herndon of Appling: A resolution to relieve Troy Hartley as security on a bond; and for other purposes.
The report of the committee, which was favorable to the adoption of the reso lution, was agreed to.
On the adoption of the resolution, the ayes were 34, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following bill of the Senate was taken up for the purpose of considering the report of a Committee of Conference thereto:
SB 5. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th: A bill to authorize the State and all its agencies, within constitutional limitations, to make available, in certain, instances, services, assistance, funds, property and etc., to counties and municipalities who consolidate and merger; and for other purposes.

498

JOURNAL OF THE SENATE,

The report of the Committee of Conference was as follows:

Your Committee on Conferences has met and recommends as follows:

That the House recede from its position as to the House Amendment to Section 1., which is as follows:
"Provided that in the event any agencies are consolidated under this act and the governing authority of either political subdivision affected under said consolidation desire to terminate same, it shall have the right to terminate same upon 30 days' notice to the state agency and the other subdivisions involved. Upon the expiration of said 30 day period, said consolidation shall stand dissolved as if never in effect.";
That the Senate recede from its position on the following amend ment:
"to amend Senate Bill No. 5 by striking the word "or" in line 2, on page 2 and inserting in lieu thereof the word "and" and to amend the caption accordingly.";
We respectfully request that the Conference Committee Report be made the action.
/s/ Bolton of Spalding /s/ Busbee of Dougherty /s/ Andrews of Stephens /s/ Pannell of 54th District /s/ Gayner of 5th District /s/ Loggins of 53rd District
February 25, 1963

Senator Pannell of the 54th moved that the report of the Committee of Con ference on SB 5 be adopted.

On the motion to adopt, the ayes were 34, nays 0, and the report was adopted.
Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative 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 chair man, to report the same back to the Senate as correct and ready for transmission to the House of Representatives:

SB 65. SR 53. SR 54. SR 55.

TUESDAY, FEBRUARY 26, 1963

499

Respectfully submitted, Pelham of 10th District, Chairman.

The following resolution of the House was taken up for the purpose of con sidering House action thereto:

HR 21. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution creating the "Governor's Commission to Improve Educa tion"; to provide for appointment of members thereof and their tenure and expenses; to define the duties and powers of said Commission; and for other purposes.

Senator Pannell of the 54th moved that the Senate insist on its position in amending HR 21, and that a Committee of Conference be appointed.

The president appointed as a Committee of Conference on the part of the Senate the following:

Senators Pannell of the 54th, Gayner of the 5th and Webb of the llth.

Senator Pannell of the 54th moved that the Senate do now adjourn until 10:30 tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 10:30 tomorrow morning.

500

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,

Wednesday, February 27, 1963.

The Senate met pursuant to adjournment at 10:30 o'clock this morning, and was called to order by the president.
Scripture reading was offered by Reverend Robert C. Daniel, pastor, Crawford Avenue Baptist Church, Augusta, Georgia.
Prayer was offered by Reverend Albert Hall, pastor, St. Paul Methodist Church, Columbus, Georgia.

By unanimous consnet, the call of the roll was dispensed with.

Senator Kidd of the 25th moved that the following bill of the Senate be re considered:

SB 1. By Senator Kidd of the 25th:
A bill to declare it unlawful for any person charged with commission of a criminal offense to forfeit bond and fail to appear in court, especially if he shall fail to appear because of leaving for another state; to provide penalties; and for other purposes.

On the motion to reconsider, the ayes were 28, nays 0.

The motion prevailed, and SB 1 was placed on the calendar.

Senator Oliver of the 4th reported that the journal of yesterday's proceedings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Pannell of the 54th 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.

WEDNESDAY, FEBRUARY 27, 1963

501

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 House, to-wit:

HB 48. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, and Andrews of Stephens:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1963 and the fiscal year beginning July 1, 1964 and ending June 30, 1965; to make and provide such appropriations for the operation of the State Government; and for other purposes.

The following bills and resolutions were introduced, read the first time and referred to committees:

SB 113. By Senator Kidd of the 25th:
A bill to provide for the use of voting machines for casting, recording, and computing ballots at all elections, including primaries in any and all counties in the State of Georgia; and for other purposes.
Referred to Committee on Judiciary.

SB 114. By Senator Kidd of the 25th:
A bill to establish and create the Civil and Criminal Court of Baldwin County, Georgia, in lieu of the County Court of Baldwin County; and for other purposes.
Referred to Committee on County and Municipal Governments.

502

JOURNAL OF THE SENATE,

SB 115. By Senator Downing of the 1st:
A bill to provide that a creditor who has used the process of garnishment to collect an open account from a debtor shall be stopped from using such process of garnishment against same debtor for a period of five years; and for other purposes.
Referred to Committee on Judiciary.

SB 116. By Senator Carlton of the 21st:
A bill relating to the transfer of registered real estate between husband and wife; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 117. By Senators Gayner of the 5th and Coggin of the 35th:
A bill to provide for the establishment of a division in the Department of Labor to be known as the "Safety Division"; and for other purposes.
Referred to Committee on Industry and Labor.

SB 118. By Senator Wesberry of the 37th:
A bill effecting a complete revision of the laws of this State relating to the qualifications and registration of voters, so as to change the time within which voters registration lists shall be closed; and for other pur poses.
Referred to Committee on Judiciary.

SB 119. By Senator Searcey of the 2nd:
A bill relating to the Savannah District Authority by defining its powers, duties and jurisdiction, conferring additional powers and authorities; and for other purposes.
Referred to Committee on County and Municipal Governments.

SR 57. By Senator Wesberry of the 37th:
A resolution proposing an amendment to the Constitution so as to change the residency requirements for voters; and for other purposes.
Referred to Committee on Rules.

SR 58. By Senator Searcey of the 2nd:
A resolution proposing to the qualified voters of the State of Georgia an amendment to Article V, Section 7, Paragraph 2, of the Constitution of the State of Georgia, and recreating the Savannah District Authority as a constitutional authority; and for other purposes.
Referred to Committee on Rules.

WEDNESDAY, FEBRUARY 27, 1963

503

HB 48. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1963 and the fiscal year beginning July 1, 1964 and ending June 30, 1965; to make and provide such appropriations for the operation of the State Government; and for other purposes.
Referred to Committee on Appropriations.

The following bills and resolutions were read the second time:
SB 109. By Senator Heard of the 29th: A bill to define "Motor-vehicle liability policy"; and for other purposes.
SB 110. By Senator Kidd of the 25th: A bill to exempt drugs or medicines which are used as a component part of feed for livestock or poultry; and for other purposes.
SB 111. By Senator Fuqua of the 22nd: A bill to authorize the fixing of a qualification fee for candidates in a special election for certain county offices; and for other purposes.
SB 112. By Senator Miller of the 50th: A bill incorporating and creating a new charter for the City of Jasper, so as to change the corporate limits of said city; and for other purposes.
SR 56. By Senator Webb of the llth: A resolution creating the Congressional Districts Study Committee; and for other purposes.
HB 68. By Mr. Ponsell of Ware: A bill to consolidate and abolish the offices of the tax collector and tax receiver of Ware County; to create the office of the Tax Commissioner of Ware County; and for other purposes.
HB 157. By Mr. Etheridge of Fulton: A bill to provide that notice of excavation of a public way be given public utilities; to provide that return notice be made by public utilities desig nating the location of facilities in such public way; to provide for pen alty for violation of this act; and for other purposes.

504

JOURNAL OP THE SENATE,

HB 191. By Mr. Mackay of DeKalb:
A bill to amend an act relating to the receipt of stock certificates of bank stock, so as to provide methods of receipt; and for other purposes.

HB 193. By Messrs. Mackay and Harris of DeKalb: A bill to amend an act relating to the regulation of the banking industry, so as to provide for the relocation of the main office, bank office or bank facility within a city, town or village; and for other purposes.
HB 194. By Messrs. Mackay and Harris of DeKalb: A bill to amend an act relating to applications for amendments to bank charters, so as to change the vote of stockholders required to authorize a change in the location of the office of the bank; and for other purposes.
HB 195. By Messrs. McClelland and Etheridge of Fulton: A bill to amend an act establishing a new charter for the City of College Park, relating to the Recorders Court; and for other purposes.
HB 197. By Messrs. McClelland and Etheridge of Pulton: A bill to amend an act establishing a new charter for the City of College Park, relating to the budget; and for other purposes.
HB 261. By Messrs. McClelland and Etheridge of Pulton: A bill to amend an act establishing a new charter for the City of College Park, relating to the salary of the mayor of the City of College Park; and for other purposes.
HB 276. By Messrs. Killian and Isenberg of Glynn: A bill to amend an act creating the City Court of Brunswick, so as to change the compensation of the solicitor; and for other purposes.
HB 277. By Messrs. Killian and Isenberg of Glynn: A bill to amend an act establishing a salary system for the coroner of Glynn County; and for other purposes.
HB 333. By Mr. Mullis of Bleckley: A bill to consolidate the offices of tax receiver and tax collector of Bleck ley County into the one office of tax commissioner of Bleckley County; and for other purposes.

WEDNESDAY, FEBRUARY 27, 1963

505

HB 349. By Mr. Johnson of Warren:
A bill to place the sheriff of the Superior Court of Warren County on a salary in lieu of the fee system; and for other purposes.

HB 354. By Messrs. Matthews and Bedgood of Clarke, Smith of Habersham and Wells of Oconee:
A bill to amend an act relating to the larceny of motor vehicles and punishment therefor; and for other purposes.

HB 366. By Messrs. Alien and Branch of Tift: A bill to further define and prescribe the purposes, powers and duties of the Tift County Development Authority; and for other purposes.
HB 367. By Messrs. Stalnaker and Peterson of Houston: A bill to amend an act creating a Board of County Commissioners for the County of Houston; and for other purposes.
HB 368. By Messrs. Peterson and Stalnaker of Houston: A bill to amend an act creating and incorporating the City of Centerville, so as to increase the maximum salary of the mayor and councilmen; and for other purposes.
HB 370. By Mr. Rodgers of Charlton: A bill to provide that the governing authority of Charlton County shall be authorized to supplement the compensation of all county employees; and for other purposes.
HB 371. By Mr. Rodgers of Charlton: A bill to amend an act. creating a Board of Commissioners of Roads and Revenues for the County of Charlton so as to reduce the number of members of the Board to three members; and for other purposes.
HB 373. By Mr. Perry of Evans: A bill to amend an act to fix the compensation of the clerk of the Superior Court of Evans County; and for other purposes.
HB 374. By Mr. Perry of Evans: A bill to amend an act to fix the compensation of the clerk of the Superior Court of Evans County; and for other purposes.

506

JOURNAL OF THE SENATE,

HB 375. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act establishing fire prevention districts in Clayton County, so as to provide for a tax on the property located in fire preven tion districts; and for other purposes.

HB 376. By Messrs. Lee and Blalock of Clayton: A bill to amend an act to incorporate the City of Forest Park, so as to extend the corporate city limits; and for other purposes.
HB 377. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act incorporating the Town of Forest Park, so as to provide payment of group insurance premiums for city employees of the City of Forest Park; and for other purposes.

HB 378. By Messrs. Lee and Blalock of Clayton:
A bill to repeal the act incorporating the Town of Lovejoy, so as to change the name to the City of Lovejoy; and for other purposes.

HB 379. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act incorporating the City of Morrow; and for other purposes.

HB 381. By Messrs. Dicus, Pickard and Jones of Muscogee: A bill to amend an act relating to the charter of the City of Columbus; and for other purposes.
HB 382. By Messrs. Dicus, Jones and Pickard of Muscogee: A bill to create for the City of Columbus a Board of Commissioners to be known as "Medical Center Board of Commissioners"; and for other purposes.
HB 383. By Messrs. Dicus, Pickard and Jones of Muscogee: A bill to amend the "Housing Authorities Law" in counties having a population of not less than 115,000 and not more than 125,000; and for other purposes.
HB 384. By Messrs. Wilson, Teague and Flournoy of Cobb: A bill to provide a salary for the official full time court reporter of the Cobb Judicial Circuit in lieu of fees for criminal cases; and for other purposes.

WEDNESDAY, FEBRUARY 27, 1963

507

HB 385. By Messrs. Tucker and Clark of Catoosa, Floyd of Chattooga, Hale of Dade, Snow and Abney of Walker:
A bill to amend an act creating the Lookout Judicial Circuit, so as to pro vide for clerical assistance for the Solicitor-General of the Lookout Mountain Judicial Circuit; and for other purposes.

HB 386. By Messrs. Etheridge and McClelland of Fulton:
A bill to amend an act relating to the qualifications of applicants for admission to the practice of law and relating to the residence require ments of applicants for admission to the practice of law; and for other purposes.

HB 389. By Messrs. Groover, Laite and House of Bibb:
A bill to amend an act re-enacting the charter of the City of Macon, relating to the clerk of the Recorder's Court; and for other purposes.

HB 390. By Messrs. Groover, Laite and House of Bibb:
A bill to amend an act to re-enact the charter of the City of Macon, relating to the powers of the Recorder's Court; and for other purposes.

HB 393. By Mr. Parker of Screven:
A bill to incorporate and to grant a new charter to the City of Sylvania; and for other purposes.

HR 45. By Messrs. Teague, Flournoy and Wilson of Cobb: A resolution compensating Mrs. Mollie B. Lane; and for other purposes.

HR 61. By Mr. Knight of Berrien: A resolution to compensate Irvin David Suggs; and for other purposes.

HR 94. By Mr. Kirkland of Tattnall: A resolution to compensate Miss Sarah Lynn Rountree; and for other purposes.
HR 116. By Mr. Wilson of Cobb: A resolution to compensate Alien J. Faulkner; and for other purposes.

508

JOURNAL OF THE SENATE,

The hour for convening the joint session of the Senate and House having arrived, the president, accompanied by the secretary and the senators, proceeded to the hall of the House of Representatives for the joint session called for the purpose of hearing a message by Honorable Monroe Kimbrel, president, American Bankers' Association.

The doorkeeper announced His Excellency, Honorable Carl E. Sanders, Gov ernor, the distinguished guest and his committee of escort at the door and awaited the pleasure of the General Assembly.

The president directed the doorkeeper to admit the distinguished guests, and they were admitted.

The resolution convening the joint session was read by the secretary.

Governor Carl E. Sanders introduced Honorable Monroe Kimbrel who ad dressed the General Assembly.

Senator Pannell of the 54th moved that the joint session be now dissolved, and the motion prevailed.

The president announced the joint session dissolved.

The senators returned to the Senate chamber and resumed the regular order of business.

The following committee reports were submitted, and read by the secretary:

Mr. Loggins of the 53rd District, Chairman of the Committee on Public Utili ties and Transportation, submitted the following report:
Mr. President:
Your Committee on Public Utilities and Transportation has had under con sideration the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 21. Do Pass, as Amended. SB 22, Do Pass, as Amended. SB 23. Do Pass.

WEDNESDAY, FEBRUARY 27, 1963

509

SB 88. Do Pass. SB 90. Do Pass. SB 89. Do Pass. SB 91. Do Pass. SB 93. Do Pass.

Respectfully submitted, Loggins of 53rd District, Chairman.

Mr. Carter of the 14th District, Secretary 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 has instructed me, as Secretary, to report the same back to the Senate with the following recommendations:

HB 112. Do Pass. HB 254. Do Pass.

Respectfully submitted, Carter of 14th District, Secretary.

Mr. Brown of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:

Mr. President:

Your Committee on County and Municipal Governments has had under con sideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:

HB 262. Do Pass.

Respectfully submitted, Brown of 34th District, Chairman.

The following general bills, favorably reported by the committes, were read the third time, and put upon their passage:

510

JOURNAL OF THE SENATE,

HB 254. By Mr. Melton of Spalding:
A bill to amend an act relating to compensation of members of county boards of education, so as to authorize payment of per diem and reim bursement of expenses incurred by a member meeting or traveling as a member of a committee of a county board of education on business first authorized by the Board; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 132. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution to ratify the Executive Order of the Governor dated March 9, 1962, suspending the collection of any income tax attributable to the disallowance of the use of any of the methods of depreciation authorized in Section 179 of the Federal Internal Revenue Code of 1954 on returns until next meeting of the General Assembly; and for other purposes.

The report of the committee, which was favorable to the adoption of the reso lution, 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 259. By Mr. Ballard of Newton: A bill to provide that highways on the National System of Interstate and Defense Highways shall be and constitute State-aid roads and highways and highways of the system of highways of the State of Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, FEBRUARY 27, 1963

511

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 112. By Mr. Dean of Polk:
A bill to authorize excused absences from the public schools for those children serving as pages for the General Assembly of Georgia during the school year; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 37, nays 1.

The bill, having received the requisite constitutional majority, was passed.
HR 133. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens: A resolution to ratify the Executive Order of the Governor suspending collection of income tax attributable to the inclusion of amounts re ceived as subsistence allowances; and for other purposes.
The report of the committee, which was favorable to the adoption of the reso lution, was agreed to.
On the adoption of the resolution, the ayes were 40, nays 4.
The resolution, having received the requisite constitutional majority, was adopted.
SR 52. By Senator Pannell of the 54th: A resolution amending Rule 198 of the Rules of the Senate by adding one member to the Committee on County and Municipal Governments and to the Committee on Business, Trade and Commerce, for the 1963 Ses sion; and for other purposes.
The report of the committee, which was favorable to the adoption of the reso lution, was agreed to.

512

JOURNAL OF THE SENATE,

On the adoption of the resolution, the ayes were 34, nays 0.

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

HB 316. By Mr. Conner of Jeff Davis:
A bill to amend an act relating to the salary of the Comptroller General, so as to provide for the compensation of the Comptroller 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 28, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 262. By Mr. Payton of Coweta:
A bill to amend an act changing the compensation of the sheriff, the ordinary and the 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 28, nays 0.

The bill, having received the requisite constitutional majority, was passed.
The following resolution was taken up for the purpose of considering House amendments thereto:
SR 9. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th: A resolution creating the "Governor's Commission for Efficiency and Improvement in Government"; to provide for the appointment of mem bers thereof; and for other purposes.

WEDNESDAY, FEBRUARY 27, 1963

513

The House amendments were as follows:

Mr. Wilkes of Cook moved to amend SR 9 as follows: By inserting at the end of the first sentence of section 5 thereof the words "Not to exceed $75,000 in any fiscal year".
Mr. Wilkes of Cook moved to amend SR 9 in the last sentence of section 2 by striking the next to last word "the" and inserting the fol lowing words: "him by the".
Mr. Bolton of Spalding moved to amend SR 9 as follows: By adding in the title before the words "to repeal conflicting laws", the words "to provide for a merit system and retirement and insurance". By adding a new section to be known as section 9 which shall read as follows:
"Section 9. The Commission is hereby authorized to promul gate a merit system of employment under which its personnel shall be selected on a basis of merit. All personnel employed by the Com mission are hereby authorized to be members of the Employees Re tirement System of Georgia, and shall be entitled to participate in the State Employees Health Insurance Plan. The funds necessary for participation in the above shall come from the funds provided for hereinafter."
By renumbering the present sections 9 and 10 as sections 10 and 11 respectively.

Senator Pannell of the 54th moved that the Senate disagree with the House amendments to SR 9, and that a Committee of Conference be appointed.

On the motion to disagree, the ayes were 30, nays 0, and the motion prevailed.

The president appointed as a Committee on Conference on the part of the Senate the following:

Senators Pannell of the 54th, Gayner of the 5th and Webb of the llth.

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative 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 chair-

514

JOUENAL OF THE SENATE,

man, to report the same back to the Senate as correct and ready for transmission to the House of Representatives:
SB 5. SB 49. SB 51. SB 52. SB 74. SB 83. SB 84. SB 87. SB 100. SB 102. SB 104. SB 105.
Respectfully submitted, Pelham of 10th District, Chairman.

The following resolution was read and adopted:

HR 162. By Messrs. Bolton of Spalding, Ware of Troup and many, many others: A resolution expressing regrets at the hospitalization of the Honorable George T. Smith and Mrs. Smith, and wishing them a speedy recovery; and for other purposes.

SB 98. By Senator Fuqua of the 22nd: A bill to amend Code title 109A, known as the "Uniform Commercial Code", so as to define a public sale; and for other purposes.

Senator Pannell of the 54th moved that SB 98 be postponed until February 28th, and the motion prevailed.

Senator Pannell of the 54th moved that the Senate do now adjourn until 11:00 o'clock tomorrow morning, and the motion prevailed.
The president announced the Senate adjourned until 11:00 o'clock tomorrow morning.

THURSDAY, FEBRUARY 28, 1963

515

Senate Chamber, Atlanta, Georgia,

Thursday, February 28, 1963.

The Senate met pursuant to adjournment at 11:00 o'clock this morning, and was called to order by the president.
Scripture reading was offered by Reverend Rudolph Dixon, pastor, George town Methodist Church, Georgetown, Georgia.
Prayer was offered by Reverend Albert Bruce, pastor, Second Avenue Meth odist Church, Rome, Georgia.

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

Senator Gordy of the 15th reported that the journal of yesterday's proceed ings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Pannell of the 54th 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:

616

JOURNAL OF THE SENATE,

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House, to-wit:

HB 416. By Messrs. Waldrop and Duncan of Carroll:
A bill to amend an act creating a charter for the City of Bowdon; and for other purposes.

HB 414. By Messrs. Branch and Alien of Tift:
A bill to amend an act repealing the charter then existing of the City of Tifton and providing for a new charter for the City of Tifton, so as to provide that the minimum age of voting shall be 18 years; and for other purposes.

HB 413. By Messrs. Alien and Branch of Tift:
A bill to amend an act repealing the then existing charter of the City of Tifton and providing an additional charter for the City of Tifton, relating to salaries of the Commissioners; and for other purposes.

HB 412. By Messrs. Branch and Alien of Tift:
A bill to amend an act repealing the charter then existing in the City of Tifton and providing a new charter for the City of Tifton, so as to provide that the Commissioners of said city shall have the power to place water pipes and sewer lines in the streets; and for other purposes.

HB 408. By Messrs. Lee and Blalock of Clayton:
A bill to authorize the establishment of a civil service system in Clayton County for employees of Clayton County; and for other purposes.

HB 407. By Messrs. Lee and Blalock of Clayton:
A bill to authorize any counties in this state having a population of between 46,000 and 47,000 to establish a law library; and for other pur poses.

HB 405. By Mr. Singer of Stewart:
A bill to amend an act creating a new charter for the City of Lumpkin; and for other purposes.

THURSDAY, FEBRUARY 28, 1963

517

HB 394. By Messrs. Conner of Jeff Davis, Wilkes of Cook, and others:
A bill to amend an act relating to the various kind of insurance, limits of risks, and reinsurance, so as to provide that no automobile liability insurance policy shall be issued unless coverage is provided therein for the protection of the insured against uninsured vehicle; and for other purposes.

HB 369. By Mr. Rodgers of Charlton:
A bill to change the terms of the Superior Court of Charlton County of the Waycross Judicial Circuit; and for other purposes.

HB 356. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, so as to change the corporate limits of said city; and for other purposes.

HB 174. By Mr. Simmons of Banks: A bill to amend an act creating the Piedmont Judicial Circuit, so as to change the terms of court in the County of Banks; and for other pur poses.
HB 228. By Mr. Jones of "Worth: A bill to establish a small claims court in counties having a certain population; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House:
HB 160. By Mr. Sangster of Dooly: A bill to amend, consolidate, create, revise and supersede the several acts incorporating the Town of Pinehurst, in Dooly County; and for other purposes.
HB 55. By Messrs. Richardson, Shea and Funk of Chatham: A bill to create The Steamship "Savannah" Commission, a body cor porate and politic and a public corporation of the State; and for other purposes.
HB 138. By Mr. Knight of Berrien: A bill to repeal and supersede an act incorporating the Town of Enigma; and for other purposes.

518

JOURNAL OF THE SENATE,

HB 303. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations govern ing the payments of pensions to county employees of Fulton County; and for other purposes.

The House has adopted the following resolution of the Senate:

SR 53. By Senator Downing of the 1st:
A resolution urging the Budget Bureau to make funds available to acquire and maintain the Battleship Missouri; and for other purposes.

The House has adopted the following resolutions of the House:

HR 170. By Mr. Lee of Clinch:
A resolution urging construction of a bridge across the Okefenokee Swamp connecting State Highway 177; and for other purposes.

HR 171. By Messrs. Busbee, Odoni and Lee of Dougherty, Conger of Decatur, and Twitty of Mitchell:
A resolution urging the construction of all five dams of the Flint River Complex; and for other purposes.

The following bills and resolutions were introduced, read the first time, and referred to Committees:

SB 120. By Senator Carlton of the 21st:
A bill incorporating the City of Swainsboro so as to increase the cor porate limits of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 121. By Senator Downing of the 1st:
A bill to provide that the month of February shall be designated as American History Month in the State of Georgia; to repeal conflicting laws; and for other purposes.
Referred to Committee on Educational Matters.

THURSDAY, FEBRUARY 28, 1963

519

SB 122. By Senators Maclntyre of the 40th, Brewer of the 39th, Johnson of the 38th, Coggin of the 35th, Wesberry of the 37th, Brown of the 34th, and Salome of the 36th:
A bill establishing a new charter for the City of Roswell, so as to change the corporate limits of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 123. By Senators Broun of the 46th, Pennington of the 45th, Owens of the 49th, Carter of the 14th, and Ellis of the 44th:
A bill to promote the safety, convenience and enjoyment of public travel and the free flow of intrastate and interstate commerce; to control the erection and maintenance of outdoor advertising signs, displays and devices adjacent to the National System of Interstate and Defense High ways in Georgia; and for other purposes.
Referred to Committee on Rules.

SR 60. By Senator Miller of the 50th:
A resolution proposing an amendment to the Constitution, so as to au thorize scholarships for dental students; to provide the procedure con nected therewith; and for other purposes.
Referred to Committee on Rules.

HB 174. By Mr. Simmons of Banks:
A bill to amend an act creating the Piedmont Judicial Circuit, so as to change the terms of court in the County of Banks; and for other pur poses.
Referred to Committee on County and Municipal Governments.

HB 228. By Mr. Jones of Worth: A bill to establish a small claims court in counties having a population of not less than 15,900 and not more than 16,700; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 356. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, so as to change the corporate limits of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.

520

JOURNAL OP THE SENATE,

HB 369. By Mr. Rodgers of Charlton:
A bill to change the terms of the Superior Court of Charlton County of the Waycross Judicial Circuit; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 394. By Messrs. Conner of Jeff Davis, Wilkes of Cook, Jones of Worth, Fowler of Douglas, Ware of Troup, Echols of Upson and Shea of Chatham:
A bill relating to the various kinds of insurance, limits of risks, and reinsurance, so as to provide that no automobile liability insurance policy shall be issued unless coverage is provided therein for the protection of the insured against uninsured vehicle; and for other purposes.
Referred to Committee on Rules.

HB 405. By Mr. Singer of Stewart:
A bill to amend an act creating a new charter for the City of Lumpkin; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 407. By Messrs. Lee and Blalock of Clayton:
A bill to authorize any counties in this State having a population of between 46,000 and 47,000 to establish a law library; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 408. By Messrs. Lee and Blalock of Clayton:
A bill to authorize the establishment of a Civil Service System in Clayton County for employees of Clayton County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 412. By Messrs. Branch and Alien of Tift:
A bill to amend an act repealing the charter then existing in the City of Tifton and providing a new charter for the City of Tifton, so as to pro vide that the commissioners of said city shall have the power to place water pipes and sewer lines in the streets; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 413. By Messrs. Alien and Branch of Tift:
A bill to amend an act repealing the then existing charter of the City of Tifton and providing an additional charter for the City of Tifton, relat ing to salaries of the commissioners; and for other purposes.
Referred to Committee on County and Municipal Governments.

THURSDAY, FEBRUARY 28, 1963

521

HB 414. By Messrs. Branch and Alien of Tift:
A bill to amend an act repealing the charter then existing of the City of Tifton and providing for a new charter for the City of Tifton, so as to provide that the minimum age of voting shall be 18 years; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 416. By Messrs. Waldrop and Duncan of Carroll:
A bill to amend an act creating a charter for the City of Bowdon; and for other purposes.
Referred to Committee on County and Municipal Governments.

Senator Byrd of the 17th asked unanimous consent that the following resolu tion of the House be recalled to the Senate:

HR 44. By Messrs. Perry of Marion and King of Chattahoochee:
A resolution to designate a highway as the Clarke W. Duncan Highway; and for other purposes.

The following bills and resolutions were read the second time:

SB 113. By Senator Kidd of the 25th: A bill to provide for the use of voting machines for casting, recording, and computing ballots at all elections, including primaries in any and all counties in the State of Georgia; and for other purposes.
SB 114. By Senator Kidd of the 25th: A bill to establish and create the Civil and Criminal Court of Baldwin County, Georgia, in lieu of the County Court of Baldwin County; and for the other purposes.
SB 115. By Senator Downing of the 1st: A bill to provide that a creditor who has used the process of garnishment to collect an open account from a debtor shall be estopped from using such process of garnishment against same debtor for a period of five years; and for other purposes.
SB 116. By Senator Carlton of the 21st: A bill relating to the transfer of registered real estate between husband and wife; to repeal conflicting laws; and for other purposes.

522

JOURNAL OF THE SENATE,

SB 117. By Senators Gayner of the 5th and Coggin of the 35th:
A bill to provide for the establishment of a division in the Department of Labor to be known as the "Safety Division"; and for other purposes.

SB 118. By Senator Wesberry of the 37th:
A bill effecting a complete revision of the laws of this State relating to the qualifications and registration of voters, so as to change the time within which voters registration lists shall be closed; and for other pur poses.

SB 119. By Senator Searcey of the 2nd: A bill relating to the Savannah District Authority by defining its pow ers, duties and jurisdiction, conferring additional powers and authori ties; and for other purposes.
SR 57. By Senator Wesberry of the 37th: A resolution proposing an amendment to the Constitution so as to change the residency requirements for voters; and for other purposes.
SR 58. By Senator Searcey of the 2nd: A resolution proposing to the qualified voters of the State of Georgia an amendment to Article V, Section 7, Paragraph 2, of the Constitution of the State of Georgia, and recreating the Savannah District Authority as a constitutional authority; and for other purposes.
HB 48. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens: A bill to make and provide appropriations for the fiscal year beginning July 1, 1963 and the fiscal year beginning July 1, 1964 and ending June 30, 1965; to make and provide such appropriations for the operation of the State Government; and for other purposes.
The following committee reports were submitted and read by the secretary:
Mr. Brown of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments has had under con sideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommenda tions :

THURSDAY, FEBRUARY 28, 1963

523

SB 59. Do Pass. SB 103. Do Pass. SB 112. Do Pass. HB 101. Do Pass. HB 110. Do Pass. HB 136. Do Pass. HB 195. Do Pass. HB 196. Do Pass. HB 197. Do Pass. HB 198. Do Pass. HB 236. Do Pass. HB 237. Do Pass. HB 261. Do Pass. HB 276. Do Pass. HB 277. Do Pass. HB 329. Do Pass. HB 333. Do Pass. HB 334. Do Pass. HB 335. Do Pass. HB 337. Do Pass. HB 338. Do Pass. HB 339. Do Pass. HB 341. Do Pass. HB 342. Do Pass. HB 343. Do Pass. HB 353. Do Pass. HB 357. Do Pass. HB 363. Do Pass, as Amended. HB 367. Do Pass. HB 368. Do Pass. HB 370. Do Pass.
HB 371. Do Pass. HB 373. Do Pass. HB 374. Do Pass.

524

JOURNAL OF THE SENATE,

HB 375. Do Pass, by Substitute. HB 376. Do Pass. HB 377. Do Pass.
Respectfully submitted, Brown of 34th District, Chairman.

Mr. Brown of the 34th 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 378. Do Pass. HB 379. Do Pass. HB 381. Do Pass. HB 382. Do Pass. HB 383. Do Pass. HB 389. Do Pass. HB 390. Do Pass. HB 393. Do Pass, as Amended.
Respectfully submitted, Brown of 34th District, Chairman.

Mr. Knox of the 24th District, Chairman of the Committee on Highways, sub mitted the following report:
Mr. President:
Your Committee on Highways 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 252. Do Pass, as Amended. HB 157. Do Pass, as Amended. HR 108. Do Pass.

THURSDAY, FEBRUARY 28, 1963

525

HR 100. Do Pass. HB 126. Do Pass.

Respectfully submitted, Knox of 24th District, Chairman.

Mr. Smalley of the 28th 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 44. Do Pass, by Substitute. SB 64. Do Pass, by Substitute. SB 107. Do Pass, by Substitute. SB 116. Do Pass. HB 40. Do Pass, by Substitute. HB 208. Do Pass. HB 235. Do Pass. HB 246. Do Pass. HB 386. Do Pass, as Amended.
Respectfully submitted, Smalley of 28th District, Chairman.

Mr. Pannell of the 54th District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. President:
Your Committee on Rules 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 37. Do &ot Pass.

526

JOURNAL OF THE SENATE,

SR 56. Do Pass. HB 17. Do Pass.

Respectfully submitted, Pannell of 54th District, Chairman.

Mr. Miller of the 50th 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 289. Do Pass. HB 142. Do Pass.
Respectfully submitted, Miller of 50th District, Chairman.

Mr. McWhorter of the 43rd 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 bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 106. Do Pass. Respectfully submitted, McWhorter of 43rd District, Chairman.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted 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:

THURSDAY, FEBRUARY 28, 1963

527

HB 153. Do Pass. HB 190. Do Pass, as Amended. HB 156. Do Pass, by Substitute.
Respectfully submitted, Rowan of 8th District, Secretary.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The following resolution of the House was returned at the request of the Senate, in order that a technical error might be corrected.

HR 44. By Messrs. Perry of Marion and King of Chattahoochee:
A resolution to designate a highway as the Clarke W. Duncan Highway; and for other purposes.

The following local, uncontested bills and resolutions, favorably reported by the committee, were read the third time, and put upon their passage:

SB 59. By Senator Moore of the 31st:
A bill to create the Cedartown Development Authority; to provide the powers, authority, funds, purposes, organization and procedures con nected therewith; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 103. By Senators Salome of the 36th, Brown of the 34th, Johnson of the 38th, Wesberry of the 37th and Coggin of the 35th: A bill relating to the abolition of justice courts and establishing certain other courts in the City of Atlanta; and for other purposes.

528

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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 112. By Senator Miller of the 50th: A bill incorporating and creating a new charter for the City of Jasper, so as to change the corporate limits of said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 17. By Messrs. Etheridge, Brooks and McClelland of Fulton: A bill to amend an act entitled "An act to amend the Voters' Registra tion Act", so as to provide that county registrars appointed by county authorities shall retain their civil service status; and for other purposes.
The report 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 101. By Mr. Bowen of Randolph: A bill to amend, consolidate and supersede the several acts of the Gen eral Assembly pertaining to the City of Cuthbert, in the County of Ran dolph; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, FEBRUARY 28, 1963

529

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 110. By Messrs. Towson and Knight of Laurens:
A bill to create the City of Dublin and County of Laurens 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 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 136. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A bill to amend an act providing for pensions 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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 195. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act establishing a new charter for the City of College Park, relating to the Recorders Court; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 38, nays 0.

530

JOURNAL OP THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

HB 196. By Messrs. Etheridge and McClelland of Pulton:
A bill to amend an act establishing a new charter for the City of Atlanta, so as 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 33, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 197. By Messrs. McClelland and Etheridge of Pulton: A bill to amend an act establishing a new charter for the City of College Park, relating to the Budget; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 198. By Messrs. McClelland and Etheridge of Fulton: A bill to amend an act establishing a new charter for the City of Atlanta relating to the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 28, 1963

531

HB 236. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities, so as to provide that any officer, employee, or beneficiary in case of death, shall be refunded all contributions made by him on monthly earnings in excess of monthly earnings necessary to arrive at the maxi mum pension allowable; and for other purposes.

The report 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 237. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, relating to annual reports; and for other purposes.

The report 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 261. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act establishing a new charter for the City of College Park, relating to the salary of the mayor of 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 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.

532

JOURNAL OF THE SENATE,

HB 276. By Messrs. Killian and Isenberg of Glynn:
A bill to amend an act creating the City Court of Brunswick, so as to change the compensation of the solicitor; and for other purposes.

The report 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 277. By Messrs. Killian and Isenberg of Glynn: A bill to amend an act establishing a salary system for the coroner 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 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 284. By Messrs. Ballard and Morgan of Newton: A bill to place the sheriff of the Superior Court of Newton County on a salary in lieu of the fee system; and for other purposes.
Senator Pennington of the 45th offered the following amendment:
Amend HB 284, section 1, by striking the words and figures "ten thousand ($10,000.) dollars", in the third line of said section, and insert ing in lieu thereof the words and figures "nine thousand ($9,000) dol lars".
Amend HB 284, by striking section 2 in its entirety and substituting in lieu thereof the following section:
"Section 2. The Sheriff shall be authorized to hire or appoint one (1) chief deputy to assist him in the performance of his duties; and the chief deputy shall be compensated from the funds of Newton County in the sum of four hundred ($400) dollars per month. The Sheriff shall also be furnished a deputy-jailor, who shall be compen sated in the sum of Three Hundred and Thirty ($330) dollars per month from county funds."

THURSDAY, FEBRUARY 28, 1963

533

On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
HB 329. By Messrs. Pope and Coker of Cherokee: A bill to amend an act creating the office of commissioner of Roads and Revenues for the County of Cherokee, so as to change the compensation of the 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 42, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 333. By Mr. Mullis of Bleckley: A bill to consolidate the offices of tax receiver and tax collector of Bleck ley County into the one office of Tax Commissioner of Bleckley County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

534

JOURNAL OP THE SENATE,

HB 334. By Mr. Mullis of Bleckley:
A bill to amend an act relating to the salaries of county officers of Bleck ley County, so as to change the compensation of the ordinary of Bleckley County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 335. By Mr. Mullis of Bleckley: A bill to amend an act creating the office of Commissioner of Roads and Revenues for the County of Bleckley, so as to change the compensation of the Commissioner of Roads and Revenues; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 337. By Mr. Fowler of Douglas: A bill to amend an act creating a new charter for the City of Douglasville; and for other purposes.
The report 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.

THURSDAY, FEBRUARY 28, 1963

535

HB 338. By Mr. Fowler of Douglas:
A bill to create the Douglas County Study Commission for the purpose of making a thorough examination of all the needs and problems of Douglas County and to make specific recommendations as to the most expedient method to improve Douglas County in the future; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 339. By Messrs. Laite, Groover and House of Bibb:
A bill to amend an act to re-enact the charter of the City of Macon so as to describe new territory to become a part 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 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 341. By Messrs. Lowrey and Jordan of Floyd:
A bill to amend an act changing the compensation of Floyd County offi cers from a fee system to a salary system, and relating to uniforms for the sheriff and his deputies; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.

536

JOURNAL OF THE SENATE,

HB 342. By Messrs. Lowrey and Jordan of Floyd:
A bill to amend an act changing the compensation of Floyd County offi cers from a fee to a salary system, so as to authorize an additional deputy sheriff for $385.00 per month; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 343. By Messrs. Spikes and Ware of Troup: A bill to amend an act creating the Civil and Criminal Court of Troup County, so as to provide that the judge may require sureties on personal appearance 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 349. By Mr. Johnson of Warren: A bill to place the sheriff of the Superior Court of Warren County on salary in lieu of the 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 37, nays 0.
The bill, having received the requisite constitutional majority, was" passed.

THURSDAY, FEBRUARY 28, 1963

537

HB 353. By Messrs. Spikes and Ware of Troup:
A bill to amend an act creating a new charter for the City of West Point, so as to provide for a Board of City Registrars; and for other purposes.

The report 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 357. By Mr. Sangster of Dooly:
A bill to amend an act creating a new charter for the City of Vienna, so as to empower its governing authorities to prescribe by ordinance the assessment of ad valorem tax on all classes of 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 363. By Messrs. Ponsell and Dixon:
A bill to create a Board of Commissioners of Roads and Revenues in the County of Ware; and for other purposes.

The Committee on County and Municipal Governments offered the following amendments:
Amend HB 363 by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. The Board of Commissioners of Roads and Reve nues of Ware County shall be composed of five (5) members to be elected as hereinafter provided. For the purpose of electing such

538

JOURNAL OF THE SENATE,

members, Ware County is hereby divided into three (3) commissioner districts.

"Commissioner District No. 1 shall be composed of militia dis trict #1082 (Glenmore), militia district #1490 (Manor), militia dis trict #1256 (Mill-wood), militia district #451 (Waresboro), militia district #1060 (Bickley), militia district #1669 (Beach), militia district #1030 (Heywood), and militia district #1372 (Jamestown).

"Commissioner District No. 2 shall be composed of that portion of militia district #1231 (Waycross) which lies without the corpo rate limits of the City of Waycross and militia district #1404 (Broganza).

"Commissioner District No. 3 shall be one district representing corporate City of Waycross."

"The Board of Commissioners of Roads and Revenues of Ware County shall be composed of one member from Commissioner Dis trict No. 1 and one member from Commissioner District No. 2 and two members from Commissioner District No. 3 and one member from the county at large. Any person offering as a candidate to represent a commissioner district on the Board must be a resident of the district from which he offers, and he shall be elected by a majority of the qualified voters voting in such election from the entire county. The member of the Board from the county at large shall run from the county at large and shall be elected by a majority of the qualified voters voting in such election from the entire county. Any person, in order to be eligible for membership on the Board, must be at least twenty-five (25) years of age, must have been a bona fide resident and citizen of Ware County for two (2) years immediately preceding the date of his election, and must be quali fied and registered to vote in Ware County for the members of the General Assembly. At the general election held in 1964, those can didates offering for election to such vacancies as exist on the Board shall be elected and shall serve as hereinafter provided. The mem bers of the Board of Commissioners of Roads and Revenues shall elect annually, at the first meeting of each year, one of the Board members to serve as chairman."

Amend HB 363 by adding in the title before the words "to repeal conflicting laws" the words "to provide for a referendum".

By striking Section 19 in its entirety and inserting a new Section 19 to read as follows:

"Section 19. Not less than ________ nor more than ____ 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 Ware County to issue the call for an election for the purpose of submitting this act to the voters of Ware County for approval or rejection. The Ordinary shall set the date of such election for a day not less than -_..-- nor more than _______ days after the date of the issuance of the

THURSDAY, FEBRUARY 28, 1963

539

call. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Ware County. The ballot shall have written or printed thereon the words:

"For approval of the act of the General Assembly of Georgia creating a Board of Commissioners of Roads and Revenues in the County of Ware, and for abolishing the one-man Commissioner form of government.

"Against approval of the act of the General Assembly of Geor gia creating a Board of Commissioners of Roads and Revenues in the County of Ware, and against abolishing the one-man Commis sioner form of government."

"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 one-half or more of the votes cast on such question are for approval of the act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Ware County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regula tions as govern general elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State."

On the adoption of the amendments, the ayes were 37, nays 0, and the amend ments were 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 367. By Messrs. Stalnaker and Peterson 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.

540

JOURNAL OP THE SENATE,

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 368. By Messrs. Peterson and Stalnaker of Houston:
A bill to amend an act creating and incorporating the City of Cartersville, so as to increase the maximum salary of 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 b'ill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 370. By Mr. Rodgers of Charlton: A bill to provide that the governing authority of Charlton County shall be authorized to supplement the compensation of all county 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 371. By Mr. Rodgers of Charlton: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Charlton so as to reduce the number of mem bers of the Board to three 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.

THURSDAY, FEBRUARY 28, 1963

541

The bill, having received the requisite constitutional majority, was passed.

HB 373. By Mr. Perry of Evans:
A bill to amend an act to fix the compensation of the clerk of the Supe rior 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 374. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act incorporating the City of Lake City, so as to change the corporate 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 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 376. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act to incorporate the City of Forest Park, so as to extend the corporate 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 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 377. By Messrs. Lee and Blalock of Clayton: A bill to amend an act incorporating the Town of Forest Park, so as to provide payment of group insurance premiums for city employees of the City of Forest Park; and for other purposes.

542

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 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 375. By Messrs. Lee and Blalock of Clayton: A bill to amend an act establishing fire prevention districts in Clayton County, so as to provide for a tax on the property located in fire preven tion districts; 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 approved February 16, 1962 (Ga. Laws 1962, p. 2257), providing for the establishment of fire protec tion districts in Clayton County, so as to provide for a tax on the prop erty located in such districts; to further define such fire protection dis tricts; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An act establishing fire prevention districts in Clayton County, approved February 26, 1962 (Ga. Laws 1962, p. 2257), is hereby amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. In any fire prevention district which votes for levy ing such taxes, the governing authorities of Clayton County may levy up to five mills on all real and personal taxable property lo cated within such district. The funds collected under this levy shall be used only for fire prevention purposes and only in the fire pre vention district that voted for such levy."
Section 2. That said act approved February 26, 1962, be further amended by striking the period at the end of Section 1 thereof, inserting a colon and the following:
"Provided, however, that no property in Clayton County forming a part of the Atlanta Municipal Airport shall be included in any such fire prevention district and nothing contained in this act shall be construed to require Clayton County or any fire prevention dis trict of Clayton County or any municipality in Clayton County to furnish fire protection to any portion of said Atlanta Municipal

THURSDAY, FEBRUARY 28, 1963

543

Airport or any property located on or forming a part of said Atlanta Municipal Airport."

so that said Section 1 as amended shall read as follows:

"Section 1. Pursuant to a Constitutional amendment relative to the establishment of fire prevention districts in Clayton County (Ga. L. 1960, p. 1206), the governing authorities of the County of Clayton are hereby authorized to establish and administer, within the bounds of the County of Clayton, districts for fire prevention. In establishing such district the governing authority may prescribe such bounds for said district, from time to time, as the governing authorities shall deem advisable: Provided, however, that no prop erty in Clayton County forming a part of the Atlanta Municipal Airport shall be included in any such fire prevention district and nothing contained in this act shall be construed to require Clayton County or any fire prevention district of Clayton County or any municipality in Clayton County to furnish fire protection to any portion of said Atlanta Municipal Airport or any property located on or forming a part of said Atlanta Municipal Airport."

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 37, nays 0.

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 378. By Messrs. Lee and Blalock of Clayton:
A bill to repeal an act incorporating the Town of Lovejoy, so as to change the name to the City of Lovejoy; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 48, nays 0.

544

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

HB 379. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act incorporating the City of Morrow; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 382. By Messrs. Dicus, Jones and Pickard of Muscogee:
A bill to create for the City of Columbus a Board of Commissioners to be known as "Medical Center Board 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 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 381. By Messrs. Dicus, Pickard and Jones of Muscogee:
A bill to amend an act relating to the charter of the City of Columbus; and for other purposes.

The report 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.

THURSDAY, FEBRUARY 28, 1963

545

HB 383. By Messrs. Dicus, Pickard and Jones of Muscogee:
A bill to amend the "Housing Authorities Law" in counties having a population of not less than 115,000 and not more than 125,000; 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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 389. By Messrs. Groover, Laite and House of Bibb:
A bill to amend an act re-enacting the charter of the City of Macon, relating to the clerk of the Recorder's Court; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 390. By Messrs. Groover, Laite and House of Bibb: A bill to amend an act to re-enact the charter of the City of Macon, relating to the powers of the Recorder's Court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 393. By Mr. Parker of Screven: A bill to incorporate and to grant a new charter to the City of Sylvania;, and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:

546

JOURNAL OF THE SENATE,

Amend HB 393 by striking section 22 in its entirety and inserting in lieu thereof a new section 22 to read as follows:

"Section 22. The office of mayor and three seats on the city council, presently filled by a mayor and councilmen whose terms expire on December 31, 1963, shall be filled for an initial period of three years or until December 31, 1966, in an election to be held on Thursday after the first Monday in December, 1963, and thereafter said three council seats and the office of mayor shall be filled by elections for terms of four years. The three seats on the city coun cil, the terms of which expire on December 31, 1964, shall be filled by an election to be held on Thursday after the first Monday in December, 1964, for four year terms all of which shall expire on December 31, 1968.

"After the expiration of the terms of three members of the city council and the mayor all of which terms shall expire on December 31, 1966, all seats on the city council shall then be filled by election for a term of four years for the mayor and all city councilmen."

By striking section 48 in its entirety and inserting in lieu thereof a new section 48 to read as follows:

"Section 48. Election for mayor and council. On Thursday after the first Monday in December of each even numbered year, except as set out in Section 22, there shall be held in the City of Sylvania at some public place designated by the mayor and councilmen, a general election to fill vacancies in the offices of mayor and coun cilmen, whose terms of office shall be for four years concurrent with the calendar year. Any qualified person seeking election as mayor or councilman in such election shall file notice of his intention to be a candidate with the clerk of council at least two weeks prior to such election, before noon. Should there for any cause fail to be an election at the time specified, the mayor and council, shall order an election to be held and shall post a notice of the time of such election in the City of Sylvania at the public place designated by the mayor and councilmen for at least ten days previous thereto. At all such elections the polls shall not be opened earlier than seven o'clock a.m., and shall close at seven o'clock p.m. All elections shall be held by a justice of the peace, or ordinary of Screven County, assisted by two or more freeholders, all of whom shall be citizens of said city and own real estate therein, and each of said managers before en tering upon his duties shall take and subscribe before some officer qualified to administer an oath, or before each other, the following oath: 'We, and each of us, do swear that we will faithfully and im partially conduct this election and prevent illegal voting to the best of our skill and power so help us God.' Such election shall be con ducted under the rules and regulations governing elections for mem bers of the General Assembly, except that only two lists of voters and two tally sheets shall be kept.

On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted.

THURSDAY, FEBRUARY 28, 1963

547

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 48, nays 0.

The bill, having received the requisite constitutional majority, was passed, as amended.

Senator Oliver of the 4th asked unanimous consent that HB 393 be immedi ately transmitted to the House.

The consent was granted.

HR 42. By Mr. Dean of Polk:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Rockmart Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article V, Section IX, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"There is hereby created a body corporate and politic to be known as the 'Rockmart Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a pub lic corporation, its scope and jurisdiction to be limited to the terri tory embraced within a radius of seven (7) miles as measured from the center of the City of Rockmart. The City may contract with the Authority as a public corporation as provided by the Constitution of Georgia.
"The members of the Authority, their qualifications, terms and method of election or appointment, shall be prescribed by law by the General Assembly. The Authority shall have such duties, pow ers, and authority as shall be prescribed by law and the General Assembly may pass all other necessary legislation for the imple mentation of this amendment.

548

JOURNAL OF THE SENATE,

"All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from State and local taxation. The ex emption from taxation herein provided shall not extend to tenants nor lessees of the Authority.

"The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and the interest of the obligations of the City of Rockmart.

"Said Authority is created for the purpose of developing, pro moting and expanding for the public good and general welfare, in dustry, agriculture, commerce, natural resources, and vocational training and for the making of long range plans for the coordina tion of such development, promotion and expansion within its terri torial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia or the City of Rockmart. The Authority is created for nonprofit pur poses and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created.

"No building or facility acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than 30 years from the day of transfer of possession. The lessee or purchaser shall be required to pay all cost of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all indebtedness, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking."
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 Rockmart Development Authority.

"Against ratification of amendment to the Constitution so as to create the Rockmart Development Authority."

THURSDAY, FEBRUARY 28, 1963

549

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment; and all persons desir ing to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the reso lution, 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:

Brewer Brown of 34th Carter Coggin Conway Downing Ellis Fincher Fuqua Gordy Hall Harrison Heard Holloway

Hunt Johnson of 42nd Kendrick Lee Maclntyre McKinnon McWhorter Noble Oliver Owens Pannell Pennington Phillips Plunkett

Rowan Salome Scott Searcey Smalley Smith Spinks Tribble Webb Wesberry Yancey Young Zorn

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 ma jority, was adopted.

HR 58. By Mr. Brown of Hart:

550

JOURNAL OF THE SENATE,

A RESOLUTION

Proposing an amendment to the Constitution so as to create the Hart County Industrial Building Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article V, Section IX of the Constitution is hereby amended by add ing at the end thereof a new paragraph which shall read as follows:
"A. There is hereby created a body corporate and politic in Hart County to be known as the Hart County Industrial Building Authority, which shall be an instrumentality of Hart County and a public corporation and which in this amendment is hereafter re ferred to as the 'Authority';
"B. The Authority shall consist of five (5) members, one of whom shall be the Chairman of the Board of Finance of Hart Coun ty; one of whom shall be the Mayor of the City of Hartwell; one of whom shall be the President of the Chamber of Commerce of Hart County, or its successor and two of whom shall be appointed by the three other members first above mentioned.
"(1) The terms of office of the members who are the Chairman of the Board of Finance of Hart County, the Mayor of the City of Hartwell and the President of the Chamber of Commerce of Hart County or its successor shall run concurrently with their respective tenures of such offices in said bodies, and their respective successors in such offices shall succeed them as members of the said Authority.

"(2) The two members initially appointed by the three other members first above mentioned shall be appointed for terms of five years. The respective successors of said two members shall be ap pointed for terms of five years and the said two members shall be eligible for reappointment. In the event of the death or resignation of either one of said appointed members, the successor shall be ap pointed by the remaining members for the balance of the unexpired term. No vacancy shall impair the power of the Authority to act.

"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Hart County.

"D. The powers of the Authority shall include, but not be lim ited to the power:

THURSDAY, FEBRUARY 28, 1963

551

"(1) To receive and administer gifts, grants and donations and to administer trusts;

"(2) To borrow money, to issue notes, bonds and revenue cer tificates, to execute trust agreements or indentures, and to sell,
convey, mortgage, pledge and assign any and all of its funds, prop erty and income as security therefor;

"(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

"(4) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;

"(5) To encourage and promote the expansion and development of industrial and commercial facilities in Hart County so as to re lieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Hart County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabri cating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, ma chinery and equipment. Such acquisition may be through the acqui sition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building;

"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations.

If sold, the purchase price may be paid at one time or in install ments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all cost of operating and maintaining the building or build ings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the un dertaking.
"(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(8) To designate officers to sign and act for the Authority generally or in any specific matter;

552

JOURNAL OF THE SENATE,

"(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated;

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Hart County.

"F. The members of the Authority shall receive no compensa tion for their services to the Authority;

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Author ity and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761) as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Au thority may be pledged, mortgaged, conveyed, assigned, hypothe cated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or con dition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Hart County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Hart County.

"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building ac quired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.

"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that the under taking for which the bonds are to be issued will increase employ ment in Hart County.

"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or cor porations shall at any time be used for entertainment, or other pro motional expenses.

"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by

THURSDAY, FEBRUARY 28, 1963

553

the Authority at the time of such dissolution shall revert to Hart County subject to any mortgages, liens, leases or other encum brances outstanding against or in respect to said property at that time.

"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Hart County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with ref erences to the Authority shall be liberally construed for the accom plishment of these purposes.

"M. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.

"N. The General Assembly may by law further define and pre scribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Hart County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdic tion of the Authority nor the scope of its operations beyond such limits."
SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been enterd 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 Hart Industrial Building Authority.

"Against ratification of amendment to the Constitution so as to create the Hart Industrial Building Authority."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing to vote against the adoption of the proposed amendment shall vote against ratification.

If a majority of the electors qualified to vote for members of the General Assembly voting thereon in Hart County shall vote for ratifi-

554

JOURNAL OF THE SENATE,

cation thereof, this 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 election for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain 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 reso lution, 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:

Brewer Brown of 34th Carter Coggin Conway Downing Ellis Fincher Fuqua Gordy Hall Harrison Heard
Holloway

Hunt Johnson of 42nd Kendrick Lee Maclntyre McKinnon McWhorter Noble Oliver Owens Pannell Pennington Phillips
Plunkett

Eowan Salome Scott Searcey Smalley Smith Spinks Tribble Webb Wesberry Yancey Young Zorn

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 ma jority, was adopted.

HR 85. By Mr. McDonald of White:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide for the election of members of the Board of Education of White County by the people; to provide their qualifications; to provide their terms of office; to provide the procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

THURSDAY, FEBRUARY 28, 1963

555

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1

Article VIII, Section V, Paragraph I of the Constitution, relating to the County Boards of Education, is hereby amended by adding at the end thereof the following:
"The Board of Education of White County shall be composed of five (5) members, of which one shall be Chairman, to be elected by the voters of the entire county. For the purpose of electing such members, White County is hereby divided into four (4) Education Districts. Education District No. 1 shall be composed of all the area within Militia District No. 861 (Mount Yonah). Education District No. 2 shall be composed of all the area within Militia Districts No. 1441 (White Creek) and 426 (Mossy Creek). Education District No. 3 shall be composed of all the area within Militia Districts No. 721 (Blue Creek) and 427 (Nacoochee) and 1497 (Chattahoochee). Edu cation District No. 4 shall be composed of all the area within Militia Districts No. 558 (Tesnatee) and 1439 (Blue Ridge) and 836 (Town Creek) and 862 (Shoal Creek).
One member from each of the four (4) Education Districts shall be elected by the voters of the entire county, but in order to be eligible to represent a district on the board, the person must be a resident of said district. If a member removes his residence from the district that he represents, the remaining members of the board shall immediately declare that a vacancy exists and shall fill such vacancy as provided for hereinafter. No person shall be eligible to serve as a member of the Board who has not been a resident of White County for twelve (12) months, and who has not been a resi dent of the district in which he or she qualifies for at least six (6) months immediately preceding the date of his election to such board. The Chairman of the Board may be a resident of any of the militia districts in said county but shall have been a resident of White County for twelve (12) months immediately preceding the date of his or her election to such board.
Not later than ten (10) days after the ratification of this amend ment it shall be the duty of the Ordinary of White County to issue the call for an election for the purpose of electing the members of the Board of Education of White County. The day of such election shall be set for a day not less than thirty (30) nor more than fortyfive (45) days from the date of issuance of the call thereof. It shall be the duty of the Ordinary to publish the date of the election, the purpose thereof, and a brief description of the procedure connected therewith at least once immediately preceding the date thereof in the official organ of White County. A person offering to run for the office of Chairman of the Board shall so designate he is running for said office at the time he qualifies. The Chairman of the Board shall serve for a term of four (4) years; the two members receiving the largest number of votes shall serve for a term of four (4) years and the remaining two members shall serve for a term of two (2)

556

JOURNAL OF THE SENATE,

years. Members elected at such election shall take office January 1, 1965, and their term of office shall expire on December 31st of the last year of their respective terms. The successors to such members shall be elected for a term of four (4) years and shall be elected at the same time elections are held to fill vacancies in other State and county offices.

Any vacancy which occurs on the Board within 45 days of the next general election, or if the term of office in which such vacancy occurs shall expire within 60 days after the next general election, shall be filled by the Board by appointing a successor to serve out the remainder of the unexpired term. Vacancies occurring at other times shall be filled by the Board by appointing a successor to serve until the next general election, at which time the vacancy shall be filled by an election to be conducted as herein provided, and the suc cessor so elected shall serve out the remainder of the unexpired term.

The Board of Education of White County in effect at the time of the ratification of this amendment shall be abolished effective December 31, 1964, and the term of office of the members of such Board shall expire on such date.

The Board created hereunder shall be successor to such abol ished Board and shall be vested with the rights, powers, duties, and authority possessed by such other Board."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of White County by the people; to provide their qualifications; to pro vide their terms of office; to provide the procedure connected there with.
"Against ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of White County by the people; to provide their qualifications; to pro vide their terms of office; to provide the procedure connected there with."
All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir-

THURSDAY, FEBRUARY 28, 1963

557

ing 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 reso lution, 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:

Brewer Brown of 34th Carter Coggin Conway Downing Ellis Fincher Fuqua Gordy Hall Harrison Heard Holloway

Hunt Johnson of 42nd Kendrick Lee Maclntyre McKinnon McWhorter Noble Oliver Owens Pannell Pennington Phillips Plunkett

Rowan Salome Scott Searcey Smalley Smith Spinks Tribble Webb Wesberry Yancey Young Zorn

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 ma jority, was adopted.

HR 102. By Mr. Smith of Telfair:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide that Telfair County officers shall be ineligible to hold office under certain

558

JOURNAL OP THE SENATE,

conditions; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1

Article XI, Section I, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"The county officers of Telfair County shall not be eligible to succeed themselves after having served two successive terms in office, nor shall any such officer who is ineligible to succeed him self be eligible to hold any other elective county office within a four year period following the date of the expiration of his second suc cessive term. This amendment shall not apply to any terms of office served prior to the year 1965, and for the purposes of determining ineligibility, only those successive terms in office commencing with
those terms which begin in 1965 shall be counted."

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 Telfair County officers shall be ineligible to succeed themselves after serving two successive terms.

"Against ratification of amendment to the Constitution so as to provide that Telfair County officers shall be ineligible to succeed themselves after serving two successive terms."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elcetions for the 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.

THURSDAY, FEBRUARY 28, 1963

559

The report of the committee, which was favorable to the adoption of the reso lution, 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:

Brewer Brown of 34th Carter Coggin Conway Downing Ellis Pincher Puqua Gordy Hall Harrison Heard Holloway

Hunt Johnson of 42nd Kendrick Lee Maclntyre McKinnon
McWhorter Noble Oliver Owens Pannell Pennington Phillips Plunkett

Rowan Salome Scott
Searcey Smalley Smith Spinks Tribble Webb Wesberry Yancey Young Zorn

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 ma jority, was adopted.

HR 111. By Messrs. Lee and Blalock of Clayton:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the licensing and regulation of businesses in the unincorporated areas of 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 XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:

560

JOURNAL OF THE SENATE,

"The governing authority of Clayton County shall have the right and power for regulatory purposes to levy, assess, and collect a nominal license fee from any persons, firms or corporations, ex cept those subject to regulation by the State Public Service Com mission, who may maintain a place of business or who may in any manner engage in any type of business in any area of Clayton County outside the incorporated limits of municipalities. To provide for public welfare, health and security of the people of Clayton 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 regu lation by the State Public Service Commission, and to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted. Violation of any regulations adopted by the govern ing authority shall constitute a misdemeanor punishable upon con viction thereof as prescribed by the general laws of the State of Georgia. No further enabling legislation bby 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 unincor porated areas of Clayton County.
"Against ratification of amendment to the Constitution so as to authorize the licensing and regulation of businesses in the unincor porated areas of Clayton County."
All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing 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

THURSDAY, FEBRUARY 28, 1963

561

duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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

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:

Brewer Brown of 34th Carter Coggin Conway Downing Ellis Fincher Fuqua
Gordy Hall Harrison
Heard Holloway

Hunt Johnson of 42nd Kendrick Lee Maclntyre McKinnon McWhorter Noble Oliver
Owens Pannell Pennington
Phillips Plunkett

Rowan Salome Scott Searcey Smalley Smith Spinks Tribble Webb Wesberry Yancey Young Zorn

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 ma jority, was adopted.

HR 112. By Messrs. Lee and Blalock of Clay ton:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Geor gia, so as to authorize the creation of a Civil Service System for all those persons, other than elected officials, whose wages or salaries are paid in whole or in part out of the funds of 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:

562

JOURNAL OF THE SENATE,

SECTION 1

That Article VII, Section IV, Paragraph I of the Constitution of Georgia of 1945 be and the same is hereby amended by adding at the end of said Paragraph the following language:

"The General Assembly shall have the authority, however, to enact laws creating a Civil Service System for all those persons, other than officials elected by the people, whose wages or salaries are paid in whole or in part out of the funds of Clayton 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 a Civil Service System for all those persons, other than elected officials, whose wages or salaries are paid in whole or in part out of the funds of Clayton County.

"Against ratification of amendment to the Constitution so as to create a Civil Service System for all those persons, other than elected officials, whose wages or salaries are paid in whole or in part out of the funds of Clayton County."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing 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 reso lution, was agreed to.

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

THURSDAY, FEBRUARY 28, 1963

563

Those voting in the affirmative were Senators:

Brewer Brown of 34th Carter Coggin Conway Downing Ellis Pincher Puqua Gordy Hall Harrison Heard Holloway

Hunt Johnson of 42nd Kendrick Lee Maclntyre McKinnon McWhorter Noble Oliver Owens Pannell Pennington Phillips Plunkett

Rowan Salome Scott Searcey Smalley Smith Spinks Tribble Webb Wesberry Yancey Young Zorn

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 ma jority, was adopted.
HR 113. By Messrs. Lee and Blalock of Clayton:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to empower the governing au thority of Clayton 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 governing authority and to pro vide penalties for violation of such ordinances; to provide for the sub mission of this amendment for ratification or rejection at the next gen eral election; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VI, Section I of the Constitution is hereby amended by add ing at the end thereof the following:
"The General Assembly of the State of Georgia is hereby au thorized to empower the governing authority of Clayton County to adopt ordinances or regulations for the governing and policing of said County for the purpose of protecting and preserving the health,

564

JOURNAL OF THE SENATE,

safety, welfare and morals of the citizens thereof as it may deem advisable, not in conflict with the general laws of this State and of the United States, and for the implementation and enforcement of all duties and powers now or hereafter vested in said governing authority of Clayton County, and to provide penalties for violations of such ordinances."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with "Ayes" and "Nays" taken thereon, such proposed amend ment shall be published and submitted as provided in Article XIII, Sec tion I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"For ratification of amendment to the Constitution so as to provide for the adoption of ordinances for the policing of Clayton County and the enforcement of such ordinances.

"Against ratification of amendment to the Constitution so as to provide for the adoption of ordinances for the policing of Clayton County and the enforcement of such ordinances."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing 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 reso lution, was agreed to.

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

THURSDAY, FEBRUARY 28, 1963

565

Those voting in the affirmative were Senators:

Brewer Brown of 34th Carter Coggin Conway Downing Ellis
Fincher Fuqua Gordy Hall Harrison Heard Holloway

Hunt Johnson of 42nd Kendrick Lee Maclntyre McKinnon McWhorter
Noble Oliver Owens Pannell Pennington Phillips Plunkett

Rowan Salome Scott Searcey Smalley Smith Spinks
Tribble Webb Wesberry Yancey Young Zorn

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 ma jority, was adopted.

HR 115. By Mr. Conner of Jeff Davis:
A RESOLUTION
Proposing to the qualified voters of Jeff Davis County, an amend ment to Article VII, Section I, Paragraph IV, of the Constitution of the State of Georgia incorporated in the Code of Georgia, 1933, as Section 2-5404, for the purpose of encouraging the industrial growth and expan sion of Jeff Davis County and the several municipalities and/or political subdivisions of the State located in Jeff Davis County, by authorizing the governing bodies of Jeff Davis County and each of said political subdivisions located in Jeff Davis County to exempt from ad valorem taxation, the capital improvements of new industries and businesses for either a period of ten (10) years or until such time as the total amount of tax exemptions shall equal the amount of sales tax paid by such in dustries and businesses to the State of Georgia on their capital improve ments; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
That Article VII, Section I, Paragraph IV, of the Constitution of the State of Georgia and incorporated in the Code of the State of Geor-

566

JOURNAL OF THE SENATE,

gia, 1933 as Code Section 2-5404, be and the same is hereby amended by adding at the end thereof, the following paragraph to be known as Paragraph IV (a).

"Section 2-5404. Paragraph 57 (a). For the purposes of this Amendment, the term 'governing bodies' shall be deemed to mean and include the Commissioners of Jeff Davis County and the 'gov erning bodies' of every municipality and/or political subdivision of this State located wholly within Jeff Davis County.

"The term 'capital improvements' shall mean the total valuation of all buildings, equipment and machinery constructed and installed by new industries and businesses on land located in Jeff Davis County or within the limits of any municipality or political subdi vision in Jeff Davis County. Said 'governing bodies' may from and after the adoption of this Amendment to the Constitution, exempt from all ad valorem taxation, the capital improvements of new in dustries and businesses for either a period of ten (10) years or until such time as the total amount of tax exemptions shall equal the amount of sales tax paid by such industries and businesses to the State of Georgia on their capital improvements or expansions
thereof.

"The 'governing body' of Jeff Davis County and the 'governing bodies' of all municipalities and/or political subdivisions in Jeff Davis County, may also in their discretion, designate either by Resolution or by Ordinance, additional industrial areas within Jeff Davis County which shall upon being so designated, come within the provisions of Article VII, Section I, Paragraph 3A, of the Con stitution of the State of Georgia and shall receive all the benefits accruing thereunder without discrimination. The 'governing body' of Jeff Davis County and the 'governing bodies' of all municipalities located herein are authorized to enact Ordinances and/or Resolutions to effectually comply with the provisions of this Amendment."

SECTION 2

Be it further resolved by the General Assembly that when said Amendment shall be agreed to by a two-thirds vote of the members elected to each House of the General Assembly, said Amendment shall be entered on their journals with the "yeas" and "nays" taken thereon and shall, by the Governor, be published in one newspaper in the County of Jeff Davis for two months previous to the time of holding the next general election and shall be submitted to the people of Jeff Davis County and of the several municipalities located therein and named herein at the next general election. All persons voting in said election in favor of adopting said proposed Amendment to the Constitution shall have written or printed on their ballots:
"For ratification of Amendment to Article 7, Section 1, Para graph IV of the Constitution of Georgia authorizing the governing bodies in Jeff Davis County to create tax exemptions for promotion of growth and expansion."

THURSDAY, FEBRUARY 28, 1963

567

and all persons opposed to the adoption of said Amendment shall have written or printed on their ballots:

"Against ratification of Amendment to Article 7, Section I, Paragraph IV of the Constitution of Georgia authorizing the gov erning bodies in Jeff Davis County to create tax exemptions for promotion of growth and expansion."

If a majority of the electors voting herein in Jeff Davis County as a whole shall vote for ratification thereof, when the returns shall be consolidated as required by law for election of members of the General Assembly, the said Amendment shall become a part of Article 7, Sec tion I, paragraph IV of the Constitution of the State, on the first day of January, 1965, and the Governor shall make his proclamation thereon.

The report of the committee, which was favorable to the adoption of the reso lution, 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:

Brewer Brown of 34th Carter Coggin Conway Downing Ellis Pincher Fuqua Gordy Hall Harrison Heard Holloway

Hunt Johnson of 42nd Kendrick Lee Maclntyre McKinnon McWhorter Noble Oliver Owens Pannell Pennington Phillips Plunkett

Rowan Salome Scott Searcey Smalley Smith Spinks Webb Wesberry Yancey Young Zorn

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 ma jority, was adopted.

568

JOURNAL OF THE SENATE,

HE 118. By Messrs. Flournoy, Teague and Wilson of Cobb:

A RESOLUTION

Proposing an amendment to the Constitution of the State of Geor gia, so as to authorize the creation of a Civil Service System for any or all of those persons, other than elected officials, whose wages or salaries are paid in whole or in part out of the funds of Cobb County, to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1

That Article VII, Section IV, Paragraph I of the Constitution of Georgia of 1945 be and the same is hereby amended by adding at the end of said Paragraph the following language:

"The General Assembly shall have the authority, however, to enact laws creating a Cobb County Civil Service System for any or all those persons, other than those officials elected by the people, whose wages or salaries are paid in whole or in part out of the funds of Cobb 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 enterd on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section X, 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 a Cobb County Civil Service System for any or all those per sons, other than those officials elected by the people, whose wages or salaries are paid in whole or in part out of the funds of Cobb County.

"Against ratification of amendment to the Constitution so as to create a Cobb County Civil Service System for any or all those per sons, other than those officials elected by the people, whose wages or salaries are paid in whole or in part out of the funds of Cobb
County."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir-

THURSDAY, FEBRUARY 28, 1963

569

ing 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 before a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the results and certify the results as to the Governor, who shall issue his proclamation thereon.

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

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:

Brewer Brown of 34th Carter Coggin Conway Downing Ellis Pincher Fuqua Gordy Hall Harrison Heard Holloway

Hunt Johnson of 42nd Kendrick Lee Maclntyre McKinnon McWhorter Noble Oliver Owens Pannell Pennington Phillips Plunkett

Rowan Salome Scott Searcey Smalley Smith Spinks Tribble Webb Wesberry Yancey Young Zorn

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 ma jority, was adopted.

The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:

570

JOURNAL OF THE SENATE,

SB 98. By Senator Fuqua of the 22nd:
A bill to amend Code title 109A, known as the "Uniform Commercial Code", so as to define a public 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 30, nays 1.

The bill, having received the requisite constitutional majority, was passed.
SB 106. By Senators Spinks of the 9th and Rowan of the 8th: A bill to amend Code chapter 84-3 pertaining to architects, as amended, particularly by an act approved Feb. 15, 1952 (Ga. Laws 1952, p. 457), so as to provide credit to military personnel for satisfactory architec tural experience gained while in military service; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 142. By Mr. Harrington of Baldwin: A bill to authorize and empower the Department of Public Health to conduct a survey to determine the standards that should be required of day care centers operated and maintained to furnish a training program and to care for the mentally retarded; and for other purposes.
Senator Miller of the 50th moved that HB 142 be postponed to Wednesday, March 6th, at 11:00 o'clock, and the motion prevailed.
Senator Jackson of the 16th asked unanimous consent that the following resolution of the Senate be read the first time:

THURSDAY, FEBRUARY 28, 1963

571

SR 63. By Senator Conway of the 41st:
A resolution amending the Rules of the Senate relating to Executive Sessions; and for other purposes.
Referred to Committee on Rules.

The consent was granted.

HB 126. By Messrs. Smith of Grady, Bolton of Spalding and others:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", so as to define the term "Limited-access State Highway"; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 32, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 44. By Messrs. Perry of Marion and King of Chattahoochee:
A resolution to designate a highway as the Clarke W. Duncan Highway; and for other purposes.

The report of the committee, which was favorable to the adoption of the reso lution, 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 56. By Senator Webb of the llth:
A resolution creating the Congressional Districts Study Committee; and for other purposes.

572

JOURNAL OF THE SENATE,

Senator Webb of the llth offered the following substitute to SR 56:

A RESOLUTION

Creating the Congressional Districts Study Committee; and for other purposes.

WHEREAS, there are many problems related to the composition of Congressional Districts and the subject of redistricting is one which should not be considered in haste but should be given complete and thor ough study; and

WHEREAS, a bill relating to the Congressional Districts of this State has been introduced in the Senate during the 1963 Session and has been referred to the Committee on Rules.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that there is hereby created the "Congressional Districts Study Committee" to be composed of fifteen (15) members as follows: The Lieutenant Governor, The Speaker of the House, four (4) members of the Senate to be appointed by the President, four (4) mem bers of the House to be appointed by the Speaker, five (5) members to be appointed by the Governor. Members shall be appointed within thirty (30) days after the adjournment of the 1963 Session and shall meet with in thirty (30) days after all members have been appointed for the pur pose of organizing, electing a Chairman, and such other officers as deemed desirable and adopting procedures for the operation of the Committee. The date of the organizational meeting shall be set jointly by the Lieutenant Governor and the Speaker of the House who shall give ample notice to the members of the committee as to the date, time and place of such meeting.
The Committee shall conduct a study of the entire subject of Con gressional Districts and redistricting. The Committee is hereby author ized to hold public hearings, if deemed advisable. The Committee is authorized to procure materials, supplies and equipment for carrying out the purposes of this Resolution. The Office of Legislative Counsel shall assist the Committee in its study. The Committee shall make a report of its findings and recommendations to the General Assembly on or before January 15, 1964, on which date the Committee shall stand abol ished. The members of the Committee shall receive the compensation, pier diem, expenses and allowances authorized for Legislative membrs of interim legislative committees. All funds necessary for the purposes of this Resolution shall come from the funds appropriated to or available to the Legislative Branch of the Government.
Senator Webb of the llth offered the following amendment to the substitute to SR 56:
Amend substitute for SR 56 by adding in the body of the Resolution after the first sentence, which relates to the composition of the Com mittee, the following sentence: "The Governor, the Lieutenant Governor and the Speaker of the House shall meet for the purpose of making the

THURSDAY, FEBRUARY 28, 1963

573

appointments provided for hereinbefore and shall make certain that there is at least one member from each Congressional District in the State on said Committee."

On the adoption of the amendment to the substitute for SR 56, the ayes were 36, nays 0, and the amendment to the substitute was adopted.

On the adoption of the substitute, as amended, the ayes were 36, nays 0, and the substitute was adopted, as amended.

The report of the committee, which was favorable to the adoption of the reso lution, was agreed to, by substitute, as amended.

On the adoption of the resolution, the ayes were 38, nays 1.

The resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.

SB 64. By Senators Miller of the 50th and Smalley of the 28th:
A bill to amend an act known as the "Georgia Insurance Code", approved March 8, 1960 (Ga. Laws 1960, p. 289), and codified as Chapter 56 of the Code of Georgia, as amended, so as to provide for penalty for false oath to procure benefit from an insurance policy; and for other purposes.

The Committee on Judiciary offered the following substitute:
An act to amend the Georgia Insurance Code and particularly Sec tion 56-9910 thereof relating to the criminal penalty for false statements and false representations in connection with insurance applications and claims; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Section 56-9910, prescribing a criminal penalty for false statements and false representations in connection with insurance ap plications and claims, is hereby amended by striking same in its entirety and enacting in lieu thereof the following as Section 56-9910:
"Any person who shall willfully present, cause to be presented, or aid in presenting, to any insurance company or any representative thereof, any false statement in any application for insurance for the purpose of obtaining fraudulently the issuance of an insurance con-

574

JOURNAL OP THE SENATE,

tract or certificate, or any false statement, report, account, certifi cate, affidavit, proof of loss, document or other representation or information in writing, as, or in support of, a claim for the payment or obtaining fraudulently of any proceeds or benefit under any insurance contract or certificate, knowing same to be false, shall be guilty of a misdemeanor and punished as for a misdemeanor."

Section 2. All laws and parts of laws in conflict herewith are hereby repealed.

On the adoption of the substitute, the ayes were 40, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.

On the passage of the bill, the ayes were 40, nays 1.

The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 40. By Messrs. Bell of Richmond and Mackay of DeKalb:
A bill to amend an act relating to criminal procedure, so as to provide that persons under the age of 16 years shall not be sentenced to death for the commission of a capital crime; and for other purposes.

The Committee on Judiciary offered the following substitute:
A BILL TO BE ENTITLED
An act to amend Sections 26-1005 and 27-2302 of the Georgia Code of 1933, relating to the punishment for murder and other capital cases, so as to provide that any person who has not reached his eighteenth birthday at the time of the offense shall not be sentenced to death but shall instead be sentenced to life imprisonment; to provide for the effec tive date of these amendments; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Section 26-1005 of the 1933 Code, prescribing the punish ment for murder, is hereby amended by adding at the end of the first paragraph the following:

THURSDAY, FEBRUARY 28, 1963

575

"When it is shown that a person convicted of murder had not reached his eighteenth birthday at the time of the commission of the offense, the punishment of such person shall not be death but shall be imprisonment for life."

so that when so amended Section 26-1005 shall read as follows:

"26-1005. The punishment for person convicted of murder shall be death, but may be confinement in the penitentiary for life in the following cases: If the jury trying the case shall so recommend, or if the conviction is founded solely on circumstantial testimony the presiding judge may sentence to confinement in the penitentiary for life. In the former case it is not discretionary with the judge; in the latter it is. When it is shown that a person convicted of murder had not reached his eighteenth birthday at the time of the commis sion of the offense, the punishment of such person shall not be death but shall be imprisonment for life.

"Whenever a jury, in a capital case of homicide, shall find a verdict of guilty, with a recommendation of mercy, instead of a recommendation of imprisonment for life, in cases where by law the jury may make such recommendation, such verdict shall be held to mean imprisonment for life. If, in any capital case of homicide, the jury shall make any recommendation, where not authorized by law to make a recommendation of imprisonment for life, the verdict shall be construed as if made without any recommendation."

Section 2. Section 27-2302 of the 1933 Code, prescribing punishment in capital cases other than homicide, is hereby amended by adding at the end thereof the following:

"When the verdict is guilty without a recommendation to mercy it shall be legal and shall mean that the convicted person shall be sentenced to death. However, when it is shown that a person con victed of a capital offense without a recommendation to mercy had not reached his eighteenth birthday at the time of the commission of the offense the punishment of such person shall not be death but shall be imprisonment for life."

so that when so amended Section 27-2302 shall read as follows:

"27-2302. In all capital eases, other than those of homicide, when the verdict is guilty, with a recommendation to mercy, it shall be legal and shall mean imprisonment for life. When the verdict is guilty without a recommendation to mercy it shall be legal and shall mean that the convicted person shall be sentenced to death. How ever, when it is shown that a person convicted of a capital offense without a recommendation to mercy had not reached his eighteenth birthday at the time of the commission of the offense the punish ment of such person shall not be death but shall be imprisonment for life."

576

JOURNAL OP THE SENATE,

Section 3. These amendments shall be operative on and after the effective date of this act to the fullest extent possible without encroach ing upon the constitutional authority of the State Board of Pardons and Paroles.

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 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 39, nays 0.

The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 153. By Messrs. Wilson of Cobb, Abney of Walker, Wells of Camden, Bowen of Toombs, Snow of Walker, Nessmith of Bulloch and others:
A bill to amend an act effecting a complete revision of the laws of this State relating to the qualification of voters; and for other purposes.

The report 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 208. By Messrs. Shea, Punk and Richardson of Chatham:
A bill to amend an act relating to the procedure for cancellation of mort gages, so as to provide an additional method of cancellation; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, FEBRUARY 28, 1963

577

On the passage of the bill, the ayes were 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 44. By Senators Zorn of the 6th, McKinnon of the 7th, Gayner of the 5th and Johnson of the 42nd:
A bill to amend Code chapter 24-34, relating to court costs in civil cases, as amended, so as to provide for a minimum filing fee in all civil cases; to make provisions for cases where one party is a pauper; and for other purposes.

The Committee on Judiciary offered the following substitute:
A BILL TO BE ENTITLED
An act to amend Code Chapter 24-34, relating to court costs in civil cases, as amended, so as to provide for a minimum filing fee in all civil cases; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 24-34, relating to court costs in civil cases, as amended, is hereby amended by striking in its entirety Code Section 24-3406, relating to an advance deposit required in divorce proceedings, as amended, by an act approved March 6, 1945 (Ga. Laws 1945, p. 207), an act approved March 13, 1957 (Ga. Laws 1957, p. 405), and an act approved March 25, 1958 (Ga. Laws 1958, p. 398), and substituting in lieu thereof a new Code Section to read as follows:
"24-3406. It shall be the duty of the clerk of each superior court, to collect from any party instituting a civil action in such court, a filing fee of $10.00, provided that in divorce and alimony cases said deposit shall be $15.00. Said advance deposit shall be ap plied by the clerk of said court to the costs in said case as they ac crue. If the case be withdrawn or dismissed, or if, upon final judg ment, the deposit exceeds the amount of costs taxable by law, the clerk shall refund to the depositor the excess."
Section 2. Said Chapter is further amended by repealing Code Sec tion 24-3407, relating to deposits required by non-resident plaintiffs, and the same is hereby repealed in its entirety.
Section 3. Said Chapter is further amended by repealing Code Sec tion 24-3409, relating to the manner of collecting costs in civil cases, and the same is hereby repealed in its entirety.

578

JOURNAL OP THE SENATE,

Section 4. The provisions of this act shall become effective July 1, 1963.

Section 5. All laws and parts of laws in conflict with this act are hereby repealed.

Senator Yancey of the 33rd offered the following amendment to the substitute to SB 44:

Amend substitute to SB 44 by adding a new section to be known as section 2.

"Section 2. The Acts of 1953, page 584, relating to Pauper's affidavit in lieu of payment of costs, bond or other fees, and traverse by opposite party is amended by inserting immediately before the last sentence thereof the following: "The execution of a pauper's affidavit executed by a plaintiff to avoid payment of a deposit on account of advance court costs shall not be traversed, except in a criminal prosecution for falsely executing such affidavit," so that said act when amended shall read as follows:

"24-3413. When any party, plaintiff or defendant, in any suit at law or proceedings in the superior courts, courts of ordinary, jus tices of the peace, notaries public who are ex officio justices of the peace, and such other courts as have been or may be established by law, shall be unable to pay any deposit, fee or other cost which may normally be required in such court, if such party shall subscribe an affidavit to the effect that from poverty he is unable to pay these cost, such party shall be relieved from paying such costs and his rights shall be the same as if he had paid such costs. Any other party at interest, or his agent or attorney, may contest the truth of such pauper's affidavit by verifying affirmatively under oath that the same is untrue. The issue thereby formed shall be heard and determined by the court under the rules of court. The judgment of the court on all issues of fact concerning the ability of a party to pay costs or give bond shall be final. The execution of a pauper's affidavit executed by a plaintiff to avoid payment of a deposit on account of advance court costs shall not be traversed, except in a criminal prosecution for falsely executing such affidavit. Nothing herein shall apply to the requirement under the present law for ad vance deposits in divorce cases."

By renumbering Section 2 to be known as Section 3; Section 3 to be known as Section 4; Section 4 to be known as Section 5; and Section 5 to be known as Section 6.

On the adoption of the amendment to the substitute, the ayes were 31, nays 0, and the amendment to the substitute was adopted.

On the adoption of the substitute, as amended, the ayes were 34, nays 0, and the substitute was adopted, as amended.

THURSDAY, FEBRUARY 28, 1963

579

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 35, nays 0.

The bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 235. By Messrs. House of Bibb, Clarke of Monroe, Bagby of Paulding, Killian of Glynn and Steis of Harris:
A bill to authorize the presiding judge in a court of record to allow coun sel fees in certain cases; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 12, nays 25.

The bill, having received the requisite constitutional majority, was passed.

HB 246. By Messrs. Richardson of Chatham, Plournoy of Cobb and others: A bill to amend an act effecting a complete revision of the laws of this State relating to the qualification and registration of voters so as to provide for registration at places other than the office of the registrars; and for other purposes.
Senator Yancey of the 33rd moved that HB 246 be recommitted to the Com mittee on Judiciary.

On the motion, the ayes were 39, nays 0, and the motion prevailed.

HB 289. By Messrs. Coker and Pope of Cherokee, Johnson of Elbert and Acree of Towns:
A bill to amend an act relating to the creation of the State Board of Medical Examiners, so as to provide for the appointment of a board member from each congressional district; and for other purposes.

580

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 39, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 100. By Mr. Williams of Hall:
A resolution authorizing the granting of an easement across, through and over certain real property located in Hall County, Georgia; and for other purposes.

The report of the committee, which was favorable to the adoption of the reso lution, 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 108. By Mr. Ballard of Newton:
A resolution authorizing the transfer of certain real property located in DeKalb County; and for other purposes.

The report of the committee, which was favorable to the adoption of the reso lution, 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 190. By Mr. Overby of Hall: A bill to amend an act establishing the State Employees Retirement Sys tem, so as to clarify the provisions relating to the accumulation of suffi cient creditable service in order to qualify under involuntary separation provisions; and for other purposes.

THURSDAY, FEBRUARY 28, 1963

581

The Committee on Rules offered the following amendment:

Amend HB 190 by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:

"Section 1. An act establishing the State Employees Retire ment System, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, particularly by an act approved February 20, 1951 (Ga. Laws 1951, p. 394), an act approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 160), and an act approved February 13, 1962 (Ga. Laws 1962, p. 54), is hereby amended by changing the designation of paragraph (e), which was added to Subsection (4) of Section 5 of said act by the aforesaid amendatory act of 1953, to (f), and by changing the designation of paragraph (f), which was added to Subsection (4) of Section 5 of said act by the aforesaid amendatory act of 1962, to (g), and by striking from paragraph (g) the words "under the State Merit System" and inserting in lieu thereof the words "under a Merit System provided for by law or in a position covered under the Employees Retirement System of Geor gia", and by adding at the end of said paragraph the following sen tence, "The provisions of this paragraph shall not be retroactive in any manner and shall not apply in any way to any person who was a member on or before February 13, 1962.", so that when so amended said paragraph (g) of Subsection (4) of Section 5 shall read as follows:

"(4) (g) Anything in this act to the contrary notwithstanding, on and after the effective date of this act, no member who has not accumulated sufficient creditable service to qualify himself under involuntary separation provisions of this section 5 shall be deemed as eligible for such allowances until he has accumulated member ship service in a position as classified under a Merit System pro vided for by law or in a position covered under the Employees Re tirement System of Georgia (exclusive of any prior service), suffi cient for such qualification. However, the provisions of this para graph shall not be applicable for vested rights (including prior serv ice), under provisions of subsection (10) of this section 5. The pro visions of this paragraph shall not be retroactive in any manner and shall not apply in any way to any person who was a member on or before February 13, 1962."

On the adoption of the amendment, the ayes were 28, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, the ayes were 32 nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

582

JOURNAL OF THE SENATE,

HB 386. By Messrs. Etheridge and McClelland of Fulton:
A bill to amend an act relating to the qualifications of applicants for admission to the practice of law and relating to the residence require ments of applicants for admission to the practice of law; and for other purposes.

The Committee on Judiciary offered the following amendment:
Amend HB 386 by striking from the Title the words "Association of American Law Schools" and inserting in lieu thereof the following: "American Bar Association".

On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.

On the passage of the bill, the ayes were 32, nays 0.

The bill, having received the requisite constitutional majority, was passed, as amended.

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative 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 9. Respectfully submitted,
Pelham of 10th District, Chairman.

The following resolutions were read and adopted:

THURSDAY, FEBRUARY 28, 1963

583

SR 59. By Senator Jackson of the 16th:
A resolution designating Peace Officers Memorial Day and Police Week; and for other purposes.

SR 61. By Senator Webb of the llth:
A resolution expressing regrets at the passing of Dr. Spright Dowell; and for other purposes.

SR 62. By Senator Plunkett of the 30th:
A resolution commending Mr. and Mrs. James Wood Castleman upon their Golden Wedding Anniversary; and for other purposes.

Senator Pannell of the 54th moved that the Senate do now adjourn until 9:50 Monday morning, and the motion prevailed.

The president announced the Senate adjourned until 9:50 Monday morning.

584

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,

Monday, March 4, 1963.

The Senate met pursuant to adjournment at 9:50 o'clock this morning, and was called to order by the president.
Scripture reading and prayer was offered by Dr. William Maurrelle Suttles, pastor, Haralson Baptist Church, Ben Hill, Georgia.

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

Senator Gordy of the 15th reported that the journal of Thursday's proceedings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Pannell of the 54th 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:

MONDAY, MARCH 4, 1963

585

HB 269. By Mr. White of Mclntosh:
A bill to amend an act revising, consolidating and superseding laws rela tive to Game and Fish, so as to close Doboy Sound and Altamaha Sound to the taking of crab and shrimp with a net other than a cast net; and for other purposes.

HB 290. By Mr. Steis of Harris:
A bill to amend an act providing for the regulation of the sale of securi ties in this State, so as to redefine the word "Salesman"; and for other purposes.

HB 330. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act providing for the holding of Bar Examinations, so as to authorize the Justices of the Supreme Court to fix the dates for holding two examinations each calendar year; and for other purposes.

HB 403. By Mr. Duncan of Carroll: A bill to amend an act creating a charter for the City of Carrollton, so as to provide for the rate of taxation for school purposes not to exceed 1.50 per centum per annum; and for other purposes.
HB 411. By Mr. Plournoy of Cobb: A bill to amend an act requiring the presentment of affidavit in proof of payment of taxes before obtaining license tags for motor vehicles; and for other purposes.
HB 441. By Messrs. Vaughn of Rockdale and Rutland of DeKalb: A bill to provide for security officers of the Stone Mountain Memorial Association; and for other purposes.
HB 454. By Messrs. Stalnaker and Peterson of Houston: A bill to amend an act to create and incorporate a new municipality in Houston County; and for other purposes.
HB 455. By Messrs. Blair and Sewell of Sumter: A bill to provide that the Coroner of Sumter County shall be compen sated on a fee basis supplemented by a salary; and for other purposes.

586

JOURNAL OF THE SENATE,

HB 461. By Mr. Warren of Wayne:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Wayne County; and for other purposes.

HB 465. By Mr. King of Chattahoochee:
A bill to amend an act abolishing the office of Tax Collector and Tax Receiver and creating the office of Tax Commissioner, of Chattahoochee County; and for other purposes.

HB 474. By Messrs. Teague, Flournoy and Wilson of Cobb and Fowler of Douglas:
A bill to amend an act revising, consolidating and superseding the sev eral acts incorporating the Town of Austell so as to change the cor porate limits of the City of Austell; and for other purposes.

SB 27. By Senators Carter of the 14th and Pennington of the 45th:
A bill to regulate the registration, labeling, analysis, sale and applica tion of agricultural limestone; and for other purposes.

The House has passed, as amended, the following bill of the Senate:
SB 67. By Senator Kendrick of the 32nd: A bill to amend Code section 32-502, relating to the qualifications of the State Superintendent of Schools, so as to provide for additional qualifi cations; and for other purposes.

The House agrees to the Senate amendment to the following bill of the House:

HB 190. By Mr. Overby of Hall:
A bill to amend an act establishing the State Employees Retirement Sys tem, so as to clarify the provisions relating to the accumulation of suffi cient creditable service in order to qualify under involuntary separation provisions; and for other purposes.

The House has adopted the following resolution of the House:

HR 180. By Messrs. Pickard, Dicus and Jones of Muscogee:
A resolution memorializing the President and the Congress of the United States to take immediate action to eliminate the inequity of the two-price system of Cotton cost; and for other purposes.

MONDAY, MARCH 4, 1963

587

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 439. By Mr. Carr of Washington: A bill to consolidate all of the laws chartering the Town of Oeonee to grant a new charter, to provide that the Town of Oeonee shall be known as the City of Oeonee; and for other purposes.
HB 430. By Mr. King of Chattahoochee: A bill to amend an act reincorporating the Town of Cusseta; and for other purposes.
HB 433. By Mr. Herndon of Appling: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Appling; and for other purposes.
HB 434. By Mr. Herndon of Appling: A bill to establish the number of votes necessary for the Board of Edu cation of Appling County to take official action; and for other purposes.
HB 436. By Mr. Tucker of Burke: A bill to amend an act establishing the City Court of Waynesboro, so as to increase the pay of the Stenographer of the City Court; and for other purposes.
HB 437. By Mr. Scarborough of Crawford: A bill to place the Clerk of the Superior Court of Crawford on a salary in lieu of the fee system of compensation; and for other purposes.
HB 440. By Mr. Hill of Meriwether: A bill to amend the charter of the City of Manchester relating to the Commissioners; and for other purposes.
HB 442. By Messrs. Flournoy, Teague and Wilson of Cobb: A bill to create a Board of Commissioners of Roads and Revenues for Cobb County; and for other purposes.

588

JOURNAL OF THE SENATE,

HB 447. By Mr. Kirkland of Tattnall:
A bill to amend an act establishing the City Court of Reidsville, to pro vide for the disposition of all monies arising from fines, forfeitures, forfeited recognizances and convict hire over and above cost in each case; and for other purposes.

HB 448. By Mr. Anderson of Pulaski:
A bill to consolidate the offices of Tax receiver and tax collector of Pulaski County into the office of Tax Commissioner of Pulaski County; and for other purposes.

HB 438. By Mr. Bowen of Randolph:
A bill to amend an act incorporating Andrew Female College; and for other purposes.

HR 34. By Messrs. Fleming, Bell and Hull of Richmond: A resolution providing for and authorizing the conveyance of certain State Property located in Richmond County; and for other purposes.
The House has adopted the following resolution of the House:
HR 176. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens: A resolution calling a joint session of the House and Senate for the purpose of hearing a message from the Governor; and for other purposes.
The House has agreed to the Senate amendment to the following bill of the House:
HB 393. By Mr. Parker of Screven: A bill to incorporate and to grant a new charter to the City of Sylvania, to provide for the form of Government for said City; and for other pur poses.
The president appointed as a Committee of Escort for the Joint Session the following:
Senators Phillips of the 27th, Carter of the 14th, Hunt of the 26th and Byrd of the 17th.

MONDAY, MARCH 4, 1963

589

The hour of convening the Joint Session of the House and Senate 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 the Honorable James E. Powers, National Com mander of the American Legion, was called to order by the President of the Senate, Honorable Peter Zack Geer.

Accompanied by the Committee of Escort and other distinguished guests, Honorable James E. Powers appeared upon the floor of the House.
The resolution providing for the Joint Session was read by the secretary.
Honorable Peter Zack Geer introduced Honorable James E. Powers, who ad dressed the joint session.
Senator Pannell of the 54th moved that the joint session be now dissolved, and the motion prevailed.
The senators returned to the Senate chamber and resumed the regular order of business.

The following bills and resolutions were introduced, read the first time and referred to committees:

SB 124. By Senators Coggin of the 35th, Miller of the 50th, Downing of the 1st, and Searcey of the 2nd:
A bill to provide that each employee in the State of Georgia shall be permitted by his employer to have sufficient time off to vote in pri maries and elections for which such employee is qualified and registered to vote; and for other purposes.
Referred to Committee on Rules.

SB 125. By Senator Yancey of the 33rd:
A bill to create a Board of Commissioners of Roads and Revenues for Cobb County, Georgia; to provide for an Executive Assistant to the Commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 126. By Senator Yancey of the 33rd:
A bill to create the Cobb County-Marietta Water Authority; to authorize acquisition; construction, operation, etc.; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

590

JOURNAL OF THE SENATE,

SB 127. By Senator Hall of the 52nd:
A bill to amend an act entitled "An act to make provisions for the coverage of certain officers and employees of political subdivisions of the State", so as to make provisions for coverage of Superior Court Judges; and for other purposes.
Referred to Committee on Judiciary.

SB 128. By Senator Hall of the 52nd:
A bill relating to how dockets and papers are disposed of by justices of the peace, so as to require said justices of the peace to file old dockets and papers for a period of seven (7) years when a case is disposed of; and for other purposes.
Referred to Committee on Judiciary.

SR 65. By Senators Conway of the 41st and Broun of the 46th: A resolution providing for a study of subsidies offered to attract new industry and other matters relative thereto; and for other purposes.
Referred to Committee on Rules.

HB 269. By Mr. White of Mclntosh:
A bill to amend an act revising, consolidating and superseding laws relative to Game and Fish, so as to close Doboy Sound and Altamaha Sound to the taking of crab and shrimp with a net other than a cast net; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 290. By Mr. Steis of Harris:
A bill to amend an act providing for the regulation of the sale of securi ties in this State, so as to redefine the word "salesman"; and for other purposes.
Referred to Committee on Banking and Finance.

HB 330. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act providing for the holding of bar examinations, so as to authorize the Justices of the Supreme Court to fix the dates for holding two examinations each calendar year; and for other purposes.
Referred to Committee on Judiciary.

MONDAY, MARCH 4, 1963

591

HB 403. By Mr. Duncan of Carroll:
A bill to amend an act creating a charter for the City of Carrollton, so as to provide for the rate of taxation for school purposes not to exceed 1.50 per centum per annum; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 411. By Mr. Flournoy of Cobb:
A bill to amend an act requiring the presentment of affidavit in proof of payment of taxes before obtaining license tags for motor vehicles; and for other purposes.
Referred to Committee on Rules.

HB 430. By Mr. King of Chattahoochee:
A bill to amend an act reincorporating the Town of Cusseta; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 433. By Mr. Herndon of Appling: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Appling; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 434. By Mr. Herndon of Appling: A bill to establish the number of votes necessary for the Board of Edu cation of Appling County to take official action; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 436. By Mr. Tucker of Burke:
A bill to amend an act establishing the City Court of Waynesboro, so as to increase the pay of the stenographer of the city court; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 437. By Mr. Scarborough of Crawford:
A bill to place the clerk of the Superior Court of Crawford on a salary in lieu of the fee system of compensation; and for other purposes.
Referred to Committee on County and Municipal Governments.

592

JOURNAL OF THE SENATE,

HB 438. By Mr. Bowen of Randolph:
A bill to amend an act incorporating Andrews Female College; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 439. By Mr. Carr of Washington:
A bill to consolidate all of the laws chartering the Town of Oconee to grant a new charter; to provide that the Town of Oconee shall be known as the City of Oconee; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 440. By Mr. Hill of Meriwether:
A bill to amend the charter of the City of Manchester relating to the commissioners; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 442. By Messrs. Flournoy, Teague arid Wilson of Cobb:
A bill to create a Board of Commissioners of Roads and Revenues for Cobb County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 447. By Mr. Kirkland of Tattnall: A bill to amend an act establishing the City Court of Reidsville; to pro vide for the disposition of all monies arising from fines, forfeitures, for feited recognizances and convict hire over and above cost in each case; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 448. By Mr. Anderson of Pulaski: A bill to consolidate the offices of tax receiver and tax collector of Pulaski County into the office of Tax Commissioner of Pulaski County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 34. By Messrs. Fleming, Bell and Hull of Richmond: A resolution providing for and authorizing the conveyance of certain State Property located in Richmond County; and for other purposes.
Referred to Committee on County and Municipal Governments.

MONDAY, MARCH 4, 1963

593

HB 441. By Messrs. Vaughn and Rutland of DeKalb:
A bill to provide for security officers of the Stone Mountain Memorial Association; and for other purposes.
Referred to Committee on Penal and Correctional Affairs.

HB 454. By Messrs. Stalnaker and Peterson of Houston: A bill to amend an act to create and incorporate a new municipality in Houston County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 455. By Messrs. Blair and Sewell of Sumter: A bill to provide that the coroner of Sumter County shall be compen sated on a fee basis supplemented by a salary; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 461. By Mr. Warren of Wayne: A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Wayne County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 465. By Mr. King of Chattahoochee: A bill to amend an act abolishing the office of tax collector and tax receiver and creating the office of Tax Commissioner of Chattahoochee County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 474. By Messrs. Teague, Flournoy and Wilson of Cobb and Fowler of Doug las: A bill to amend an act revising, consolidating and superseding the sev eral acts incorporating the Town of Austell so as to change the corporate limits of the City of Austell; and for other purposes.
Referred to Committee on County and Municipal Governments.
The following bills and resolutions were read the second time:
SB 120. By Senator Carlton of the 21st: A bill incorporating the City of Swainsboro so as to increase the cor porate limits of said City; and for other purposes.

594

JOURNAL OF THE SENATE,

SB 121. By Senator Downing of the 1st:
A bill to provide that the month of February shall be designated as American History Month in the State of Georgia; to repeal conflicting laws; and for other purposes.

SB 122. By Senators Maclntyre of the 40th, Brewer of the 39th, Johnson of the 38th, Coggin of the 35th, Wesberry of the 37th, Brown of the 34th, and Salome of the 36th:
A bill establishing a new charter for the City of Roswell, so as to change the corporate limits of said City; and for other purposes.

SB 123. By Senator Broun of the 46th, Pennington of the 45th, Owens of the 49th, Carter of the 14th, and Ellis of the 44th:
A bill to promote the safety, convenience and enjoyment of public travel and the free flow of intrastate and interstate commerce; to control the erection and maintenance of outdoor advertising signs, displays and devices adjacent to the National System of Interstate and Defense High ways in Georgia; and for other purposes.

SR 60. By Senator Miller of the 50th:
A resolution proposing an amendment to the Constitution, so as to au thorize scholarships for dental students; to provide the procedure con nected therewith; and for other purposes.

SR 63. By Senator Conway of the 41st:
A resolution amending the Rules of the Senate relating to Executive Sessions; and for other purposes.

HB 174. By Mr. Simmons of Banks:
A bill to amend an act creating the Piedmont Judicial Circuit, so as to change the terms of court in the County of Banks; and for other purposes.

HB 228. By Mr. Jones of Worth:
A bill to establish a Small Claims Court in counties having a population of not less than 15,900 and not more than 16,700; and for other purposes.

HB 356. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, so as to change the corporate limits of said city; and for other purposes.

MONDAY, MARCH 4, 1963

595

HB 369. By Mr. Rodgers of Charlton:
A bill to change the terms of the Superior Court of Charlton County of the Waycross Judicial Circuit; and for other purposes.

HB 394. By Messrs. Conner of Jeff Davis, Wilkes of Cook, Jones of Worth, Fow ler of Douglas, Ware of Troup, Echols of Upson and Shea of Chatham:
A bill relating to the various kinds of insurance, limits of risks, and re insurance, so as to provide that no automobile liability insurance policy shall be issued unless coverage is provided therein for the protection of the insured against uninsured vehicle; and for other purposes.

HB 405. By Mr. Singer of Stewart:
A bill to amend an act creating a new charter for the City of Lumpkin; and for other purposes.

HB 407. By Messrs. Lee and Blalock of Clayton:
A bill to authorize any counties in this State having a population of between 46,000 and 47,000 to establish a law library; and for other pur poses.

HB 408. By Messrs. Lee and Blalock of Clayton:
A bill to authorize the establishment of a Civil Service System in Clayton County for employees of Clayton County; and for other purposes.

HB 412. By Messrs. Branch and Alien of Tift:
A bill to amend an act repealing the charter then existing in the City of Tifton and providing a new charter for the City of Tifton, so as to pro vide that the commissioners of said city shall have the power to place water pipes and sewer lines in the streets; and for other purposes.

HB 413. By Messrs. Alien and Branch of Tift:
A bill to amend an act repealing the then existing charter of the City of Tifton and providing an additional charter for the City of Tifton, relating to salaries of the commissioners; and for other purposes.

HB 414. By Messrs. Branch and Alien of Tift:
A bill to amend an act repealing the charter then existing of the City of Tifton and providing for a new charter for the City of Tifton, so as to provide that the minimum age of voting shall be 18 years; and for other purposes.

596

JOURNAL OP THE SENATE,

HB 416. By Messrs. Waldrop and Duncan of Carroll:
A bill to amend an act creating a charter for the City of Bowdon; and for other purposes.

Mr. Pannell of the 54th District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. President:
Your Committee on Rules 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 39. Do Not Pass. HB 173. Do Pass, as Amended. HB 132. Do Pass, as Amended.
Respectfully submitted, Pannell of 54th District, Chairman.

The following resolutions were read and adopted:

HR 170. By Mr. Lee of Clinch:
A resolution urging construction of a bridge across the Okefenokee Swamp connecting State Highway No. 177; and for other purposes.

HR 171. By Messrs. Busbee, Odom and Lee of Dougherty, Conger of Decatur, and Twitty of Mitchell: A resolution urging the construction of all five dams of the Flint River Complex; and for other purposes.
HR 176. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens: A resolution calling a joint session of the House and Senate for the pur pose of hearing a message from the Governor; and for other purposes.
The president appointed as a Committee of Escort on the part of the Senate the following:
Senators Phillips of the 27th, Carter of the 14th, Hunt of the 26th, and Byrd of the 17th.

MONDAY, MARCH 4, 1963

597

; HR 180. By Messrs. Pickard, Dicus and Jones of Muscogee:

'

A resolution memorializing the President and the Congress of the

}

United States to take immediate action to eliminate the inequity of the

two-price system of cotton costs; and for other purposes.

SR 66. By Senator Kendrick of the 32nd:
A resolution expressing joy at the return of the Lieutenant Governor; and for other purposes.

The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:

SB 21. By Senators Wesberry of the 37th, Salome of the 36th, Johnson of the 38th, Brewer of the 39th, Maclntyre of the 40th, Brown of the 34th, and Coggin of the 35th:
A resolution proposing an amendment to Article XI of the Constitution of the State of Georgia; and for other purposes.

Senator Tribble of the 3rd moved that SB 21 be postponed to March 6th.

On the motion, the ayes were 32, nays 5.

The motion prevailed and SB 21 was postponed to March 6th.
SB 22. By Senator Loggins of the 53rd: A bill to amend section 68-601 of the Code of Georgia of 1933, as amended, defining certain terms used in chapter 68-6 of the Code of Georgia of 1933, as amended, concerning regulation of "motor common carriers"; and for other purposes.
Senator Loggins of the 53rd asked unanimous consent that SB 22 be post poned to March 6th.
The consent was granted.
SB 23. By Senator Loggins of the 53rd: A bill to amend Code section 68-502 of the Code of Georgia of 1933, as amended, defining certain terms used in chapter 68-5, Code of Georgia

598

JOURNAL OF THE SENATE,

of 1933, as amended, concerning regulation of "motor carriers", as de fined in Section 68-502, shall not include taxicabs, drays, trucks, buses and other motor vehicles which operate within corporate limits of muni cipalities and are subject to regulation by governing authorities of such municipalities; and for other purposes.

The report 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 88. By Senator Loggins of the 53rd, Lee of the 47th, Hall of the 52nd and Pannell of the 54th:
A bill to amend chapter 68-6 of the Code of Georgia of 1933 by adding a new section to further provide for the regulation of "motor common carriers", so as to empower the Georgia Public Service Commission to grant, without hearings or other proceedings and upon certains and conditions, a temporary authority for the provision of service by a motor common carrier for which there is an immediate and urgent need to a point or points or within a territory having no carrier service capable of meeting such needs; and for other purposes.

Senator Loggins of the 53rd asked unanimous consent that SB 88 be recom mitted to the Committee on Public Utilities and Transportation.

The consent was granted.

SB 89. By Senator Loggins of the 53rd, Lee of the 47th, Hall of the 52nd and Pannell of the 54th:
A bill to amend chapter 68-5 of the Code of Georgia of 1933 by adding a new section to further provide for the regulation of "motor carriers" so as to empower the Georgia Public Service Commission to grant, with out hearings or other proceedings and upon certain terms and conditions, a temporary authority for the provision of service by a motor carrier for which there is an immediate and urgent need to a point or points or within a territory having no carrier service capable of meeting such needs; and for other purposes.

Senator Loggins of the 53rd asked unanimous consent that SB 89 be recom mitted to the Committee on Public Utilities and Transportation.

MONDAY, MARCH 4, 1963

599

The consent was granted.

SB 90. By Senators Loggins of the 53rd, Lee of 47th, Hall of the 52nd and Pannell of the 54th:
A bill to amend section 68-510 of Code of Georgia of 1933, as amended, empowering the Georgia Public Service Commission to fix rates, fares and charges for transportation by motor carriers of passengers and property, as provided for in Chapter 68-5 of Code of Georgia of 1933, as amended, concerning regulation of "motor carriers", so as to redefine the power of the Commission to fix rates, fares and charges for trans portation by motor carriers of passengers and property and for all serv ices rendered in connection therewith; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 29, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 91. By Senators Loggins of the 53rd, Lee of the 47th, Hall of the 52nd and Pannell of the 54th:
A bill to amend section 68-618 of the Code of Georgia of 1933 concerning the regulation of "motor common carriers", so as to require nonresident motor common carriers to designate and maintain in this State an agent upon whom may be served all summonses and other lawful processes in any action or proceeding against such motor common carrier operations and to file such designation with the Georgia Public Service Commis sion; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 32, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 93. By Senators Loggins of the 53rd, Lee of the 47th, Hall of the 52nd and Pannell of the 54th:
A bill to amend section 68-514 of the Code of Georgia of 1933 concerning the regulation of "motor carriers", so as to require nonresident motor carriers to designate and maintain in this State an agent upon whom may be served all summonses and other lawful processes in any action or proceeding against such motor carrier growing out of its carrier operations and to file such designation with the Georgia Public Service Commission; and for other purposes.

600

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 29, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 107. By Senators Loggins of the 53rd, Pannell of the 54th and Downey of the 1st:
A bill to amend Code section 81-206, relating to service by publication in divorce actions, as amended by a resolution approved February 1, 1946 (Ga. Laws 1946, p. 761), so as to provide that the clerk of the court in which such actions are pending may order service by publication; and for other purposes.
The Committee on Judiciary offered the following substitute:
A BILL TO BE ENTITLED
An act to amend Code Section 81-207.1, relating to service by publi cation, as amended by an act approved March 25, 1958 (Ga. Laws 1958, p. 315), so as to provide that the clerk may order service by publication; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 81-207.1, relating to service by publication, as amended by an act approved March 25, 1958 (Ga. Laws 1958, p. 315), is hereby amended by inserting between the words "judge" and "of" and the words "judge" and "may", as they appear in the first sentence of said Section, the words "or clerk", so that when so amended said Code Section shall read as follows:
"81-207.1. In all cases where service by publication is permitted under the laws and where the defendant or other party shall reside out of this State, and it shall be necessary to perfect service upon such person by publication, upon the fact being made to appear to the judge or clerk of the court in which suit is pending, either in term or vacation, said judge or clerk may order service to be per fected by publication in the paper in which sheriff's advertisements are printed, four times within the ensuing 60 days, publications to be at least seven days apart. Said published notice shall contain the name of the parties plaintiff and defendant, with a caption setting forth the court, the character of the action, the date the action was filed, the date of the order for service by publication, and a notice

MONDAY, MARCH 4, 1963

601

directed and addressed to the party to be thus served, commanding him to be and appear at the court in which the action is pending within 60 days of the date of the order for service by publication and shall bear teste in the name of the judge, and shall be signed by the clerk of said court. The date upon which the non-resident is called upon to appear shall be the appearance day of the 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 36, nays 0.

The bill, having received the requisite constitutional majority, was passed, by substitute.
SB 116. By Senator Carlton of the 21st: A bill to repeal Code section 60-512, relating to the transfer of registered real estate between husband and wife, to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 156. By Mr. McGarity of Henry: A bill to amend an act relating to the payment of wages due deceased employees to certain survivors without the necessity of administration upon their estates, so as to place State employees under the provisions of said section; and for other purposes.
The Committee on Rules offered the following substitute:

602

JOURNAL OP THE SENATE,

A BILL TO BE ENTITLED

An act to amend Code Section 66-103, relating to the payment of wages due deceased employees to certain survivors without the necessity of administration upon their estates, as amended by an act approved March 25, 1958 (Ga. Laws 1958, p. 641), so as to place State employees and employees of political subdivisions of the State, employees of an individual and employees of a partnership under provisions of said Sec tion; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Section 66-103, relating to the payment of wages due deceased employees to certain survivors without the necessity of administration upon their estates, as amended by an act approved March 25, 1958 (Ga. Laws 1958, p. 641), is hereby amended by striking said Section in its entirety and inserting in lieu thereof a new Code Section 66-103 to read as follows:

"66-103. It shall be lawful upon the death of any person em ployed by the State or any political subdivision thereof or any rail road company or other corporation or individual or partnership do ing business in this State, who may have wages due by said em ployer, and who shall leave a surviving spouse or minor child or children, to pay all of said wages when they do not exceed $1,000.00 and, in case such wages exceed $1,000.00 to pay the sum of $1,000.00 thereof to the surviving spouse of such employee; in case there be no surviving spouse, but leaves surviving a minor child or children, said sum shall be paid to the duly qualified Guardian of said minor child or children without any administration upon the estate of said employee, and said funds to the amount of $1,000.00 after the death of said employee shall be exempt from any and all process of gar nishment."

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, by substitute, was agreed to.

On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed, by substitute.

MONDAY, MARCH 4, 1963

603

HB 252. By Messrs. Isenberg and Killian of Glynn, Dixon of Ware, Jones of Muscogee, Brantley of Candler and Pickard of Muscogee:
A bill to amend an act entitled the "Urban Redevelopment Law", so as to provide additional criteria for the definition of the term "slum area"; and for other purposes.

The Committee on Highways offered the following amendment:
Amend HB 252 by adding in the caption thereof after the word "act" in the fifth line thereof the following clause, to wit: "to provide that municipalities may pay the reasonable costs of removing, relocating and rearranging public utility facilities within urban renewal areas;", so that the caption of HB 252 when amended shall read as follows:
"To be entitled an act to amend an act entitled the "Urban Redevelopment Law';, approved March 3, 1955 (Georgia Laws 1955, p. 354), as amended, so as to provide additional criteria for the definition of the term "slum area"; to clarify the purposes for which funds may be expended by municipalities in carrying out the pur poses of the act; to provide that municipalities may pay the reason able costs of removing, relocating and rearranging public utility facilities within urban renewal areas; to repeal conflicting laws; and for other purposes."
By striking the word "shall" from Section 2 of said bill wherever the same appears in said Section 2 and by substituting in lieu thereof the word "may", so that when so amended Section 2 shall read as follows:
"Section 2. Said act is further amended by adding to the end of Subsection (h), of Section 7 the following:
"The reasonable costs of removing, relocating and rearranging public utility facilities within urban renewal areas may constitute a cost of carrying out the purposes of this act, and every municipality may pay such reasonable costs."

Senator Smalley of the 28th offered the following amendment to the commit tee amendment:
Amend HB 252 by inserting after the word "may" the last time such word appears in Section 2, the words "in its discretion", and by changing the period at the end of section 2 to a comma and adding the words "or any portion thereof", so that said section 2, as amended, shall read:
"Section 2. Said act is further amended by adding to the end of subsection (h), of section 7 the following:
"The reasonable costs of removing, relocating and rearranging public utility facilities within urban renewal areas may constitute a cost of carrying out the purposes of this act, and every municipality may, in its discretion, pay such reasonable costs or any portion thereof."

604

JOURNAL OF THE SENATE,

On the adoption of the amendment to the committee amendment, the ayes were 40, nays 0, and the amendment to the committee amendment was adopted.

On the adoption of the committee amendment, as amended, the ayes weer 36, nays 0, and the committee amendment, as amended, 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 3.

The bill, having received the requisite constitutional majority, was passed, as amended.

HB 132. By Messrs. Matthews of Clarke, Killian of Glynn, Melton of Spalding, Mackay and Harris of DeKalb, McClelland of Fulton and Rutland of DeKalb:
A bill to amend an act relating to obscene pictures and abusive and vul gar language, so as to provide that any person who shall sell, exhibit, give away, have possession of, advertise for sale, manufacture, print or circulate obscene publications shall be guilty of a felony; and for other purposes.

The Committee on Rules offered the following amendment:
Amend HB 132 1. By striking from the title of said act, the phrase, "to provide that this act shall not prevent any incorporated munici pality from regulating, within its boundaries, obscene matter under its police powers or other charter provisions;"
and the phrase
"be guilty of a felony, and upon conviction thereof, shall be punished by confinement in the penitentiary for not less than one, nor more than five, years; to provide that upon recommendation of the Jury said offense shall be punishable as for a misdemeanor;"
and substituting in lieu thereof the following phrase,
"be guilty of a misdemeanor; provided, however, that any person shall, upon his second conviction of a violation of this act, be guilty of a felony and shall be punished by confinement in the penitentiary for not less than one nor more than five years."

MONDAY, MARCH 4, 1963

605

2. By striking from Section 1 of said act, the phrase,

"be guilty of a felony, and upon conviction thereof, shall be pun ished by confinement in the penitentiary for not less than one year nor more than five years; provided, however, in the event the jury so recommends, such person may be punished as for a misdemeanor",

and substituting in lieu thereof the following:

''be guilty of a misdemeanor; provided, however, that any person shall, upon his second conviction of a violation of this act, be guilty of a felony and shall be punished by confinement in the penitentiary for not less than one nor more than five years."

3. By striking from Section 1 of said act, the last sentence thereof, "As used herein, the term 'obscene matter' shall mean any book,
pamphlet, magazine, newspaper, film, picture, photograph, record ing, lithograph, duplicate pictorial representation, or other printed material which, if considered as a whole, applying contemporary community standards, has, as its dominant theme, an appeal to prurient interest, that is, a morbid interest, in nudity, sex, or excre tion."

and substituting in lieu thereof the following sentence,

"As used herein, a matter is obscene if, considered as a whole, ap plying contemporary community standards, its predominant appeal is to prurient interest, i.e., a shameful or morbid interest in nudity, sex or excretion."

4. By striking Section 2. of said bill in its entirety.

On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.

On the passage of the bill, the ayes were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed, as amended.
HB 173. By Messrs. Williams and Overby of Hall, Bowen of Dawson, Leonard of Murray, Teague of Cobb and Paris of Barrow: A bill to regulate the purchase of used motor vehicles and parts there from; to define the term "motor vehicles"; and for other purposes.

606

JOURNAL OF THE SENATE,

The Committee on Rules offered the following amendment:

Amend HB 173 by striking the figure "5" as it appears in the last sentence of Section 1, and substituting in lieu thereof the word "one".

On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.

Senator Yancey of the 33rd offered the following amendment:
Amend HB 173 by striking section 6 in its entirety and inserting a new section 6 to read as follows:
"Section 6. Any person, firm or corporation failing to comply with the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor."

On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, as amended, 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.

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative 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:
SB 44. SB 59. SB 64. SB 98.

SB 103.

?

SB 106.

SB 112.

SR 56.

SR 59.

SR 61.

MONDAY, MARCH 4, 1963

607

Respectfully submitted, Pelham of 10th District, Chairman.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 67. By Senator Kendrick of the 32nd:
A bill to amend Code section 32-502, relating to the qualifications of the State Superintendent of Schools, so as to provide for additional qualifi cations; and for other purposes.

The House amendment was as follows:
The Committee on Education moved to amend SB 67 by striking the word "man" as it appears in Code section 32-502, which is quoted in section 1 of said bill, and substituting in lieu thereof the word "person".

Senator Pannell of the 54th moved that the Senate agree to the House amend ment to SB 67.

On the motion, the ayes were 34, nays 0, and the amendment was agreed to.

Senator Pannell of the 54th moved that the Senate do now adjourn until 10:30 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 10:30 o'clock tomorrow morning.

608

JOUENAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,

Tuesday, March 5, 1963.

The Senate met pursuant to adjournment at 10:30 o'clock this morning, and was called to order by the president.
Scripture reading was offered by Reverend Louis F. Kennedy, pastor, First Baptist Church, Thomasville, Georgia.
Prayer was offered by Reverend Melvin Kilpatrick, pastor, Headland Heights Baptist Church, East Point, Georgia.

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

Senator Pelham of the 10th reported that the journal of yesterday's proceed ings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Pannell of the 54th 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:

TUESDAY, MARCH 5, 1963

609

HB 24. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill creating in each county, city and town an Industrial Development Authority; and for other purposes.

HB 175. By Mr. Fowler of Douglas:
A bill to amend an act relating to the regulation, licensing and practice of dentists and dental hygienists, so as to provide for additional quali fications for applicants; and for other purposes.

HB 176. By Mr. Fowler of Douglas:
A bill to amend an act relating to dental hygienists so as to provide that fees paid to the Board of Dental Examiners shall not be refundable; and for other purposes.

HB 225. By Messrs. Stuckey of Dodge, Lowrey of Floyd and others: A bill to regulate the occupation of cosmetology; and for other purposes.

HB 226. By Messrs. Stuckey of Dodge, Lowrey of Floyd and others:
A bill to amend an act relating to the barbers and hairdressers, so as to abolish the State Board of Barber and Beauticians Examiners; and for other purposes.

HB 321. By Messrs. Dorminy of Ben Hill, Chandler of Baldwin, Milhollin of Cof fee, and Mixon of Irwin:
A bill to amend an act consolidating, superseding and revising the Game and Fish Laws of the State of Georgia, so as to provide that it shall be unlawful for any person to possess any trap or device capable of catch ing, holding or capturing quail without a permit from the Commission; and for other purposes.

HB 241. By Mr. McCracken of Jefferson:
A bill to amend an act establishing a new charter for the City of Louis ville, so as to expand and to define the corporate limits of the City of Louisville; and for other purposes.

HB 347. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act to establish the Criminal Court of Atlanta, so as to provide for a Clerk of said Court; and for other purposes.

610

JOURNAL OP THE SENATE,

HB 358. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act to fix the salary of the Judges of the Juvenile Courts in counties having a certain population; and for other purposes.

HB 359. By Messrs. Etheridge and McClelland of Fulton: A bill to fix the compensation of Ordinaries in counties having a certain population; and for other purposes.
HB 360. By Messrs. McClelland and Etheridge of Fulton: A bill to amend an act relating to the salaries of the Judges and Solicitor Generals of the Criminal Court of Fulton County; and for other pur poses.
HB 476. By Mr. Etheridge of Fulton: A bill to amend an act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the SolicitorGeneral; and for other purposes.
HB 480. By Messrs. Matthews and Newton of Colquitt: A bill to amend an act creating and incorporating the Town of Riverside, so as to provide for the power and authority of the Mayor and Aldermen in connection with public parks, streets, alleys; and for other purposes.
HB 482. By Mr. Perry of Evans: A bill to amend an act entitled "An act to incorporate the City of Hagan"; and for other purposes.
HB 483. By Mr. Lindsey of Wilkes: A bill to place the Sheriff and other officers of Wilkes County on an annual salary in lieu of the fee system; and for other purposes.
HB 484. By Mr. Lindsey of Wilkes: A bill to amend an act abolishing the offices of the Collector and the Tax Receiver of Wilkes County and creating in lieu thereof the office of Tax Commissioner; and for other purposes.
HR 28. By Messrs. Walker and Gibbons of Lowndes: A resolution to compensate Wainer Construction Company, Inc.; and for other purposes.

TUESDAY, MARCH 5, 1963

611

HE 35. By Mr. Kirkland of Tattnall: A resolution to compensate Henry C. Kennedy; and for other purposes.

HE 37. By Mr. Williams of Hall: A resolution to compensate Mr. Tex Jones; and for other purposes.

HE 105. By Mr. Laite of Bibb: A resolution to compensate Emory E. Griffin; and for other purposes.

HE 107. By Mr. Eainey of Crisp:
A resolution to compensate the William L. Sanders Post No. 4742 of the Veterans of Foreign Wars of the U.S.; and for other purposes.

HE 134. By Messrs. McClelland and Etheridge of Pulton:
A resolution amending the resolution creating the Fulton County-City of Atlanta Study Commission, so as to extend the time for the making a report of its findings and recommendations; and for other purposes.

HE 137. By Messrs. Smith of Grady, Eutland of DeKalb, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A resolution creating the "Constitution Eevision Commission"; and for other purposes.

SB 87. By Senators Salome of the 36th, Brown of the 34th, Johnson of the 38th and Maclntyre of the 40th:
A bill to amend the act relating to the Compensation of Judge of the Civil Court of Fulton County; and for other purposes.

SB 79. By Senators Brown of the 34th, Wesberry of the 37th and others:
A bill to amend an act establishing a new charter for the City of East Point; and for other purposes.

SB 78, By Senators Brown of the 34th, Wesberry of the 37th, Salome of the 36th and others:
A bill to amend an act establishing a new charter for the City of East Point; and for other purposes.

SB 77. By Senators Brown of the 34th, Salome of the 36th, Brewer of the 39th and others:
A bill to amend an act establishing a new charter for the City of East Point; and for other purposes.

612

JOURNAL OF THE SENATE,

SB 52. By Senator Knox of the 24th:
A bill to amend an act placing certain county officers of McDuffie Coun ty on a salary system in lieu of a fee system; and for other purposes.

SB 51. By Senators Maclntyre of the 40th, Brown of the 34th, and others:
A bill to amend an act establishing a new charter for the City of East Point; and for other purposes.

SB 49. By Senators Brown of the 34th, Wesberry of the 37th, and others:
A bill to amend an act establishing a new charter for the City of Fairburn; and for other purposes.

SB 29. By Senators Brown of the 34th, Wesberry of the 37th, and others: A bill to amend an act entitled, "An act to establish a method for provid ing garbage disposal systems in the unincorporated portions of Fulton County; and for other purposes.
SB 13. By Senator Johnson of the 38th and Wesberry of the 37th: A bill to designate as depositories for public and trust funds the Treasury in all counties of Georgia having a certain population; and for other pur poses.
The House has adopted the following resolutions of the House:
HE 188. By Messrs. Newton of Colquitt, Perry of Evans, Milhollin of Coffee and others: A resolution opposing a move being made through official channels to require the identifying by tagging of tobacco treated with Maleic Hydrazide (MH-30).
HR 189. By Mr. Clarke of Monroe: A resolution commending George H. Bostick, Senior at Mary Persons High School, Forsyth, Georgia; and for other purposes.
The House has agreed to the Senate amendment to the following bill of the House:
HB 284. By Messrs. Ballard and Morgan of Newton: A bill to place the Sheriff of the Superior Court of Newton County on a salary in lieu of the fee system; and for other purposes.

TUESDAY, MARCH 5, 1963

613

The House has passed as amended the following bill of the Senate:

SB 62. By Senators Smalley of the 28th, Pannell of the 54th, Phillips of the 27th and others:
A bill to authorize the Supreme Court of Georgia to establish, as an administrative arm of the Court, a unified, self-governing bar associa tion to be known as the "State Bar of Georgia"; and for other purposes.

The hour for convening the joint session of the House and Senate 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 His Excellency, Governor Carl E. Sanders, was called to order by the president of the Senate, Honorable Peter Zack Geer.

The secretary of the Senate read the resolution calling for the joint session.

Honorable Peter Zack Geer, the Lieutenant Governor, introduced Governor Sanders, who addressed the joint session with the following remarks:
LIEUTENANT GOVERNOR GEER, SPEAKER SMITH, MEM BERS OF THE GENERAL ASSEMBLY AND MY FELLOW GEOR GIANS:
My appearance before you this morning is for the purpose of dis cussing with you my plans and recommendations for the establishment of a new division of state government, a division to deal with special problems of the children and youth of our state.
I believe that what I will have to say will be of interest not only to you but also to every thoughtful citizen.
During my campaign for the office of Governor, I stated many times that I intended to do something about the problems of the young people of Georgia.
I am sure that many of you were motivated to run for office because of your desire, through public service, to do something to improve the opportunities of the boys and girls throughout our State.
Together we share a responsibility to act boldly, to act vigorously and to act intelligently in carrying out our commitments.
Our great natural resources are our children and youth.

614

JOURNAL OF THE SENATE,

Of our four million population, one million five hundred thousand are under the age of seventeen years. More than one million one hundred thousand of these are enrolled in our public schools.

I am proud of the fact that my administration is pledged to put youth first.

In the Budget Bill I proposed, and in the Appropriations Bill which has passed the House, more than half of every tax dollar is committed to providing better opportunities for our young people.
But we must not be content to rest on our oars, to let well enough alone, or to be satisfied with what we have done and are doing.
For this reason I have proposed the creation of a Commission to Improve Education at all levels, and you have given me your support for this proposal.
Surely, we can do a better job of providing educational opportuni ties for your youth . . .
But, perhaps better than any other group of men in our state, you know that good intentions alone are not enough.
To really improve educational opportunity, we must have the com mitment of money, of thought, or organizational skill . . .
And, above all, the dedication of men and women to the teaching profession.
I do not feel it is possible to build a progressive Georgia and, at the same time, neglect our young people. Their sound growth and the future of our state are inseparably bound together.
During my years in office, I intend to devote my energies and my thoughts toward strengthening education at all levels. We must provide our children and youth with the training and skills required to compete in today's worth.
As we move into an era of more rapid industrialization, there will be a greater demand for skilled labor.
Indeed, unless we produce skilled workers, industrialization cannot proceed.
Not only will better education provide higher per capita income, it will, more importantly, help individuals live more meaningful lives, have more closely-knit families, and assist them in all their dealings with their fellow men.

TUESDAY, MARCH 5, 1963

615

This morning I want to give you my views regarding some special problems of youth which have been a source of concern to our church people, our civic leaders, our law enforcement and court officials, and, indeed, all who are aware of what goes on in our society.

I speak of Georgia's Troubled Youth.

Although nineteen out of every twenty boys and girls in Georgia are making a good adjustment to life, one out of twenty encounters serious problems of neglect, emotional disturbance or serious behavior difficulties.

We have observed the pattern over the years that where a boy or girl gets into serious difficulty, in many instances, these same individ uals later become patients in our mental hospitals, inmates of our pris ons, or dependents on our welfare rolls.

Moreover, we have seen that there is a vicious cycle that runs through generations--and we find the children of these people often suffer a similar fate.

This is not a new problem about which I speak, but it is one which has attracted increasing attention in recent years. There are many rea sons for this. For one thing, with our rapidly growing population, there are greater numbers of children and youth.

The Parham report pointed out that there will be 20,000 more six teen year-olds in Georgia in 1964 than there were in 1962.
Another factor is the movement of our people off the land and into the cities so that today half of all our children live in only sixteen coun ties.

Judge W. W. Woolfolk of the Pulton Juvenile Court testified before the Youth Study Committee that it was dealing with a major problem and not a minor problem. James B. Conant, a national authority in the field of education, has said that for us to congregate large numbers of idle children in our crowded cities is to stack social dynamite.
President Kennedy, recently, announced further plans for the fed eral government to move into this field. It is my belief that we here in Georgia should take the initiative and keep the initiative in dealing with
the problems of our troubled youth. Surely, we are in a better position to deal with our children.
It should not be necessary for anyone to remind us to be concerned about the well-being of our children.
As a matter of fact, The United Church Women, the Georgia Feder ation of Women's Clubs, our Juvenile Court Judges and other law en forcement and court officials, Welfare officials, ministers, lawyers, mem-

616

JOURNAL OF THE SENATE,

bers of the Junior Chamber of Commerce, and countless other individuals and organizations have, in recent years, urged that our state develop better ways of handling and dealing with these troubled youth.

This concern culminated in action by the 1962 General Assembly, when it unanimously voted to establish a Committee to Study the Prob lems of Youth. The Committee consisted of members of both the House and Senate and public members appointed by Governor Vandiver.

Through the cooperation of the Executive Branch, the legislative committee had the benefit of professional help--and the printed report
written by Mr. Jim Parham provided the background for the Committee's recommendations. A copy of this report has been distributed to every member of the General Assembly. The Youth Study Committee has made its report and this, too, has been placed on your desks.

In my campaign for Governor, I promised to do something about children being placed in common jails, about inadequate support for our training schools, about inadequate services to our Juvenile Courts, and I promised to act vigorously to provide a better program of services for children and youth who are neglected, dependent or delinquent.

I promised to implement the recommendations of the General As sembly Youth Study Committee.

Let me read you the recommendations of the Youth Study Com mittee:

1. Creation of a State Department for Children and Youth to assure the consolidation and coordination of present State programs for dealing with the problems of dependent, neglected and delinquent children.

2. Creation of a fifteen-member administrative board to establish policy for this new agency and to provide leadership in developing pre ventive and treatment resources for troubled children, regardless of where they may live in the state.

8. A provision for having the heads of the Departments of Health, Education, Welfare, Labor, Corrections, Agriculture, and Forestry, as ex-officio members of the Board of the Department of Children and Youth to seek the most effective possible co-ordination of state resources for children.

4. Selection by the Board of this Department of a Director quali fied by both training and experience.

5. Development of a state program to assist local communities in the development of preventive programs.

6. Development of a plan to expand local services within four years so that every child in Georgia will have access to qualified help if he should need it.

TUESDAY, MARCH 5, 1963

617

7. Formulation of a plan to develop regional detention and diagnos tic centers to eliminate for all time the disgrace of lodging impression able young children in our local jails, some of which are unfit for human habitation.

8. A provision for commitment of delinquents to the Department for Children and Youth rather than to a specific institution and a plan to diversify treatment programs in training schools, improve the quality of staff, and provide a classification system of youngsters according to individual needs.

9. Expansions of educational and scholarship programs for the training of personnel in all "helping progressions" and the establishment of a School of Social Work within the State University System.

10. A biennial Governor's Conference on Children and Youth bring ing together citizens from every county in Georgia to review progress, discuss problems, exchange ideas, and to publicize the need of conserving our most valuable resource--our children.

Let me say that I agree with these recommendations. With your help I intend to see to it that this administration creates an agency which will be of real service to the Juvenile Courts, the communities, and--most of all--the children and youth of Georgia.

Last Fall, the Juvenile Court Judges--in their Workshop at Athens --made recommendations, and the Youth Study Committee adopted ver batim the structure proposed by the Juvenile Court Judges.

I have proposed that this structure be enacted into legislation with certain modifications proposed solely to prevent duplication of expense in administration.

Many have wanted to get this Agency for Children and Youth dis associated from the old Welfare Department, as we have known it, and I realize that much of the impetus for such action was because of the old leadership of this Department and the apparent neglect of this im portant area.

We are weary of the term "welfare." It stirs up notions of a give away dole that kills initiative and self respect.

We all know this is not the complete picture--that welfare help is usually given to citizens who are not unfit, but just less fortunate than the rest of us.

The Great Depression taught us an unforgettable lesson--that a man can be needy without being unfit or inferior.
I am convinced that we need a new philosophy, a new concept of assistance, and for this reason I propose that we change the name of the Welfare Department to the "Department of Family and Children's Services."

618

JOURNAL OF THE SENATE,

This will indicate that this is to be a department devoted to pre serving and strengthening family life through not only financial support, but through effective rehabilitation services.

Because I want to see this new philosophy put to work, I have ap pointed Mrs. Bruce Schaefer as the new Director of this department. Her many activities over the State are well known, and she was among those who worked hard to see to it that Georgia establishes a new agency for children and youth.

As a result of the thinking of all of us who have studied this prob lem, we have reached the conclusion that, with the limited money we have, we can make the best beginning by establishing a new state agency related to the Department of Family and Children's Services.

In this way we can avoid unnecessary expenses and duplication in administrative personnel, and use the money saved thereby the children and youth who so desperately need it.

In shaping the legislation which will establish this new agency for children and youth, I have provided all of the elements which the Juve nile Court Judges and the Youth Study Committee recommended.

There will be an Administrative Board made up of fifteen of the best qualified people I can find in Georgia. Mrs. Schaefer, as Director of the Department of Family and Children's Services, will be Chairman of the Administrative Board.

The fourteen other members will be appointed by me for staggered terms, and this Board will be a strong policy-making group to oversee our training schools and the Child Welfare and Court Services Section.

The Board will employ a professionally qualified Director, and the Court Services, Child Welfare programs and institutions will be devel oped as rapidly as organizational plans and financial means will permit.

The primary relationship of this Division for Children and Youth to the Department of Family and Children's Services will be for con venience and economy in administration and to avoid confusion in the local County offices.

I believe that all of us who have gone into this problem are con vinced that we have set up an organizational approach which will give us the benefit of an essentially autonomous agency, without the dupli cation of personnel and expense which might otherwise result.

Let me make this clear, however:

I am having the legislation drawn in such a way that if experience shows that a total separation of these activities is desirable, it can be done and will be done--but I believe that experience will show that we are on the right track.

TUESDAY, MARCH 5, 1963

619

The effective date of the legislation will be July 1, 1963. By that time I expect to have appointed an outstanding Board, and that a highly qualified Director will be ready to tackle the responsibilities which will be assigned to this new agency for children and youth.

Since making the basic policy decision as to the most desirable structure for this new agency on February 1st, four weeks of intensive legal research have gone into the committee substitute for House Bill No. 5.

This bill--to be known as the Children and Youth Bill--is, I believe, the finest document of its kind in the fifty states.

I would like to point out that the bill has been carefully checked by state and federal officials, and I am certain that no federal funds will be jeopardized.

Not only does it set forth in an orderly fashion the structure and function of this Department, it repeals many obsolete and contradictory code sections and chapters dealing with this general area which have accumulated during the past seventy-five years.

I am convinced that every member of this General Assembly will remember, with pride, that he had a hand in the enactment of this leg islation.
This law alone cannot effect great improvement, but it is the instru ment which will help our state deal more effectively with our troubled youth.
Its sole aim is to restore dependent, neglected and delinquent chil dren and youth to full, productive and useful citizenship.
There has been misunderstanding in some areas of just what the Welfare laws of this State have provided for--
Local and state care, maintenance and assistance to our neglected, homeless and dependent children and youth in public and private insti tutions;
Detention, education and training of delinquent children and youth in our state institutions;
Establishment and operation of detention homes and other groupcare facilities;
Certain court services;
Inspection and regulation of certain child-caring agencies; regula tion of placement of children for adoption, both intrastate and inter state;

620

JOURNAL OF THE SENATE,

And the expenditure of state and local funds for these purposes.

These laws, in some respects, are outmoded and do not meet the needs of today. Moreover, these laws are scattered throughout the Geor gia Code, and are placed under the administration of several departments and agencies of both state and local governments.

But most important of all, they have never been fully implemented. It is my purpose to consolidate these laws, shed the outmoded, and im prove the remainder, and to place the administration and the implemen tation of these laws--with adequate funds provided--under one state agency, which shall have as its singular purpose the administering of such laws in accordance with today's needs.

This, gentlemen, is what House Bill 5 does.

As soon as this Division for Children and Youth is activated, I want to see work begun on the following:

1. A plan to get our children out of jails and keep them out.

2. The provision of services for children and youth covering all geographic regions of Georgia.

3. The development of better training school programs with better diagnostic and training resources and follow-up supervision for boys and girls when they return home.

4. The provision of services to our Juvenile Courts throughout Georgia, which will be of real help to them.
5. A program that will assure that our child-caring institutions maintain standards of operation that protect the health and well-being of all children in their charge.
6. The development of ways and means to help local communities develop preventive programs.
7. The effective spending of state, federal and local welfare funds for children and youth--and finally.
8. Cooperation between the departments of state government in the use and development of resources for children.
Earlier this month 1 visited our boys training school at Milledgeville and spoke to them. As I looked at these boys approaching the threshhold of manhood, I felt that, given the attention they deserve, they have the possibilities of becoming useful, law-abiding citizens.
They will need help and supervision when they return to their homes, and one of the practical things this new division can do, is to provide this help and supervision when they return to their home com munities.

TUESDAY, MARCH 5, 1963

621

Some have referred lightly to this bill as a "motherhood bill".

It is this and much more.

The intent of this measure is to fulfill the ancient doctrine of the common law, parens patriae. The state has an interest in every child and youth, not for the purpose of sheltering him from the cradle to the grave, but to protect him from neglect and want.

And, in cases where the child is adjudged delinquent, to restore him to full, productive, useful and meaningful citizenship.

Our studies show that nearly half the children of Georgia do not have access to any form of service. Someone has said that what happens to a child depends on the accident of where he happen to live.

I do not feel that any child in any county is any more or less im portant than any other.

When it comes to concern for our children, I feel that we should be one Georgia.

Perhaps better than anyone in this room, I understand that these goals cannot be achieved overnight. It will take much money, many trained personnel . . . and the energy and cooperation of all of us to move toward these goals.

But move we must--and move we shall.

It is my purpose that the Sanders administration act now, act wisely and act effectively ... so that 1963 will be noted as the year that our forgotten children and youth were remembered.

I call on you to support House Bill 5 and help me usher in the dawn of a new day for youth in Georgia.
Thank you!

Senator Pannell of the 54th moved that the joint session be now dissolved, and the motion prevailed.

The senators returned to the Senate chamber and resumed the regular order of business.

The following bills and resolutions were introduced, read the first time, and referred to committees:

622

JOURNAL OF THE SENATE,

SB 129. By Senator Owens of the 49th:
A bill to create a City Court in certain counties in this State; to provide the place and times of holding said Court; to define its jurisdiction; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 130. By Senator Fuqua of the 22nd:
A bill to amend an act entitled "An act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present corporation laws of the State; and for other purposes.
Referred to Committee on Banking and Finance.

SB 131. By Senator Pannell of the 54th:
A bill creating the Peace Officers' Annuity and Benefit Fund, so as to provide for the filing of a notice in connection with disability benefits; and for other purposes.
Referred to Committee on Rules.

SB 132. By Senators Johnson of the 42nd and McWhorter of the 43rd:
A bill to repeal the last sentence of Section 13 (c) of the Minimum Foun dation Program Act, relating to the calculation of local financial ability of the counties of Fulton and DeKalb; and for other purposes.
Referred to Committee on Educational Matters.

SB 133. By Senators Phillips of the 27th, McKinnon of the 7th, and Young of the 13th:
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 134. By Senators Johnson of the 38th, Brown of the 34th, Wesberry of the 37th, Salome of the 36th, and Coggin of the 35th:
A bill establishing 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 135. By Senators Brown of the 34th, Brewer of the 39th, Maclntyre of the 40th, Johnson of the 38th, Salome of the 36th, and Wesberry of the 37th:

TUESDAY, MARCH 5, 1963

623

A bill to provide in all counties of 500,000 or more population according to the U.S. Census of 1960 or any future U.S. Census that the Pension Board of the Board of Education in such counties shall recompute the pension paid to those teachers and employees who had retired as a matter of right prior to April 1, 1955 and who had been awarded a basic pension for twenty years of service; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 136. By Senators Brown of the 34th, Brewer of the 39th, Maclntyre of the 40th, Johnson of the 38th, Salome of the 36th, and Wesberry of the 37th:
A bill applying to counties having a population of 500,000 or more by the U. S. Census of 1960 or any future U. S. Census whose governing authorities are required by law to pay pensions from the county treasury of such county to retired county policemen and firemen; to provide that the governing authorities of such counties shall have authority to recom pute such pensions; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 137. By Senator Scott of the 23rd:
A bill pertaining to commissions for persons who are liable to have guard ians appointed or who may be subject to be committed to the Milledgeville State Hospital, so as to provide that aliens may be committed; and for other purposes.
Referred to Committee on Health and Welfare.

SB 138. By Senator Scott of the 23rd:
A bill providing for the observation of mentally ill persons and their hospitalization, so as to provide that every psychiatric hospital owned by the State of Georgia shall receive aliens according to the provisions of this act; and for other purposes.
Referred to Committee on Health and Welfare.

SB 139. By Senator Scott of the 23rd:
A bill relating to the administration of the Milledgeville State Hospital in Baldwin County, Georgia, so as to provide that the Hospital shall receive any alien whose commitment is ordered by procedure according to Code Chap. 49-6; and for other purposes.
Referred to Committee on Health and Welfare.

SR 64. By Senators Conway of the 41st and Jackson of the 16th:
A resolution creating the Governor's Commission for Scientific Research and Development; and for other purposes.
Referred to Committee on Rules.

624

JOURNAL OF THE SENATE,

SR 67. By Senator Phillips of the 27th:
A resolution proposing an amendment to the Constitution so as to change the method of electing the State School Superintendent; and for other purposes.
Referred to Committee on Rules.

HB 24. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill creating in each county, city and town an Industrial Development Authority; and for other purposes.
Referred to Committee on Rules.

HB 175. By Mr. Fowler of Douglas:
A bill to amend an act relating to the regulation, licensing and practice of dentists and dental hygienists, so as to provide for additional qualifi cations for applicants; and for other purposes.
Referred to Committee on Health and Welfare.

HB 176. By Mr. Fowler of Douglas:
A bill to amend an act relating to dental hygienists so as to provide that fees paid to the Board of Dental Examiners shall not be refundable; and for other purposes.
Referred to Committee on Health and Welfare.

HB 225. By Messrs. Stuckey of Dodge, Lowrey of Floyd, Arnsdorff of Effingham, Chance of Twiggs and Williams of Coffee:
A bill to regulate the occupation of cosmetology, so as to define "cos metology"; and for other purposes.
Referred to Committee on Health and Welfare.

HB 226. By Messrs. Stuckey of Dodge, Lowrey of Floyd, Arnsdorff of Effingham, Chance of Twiggs and Williams of Coffee:
A bill to amend an act relating to the barbers and hairdressers, so as to define "Barbering"; to abolish the State Board of Barber and Beauticians Examiners; and for other purposes.
Referred to Committee on Health and Welfare.

HB 241. By Mr. McCracken of Jefferson:
A bill to amend an act establishing a new charter for the City of Louis ville, so as to expand and to define the corporate limits of the City of Louisville; and for other purposes.
Referred to Committee on County and Municipal Governments.

TUESDAY, MARCH 5, 1963

625

HB 321. By Messrs. Dorminy of Ben Hill, Chandler of Baldwin, Milhollin of Cof fee and Mixon of Irwin:
A bill to amend an act consolidating, superseding and revising the Game and Fish Laws of the State of Georgia, so as to provide that it shall be unlawful for any person to possess any trap or device capable of catch ing, holding or capturing quail without a permit from the Commission; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 347. By Messrs. McClelland and Etheridge of Fulton: A bill to amend an act to establish the Criminal Court of Atlanta, so as to provide for a clerk of said court; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 358. By Messrs. McClelland and Etheridge of Fulton: A bill to amend an act to fix the salary of the judges of the juvenile courts in counties having a population of more than 500,000; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 359. By Messrs. Etheridge and McClelland of Fulton: A bill to fix the compensation of ordinaries in counties having a popula tion of 500,000 or more; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 360. By Messrs. McClelland and Etheridge of Fulton: A bill to amend an act relating to the salaries of the judges and solicitor generals of the Criminal Court of Fulton County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 476. By Mr. Etheridge of Fulton: A bill to amend an act abolishing the fee system in the Superior Court of Atlanta Judicial Circuit as applied to the office of the Solicitor-Gen eral; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 480. By Messrs. Matthews and Newton of Colquitt: A bill to amend an act creating and incorporating the Town of Riverside, so as to provide for the power and authority of mayor and alderman in connection with public parks, streets, alleys, etc.; and for other purposes.
Referred to Committee on County and Municipal Governments.

626

JOURNAL OF THE SENATE,

HB 482. By Mr. Perry of Evans:
A bill to amend an act entitled "An act to incorporate the City of Hagan," in the County of Evans; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 483. By Mr. Lindsey of Wilkes:
A bill to place the sheriff and other officers of Wilkes County on an annual salary in lieu of the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 484. By Mr. Lindsey of Wilkes:
A bill to amend an act abolishing the offices of the tax collector and tax receiver of Wilkes County and creating in lieu thereof the office of Tax Commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 28. By Messrs. Walker and Gibbons of Lowndes: A resolution to compensate Wainer Construction Company, Inc. (High way Department); and for other purposes.
Referred to Committee on Appropriations.
HR 35. By Mr. Kirkland of Tattnall: A resolution to compensate Henry C. Kennedy; and for other purposes.
Referred to Committee on Appropriations.
HR 37. By Mr. Williams of Hall: A resolution to compensate Mr. Tex Jones; and for other purposes.
Referred to Committee on Appropriations.
HR 105. By Mr. Laite of Bibb: A resolution to compensate Emory E. Griffin; and for other purposes.
Referred to Committee on Appropriations.
HR 107. By Mr. Rainey of Crisp: A resolution to compensate the William L. Sanders Post No. 4742 of the Veterans of Foreign Wars of the U.S.; and for other purposes.
Referred to Committee on Appropriations.

TUESDAY, MARCH 5, 1963

627

HR 134. By Messrs. McClelland and Etheridge of Fulton:
A resolution amending the resolution creating the Fulton County-City of Atlanta Study Commission, so as to extend the time for making a report of its findings and recommendations; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 137. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens: A resolution creating the "Constitution Revision Commission"; and for other purposes.
Referred to Committee on Rules.
The following bills and resolutions were introduced and read the second time:
SB 124. By Senators Coggin of the 35th, Miller of the 50th, Downing of the 1st, and Searcey of the 2nd: A bill to provide that each employee in the State of Georgia shall be permitted by his employer to have sufficient time off to vote in pri maries and elections for which such employee is qualified and registered to vote; and for other purposes.
SB 125. By Senator Yancey of the 33rd: A bill to create a Board of Commissioners of Roads and Revenues for Cobb County, Georgia; to provide for an Executive Assistant to the Commissioner; and for other purposes.
SB 126. By Senator Yancey of the 33rd: A bill to create the Cobb County-Marietta Water Authority; to author ize acquisition; construction, operation, etc.; to repeal conflicting laws; and for other purposes.
SB 127. By Senator Hall of the 52nd: A bill to amend an act entitled "An act to make provisions for the cover age of certain officers and employees of political subdivisions of the State", so as to make provisions for coverage of Superior Court Judges; and for other purposes.
SB 128. By Senator Hall of the 52nd: A bill relating to how dockets and papers are disposed of by justices of the peace, so as to require said justices of the peace to file old dockets and papers for a period of seven (7) years when a case is disposed of; and for other purposes.

628

JOURNAL OF THE SENATE,

SR 65. By Senators Conway of the 41st and Broun of the 46th:
A resolution providing for a study of subsidies offered to attract new industry and other matters relative thereto; and for other purposes.

HB 269. By Mr. White of Mclntosh:
A bill to amend an act revising, consolidating and superseding laws rela tive to Game and Fish, so as to close Doboy Sound and Altamaha Sound to the taking of crab and shrimp with a net other than a cast net; and for other purposes.

HB 290. By Mr. Steis of Harris:
A bill to amend an act providing for the regulations of the sale of secu rities in this State, so as to redefine the word "salesman"; and for other purposes.

HB 330. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act providing for the holding of bar examinations, so as to authorize the Justices of the Supreme Court to fix the dates for holding two examinations each calendar year; and for other purposes.

HB 403. By Mr. Duncan of Carroll:
A bill to amend an act creating a charter for the City of Carrollton, so as to provide for the rate of taxation for school purposes not to exceed 1.50 per" centum per annum; and for other purposes.

HB 411. By Mr. Flournoy of Cobb:
A bill to amend an act requiring the presentment of affidavit in proof of payment of taxes before obtaining license tags for motor vehicles; and for other purposes.

HB 430. By Mr. King of Chattahoochee:
A bill to amend an act reincorporating the Town of Cusseta; and for other purposes.

HB 433. By Mr. Herndon of Appling:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Appling; and for other purposes.

TUESDAY, MARCH 5, 1963

629

HB 434. By Mr. Herndon of Appling:
A bill to establish the number of votes necessary for the Board of Edu cation of Appling County to take official action; and for other purposes.

HB 436. By Mr. Tucker of Burke:
A bill to amend an act establishing the City Court of Waynesboro, so as to increase the pay of the stenographer of the city court; and for other purposes.

HB 437. By Mr. Scarborough of Crawford:
A bill to place the clerk of the Superior Court of Crawford on a salary in lieu of the fee system of compensation; and for other purposes.

HB 438. By Mr. Bowen of Randolph:
A bill to amend an act incorporating Andrews Female College; and for other purposes.

HB 439. By Mr. Carr of Washington: A bill to consolidate all of the laws chartering the Town of Oconee to grant a new charter; to provide that the Town of Oconee shall be known as the City of Oconee; and for other purposes.
HB 440. By Mr. Hill of Meriwether: A bill to amend the charter of the City of Manchester relating to the commissioners; and for other purposes.
HB 442. By Messrs. Flournoy, Teague and Wilson of Cobb: A bill to create a Board of Commissioners of Roads and Revenues for Cobb County; and for other purposes.

HB 447. By Mr. Kirkland of Tattnall:
A bill to amend an act establishing the City Court of Reidsville; to pro vide for the disposition of all monies arising from fines, forfeitures, for feited recognizances and convict hire over and above cost in each case; and for other purposes.
HB 448. By Mr. Anderson of Pulaski:
A bill to consolidate the offices of tax receiver and tax collector of Pulaski County into the office of Tax Commissioner of Pulaski County; and for other purposes.

630

JOURNAL OF THE SENATE,

HR 34. By Messrs. Fleming, Bell and Hull of Richmond:
A resolution providing for and authorizing the conveyance of certain State Property located in Richmond County; and for other purposes.

HB 441. By Messrs. Vaughn and Rutland of DeKalb:
A bill to provide for security officers of the Stone Mountain Memorial Association; and for other purposes.

HB 454. By Messrs, Stalnaker and Peterson of Houston:
A bill to amend an act to create and incorporate a new municipality in Houston County; and for other purposes.

HB 455. By Messrs. Blair and Sewell of Sumter: A bill to provide that the coroner of Sumter County shall be compen sated on a fee basis supplemented by a salary; and for other purposes.
HB 461. By Mr. Warren of Wayne: A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Wayne County; and for other purposes.
HB 465. By Mr. King of Chattahoochee: A bill to amend an act abolishing the office of tax collector and tax receiver and creating the office of Tax Commissioner of Chattahoochee County; and for other purposes.
HB 474. By Messrs. Teague, Flournoy and Wilson of Cobb and Fowler of Douglas: A bill to amend an act revising, consolidating and superseding the sev eral acts incorporating the Town of Austell so as to change the corporate limits of the City of Austell; and for other purposes.
The following reports of committees were submitted and read by the secre tary:
Mr. Holloway of the 12th 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:

TUESDAY, MARCH 5, 1963

631

SB 31. Do Pass, by Substitute. Respectfully submitted, Holloway of 12th District, Chairman.

Mr. Holloway of the 12th 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 fol lowing bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 43. Do Not Pass. Respectfully submitted, Holloway of 12th District, Chairman.

Mr. Smalley of the 28th 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 55. Do Pass, by Substitute. HB 160. Do Pass. HB 246. Do Pass. HB 385. Do Pass, as Amended. SB 56. Do Pass, as Amended.
Respectfully submitted, Smalley of 28th District, Chairman.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted the following report:
Mr. President:

632

JOURNAL OP THE SENATE,

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 38. Do Not Pass. SB 123. Do Pass. SR 60. Do Pass. HB 7. Do Pass. SR 36. Do Pass, by Substitute.
Respectfully submitted, Rowan of 8th District, Secretary.

Mr. Smith of the 18th District, Secretary of the Committee on Industry and Labor, submitted the following report:
Mr. President:
Your Committee on Industry and Labor has had under consideration the fol lowing bill of the Senate and has instructed me, as Secretary, to report the same back to the Senate with the following recommendation:
SB 28. Do Pass, by Substitute. Respectfully submitted, Smith of 18th District, Secretary.

Mr. Kendrick of the 32nd District, Chairman of the Committee on Educational Matters, submitted the following report:
Mr. President:
Your Committee on Educational Matters has had under consideration the fol lowing bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 121. Do Pass. Respectfully submitted, Kendrick of 32nd District, Chairman.

The following resolutions were read and adopted:

TUESDAY, MARCH 5, 1963

633

SR 68. By Senator Hunt of the 26th:
A resolution opposing the proposed cut-back and urging the expansion of high school ROTC; and for other purposes.

SR 69. By Senators Pannell of the 54th, and Conway of the 41st:
A resolution extending an invitation to Senator Richard B. Russell to address a joint session of the House and Senate; and for other purposes.

SR 70. By Senators Pannell of the 54th and Lee of the 47th:
A resolution extending an invitation to Senator Herman E. Talmadge to address a joint session of the House and Senate; and for other purposes.

SR 71. By Senators Miller of the 50th, Jackson of the 16th and Byrd of the 17th:
A resolution expressing regrets at the passing of Hon. J. J. Walker; and for other purposes.

HR 188. By Messrs. Newton of Colquitt, Perry of Evans, Milhollin of Coffee and others:
A resolution opposing a move being made through official channels to require the identifying by tagging of tobacco treated with Maleic Hydrazide (MH-30); and for other purposes.

HR 189. By Mr. Clarke of Monroe: A resolution commending George H. Bostick, Senior at Mary Persons High School, Forsyth, Georgia; and for other purposes.
The following local bill, favorably reported by the committee, was read the third time, and put upon its passage:
HB 258. By Messrs. Pickard, Jones and Dicus of Muscogee: A bill vesting in the City of Columbus fee simple title to a certain tract of land in said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.

634

JOURNAL OP THE SENATE,

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative 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 chair man, to report the same back to the Senate as correct and ready for transmission to the House of Representatives:
SB 23. SB 90. SB 91.
SB 93. SB 107. SB 116. SB 123.
Respectfully submitted, Pelham of 10th District, Chairman.

The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:

HB 7. By Messrs. Smith of Grady, Bolton of Spalding, Steis of Harris and others:
A bill to authorize State loans or grants to counties to aid in defraying the cost of property valuation and equalization programs for ad valorem tax purposes; to remove the millage limits prescribed in Code sections 92-3702 and 92-3706; and for other purposes.

The Committee on Rules offered the following amendment:
Amend HB 7 by deleting from section 2 thereof the following lan guage :
"the continuing capital fund created by an act approved February 28, 1962 (Ga. Laws 1962, p. 447 et. seq) or from other"

On the adoption of the amendment, the ayes were 35, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.

TUESDAY, MARCH 5, 1963

635

On the passage of the bill, the ayes were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed, as amended.

SB 28. By Senators Coggin of the 35th and Brown of the 34th:
A bill to amend an act regulating the installation of warm air heating equipment, and creating a Board of Examiners of Warm Air Heating Contractors, so as to provide for additional persons who shall be eligible to serve on the Board of Examiners; and for other purposes.

The Committee on Industry and Labor offered the following substitute:
A BILL
To be entitled an act to amend an act regulating the installation of warm air heating equipment, and creating a Board of Examiners of Warm Air Heating Contractors, approved February 25, 1949 (Ga. Laws 1949, p. 1622), as amended, so as to provide for additional persons who shall be eligible to serve on the Board of Examiners; to fix the compen sation of members of the Board; to provide that the Board shall have the authority to make rules and regulations; to repeal exemptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. An act regulating the installation of warm air heating equipment, and creating a Board of Examiners of Warm Air Heating Contractors, approved February 25, 1949 (Ga. Laws 1949, p. 1622), as amended, is hereby amended by striking Section 7 in its entirety and substituting in lieu thereof a new Section 7 to read as follows:
"Section 7. The Board of Examiners shall be appointed by the Governor of the State of Georgia from the counties covered by this act, and shall consist of five licensed professional engineers, experi enced in warm air heating or persons who are licensed by the Board of Warm Air Heating Contractors and who have had at least ten years experience in warm air heating contracting. Each member of the Board shall serve for a term of four years. The Chairman of the Board shall be appointed by the Governor."
Section 2. Said act is further amended by striking Section 10 in its entirety and substituting in lieu thereof a new Section 10 to read as follows:
"Section 10. Each of the members of the Board of Examiners shall receive as full compensation for each day actually spent on

636

JOURNAL OP THE SENATE,

the work of said Commission the sum of twenty dollars per day and his actual, necessary expenses incurred in the performance of the duties pertaining to his office, subject to the provisions of this Chapter."

Section 3. Said act is further amended by striking Section 12 in its entirety and substituting in lieu thereof a new Section 12 to read as follows:

"Section 12. No individual as a sole proprietorship, and no partnership or corporation shall have the right to engage in the business of warm air heating contracting, installation or repairing (as defined in Section 2 of this act), in the counties coming within the provisions of this act, unless there is regularly connected with such individual, partnership or corporation a person or persons actually engaged in performance of said business who holds a cer tificate of qualification issued to him as provided for in this act. Only the person or persons so connected and holding a certificate of qualification, shall engage in the actual business of warm air heating contracting, installing or repairing (as defined in Section 2 of this act), in the counties coming within the provisions of this act. And such person or persons shall be available with full authority to personally and individually supervise any and all actual warm air heating work of the individual, partnership or corporation."
Section 4. Said act is further amended by striking first paragraph of Section 13 and substituting in lieu thereof a new paragraph to read as follows:
"Section 13. It shall be the duty of all individuals operating as a sole proprietorship, partnership or corporation engaged in the business of warm air heating contracting, installing or repairing (as defined in Section 2 of this act), in the counties coming within the provisions of this act, to immediately notify the Secretary of the Board of Examiners of the severance of connection of any person or persons upon whom such qualification rested with such sole pro prietorship, partnership or corporation."
Section 5. Said act is further amended by adding between Section 15 and 16 a new Section to be known as Section 15A and to read as follows:
"Section 15A. The Board shall have the authority to make reasonable rules and regulations in order to carry out the provisions and enforcement of this act."
Section 6. Said act is further amended by striking Section 19 in its entirety.
Section 7. All laws and parts of laws in conflict with this act are hereby repealed.

On the adoption of the substitute, the ayes were 30, nays 0, and the substitute was adopted.

TUESDAY, MARCH 5, 1963

637

The report of the committee, which was favorable to the bill, by substitute, was agreed to.

On the passage of the bill, the ayes were 35, nays 1.

The bill, having received the requisite constitutional majority, was passed, by substitute.

SB 121. By Senator Downing of the 1st:
A bill to provide that the month of February shall be designated as American History Month in the State of Georgia; 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.

SR 36. By Senator Johnson of the 42nd:
A resolution creating a "Public Pensions Study Commission"; to provide for the appointment and compensation of its members; to define the duties and powers of the Commission; and for other purposes.

The Committee on Rules offered the following substitute:
A RESOLUTION
Creating a "Public Pensions Study Commission"; to provide for the appointment and compensation of its members; to define the duties and powers of the Commission; to authorize the Commission to secure ad ministrative, professional, consultant, legal and other services; to au thorize expenditure of funds and payment of compensation, per diem, allowances and expenses; to provide funds for the operations of the Commission; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

638

JOURNAL OF THE SENATE,

Section 1. There is hereby created a commission to be known as the "Public Pensions Study Commission". The Commission shall be composed of seven members to be appointed by the Governor as follows: one Rep resentative, one Senator, one person considered to be representative of public employees, one person considered to be representative of local governments, two persons considered to have professional qualifications in the field of employee pension and retirement systems, and one person considered to be representative of the general public. All members of the Commission shall be appointed by the Governor and the members shall meet within thirty days after all members have been appointed to begin their work. The Commission shall serve until January 24, 1964, when it shall stand abolished unless by appropriate legislative action it is con tinued after that time.

Section 2. There shall be a Chairman of the Commission to be ap pointed by the Governor from the membership thereof. The Commission shall elect a Vice-Chairman from its membership and a Secretary who need not be a member of the Commission. A majority of members of the Commission shall constitute a quorum for the transaction of business.

Section 3. The Commission shall meet at least once each quarter and at such other times as may be deemed necessary by the Chairman or by the written request of a majority of the members. When not in session the Chairman shall exercise, as needed, the powers and authority herein conferred upon the Commission.
Section 4. The Commission is hereby empowered to adopt bylaws establishing rules for the conduct of its meetings and policies and ad ministrative procedures for carrying out the purposes of the Commission.
Section 5. The Commission shall have authority to employ, if needed, a full-time Executive Director, who shall also be a person of recognized professional qualifications in the field of employee pension and retirement systems. The Executive Director shall be the chief ad ministrative officer of the Commission; he shall serve at the pleasure of the Commission, and shall receive such compensation and expenses as may be prescribed by the Commission.
Section 6. The Chairman, with the advice and consent of the Com mission, shall employ such other full or part time administrative, cler ical, professional, legal, technical and other personnel as may be deemed necessary and fix the compensation thereof. The Commission may con sult with the Attorney General and the Legislative Counsel and secure the services thereof in the performance of its duties.
Section 7. The members of the Commission shall receive the same compensation, per diem, expenses and allowances which are authorized for members of the Genera] Assembly for interim committee work for the actual days during which they attend meetings of the Commission, provided they are not otherwise compensated by the State for such days.

TUESDAY, MARCH 5, 1963

639

Section 8. The Commission shall be assigned suitable quarters in the State Capitol, or adjoining State office buildings, and is authorized
to expend such funds as may be required for its operation. The Commis sion is authorized to contract with consultant, research and professional firms, institutions or agencies for the making of studies and the gather ing of information pertinent to its duties as hereinafter set out.

Section 9. The duties of the Commission shall be as follows:

(a) To compile a register of all public pension systems in effect in this State, together with a copy of the law(s) or resolution(s) under which said systems are authorized or established, the legislative history thereof, any rules or regulations issued for the administration of same, the name of the person in charge of the administration thereof, and such other information concerning the structure and administration of these systems as the Commission may deem useful in the discharge of its functions as hereinafter prescribed.

(b) To make studies of the structure and administration of the aforesaid systems and of pension systems in general, public and private, and, if feasible, recommend reasonable criteria for public pensions, publice pension systems, or reasonable classifications thereof, and their administration.
(c) To determine to what extent standardization of the structure of public pension systems, or reasonable classifications thereof, and of the administration thereof, is feasible and make recommendations in this respect.

(d) To determine what standard provisions or clauses, if any, are desirable for inclusion in all public pension systems, or reasonable clas sifications thereof, and what provisions or clauses, if any, should be proscribed or prohibited to safeguard against abuse of public pension systems.
(e) To determine what standard practices, if any, are desirable in the administration of all public pension systems, or any reasonable clas sification thereof, and what administrative practices, if any, should be proscribed or prohibited to safeguard against abuse of public pension systems.
(f) To determine what improvements in the structure or adminis tration of public pension systems are desirable.

(g) To consider the feasibility of a permanent State agency to con tinue the work of the Commission or, perhaps, to expand it to regulate public pension systems, or to perform an advisory service to them, or both, or to perform additional duties considered desirable to protect the interests of pensioners, beneficiaries and the public.

(h) For the purpose of this act the term "public pension" shall in clude any pension, retirement, emeritus-officer or similar system estab lished for the benefit of any retired or inactive public officer or employee

640

JOURNAL OF THE SENATE,

to which any public funds are transferred, contributed, or paid in total or partial defrayal of the cost thereof by any public agency. For this purpose, too, the term "public agency" shall include any department, board, commission, instrumentality or official of any branch of the State government, the government of any county or municipality, any joint local government unit, or any authority of any of the aforesaid; the term "public officer or employee" shall include any officer or employee of any public agency so defined. The term "public funds" shall include any fine, cost, fee, or other charge, or any portion thereof, administered in connection with any governmental function performed by any public officer of any public agency as herein defined. The term "structure" shall include membership, terminations, transfer of credits, creditable service, service retirement benefits, organization and duties of admin istration, method of financing, survivors benefits, correlation of Social Security, interrelationships between public pension systems, the inclu sion of local government officials and employees in more comprehensive systems, the expansion, restriction or consolidation of existing systems, and related matters. The term "administration" shall include general financial practices and stability of existing systems but shall not include the financial condition of any particular system.
(i) The Commission shall accomplish as much of the foregoing as signments as possible and make a report thereof to the Governor and General Assembly when the General Assembly reconvenes in regular session in January, 1964.

Section 10. The Commission and its agents are authorized to in spect and study the records, documents and affairs of any public pension system in this State, and it shall he the duty of the administrative offi cer thereof to assist and cooperate with the Commission in the perform ance of its duties.

Section 11. The Chairman of the Commission may appoint sub committees, and Commission may, either itself, or through subcommit tees, hold hearings and otherwise take such action as may be necessary or desirable to collect data and obtain information pertinent to its duties.

Section 12. The funds necessary to effectuate the provisions of this resolution shall come from the funds appropriated or available to the Legislative Branch, but not to exceed $15,000, and from any other available funds.

Section 13. All laws and parts of laws in conflict with this act are hereby repealed.

On the adoption of the substitute, the ayes were 30, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the reso lution, by substitute, was agreed to.

TUESDAY, MARCH 5, 1963

641

On the adoption of the resolution, the ayes were 29, nays 0.

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

HB 385. By Messrs. Tucker and Clark of Catoosa, Floyd of Chattooga, Hale of Dade and others:
A bill to amend an act creating the Lookout Judicial Circuit, so as to provide for clerical assistance for the Solicitor-General of the Lookout Mountain Judicial Circuit; and for other purposes.

The Committee on Judiciary offered the following amendment:
Amend HB 385 by inserting in the caption of said bill between the words Lookout and Judicial the word "Mountain" and by inserting in section 1 of said bill between the words Lookout and Judicial the word "Mountain".

On the adoption of the amendment, the ayes were 35, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.

On the passage of the bill, the ayes were 35, nays 0.

The bill, having received the requisite constitutional majority, was passed, as amended.
SB 123. By Senators Broun of the 46th, Pennington of the 45th, Owens of the 49th, Carter of the 14th and Ellis of the 44th: A bill to promote the safety, convenience and enjoyment of public travel and the free flow of intrastate and interstate commerce; to control the erection and maintenance of outdoor advertising signs, displays and devices adjacent to the National System of Interstate and Defense High ways in Georgia; and for other purposes.
The Rules Committee offered the following amendment:
Amend SB 123 by striking from Section 10 wherever it appears, the figure "$3.00" and inserting in lieu thereof the figure "$10.00".

642

JOURNAL OF THE SENATE,

On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.

On the passage of the bill, Senator Owens of the 49th 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:

Broun of 46th Brown of 34th Byrd Carter Coggin Conway Ellis Fincher Fuqua Gordy Harrison Heard

Holloway Jackson Johnson of 42nd Johnson of 38th Kidd Knox Lee Maclntyre Miller Moore McWhorter Owens

Pannell Pennington Plunkett Rowan Scott Searcey Smalley Webb Wesberry Yancey Zorn

Those voting in the negative were Senators:

Downing Gayner Hunt Kendrick

Loggins McKinnon Oliver Pelham

Smith Spinks Tribble

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

On the passage of the bill, the ayes were 35, nays 11.

The bill, having received the requisite constitutional majority, was passed, as amended.

Senator Gayner of the 5th gave notice that at the proper time he would move to reconsider SB 123.

TUESDAY, MARCH 5, 1963

643

HB 246. By Messrs. Richardson of Chatham, Flournoy of Cobb and others:
A bill to amend an act effecting a complete revision of the laws of this State relating to the qualification and registration of voters so as to provide for registration at places other than the office of the registrars; and for other purposes.

The report 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 Jackson of the 16th moved that the Senate do now adjourn until tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.

644

JOUENAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,

Wednesday, March 6, 1963.

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 Reverend Floyd Jenkins, pastor, First Baptist Church, Jesup, Georgia.

By unanimous consent, the call of the roll was dispensed with.
Senator Gayner of the 5th moved that the Senate reconsider its action on the following bill of the Senate:
SB 123. By Senator Broun of the 46th, Pennington of the 45th, Owens of the 49th, Carter of the 14th and Ellis of the 44th: A bill to promote the safety, convenience, and enjoyment of public travel and the free flow of intrastate and interstate commerce; to control the erection and maintenance of outdoor advertising signs, displays and devices adjacent to the National System of Interstate and Defense High ways in Georgia; and for other purposes.
On the motion to reconsider, the ayes were 8, nays 23, and the motion was lost.
Senator Pelham of the 10th reported that the journal of yesterday's proceed ings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Pannell of the 54th 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.

WEDNESDAY, MARCH 6, 1963

645

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 amendments or substitutes to the follow ing bills of the House:

HB 156. By Mr. McGarity of Henry:
A bill to amend an act relating to the payment of wages due deceased employees to certain survivors without the necessity of administration upon their estates; and for other purposes.

HB 173. By Messrs. Williams and Overby of Hall, Bowen of Dawson, Leonard of Murray, Teague of Cobb, and Paris of Barrow:
A bill to regulate the purchase of used motor vehicles and parts there from; and for other purposes.

HB 252. By Messrs. Isenberg and Killian of Glynn, Dixon of Ware, and others:
A bill to amend an act entitled the "Urban Redevelopment Law", so as to provide additional criteria for the definition of the term "slum area"; and for other purposes.

HB 375. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act so as to provide for a tax on the property located in fire prevention districts in Clayton County; and for other purposes.

The House has disagreed to the Senate substitute or amendment to the fol lowing bills of the House:

HB 40. By Messrs. Bell of Richmond and Mackay of DeKalb:
A bill to amend an act so as to provide that persons under the age of 16 years shall not be sentenced to death for the commission of a capital crime; and for other purposes.

HB 132. By Messrs. Matthews of Clarke, Killian of Glynn, Melton of Spalding, and others:
A bill to amend an act relating to obscene pictures and abusive and vul gar language, so as to provide that any person who shall sell, exhibit, give away, have possession of, advertise for sale, manufacture, print or circulate obscene publications shall be guilty of a felony; and for other purposes.

646

JOURNAL OF THE SENATE,

The House has adopted the following resolution of the Senate:

SR 54. By Senator Kidd of the 25th:
A resolution relative to a basketball game between the members of the Senate and the members of the House of Representatives; and for other purposes.

The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate, to-wit:

HB 503. By Mr. Conner of Jeff Davis:
A bill to amend an act re-incorporating the City of Hazelhurst so as to re-define the corporate limits of said city; and for other purposes.

HB 494. By Messrs. Lane and Nessmith of Bulloch:
A bill to amend an act creating a new charter for the City of Statesboro; and for other purposes.

HB 473. By Messrs. Arnsdorff of Effingham, Parker of Screven, Newton of Colquitt, and others: A bill to define the terms "agricultural products", "Agricultural Com modities", and "Farm products"; and for other purposes.
HB 468. By Mr. Rhodes of Baker: A bill to repeal an act to provide for the compensation of persons holding office of tax collector in certain counties; and for other purposes.

HB 467. By Mr. Rhodes of Baker: A bill to place the Clerks of the Superior Court and the Ordinaries of certain counties on a salary in lieu of the fee system; and for other purposes.
HB 466. By Mr. Rhodes of Baker: A bill to place the Sheriffs in certain counties on a salary in lieu of the fee system of compensation; and for other purposes.
HB 457. By Messrs. Gibbons and Walker of Lowndes: A bill to amend an act providing for a supplement to the compensation of the Judge of the Superior Courts of the Southern Judicial; so as to change the proportionate share paid by Lowndes County; and for other purposes.

WEDNESDAY, MARCH 6, 1963

647

HB 331. By Messrs. Echols of Upson, Paris of Barrow, Story of Gwinnett and Smith of Habersham:
A bill to amend an act regulation malt beverages, so as to provide that the presence of 864 fluid oz. of malt beverages shall be prima facie evi dence of possession of such beverages for purposes of sale; and for other purposes.

HB 255. By Messrs. Pickard, Jones and Dicus of Muscogee:
A bill to amend an act relating to the charter of the City of Columbus, providing a pension system for retired officers and employees and the dependents of officers and employees of said city; and for other purposes.

HB 177. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act providing for grants to certain incorporated mu nicipalities, so as to provide for the purposes for which grants may be made; and for other purposes.

HB 107. By Mr. Rowland of Johnson: A bill to amend an act relating to the transaction of business with Ordi naries, so as to provide for the closing of the Ordinary's Office for two half days per week; and for other purposes.
HB 105. By Messrs. Parker of Screven, Lane of Bulloch, Kirkland of Tattnall, Newton of Jenkins, Davis of Heard and others: A bill to amend an act relating to persons able to contract marriage; and for other purposes.

HB 257. By Messrs. Pickard, Jones and Dicus of Muscogee:
A bill to amend the charter of the City of Columbus, establishing pen sions for certain officers and employees who are not disabled on the basis of period of service and age; and for other purposes.

HB 327. By Messrs. Conger and Griffin of Decatur:
A bill to amend an act creating the Georgia Factory for the Blind, so as to provide that workers in said factory shall receive and observe all State holidays with pay; and for other purposes.

HB 5. By Messrs. Smith of Grady, Bolton of Spalding, and others:
A bill creating the Georgia Department for Youth; and for other pur poses.

648

JOURNAL OF THE SENATE,

HE 158. By Messrs. Smith of Grady, JRutland of DeKalb, Bolton of Spalding, and others:
A resolution to authorize the Department of Public Health to write off uncollectible accounts; and for other purposes.

HR 161. By Mr. Tucker of Burke:
A resolution proposing an amendment to the Constitution so as to pro vide for seven members of the Board of Education of Burke County; and for other purposes.

HR 146. By Mr. Wells of Oconee:
A resolution proposing an amendment to the Constitution so as to pro vide that the Governing Authority of Oconee County may establish a fire protection system, and said County may provide funds for newequipment and other expenses for the Volunteer Fire Department; and for other purposes.

SR 21. By Senators Wesberry of the 37th, Salome of the 36th, and Johnson of the 38th:
A resolution proposing an amendment to the Article XI of the Constitu tion of the State of Georgia; and for other purposes.

The House has adopted as amended the following resolution of the Senate:

SR 22. By Senators Wesberry of the 37th, Salome of the 36th, Johnson of the 38th and others:
A resolution proposing an amendment to Article XI of the Constitution of the State of Georgia; and for other purposes.

The following bills and resolutions were introduced, read the first time, and referred to committees:

SB 140. By Senator Noble of the 19th:
A bill creating a new charter for the City of Rochelle, Wilcox County, Georgia, so as to provide for the payment of a salary for the mayor and aldermen of the City of Rochelle, Wilcox County, Georgia; and for other purposes.
Referred to Committee on County and Municipal Governments.

WEDNESDAY, MARCH 6, 1963

649

SB 141. By Senator Zorn of the 6th:
A bill relating to bills of exceptions and cross-bills of exceptions, so as to provide that all adverse rulings rendered by the trial court may be complained of in a cross-bill; and for other purposes.
Referred to Committee on Judiciary.

SB 142. By Senator Kendricks of the 32nd:
A bill to amend an act known as the "Minimum Foundation Program of Education Act", so as to provide that State-contributed foundation pro gram funds shall be allotted to local units on the basis of average daily attendance; and for other purposes.
Referred to Committee on Educational Matters.

SB 143. By Senator Hunt of the 26th:
A bill to provide that a fallout shelter be included in future construction of public buildings; and for other purposes.
Referred to Committee on Rules.

SB 144. By Senator Noble of the 19th:
A bill incorporating the Town of Cochran under the corporate name and style "City of Cochran", so as to create a Zoning Commission for said City; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 145. By Senator Miller of the 50th:
A bill to provide the Governor-Elect with certain information and facili ties from the time of his election until the time of his inauguration; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.

SB 146. By Senator Coggin of the 35th:
A bill to provide for the registration of manufacturers and dealers of motor vehicles; and for other purposes.
Referred to Committee on Rules.

SR 73. By Senators Pannell of the 54th, Jackson of the 16th, and Gayner of the 5th:
A resolution abolishing the Government Operations Committee of the Senate; and for other purposes.
Referred to Committee on Rules.

650

JOURNAL OF THE SENATE,

HB 5. By Messrs. Smith of Grady, Bolton of Spalding, Rutland and Mackay of DeKalb, Busbee of Dougherty, Andrews of Stephens and Steis of Harris:
A bill creating the Georgia Department of Youth; and for other purposes.
Referred to Committee on Rules.

HB 105. By Messrs. Parker of Screvan, Lane of Bulloch, Kirkland of Tattnall, Newton of Jenkins, Davis of Heard, Simpson of Wheeler and Fowler of Treutlen:
A bill to amend an act relating to persons able to contract marriage; and for other purposes.
Referred to Committee on Judiciary.

HB 107. By Mr. Rowland of Johnson:
A bill to amend an act relating to the transaction of business with ordi naries, so as to provide for the closing of the ordinary's office for two half days per week; and for other purposes.
Referred to Committee on Judiciary.

HB 177. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act providing for grants to certain incorporated mu nicipalities, so as to provide for the purposes for which grants may be made; and for other purposes.
Referred to Committee on Rules.

HB 255. By Messrs. Pickard, Jones and Dicus of Muscogee:
A bill to amend an act relating to the charter of the City of Columbus, providing a pension system for retired officers and employees and the dependents of officers and employees of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 257. By Messrs. Pickard, Jones and Dicus of Muscogee:
A bill to amend the charter of the City of Columbus, establishing pen sions for certain officers and employees who are not disabled on the basis of period of service and age; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 327. By Messrs. Conger and Griffin of Decatur:
A bill to amend an act creating the Georgia Factory for the Blind, so as to provide that workers in said factory shall receive and observe all State holidays with pay; and for other purposes.
Referred to Committee on Industry and Labor.

WEDNESDAY, MARCH 6, 1963

651

HB 331. By Messrs. Echols of Upson, Paris of Barrow, Story of Gwinnett and Smith of Habersham:
A bill to amend an act regulating malt beverages, so as to provide that the presence of 864 fluid oz. of malt beverages shall be prima facie evi dence of such beverages for purposes of sale; and for other purposes.
Referred to Committee on Temperance.

HB 457. By Messrs. Gibbons and Walker of Lowndes:
A bill to amend an act providing for a supplement to the compensation of the judge of the superior courts of the Southern Judicial Circuit, so as to change the proportionate share paid by Lowndes County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 466. By Mr. Rhodes of Baker:
A bill to place the sheriffs in certain counties on a salary in lieu of the fee system of compensation; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 467. By Mr. Rhodes of Baker:
A bill to place the clerks of the Superior Court and the ordinaries of certain counties on a salary in lieu of the fee system of compensation; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 468. By Mr. Rhodes of Baker:
A bill to repeal an act to provide for compensation of persons holding office of tax collector in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 473. By Messrs. Arnsdorff of Effingham, Parker of Screven, Newton of Colquitt, Bowen of Toombs and Newton of Jenkins:
A bill to define the term "agricultural products", "agricultural com modities", and "farm products"; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 494. By Messrs. Lane and Nessmith of Bulloch;
A bill to amend an act creating a new charter for the City of Statesboro; and for other purposes.
Referred to Committee on County and Municipal Governments.

652

JOURNAL OF THE SENATE,

HB 503. By Mr. Conner of Jeff Davis:
A bill to amend an act to reincorporate the City of Hazelhurst, so as to redefine the corporate limits of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 146. By Mr. Wells of Oconee:
A resolution proposing an amendment to the Constitution so as to pro vide that the Governing Authority of Oconee County may establish a fire protection system, and said county may provide funds for new equipment and other expenses for the Volunteer Fire Department; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 158. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, Busbee of Dougherty, Andrews of Stephens and Funk of Chatham:
A resolution to authorize the Department of Public Health to write off uncollectible accounts; and for other purposes.
Referred to Committee on Rules.

HR 161. By Mr. Tucker of Burke:
A resolution proposing an amendment to the Constitution so as to pro vide for seven members of the Board of Education of Burke County; and for other purposes.
Referred to Committee on Rules.

The following bills and resolutions were read the second time:

SB 129. By Senator Owens of the 49th:
A bill to create a City Court in certain counties in this State; to provide the place and times of holding said Court; to define its jurisdiction; and for other purposes.

SB 130. By Senator Fuqua of the 22nd:
A bill to amend an act entitled "An act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present corporation laws of the State; and for other purposes.
SB 131. By Senator Pannell of the 54th:
A bill creating the Peace Officers' Annuity and Benefit Fund, so as to provide for the filing of a notice in connection with disability benefits; and for other purposes.

WEDNESDAY, MARCH 6, 1963

653

SB 132. By Senators Johnson of the 42nd and McWhorter of the 43rd:
A bill to repeal the last sentence of Section 13 (c) of the Minimum Foun dation Program Act, relating to the calculation of local financial ability of the counties of Fulton and DeKalb; and for other purposes.

SB 133. By Senators Phillips of the 27th, McKinnon of the 7th, and Young of the 13th:
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 134. By Senators Johnson of the 38th, Brown of the 34th, Wesberry of the 37th, Salome of the 36th, and Coggin of the 35th:
A bill establishing a new charter for the City of Atlanta, and the sev eral acts amendatory thereof; and for other purposes.

SB 135. By Senators Brown of the 34th, Brewer of the 39th, Maclntyre of the 40th, Johnson of the 38th, Salome of the 36th, and Wesberry of the 37th:
A bill to provide in all counties of 500,000 or more population according to the U.S. Census of 1960 or any future U.S. Census that the Pension Board of the Board of Education in such counties shall recompute the pension paid to those teachers and employees who had retired as a matter of right prior to April 1, 1955 and who had been awarded a basic pension for twenty years of service; and for other purposes.
SB 136. By Senators Brown of the 34th, Brewer of the 39th, Maclntyre of the 40th, Johnson of the 38th, Salome of the 36th, and Wesberry of the 37th:
A bill applying to counties having a population of 500,000 or more by the U. S. Census of 1960 or any future U. S. Census whose governing au thorities are required by law to pay pensions from the county treasury of such county to retired county policemen and firemen; to provide that the governing authorities of such counties shall have authority to recom pute such pensions; and for other purposes.
SB 137. By Senator Scott of the 23rd:
A bill pertaining to commissions for persons who are liable to have guardians appointed or who may be subject to be committed to the Milledgeville State Hospital, so as to provide that aliens may be committed; and for other purposes.

SB 138. By Senator Scott of the 23rd:
A bill providing for the observation of mentally ill persons and their hospitalization, so as to provide that every psychiatric hospital owned by the State of Georgia shall receive aliens according to the provisions of this act; and for other purposes.

654

JOURNAL OF THE SENATE,

SB 139. By Senator Scott of the 23rd:
A bill relating to the administration of the Milledgeville State Hospital in Baldwin County, Georgia, so as to provide that the Hospital shall receive any alien whose commitment is ordered by procedure according to Code Chap. 49-6; and for other purposes.

SR 64. By Senators Conway of the 41st, and Jackson of the 16th:
A resolution creating the Governor's Commission for Scientific Research and Development; and for other purposes.

SR 67. By Senator Phillips of the 27th:
A resolution proposing an amendment to the Constitution, so as to change the method of electing the State School Superintendent; and for other purposes.

HB 24. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill creating in each county, city and town an Industrial Development Authority; and for other purposes.

HB 175. By Mr. Fowler of Douglas:
A bill to amend an act relating to the regulation, licensing and practice of dentists and dental hygienists, so as to provide for additional quali fications for applicants; and for other purposes.

HB 176. By Mr. Fowler of Douglas:
A bill to amend an act relating to dental hygienists so as to provide that fees paid to the Board of Dental Examiners shall not be refundable; and for other purposes.

HB 225. By Messrs. Stuckey of Dodge, Lowrey of Floyd, Arnsdorff of Effingham, Chance of Twiggs and Williams of Coffee:
A bill to regulate the occupation of cosmetology, so as to define "cos metology"; and for other purposes.
HB 226. By Messrs. Stuckey of Dodge, Lowrey of Floyd, Arnsdorff of Effingham, Chance of Twiggs and Williams of Coffee:
A bill to amend an act relating to the barbers and hairdressers, so as to define "Barbering"; to abolish the State Board of Barber and Beauti cians Examiners; and for other purposes.

WEDNESDAY, MARCH 6, 1963

655

HB 241. By Mr. McCracken of Jefferson:
A bill to amend an act establishing a new charter for the City of Louis ville, so as to expand and to define the corporate limits of the City of Louisville; and for other purposes.

HB 321. By Messrs. Dorminy of Ben Hill, Chandler of Baldwin, Milhollin of Cof fee and Mixon of Irwin:
A bill to amend an act consolidating, superseding and revising the Game and Pish Laws of the State of Georgia, so as to provide that it shall be unlawful for any person to possess any trap or device capable of catch ing, holding or capturing quail without a permit from the Commission; and for other purposes.

HB 347. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act to establish the Criminal Court of Atlanta, so as to provide for a clerk of said court; and for other purposes.

HB 358. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act to fix the salary of the judges of the juvenile courts in counties having a population of more than 500,000; and for other purposes.

HB 359. By Messrs. Etheridge and McClelland of Fulton:
A bill to fix the compensation of ordinaries in counties having a popula tion of 500,000 or more; and for other purposes.

HB 360. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act relating to the salaries of the judges and solicitor generals of the Criminal Court of Fulton County; and for other purposes.

HB 476. By Mr. Etheridge of Fulton:
A bill to amend an act abolishing the fee system in the Superior Court of Atlanta Judicial Circuit as applied to the office of the SolicitorGeneral; and for other purposes.

HB 480. By Messrs. Matthews and Newton of Colquitt:
A bill to amend an act creating and incorporating the Town of Riverside, so as to provide for the power and authority of mayor and alderman in connection with public parks, streets, alleys, etc.; and for other purposes.

HB 482. By Mr. Perry of Evans:
A bill to amend an act entitled "An act to incorporate the City of Hagan," in the County of Evans; and for other purposes.

656

JOURNAL OF THE SENATE,

HB 483. By Mr. Lindsey of Wilkes:
A bill to place the sheriff and other officers of Wilkes County on an annual salary in lieu of the fee system; and for other purposes.

HB 484. By Mr. Lindsey of Wilkes:
A bill to amend an act abolishing the offices of the tax collector and tax receiver of Wilkes County and creating in lieu thereof the office of Tax Commissioner; and for other purposes.

HR 28. By Messrs. Walker and Gibbons of Lowndes:
A resolution to compensate Wainer Construction Company, Inc. (High way Department); and for other purposes.

HR 35. By Mr. Kirkland of Tattnall: A resolution to compensate Henry C. Kennedy; and for other purposes.

HR 37. By Mr. Williams of Hall: A resolution to compensate Mr. Tex Jones; and for other purposes.

HR 105. By Mr. Laite of Bibb: A resolution to compensate Emory E. Griffin; and for other purposes.

HR 107. By Mr. Rainey of Crisp:
A resolution to compensate the William L. Sanders Post No. 4742 of the Veterans of Foreign Wars of the U.S.; and for other purposes.

HR 134. By Messrs. McClelland and Etheridge of Fulton:
A resolution amending the resolution creating the Fulton County-City of Atlanta Study Commission, so as to extend the time for making a report of its findings and recommendations; and for other purposes.

HR 137. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A resolution creating the "Constitution Revision Commission"; and for other purposes.

The following reports of committees were submitted, and read by the secre tary:

WEDNESDAY, MARCH 6, 1963

657

Mr. Smalley of the 28th 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 48. Do Not Pass. SB 113. Do Pass. SB 118. Do Pass, by Substitute. SB 127. Do Not Pass. SB 128. Do Not Pass. HB 305. Do Pass, by Substitute. HB 330. Do Pass. HB 354. Do Pass. HB 384. Do Pass.
Respectfully submitted, Smalley of 28th District, Chairman.

Mr. Puqua of the 22nd 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:
HB 191. Do Pass. HB 193. Do Pass. HB 194. Do Pass. SB 130. Do Pass. HB 312. Do Pass, as Amended. SB 108. Do Pass.
Respectfully submitted, Fuqua of 22nd District, Chairman.

658

JOURNAL OF THE SENATE,

Mr. Pennington of the 45th District, Chairman of the Committee on Agricul ture and Natural Resources, submitted the following report:

Mr. President:

Your Committee on Agriculture and Natural Resources has had under con sideration the following bills of the Senate and House and has instructed me, as

Chairman, to report the same back to the Senate with the following recommenda tions :
SB 20. Do Pass. HB 50. Do Pass, as Amended.
Respectfully submitted, Pennington of 45th District, Chairman.

The following resolutions were read and adopted:

SR 72. By Senator Miller of the 50th: A resolution recommending the opening of the road from the top of Brasstown Bald to Young Harris, Georgia; and for other purposes.
SR 74. By Senator Zorn of the 6th: A resolution urging the Governor of the State of Georgia and the Geor gia Congressional Delegation to resist any changes in the present capital gains tax laws, relating to the cutting or disposal of timber; and for other purposes.
SR 75. By Senator Kidd of the 25th: A resolution relative to the members of the Senate challenging the mem bers of the House of Representatives to a basketball game; and for other purposes.
SR 76. By Senators Jackson of the 16th, Fuqua of the 22nd, Knox of the 24th, and Webb of the llth: A resolution creating' the Senate Committee on Business, Trade and Commerce; and for other purposes.
SR 77. By Senators Pannell of the 54th and Jackson of the 16th: A resolution to provide for reimbursement to the Lieutenant Governor and/or President of the Senate and Secretary of the Senate for certain expenses; and for other purposes.

WEDNESDAY, MARCH 6, 1963

659

SR 78. By Senators Pannell of the 54th and Jackson of the 16th: A resolution relating to interim affairs; and for other purposes.

The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:

SB 55. By Senator Fuqua of the 22nd:
A bill to amend an act regulating advertising, approved March 25, 1958 (Ga. Laws 1958, p. 411), as amended, so as to provide that no person, firm, corporation, or association may place deceptive advertising before the public; and for other purposes.

The Committee on Judiciary offered the following substitute:
A BILL TO BE ENTITLED
An act to amend an act regulating advertising, approved March 25, 1958 (Ga. Laws 1958, p. 411), as amended by an act approved March 28, 1961 (Ga. Laws 1961, p. 197), so as to include certain additional adver tising devices under the provisions of that act; to provide an equitable remedy for certain violations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An act regulating advertising, approved March 25, 1958 (Ga. Laws 1958, p. 411), as amended by an act approved March 28, 1961 (Ga. Laws 1961, p. 197), is hereby amended by striking Section 1A of said act in its entirety and substituting in lieu thereof a new Section 1A to read as follows:
"Section 1A. No person, firm, corporation or association or any employee thereof with intent directly or indirectly to dispose of real or personal property or to perform services professional or other wise, or to do anything of any nature whatsoever to induce the public to enter into any obligation relating thereto, shall make or disseminate or cause to be made or disseminated before the public in this State, in any newspaper or other publication, radio, television, or advertising device or by public outcry or proclamation or any other manner or means whatever any statement concerning such real or personal property or services, professional or otherwise, or concerning any circumstances or matter of fact connected with the proposed performance or disposition thereof, which is untrue or fraudulent and which is known, or why by the exercise of reasonable care should be known, to be untrue or fraudulent. Nothing in this section shall apply to any visual or sound broadcasting station or to

660

JOURNAL OF THE SENATE,

any publisher or printer of a newspaper, magazine, or other form of printed advertising, who broadcasts, telecasts, publishes or prints such advertisement in good faith without knowledge of its false or fraudulent character.

"Whoever violates this section, shall be fined not less than two hundred nor more than one thousand dollars or imprisoned not more than twenty days, or both."

Section 2. Said act is further amended by striking from Section 2 therein the words "Section 1", and inserting in lieu thereof the words "any Section", so that when so amended said Section 2 shall read as follows:

"Section 2. Any person, firm or corporation offering through advertising merchandise, commodities or services for sale in viola tion of any Section of this act may be enjoined from such advertis ing by the Superior Court having jurisdiction, upon the suit of any person aggrieved or about to be aggrieved thereby."

Section 3. All laws and parts of laws in conflict with this act are hereby repealed.

Senator Harrison of the 48th offered the following amendment to the substi tute:

Amend the Committee substitute for SB 55 and more particularly the last clause of the first sentence of section 1 A as amended therein so as to read, "which by the exercise of reasonable care should be known" instead of "why by the exercise of reasonable care should be known".

On the adoption of the amendment to the Committee substitute, the ayes were 31, nays 0, and the amendment was adopted.

On the adoption of the substitute, as amended, the ayes were 29, nays 0, and the substitute was adopted, as amended.

The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to, as amended.

On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

WEDNESDAY, MARCH 6, 1963

661

Senator Gayner of the 5th asked unanimous consent that SB 55 be immedi ately transmitted to the House.

The consent was granted.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 40. By Messrs. Bell of Richmond and Mackay of DeKalb:
A bill to amend an act relating to criminal procedure, so as to provide that persons under the age of 16 years shall not be sentenced to death for the commission of a capital crime; and for other purposes.

Senator Smalley of the 28th moved that the Senate insist on its position in amending HB 40, and that a Committee of Conference be appointed.

On the motion, the ayes were 29, nays 0.

The motion prevailed, and the president appointed as a Committee on Con ference on the part of the Senate the following:

Senators Smalley of the 28th, Johnson of the 42nd and Hunt of the 26th.

The following bill of the Senate was taken up for the purpose of considering House amendments thereto:

SB 62. By Senators Smalley of the 28th, Pannell of the 54th, Phillips of the 27th and others:
A bill to authorize the Supreme Court of Georgia to establish, as an administrative arm of the Court, a unified, self-governing bar associa tion to be known as the "State Bar of Georgia" and to repeal conflicting laws; and for other purposes.

The House amendments were as follows:
Bolton of Spalding and Busbee of Dougherty move to amend SB 62 by striking from the caption thereof the following words, to-wit:
"to provide that all laws in conflict with such rules and regula tions shall be superseded unless made cumulative of existing laws".
and by substituting in lieu thereof the following:

662

JOURNAL OF THE SENATE,

"to provide for the right of a lawyer involved in any disbarment proceeding to elect to have any material issue of fact determined by a jury in the Superior Court of the County of his residence."

and by further amending said bill by striking Section 3 thereof in its entirety and by substituting in lieu thereof a new Section 3 to read as follows:

"Notwithstanding the foregoing, the Supreme Court shall not grant an application for the establishment of such Unified State Bar nor at any time approve rules therefor, unless such rules shall provide that before a final order or judgment of disbarment is en tered, the lawyer involved may elect to have any material issues of fact determined by a jury in the Superior Court of the County of his residence."

Mr. Cullens of Bartow move to amend SB 62 by adding to the Bolton amendment immediately following the word "order" in line 4 the following words, to-wit: "of any nature", and immediately following the word "or" on line 4 by adding the following word, to-wit: "any".

Mr. Groover of Bibb moved to amend SB 62 as follows: By inserting in line 4 of Section 5 after the word "amended" the word "only".

Senator Smalley of the 28th moved that the Senate agree to the House amend ments to SB 62.

On the motion to agree, the ayes were 31, nays 2, and the House amendments were agreed to.
SB 56. By Senator Fuqua of the 22nd: A bill to amend Code chapter 39-11, relating to the advertisement of judicial sales, as amended, so as to authorize the supplementing of "offi cial or legal advertising"' by radio or television; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend SB 56 by adding to section 1 following the first sentence therein the following sentence:
"Provided, however, that the amount expended for such supple mentary advertisement shall in no event exceed that expended for the official or legal advertisement as required by law."
On the adoption of the amendment, the ayes were 35, nays 0, and the amend ment was adopted.

WEDNESDAY, MARCH 6, 1963

663

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 15, nays 16.

The bill, having failed to receive the requisite constitutional majority, was lost.

SB 108. By Senator Fuqua of the 22nd:
A bill to amend an act concerning the definition of "trustee" in Public Law No. 256 of Georgia Laws 1949, approved February 25, 1949, so as to amend section II (d) of said act with respect to designation of trust companies; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Gayner of the 5th asked unanimous consent that SB 108 be immedi ately transmitted to the House.

The consent was granted.

H.B 142. By Mr. Harrington of Baldwin:
A bill to authorize and empower the Department of Public Health to conduct a survey to determine the standards that should be required of Day Care Centers operated and maintained to furnish a training pro gram and to care for the mentally retarded; and for other purposes.

The report 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 160. By Messrs. Brown of Hart, Milford of Franklin, Poss of Madison, Brooks of Oglethorpe and Johnson of Elbert:
A bill to provide a salary for the official court reporter of the Northern Judicial Circuit in lieu of fees for criminal cases; and for other purposes.

664

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 384. By Messrs. Wilson, Teague and Flournoy of Cobb:
A bill to provide a salary for the official full time court reporter of the Cobb Judicial Circuit in lieu of fees for criminal cases; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative 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:
SB 28. SB 121. SR 36. SR 68. SR 69. SR 70.
Respectfully submitted, Pelham of 10th District, Chairman.

WEDNESDAY, MARCH 6, 1963

665

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 132. By Messrs. Matthews of Clarke, Killian of Glynn, Melton of Spalding, and others:
A bill to amend an act relating to obscene pictures and abusive and vulgar language, so as to provide that any person who shall sell, exhibit, give away, have possession of, advertise for sale, manufacture, print or circulate obscene publications shall be guilty of a felony; and for other purposes.

Senator Gayner of the 5th moved that the Senate insist on its position in amending HB 132, and that a Committee of Conference be appointed.

On the motion, the ayes were 35, nays 0, and the motion prevailed.

The president appointed as a Committee of Conference on the part of the Senate the following:

Senators Gayner of the 5th, Webb of the llth and Wesberry of the 37th.

Senator Pannell of the 64th moved that the Senate do now adjourn until tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.

666

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,

Thursday, March 7, 1963.

The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.
Scripture reading was offered by Reverend Jack Lowndes, pastor, First Bap tist Church, Brunswick, Georgia.
Prayer was offered by Reverend Bert Lloyd Tapley, pastor, Bowdon Baptist Church, Bowdon, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Pelham of the 10th reported that the journal of yesterday's proceed ings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Pannell of the 54th 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:

THURSDAY, MARCH 7, 1963

667

HB 139. By Mr. Story of Gwinnett:
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 clarify the provisions qualifying for credit for prior service; and for other purposes.

HB 52. By Messrs. Pickard of Muscogee, Fowler of Douglas, Hale of Dade, Duncan of Carroll, and others:
A bill to amend an act establishing a State Board of Registration for Professional Engineers and Surveyors, so as to change the per diem expense allowance for members of said Board; and for other purposes.

HB 184. By Messrs. Mitchell and Smith of Whitfield:
A bill to amend an act establishing an Employee's Retirement System, so as to change the number of times a current member may have previ ously withdrawn his contributions and still re-establish membership; and for other purposes.
HB 205. By Mr. Shea of Chatham:
A bill to provide that counties, municipalities, county boards of educa tion, and other political subdivisions of the State which are authorized to levy taxes shall have the power to issue notes of indebtedness; and for other purposes.
HB 209. By Mr. Wilkes of Cook:
A bill to amend an act known as the Georgia Insurance Code of 1960, so as to remove the provision that no policy of group life insurance may be issued to or for a labor union; and for other purposes.

HB 210. By Mr. Wilkes of Cook:
A bill to provide that no construction contract shall be let by the State or any political subdivision thereof unless said contract contains a provi sion providing for the exclusive use of Georgia forest products; and for other purposes.

HB 265. By Messrs. Bell, Hull and Fleming of Richmond and McCracken of Jef ferson: A bill to amend an act relating to trial of civil cases at return term; and for other purposes.
HB 302. By Messrs. Key ton and Russell of Thomas:
A bill to amend an act creating a Small Claims Court in certain counties, so as to provide for a change in the procedure and practice in garnish ments; and for other purposes.

668

JOURNAL OF THE SENATE,

HB 313. By Messrs. Dixon and Ponsell of Ware:
A bill to provide for the granting of funds to a county in which is located land belonging to the State consisting of at least 20,000 acres from which such county receive no taxes; and for other purposes.

HB 323. By Mr. Andrews of Stephens:
A bill to amend an act relating to the Public Assistance Programs ad ministered by the State Department of Public Welfare to provide for relieving the various counties of financial participation in the medical care programs administered by the State Dept. of Public Welfare under the Public Assistance programs; and for other purposes.

HB 324. By Mr. Andrews of Stephens:
A bill to amend an act known as the "Aid to the Disabled Act" so as to relieve the various counties of financial participation in the medical care benefits paid pursuant to said act; and for other purposes.

HB 325. By Mr. Andrews of Stephens:
A bill to amend an act relating to the Public Assistance Programs ad ministered by the State Department of Public Welfare so as to provide for the inclusion in the definition of "Assistance", medical care in behalf of or any type of remedial care recognized under State law in behalf of recipients eligible for assistance under the hereinafter cited act; and for other purposes.

HB 326. By Mr. Andrews of Stephens:
A bill to amend an act known as the "Aid to Dependent Children Act", so as to change the definition of the term "Dependent Child:" and so as to change the definition of the term "assistance" and to define the term "Foster Family Home"; and for other purposes.

HB 352. By Mr. Lee of Clinch:
A bill to provide that it shall be unlawful to own, possess, use, maintain, or operate pinball machines or similar machines in the State of Georgia; and for other purposes.

HB 365. By Mr. Milhollin of Coffee:
A bill to amend an act establishing standards for weights and measures, so as to provide for licensing and bonding of persons operating moisture testing equipment, and procedure connected therewith; and for other purposes.

THURSDAY, MARCH 7, 1963

669

HB 395. By Messrs. Fowler of Douglas and Jones of Worth:
A bill to amend an act providing for the giving of security by owners and operators of motor vehicles, so as to reduce the deposit of security in cases of injury; and for other purposes.

HB 420. By Messrs. Bolton of Spalding, Rutland of DeKalb, Smith of Grady, and others:
A bill to provide for a Board to inquire into abuses and irregularities in the enforcement of traffic laws and ordinances; and for other purposes.

HB 426. By Messrs. Steis of Harris and Andrews of Stephens:
A bill to amend an act known as the "Georgia Civil Defense Act of 1951", so as to provide for a civil defense organization to each county; and for other purposes.

HB 508. By Mr. Chance of Twiggs:
A bill to amend an act establishing a new charter for the City of Jeffersonville, so as to change the corporate limits of the City of Jeffersonville; and for other purposes.

HR 29. By Messrs. Walker and Gibbons of Lowndes:
A resolution to compensate Mrs. Christine P. King; and for other pur poses.

HR 109. By Mr. Ballard of Newton:
A resolution authorizing the transfer of certain real property located in Pulton County; and for other purposes.

HR 148. By Messrs. Pope and Coker of Cherokee:
A resolution authorizing the conveyance of certain property in Cherokee County; and for other purposes.

HR 150. By Messrs. Steis of Harris and Andrews of Stephens:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to take appropriate legislative action to insure continuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemy attack; and for other purposes.

SB 46. By Senators Zorn of the 6th, McKinnon of the 7th, and others:
A bill to amend Code Section 24-2729, relating to awarding judgment for costs for transmitting a transcript of a record to appellate courts, so as to require appellant to pay in advance; and for other purposes.

670

JOURNAL OF THE SENATE,

The House has passed by substitute the following bills of the Senate:

SB 25. By Senator Phillips of the 27th:
A bill to amend Code section 39-1201, relating to the time, place, and manner of holding public sales of property under execution; and for other purposes.

SB 45. By Senators Zorn of the 6th, McKinnon of the 7th, and others:
A bill to amend Code Section 24-2720, relating to the authority of clerks of the superior courts, so as to authorize the clerks to collect recording fees in advance; and for other purposes.

The House agrees to the Senate amendment to the following bill of the House:

HB 385. By Messrs. Tucker and Clark of Catoosa, Floyd of Chattooga, and others:
A bill to amend an act creating the Lookout Judicial Circuit so as to provide for clerical assistance for the Solicitor-General of the Lookout Mountain Judicial Circuit; and for other purposes.

The House insists on its position on the following bill of the House and has appointed a Committee of Conference:

HB 40. By Messrs. Bell of Richmond and Mackay of DeKalb:
A bill to amend an act relating to criminal procedure, so as to provide that persons under the age of 16 years shall not be sentenced to death for the commission of a capital crime; and for other purposes.

The Speaker appointed as a committee of conference the following:

Messrs. Bell of Richmond, Twitty of Mitchell and Kelly of Jasper.

The House has adopted the following resolutions of the House and Senate:
HR 214. By Messrs. McClelland, Etheridge of Fulton: A resolution expressing regrets at the passing of Honorable Robert F. Pennington; and for other purposes.
HR 212. By Messrs. Gibbons and Walker of Lowndes: A resolution commemorating the 50th Anniversary of Valdosta State College; and for other purposes.

THURSDAY, MARCH 7, 1963

671

SR 55. By Senator Downing of the 1st:
A resolution designating the month of February as American History Month; and for other purposes.

SR 59. By Senator Jackson of the 16th:
A resolution designating Peace Officers Memorial Day and Police Week; and for other purposes.

SR 61. By Senator Webb of the llth:
A resolution expressing regrets at the passing of Dr. Spright Dowell; and for other purposes.

SR 68. By Senator Hunt of the 26th:
A resolution opposing the proposed cutback and urging the expansion of high school ROTC; and for other purposes.

SR 69. By Senators Pannell of the 54th and Conway of the 41st:
A resolution extending an invitation to Senator Richard B. Russell to address a joint session of the House and Senate; and for other purposes.

SR 70. By Senators Pannell of the 54th and Lee of the 47th:
A resolution extending an invitation to Senator Herman E. Talmadge to address a joint session of the House and Senate; and for other pur poses.

The following bills and resolutions were introduced, read the first time and referred to committees:
SB 147. By Senator Zorn of the 6th: A bill relating to the punishment of any person who shall desecrate the burial place of any human body; and for other purposes.
Referred to Committee on Judiciary.
SB 148. By Senator Pannell of the 54th: A bill creating the Jekyll Island State Park Authority, so that the Au thority may be known as the "Jekyll Island-State Park Authority", so as to assure that all income, revenues, gifts, and appropriations shall be used for developing the park; and for other purposes.
Referred to Committee on Rules.

672

JOURNAL OF THE SENATE,

SB 149. By Senators Yancey of the 33rd and Johnson of the 42nd:
A bill to provide for a referendum on the question of whether a sale of malt beverages shall be, or continue to be legal within the boundaries of the county affected; and for other purposes.
Referred to Committee on Temperance.

SB 150. By Senator Wesberry of the 37th:
A bill to provide for the temporary licensing of certain Cubans to prac tice the various professions, businesses and trades coming under the jurisdiction of the various Examining Boards of the Joint-Secretary; and for other purposes. Referred to Committee on Rules.
HB 52. By Messrs. Pickard of Muscogee, Fowler of Douglas, Hale of Bade, Duncan of Carroll and Underwood of Montgomery: A bill to amend an act establishing a State Board of Registration for Professional Engineers and Surveyors, so as to change the per diem expense allowance for members of said Board; and for other purposes.
Referred to Committee on Rules.

HB 139. By Mr. Story of Gwinnett:
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 clarify the provisions qualifying for credit for prior service; and for other purposes.
Referred to Committee on Educational Matters.

HB 184. By Messrs. Mitchell and Smith of Whitfield:
A bill to amend an act establishing an Employee's Retirement System, so as to change the number of times a current member may have previ ously withdrawn his contributions and still re-establish membership; and for other purposes.
Referred to Committee on Educational Matters.

HB 205. By Mr. Shea of Chatham:
A bill to provide that counties, municipalities, county boards of educa tion, and other political subdivisions of the State which are authorized to levy taxes shall have the power to issue notes of indebtedness; and for other purposes.
Referred to Committee on Educational Matters.

THURSDAY, MARCH 7, 1963

673

HB 209. By Mr. Wilkes of Cook:
A bill to amend an act known as the Georgia Insurance Code of 1960, so as to remove the provision providing that no policy of group life insur ance may be issued to or for a labor union; and for other purposes.
Referred to Committee on Banking and Finance.

HB 210. By Mr. Wilkes of Cook:
A bill to provide that no construction contract shall be let by the State or any political subdivision thereof unless said contract contains a pro vision providing for the exclusive use of Georgia forest products; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 265. By Messrs. Bell, Hull and Fleming of Richmond and McCracken of Jef ferson:
A bill to amend an act relating to trial of civil cases at return term; and for other purposes.
Referred to Committee on Judiciary.

HB 302. By Messrs. Keyton and Russell of Thomas:
A bill to amend an act creating a Small Claims Court in certain coun ties, so as to provide for a change in the procedure and practice of gar nishments; and for other purposes.
Referred to Committee on Judiciary.

HB 313. By Messrs. Dixon and Ponsell of Ware:
A bill to provide for the granting of funds to a county in which is located land belonging to the State consisting of at least 20,000 acres from which such county receives no taxes; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 323. By Mr. Andrews of Stephens:
A bill to amend an act relating to the Public Assistance Programs ad ministered by the State Department of Public Welfare to provide for relieving the various counties of financial participation in the medical care programs administered by the State Department of Public Welfare under the Public Assistance Programs; and for other purposes.
Referred to Committee on Health and Welfare.

674

JOURNAL OF THE SENATE,

HB 324. By Mr. Andrews of Stephens:
A bill to amend an act known as the "Aid to the Disabled Act", so as to relieve the various counties of financial participation in the medical care benefits paid pursuant to said act; and for other purposes.
Referred to Committee on Health and Welfare.

HB 325. By Mr. Andrews of Stephens:
A bill to amend an act relating to the Public Assistance Programs ad ministered by the State Department of Public Welfare so as to provide for the inclusion in the definition of "Assistance", medical care in behalf of or any type of remedial care recognized under State law in behalf of recipients eligible for assistance under the hereinafter cited acts; and for other purposes.
Referred to Committee on Health and Welfare.

HB 326. By Mr. Andrews of Stephens: A bill to amend an act known as the "Aid to Dependent Children Act", so as to change the definition of the term "Dependent Child" and so as to change the definition of the term "Assistance" and to define the term "Foster Family Home"; and for other purposes.
Referred to Committee on Health and Welfare.
HB 352. By Mr. Lee of Clinch: A bill to provide that it shall be unlawful to own, possess, use, maintain or operate pinball machines or similar machines in the State of Georgia; and for other purposes.
Referred to Committee on Rules.
HB 365. By Mr. Milhollin of Coffee: A bill to amend an act establishing standards for weights and measures, so as to provide for licensing and bonding of persons operating moisture testing equipment and procedure connected therewith; and for other purposes.
Referred to Committee on Rules.

HB 395. By Messrs. Fowler of Douglas and Jones of Worth:
A bill to amend an act providing for the giving of security by owners and operators of motor vehicles, so as to reduce the deposit of security in cases of injury; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

THURSDAY, MARCH 7, 1963

675

HB 420. By Messrs. Bolton of Spalding, Rutland of DeKalb, Smith of Grady and others:
A bill to provide for a board to inquire into abuses and irregularities in the enforcement of traffic laws and ordinances; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

HB 426. By Messrs. Steis of Harris and Andrews of Stephens:
A bill to amend an act known as the "Georgia Civil Defense Act of 1951", so as to provide for a civil defense organization to each county; and for other purposes.
Referred to Committee on Rules.

HB 508. By Mr. Chance of Twiggs:
A bill to amend an act establishing a new charter for the City of Jeffersonville, so as to change the corporate limits of the City of Jeffersonville; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 29. By Messrs. Walker and Gibbons of Lowndes: A resolution to compensate Mrs. Christine P. King (State Highway De partment) ; and for other purposes.
Referred to Committee on Appropriations.

HR 109. By Mr. Ballard of Newton:
A resolution authorizing the transfer of certain real property located in Fulton County; and for other purposes.
Referred to Committee on Highways.

HR 148. By Messrs. Pope and Coker of Cherokee:
A resolution authorizing the conveyance of certain property in Cherokee County; and for other purposes.
Referred to Committee on Rules.

HR 150. By Messrs. Steis of Harris and Andrews of Stephens:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to take appropriate legislative action to insure continuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemy attack; and for other purposes.
Referred to Committee on Rules.

The following bills and resolutions were read the second time:

676

JOURNAL OF THE SENATE,

SB 140. By Senator Noble of the 19th:
A bill creating a new charter for the City of Rochelle, Wilcox County, Georgia, so as to provide for the payment of a salary for the mayor and aldermen of the City of Rochelle, Wilcox County, Georgia; and for other purposes.

SB 141. By Senator Zorn of the 6th:
A bill relating to bills of exceptions and cross-bills of exceptions, so as to provide that all adverse rulings rendered by the trial court may be complained of in a cross-bill; and for other purposes.

SB 142. By Senator Kendricks of the 32nd:
A bill to amend an act known as the "Minimum. Foundation Program of Education Act", so as to provide that State-contributed foundation pro gram funds shall be allotted to local units on the basis of average daily attendance; and for other purposes.

SB 143. By Senator Hunt of the 26th:
A bill to provide that a fallout shelter be included in future construction of public buildings; and for other purposes.

SB 144. By Senator Noble of the 19th:
A bill incorporating the Town of Cochran under the corporate name and style "City of Cochran", so as to create a Zoning Commission for said City; and for other purposes.

SB 145. By Senator Miller of the 5th:
A bill to provide the Governor-Elect with certain information and facili ties from the time of his election until the time of his inauguration; to repeal conflicting laws; and for other purposes.

SB 146. By Senator Coggin of the 35th:
A bill to provide for the registration of manufacturers and dealers of motor vehicles; and for other purposes.

SR 73. By Senators Pannell of the 54th, Jackson of the 16th and Gayner of the 5th:
A resolution abolishing the Government Operations Committee of the Senate; and for other purposes.

HB 5. By Messrs. Smith of Grady, Bolton of Spalding, Rutland and Mackay of
DeKalb, Busbee of Dougherty, Andrews of Stephens and Steis of Harris: A bill creating the Georgia Department of Youth; and for other purposes.

THURSDAY, MARCH 7, 1963

677

HB 105. By Messrs. Parker of Screven, Lane of Bulloch, Kirkland of Tattnall, Newton of Jenkins, Davis of Heard, Sinipson of Wheeler and Fowler of Treutlen:
A bill to amend an act relating to persons able to contract marriage; and for other purposes.

HB 107. By Mr. Rowland of Johnson:
A bill to amend an act relating to the transaction of business with ordi naries, so as to provide for the closing of the ordinary's office for two half days per week; and for other purposes.

HB 177. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act providing for grants to certain incorporated mu nicipalities, so as to provide for the purposes for which grants may be made; and for other purposes.

HB 255. By Messrs. Pickard, Jones and Dicus of Muscogee:
A bill to amend an act relating to the charter of the City of Columbus, providing a pension system for retired officers and employees and the dependents of officers and employees of said city; and for other purposes.

HB 257. By Messrs. Pickard, Jones and Dicus of Muscogee:
A bill to amend the charter of the City of Columbus, establishing pen sions for certain officers and employees who are not disabled on the basis of period of service and age; and for other purposes.

HB 327. By Messrs. Conger and Griffin of Decatur:
A bill to amend an act creating the Georgia Factory for the Blind, so as to provide that workers in said factory shall receive and observe all State holidays with pay; and for other purposes.

HB 331. By Messrs. Echols of Upson, Paris of Barrow, Story of Gwinnett and Smith of Habersham:
A bill to amend an act regulating malt beverages, so as to provide that the presence of 864 fluid oz. of malt beverages shall be prima facie evi dence of such beverages for purposes of sale; and for other purposes.
HB 457. By Messrs. Gibbons and Walker of Lowndes:
A bill to amend an act providing for a supplement to the compensation of the judge of the superior courts of the Southern Judicial Circuit, so as to change the proportionate share paid by Lowndes County; and for other purposes.

678

JOURNAL OF THE SENATE,

HB 466. By Mr. Rhodes of Baker:
A bill to place the sheriffs in certain counties on a salary in lieu of the fee system of compensation; and for other purposes.

HB 467. By Mr. Rhodes of Baker:
A bill to place the clerks of the Superior Court and the ordinaries of certain counties on a salary in lieu of the fee system of compensation; and for other purposes.

HB 468. By Mr. Rhodes of Baker:
A bill to repeal an act to provide for compensation of persons holding office of tax collector in certain counties; and for other purposes.

HB 473. By Messrs. Arnsdorff of Effingham, Parker of Screven, Newton of Colquitt, Bowen of Toombs and Newton of Jenkins:
A bill to define the terms "agricultural products", "agricultural com modities", and "farm products"; and for other purposes.

HB 494. By Messrs. Lane and Nessmith of Bulloch:
A bill to amend an act creating a new charter for the City of Statesboro; and for other purposes.

HB 503. By Mr. Conner of Jeff Davis:
A bill to amend an act to reincorporate the City of Hazlehurst, so as to redefine the corporate limits of said city; and for other purposes.

HR 146. By Mr. Wells of Oconee:
A resolution proposing an amendment to the Constitution so as to pro vide that the Governing Authority of Oconee County may establish a fire protection system, and said county may provide funds for new equipment and other expenses for the Volunteer Fire Department; and for other purposes.

HR 158. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, Busbee of Dougherty, Andrews of Stephens and Funk of Chatham:
A resolution to authorize the Department of Public Health to write off uncollectible accounts; and for other purposes.

HR 161. By Mr. Tucker of Burke:
A resolution proposing an amendment to the Constitution so as to pro vide for seven members of the Board of Education of Burke County; and for other purposes.

THURSDAY, MARCH 7, 1963

679

The following committee reports were submitted and read by the secretary:

Mr. Brown of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments has had under con sideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommenda tions:
SB 120. Do Pass. SB 126. Do Pass. SB 129. Do Pass. SB 134. Do Pass. SB 135. Do Pass. SB 136. Do Pass. HB 171. Do Pass. HB 174. Do Pass. HB 215. Do Pass, by Substitute. HB 228. Do Pass. HB 241. Do Pass. HB 242. Do Pass. HB 294. Do Pass. HB 328. Do Pass. HB 347. Do Pass. HB 350. Do Pass. HB 351. Do Pass. HB 356. Do Pass. HB 358. Do Pass. HB 359. Do Pass. HB 360. Do Pass. HB 361. Do Pass. HB 366. Do Pass. HB 369. Do Pass. HB 403. Do Pass. HB 405. Do Pass.

680

JOURNAL OP THE SENATE,

HB 407. Do Pass. HB 408. Do Pass. HB 414. Do Pass. HB 416. Do Pass. HB 430. Do Pass. HB 436. Do Pass. HB 438. Do Pass. HB 439. Do Pass. HB 440. Do Pass. HB 447. Do Pass. HB 455. Do Pass, by Substitute. HB 465. Do Pass. HB 474. Do Pass.
Respectfully submitted, Brown of 34th District, Chairman.

Mr. Brown of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following report:
Mr. President:
Your Committee on County and Municipal Governments has had under con sideration the following bills and resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommen dations:
HB 476. Do Pass. HB 480. Do Pass. HB 482. Do Pass. HB 483. Do Pass. HB 484. Do Pass. HR 134. Do Pass.
Respectfully submitted, Brown of 34th District, Chairman.

THURSDAY, MARCH 7, 1963

681

Mr. Gillis of the 20th 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 28. Do Pass. HR 37. Do Pass. HR 45. Do Pass. HR 61. Do Pass. HR 105. Do Pass. HR 107. Do Pass. HR 116. Do Pass. HR 35. Do Pass.
Respectfully submitted, Gillis of 20th District, Chairman.

Mr. Knox of the 24th District, Chairman of the Committee on Highways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following reso lution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HR 34. Do Pass. Respectfully submitted, Knox of 24th District, Chairman.

Mr. Miller of the 50th 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:

682

JOURNAL OF THE SENATE,

SB 137. Do Pass. SB 138. Do Pass. SB 139. Do Pass. HB 225. Do Pass. HB 226. Do Pass, as Amended.

Respectfully submitted, Miller of 50th District, Chairman.

Mr. Kendrick of the 32nd 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 132. Do Pass. SB 142. Do Pass. HB 35. Do Pass.
Respectfully submitted, Kendrick of 32nd District, Chairman.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following resolu tion of the Senate and has instructed me, as Secretary, to report the same back to the Senate with the following recommendation:
SR 65. Do Pass. Respectfully submitted, Rowan of 8th District, Secretary.

The following local, uncontested bills and resolutions, favorably reported by the committees, were read the third time, and put upon their passage:

THURSDAY, MARCH 7, 1963

683

SB 120. By Senator Carlton of the 21st:
A bill incorporating the City of Swainsboro so as to increase the cor porate 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 34, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 126. By Senator Yancey of the 33rd:
A bill to amend an act to create the Cobb County-Marietta Water Au thority; to authorize acquisition; construction, operation, etc.; 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 129. By Senator Owens of the 49th:
A bill to create a city court in certain counties in this State; to provide the place and times of holding said court; to define its jurisdiction; and for other purposes.

The report 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 134. By Senators Johnson of the 38th, Brown of the 34th, Wesberry of the 37th, Salome of the 36th and Coggin of the 35th: A bill to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof; and for other purposes.

684

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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 135. By Senators Brown of the 34th, Brewer of the 39th, Maclntyre of the 40th, Johnson of the 38th, Salome of the 36th and Wesberry of the 37th:
A bill to provide in all counties of 500,000 or more population according to the U.S. Census of 1960 or any future U.S. Census that the Pension Board of the Board of Education in such counties shall recompute the pension paid to those teachers and employees who had retired prior to April 1, 1955; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the billj the ayes were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 136. By Senators Brown of the 34th, Brewer of the 39th, Maclntyre of the 40th, Johnson of the 38th, Salome of the 36th and Wesberry of the 37th:
A bill applying to counties having a population of 500,000 or more by the U.S. Census of 1960 or any future U.S. Census whose governing authori ties are required by law to pay pensions from the county treasury of such county to retired county policemen; to recompute such pensions; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 171. By Messrs. Richardson, Shea and Punk of Chatham: A bill relating to the City Court of Savannah, so as to authorize and empower the Judge of the City Court of Savannah to extend the time for hearing and determining motions for a new trial; and for other purposes.

THURSDAY, MARCH 7, 1963

685

The report 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 174. By Mr. Simmons of Banks:
A bill to amend an act creating the Piedmont Judicial Circuit, so as to change the terms of court in the County of Banks; and for other pur poses.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 228. By Mr. Jones of Worth: A bill to establish a small claims court in counties having a population of not less than 15,900 and not more than 16,700; and for other purposes.
The report 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 241. By Mr. McCracken of Jefferson: A bill to amend an act establishing a new charter for the City of Louis ville, so as to expand and to define the corporate limits of the City of Louisville; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

686

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 215. By Mr. Logan of Gilmer:
A bill to amend an act creating the office of County Commissioner and an Advisory Board of Gilmer County, so as to provide for an annual audit of the office of County Commissioner; and for other purposes.
The Committee on County and Municipal Governments offered the following substitute:
A BILL TO BE ENTITLED
An act to amend an act creating the office of County Commissioner and an Advisory Board of Gilmer County, approved February 23, 1943 (Ga. Laws 1943, p. 1021), as amended, so as to provide for an annual audit and publication thereof of certain offices of the county officials; to provide for penalty for failure to have such audit and publication thereof; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An act creating the office of County Commissioner and an Advisory Board of Gilmer County, approved February 23, 1943 (Ga. Laws 1943, p. 1021), as amended, is hereby amended by inserting be tween Sections 13 and 14 a Section ISA to read as follows:
"Section 13A. The Commissioner shall have prepared annually, an all inclusive audit by a certified public accounting firm of his own office, and the offices of the Clerk of the Superior Court, the Sheriff, Ordinary, Tax Collector, and County School Superintendent which shall reflect the financial condition of the county and such offices including outstanding debts. Such audits shall be filed in the office of the Commissioner and available for the inspection by any taxpayer during regular office hours. Financial statements based on said audits shall be published in the official organ of Gilmer County, with the statement in said paper that the detailed itemized warrants or checks and other accounts are on file in the respective offices subject to the inspection of any taxpayer of said county during regular office hours. If the Commissioner or any other coun ty official shall fail or refuse to cause or permit an annual audit to be made or publish a financial statement as herein provided, he shall be guilty of malfeasance of office and subject to being re moved from office upon petition to the Superior Court of Gilmer County by any citizen of Gilmer County."
Section 2. All laws and parts of laws in conflict with this act are hereby repealed.

THURSDAY, MARCH 7, 1963

687

On the adoption of the substitute, the ayes were 41, 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 242. By Mr. McCracken of Jefferson: A bill to amend an act to incorporate the Town of Avera; and for other purposes.
The report 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 294. By Messrs. Bell, Fleming and Hull of Richmond: A bill providing for counties having a population between 108,000 and 112,000, a county planning and zoning commission and a county 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 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 328. By Messrs. Gibbons and Walker of Lowndes: A bill to provide a method for the registration of voters and for their examination in counties having a population of not more than 49,300 and not less than 49,200; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

688

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 347. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act to establish the Criminal Court of Atlanta, so as to provide for a clerk of said court; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 350. By Mr. Johnson of Warren: A bill to place the clerk of the Superior Court of Warren County on a salary in lieu of a 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 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 351. By Mr. Johnson of Warren: A bill to amend an act providing for the compensation of the ordinary of Warren County; so as to place the compensation of the ordinary of Warren County on a salary basis in lieu of a fee basis; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.

THURSDAY, MARCH 7, 1963

689

HB 358. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act to fix the salary of the judges of the Juvenile Courts in counties having a population of more than 500,000; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 40, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 359. By Messrs. Etheridge and McClelland of Fulton:
A bill to fix the compensation of ordinaries in counties having a popula tion of 500,000 or more; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 356. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, so as to change the corporate limits of said city; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 361. By Messrs. Clark and Tucker of Catoosa:
A bill to repeal certain laws relating to duties of clerks of superior courts and compensation paid for such duties; and for other purposes.

690

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 360. By Messrs. McClelland and Etheridge of Pulton:
A bill to amend an act relating to the salaries of the judges and solici tors 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 366. By Messrs. Alien and Branch of Tift: A bill to further define and prescribe the purposes, powers and duties of the Tift 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 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 369. By Mr. Rodgers of Charlton: A bill to change the terms of the Superior Court of Charlton County of the Waycross 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.

THURSDAY, MARCH 7, 1963

691

HB 403. By Mr. Duncan of Carroll:
A bill to amend an act creating a charter for the City of Carrollton, so as to provide for the rate of taxation for school purposes not to exceed 1.50 per centum per annum; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 405. By Mr. Singer of Stewart:
A bill to amend an act creating a new charter for the City of Lumpkin; and for other purposes.

The report 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 407. By Messrs. Lee and Blalock of Clayton: A bill to authorize any counties in this State having a population of between 46,000 and 47,000 to establish a law library; and for other pur poses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 408. By Messrs. Lee and Blalock of Clayton: A bill to authorize the establishment of a Civil Service System in Clayton County for employees of Clayton County; and for other purposes.

692

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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 414. By Messrs. Branch and Alien of Tift: A bill to amend an act repealing the charter then existing of the City of Tifton and providing for a new charter for the City of Tifton, so as to provide that the minimum age of voting shall be 18 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 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 416. By Messrs. Waldrop and Duncan of Carroll: A bill to amend an act creating a charter for the City of Bowdon; and for other purposes.
The report 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 430. By Mr. King of Chattahoochee: A bill to amend an act reincorporating the Town of Cusseta; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, MARCH 7, 1963

693

On the passage of the bill, the ayes were 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 438. By Mr. Bowen of Randolph:
A bill to amend an act incorporating Andrews Female College; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Carter of the 14th asked unanimous consent that HB 438 be imme diately transmitted to the House.

The consent was granted.
HB 436. By Mr. Tucker of Burke: A bill to amend an act establishing the City Court of Waynesboro, so as to increase the pay of the stenographer 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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 439. By Mr. Carr of Washington: A bill to consolidate all of the laws chartering the Town of Oconee to grant a new charter; to provide that the Town of Oconee shall be known as the City of Oconee; and for other purposes.

694

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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 440. By Mr. Hill of Meriwether:
A bill to amend the charter of the City of Manchester relating to 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 40, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 447. By Mr. Kirkland of Tattnall:
A bill to amend an act establishing the City Court of Reidsville; to pro vide for the disposition of all monies arising from fines, forfeitures, forfeited recognizances and convict hire over and above cost in each 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 40, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 455. By Messrs. Blair and Sewell of Sumter:
A bill to provide that the coroner of Sumter County shall be compen sated on a fee basis supplemented by a salary; and for other purposes.

The Committee on County and Municipal Governments offered the following substitute:

THURSDAY, MARCH 7, 1963

695

A BILL TO BE ENTITLED

An act to provide that the Coroner of Sumter County shall be com pensated on a fee basis supplemented by a salary rather than a fee basis; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. The Governing Authority of Sumter County may supple ment the fees, costs, perquisites and emoluments of whatever kind and nature received each calendar month by the Coroner of Sumter County by a salary in an amount equal to the difference between the sum of such fees, costs, perquisites and emoluments of whatever kind and na ture now or hereafter received by such Coroner for services as such during each calendar month, and a sum to be determined by said Gov erning Authority not to exceed seventy-five ($75.00) dollars. Such sal ary shall be paid from the funds of Sumter County.

In the event the fees, costs, perquisites and emoluments of whatever kind and nature received by such Coroner for services as such, equals seventy-five ($75.00) dollars or more, he shall not receive any salary supplement, and any such fees, costs, perquisites and emoluments re ceived by said Coroner in any one calendar month in excess of seventyfive ($75.00) dollars shall not be carried forward to the next or any succeeding month in calculating the amount of salary supplement that said Coroner may be entitled to receive.

Section 2. It shall be the duty of the Coroner of Sumter County to transmit to the Governing Authority of Sumter County each calendar month, a sworn statement of all fees, costs, perquisites and emoluments of whatever kind and nature received by such Coroner for services as such.

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 39, 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.

696

JOURNAL OF THE SENATE,

HB 465. By Mr. King of Chattahoochee:
A bill to amend an act abolishing the office of tax collector and tax receiver and creating the office of Tax Commissioner of Chattahoochee County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 474. By Messrs. Teague, Flournoy and Wilson of Cobb and Fowler of Doug las:
A bill to amend an act revising, consolidating and superseding the sev eral acts incorporating the Town of Austell so as to change the cor porate limits of the City of Austell; and for other purposes.

The report 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 476. By Mr. Etheridge of Fulton: A bill to amend an act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the SolicitorGeneral; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 480. By Messrs. Matthews and Newton of Colquitt: A bill to amend an act creating and incorporating the Town of Riverside, so as to provide for the power and authority of mayor and alderman in connection with public parks, streets, alleys, etc.; and for other purposes.

THURSDAY, MARCH 7, 1963

697

The report 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 482. By Mr. Perry of Evans:
A bill to amend an act entitled "An act to incorporate the City of Hagan, in the County of Evans"; and for other purposes.

The report 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 483. By Mr. Lindsey of Wilkes:
A bill to place the sheriff and other officers of Wilkes County on an annual salary in lieu of the 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 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 484. By Mr. Lindsey of Wilkes: A bill to amend an act abolishing the offices of the tax collector and tax receiver of Wilkes County and creating in lieu thereof 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.

698

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HE 134. By Messrs. McClelland and Etheridge of Fulton:
A resolution to amend the resolution creating the Fulton County-City of Atlanta Study Commission, so as to extend the time for making a report of its findings and recommendations; and for other purposes.

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

On the adoption of the resolution, the ayes were 48, nays 0.

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

The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:

SB 31. By Senator Downing of the 1st:
A bill to amend Title 114 of the Code of Georgia, relating to Workmen's Compensation, as amended, so as to provide a time limitation for inves tigating and entering into agreements to pay compensation; and for other purposes.

The Committee on Industry and Labor offered the following substitute:
A BILL TO BE ENTITLED
An act to amend Title 114 of the Code of Georgia, relating to Work man's Compensation, as amended, so as to further define "injury" and "personal injury"; to authorize the State Board of Workmen's Compen sation to approve and permit final and binding settlements of claims under the Workmen's Compensation Act, whereby both sides are repre sented by counsel; to permit employees incapacitated for twenty-eight or more consecutive days following an injury to recover compensation for the first seven days of such incapacity; to establish rights and pro cedures pertaining to subrogation; to change minimum weekly benefits for total incapacity and maximum weekly benefits, and to increase the

THURSDAY, MARCH 7, 1963

699

maximum compensation payable; to increase maximum weekly benefits for partial incapacity and to increase the maximum compensation pay able; to increase the number of weeks for compensating for injuries; to limit the maximum compensation for compensating two permanent injuries and to increase the maximum compensation payable; to increase compensation for funeral expenses; to permit the Board to authorize lump sum settlements in certain instances; to provide for the appoint ment of a guardian by the Board; to increase the basic medical expenses allowable; to provide for return of bond in certain instances; to change method of appeal; to limit time for filing claims for compensation for exposure to x-ray or radioactive substances; to change provisions for medical and burial expenses; to provide for subpoena powers by the Board; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Title 114 of the Code of Georgia, relating to Workmen's Compensation, as amended, is hereby amended by changing the period at the end of Code Section 114-102, relating to injury and personal in jury, as amended, to a comma and adding thereafter the words "nor shall 'injury' and 'personal injury' include heart disease, heart attack, the failure or occlusion of any of the coronary blood vessels, or throm bosis, unless it is shown by preponderance of competent and creditable evidence that it was attributable to the performance of the usual work of employment.", so that when so amended, Code Section 114-102 shall read as follows:
"114-102. 'Injury' and 'personal injury' defined.--'Injury' and 'personal injury' shall mean only injury by; accident arising out of and in the course of the employment and shall not, except as here inafter provided, include a disease in any form except where it re sults naturally and unavoidably from the accident, nor shall 'injury' and 'personal injury' include injury caused by the willful act of a third person directed against an employee for reasons personal to such employee, nor shall 'injury' and 'personal injury' include heart disease, heart attack, the failure or occlusion of any of the coronary blood vessels, or thrombosis, unless it is shown by preponderance of competent and creditable evidence that it was attributable to the performance of the usual work of employment."
Section 2. Said Title is further amended by adding to the end of Code Section 114-106, relating to settlements, the following:
"Whenever it shall appear to the Board, by stipulation of the parties or otherwise, that both parties are represented by counsel and that there is a bona fide dispute as to facts, the determination of which will materially affect the right of the employee or depend ent to recover compensation or the amount of compensation which would be recovered, or that there is a genuine dispute as to the applicability of the act, and it further appears that the parties have agreed upon a settlement between themselves, which settlement gives due regard and weight to the conflicting evidence available relating to the disputed facts, or to the questions as to the applica-

700

JOURNAL OF THE SENATE,

bility of the act, then upon such determination, the Board shall ap prove such settlement and enter an award conforming to the terms of such settlement, even though such settlement may provide for the payment of compensation in a sum or sums less than would be payable if there were no conflict as to the employee's right to re cover compensation; where such settlement has been agreed upon and approved by the Board, the same shall constitute a complete and final disposition of all claims on account of the incident, injury or injuries referred to therein and the Board shall not be author ized to enter upon any award subsequent to such Board approval amending, modifying or changing in any manner the said settle ment, nor shall said settlement be subject to review by the Board under Code Section 114-709."

so that when so amended, Code Section 114-106 shall read as follows:

"114-106. Settlements encouraged--Nothing herein contained shall be construed so as to prevent settlements made by and between the employee and employer, but rather to encourage them, so long as the amount of compensation and the time and manner of payment are in accordance with the provisions of this Title. A copy of any such settlement agreement shall be filed by the employer with the State Board of Workmen's Compensation, and no such settlement shall be binding until approved by the Board. Whenever it shall appear to the Board, by stipulation of the parties or otherwise, that both parties are represented by counsel and that there is a bona fide dispute as to facts, the determination of which will materially affect the right of the employee or dependent to recover compen sation or the amount of compensation which would be recovered, or that there is a genuine dispute as to the applicability of the act, and it further appears that the parties have agreed upon a settlement between themselves, which settlement gives due regard and weight to the conflicting evidence available relating to the disputed facts, or to the questions as to the applicability of the act, then upon such determination, the Board shall approve such settlement and enter an award conforming to the terms of such settlement, even though such settlement may provide for the payment of compensation in a sum or sums less than would be payable if there were no conflict as to the employee's right to recover compensation; where such settle ment has been agreed upon and approved by the Board, the same shall constitute a complete and final disposition of all claims on account of the incident, injury or injuries referred to therein and the Board shall not be authorized to enter upon any award subse quent to such Board approval amending, modifying or changing in any manner the said settlement, nor shall said settlement be sub ject to review by the Board under Code Section 114-709."

Section 3. Said Title is further amended by changing the period at the end of Code Section 114-401, relating to period of incapacity, to a semi-colon and adding at the end thereof the following language:

"and except that if an employee is incapacitated for twentyeight consecutive days following an injury, then compensation shall be paid for such first seven calendar days of incapacity."

THURSDAY, MARCH 7, 1963

701

so that when so amended, Code Section 114-401 shall read as follows: "114-401. Period of Incapacity.--No compensation shall be al
lowed for the first seven calendar days of incapacity resulting from an injury, including the day of the injury, except the benefits pro vided for in Section 114-501; and except that if an employee is in capacitated for twenty-eight consecutive days following an injury, then compensation shall be paid for such first seven calendar days of incapacity."

Section 4. Said Title is further amended by striking Code Section 114-403, relating to subrogation, in its entirety and inserting in lieu thereof a new Code Section 114-403 to read as follows:

"114-403. Subrogation.--Whenever any person is called upon to pay compensation, medical expenses and/or funeral expenses on account of injury or death compensable under this act, and such person contends that a person or persons other than the employer is liable to pay damages, on account of such injury or death, to the injured employee or those entitled to recover for the employee's death, such person called upon to make such payment may give to the persons contended to be so liable and to the injured employee or those entitled to recover on account of his death written notice of such contention and of the fact that the person giving notice is required to make such payment. Upon giving such written notice, the person called upon to make such payment shall be subrogated, to the extent of the compensation, medical expenses and/or funeral expenses payable, to all rights arising out of the injury or death which the injured employee or those entitled to recover on account of his death shall have against such notified persons, and shall have a lien therefor against the net recovery of any judgment or settle ment recovered by the injured employee or by those entitled to re cover on account of the employee's death against any of the persons so notified."
Section 5. Said Title is further amended by striking in Code Section 114-404, relating to total incapacity and limit of compensation, as amended, the figure "$30" and inserting in lieu thereof the figure "$37" and by striking the figure "$10" and inserting in lieu thereof the figure "$12"; and by striking the figures "$10,000.00" and inserting in lieu thereof the figures "$12,500.00" so that when so amended, Code Section 114-404 shall read as follows:
"114-404. Total incapacity; limit of compensation.--When the incapacity to work resulting from an injury is total, the employer shall pay or cause to be paid, as hereinafter provided for, to the employee during such total incapacity a weekly compensation equal to 60 per cent, of his average wages, but not more than $37 per week nor less than $12 per week, except when the weekly wage is below $12, then the regular wages on the date of the accident shall be the weekly amount paid, and in no case shall the period covered by such compensation be greater than 400 weeks, nor shall the total amount of compensation exceed $12,500."
Section 6. Said Title is further amended by striking in Code Section 114-405, relating to partial incapacity and limit of compensation, as

702

JOURNAL OF THE SENATE,

amended, the figure "$20" and inserting in lieu thereof the figure "$30" and by striking the figure "$6,000" and inserting in lieu thereof the figure "$9,000" and by striking the following wording: "In case the par tial incapacity begins after a period of total incapacity, the latter period shall be deducted from the maximum period herein allowed for partial incapacity.", and by inserting in lieu thereof the following wording: "In the incapacity shall follow a period of total incapacity, the number of weeks to which the employee shall be entitled to receive compensation under this Section shall be reduced by the number of weeks for which payments for total incapacity have been made to the employee, and in such event, the limitation as to the total compensation payable under this Section shall not limit the total compensation which may be col lected by the employee.", so that when so amended said Code Section 114-405 shall read as follows:

"114-405. Partial incapacity; limit of compensation.--Except as otherwise provided in the next section hereafter, where the incapac ity for work resulting from the injury is partial, the employer shall pay, or cause to be paid, as hereinafter provided, to the injured em ployee during such incapacity, a weekly compensation equal to 60 per cent, of the difference between his average weekly wages before the injury and the average weekly wages which he is able to earn thereafter, but not more than $30 a week, and in no case shall the period covered by such compensation be greater than 350 weeks from the date of injury. In the event partial incapacity shall follow a period of total incapacity, the number of weeks to which the em ployee shall be entitled to receive compensation under this Section shall be reduced by the number of weeks for which payments for total incapacity have been made to the employee, and in such event, the limitation as to the total compensation payable under this Sec tion shall not limit the total compensation which may be collected by the employee. The total compensation payable shall in no case exceed $9,000."

Section 7. Said Title is further amended by striking from subparagraph (1) of Code Section 114-406, relating to compensation for in juries, as amended, the figure "150" and inserting in lieu thereof the figures "160" and by striking in subparagraph (n) of said Section the figures "125" and inserting in lieu thereof the figures "135", and by striking from subparagraph (r) of said Section the figures "50" and in serting in lieu thereof the figures "60" so that when so amended, said Code Section 114-406 shall read as follows:

"114-406. Compensation for injuries.--In the cases included by the following schedule the permanent partial industrial handicap in each case shall be compensated by payments for the period speci fied, and the compensation so paid for such handicap shall be as specified therein and shall be in lieu of all other compensation for the permanent partial handicap. In addition to the compensation provided in the schedule for permanent partial handicap, compensa tion for total incapacity for work, as provided in section 114-404, shall be paid, but compensation for total incapacity for work shall in no case be paid for a period longer than 10 weeks.

THURSDAY, MARCH 7, 1963

703

(a) Loss of a thumb, 60 per centum of the average weekly wages during 60 weeks.

(b) Loss of a first finger, commonly called the index finger, 60 per centum of the average weekly wages during 40 weeks.

(c) Loss of a second finger, 60 per centum of the average weekly wages during 35 weeks.

(d) Loss of a third finger, 60 per centum of the average weekly wages during 30 weeks.

(e) Loss of a fourth finger, commonly called the little finger, 60 per centum of the average weekly wages during 25 weeks.

(f) Loss of the first phalange of the thumb or any finger shall be considered to be equal to the loss of one-half of such thumb or finger, and the compensation shall be for one-half of the periods of time above specified.

(g) Loss of more than one phalange shall be considered the loss of the entire finger or thumb: Provided, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand.

(h) Loss of a great toe, 60 per centum of the average weekly wages during 30 weeks.

(i) Loss of one of the toes other than a great toe, 60 per cen tum of the average weekly wages during 20 weeks.

(j) Loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of such toe, and the compensation shall be for one-half of the periods of time above specified.

(k) Loss of more than one phalange shall be considered as the loss of the entire toe.

(1) Loss of a hand, 60 per centum of the average weekly wages during 160 weeks.

(m) Loss of an arm, 60 per centum of the average weekly wages during 200 weeks.

(n) Loss of a foot, 60 per centum of the average weekly wages during 135 weeks.
(o) Loss of a leg, 60 per centum of average weekly wages dur ing 225 weeks.
(p) Loss of an eye, 60 per centum of the average weekly wages during 125 weeks.

704

JOURNAL OP. THE SENATE,

(q) Complete loss of hearing in both ears, 60 per centum of average weekly wages during 150 weeks.

(r) Complete loss of hearing in one ear, 60 per centum of the average weekly wages during 60 weeks.

(s) Total loss of use of a member or loss of vision of an eye shall be considered as equivalent to the loss of such member or eye. The compensation for partial loss of, or for partial loss of use of, a member or, for partial loss of vision of an eye, shall be such propor tion of the payments above provided for total loss as such partial loss bears to total loss. Loss of both arms, hands, legs, or feet, or any two of these members, or the permanent total loss of vision in both eyes, shall be deemed permanent total incapacity and shall be compensated under section 114-404.
The weekly compensation payments referred to in this section shall be subject to the same limitations as to maximum and minimum as set out in section 114-404."
Section 8. Said Title is further amended by striking Code Section 114-410, relating to permanent injuries, in its entirety and inserting in lieu thereof a new Code Section 114-410 to read as follows:
"114-410. Two permanent injuries.--If an employee receives a permanent injury as specified in Section 114-406, after having sus tained another permanent injury in the same employment, he shall be entitled to compensation for both injuries, but the total compen sation shall be paid by extending the period and not by increasing the amount of weekly compensation, and in no case exceeding 350 weeks. When the previous and subsequent permanent injuries re ceived in the same employment result in total disability, compensa tion shall be payable for permanent total disability, but payments made for the previous injury shall be deducted from the total pay ment of compensation due. In no event shall the total amount of compensation paid exceed $12,500."
Section 9. Said Title is further amended by striking from subparagraph (a) of Code Section 114-413, relating to death from injury from other causes and sickness and funeral, as amended, the figures "$350" and inserting in lieu thereof the figures "$500", so that as so amended said Code Section 114-413 shall read as follows:
"114-413. Death from causes other than injury; death result ing from injury; expenses of last sickness and funeral; dependents.-- When an employee is entitled to compensation under this Title for an injury received, and death ensues from any cause not resulting from the injury for which he was entitled the compensation, pay ments of the unpaid balance for such injury shall cease and all lia bility therefor shall terminate.
"If death results instantly from an accident arising out of and in the course of employment, or if during the period of disability caused by an accident death results proximately therefrom, the com pensation under this title shall be as follows:

THURSDAY, MARCH 7, 1963

705

"(a) The employer shall, in addition to any other compensation, pay the reasonable expenses of the employee's last sickness, and burial expenses not to exceed $500. If the employee leaves no de pendents this shall be the only compensation.

"(b) The employer shall pay the dependents of the deceased employee, wholly dependent on his earnings for support at the time of the injury, a weekly compensation equal to 85 per cent, of the compensation which is provided for in section 114-404 for total dis ability, for a period not exceeding 400 weeks from date of injury.

"(c) If the employee leaves dependents only partially depend ent on his earnings for their support at the time of his injury, the weekly compensation for these dependents shall be in the same pro portion to the compensation for persons wholly dependent as the average amount contributed weekly by the deceased to the partial dependents bears to his average weekly wages at the time of his injury.
"(d) When weekly payments have been made to an injured em ployee before his death, compensation to dependents shall begin on the date of the last of such payments, but the number of weekly payments made to the injured employee under section 114-404 shall be subtracted from the maximum of 400 weeks provided by this section, so that the duration of payments made to the dependents under this section plus the weekly payments made to the injured employee under section 114-404 shall not exceed a total of 400 weeks from the date of the injury, and in no case shall payments be made to dependents except during dependency.
"(e) If the employee does not leave dependents, citizens of or residing at the time of the accident in the United States or Do minion of Canada, the amount of compensation shall not in any case exceed $1,000.

"The compensation provided for in this section shall be payable only to dependents and only during dependency."
Section 10. Said Title is further amended by adding at the end of Code Section 114-417, relating to lump sum payments, as amended, the following language:

"Provided further that, except with the consent of all parties, no such lump sum payment shall be ordered in any such case in which the Board finds from the evidence that there may be a future change of condition in respect to the disability for which the com pensation shall be payable. Where such lump sum award has been made, the same shall constitute a complete and final disposition of! all claims on account of the incident, injury, or injuries giving rise*. to the claim, where both parties are represented by counsel, and the. Board shall not be authorized to enter any award subsequent thereto amending, modifying, or changing in any manner the amount of' compensation payable on account of such incident, injury, or in juries, nor shall the award thereafter be subject to review by thej Board under Code Section 114-709.",

706

JOURNAL OF THE SENATE,

so that when so amended said Code Section 114-417 shall read as follows:

"114-417. Payment in lump sum.--Whenever any weekly pay ment has been continued for not less than 26 weeks, the liability therefor may, when the State Board of Workmen's Compensation
deem it to be to the best interest of the employee or his dependents, or where it will prevent undue hardship on the employer or his insurance carrier, without prejudicing the interests of the employee
or his dependents, be redeemed, in whole or in part, by the payment by the employer of a lump sum which shall be fixed by the Board, but in no case to exceed the commutable value of the future install ments which may be due under this law; provided, that the lump sum to be paid shall be fixed at an amount which will equal the total sum of the probable future payments, reduced to their present value upon the basis of interest calculated at five per cent, per annum. Provided further that, except with the consent of all par ties, no such lump sum payment shall be ordered in any such case in which the Board finds from the evidence that there may be a future change of condition in respect to the disability for which the compensation is payable or as to the duration of the period during which compensation shall be payable. Where such lump sum award has been made, the same shall constitute a complete and final dis position of all claims on account of the incident, injury or injuries giving rise to the claim, where both parties are represented by counsel, and the Board shall not be authorized to enter any award subsequent thereto amending, modifying, or changing in any manner the amount of compensation payable on account of such incident, injury, or injuries, nor shall the award thereafter be subject to review by the Board under Code Section 114-709."

Section 11. Said Title is further amended by striking Code Section 114-421, relating to appointment of guardian by the Board, as amended, in its entirety and inserting in lieu thereof a new Code Section 114-421 to read as follows:
"114-421. Appointment of guardian by the Board.--The State Board of Workmen's Compensation is authorized to appoint a quali fied guardian for any minor or legally incompetent claimant who shall be entitled to workmen's compensation benefits, where there is no duly appointed and qualified guardian for such minor or le gally incompetent person, but the authority of any such guardian so appointed by the Board shall be limited to the administration of such workmen's compensation benefits only as such minor or legally incompetent person might be entitled to receive."
Section 12. Said Title is further amended by striking from Code Section 114-501, relating to medical and other treatment, as amended, the figures "$1,125" and inserting in lieu thereof the figures "$2,000", and by striking in said Section the figures "$375" and inserting in lieu thereof the figures "$500" so that as so amended Code Section 114-501 shall read as follows:
"114-501. Medical and other treatment; artificial members; ef fect of refusal to accept.--Medical, surgical, hospital, and other

THURSDAY, MARCH 7, 1963

707

treatment in amount not to exceed $2,000, including medical and surgical supplies as may reasonably be required, for the period not exceeding 10 weeks from date of injury to effect a cure or give relief and for such additional time, and for such additional amount not exceeding $500 additional, as in the judgment of the Board will tend to lessen the period of disability, and in addition thereto such original artificial members as may be reasonably necessary at the end of the healing period shall be provided by the employer. In case of a controversy arising between the employer and the em ployee relative to the continuance of medical, surgical, hospital, or other treatment, the State Board of Workmen's Compensation may order such further treatments as may in the discretion of the Board be necessary, within the limits of time and amount as set forth above.

"The Board may at any time upon request of an employee order a change of physician or treatment and designate other treatment or another physician as suggested by the injured employee subject to the approval of the Board, and in such a case the expense thereof shall be borne by the employer upon the same terms and conditions as hereinbefore provided in this section for medical and surgical treatment and attendance.

"The refusal of the employee to accept any medical, hospital, surgical, or other treatment when ordered by the State Board of Workmen's Compensation shall bar said employee from further compensation until such refusal ceases, and no compensation shall at any time be paid for the period of suspension unless in the opin ion of the State Board of Workmen's Compensation the circum stances justify the refusal, in which case, the State Board of Work men's Compensation may order a change in the medical or hospital service.
"If in an emergency on account of the employer's failure to pro vide the medical or other care as herein specified a physician other than provided by the employer is called to treat the injured em ployee, the reasonable cost of such service, within the limits of time and amount set forth above, shall be paid by the employer if so ordered by the State Board of Workmen's Compensation."

Section 13. Said Title is further amended by striking from Code Section 114-602, relating to posting bonds, as amended, the following wording: "after a period of three years where there is no outstanding claim shown as of record of the State Board of Workmen's Compensa tion,", and inserting in lieu thereof the following wording: "upon the filing of a certificate certifying to the existence of an insurance contract to take over outstanding liability resulting to presently pending claim or any future unrepresented claims,", so that when so amended said Code Section 114-602 shall read as follows:
"114-602. Duty to insure in licensed company, association, etc., or to deposit security, indemnity, or bond; procedure upon ceasing to be self-insurer.--Every employer who accepts the provisions of this Title relative to the payment of compensation shall fully insure.

708

JOURNAL OF THE SENATE,

and keep fully insured, unless otherwise ordered or permitted by the State Board of Workmen's Compensation, his liability hereunder in some corporation, association, or organization, licensed as provided by law to transact the business of workmen's compensation insur ance in this State, or in some mutual insurance association formed by a group of employers so licensed, or shall furnish to the Board satisfactory proof of his financial ability to pay directly the compen sation in the amount and manner and when due as provided for in this law. In the latter case the Board may in their discretion require the deposit of acceptable security, indemnity or bond to secure the payment of compensation liabilities as they are incurred: Provided, that it shall be satisfactory proof of the employer's financial ability to pay directly the compensation in the amount and manner when due, as provided for in this Title, and the equivalent of acceptable security, indemnity or bond to secure the payment of compensation liabilities as they are incurred, if the employer shall show to the Board that he is a member of a mutual insurance company, duly licensed to do business in this State by the Insurance Commissioner, as provided by the laws of this State, or of an association or group of employers, so licensed, and as such is exchanging contracts of insurance with the employers of this and other States, through a medium specified and located in their agreements between each other, but this proviso shall in no wise restrict or qualify the right of self-insurance as hereinbefore authorized. Nothing herein shall be construed to require an employer to place his entire insurance in a single insurance carrier.

"Wherever a self-insurer has been required to post bond should they cease to be a corporation, and/or obtain coverage, and/or de sire to change from a self-insurer, the Board shall be allowed to return said bond in either instance upon the filing of a certificate certifying to the existence of an insurance contract to take over out standing liability resulting to presently pending claim or any future unrepresented claims, and the Board shall be relieved of any liabil ity arising out of a case where the injuries were incurred or liability therefor, prior to the returning of the bonds."

Section 14. Said Title is further amended by striking from Code Section 114-708, relating to application for review, the word "seven" and inserting in lieu thereof the word "thirty" so that as so amended Code Section 114-708 shall read as follows:

"114-708. Review by all of members; time; remand of case to single director; award.--If an application for review is made to the State Board of Workmen's Compensation within thirty days from the date of notice of the award, all of the members shall review the evidence or, if deemed advisable, as soon as practicable hear the parties at issue, their representatives and witnesses, and shall make an award and file the same in like manner as specified in the fore going section, together with their rulings of law in the premises. A copy of the award so made on review shall immediately be sent to the parties at dispute. All of the members may remand to a single director any case before them for review for the purpose of taking additional evidence; said evidence shall be delivered to all of the

THURSDAY, MARCH 7, 1963

709

members and it shall be taken into account before rendering any decision or award in such case."

Section 15. Said Title is further amended by striking Code Section 114-710, relating to appeals, in its entirety and inserting in lieu thereof a new Code Section 114-710 to read as follows:

"114-710. Appeals to superior court; grounds for rescinding order; writ of error to Court of Appeals.--Any award of the State Board of Workmen's Compensation, provided for in section 114-707, with respect to which no application for a review thereof is filed in due time, or an award of the directors upon such review as provided in section 114-708, shall, in either event, as the case may be, and subject to the other provisions of this Title, be a final award and shall be conclusive and binding as to all questions of fact; but either party to the dispute may, within 30 days from the date of any such final award, or within 30 days from the date of any other final order or judgment of the directors, but not thereafter, appeal from the decision in such final award or from any other final decision of said Board to the court of appeals, in the manner hereafter out lined, and upon the following grounds, viz.: The party conceiving himself to be aggrieved may file an application in writing with the Board asking for an appeal from any such order or decree, stating generally the grounds upon which such appeal is sought. In the event such appeal is filed as hereinbefore provided, the Board shall, within 30 days from the filing of the same, cause certified copies of all documents and papers then on file in their office in the matter, and a transcript of all testimony taken therein, to be transmitted with their findings and order or decree to the clerk of the court of appeals. The cause so appealed may thereupon be brought on for a hearing in accordance with the rules of said court. The findings of fact made by the members within their power shall, in the absence of fraud, be conclusive, but upon such hearing the court shall set aside the order or decree of the members, if it be found that--

(1) The members acted without or in excess of their powers;

(2) The order or decree was procured by fraud;

(3) The facts found by the members do not support the order or decree;

(4) There is not sufficient competent evidence in the record to warrant the members in making the order or decree complained of; or that

(5) The order or decree is contrary to law.

"No order or decree of the Board shall be set aside by the court upon any grounds other than one or more of the grounds above stated. If not set aside upon one or more of such stated grounds, the court shall affirm the order, judgment, decree or decision of the Board so appealed from. Upon the setting aside of any such order,

710

JOURNAL OF THE SENATE,

decree or decision of the Board, the court may recommit the contro versy to the Board for further hearing or proceedings in conformity with the judgment and opinion of the court, or such court may enter the proper judgment upon the findings, as the nature of the case may demand. Such decree of the court shall have the same effect, and all proceedings in relation thereto shall, subject to the other provisions of this Title, thereafter be the same as though rendered in a suit heard and determined by said court.

"In case of an appeal from the decision of the Board, said appeal shall operate as a supersedeas, if the employer has complied with the provisions of this Title respecting insurance, and no such em ployer shall be required to make payment of the award involved in the questions made in the case so appealed, until such questions at issue therein shall have been fully determined in accordance with the provisions of this Title."

Section 16. Said Title is further amended by striking Code Section 114-716, relating to record of injuries, in its entirety and inserting in lieu thereof a new Code Section 114-716 to read as follows:
"114-716. Record of injuries. Records of Board. Report of ter mination of incapacity. Penalty. Reports.-- (a) Every employer who accepts the provisions of this Title relative to the payment of com pensation shall hereafter keep a record of all injuries, fatal or otherwise, received by his employees in the course of their employ ment, on blanks approved by the State Board of Workmen's Com pensation. Within 10 days after the occurrence and knowledge there of, as provided in section 114-303, of an injury to an employee re quiring medical or surgical treatment, or causing his absence from work for more than seven days, a report thereof shall be made in writing and mailed to the Board on blanks to be procured from the Board for this purpose, (b) The records of the Board, insofar as they refer to accidents, injuries, and settlements, shall not be open to the public, but only to the parties satisfying the Board of their interest in such records and the right to inspect them. Under such reasonable rules and regulations as the Board may adopt, the rec ords of the Board as to any employee in any previous case in which such employee was a claimant shall be open to and made available to such claimant, to an employer or its insurance carrier which is called upon to pay compensation, medical expenses and/or funeral expenses, or to any party at interest, except that the Board may make such reasonable charge as it deems proper for furnishing in formation by mail and for copies of records, (c) Upon the termina tion of the disability of the injured employee, the employer shall make a supplementary report to the Board on blanks to be procured from them for the purpose, (d) The said report shall contain the name, nature, and location of the business of the employer, the name, age, sex, and wages and occupation of the injured employee, and shall state the date and hour of the accident causing the injury, the nature and cause of the injury, and such other information as may be required by the Board, (e) Any such employer who refuses or willfully neglects to make the report required by this section shall be liable to a penalty of not more than $25 for each refusal or will-

THURSDAY, MARCH 7, 1963

711

ful neglect, to be assessed by a director in an open hearing, with the right of review as in other cases. In the event the employer has transmitted the report to the insurance carrier for transmission to the Board, the insurance carrier willfully neglecting or failing to transmit the report shall be liable and shall pay the fine, (f) Every employer shall, upon request of the Board, report the number of his employees, hours of their labor, and number of days of operation of business."

Section 17. Said Title is further amended by adding at the end of Code Section 114-801 the following wording:

"Except, however, in cases of disability or death caused by ex posure to x-rays or radioactive substances as listed and defined un der Section 114-803-2, the time for the filing of such claims shall be within one year after the date upon which the employee first suf fered disability from the exposure of x-ray and either knew or in the exercise of reasonable diligence should have known that the occupational disease was caused by his present or prior employment."

so that when so amended Code Section 114-801 shall read as follows:
"114-801. General provisions.--Where the employer and em ployee are subject to the provisions of the workmen's compensation law, the disablement or death of an employee resulting from an occupational disease as hereinafter listed and defined, shall be treated as the happening of an injury by accident, and the employee or, in the case of his death his dependents, shall be entitled to com pensation as provided by the workmen's compensation law, except as hereinafter provided, and the practice and procedure prescribed in such law shall apply to all the proceedings under this Chapter except as hereinafter otherwise provided: Provided, however, that in no case shall an employer be liable for compensation under the provisions of this Chapter except for a disease specified in section 114-803, and unless such disease arose out of and in the course of employment and has resulted from the nature of the employment in which the employee was engaged under such employer and was actually contracted while engaged, meaning by 'nature of the em ployment' that to the occupation in which the employee was so en gaged, there is attached the particular hazard of such disease that distinguishes it from the usual run of occupations and is in excess of the hazards of such disease attending employment in general, and unless disablement or death results within three years in the case of silicosis or asbestosis or within one year in the case of any other occupational disease after the last injurious exposure to the hazard of such disease in such employment, or, in case of death, unless death follows continuous disability from such disease com mencing within the period above limited for which compensation has been paid or awarded or timely claim made as provided by the workmen's compensation lav.', and results within seven years after such last exposure. Except, however, in cases of disability or death caused by exposure to x-rays or radioactive substances as listed and defined under Section 114-803-2, the time for the filing of such claims shall be within one year after the date upon which the employee first suffered disability from the exposure of x-ray and either knew

712

JOUKNAL OF THE SENATE,

or in the exercise of reasonable diligence should have known that the occupational disease was caused by his present or prior employ ment."
Section 18. Said Title is further amended by striking Code Section 114-824, relating to medical and burial expenses, in its entirety and in serting in lieu thereof a new Code Section 114-824 to read as follows:
"114-824. Medical and burial expenses.--Any claimant or em ployee who shall be entitled to compensation under the terms of this Chapter shall be entitled to burial expenses, medical, hospital and other treatment in the same amounts and with the same limitations and conditions as provided in Sections 114-413 and 114-501 for in jured employees."
Section 19. Said Title is further amended by creating a new Code Section to be known as Code Section 114-828, to read as follows:
"114-828. Said Board shall have power to compel the attend ance of witnesses and productions of records as the superior court of this state has the power to compel the attendance of witnesses and production of records."
Section 20. The provisions of this act shall be separate and sep arable, and the invalidity of any portion hereof shall not affect or impair the validity of the remaining portion.
Section 21. All laws and parts of laws in conflict with this act are hereby repealed.

On the adoption of the substitute, Senator Yancey of the 33rd 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:

Broun of 46th Brown of 34th Byrd Carlton Carter Coggin Conway Downing Ellis Fincher Fuqua Gayner Gillis Gordy Hall Harrison Heard

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Knox Lee Loggins Maclntyre Miller Moore McWhorter Noble Oliver Owens

Pannell Pelham Pennington Phillips Plunkett Rowan Salome Searcey Smalley Smith Spinks Tribble Webb Wesberry Yancey Zorn

THURSDAY, MARCH 7, 1963

713

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

On the adoption of the substitute, the ayes were 50, nays 0, and the substi tute 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 45, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.
Senator Downing of the 1st asked unanimous consent that SB 31 be immedi ately transmitted to the House.
The consent was granted.
HB 50. By Messrs. Scarborough of Crawford, Keadle of Lamar, Pope of Cherokee, Rainey of Crisp, Underwood of Taylor, Baughman of Early and others: A bill to create the Georgia Board of Floral Designers; to provide for the appointment of members and to provide for their qualifications, terms, duties, powers and compensation; and for other purposes.
The Committee on Agriculture and Natural Resources offered the following amendment:
Amend HB 50 by striking from Section 2 the words "The five mem bers shall be selected from a list of not less than ten recommendations by the governing body of the Georgia State Florists Association."
By changing the period at the end of the first sentence of Section 6 to a comma and adding the following, "who shall remit the same to the State Treasurer."
On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment was adopted.
Senator Tribble of the 3rd offered the following amendment:
Amend HB 50 by adding at the end of section 11 the following lan guage:

714

JOURNAL OF THE SENATE,

"Nothing in this act shall be construed to apply to the sale of flowers, arranged or unarranged, when the sale is a direct trans action between the grower and the buyer."

so that when so amended section 11 shall read as follows:

"Section 11. Exceptions. Nothing in this act shall be construed to apply to the sale of or to the sellers of, plants or unarranged flowers. Nothing in this act shall be construed to apply to the sale of flowers, arranged or unarranged, when the sale is a direct trans action between the grower and the buyer."

On the adoption of the amendment, the ayes were 37, nays 1, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.

On the passage of the bill, the ayes were 17, nays 24.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Holloway of the 12th gave notice that at the proper time he would move to reconsider HB 50.

HB 35. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend an act providing for the coverage of certain officers and employees of political subdivisions of the State under the Old Age and Survivors Insurance and relating to the State 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 225. By Messrs. Stuckey of Dodge, Lowrey of Floyd and others: A bill to regulate the occupation of cosmetology, so as to define "cos metology"; and for other purposes.

THURSDAY, MARCH 7, 1963

715

The report 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 6.

The bill, having received the requisite constitutional majority, was passed.
Senator Jackson of the 16th asked unanimous consent that HB 225 be imme diately transmitted to the House.
The consent was granted.
HB 226. By Messrs. Stuckey of Dodge, Lowrey of Floyd and others:
A bill to amend an act relating to the barbers and hairdressers, so as to define "Barbering"; to abolish the State Board of Barber and Beautician Examiners; and for other purposes.
The Committee on Health and Welfare offered the following amendment: Amend HB 220 by striking from section 6 the following language:
"and each year at least such amount shall be appropriated to the Secretary of the State of Georgia, for the purpose of carrying out the provisions of this Chapter. Out of the monies in the hands of the State Treasurer to the credit of the Board at the time of making such report, the Treasurer shall set aside a fund of one thousand five hundred ($1,500.00) dollars, or such portion thereof as the funds in his hands from this source will permit, which funds shall be kept and used by him for the future maintenance of the Georgia State Board of Barbers".
so that when so amended Section 6 shall read as follows:
"Section 6. Said Code Chapter is further amended by striking Section 8-1-406, as amended, in its entirety and inserting in lieu thereof a new Section 84-406 to read as follows:
"84-406. Report of Board. Disposition of money.--Said Board shall on the first day of July of each year report to the Governor a full statement of the receipts and disbursements of the Board for the preceding year. All funds resulting from the operation of the Georgia State Board of Barbers and from the administration of the rules and regulations pertaining to barbers, teachers, barber shops, barber schools, barber colleges and to the State Board of Barbers, excluding all fines, but including all license fees and other income shall be paid into the General Fund of the State Treasury."

716

JOURNAL OP THE SENATE,

Senator Ellis of the 44th offered the following amendment to the Committee amendment:

Amend amendment of Committee on Health and Welfare by insert ing a comma after the word "income" in the last sentence of Section 6."

On the adoption of the amendment to the Committee amendment, the ayes were 33, nays 0, and the amendment to the Committee amendment was adopted.

On the adoption of the Committee amendment, the ayes were 33, nays 0, and the Committee amendment was adopted, as amended.

Senator Salome ofthe 36th moved to amend HB 226 by adding at the end of section 11 the following:

"Provided further, those now serving as apprentices or enrolled in schools shall not be required to have 1500 hours but only 1200 hours."

On the adoption of the amendment, the ayes were 29, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
Senator Jackson of the 16th asked unanimous consent that HB 226 be imme diately transmitted to the House.
The consent was granted.
SB 137. By Senator Scott of the 23rd: A bill to amend Code section 49-604 pertaining to commissions for per sons who are liable to have guardians appointed or who may be subject to be committed to the Milledgeville State Hospital, so as to provide that aliens may be committed; and for other purposes.

THURSDAY, MARCH 7, 1963

717

The report 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 138. By Senator Scott of the 23rd:
A bill to amend an act providing for the observation of mentally ill per sons and their hospitalization, approved March 17, 1960 (Ga. Laws 1960, p. 837), so as to provide that every psychiatric hospital owned by the State of Georgia shall receive aliens according to the provisions of this act; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 139. By Senator Scott of the 23rd:
A bill to amend Code chapter 35-2, relating to the administration of the Milledgeville State Hospital in Baldwin County, Georgia, as amended, so as to provide that the Hospital shall receive any alien whose commitment is ordered by procedure according to Code chapter 49-6; and for other purposes.

The report 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.
HR 34. By Messrs. Fleming, Bell and Hull of Richmond: A resolution providing for and authorizing the conveyance of certain State Property located in Richmond County; and for other purposes.
The report of the committee, which was favorable to the adoption of the reso lution, was agreed to.

718

JOURNAL OF THE SENATE,

On the adoption of the resolution, the ayes were 33, nays 0.

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

HB 354. By Messrs. Matthews and Bedgood of Clarke, Smith of Habersham and Wells of Oconee: A bill to amend an act relating to the larceny of motor vehicles and punishment 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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative 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:
SB 31. SB 55. SB 108. SR 75.
Respectfully submitted, Pelham of 10th District, Chairman.

The following resolutions were read and adopted:
SR 79. By Senator Wesberry of the 37th: A resolution commending the Georgia winners and runners-up in the National Council of Teachers of English Achievement Awards; and for other purposes.

THURSDAY, MARCH 7, 1963

719

SR 80. By Senator Heard of the 29th:
A resolution commending and congratulating Major General Alvin C. Welling, U. S. Arrny; and for other purposes.

SR 81. By Senator Carter of the 14th:
A resolution expressing regret at the passing of the Honorable Herbert Watson Moon, Sr.; and for other purposes.

SR 82. By Senator Heard of the 29th:
A resolution extending congratulations to Honorable Bela A. Lancaster, Superintendent of the City Schools of LaGrange, Honorable W. Wates Keller, Principal of LaGrange High School, Honorable Richard P. Shrewsbury, the basketball team, and others.

HR 212. By Messrs. Gibbons and Walker of Lowndes:
A resolution commemorating the 50th Anniversary of Valdosta State College; and for other purposes.

HR 214. By Messrs. McClelland and Etheridge of Fulton:
A resolution expressing regrets at the passing of Honorable Robert F. Pennington; and for other purposes.

Senator Pannell of the 54th moved that the Senate do now adjourn until tomorrow morning.

The motion prevailed, and the president announced the Senate adjourned until 10:00 o'clock tomorrow morning.

720

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,

Friday, March 8, 1963.

The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.
Scripture reading was offered by Reverend Cecil A. Smith, pastor, Calvary Baptist Church, Lilburn, Georgia.
Prayer was offered by Reverend Bob Kite, pastor, First Baptist Church, Hapeville, Georgia.

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

Senator Holloway of the 12th moved that the Senate reconsider its action of yesterday on the following bill of the House:

HB 50. By Messrs. Scarborough of Crawford, Keadle of Lamar, Pope of Cherokee, Rainey of Crisp, Underwood of Taylor, Baughman of Early and others:
A bill to create the Georgia Board of Floral Designers; to provide for the appointment of members and to provide for their qualifications, terms, duties, powers and compensation; and for other purposes.

On the motion to reconsider, the ayes were 14, nays 16, and the motion was lost.

Senator Pelham of the 10th reported that the journal of yesterday's proceed ings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Pannell of the 54th 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.

FRIDAY, MARCH 8, 1963

721

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 514. By Mr. Moore of Polk:
A bill to abolish the office of county treasurer in counties having a popu lation of not less than 25,250 and not more than 28,250; and for other purposes.

HB 519. By Mr. Twitty of Mitchell:
A bill to amend an act to incorporate the City of Sale City, in the County of Mitchell; and for other purposes.

HB 521. By Mr. Jones of Lumpkin:
A bill to amend an act consolidating the Office of Tax Receiver and Tax Collector of Lumpkin County into one office of Tax Commissioner; and for other purposes.

HB 522. By Mr. Jones of Lumpkin:
A bill to repeal an act entitled "An act to provide for the eligibility of members of the County Board of Education of Lumpkin County; and for other purposes.

HB 524. By Mr. Floyd of Chattooga:
A bill to amend an act incorporating the Town of Menlo, so as to change the name to the City of Menlo; and for other purposes.

722

JOURNAL OF THE SENATE,

HB 526. By Mr. Clark of Catoosa:
A bill to amend an act creating a Board of Utilities Commissioners for Catoosa County; and for other purposes.

HB 529. By Messrs. Flournoy, Teague and Wilson of Cobb:
A bill to amend an act creating a new charter for the City of Smyrna, in order to change one of the punishments authorized from said charter from $100.00 to $300.00; and for other purposes.

HB 531. By Mr. Tucker of Burke:
A bill to amend an act to provide a maximum salary for the Coroner of Burke County; and for other purposes.

HB 532. By Mr. Bowen of Randolph:
A bill to amend an act incorporating the Town of Shellman in Randolph County, so as to change the millage rate limit upon all property subject to levy by the Mayor and City Councilmen; and for other purposes.

HB 534. By Messrs. Pickard, Dicus and Jones of Muscogee: A bill to authorize the City of Columbus and Muscogee County to appro priate and pay into the Health Fund of the County Board of Health all or any part of said budget as to the Commission of the City of Columbus and the Board of Commissioners of Roads and Revenues of Muscogee County is deemed meet and proper; and for other purposes.
HB 536. By Mr. Parker of Screven: A bill to amend an act incorporating and granting a new charter for the City of Sylvania; and for other purposes.

HB 537. By Mr. Overby of Hall: A bill to amend an act providing for the appointment and salary of a Judge and Solicitor for the City Court of Hall County; and for other purposes.
HB 538. By Messrs. Overby and Williams of Hall: A bill to amend the charter of the Town of Clermont; and for other purposes.

FRIDAY, MARCH 8, 1963

723

HB 539. By Mr. White of Mclntosh:
A bill to amend an act relating to the compensation of the Ordinary of Mclntosh County; and for other purposes.

HB 540. 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; and for other purposes.

HB 543. By Mr. Stuckey of Dodge:
A bill to amend an act creating the Office of Tax Commissioner of Dodge County, so as to change the allowable compensation of the Clerk of the Tax Commissioners; and for other purposes.

HB 544. By Mr. Stuckey of Dodge:
A bill to amend an act creating the office of Commissioner of Roads and Revenues in Dodge County, so as to change the allowable compensation of the Clerk of the Commissioner of Roads and Revenues; and for other purposes.

HB 545. By Mr. Stuckey of Dodge:
A bill to be entitled an act to amend an act placing the Ordinary of Dodge County on a salary basis, so as to change the allowable compen sation of the Clerk to the Ordinary; and for other purposes.

HB 546. By Mr. Stuckey of Dodge:
A bill to amend an net to change from the fee system to the salary sys tem in the County of Dodge, the Sheriff and the Clerk of Superior Court, so as to change the total compensation to be paid an Additional Deputy Sheriff, the Deputy Clerk and to assistant or assistants in the office of the Clerk; and for other purposes.

HB 478. By Messrs. Matthews and Newton of Colquitt:
A bill to amend an act creating a small claims court in certain counties, so as to prescribe qualifications for judges of said court; and for other purposes.

HB 550. By Messrs. Harris, Rutland and Mackay of DeKalb:
A bill to provide for a charter for the City of North Atlanta, in the County of DeKalb; and for other purposes.

724

JOURNAL OP THE SENATE,

HB 551. By Messrs. Duncan and Waldrop of Carroll:
A bill to create the Carrollton Payroll Development Authority; and for other purposes.

HB 552. By Messrs. Waldrop and Duncan of Carroll:
A bill to create the Mt. Zion, Turkey Creek and Flynt Corner Develop ment Authority; and for other purposes.

HB 554. By Messrs. Wilson, Teague and Flournoy of Cobb:
A bill to amend an act providing a new charter for the City of Marietta, pertaining to the Marietta Board of Education, so as to change the cor porate limits of said City; and for other purposes.

HB 558. By Messrs. Killian and Isenberg of Glynn:
A bill to provide for the appointment and terms of office of members of the Brunswick and Glynn County Development Authority; and for other purposes.

HB 560. By Mr. Anderson of Tulaski:
A bill to be entitled an act to amend an act creating a new charter for the City of Hawkinsville relating to the Board of Commissioners; and for other purposes.

HB 549. By Messrs. Harris, Rutland and Mackay of DeKalb: A bill to amend an act creating and establishing the Civil and Criminal Court of DeKalb County, so as to provide for the salaries of the Judges, Solicitor, Clerk and Marshal; and for other purposes.
HR 96. By Mr. Causby of Gordon: A resolution authorizing and directing the State Librarian to furnish certain law books to the Ordinary of Gordon County; and for other pur poses.
HB 553. By Messrs. Lee and Blalock of Clayton: A bill to amend an act incorporating the City of Riverdale, so as to pro vide and define wards; and for other purposes.
HB 479. By Mr. Wilkes of Cook: A bill creating a small claims court in counties having a certain popula tion; and for other purposes.

FRIDAY, MARCH 8, 1963

725

HR 151. By Mr. Roberts of Jones:
A resolution to designate "The S. S. Hodge, Sr., Bridge"; and for other purposes.

HB 288. By Mr. Brantley of Candler:
A bill to prohibit the use of certain language over the telephone, to pro hibit the use of the telephone for certain purposes; and for other pur poses.

HB 248. By Mr. Rainey of Crisp:
A bill to amend an act empowering cities, towns, and counties to main tain recreation systems; and for other purposes.

HB 555. By Messrs. Andrews of Stephens, Bynum of Rabun and others:
A bill to authorize special agents of the Revenue Department to bear arms and make arrests in the enforcement of the liquor laws of this State; and for other purposes.

HB 530. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb and others:
A bill to amend an act so as to provide for the appointment of two Deputy State Revenue Commissioners; and for other purposes.

HR 138. By Mr. Branch of Tift:
A resolution creating the State Leased Properties Study Committee; and for other purposes.

HB 518. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, and others:
A bill to provide that it shall be unlawful to display any sign or emblem purporting to convey the impression that the owner thereof is a member of the Governor's Staff without written permission; and for other pur poses.

HB 501. By Mr. Twitty of Mitchell:
A bill to amend the Hospital Authority Law so as to extend the period for which a governing body of any city or county is authorized to enter into contracts with a hospital authority for the continued maintenance and use of their facilities; and for other purposes.

HB 419. By Messrs. House, Groover and Laite of Bibb:
A bill to create the Middle Georgia Coliseum Authority; and for other purposes.

726

JOURNAL OF THE SENATE,

HB 446. By Messrs. Carr of Washington, Smith of Telfair and others:
A bill to amend an act relating to the Georgia Forestry Commission so as to provide for the improvement of real estate held under a deed con taining a reversionary clause; and for other purposes.

SB 59. By Senator Moore of the 31st:
A bill to create the Cedatrown Development Authority, to provide the powers, authority, funds, purposes, organization and procedures con nected therewith; and for other purposes.

HB 73. By Messrs. Williams of Hall, Ware of Troup, Smith of Whitfield, Story of Gwinnett, Henderson of Atkinson, Morgan of Gwinnett, and others:
A bill to amend an act relating to ballots in primary elections and the qualification of candidates in primary elections, so as to provide that ballots shall be prepared so that voters may check the person for whom they desire to vote; and for other purposes.

HB 513. By Mr. Busbee of Dougherty:
A bill to provide that counties, municipalities, and other political subdi visions of this State are authorized to purchase blanket bonds covering employees thereof; and for other purposes.

HB 410. By Mr. Flournoy of Cobb:
A bill to establish an effective date for the Federal Census as used in the statutory law of Georgia; and for other purposes.

HB 424. By Messrs. Bowen of Toombs, Fowler of Treutlen, Perry of Evans, and others:
A bill to amend an act providing for the registration of trademarks, so as to provide for the registration of service marks; and for other pur poses.

HB 485. By Messrs. Towson of Laurens and Duncan of Carroll:
A bill to provide for the retention of certain benefits received from the State Department of Public Welfare by certain individuals under certain conditions; and for other purposes.

The House insists on its position on the following bill of the House and has appointed a Committee of Conference:

FRIDAY, MARCH 8, 1963

727

HB 132. By Messrs. Matthews of Clarke, Killian of Glynn, Melton of Spalding, and others:
A bill to amend an act relating to obscene pictures and abusive and vul gar language, so as to provide that any person who shall sell, exhibit, give away, have possession of, advertise for sale, manufacture, print or circulate obscene publications shall be guilty of a felony; and for other purposes.

The Speaker has appointed the following as a Committee of Conference on the part of the House:

Messrs. Matthews of Clarke, House of Bibb and Clarke of Monroe:

HB 602. By Messrs. Herndon of Appling, Sinclair of Macon, Deen of Bacon, and many others:
A bill to amend an act known as the "Minimum Foundation Program for Education Act", so as to give each county school board certain authority in the matter of consolidating schools; and for other purposes.

The following bills and resolutions were introduced, read the first time, and referred to committees:

SB 151. By Senators Hall of the 52nd and Kendrick of the 32nd:
A bill establishing a retirement system for teachers in the State public schools; and for other purposes.
Referred to Committee on Educational Matters.

SB 152. By Senator Byrd of the 17th:
A bill relating to ballots in elections other than primary elections, so as to provide that a nominee shall not be required to file a petition signed by not less than five per cent of the registered voters of the territory in which he is a candidate; and for other purposes.
Referred to Committee on Rules.
SB 153. By Senator Kidd of the 25th:
A bill to provide that in order to properly safeguard the dissemination of advertising of spirituous liquors, it shall be unlawful for a non-resi dent to give information relating to spirituous liquors to any news media; and for other purposes.
Referred to Committee on Rules.

728

JOURNAL OF THE SENATE,

SB 154. By Senator Holloway of the 12th:
A bill relating to workmen's compensation, particularly disablement or death of an employee resulting from X-rays or other radioactive sub stances, which injuries must be reported within one year of exposure of the rays; and for other purposes.
Referred to Committee on Industry and Labor.

SB 155. By Senator Coggin of the 35th: A bill to provide for records to be kept by the Secretary of State in re gard to the incorporation of municipalities, date of incorporation thereof and changes in the boundaries thereof; and for other purposes.
Referred to Committee on Rules.
SB 156. By Senator Pennington of the 45th: A bill to authorize all eligible officers and employees of the Stone Moun tain Memorial Association created pursuant to the provisions of an act approved Feb. 21, 1958 (Ga. Laws 1958, p. 61), as amended, to become members of the Employees' Retirement System of Georgia; and for other purposes.
Referred to Committee on Rules.
SB 157. By Senators Phillips of the 27th and Hunt of the 26th: A bill to amend an act of the General Assembly of Georgia (Ga. Laws 1953, Nov.-Dec. Session, pp. 2831 et seq.), which provides for a pension plan; to provide for increased contributions by members of such plan; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 158. By Senators Hunt of the 26th and Phillips of the 27th: A bill to amend the charter of the City of Macon by adding definite pro visions providing for sick and annual leave credits for members of the fire and police departments of said city; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 159. By Senator Miller of the 50th:
A bill reincorporating the Town of Young Harris as the City of Young Harris, so as to change the number of council members; and for other purposes.
Referred to Committee on County and Municipal Governments.

FRIDAY, MARCH 8, 1963

729

SR 86. By Senator Spinks of the 9th:
A resolution proposing an amendment to the Constitution, so as to pro vide for the filling of the office of Governor and Lieutenant Governor; to provide for succession to the office of the Governor in the event the Governor-Elect dies; and for other purposes.
Referred to Committee on Rules.

HB 73. By Messrs. Williams of Hall, Ware of Troup, Smith of Whitfield, Story of Gwinnett, Henderson of Atkinson, Morgan of Gwinnett and others:
A bill to amend an act relating to ballots in primary elections, so as to provide that ballots shall be prepared so that voters may check the per son for whom they desire to vote; and for other purposes.
Referred to Committee on Rules.

HB 248. By Mr. Rainey of Crisp:
A bill to amend an act empowering cities, towns and counties to maintain recreation systems; and for other purposes.
Referred to Committee on Rules.

HB 288. By Mr. Brantley of Candler: A bill to prohibit the use of certain language over the telephone; to prohibit the use of the telephone for certain purposes; and for other purposes.
Referred to Committee on Rules.
HB 410. By Mr. Flournoy of Cobb: A bill to establish an effective date for the Federal Census as used in the statutory law of Georgia; and for other purposes.
Referred to Committee on Judiciary.
HB 419. By Messrs. Groover, House and Laite of Bibb: A bill to create the middle Georgia Coliseum Authority; and for other purposes.
Referred to Committee on Rules.
HB 424. By Messrs. Bowen of Toowbs, Fowler of Treutlen, Perry of Evans, Lane and Nessmith of Bulloch, Williams and Milhollin of Coffee and others: A bill to amend an act providing for the registration of trade-marks, so as to provide for the registration of service marks; and for other pur poses.
Referred to Committee on Industry and Labor.

730

JOURNAL OF THE SENATE,

HB 446. By Messrs. Carr of Washington, Smith of Telfair, Hall of Lee, Reaves of Brooks, Herndon of Appling, Russell of Thomas and many others:
A bill to amend an act comprehensively revising and superseding the laws relating to the Georgia Forestry Commission, so as to provide for the improvement of real estate held under a deed containing a rever sionary clause; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 478. By Messrs. Matthews and Newton of Colquitt:
A bill to amend an act creating a small claims court in certain counties, so as to prescribe qualifications for judges of said court; and for other purposes.
Referred to Committee on Judiciary.

HB 479. By Mr. Wilkes of Cook:
A bill creating a small claims court in counties having a population of not less than 11,775 and not more than 11,944; and for other purposes.
Referred to Committee on Judiciary.

HB 485. By Messrs. Towson of Laurens and Duncan of Carroll:
A bill to provide for the retention of certain benefits received from the State Department of Public Welfare by certain individuals under certain conditions; and for other purposes.
Referred to Committee on Health and Welfare.

HB 501. By Mr. Twitty of Mitchell:
A bill to amend an act known as the Hospital Authority Law, so as to extend the period for which a governing body of any city, town, munici pality or county is authorized to enter into contracts with a hospital authority for the continued maintenance and use of the facilities of such authority; and for other purposes.
Referred to Committee on Health and Welfare.

HB 513. By Mr. Busbee of Dougherty:
A bill to provide that counties, municipalities, and other political subdi visions of this State are authorized to purchase blanket bonds covering employees thereof; and for other purposes.
Referred to Committee on Banking and Finance.

FRIDAY, MARCH 8, 1963

731

HB 514. By Mr. Moore of Polk:
A bill to abolish the office of county treasurer in counties having a popu lation of not less than 25,250 and not more than 28,250; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 518. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens: A bill to provide that it shall be unlawful to display any sign or emblem purporting to convey the impression that the owner thereof is a member of the Governor's Staff without written permission; and for other pur poses.
Referred to Committee on Rules.
HB 519. By Mr. Twitty of Mitchell: A bill to amend an act to incorporate the City of Sale City, in the County of Mitchell; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 521. By Mr. Jones of Lumpkin: A bill to amend an act consolidating the office of tax receiver and tax collector of Lumpkin County into one office of Tax Commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 522. By Mr. Jones of Lumpkin: A bill to repeal an act entitled "An act to provide for the eligibility of members of the County Board of Education of Lumpkin County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 524. By Mr. Floyd of Chattooga: A bill to amend an act incorporating the Town of Menlo, so as to change the name to the City of Menlo; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 526. By Mr. Clark of Catoosa: A bill to amend an act creating a Board of Utilities Commissioners for Catoosa County; and for other purposes.
Referred to Committee on County and Municipal Governments.

732

JOURNAL OF THE SENATE,

HB 529. By Messrs. Flournoy, Teague and Wilson of Cobb:
A bill to amend an act creating a new charter for the City of Smyrna, in order to change one of the punishments authorized from said charter from $100.00 to $300.00; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 530. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act so as to provide for the appointment of two Deputy State Revenue Commissioners; to provide for the offices of Deputy State Revenue Commissioner; and for other purposes.
Referred to Committee on Banking and Finance.

HB 531. By Mr. Tucker of Burke:
A bill to amend an act to provide a maximum salary for the coroner of Burke County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 532. By Mr. Bowen of Randolph:
A bill to amend an act incorporating the Town of Shellman in Randolph County, so as to change the millage rate limit upon all property subject to levy by the mayor and city councilmen; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 534. By Messrs. Pickard, Dicus and Jones of Muscogee:
A bill to authorize the City of Columbus and Muscogee County to appro priate and pay into the Health Fund of the County Board of Health all or any part of said budget as to the Commission of the City of Colum bus and the Board of Commissioners of Roads and Revenues of Muscogee County is deemed meet and proper; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 536. By Mr. Parker of Screven: A bill to amend an act incorporating and granting a new charter to the City of Sylvania; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 537. By Mr. Overby of Hall: A bill to amend an act providing for the appointment and salary of a judge and solicitor for the City Court of Hall County; and for other purposes.
Referred to Committee on County and Municipal Governments.

FRIDAY, MARCH 8, 1963

733

HB 538. By Messrs. Overby and Williams of Hall:
A bill to amend the charter of the Town of Clermont; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 539. By Mr. White of Mclntosh:
A bill to amend an act relating to the compensation of the ordinary of Mclntosh County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 540. By Mr. Singer of Stewart:
A bill to amend an act creating the office of Commissioner of the Roads and Revenues of the County of Stewart; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 543. By Mr. Stuckey of Dodge:
A bill to amend an act creating the office of Tax Commissioner of Dodge County, so as to change the allowable compensation of the clerk of the Tax Commissioners; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 544. By Mr. Stuckey of Dodge:
A bill to amend an act creating the office of Commissioner of Roads and Revenues in Dodge County, so as to change the allowable compen sation of the Clerk of the Commissioner of Roads and Revenues; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 545. By Mr. Stuckey of Dodge:
A bill to amend an act placing the ordinary of Dodge County on a salary basis, so as to change the allowable compensation of the clerk to the ordinary; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 546. By Mr. Stuckey of Dodge:
A bill to amend an act to change from the fee system to the salary sys tem in the County of Dodge, the sheriff and the clerk of the superior court, so as to change the total compensation to be paid an additional deputy sheriff, the deputy clerk and to assistant or assistants in the office of the clerk; and for other purposes.
Referred to Committee on County and Municipal Governments.

734

JOURNAL OF THE SENATE,

HB 549. By Messrs. Harris, Rutland and Mackay of DeKalb:
A bill to amend an act creating and establishing the Civil and Criminal Court of DeKalb County, so as to provide for the salaries of the judges, solicitor, clerk and marshal; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 550. By Messrs. Harris, Rutland and Mackay of DeKalb:
A bill to provide for a charter for the City of North Atlanta, in the County of DeKalb; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 551. By Messrs. Duncan and Waldrop of Carroll:
A bill to create the Carroll ton Payroll Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 552. By Messrs. Waldrop and Duncan of Carroll:
A bill to create the Mt. Zion, Turkey Creek and Flint Corner Develop ment Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 553. By Messrs. Lee and Blalock of Clayton: A bill to amend an act incorporating the City of Riverdale, so as to provide and define wards; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 554. By Messrs. Wilson, Teague and Flournoy of Cobb: A bill to amend an act providing a new charter for the City of Marietta, pertaining to the Marietta Board of Education, so as to change the corporate limits of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 558. By Messrs. Killian and Isenberg of Glynn:
A bill to provide for the appointment and terms of office of members of the Brunswick and Glynn County Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

FRIDAY, MARCH 8, 1963

735

HB 560. By Mr. Anderson of Pulaski:
A bill to amend an act creating a new charter for the City of Hawkinsville relating to the Board of Commissioners; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 602. By Messrs. Herndon of Appling, Deen of Bacon, Warren of Wayne, Hall of Lee, Reaves of Brooks, Conner of Jeff Davis and many others:
A bill to amend an act known as the "Minimum Foundation Program for Education Act", as amended, so as to give each county school board certain authority in the matter of consolidating schools; and for other purposes.
Referred to Committee on Educational Matters.

HB 555. By Messrs. Andrews of Stephens, Bynum of Rabun, Groover of Bibb, Clark of Catoosa, Tucker of Catoosa, Story of Gwinnett, Lane of Bulloch and others:
A bill to authorize special agents and enforcement officers of the Reve nue Department in the enforcement of the liquor, wine and beer laws of this State, to bear arms, make arrests, execute warrants for arrest, investigate and execute search warrants, and seize and hold articles of contraband; and for other purposes.
Referred to Committee on Judiciary.

HR 96. By Mr. Causby of Gordon:
A resolution authorizing and directing the State Librarian to furnish certain law books to the ordinary of Gordon County; and for other purposes.
Referred to Committee on Judiciary.

HR 138. By Mr. Branch of Tift: A resolution creating the "State Leased Properties Study Committee"; and for other purposes.
Referred to Committee on Rules.
HR 151. By Mr. Roberts of Jones: A resolution to designate "The S. A. Hodge, Sr. Bridge"; and for other purposes.
Referred to Committee on Highways.
The following bills and resolutions were read the second time:

736

JOURNAL OF THE SENATE,

SB 147. By Senator Zorn of the 6th:
A bill relating to the punishment of any person who shall desecrate the burial place of any human body; and for other purposes.

SB 148. By Senator Pannell of the 54th:
A bill creating the Jekyll Island State Park Authority, so that the Au thority may be known as the "Jekyll Island-State Park Authority", so as to assure that all income, revenues, gifts, and appropriations shall be used for developing the Park; and for other purposes.

SB 149. By Senators Yancey of the 33rd., and Johnson of the 42nd:
A bill to provide for a referendum on the question of whether the sale of malt beverages shall be, or continue to be legal within the boundaries of the county affected; and for other purposes.

SB 150. By Senator Wesberry of the 37th:
A bill to provide for the temporary licensing of certain Cubans to prac tice the various professions, businesses and trades coming under the jurisdiction of the various Examining Boards of the Joint-Secretary; and for other purposes.

HB 52. By Messrs. Pickard of Muscogee, Fowler of Douglas, Hale of Bade, Duncan of Carroll and Underwood of Montgomery:
A bill to amend an act establishing a State Board of Registration for Professional Engineers and Surveyors, so as to change the per diem expenses allowance for members of said Board; and for other purposes.

HB 139. By Mr. Story of Gwinnett:
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 clarify the provisions qualifying for credit for prior service; and for other purposes.

HB 184. By Messrs. Mitchell and Smith of Whitfield:
A bill to amend an act establishing an Employee's Retirement System, so as to change the number of times a current member may have pre viously withdrawn his contributions and still re-establish membership; and for other purposes.

HB 205. By Mr. Shea of Chatham:
A bill to provide that counties, municipalities, county boards of educa tion, and other political subdivisions of the State which are authorized to levy taxes shall have the power to issue notes of indebtedness; and for other purposes.

FRIDAY, MARCH 8, 1963

737

HB 209. By Mr. Wilkes of Cook:
A bill to amend an act known as the Georgia Insurance Code of 1960, so as to remove the provision providing that no policy of group life insur ance may be issued to or for a labor union; and for other purposes.

HB 210. By Mr. Wilkes of Cook:
A bill to provide that no construction contract shall be let by the State or any political subdivision thereof unless said contract contains a pro vision providing for the exclusive use of Georgia forest products; and for other purposes.

HB 265. By Messrs. Bell, Hull and Fleming of Richmond and McCracken of Jef ferson:
A bill to amend an act relating to trial of civil cases at return term; and for other purposes.

HB 302. By Messrs. Keyton and Russell of Thomas:
A bill to amend an act creating a small claims court in certain counties, so as to provide for a change in the procedure and practice of garnish ments; and for other purposes.

HB 313. By Messrs. Dixon and Ponsell of Ware:
A bill to provide for the granting of funds to a county in which is located land belonging to the State consisting of at least 20,000 acres from which such county receives no taxes; and for other purposes.

HB 323. By Mr. Andrews of Stephens:
A bill to amend an act relating to the Public Assistance Programs ad ministered by the State Department of Public Welfare to provide for relieving the various counties of financial participation in the medical care programs administered by the State Department of Public Welfare under the Public Assistance Programs; and for other purposes.

HB 324. By Mr. Andrews of Stephens:
A bill to amend an act known as the "Aid to the Disabled Act", so as to relieve the various counties of financial participation in the medical care benefits paid pursuant to said act; and for other purposes.

HB 325. By Mr. Andrews of Stephens:
A bill to amend an act relating to the Public Assistance Programs ad ministered by the State Department of Public Welfare so as to provide for the inclusion in the definition of "Assistance", medical care in behalf of or any type of remedial care recognized under State law in behalf of recipients eligible for assistance under the hereinafter cited acts; and for other purposes.

738

JOURNAL OF THE SENATE,

HB 326. By Mr. Andrews of Stephens:
A bill to amend an act known as the "Aid to Dependent Children Act", as to change the definition of the term "Dependent Child" and so as to change the definition of the term "Assistance" and to define the term "Foster Family Home"; and for other purposes.

HB 352. By Mr. Lee of Clinch:
A bill to provide that it shall be unlawful to own, possess, use, maintain or operate pinball machines or similar machines in the State of Georgia; and for other purposes.

HB 365. By Mr. Milhollin of Coffee:
A bill to amend an act establishing standards for weights and measures, so as to provide for licensing and bonding of persons operating moisture testing equipment and procedure connected therewith; and for other purposes.

HB 395. By Messrs. Fowler of Douglas and Jones of Worth:
A bill to amend an act providing for the giving of security by owners and operators of motor vehicles, so as to reduce the deposit of security in cases of injury; and for other purposes.

HB 420. By Messrs. Bolton of Spalding, Rutland of DeKalb, Smith of Grady and others:
A bill to provide for a board to inquire into abuses and irregularities in the enforcement of traffic laws and ordinances; and for other pur poses.

HB 426. By Messrs. Steis of Harris and Andrews of Stephens:
A bill to amend an act known as the "Georgia Civil Defense Act of 1951", so as to provide for a civil defense organization to each county; and for other purposes.

HB 508. By Mr. Chance of Twiggs:
A bill to amend an act establishing a new charter for the City of Jeffersonville, so as to change the corporate limits of the City of Jeffersonville; and for other purposes.

HR 29. By Messrs. Walker and Gibbons of Lowndes:
A resolution to compensate Mrs. Christine P. King, (State Highway De partment),; and for other purposes.

FRIDAY, MARCH 8, 1963

739

HR 109. By Mr. Ballard of Newton:
A resolution authorizing the transfer of certain real property located in Fulton County; and for other purposes.

HR 148. By Messrs. Pope and Coker of Cherokee:
A resolution authorizing the conveyance of certain property in Cherokee County; and for other purposes.

HR 150. By Messrs. Steis of Harris and Andrews of Stephens:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to take appropriate legislative action to insure continuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemy attack; and for other purposes.

The following reports of committees were submitted, and read by the sec retary:

Mr. Brown of the 34th District, Chairman of the Committee on County and Municipal Government, submitted the following report:
Mr. President:--
Your Committee on County and Municipal Government has had under con sideration the following bills of the Senate and House and has instructed me as Chairman to report the same back to the Senate with the folowing recommenda tions :
SB 114. Do Pass. SB 140. Do Pass. SB 144. Do Pass. HB 143. Do Pass, as Amended. HB 213. Do Pass, as Amended. HB 255. Do Pass. HB 257. Do Pass. HB 433. Do Pass. HB 434. Do Pass, as Amended. HB 448. Do Pass. HB 457. Do Pass. HB 494. Do Pass.

740

JOURNAL OF THE SENATE,

HB 503. Do Pass. HB 508. Do Pass. HB 442. Do Pass, as amended.

Respectfully submitted, Brown of 34th District, Chairman.

Mr. Hall of the 52nd District, Chairman of the Committee on Penal and Cor rectional Affairs, submitted the following report:
Mr. President:--
Your Committee on Penal and Correctional Affairs, has had under considera tion the folowing bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 441. Do Pass. Respectfully submitted, Hall of 52nd District, Chairman.
Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted the following report:
Mr. President:--
Your Committee on Rules, has had under consideration the following bills and resolutions of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SR 64. Do Pass, as Amended. HB 24. Do Pass. SR 73. Do Pass. HB 5. Do Pass. SB 145. Do Pass. SB 131. Do Pass. SB 124. Do Pass, as Amended. HB 394. Do Pass.

FRIDAY, MARCH 8, 1963

741

HB 352. Do Pass, as Amended.

SB 148. Do Pass.

Respectfully submitted, Rowan of 8th District, Secretary

The following resolutions were read and adopted:

SR 83. By Senator Miller of the 60th:
A resolution expressing regrets for the recent illness of the Honorable B C. Logan, Sr.; and for other purposes.

SR 84. By Senators Pelham of the 10th., and Conway of the 41st:
A resolution commending Judy Lynn Taylor, Rosemary Hines, Jack Millkey, Jim Polk, and their coach Mrs. Elizabeth Podor; and for other purposes.

SR 85. By Senator Coggin of the 35th:
A resolution to commemorate the centennial of the birth of Henry Ford, founder of Ford Motor Company, and to acknowledge his profound and lasting contributions to this nation's progress; and for other purposes.

SR 87. By Senators Pannell of the 54th., Pennington of the 45th., and Lee of the 47th:
A resolution commending Hon. John M. Gayner III; and for other pur poses.

SR 88. By Senators Brown of the 34th., Brewer of the 39th., Maclntyre of the 40th., Coggin of the 35th., Wesberry of the 37th., Salome of the 36th., and Johnson of the 38th:
A resolution expressing sympathy at the passing of Honorable Sam A. Goldberg; and for other purposes.

The following local, uncontested bills and resolutions, favorably reported by the committees, were read the third time, and put upon their passage:

742

JOURNAL OP THE SENATE,

SB 114. By Senator Kidd of the 25th:
A bill to establish and create the Civil and Criminal Court of Baldwin County, Georgia, in lieu of the County Court of Baldwin County; to define its jurisdiction and powers; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were, 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.
SB 144. By Senator Noble of the 19th: A bill to amend an act incorporating the Town of Cochran under the corporate name and style "City of Cochran", approved August 15, 1904 (Ga. Laws 1904, p. 407), as amended, so as to create a Zoning Commismission 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.
SB 140. By Senator Noble of the 19th: A bill to amend an act creating a new charter for the City of Rochelle, Wilcox County, Georgia, approved March 3, 1962 (Ga. Laws 1962, p. 2791) so as to provide for the payment of a salary for the mayor and aldermen of the City of Rochelle, Wilcox 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 8, 1963

743

HB 143. By Messrs. Shea, Funk and Richardson of Chatham:
A bill to amend the several acts relating to and incorporating the mayor and aldermen of the City of Savannah; to extend to corporate limits of Savannah; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 143 by striking from section 1 thereof the following language:
", and also
ALL of that portion of Hunter Air Force Base North of a projection of the North right-of-way line of the Buckhalter Road and bounded on the North by the present corporate limits, on the South by a projec tion Westwardly of the Northern right-of-way line of the Buckhalter Road, on the West by the Western boundary line of Hunter Air Force Base, and on the East by the Eastern boundary line of Hunter Air Force Base"
so that when amended Section I shall read as folows:
"Section I. From and after the passage of this Act the muni cipal corporation designated as The Mayor and Aldermen of the City of Savannah shall be extended to include the following:
ALL of that portion of Bacon Park lying to the South of Inter mediate Road so that the corporate limits of The City of Savannah shall include all of Bacon Park."

On the adoption of the amendment, the ayes were 35, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 213. By Mr. Shaw of Long: A bill to amend an act establishing a City Court of Ludowici; and for other purposes.

744

JOURNAL OF THE SENATE,

The Committee on County and Municipal Governments offered the following amendment:

Amend HB 213 by striking from section I the second sentence which reads as folows:

"If there shall be a vacancy in either of said offices, the Board of Commissioners of Roads and Revenues shall, by appointment, fill the same until the next General Election.",

and substituting in lieu thereof the sentence:

"If there shall be a vacancy in either of said offices, the Gover nor shall, by appointment, fill the same until the next General Elec tion."

On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 37, nays 0.

The bill, having received the requisite constitutional majority, was passed amended.

HB 255. By Messrs. Pickard, Jones and Dicus of Muscogee:
A bill to amend an act relating to the charter of the City of Columbus, providing a pension system for retired officers and employees and the dependents of officers and employees of said city; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 36, nays 0. The bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 8, 1963

745

HB 257. By Messrs. Pickard, Jones and Discus of Muscogee:
A bill to amend the charter of the City of Columbus, establishing pen sions for certain officers and employees who are not disabled on the basis of period of service and age; and for other purposes.

The report 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 433. By Mr. Herndon of Appling:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Appling; and for other purposes.

The report of the committee, which was favorable to the passage of the bil, was agreed to.

On the passage of the bill, the ayes were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 434. By Mr. Herndon of Appling: A bill to establish the number of votes necessary for the Board of Edu cation of Appling County to take official action; and for other purposes.
The Committee on County and Municipal Governments offered the folowing amendment:
Amend HB 434 by adding at the beginning of Section I the following sentences:
"A quorum of the Board of Education of Appling County shall consist of a majority of the members of said Board. Such quorum must be present before any official action may be taken."
By striking the words "That before" in the beginning of Section I and inserting in lieu thereof the words "Before".
On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.

746

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 36, nays 0.

The bill, having received the requisite constitutional majority, was passed as emended.

HB 442. By Messrs. Flournoy, Teague and Wilson of Cobb:
A bill to create a Board of Commissioners of Roads and Revenues for Cobb County; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 442 by striking from Section 25 thereof the words and figures, "third Wednesday in April, 1964" and inserting in lieu thereof the words and figures "second Wednesday in Jan uary, 1964" so that said Section 25 when so amended shall read as follows:
"Referendum election on Act. This Act shall become effective as provided in the preceding Section 24 hereof only after the same shall have been ratified and approved by the qualified voters of Cobb County at a special election to be held for that purpose on the second Wednesday in January, 1964. At said election the qualifica tion of voters shall be the same as now fixed by law for the quali fications of voters at special elections called to fill a vacancy oc curring in a County office and shall be held under all laws of this State applicable to special elections. Ballots shall be submitted to the voters at said election which shall have printed thereon the words:
'For ratification of the Act of the General Assembly of Georgia creating the multiple Commission form of government for Cobb County, Georgia, and for abolishing the one-man Commissioner form of government.'
'Against ratification of the Act of the General Assembly of Georgia creating the multiple Commission form of govern ment for Cobb County, Georgia, and against abolishing the oneman Commissioner form of government.'
The ballot shall be prepared so that the voter may enter a check or cross-mark in a bracket appearing on said ballot opposite each of the foregoing statements to indicate his or her choice. If a majority of those voting at said election shall vote "For ratifica-

FRIDAY, MARCH 8, 1963

747

tion of the Act of the General Assembly of Georgia creating the multiple commission form of government in Cobb County, Georgia, and for abolishing the one-man Commissioner form of government" this Act shall become effective as provided herein, and the Ordinary of Cobb County shall so declare and certify same to the Secretary of State as required by law. If a majority of those voting in said election shall vote 'Against ratification of the Act of the General Assembly of Georgia creating the multiple commission form of government for Cobb County, Georgia and against abolishing the one-man Commissioner form of Government' this Act shall be null, void and of no effect, and the Ordinary of Cobb County shall so declare and certify the same to the Secretary of State as required by law."

On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill 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 448. By Mr. Anderson of Pulaski:
A bill to consolidate the offices of tax receiver and tax collector of Pulaski County into the office of Tax Commissioner 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 40, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 457. By Messrs. Gibbons and Walker of Lowndes:
A bill to amend an act providing for a supplement to the compensation of the judge of the Superior Courts of the Southern Judicial Circuit; so as to change the proportionate share paid by Lowndes County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

748

JOURNAL OP THE SENATE,

On the passage of the bill, the ayes were 40, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 494. By Messrs. Lane and Nessmith of Bulloch: A bill to amend an act creating a new charter for the City of Swainsboro; and for other purposes.
The report 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 503. By Mr. Conner of Jeff Davis: A bill to amend an act re-incorporating the City of Hazlehurst, so as to redefine 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.
The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:
SB 124. By Senators Coggin of the 35th, Miller of the 50th, Downing of the 1st and Searcey of the 2nd: A bill to provide that each employee in the State of Georgia shall be permitted by his employer to have sufficient time off to vote in pri maries and elections for which such employee is qualified and registered to vote; and for other purposes.
The Committee on Rules offered the following amendment:

FRIDAY, MARCH 8, 1963

749

Amend section I by inserting a comma after the word "shall" and by adding the folowing, "upon reasonable notice to his ememployer", and by deleting the word "sufficient" and substituting in lieu thereof the words "any necessary" so that ad amended sec tion 1 will read as follows:

"Section 1. Each employee in the State of Georgia shall, upon reasonable notice to his employer, be permitted by his employer to take any necessary time off from his employment to vote in any municipality, county, state or federal political party primary or election for which employee is qualified and registered to vote, on the day on which such primary or election is held."

Further amend by striking "sufficient" in the title and substi tuting in lieu thereof the words "any necessary."

On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.

On the passage of the bill, the ayes were 30, nays 6.

The bill, having received the requisite constitutional majority, was passed as amended.

SR 73. By Senators Pannell of the 54th, Jackson of the 16th and Gayner of the 5th:
A resolution abolishing the Government Operations Committee of 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 29, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

750

JOURNAL OF THE SENATE,

SB 145. By Senator Miller of the 50th:
A bill to provide the Governor-Elect with certain information and facili ties from the time of his election until the time of his inauguration; 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 131. By Senator Pannell of the 54th:
A bill to amend an act creating the Peace Officers' Annuity and Benefit Fund, approved February 1, 1950, (Ga. Laws 1950, p. 50), as amended, so as to provide for the filing of a notice in connection with disability 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 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SR 65. By Senators Broun of the 46th and Conway of the 41st:
A resolution providing for a study of subsidies offered to attract new industry and other matters relative thereto; 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.

SR 64. By Senators Conway of the 41st and Jackson of the 16th:
A resolution creating the Governor's Commission for Scientific Research and Development; to provide for the appointment of the members there of; to prescribe their term of office and compensation; and for other purposes.

FRIDAY, MARCH 8, 1963

751

The Committee on Rules offered the following amendment:

Amend SR 64, section 1, by striking the second sentence and inserting in lieu thereof the following:

"The commission shall be composed of fifteen members, each of whom shall be a graduate of a recognized college or university with a degree in a scientific field and each of whom shall be curcurrently interested in scientific research programs in Georgia."

On the adoption of the amendment, the ayes were 29, nays 0, and the amend ment was adopted.

Senator Conway of the 41st offered the following amendment:
Amend SR 64, section 1 by striking the third sentence and in serting in lieu thereof the following: "The members of the Commis sion shall be appointed by the Governor."
Section 7, add these two sentences: "The State funds used for contract and consulting services shall not exceed $30,000 and the State funds used for other expenses shall not exceed $2,000. How ever, the Commission is authorized to receive additional funds from private firms, non-profit foundations, and the Federal Government.

On the adoption of the amendment, the ayes were 28, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.
On the adoption of the resolution, the ayes were 33, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
Senator Maclntyre of the 40th asked unanimous consent that SR 64 be im mediately transmitted to the House.
The consent was granted.
HB 24. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens: A bill creating in each county, city and town an Industrial Development Authority; and for other purposes.

752

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.

HB 330. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act providing for the holding of bar examinations, so as to authorize the justices of the Supreme Court to fix the dates for holding two examinations each calendar year; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 305. By Messrs. Fleming, Bell and Hull of Richmond: A bill to amend an act to provide methods of service upon persons where service of notice is required; and for other purposes.
The Committee on Judiciary offered the following substitute:
A BILL TO BE ENTITLED
An Act to amend Code Chapter 38-21, relating to depositions and discovery as provided in an Act approved March 25, 1959 (Ga. Laws 1959, p. 425), and as amended by an Act approved March 6, 1962 (Ga. Laws 1962, p. 684), so as to provide methods of service where service of notice is required under said Chapter; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 38-21, relating to depositions and dis covery as provided in an Act approved March 25, 1959 (Ga. Laws 1959, p. 425), and as amended by an Act approved March 6, 1962 (Ga. Laws 1962, p. 684), is hereby amended by adding a new Section to said Code Chapter to be numbered as Code Section 38-2115 to read as follows:

FRIDAY, MARCH 8, 1963

753

"38-2115. Methods of Service Notice where Notice is Re quired. Wherever service of notice is required on any person or party under the terms and provisions of any Section of this Chapter, service of such notice may be perfected in one of the following ways:

"(a) Any person upon whom service of notice is required by any Section of this Chapter may acknowledge or waive such service of notice.

"(b) Service may be perfected upon any person upon whom service of notice is required by any Section of this Chapter by serv ing the prescribed notice upon such person personally or, where such person has filed responsive pleadings in the proceeding in connection with which depositions or interrogatories are to be taken, service of notice may be perfected by service upon the Attorney of record for such persons.

"(c) Where the whereabouts of the person upon whom service of notice is required under any Section of this Chapter is known, and there is no Attorney of record representing such person, whether a resident or non-resident of this State, service of notice may be perfected upon such person in the manner prescribed for service of subpoenas in an Act relating to the service of subpoenas and notices by registered mail, approved February 13, 1956 (Ga. Laws 1956, p. 63).

"(d) Where the whereabouts of the person upon whom service of notice is required under any Section of this Chapter is not known, such service of notice upon such person may be perfected by posting the notice required for service upon such person before the court house door of the county of the court in which such action was in stituted for ten days next preceding the date of the taking of the testimony, whether by deposition or interrogatories. Where service of notice is perfected in this manner, the person for whose benefit such testimony is taken, or his Attorney at Law, shall make affi davit of the fact of such publication, which affidavit, together with the notice published, shall accompany and be filed with the testimony so taken."

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 33, 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 33, nays 0.

754

JOURNAL OP THE SENATE,

The bill, having received the requisite constitutional majority, was passed by subbstitute.

The following resolution of the Senate was taken up for the purpose of con sidering a House amendment thereto:

SR 22. By Senators Wesberry of the 37th, Salome of the 36th, Johnson of the 38th and others:
A resolution proposing an amendment to Article XI of the Constitution of the State of Georgia.
The House amendment was as follows:
The Committee on Local Affairs moved to amend paragraph 1 of sec tion 1 (b) of Senate Resolution No. 22 by inserting immediately after the comma on the first line of said paragraph, the following:
"except for those businesses subject to regulation by the State Pub lic Service Commission,"
and by inserting in parentheses immediately after the word "corporation" on the second line of said paragraph, the following:
"except those subject to regulation by the State Public Service Commission:"
so that in the proposed addition to Article XI of the Constitution of the State of Georgia, Section 1 (b) I will read as follows:
"1. Regulate business and business activities, except for those busi nesses subject to regulation by the State Public Service Com mission, and to require of each person, firm or corporation (except those subject to regulation by the State Public Service Commission) conducting any business or business activities to pay a license fee to be determined by the County Commission for each business or classification thereof;"

Senator Wesberry of the 37th moved that the Senate agree to the House amendment to SR 22.

On the motion, the ayes were 32, nays 0, and the amendment was agreed to.

Senator Pelham of the 10th, Chairman of the Committee on Senate Admin istrative 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

FRIDAY, MARCH 8, 1963

755

chairman, to report the same back to the Senate as correct and ready for trans mission to the House of Representatives:
SB 120. SB 126. SB 129. SB 134. SB 135. SB 136. SB 137. SB 138. SB 139. SR 64.
Respectfully submitted, Pelham of the 10th District, Chairman.

The following bill of the Senate was taken up for the purpose of considering a House substitute therefor:

SB 45. By Senators Zorn of the 6th, McKinnon of the 7th and others: A bill to amend Code section 24-2720, relating to the authority of clerks of the superior courts, so as to authorize the clerks to collect recording fees in advance; and for other purposes.

The House substitute was as follows:

The Committee on Judiciary offered the following substitute for SB 45:
A BILL TO BE ENTITLED
An Act to amend Code Section 24-2720, relating to the authority of clerks of the superior courts, so as to authorize the clerks to collect certain recording fees in advance; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

756

JOURNAL OF THE SENATE,

Section 1. Code Section 24-2720, relating to the authority of clerks of the superior courts, is hereby amended by adding at the end of Sub section (5) thereof the words "mortgages and other instruments which are legally entitled to be recorded on the Deed and Mortgage Records of their counties" so that when so amended said subsection shall read as follows:
"(5) To demand and collect in advance their fees for record ing deeds, mortgages and other instruments which are legally en titled to be recorded on the Deed and Mortgage records of their counties.

Section 2. The provisions of this Act shall become effective July 1, 1963.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Zorn of the 6th moved that the Senate adopt the House substitute for SB 45.

On the motion, the ayes were 33, nays 0, and the substitute was adopted.

HR 28. By Messrs. Walker and Gibbons of Lowndes:
A resolution to compensate Wainer Construction Company, Inc., (High way Department); 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:

Brewer Broun Brown Carter Coggin Conway Downing Ellis Pincher Gayner Gillis Gordy Harrison Heard

Holloway Hunt Johnson of 42nd Johnson of 38th Kendrick Maclntyre Miller Moore McWhorter Noble Oliver Owens Pannell Pelham

Pennington Phillips Plunkett Rowan Salome Searcey Smalley Smith Spinks Webb Wesberry Young Zorn

FRIDAY, MARCH 8, 1963

757

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

On the adoption of the resolution, the ayes were 41, nays O.

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

HR 35. By Mr. Kirkland of Tattnall: A resolution to compensate Henry C. Kennedy; 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:

Brewer Broun Brown Carter Coggin Conway Downing Ellis Pincher
Gayner Gillis Gordy Harrison Heard

Holloway Hunt Johnson of 42nd Johnson of 38th Kendrick Maclntyre Miller Moore McWhorter Noble Oliver Owens Pannell Pelham

Pennington Phillips Plunkett Rowan Salome Searcey Smalley Smith Spinks Webb We sherry Young Zorn

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 ma jority, was adopted.

HR 37. By Mr. Williams of Hall: A resolution to compensate Mr. Tex Jones; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

758

JOURNAL OF THE SENATE,

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun Brown Carter Coggin Conway Downing Ellis Fincher Gayner Gillis Gordy Harrison Heard

Holloway Hunt Johnson of 42nd Johnson of 38th Kendrick Maclntyre Miller Moore McWhorter Noble Oliver Owens Pannell Pelham

Pennington Phillips Plunkett Rowan Salome Searcey Smalley Smith Spinks Webb Wesberry Young Zorn

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 ma jority, was adopted.

HR 45. By Messrs. Teague, Flournoy and Wilson of Cobb: A resolution compensating Mrs. Mollie B. Lane; 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:

Brewer Broun Brown Carter Coggin Conway Downing Ellis Fincher Gayner Gillis Gordy Harrison Heard

Holloway Hunt Johnson of 42nd Johnson of 38th Kendrick Maclntyre Miller Moore McWhorter Noble Oliver Owens Pannell Pelham

Pennington Phillips Plunkett Rowan Salome Searcey Smalley Smith Spinks Webb Wesberry Young Zorn

FRIDAY, MARCH 8, 1963

759

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 ma jority, was adopted.

HR 61. By Mr. Knight of Berrien: A resolution to compensate Irvin David Suggs; 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:

Brewer Broun Brown Carter Coggin Conway Downing Ellis Fincher Gayner Gillis Gordy Harrison Heard

Holloway Hunt Johnson of 42nd Johnson of 38th Kendrick Maclntyre Miller Moore McWhorter Noble Oliver Owens Pannell Pelham

Penningtoi Phillips Plunkett Rowan Salome Searcey Smalley Smith Spinks Webb Wesberry Young Zorn

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 ma jority, was adopted.

HR 105. By Mr. Laite of Bibb: A resolution to compensate Emory E. Griffin; and for other purposes.

760

JOURNAL OF THE SENATE,

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

The resolution, involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun Brown Carter Coggin Conway Downing Ellis Pincher Gayner Gillis Gordy Harrison Heard

Holloway Johnson of 42nd Johnson of 38th Kendrick Maclntyre Miller Moore McWhorter Noble Oliver Owens Pannell Pelham Pennington

Phillips Plunkett Rowan Salome Searcey Smalley Smith Spinks Webb Wesberry Young Zorn

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 ma jority, was adopted.

HR 107. By Mr. Rainey of Crisp:
A resolution to compensate the William L. Sanders Post No. 4742 of the Veterans of Foreign Wars of the U.S.: 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:

FRIDAY, MARCH 8, 1963

761

Those voting in the affirmative were Senators:

Brewer Broun Brown Carter Coggin Conway Downing Ellis Pincher Gayner
Gillis Gordy Harrison Heard

Holloway Hunt Johnson of 42nd Johnson of 38th Kendrick Maclntyre Miller Moore McWhorter Noble
Oliver Owens Pannell Pelham

Pennington Phillips Plunkett Rowan Salome Searcey Smalley Smith Spinks Webb
Wesberry Young Zorn

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 ma jority, was adopted.

HR 116. By Mr. Wilson of Cobb: A resolution to compensate Alien J. Faulkner; 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:

Brewer Broun Brown Carter Coggin Conway Downing Ellis Fincher Gayner Gillis Gordy Harrison Heard

Hollaway Hunt Johnson of 42nd Johnson of 38th Kendrick Maclntyre Miller Moore McWhorter Noble Oliver Owens Pannell Pelham

Pennington Phillips Plunkett Rowan Salome Searcey Smalley Smith Spinks Webb Wesberry Young Zorn

762

JOURNAL OF THE SENATE,

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 ma jority, was adopted.

HB 312. By Messrs. Hull and Bell of Richmond, Kelly of Jasper, Richardson of Chatham, McCracken of Jefferson and others: A bill to be known as the "Apartment Ownership Act"; and for other purposes.
The Committee on Banking and Finance offered the following amendment: Amend HB 312 by renumbering Sections 26, 27 and 28 as Sections
25, 26 and 27, respectively.
On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill, having received the requisite constitutional majority was passed as amended.
HB 441. By Messrs. Vaughn of Rockdale and Rutland of DeKalb: A bill to provide security officers of the Stone Mountain Memorial Asso ciation; and for other purposes.
The report 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.

FRIDAY, MARCH 8, 1963

763

HB 5. By Messrs. Smith of Grady, Bolton of Spalding, Rutland and Mackay of DeKalb, Busbee of Dougherty, Andrews of Stephens and Steis of Harris:
A bill creating the Georgia Department for Youth; and for other pur poses.

Senator Pannell of the 54th asked unanimous consent that HB 5 be post poned until Monday, March llth.

The consent was granted.

Senator Pannell of the 54th moved that the Senate do now adjourn until Monday morning, and the motion prevailed.

The president announced the Senate adjourned until 10:00 o'clock Monday morning.

764

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia,

Monday, March 11, 1963.

The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.

Scripture reading was offered by Honorable Joe Bramsby, General Secretary, The Y. M. C. A., of Atlanta, Georgia.

Prayer was offered by Reverend William H. Rittenhouse, Jr., pastor Roswell Street Baptist Church, Marietta, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Pelham of the 10th reported that the journal of Friday's proceedings had been examined and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Pannell of the 54th 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 following bill of the House was returned at the request of the Senate.

MONDAY, MARCH 11, 1963

765

HB 174. By Mr. Simmons of Banks:
A bill to amend an act creating the Piedmont Judicial Circuit, so as to change the terms of court in the County of Banks; and for other purposes.

The House has passed by the requisite constitutional majority the following bills and resolutions of the House to-wit:

HB 435. By Messrs. Bowen of Toombs, Fowler of Treutlen and others:
A bill to amend an act known as the "Georgia Fertilizer Act of 1960," so as to redefine term "Manufacturer" and for other purposes.

HB 135. By Mr. Duncan of Carroll:
A bill to amend an act relating to objections in connection with a motion for a new trial to be raised before the trial judge; and for other purposes.

HB 202. By Messrs. Lane of Bulloch, Paris of Barrow, Simpson of Wheeler, and others:
A bill to create a Georgia Recreation Commission; and for other purposes.

HB 497. By Messrs. Matthews and Bedgood of Clarke:
A bill to provide that no municipality shall employ law enforcement officers and provide for their compensation through commissions or percentages derived from fines and forfeitures arising out of arrests; and for other purposes.

HB 320. By Messrs. Chandler of Baldwin, Dorminy of Ben Hill, and others: A bill to amend an act known as the Motor Fuel Tax Law, so as to repeal refund authorized for motor fuel tax paid on gasoline used on navigable waters; and for other purposes.
HB 144. By Messrs. Chandler and Harrington of Baldwin, Simmons of Banks, and others: A bill to provide for the use of voting machines for casting, registering and recording ballots at all elections; and for other purposes.
HB 247. By Messrs. Paris of Barrow, Knight of Berrien, Abney of Walker, and others: A bill to provide that an insurer who settles a claim or suit on behalf of an insured shall do so in the capacity of an independent contractor; and for other purposes.

766

JOURNAL OF THE SENATE,

HB 477. By Mr. Wilkes of Cook:
A bill to prohibit the hunting and taking of certain birds; and for other purposes.

HB. 488. By Messrs. Houston of Pierce, Herndon of Appling, and others:
A bill to amend an act revising, superseding and consolidating the laws relating to the Game and Fish Commission, so as to provide by law the time when shad may be taken from the waters of this State; and for other purposes.

HB 340. By Messrs. Hill of Meriwether, Sinclair of Macon, and others:
A bill to create an Area Redevelopment Finance Administrator; and for other purposes.

HB 431. By Messrs. Smith of Grady, Bolton of Spalding, and others:
A bill to amend an act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt the sale of tangible personal property to the University System of Georgia; and for other purposes.

HR 163. By Messrs. Smith of Habersham, Pope and Coker of Cherokee and others: A resolution proposing an amendment to the Constitution, so as to authorize scholarships for dental students; and for other purposes.
HB 517. By Messrs. Ware of Troup, Conner of Jeff Davis, Lee of Clayton and many others: A bill to amend Code section 93-208, and 93-206 pertaining to the salaries of the chairman and members of the Public Service Commission, so as to provide a salary of $19,600 per annum, in lieu of a salary of $16,000 per annum; to repeal conflicting laws; and for other purposes.
HR 120. By Mr. Funk of Chatham: A resolution resolving that the General Assembly of Georgia recognizes no delegation of power made by the states to the President authorizing the surrender of the sovereignty of this nation to the United Nations; and that the sworn duty of the President to "provide for the common defense" precludes such proposals.
HB 520. By Mr. Dixon of Ware: A bill to create a Board of Commissioners of Roads and Revenues of Ware County; and for other purposes.

MONDAY, MARCH 11, 1963

767

HB 396. By Messrs. Rutland, Mackay and Harris of DeKalb:
A bill to establish districts from which the members of the County Board of Education of DeKalb County shall be elected; and for other purposes.

HB 470. By Messrs. Harris, Mackay and Rutland of DeKalb:
A bill to amend an act to provide for the examination for qualified electricians in certain counties; and for other purposes.

HB 566. By Messrs. Isenberg and Killian of Glynn:
A bill to amend an act so as to provide that the Commissioner at Large shall be designated as Mayor of the City of Brunswick; and for other purposes.

HB 571. By Mr. Lambert of Morgan:
A bill to create the Morgan County Development Authority; and for other purposes.

HB 574. By Messrs. Caldwell and Echols of Upson:
A bill to establish a small claims court in certain counties; and for other purposes.

HB 575. By Mr. Black of Webster:
A bill to amend an act so as to change the compensation and traveling expenses of the Sheriff of Webster County; and for other purposes.

HB 579. By Messrs. Towson and Knight of Laurens:
A bill to amend an act so as to extend the city limits of the Town of Dublin; and for other purposes.

HB 580. By Messrs. Lee and Blalock of Clayton:
A bill to create the Civil and Criminal Court of Clayton County; and for other purposes.

HB 582. By Mr. Bowen of Dawson:
A bill to amend an act creating the office of County Tax Commissioner of Dawson County; and for other purposes.

HB 583. By Mr. Bowen of Dawson:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of Dawson County; and for other purposes.

768

JOURNAL OF THE SENATE,

HB 584. By Mr. Bell of Richmond:
A bill to amend an act so as to change the compensation of the Clerk, Sheriff and other county officers of certain counties; and for other purposes.

HB 585. By Messrs. Bell, Hull and Fleming of Richmond:
A bill to amend an act to abolish justice courts and establish a Munici pal Court for the City of Augusta; and for other purposes.

HB 586. By Messrs. Fleming, Hull and Bell of Richmond:
A bill to amend an act to establish the City Court of Richmond County; and for other purposes.

HB 587. By Messrs. Fleming, Hull and Bell of Richmond:
A bill to provide for the appointment of an assistant solicitor-general, an investigator and three stenographers in the office of the SolicitorGeneral in certain counties; and for other purposes.

HB 588. By Messrs. Fleming, Bell and Hull of Richmond: A bill to provide for the appointment of an assistant solicitor of the city court of certain counties; and for other purposes.
HB 591. By Messrs. Fleming, Hull and Bell of Richmond: A bill to amend an act relating to coroner's fees in certain counties; and for other purposes.
HB 592. By Messrs. Fleming, Hull and Bell of Richmond: A bill to provide for the appointment of a clerk for the office of the Solicitor of the City Court in certain counties; and for other purposes.

HB 593. By Messrs. Fleming, Bell and Hull of Richmond:
A bill to amend an act to establish the City Court of Richmond County; and for other purposes.

HB 598. By Mr. Coker of Turner:
A bill to further define the powers of the Turner County Development Authority; and for other purposes.

MONDAY, MARCH 11, 1963

769

HB 596. By Messrs. Mackay of DeKalb, McClelland and Etheridge of Fulton:
A bill to amend an act so as to provide that in certain counties as many election precincts as convenient may be established; and for other purposes.

The House has adopted the following resolutions of the House to-wit:

HE 233. By Messrs. McClelland, Etheridge and Brooks of Fulton, and others:
A resolution proposing the designation of the "Ryder Cup Golf Matches Week"; and for other purposes.

HR 230. By Messrs. Smith of Habersham, Parker of Screven, and Lane of Bulloch:
A resolution expressing sympathy at the passing of Dr. C. S. Hubbard; and for other purposes.

HR 228. By Mr. Dean of Polk:
A resolution commending the Georgia Tech basketball team; and for other purposes.

The House has adopted by the requisite constitutional majority, the follow ing resolutions of the House to-wit:

HR 39. By Mr. Williams of Hall: A resolution to compensate W. L. West, Sr.; and for other purposes.

HR 46. By Mr. McCracken of Jefferson: A resolution to compensate Edsel Scarboro; and for other purposes.
HR 49. By Mr. Pickard of Muscogee: A resolution to compensate Mrs. Richard L. Bell; and for other purposes.
HR 95. By Mr. Duncan of Fannin: A resolution to compensate Luther Callihan; and for other purposes.
HR 110. By Mr. Payton of Coweta: A resolution to compensate Mrs. Elizabeth M. North; and for other purposes.

770

JOURNAL OF THE SENATE,

HE 122. By Mr. Stuckey of Dodge: A resolution to compensate Mr. J. 0. Justice; and for other purposes.

HE 159. By Messrs. Eutland of DeKalb, Bolton of Spalding, and others:
A resolution authorizing the Governor on behalf of the State of Georgia to convey to the Colonial Pipeline Company, an easement for rightof-way purposes for petroleum products pipeline in Floyd and Barrow Counties; and for other purposes.

HE 169. By Mr. Williams of Hall: A resolution to compensate Claubus E. Adams; and for other purposes.

HE 173. By Mr. Parker of Screven: A resolution to compensate J. T. Bailey; and for other purposes.

HE 177. By Messrs. Twitty of Mitchell, Underwood of Montgomery, and others:
A resolution to designate and name the "Georgia Mental Health Center", located on Briarcliff Eoad in DeKalb, County, as the "S. Ernest Vandiver Mental Health Center"; and for other purposes.

HE 186. By Messrs. Mackay and Harris of DeKalb: A resolution to compensate Eobert L. Norquist; and for other purposes.

HE 187. By Mr. Lowrey of Floyd:
A resolution transferring certain State property located in Floyd County to the trustees of the cemetery of the Oostanoula Church and for other purposes.

HE 190. By Mr. Sangster of Dooly:
A resolution to provide compensation for Bowles & Tillinghast, Inc. Actuaries and Employee Benefit Plan Consultants for services rendered for the Interim Legislative Committee to study matters relating to the retirement of employees of the Department of Public Safety, created by Eesolution at the 1962 Session of the General Assembly; and for other purposes.

HE 167. By Messrs. Odom and Lee of Dougherty:
A resolution to amend a resolution providing that the Judges of the Superior Courts of this State shall be entitled to receive, in addition to the compensation now provided by law, reimbursement of traveling expenses, approved February 18, 1945 (Ga. Laws 1945 p. 1199) so as to change the amount of traveling expenses, to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 11, 1963

771

HB 421. By Messrs. Mackay and Harris of DeKalb, Payton of Coweta, Dicus of Muscogee:
A bill to establish and constitute the Study Commission on the In dustrial Loan Business, to define its functions, powers and duties, to provide such funds as are necessary to effectuate the purposes of said Commission; and for other purposes.

The House has passed by the requisite constitutional majority the following bills and resolutions of the Senate to-wit:

SB 112. By Senator Miller of the 60th:
A bill to amend an act so as to change the corporate limits of the City of Jasper; and for other purposes.

SR 41. By Senator Downing of the 1st:
A resolution relating to the 52nd Street Extended in Chatham County; and for other purposes.

SB 107. By Senators Loggins of the 53rd, Pannell of the 54th and Downing of the 1st: A bill to amend the Code relating to service by publication in divorce actions so as to provide that the clerk of the court in which such actions are pending may order service by publication; and for other purposes.
The House has passed, as amended, by the requisite constitutional majority, the following bill of the Senate:
SB 39. By Senators Miller of the 50th, Kendrick of the 32nd, Searcey of the 2nd and Brown of the 34th: A bill to provide that it shall be unlawful to sell certain automobiles after January 1, 1964, unless they shall be equipped with safety belts; and for other purposes.
SB 82. By Senator Harrison of the 48th: A bill to authorize the Commissioner of Agriculture to determine, establish and promulgate grades and standards of quality for citrus fruit offered for sale or held for sale in this State; and for other purposes.
SB 98. By Senator Fuqua of the 22nd: A bill to amend Code Title 109A, known as the "Uniform Commercial Code", so as to define a public sale; and for other purposes.

772

JOURNAL OP THE SENATE,

The House has agreed to the Senate substitutes to the following bills of the House:

HB 215. By Mr. Logan of Gilmer:
A bill to amend an act so as to provide for an annual audit of the office of County Commissioner of Gilmer County; and for other purposes.

HB 319. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act so as to provide additional pension benefits to certain former employees of Fulton County; and for other purposes.

HB 455. By Messrs. Blair and Sewell of Sumter:
A bill to provide that the Coroner of Sumter County shall be com pensated on a fee basis supplemented by a salary; and for other purposes.

The House has agreed to the Senate amendments to the following bills of the House:

HB 226. By Messrs. Stuckey of Dodge, Lowrey of Floyd and others:
A bill to amend the Code so as to provide for a Georgia State Board of Barbers; and for other purposes.

HB 386. By Messrs. Etheridge and McClelland of Fulton: A bill to amend an act relating to the qualifications of applicants for admission to the practice of law; and for other purposes.
The following bills and resolutions were introduced, read the first time and referred to committees:
SB 160. By Senator Phillips of the 27th: A bill to authorize municipalities to enact ordinances making it unlaw ful to sell or possess non-tax paid alcoholic beverages; and for other purposes.
Referred to Committee on Temperance.
SB 161. By Senator Johnson of the 38th: A bill to create a State-wide tenure law for all administrative and teaching personnel of the public school system, except those who work directly under a State or local merit system; and for other purposes.
Referred to Committee on Educational Matters.

MONDAY, MARCH 11, 1963

773

SB 162. By Senator Maclntyre of the 40th:
A bill establishing a Minimum Foundation Program of Education in Georgia, so as to make the determination of teacher-pupil ratios per missive with the State Department of Education; and for other purposes.
Referred to Committee on Educational Matters.

SB 163. By Senators Maclntyre of the 40th. and Gordy of the 15th:
A bill to reorganize the State Highway Board so as to provide for a means of reconstituting said Board following Congressional reappointment; and for other purposes.
Referred to Committee on Highways.

SB 164. By Senators Gillis of the 20th and Pannel of the 54th: A bill establishing retirement system to change the minimum floor for teachers retired prior to July 1, 1961; and for other purposes.
Referred to Committee on Educational Matters.
SR 89. By Senator Maclntyre of the 40th: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to exempt certain improvements in sub standard dwellings from taxation and to permit tax abatement to the owners thereof over a certain period of years; and for other purposes.
Referred to Committee on Rules.
SR 90. By Senators Broun of the 46th., and Coggin of the 35th: A resolution authorizing consolidation of all funds now held by the respective Athletic Associations of the University of Georgia, and the Georgia Institute of Technology; and for other purposes.
Referred to Committee on Rules.
SR 91. By Senators Wesberry of the 37th., Brown of the 34th., Maclntyre of the 40th., Salome of the 36th., Brewer of the 39th., Coggin of the 35th., and Johnson of the 38: A resolution providing for a Commission to study primary, general and special elections held in Pulton County, Georgia, for the nomination and election of public officials.
Referred to Committee on Rules.

774

JOURNAL OF THE SENATE,

SR 93. By Senator Loggins of the 53rd:
A resolution creating a Rapid Transit Study Committee; and for other purposes.
Referred to Committee on Rules.

SR 95. By Senator Hall of the 52nd:
A resolution relating to the Penal and Correctional Affairs Committee; and for other purposes.
Referred to Committee on Rules.

HB 135. By Mr. Duncan of Carroll:
A bill to amend an act relating to objections in connection with a motion for a new trial to be raised before the trial judge; and for other purposes.
Referred to Committee on Judiciary.

HB 144. By Messrs. Chandler and Harrington of Baldwin, Simmons of Banks, McDonald of White, Story and Morgan of Gwinnett and others:
A bill to provide for the use of voting machines for casting, registering and recording ballots at all elections; and for other purposes.
Referred to Committee on Rules.

HB 202. By Messrs. Lane of Bulloch, Paris of Barrow, Simpson of Wheeler, Brantley of Candler, Waldrop of Carroll, Parker of Screven and others:
A bill to create a Georgia Recreation Commission; and for other purposes.
Referred to Committee on Rules.

HB 247. By Messrs. Paris of Barrow, Knight of Berrien, Abney of Walker, Brooks of Oglethorpe, Murphy of Haralson, Mixon of Irwin and others:
A bill to provide that an insurer who settles a claim or suit on behalf of an insured shall do so in the capacity of an independent contractor; to provide that such settlement shall not affect the rights of an insured against a third party; and for other purposes.
Referred to Committee on Judiciary.

HB 320. By Messrs. Chandler of Baldwin, Dorminy of Ben Hill, Williams of Hall, Brown of Hart, Johnson of Elbert, Milford of Franklin and others:
A bill to amend an act known as the Motor Fuel Tax Law, so as to repeal refund authorized for motor fuel tax paid on gasoline used on navigable waters; and for other purposes.
Referred to Committee on Banking and Finance.

MONDAY, MARCH 11, 1963

775

HB 340. By Messrs. Hill of Meriwether, Sinclair of Macon, Brown of Hart, Fulford of Terrell, Hall of Lee, Keadle of Lamar and others:
A bill to create an Area Redevelopment Finance Administrator; to provide for a short title; and for other purposes.
Referred to Committee on Banking and Finance.

HB 396. By Messrs. Rutland, Mackay and Harris of DeKalb:
A bill to create and establish in DeKalb County, districts from which the members of the County Board of Education shall be elected; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 421. By Messrs. Macksy of DeKalb, Payton of Coweta, Dicus of Muscogee and Harris of DeKalb:
A bill to establish and constitute the Study Commission on Industrial Loan Business; and for other purposes.
Referred to Committee on Industry and Labor.

HB 431. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt the sale of tangible personal property to the University System of Georgia; and for other purposes.
Referred to Committee on Banking and Finance.

HB 435. By Messrs. Bowen of Toombs, Fowler of Treutlen, Perry of Evans, Nessmith of Bulloch, Williams and Milhollin of Coffee and others:
A bill to amend an act known as the "Georgia Fertilizer Act of 1960", so as to redefine term "manufacturer"; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 470. By Messrs. Harris, Mackay and Rutland of DeKalb:
A bill to amend an act to provide for the examination for qualified electricians in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 477. By Mr. Wilkes of Cook:
A bill to prohibit the hunting and taking of certain birds; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

776

JOURNAL OF THE SENATE,

HB 488. By Messrs. Houston of Pierce, Herndon of Appling, Warren of Wayne and Jones of Liberty:
A bill to amend an Act revising, superseding and consolidating the laws relating to the Game and Fish Commission, so as to provide by law the time when shad may be taken from the waters of this State; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 497. By Messrs. Matthews and Bedgood of Clarke: A bill to provide that no municipality shall employ law enforcement officers and provide for their compensation through commissions or percentages derived from fines and forfeitures arising out of arrests; and for other purposes.
Referred to Committee on Judiciary.
HB 520. By Mr. Dixon of Ware: A bill to create a Board of Commissioners of Roads and Revenues of Ware County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 517. By Messrs. Ware of Troup, Conner of Jeff Davis, Lee of Clayton and many others: A bill to amend Code section 93-208 and 93-206 pertaining to the salaries of the chairman and members of the Public Service Commission, so as to provide a salary of $19,600 per annum, in lieu of a salary of $16,000 per annum; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.
HB 566. By Messrs. Isenberg and Killian of Glynn: A bill to amend an act incorporating the City of Brunswick, so as to provide that the Commissioner at Large elected shall be designated as Mayor; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 571. By Mr. Lambert of Morgan: A bill to create the Morgan County Development Authority; to provide the powers, authority, funds, purposes connected therewith; and for other purposes.
Referred to Committee on County and Municipal Governments.

MONDAY, MARCH 11, 1963

777

HB 574. By Messrs. Caldwell and Echols of Upson:
A bill creating and establishing a small claims court in counties having a population of not less than 23,500 and not more than 24,100; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 575. By Mr. Black of Webster: A bill to amend an act creating the office of Commissioner of Roads and Revenues for the County of Webster, so as to change the compensa tion and traveling expenses for the Sheriff; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 579. By Messrs. Towson and Knight of Laurens: A bill to amend an act incorporating the Town of Dudley, so as to extend the City limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 580. By Messrs. Lee and Blalock of Clayton: A bill to create a Court to be known as the "Civil and Criminal Court of Clayton County"; to provide for election, qualifications, oath, duties, powers and terms of the Judge and Solicitor; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 582. By Mr. Bowen of Dawson: A bill to amend an act creating the office of County Tax Commissioner of Dawson County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 583. By Mr. Bowen of Dawson: A bill to amend an act creating the office of Commissioner of Roads and Revenues of the County of Dawson; and for other puropses.
Referred to Committee on County and Municipal Governments.
HB 584. By Mr. Bell of Richmond: A bill to amend an act to change from the fee to the salary system in counties having a population of 135,000, so as to change the compensa tion of the Clerk, Sheriff and other officers; and for other purposes.
Referred to Committee on County and Municipal Governments.

778

JOURNAL OF THE SENATE,

HB 585. By Messrs. Bell, Hull and Fleming of Richmond:
A bill to amend an act to abolish justice courts and establish a Municipal Court for the City of Augusta; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 586. By Messrs. Fleming, Hull and Bell of Richmond:
A bill to amend an act to establish the City Court of Richmond County; and for other purposes.

HB 587. By Messrs. Fleming, Hull and Bell of Richmond:
A bill to provide for the appointment of an assistant solicitor-general, an investigator and three stenographer-clerks in the office of the Solicitor-General in counties having a population of not less than 135,000 and not more than 140,000; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 591. By Messrs. Fleming, Hull and Bell of Richmond:
A bill to amend an act relating to coroner's fees, in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 592. By Messrs. Fleming, Hull and Bell of Richmond: A bill to provide for the appointment of a Clerk for the office of the Solicitor of the City Court in counties having a population of not less than 135,000 and not more than 140,000; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 593. By Messrs. Fleming, Bell and Hull of Richmond: A bill to amend an act to establish the City Court of Richmond County; to provide for appointment of a Judge and Solicitor; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 588. By Messrs. Fleming, Bell and Hull of Richmond: A bill to provide for the appointment of an assistant solicitor of the city court of all counties having a population between 135,000 and 140,000; and for other purposes.
Referred to Committee on County and Municipal Governments.

MONDAY, MARCH 11, 1963

779

HB 596. By Messrs. Mackay of DeKalb, McClelland and Etheridge of Pulton:
A bill to amend an act providing for election precincts, so as to provide that in counties having a population of 250,000 or more as many election precincts as convenient may be established; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 598. By Mr. Coker of Turner:
A bill to further define and prescribe the purposes, powers and duties of the Turner County Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 39. By Mr. Williams of Hall: A resolution to compensate W. L. West, Sr.; and for other purposes.
Referred to Committee on Appropriations.

HR 46. By Mr. McCracken of Jefferson: A resolution to compensate Edsel Scarboro; and for other purposes.
Referred to Committee on Appropriations.

HR 49. By Mr. Pickard of Muscogee: A resolution to compensate Mrs. Richard L. Bell; and for other purposes.

HR 95. By Mr. Duncan of Fannin: A resolution to compensate Luther Callihan; and for other purposes.
Referred to Committee on Appropriations.

HR 110. By Mr. Payton of Coweta: A resolution to compensate Mrs. Elizabeth M. North; and for other purposes.
Referred to Committee on Appropriations.
HR 122. By Mr. Stuckey of Dodge: A resolution to compensate Mr. J. O. Justice; and for other purposes.
Referred to Committee on Appropriations.

780

JOURNAL OF THE SENATE,

HR 159. By Messrs. Rutland of DeKalb, Bolton of Spalding, Andrews of Stephens, Busbee of Dougherty and Smith of Grady:
A resolution authorizing the Governor on behalf of the State of Georgia to convey to the Colonial Pipeline Company, a Delaware Corporation, an easement for right-of-way purposes for petroleum products pipeline in Floyd and Barrow Counties; and for other purposes.
Referred to Committee on Rules.

HR 169. By Mr. Williams of Hall: A resolution to compensate Claubus E. Adams; and for other purposes.
Referred to Committee on Appropriations.

HR 173. By Mr. Parker of Screven: A resolution to compensate J. T. Bailey; and for other purposes.
Referred to Committee on Appropriations.
HR 177. By Messrs. Twitty of Mitchell, Underwood of Montgomery, Vaughn of Rockdale, Wells of Camden; and others: A resolution to designate and name the "Georgia Mental Health Cen ter" located on Briarcliff Road in DeKalb County, as the "S. Ernest Vandiver Mental Health Center"; and for other purposes.
Referred to Committee on Rules.
HR 120. By Mr. Funk of Chatham: A resolution resolving that the General Assembly of Georgia recognize no delegation of power made by the states to the President authorizing the sovereignty of this nation to the United Nations; and that the sworn duty to the President to "provide for the common defense" pre cludes such proposals; and for other purposes.
Referred to Committee on Rules.
HR 163. By Messrs. Smith of Habersham, Coker of Cherokee, Milford of Franklin, Lewis of Wilkinson, Pope of Cherokee and Woodward of Butts: A resolution proposing an amendment to the Constitution, so as to authorize scholarships for dental students; and for other purposes.
Referred to Committee on Rules.

MONDAY, MARCH 11, 1963

781

HR 167, By Messrs. Odom and Lee of Dougherty:
A resolution to amend a resolution providing that the judges of the Superior Courts of this State shall be entitled to receive, in addition to the compensation now provided by law, reimbursement of traveling expenses, so as to change the amount of traveling expenses; and for other purposes.
Referred to Committee on Judiciary.

HR 186. By Messrs. Mackay and Harris of DeKalb:
A resolution to compensate Robert L. Norquist; and for other purposes. Referred to Committee on Appropriations.

HR 187. By Mr. Lowrey of Floyd:
A resolution transferring State property located in Ployd County to the trustees of the cemetery of the Oostanoula (or Popes) Church; and for other purposes.
Referred to Committee on Rules.

HR 190. By Mr. Sangster of Dooly:
A resolution to provide compensation for Bowles & Tillinghast, Inc., Actuaries and Employee Benefit Plan Consultants for services rendered for the Interim Legislative Committee to study matters relating to the retirement of employees of the Departmnt of Public Safety, created by resolution at the 1962 session of the General Assmbly; and for other purposes.
Referred to Committee on Appropriations.

The following bills and resolutions were read the second time:

SB 151 By Senators Hall of the 52nd., and Kendrick of the 32nd:
A bill establishing a retirement system for teachers in the State public schools; and for other purposes.

SB 152. By Senator Byrd of the 17th:
A bill relating to ballots in elections other than primary elections, so as to provide that a nominee shall not be required to file a petition signed by not less than five per cent of the registered voters of the territory in which he is a candidate; and for other purposes.

782

JOURNAL OF THE SENATE,

SB 153. By Senator Kidd of the 25th:
A bill to provide that in order to properly safeguard the dissemination of advertising of spirituous liquors, it shall be unlawful for a non resident to give information relating to spirituous liquors to any news media; and for other purposes.

SB 154. By Senator Holloway of the 12th:
A bill relating to workmen's compensation, particularly disablement or death of an employee resulting from X-rays or other radioactive substances, which injuries must be reported within one year of ex posure of the rays; and for other purposes.

SB 155. By Senator Coggin of the 35th:
A bill to provide for records to be kept by the Secretary of State in regard to the incorporation of municipalities, date of incorporation thereof and changes in the boundaries thereof; and for other purposes.

SB 156. By Senator Pennington of the 45th:
A bill to authorize all eligible officers and employees of the Stone Mountain Memorial Association created pursuant to the provisions of an Act approved Feb. 21, 1958 (Ga. Laws 1958, p.61), as amended, to become members of the Employees' Retirement System of Georgia; and for other purposes.

SB 157. By Senators Phillips of the 27th. and Hunt of the 26th:
A bill to amend an Act of the General Assembly of Georgia (Ga. Laws 1953, Nov.-Dec. Session, pp. 2831 et seq., which provides for a pension plan; to provide for increased contributions by members of such plan; and for other purposes.

SB 158. By Senators Hunt of the 26th., and Phillips of the 27th:
A bill to amend the charter of the City of Macon by adding definite provisions providing for sick and annual leave credits for members of the fire and police departments of said city; to repeal conflicting laws; and for other purposes.

SB 159. By Senator Miller of the 50th:
A bill reincorporating the Town of Young Harris as the City of Young Harris, so as to change the number of council members; and for other purposes.

MONDAY, MARCH 11, 1963

783

SR 86. By Senator Spinks of the 9th:
A resolution proposing an amendment to the Constitution, so as to provide for the filling of the office of Governor and Lieutenant Gover nor; to provide for succession to the office of the Governor in the event the Governor-Elect dies; and for other purposes.

HB 73. By Messrs. Williams of Hall, Ware of Troup, Smith of Whitfield, Story of Gwinnett, Henderson of Atkinson, Morgan of Gwinnett and others:
A bill to amend an act relating to ballots in primary elections, so as to provide that ballots shall be prepared iso that voters may check the person for whom they desire to vote; and for other purposes.

HB 248. By Mr. Rainey of Crisp:
A bill to amend an act empowering cities, towns and counties to main tain recreation systems; and for other purposes.

HB 288. By Mr. Brantley of Candler:
A bill to prohibit the use of certain language over the telephone; to prohibit the use of the telephone for certain purposes; and for other purposes.

HB 410. By Mr. Flournoy of Cobb:
A bill to establish an effective date for the Federal Census as used in the statutory law of Georgia; and for other purposes.

HB 419. By Messrs. Groover, House and Laite of Bibb:
A bill to create the Middle Georgia Coliseum Authority; and for other purposes.

HB 424. By Messrs. Bowen of Toombs, Fowler of Treutlen, Perry of Evans, Lane and Nessmith of Bulloch, Williams and Milhollin of Coffee and others:
A bill to amend an act providing for the registration of trade-marks, so as to provide for the registration of service marks; and for other purposes.
HB 446. By Messrs. Carr of Washington, Smith of Telfair, Hall of Lee, Reaves of Brooks, Herndon of Appling, Russell of Thomas and many others:
A bill to amend an act comprehensively revising and superseding the laws relating to the Georgia Forestry Commission, so as to provide for the improvement of real estate held under a deed containing a reversionary clause; and for other purposes.

784

JOURNAL OF THE SENATE,

HB 478. By Messrs. Matthews and Newton of Colquitt:
A bill to amend an act creating a small claims court in certain counties, so as to prescribe qualifications for judges of said court; and for other purposes.

HB 479. By Mr. Wilkes of Cook:
A bill creating a small claims court in counties having a population of not less than 11,775 and not more than 11,944; and for other purposes.

HB 485. By Messrs. Towson of Laurens and Duncan of Carroll:
A bill to provide for the retention of certain benefits received from the State Department of Public Welfare by certain individuals under certain conditions; and for other purposes.

HB 501. By Mr. Twitty of Mitchell:
A bill to amend an act known as the Hospital Authority Law, so as to extend the period for which a governing body of any city, town, mu nicipality or county is authorized to enter into contracts with a hospital authority for the continued maintenance and use of the facilities of such authority; and for other purposes.

HB 513 By Mr. Busbee of Dougherty:
A bill to provide that counties, municipalities, and other political sub divisions of this State are authorized to purchase blanket bonds cover ing employees thereof; and for other purposes.

HB 514. By Mr. Moore of Polk: A bill to abolish the office of county treasurer in counties having a population of not less than 25,250 and not more than 28,250; and for other purposes.
HB 518. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens: A bill to provide that it shall be unlawful to display any sign or emblem purporting to convey the impression that the owner thereof is a mem ber of the Governor's Staff without written permission; and for other purposes.
HB 519. By Mr. Twitty of Mitchell: A bill to amend an act to incorporate the City of Sale City, in the County of Mitchell; and for other purposes.

MONDAY, MARCH 11, 1963

785

HB 521. By Mr. Jones of Lumpkin:
A bill to amend an act consolidating the office of tax receiver and tax collector of Lumpkin County into one office of Tax Commissioner; and for other purposes.

HB 522. By Mr. Jones of Lumpkin:
A bill to repeal an act entitled "An act to provide for the eligibility of members of the County Board of Education of Lumpkin County; and for other purposes.

HB 524. By Mr. Floyd of Chattooga:
A bill to amend an act incorporating the Town of Menlo, so as to change the name to the City of Menlo; and for other purposes.

HB 526. By Mr. Clark of Catoosa:
A bill to amend an act creating a Board of Utilities Commissioners for Catoosa County; and for other purposes.

HB 529. By Messrs. Flournoy, Teague and Wilson of Cobb:
A bill to amend an act creating a new charter for the City of Smyrna, in order to change one of the punishments authorized from said charter from $100.00 to $300.00; and for other purposes.

HB 530. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act so as to provide for the appointment of two Deputy State Revenue Commissioners; to provide for the offices of Deputy State Revenue Commissioner; and for other purposes.

HB 531. By Mr. Tucker of Burke:
A bill to amend an act to provide a maximum salary for the coroner of Burke County; and for other purposes.

HB 532. By Mr. Bowen of Randolph:
A bill to amend an act incorporating the Town of Shellman in Randolph County, so as to change the millage rate limit upon all property subject to levy by the mayor and city councilmen; and for other purposes.

786

JOURNAL OF THE SENATE,

HB 534. By Messrs. Pickard, Dicus and Jones of Muscogee:
A bill to authorize the City of Columbus and Muscogee County to ap propriate and pay into the Health Fund of the County Board of Health all or any part of said budget as to the Commission of the City of Columbus and the Board of Commissioners of Roads and Revenues of Muscogee County is deemed meet and proper; and for other purposes.

HB 536. By Mr. Parker of Screven:
A bill to amend an act incorporating and granting a new charter to the City of Sylvania; and for other purposes.

HB 537. By Mr. Overby of Hall:
A bill to amend an act providing for the appointment and salary of a judge and solicitor for the City Court of Hall County; and for other purposes.

HB 538. By Messrs. Overby and Williams of Hall:
A bill to amend the charter of the Town of Clermont; and for other purposes.

HB 539. By Mr. White of Mclntosh:
A bill to amend an act relating to the compensation of the ordinary of Mclntosh County; and for other purposes.

HB 540. 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; and for other purposes.

HB 543. By Mr. Stuckey of Dodge: A bill to amend an act creating the office of Tax Commissioner of Dodge County, so as to change the allowable compensation of the clerk of the Tax Commissioners; and for other purposes.
HB 544. By Mr. Stuckey of Dodge: A bill to amend an act creating the office of Commissioner of Roads and Revenues in Dodge County, so as to change the allowable compen sation of the Clerk of the Commissioner of Roads and Revenues; and for other purposes.

MONDAY, MARCH 11, 1963

787

HB 545. By Mr. Stuckey of Dodge:
A bill to amend an act placing the ordinary of Dodge County on a salary basis, so as to change the allowable compensation of the clerk of the ordinary; and for other purposes.

HB 546. By Mr. Stuckey of Dodge:
A bill to amend an act to change from the fee system to the salary system in the County of Dodge, the sheriff and the clerk of the superior court, so as to change the total compensation to be paid an additional deputy sheriff, the deputy clerk and to assistant or assistants in the office of the clerk; and for other purposes.

HB 549. By Messrs. Harris, Rutland and Mackay of DeKalb:
A bill to amend an act creating and establishing the Civil and Criminal Court of DeKalb County, so as to provide for the salaries of the judges, solicitor, clerk and marshal; and for other purposes.

HB 550. By Messrs. Harris, Rutland and Mackay of DeKalb:
A bill to provide for a charter for the City of North Atlanta, in the County of DeKalb; and for other purposes.

HB 551. By Messrs. Duncan and Waldrop of Carroll:
A bill to create the Carrollton Payroll Development Authority; and for other purposes.

HB 552. By Messrs. Waldrop and Duncan of Carroll:
A bill to create the Mt. Zion, Turkey Creek and Flint Corner Develop ment Authority; and for other purposes.

HB 553. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act incorporating the City of Riverdale, so as to provide and define wards; and for other purposes.

HB 554. By Messrs. Wilson, Teague and Plournoy of Cobb:
A bill to amend an act providing a new charter for the City of Marietta, pertaining to the Marietta Board of Education, so as to change the corporate limits of said city; and for other purposes.

788

JOURNAL OF THE SENATE,

HB 558. By Messrs. Killian and Isenberg of Glynn:
A bill to provide for the appointment and terms of office of members of the Brunswick and Glynn County Development Authority; and for other purposes.

HB 560. By Mr. Anderson of Pulaski:
A bill to amend an act creating a new charter for the City of Hawkinsville relating to the Board of Commissioners; and for other purposes.

HR 96. By Mr. Causby of Gordon:
A resolution authorizing and directing the State Librarian to furnish certain law books to the ordinary of Gordon County; and for other purposes.

HR 138. By Mr. Branch of Tift:
A resolution creating the "State Leased Properties Study Committee"; and for other purposes.

HR 151. By Mr. Roberts of Jones:
A resolution to designate "The S. A. Hodge, Sr. Bridge"; and for other purposes.

HB 602. By Messrs. Herndon of Appling, Been of Bacon, Warren of Wayne, Hall of Lee, Reaves of Brooks, Conner of Jeff Davis and many others:
A bill to amend an act known as the "Minimum Foundation Program for Education Act", as amended, so as to give each county school board certain authority in the matter of consolidating schools; and for other purposes.

HB 555. By Messrs. Andrews of Stephens, Bynum of Rabun, Groover of Bibb, Clark of Catoosa, Tucker of Catoosa, Story of Gwinnett, Lane of Bulloch and others:
A bill to authorize special agents and enforcement officers of the Revenue Department in the enforcement of the liquor, wine and beer laws of this State, to bear arms, make arrests, execute warrants for arrest, investigate and execute search warrants and seize and hold articles of contraband; and for other purposes.

The following reports of committees were submitted, and read by the secre tary:

MONDAY, MARCH 11, 1963

789

Mr. Brown of the 34th District, Chairman of the Committee on County and Municipal Governments, submitted the following reports:

Mr. President:

Your Committee on County and Municipal Governments has had under consideration the following bills of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recom mendations:
SB 157. Do Pass. SB 158. Do Pass. SB 159. Do Pass. HB 313. Do Pass. HB 454. Do Pass. HB 479. Do Pass, as Amended. HB 519. Do Pass. HB 524. Do Pass. HB 526. Do Pass. HB 529. Do Pass, as Amended. HB 532, Do Pass. HB 534. Do Pass. HB 536. Do Pass. HB 539. Do Pass. HB 540. Do Pass. HB 549. Do Pass. HB 550. Do Pass. HB 558. Do Pass.
Respectfully submitted, Brown of 34th district, Chairman.

Mr. Brown of the 34th District, Chairman of the Committee on County and Municipal Government, submitted the following report:
Mr. President:
Your Committee on County and Municipal Government 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:

790

JOUKNAL OF THE SENATE,

HB 521. Do Pass. HB 522. Do Pass. HB 537. Do Pass. HB 538. Do Pass. HB 543. Do Pass. HB 544. Do Pass. HB 545. Do Pass. HB 546. Do Pass. HB 553. Do Pass. HB 560. Do Pass.

Respectfully submitted, Brown of 34th district, Chairman.

Mr. Gillis of the 20th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the follow ing bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 48. Do Pass, as Amended. HR 29. Do Pass. HR 94. Do Pass.
Respectfully submitted, Gillis of 20th district, Chairman.

Mr. Smalley of the 28th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bill of the House and has instructed me as Chairman to report the same back to the Senate with the following recommendations:
HB 306. Do Pass, by Substitute. Respectfully submitted, Smalley of 28th district, Chairman.

MONDAY, MARCH 11, 1963

791

Mr. Holloway of the 12th 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 327. Do Pass.
Respectfully submitted,
Holloway of 12th district,
Chairman.

Mr. Miller of the 50th 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 175. Do Pass. Respectfully submitted, Miller of 50th district, Chairman.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bill of the Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SB 146. Do Pass. Respectfully submitted, Rowan of 8th district, Secretary.

792

JOURNAL OP THE SENATE,

The following local, uncontested bills, favorably reported by the committee, were read the third time, and put upon their passage:

HB 313. By Messrs. Dixon and Ponsell of Ware:
A bill to provide for the granting of funds to a county in which is located land belonging to the State consisting of at least 20,000 acres from which such county receives no taxes; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 454. By Messrs. Stalnaker and Peter son of Houston:
A bill to amend an act to create and incorporate a new municipality in 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 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 174. By Mr. Simmons of Banks: A bill to amend an act creating the Piedmont Judicial Circuit, so as to change the terms of court in the County of Banks; and for other pur poses.
The Committee on County and Municipal Governments offered the follow ing substitute:
A BILL TO BE ENTITLED
An act to provide for the terms of the Superior Court of Banks County; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

MONDAY, MARCH 11, 1963

793

Section 1. Beginning with the year 1963 the terms of the Superior Court of Banks County shall be on the third Monday in March and on the first Monday in October.

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 37, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 508. By Mr. Chance of Twiggs: A bill to amend an act establishing a new charter for the City of Jeffersonville, so as to change the corporate limits of the City of Jeffersonville; and for other purposes.
The report 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.
Senator Pannell of the 54th asked unanimous consent that the following bill be recommitted to the Committee on Public Utilities and Transportation:
SB 21. By Senator Loggins of the 53rd: A bill to amend section 68-502 of Code of Georgia of 1933, as amended, defining certain terms used in Chapter 68-5 of Code of Georgia of 1933, as amended, concerning the regulation of "motor carriers", so as to define "for hire" transportation of motor carrier; to repeal con flicting laws; and for other purposes.
The consent was granted.

794

JOURNAL OF THE SENATE,

Senator Pannell of the 54th asked unanimous consent that the folowing bill be recommitted to the Committee on Public Utilities and Transportation:

SB 22. By Senator Loggins of the 53rd-
A bill to amend section 68-601 of the Code of Georgia of 1933, as amended, defining certain terms used in chapter 68-6 of Code of Geor gia of 1933, as amended, concerning regulation of "motor common carriers", so as to redefine "for hire" transportation of a motor com mon carrier to include (1) an activity wherein a person for compensa tion leases or otherwise permits the use of a motor vehicle by other than a carrier holding authority from the Commission, and who furnishs in connection therewith a driver, either directly or indirectly; and for other purposes.

The consent was granted.

Senator Pannell of the 54th asked uanimous consent that the following bill be recommitted to the Committee on Judiciary:

SB 47. By Senator Wesberry of the 37th:
A bill relating to the indictment of county officials for malfeasance; and for other purposes.

The consent was granted.

Senator Pannell of the 54th asked unanimous consent that the following bill be recommitted to the Committee on Rules:

SB 95. By Senators Zorn of the 6th, Loggins of the 53rd, Pannell of the 54th and Lee of the 47th:
A bill establishing a Merit System of Personnel Administration of State Employees, so as to remove the provisions relating to the State De partments contributing to the costs of operating the Merit System; and for other purposes.

The consent was granted.

Senator Pannell of the 54th asked unanimous consent that the following bill be recommitted to the Committee on Judiciary:

SB 113. By Senator Kidd of the 25th:
A bill to provide for the use of voting machines for casting, recording and computing ballots at all elections, including primaries in any and all counties in the State of Georgia; and for other purposes.

MONDAY, MARCH 11, 1963

795

The consent was granted.

Senator Pannell of the 54th asked unanimous consent that the following bill be recommitted to the Committee on Judiciary:

SB 118. By Senator Wesberry of the 37th:
A bill effecting a complete revision of the laws of this State relating to the qualifications and registration of voters, so as to change the time within which voters registration lists shall be closed; and for other purposes.

The consent was granted.

Senator Pannell of the 54th asked unanimous consent that the following bill be recommitted to the Committee on Rules:

SR 50. By Senator Kendrick of the 32nd:
A resolution proposing an amendment to the Constitution, so as to provide for the establishing, acquiring of a Junior College in Cobb County; and for other purposes.

The consent was granted.

Senator Pannell of the 54th asked unanimous consent that the following bill be recommitted to the Committee on Highways:

HB 45. By Mr. Clarke of Monroe:
A bill to amend an act relating to motor vehicle licenses, so as to pro vide that vehicles used solely for the purpose of transporting logs or portions of trees from one cutting site to another shall not be required to be licensed under this act; 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:

HB 5. By Messrs. Smith of Grady, Bolton of Spalding, Rutland and Mackay of DeKalb, Busbee of Dougherty, Andrews of Stephens and Steis of Harris:
A bill creating the Georgia Department of Youth; and for other pur poses.

796

JOURNAL OP THE SENATE,

The Committee on Rules offered the following amendment:

Amend HB 5 by striking subsection (c) of section 6 in its entirety.

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.

The Committee on Rules offered the following amendment:
Amend HB 5 by striking from subsection (a) of section 5 in the third sentence of said Subsection the phrase "however said salary not to be more than $22,500 per annum".
By changing the comma immediately before said phrase in subsection (a) of section 5 to a period.

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 44, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Pannell of the 54th asked unanimous consent that HB 5 be im mediately transmitted to the House.
The consent was granted.
SB 148. By Senator Pannell of the 54th: A bill to amend an act creating the Jekyll Island State Park Authority, (Ga. Laws 1950, pp. 152-162), as amended, so that the Authority may be known as the "Jekyll Island-State Park Authority," and so as to assure that all income, revenues, gifts, and appropriations shall be used for developing the Park; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, MARCH 11, 1963

797

On the passage of the bill, the ayes were 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 48. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1963 and the fiscal year beginning July 1, 1964 and ending June 30, 1965; to make and provide such appropriations for the operation of of the State Government; and for other purposes.

The president ruled that this being the General Appropriations Bill, it must be considered in the committee of the whole Senate, and so ruled.

The Senate resolved itself into the committee of the whole Senate, with Senator Gillis of the 20th, chairman of the Appropriations Committee, presiding.

The chairman of the Appropriations Committee reported back to the Senate that HB 48 do pass as amended.

The committee of the whole Senate dissolved, and the Senate resumed its regular order of business.

The Committee on Appropriations offered the following amendment:
Amend HB 48 by striking the figure "$330,000.00" as it appears in two places in Section 2 and inserting in lieu thereof the figure "$345,000.00" in each of said two places.
On the adoption of the amendment, the ayes were 81, nays 0, and the amend ment was adopted.
The Committee on Appropriations offered the following amendment:
Amend HB 48 by striking from Subsection C. of Section 16 the figure "$1,567,500.00" as it appears in two places therein, and inserting in lieu thereof the figure $1,585,000.00" in each of said two places.
By striking from said Subsection C. of Section 16 the figure $1,208,600.00", and inserting in lieu thereof the figure "$1,226,100.00".
On the adoption of the amendment, the ayes were 29, nays 0, and the amend ment was adopted.

798

JOURNAL OF THE SENATE,

The Committee on Appropriations offered the following amendment:

Amend HB 48 by striking from Subsection E. of Section 16 the fol lowing:

"(1) For general operation and development of State parks." and inserting in lieu thereof the following:

"(1) For general operation and development of State Parks. Provided, that the Department of Parks, with the approval of the Budget Bureau, is authorized to utilize not more than $175,000 per annum of the funds provided for in this paragraph to enter into lease rental agreements with an appropriate State authority to support the issuance of bonds."

On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was adopted.

The Committee on Appropriations offered the following amendment:
Amend HB 48 by striking the figure "$200,000.00" as it appears in two places in Subsection F. of Section 16 and inserting in lieu thereof the figure "$300,000.00" in both of said places.
On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment was adopted.
The Committee on Appropriations offered the following amendment:
Amend HB 48 by striking from Section 18 the figures "$184,512,500.00" and "$195,100,000.00," and inserting in lieu thereof the figures "$184,038,500.00" and $194,601,000.00," respectively. By adding after the above figures the following:
"Provided that the Governor's recommendation for text books and library materials contained in the Budget Report shall be re duced in the amount of $327,000.00 for each of the two fiscal years covered by this Act for the purpose of providing funds to supple ment payment to the older retired school teachers under Section 20 of this Act.
"Provided further, that the Governor's recommendation for tuition-students (non-sectarian) contained in the Budget Report shall be reduced in the amount of $147,000.00 for the fiscal year 1963-64 and $172,000.00 for the fiscal year 1964-65."

Senator Hall of the 52nd offered the following amendment to the Committee amendment to HB 48:

MONDAY, MARCH 11, 1963

799

Amend the Committee amendment to HB 48 by striking from Section 18 the figures "$184,512,500.00" and "$195,100,000.00," and inserting in lieu thereof the figures "$184,175,500.00" and "$194,601,000.00," respec tively.

By adding after the above figures the following:
"Provided that the Governor's recommendation for text books and library materials contained in the Budget Report shall be re duced in the amount of $190,000.00 for 1963-64 and in the amount of $327,000.00 for 1964-05, for the purpose of providing funds to supplement payment to the older retired school teachers under Section 20 of this Act.

"Provided further, that the Governor's recommendation for tuition-students (non-sectarian) contained in the Budget Report shall be reduced in the amount of $147,000.00 for the fiscal year 1963-64 and $172,000.00 for the fiscal year 1964-65."

On the adoption of the amendment to the Committee amendment, the ayes were 31, nays 0, and the amendment to the Committee amendment was adopted.

On the adoption of the Committee amendment, as amended, the ayes were 31, nays 0, and the Committee amendment was adopted as amended.

The Committee on Appropriations offered the following amendment:
Amend HB 48 by striking Subsection D. of Section 19 which reads as follows:
"D. For cost of initial planning, staffing, alteration, construc tion and operation of a Dental College in conjunction with the Medical College of Georgia located at Augusta, Georgia. Provided, however, none of these funds will be committed or expended unless the General Assembly, by resolution, other than the joint resolution heretofore adopted, shall authorize the creation of a Dental College.
1963-64 -- $75,000.00
1964-65 -- $75,000.00"
On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment was adopted.
The Committee on Appropriations offered the following amendment:

800

JOURNAL OF THE SENATE,

Amend HB 48 by striking the figures "$14,500,000.00" and "$15,700,000.00" in Section 20, and inserting in lieu thereof the figures $14,827,000.00" and "$16,027,000.00," respectively, and adding after such figures the following:

"Provided, however, that out of the above amounts, the sum of $327,000, which is the amount of the increase over the Governor's recommendation as contained in the Budget Report, for each of the two fiscal years covered by this Act, shall be expended for the purpose of supplementing regular payments to those teachers who retired prior to July 1, 1961, by implementing to the full extent of such funds, the provisions of an Act approved March 6, 1962 (Ga. Laws, 1962, p. 666), which Act provides for a minimum floor for such teachers."

On the adoption of the amendment, the ayes were 30, nays 0, and the amend ment was adopted.

The Committee on Appropriations offered the following amendment:

Amend HB 48 by striking the figure "$440,000.00" as it appears in two places in Section 26 and inserting in lieu thereof the figure $465,000.00" in each of said two places.
By striking the figure "$365,000.00" from Section 26 and inserting in lieu thereof the figure "$390,000.00."

On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was adopted.

The Committee on Appropriations offered the following amendment:
Amend HB 48 by striking from Section 27 the figure "$50,000.00" as it appears in two places therein and inserting in lieu thereof the figure "$60,000.00" in each of said two places.

On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment was adopted.

The Committee on Appropriations offered the following amendment:
Amend HB 48 by striking the figure "$78,000.00" as it appears in two places in Section 30 and inserting in lieu thereof the figure "$80,000.00" in each of said two places.

On the adoption of the amendment, the ayes were 29, nays 0, and the amend-

MONDAY, MARCH 11, 1963

801

ment was adopted.

The Committee on Appropriations offered the following amendment:
Amend HB 48 by striking from Section 31 the following: "1964-65 -- 500,000.00."
"Providing that the allocations to objects in the Budget Report shall be changed for 1964-65 to read as follows:
Personal Services -- $365,000
Operating Expenses -- $135,000" and inserting in lieu thereof the following:
"1964-65 -- $525,000.00."

On the adoption of the amendment, the ayes were 30, nays 0, and the amend ment was adopted.

The Committee on Appropriations offered the following amendment:
Amend HB 48 by striking from Subsection C. of Section 36 the language after the word "Benefits" and inserting in lieu thereof the following:
"For the costs of matching Federal funds for benefits to old age, blind, permanently disabled and dependent children; and for maternity and foster home care; as authorized by law."

On the adoption of the amendment, the ayes were 29, nays 0, and the amend ment was adopted.

Senator Carlton of the 21st offered the following amendment: Amend HB 48 by striking from Subsection B of Section 39 the
figure "$377,800.00 and inserting in lieu thereof "$472,800.00," and by striking the figure "$397,300.00" and inserting in lieu thereof the figure "$492,300.00."
On the adoption of the amendment, the ayes were 28, nays 0, and the amend ment was adopted.
The Committee on Appropriations offered the following amendment: Amend HB 48 by striking from Section 43 the figure "$450,000.00"
as it appears in two places therein and inserting in lieu thereof the figure "$475,000.00" in each of said two places.

802

JOURNAL OF THE SENATE,

By striking from said Section 43 the figures "$351,825.00" and "$73,175.00" and inserting in lieu thereof the figures "$364,325.00" and "$85,675.00," respectively.

On the adoption of the amendment, the ayes were 30, nays 0, and the amend ment was adopted.

The Committee on Appropriations offered the following amendment:
Amend HB 48 by striking from Section 47 the words "who shall thereupon notify all members of the General Assembly," so that when so amended Section 47 shall read as follows:
"Section 47. All expenditures and appropriations made and authorized under this Act shall be according to Objects as specified in the Governor's recommendation contained in the Budget Reports submitted to the General Assembly at the regular January Session 1963, pages 1 through 95 inclusive, except as otherwise specified in this Act. Provided, however, the Director of the Budget is au thorized to make internal transfers within a Budget Unit between Objects; provided also, within five days after any such transfer is made, that transfer together with an explanation of the reason therefor shall be reported, in writing, to the Chair men and Vice-Chairmen of the Appropriations Committees of the House and Senate and to the Speaker of the House and Lieuten ant Governor. This Section applies to all funds of each Budget Unit from whatever source derived. In those cases in which the said Budget Report contains no recommendation of expenditures as to Objects by the Governor, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to Object said funds as he deems proper."

On the adoption of the amendment, the ayes were 29, nays 0, and the amend ment was adopted.

The Committee on Appropriations offered the following amendment: Amend HB 48 by striking the first paragraph of Section 48 thereof
and by substituting in lieu thereof the following:
"In the event it is determined by the Budget Bureau that the total funds in the State Treasury in a fiscal year in which appro priations are made in the foregoing Sections of this Act are to be less than the amount needed to pay in full the specific appropria tions authorized, the Director of the Budget is authorized and is hereby directed to make a pro rata reduction of the amount of each appropriation hereinbefore made, except authority lease rental funds and other constitutionally obligated funds, as provided by Georgia Code Section 40-418 (Acts 1962, p. 17)."

MONDAY, MARCH 11, 1963

803

so that when so amended said section 48 shall read as follows:
"Section 48. In the event it is determined by the Budget Bureau that the total funds in the State Treasury in a fiscal year in which appropriations are made in the foregoing Sections of this Act are to be less than the amount needed to pay in full the specific appropri ations authorized, the Director of the Budget is authorized and is hereby directed to make a pro rata reduction of the amount of each appropriation hereinbefore made, except authority lease rental funds and other constitutionally obligated funds, as provided by Georgia Code Section 40-418 (Acts 1962, p. 17).
"The amounts of the appropriations so reduced as directed herein and as determined by the Budget Bureau shall cease to be an obligation of the State. Provided, further, the Budget Bureau is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Sections of this Act shall be in excess of the actual approved budget allotments for each fiscal year, the amounts so in excess as determined by the Budget Bureau shall cease to be an obligation of the State.
Total Appropriation 1963-64 -- $465,166,092.90
Total Appropriation 1964-65 -- $488,696,352.90."

On the adoption of the amendment, the ayes were 30, nays 0, and the amend ment was adopted.

Senator Carlton of the 21st offered the following amendment:
Amend HB 48 by striking from Section 48 the figures $465,193,592.90" and "$488,723,852.90," and inserting in lieu thereof the figures "$465,398,092.90" and "$488,791,352.90," respectively.

On the adoption of the amendment, the ayes were 28, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

The bill involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun Brown

Byrd Carlton Carter

Coggins Conway Downing

804

JOURNAL OF THE SENATE,

Ellis Fincher Fuqua Gayner Gillis Gordy Hall Harrison Heard Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick

Kidd Knox Lee Loggins Maclntyre Miller Moore McKinnon McWhorter Noble Oliver Owens Pannell Pelham Pennington

Phillips Plunkett Rowan Salome Scott Searcy Smalley Smith Spinks Tribble Webb Yancey Young Zorn

The roll call was verified.

On the passage of the bill, the ayes were 52, nays 0.

The bill, having received the requisite constitutional two-thirds majority, was passed as amended.

The following bill was taken up for the purpose of considering a House substitute therefor:

SB 25. By Senator Phillips of the 27th: A bill to amend Code Section 39-1201, relating to the time, place and manner of holding public sales of property under execution; and for other purposes.
The House substitute was as follows:
Mr. House of Bibb offered the following substitute:
A BILL TO BE ENTITLED An Act to prescribe the time within which public sales shall be held; to define public sales; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

MONDAY, MARCH 11, 1963

805

Section 1. All public sales conducted within this State shall be between the hours of 10:00 A.M. and 4:00 P.M. Eastern Standard Time on the date fixed for such sale. For the purposes of this Act, a public sale is any sale the notice of which must by law in any manner be given to the public.

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Phillips of the 27th moved that the Senate agree to the House substitute for HB 25.

On motion to agree, the ayes were 37, nays 0, and the substitute was adopted.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 39. By Senator Miller of the 50th, Kendrick of the 32nd, Searcey of the 2nd and Brown of the 34th:
A bill to provide that it shall be unlawful to sell certain automobiles after January 1, 1964, unless they shall be equipped with safety belts; and for other purposes.
The House amendment was as follows:
Mr. Jones of Lumpkin moved to amend SB 39 by adding an additional sentence to Section 1 to read as follows, to-wit:
"That said safety belts shall be installed by the manufacturer prior to delivery to dealer."

Senator Miller of the 50th moved that the Senate agree to the House amend ment to SB 39.
On the motion to agree, the ayes were 41, nays 0, and the amendment was agreed to.

The following bill of the Senate was taken up for the purpose of considering House amendments thereto:

806

JOURNAL OP THE SENATE,

SB 98. By Senator Fuqua of the 22nd:
A bill to amend Code Title 109A, known as the "Uniform Commercial Code," so as to define a public sale; and for other purposes.

The House amendments were as follows: Mr. Bowen of Randolph moved to amend SB 98 by striking the date
of August 1, 1963 in Section 37 and substituting in lieu thereof the date of January 1, 1964.
Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, and Andrews of Stephens moved to amend SB No. 98 as follows:
By striking the last two phrases of Code Section 109A-9-310, which
Code Section is quoted in Section 29 of said Bill, which reads as follows:
"and if record thereof is made prior to the perfection of the subject security interest, and if the subject security interest is not a purchase money security interest."
and substituting in lieu thereof the following:
"and if record thereof is made prior to the filing of the subject security interest."

Senator Fuqua of the 22nd moved that the Senate disagree with the House amendments to SB 98, insist on its position and ask that a Committee of Confer ence be appointed.

The motion prevailed.

The president appointed as a Committee of Conference on the part of the Senate the following:
Senators Phillips of the 27th, Smalley of the 28th and Johnson of the 42nd.
Senator Pelham of the 10th, Chairman of the Committee on Senate Admin istrative 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

MONDAY, MARCH 11, 1963

807

chairman, to report the same back to the Senate as correct and ready for trans mission to the House of Representatives:
SB 114. SB 124. SB 131. SB 140, SB 144. SB 145. SB 148. SR 65. SR 73. SR 79. SR 85.
Respectfully submitted, Pelham of 10th district, Chairman.

The following resolution was read and adopted:

SR 96 By Senator Lee of the 47th:
A Resolution extending congratulations to Hon. Denver W. Cleveland, Superintendent of the Hart County Public Schools; Hon. Dan W. Bramlett, Principal of the Hart County High School; Hon. Bill Ensley, Coach of the Hart County High School "Bulldogs" girls' basketball team, and Hart County High School "Bulldogs" boys' basketball team and others; and for other purposes.

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative Affairs, submitted the following:

Mr. President:

Your Committee on Senate Administrative Affairs, has read and examined the following bills and/or resolutions of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for trans mission to the Governor:

SB 62.

Respectfully submitted,

Pelham of 10th district,

Chairman

808

JOURNAL OF THE SENATE,

The following bill of the Senate was taken up for the purpose of considering House amendments thereto:

SB 82. By Senator Harrison of the 48th:
A bill to authorize the Commissioner of Agriculture to determine, estab lish and promulgate grades and standards of quality for citrus fruit offered for sale or held for sale in this State; and for other purposes.

The House amendments were as follows:

Mr. Newton of Colquitt moves to amend SB 82 as follows:
By striking Section 2 (a) in its entirety and inserting in lieu thereof the following:
"It shall be unlawful for any dealer or broker to sell, offer for for sale or hold for the purpose of sale in this State any citrus fruit without clearly imprinting thereon or attaching thereto a label or other marking of such size or such form as the Commissioner may specify which shall plainly and legibly show the classification, grade and standard to which the same belongs. It shall further be unlawful to sell, offer for sale or hold for the purpose of sale any citrus fruit not labeled as required by this Act or as shall be prescribed by the Commissioner. Whenever citrus fruit are offered for sale or held for the purpose of sale packed in a container other than an airtight container, such container shall have affixed a label of such size as may be prescribed by the Commissioner on which shall be plainly and legibly printed the classification, grade and standard to which the contents of such container belong."
By amending Section 2 (c) as follows:
By striking from the first sentence thereof the words "not less than two (2) inches in diameter or of such other size" and
By striking from the second sentence thereof the words "not less than two (2) inches by four (4) inches or of such other size."

Mr. Newton of Colquitt moved to amend SB 82 as follows:
By adding at the end of Section 3, the words "such certificate shall be issued without charge and shall be issued upon request to the Com missioner."

Senator Harrison of the 48th moved that the Senate agree to the House amendments.

MONDAY, MARCH 11, 1963

809

On the motion to agree, the ayes were 38, nays none, and the House amend ments were agreed to.

Senator Pannell of the 54th moved that the Senate do now adjourn, and the motion prevailed.

The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.

810

JOURNAL OP THE SENATE,

Senate Chamber, Atlanta, Georgia, Tuesday, March 12, 1963.

The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.

Scripture reading was offered by Dr. Stanley Hahn, pastor First Baptist Church, Dublin, Georgia.

Prayer was offered by Reverend C. B. Cochran, District Superintendent of the Augusta District of the Methodist Church.

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

Senator Pelham of the 10th reported that the journal of yesterday's proceed ings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Pannell of the 54th 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:

TUESDAY, MARCH 12, 1963

811

Mr. President:

The House has passed by the requisite constitutional majority the following bills and resolution of the House, to-wit:

HB 570. By Mr. Tucker of Catoosa:
A bill to amend an act relating to the Mayor and Aldermen of the Town of Fort Oglethorpe; and for other purposes.

HB 603. By Mr. McClelland of Fulton:
A bill to amend an act to provide a system of pensions for teachers and employees of the Board of Education of Fulton County so as to give credit for prior service rendered as a teacher in any public school system; and for other purposes.

HB 604. By Mr. Singer of Stewart:
A bill to consolidate all of the laws chartering the Town of Omaha; and for other purposes.

HB 606. By Messrs. Snow and Abney of Walker:
A bill to amend an act so as to provide for the power of eminent domain for the City of LaFayette; and for other purposes.

HB 607. By Messrs. Williams and Overby of Hall: A bill to amend an act creating the Board of Commissioners of Roads and Revenues in Hall County; and for other purposes.
HB 608. By Messrs. Lee and Blalock of Clayton: A bill to amend an act so as to change the composition of the membership of the Clayton County Water Authority; and for other purposes.
HB 611. By Messrs. Killian and Isenberg of Glynn: A bill to create the Magistrate's Court of Glynn County; and for other purposes.
HB 614. By Messrs. Busbee, Odom and Lee of Dougherty: A bill to create the Albany High School Stadium Authority; and for other purposes.

812

JOURNAL OF THE SENATE,

HB 615. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill to authorize the City of Albany and the County of Dougherty to jointly acquire lands and buildings for their joint use; and for other purposes.

HB 616. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill providing for the merger of the then-existing independent school system of the City of Albany and the then-existing school district of the County of Dougherty lying outside the corporate limits of said city; and for other purposes.

HB 100. Mr. Barber of Jackson:
A bill to amend an act establishing a State Board of Education so as to authorize the State Board of Education to make available instructional courses through the medium of educational television; and for other purposes.

HB 355. By Mr. Melton of Spalding:
A bill to provide an appropriation for the purpose of providing suitable offices for use by the Employment Security Agency in the Department of Labor; and for other purposes.

HB 398. By Messrs. Smith of Grady, Busbee of Dougherty, Bolton of Spalding, and others:
A bill to amend an act relating to general provisions concerning banks and banking, so as to define "city," "town" and "village"; and for other purposes.

HB 418. By Mr. Groover of Bibb:
A bill to amend an act relating to qualification fee for candidates in general election of certain county offices, so as to provide for reasonable qualification fee due to be posted 10 days prior to special elections; and for other purposes.

HB 429 By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, and others:
A bill to amend an act relating to the powers, duties, and rights of the Board of Health and the Director of the Department of Public Health, so as to authorize the Director to execute instruments to release proper parties from further compliance with certain contractual obligations; and for other purposes.

TUESDAY, MARCH 12, 1963

813

HB 444. By Messrs. Mitchell and Smith of Whitfield:
A bill to create a new Judicial Circuit for the State of Georgia to be known as the Conasauga Judicial Circuit to be composed of the counties of Whitfield and Murray; and for other purposes.

HB 492. By Messrs. Sinclair of Macon, Duncan of Carroll, and others:
A bill to amend an act to revise the adoption laws so as to remove certain grounds for the annulment of an adoption; and for other purposes.

HB 500. By Messrs. Mackay of DeKalb, Underwood of Montgomery, and others:
A bill to provide that trustees, executors, administrators, guardians and other like fiduciaries holding trust funds may invest the same in real estate loans both secured by a first lien on or first security title to improved realty and are insured pursuant to any Title of the National Housing Act; and for other purposes.

HB 511. By Messrs. Hurst of Quitman, King of Chattahoochee, and others:
A bill to amend the Georgia Motorboat Numbering Act, so as to author ize entering agreements for registration of boats used on waters contigu ous to or forming a part of or abutting upon the boundaries of this State; and for other purposes.

HB 512. By Messrs. Steis of Harris, Hurst of Quitman, and others:
A bill to amend an act comprehensively revising, consolidating and super seding the laws relating to the Game and Fish Commission relating to agreements between Georgia and bordering States for taking waterfowl; and for other purposes.

HB 527. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, and others:
A bill to amend an act entitled "An Act to codify the school laws of the State of Georgia, so as to provide that the Board of Education of any county school district shall have the power to equip facilities for educa tion beyond the 12th grade; and for other purposes.

HB 469. By Messrs. Harris, Mackay and Rutland of DeKalb:
A bill to amend an act providing a method of fixing salaries of Court Bailiffs in certain counties so as to change the population requirements from 200,000 to 500,000; and for other purposes.

814

JOURNAL OF THE SENATE,

HB 625. By Mr. Singer of Stewart:
A bill to authorize certain counties to elect county officials by a majority of the popular votes in the county; and for other purposes.

HB 124. By Mr. Smith of Grady:
A bill to amend an act creating a Small Claims Court in certain counties; and for other purposes.

HB 498. By Messrs. Richardson, Shea, and Punk of Chatham:
A bill to amend an act creating a Board of Health in each county and providing for payment of the expenses of county health departments by towns and cities under certain conditions, so as to change the method of payment of expenses of county health departments; and for other purposes.

HB 617. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill to authorize the City of Albany and the County of Dougherty to appropriate money from their general funds to the Board of Education of Dougherty County; and for other purposes.

HB 618. By Mr. Busbee of Dougherty:
A bill to amend an act so as to provide that the City of Albany upon the petition of the owners of 75% of the property adjacent to any alley within the fire zone draining may be done and costs assessed against the owners of adjacent lands; and for other purposes.

HB 619. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill to provide for official bonds of the Marshal or Chief and other personnel of the City of Albany Police Department; and for othei purposes.

HB 620. By Messrs. Odom, Lee and Busbee of Dougherty:
A bill to amend an act establishing a new charter for the City of Albany relating to wards; and for other purposes.

HB 621. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill to amend an act so as to change the corporate limits of the City of Albany; and for other purposes.

TUESDAY, MARCH 12, 1963

815

HB 624. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act abolishing all Justice Courts and the Office of Justice of the Peace in the City of Atlanta, to create the position of Judge Emeritus of the Civil Court of Fulton County; and for other purposes.

HB 464. By Messrs. Lane and Nessmith of Bulloch:
A bill to amend an act relating to fees paid to coroners so as to change the compensation for coroners in certain counties; and for other purposes.

HB 629. By Mr. Wilson of Brantley:
A bill to amend an act so as to change the compensation of the Com missioners of Roads and Revenues of Brantley County; and for other purposes.

HR 205. By Mr. Houston of Pierce:
A resolution authorizing the State Librarian to furnish certain law books to the Ordinary of Pierce County; and for other purposes.

HB 502. By Mr. Etheridge of Fulton:
A bill to fix the salary of the Sheriff in certain counties; and for other purposes.

HB 569. By Mr. Tucker of Catoosa:
A bill to amend an act so as to provide for the division of the Town of Oglethorpe into wards; and for other purposes.

HR 197. By Messrs. Flournoy, Teague and Wilson of Cobb:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to empower the governing authority of Cobb County to assess and collect certain license fees and occupational taxes; and for other purposes.

HB 556. By Mr. McClelland of Fulton:
A bill to amend an act providing that the fees of an auditor shall be taxed by the Judge and providing that the amount of said fees, so as to provide that the fees of an auditor to whom a case has been referred shall be determined by the trial judge making such referral; and for other purposes.

816

JOUKNAL OF THE SENATE,

HB 557. By Mr. McClelland of Fulton:
A bill to amend an act providing that fees of an auditor shall oe taxed by the judge and providing for the amount of such fees; and for other purposes.

HB 628. By Messrs. Knight of Berrien, Wilkes of Cook, and others:
A bill to amend an act abolishing the fee system existing in the Superior Courts of Alapaha Judicial Circuit, so as to provide for the payment of expenses to the Solicitor General; and for other purposes.

HR 166. By Messrs Rodgers of Charlton and Wells of Camden:
A resolution designating the Alva P. Hopkins, Jr., Bridge; and for other purposes.

The House has passed by the requisite constitutional majority the following bills of the Senate, to-wit:

SB 83. By Senator Pannell of the 54th:
A bill to amend an act establishing an Employees' Retirement System for the State of Georgia so as to authorize the Board of Trustees to contract with the State Employees' Assurance Department for benefits to be paid to employees in lieu of survivors benefits; and for other purposes.

SB 104. By Senators Brown of the 34th, Coggin of the 35th, Salome of the 36th and others:
A bill to amend an act establishing a method for providing fire preven tion systems in the unincorporated portion of Fulton County; and for other purposes.

The House has passed, as amended, by the requisite constitutional majority, the following bill of the Senate:

SB 84. By Senator Pannell of the 54th:
A bill to create the State Employees' Assurance Department of the State of Georgia; and for other purposes.

The House agrees to the Senate amendments to the following bills of the House:

TUESDAY, MARCH 12, 1963

817

HB 312. By Messrs. Hull and Bell of Richmond, Kelly of Jasper, and others:
A bill to be known as the "Apartment Ownership Act;" and for other purposes.

HB 442. By Messrs. Flournoy, Teague and Wilson of Cobb:
A bill to create a Board of Commissioners of Roads and Revenues for Cobb County; and for other purposes.

HB 213. By Mr. Shaw of Long:
A bill to amend an act establishing a City Court of Ludowici; and for other purposes.

The House agrees to the Senate substitute to the following bill of the House:

HB 305. By Messrs. Fleming, Bell and Hull of Richmond:
A bill to amend an act to provide methods of service upon persons where service of notice is required; and for other purposes.

The House has adopted the following resolution of the House:

HR 243. By Messrs. McClelland, Brooks, and Etheridge of Fulton:
A resolution expressing regrets at the passing of Hon. Roy M. George; and for other purposes.

The House has adopted the following resolutions of the Senate:

SR 85. By Senator Coggin of the 35th:
A resolution to commemorate the centennial of the birth of Henry Ford; and for other purposes.

SR 79. By Senator Wesberry of the 37th:
A resolution commending the Georgia winners and runners-up in the National Council of Teachers of English Achievement Awards; and for other purposes.

818

JOURNAL OF THE SENATE,

The following bills and resolutions were introduced, read the first time and referred to committees:

SB 165. By Senator Mclntyre of the 40th:
A bill to exempt certain improvements, to eliminate fire and other haz ards in substandard dwellings, from taxation; and for other purposes.
Referred to Committee on Judiciary.

HB 100. By Mr. Barber of Jackson: A bill to amend an act establishing a State Board of Education, so as to authorize the State Board of Education to make available instructional courses through the medium of educational television; and for other purposes.
Referred to Committee on Educational Matters.
HB 124. By Mr. Smith of Grady: A bill to amend an act creating a Small Claims Court in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 355. By Mr. Melton of Spalding: A bill to provide an appropriation for the purpose of providing suitable offices for use by the Employment Security Agency in the Department of Labor; and for other purposes.
Referred to Committee on Industry and Labor.
HB 398. By Messrs. Smith of Grady, Busbee of Dougherty, Bolton of Spalding, Andrews of Stephens and Rutland of DeKalb: A bill to amend an act relating to general provisions concerning banks and banking, so as to define "city," "town" and "village"; and for other purposes.
Referred to Committee on Banking & Finance.
HB 418. By Mr. Groover of Bibb: A bill to amend an act relating to qualification fee for candidates in general election of certain county offices, so as to provide for reasonable qualification fee due to be posted 10 days prior to special elections; and for other purposes.
Referred to Committee on Rules.

TUESDAY, MARCH 12, 1963

819

HB 429. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, Andrews of Stephens, Busbee of Dougherty and Punk of Chatham:
A bill to amend an act relating to the powers, duties and rights of the Board of Health and the director of the Department of Public Health, so as to authorize the director to execute instruments to release proper parties from further compliance with certain contractual obligations; and for other purposes.
Referred to Committee on Health and Welfare.

HB 444. By Messrs. Mitchell and Smith of Whitfield:
A bill to create a new Judicial Circuit for the State of Georgia to be known as the Conasauga Judicial Circuit to be composed of the counties of Whitfield and Murray; and for other purposes.
Referred to Committee on Judiciary.

HB 464. By Messrs. Lane and Nessmith of Bulloch:
A bill to amend an act relating to fees paid to coroners, so as to change the compensation for coroners in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 469. By Messrs. Harris, Mackay and Rutland of DeKalb: A bill to amend an act providing a method of fixing salaries of court bailiffs in certain counties, so as to change the population requirements from 200,000 to 500,000 inhabitants or more; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 492. By Messrs. Sinclair of Macon, Duncan of Carroll, Warren of Wayne, Lindsey of Wilkes, Herndon of Appling and Wilson of Brantley: A bill to amend an act to revise the adoption laws so as to remove cer tain grounds for the annulment of an adoption; and for other purposes.
Referred to Committee on Judiciary.
HB 500. By Messrs. Mackay of DeKalb, Underwood of Montgomery and Spikes of Troup: A bill to provide that trustees, executors, administrators, guardians and other like fiduciaries holding trust funds may invest the same in real estate loans both secured by a first lien on or first security title to improved realty and are insured pursuant to provisions of any title of the National Housing Act; and for other purposes.
Referred to Committee on Judiciary.

820

JOURNAL OF THE SENATE,

HB 502. By Mr. Etheridge of Fulton:
A bill to fix the salary of the sheriff in counties having a population of 500,000 or more; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 511. By Messrs. Hurst of Quitman, King of Chattahoochee, Steis of Harris, Conger of Decatur, McKemie of Clay, Bowen of Randolph and others:
A bill to amend the Georgia Motorboat Numbering Act, so as to author ize entering agreements for registration of boats used on waters con tiguous to or forming a part of or abutting upon the boundaries of this State; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 512 By Messrs. Steis of Harris, Hurst of Quitman, King of Chattahoochee, Conger of Decatur, Bowen of Randolph, Twitty of Mitchell and others:
A bill to amend an act comprehensively revising, consolidating and superseding the laws relating to the Game and Fish Commission re lating to agreements between Georgia and bordering states for taking waterfowl on waters forming part of or abutting on Georgia; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 498. By Messrs. Richardson, Funk and Shea of Chatham:
A bill to amend an act creating a Board of Health in each county and providing for payment of the expenses of county health departments by towns and cities under certain conditions, so as to change the method of payment of expenses of county health departments; and for other purposes.
Referred to Committee on Judiciary.

HB 527. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Melton of Spalding:
A bill to amend an act to codify the school laws of the State of Georgia, so as to provide that the Board of Education of any county school district shall have the power to equip facilities for education beyond the 12th grade; and for other purposes.
Referred to Committee on Educational Matters.

HB 556. By Mr. McClelland of Fulton: A bill to amend an act providing that the fees of an auditor shall

TUESDAY, MARCH 12, 1963

821

be taxed by the judge and providing the amount of said fees, so as to provide that the fees of an auditor to whom a case has been referred shall be determined by the trial judge making such referral; and for other purposes.
Referred to Committee on Judiciary.

HB 557. By Mr. McClelland of Pulton:
A bill to amend an act providing that fees of an auditor shall be taxed by the judge and providing for the amount of such fees; and for other purposes.
Referred to Committee on Judiciary.

HB 569. By Mr. Tucker of Catoosa:
A bill to amend an act creating the Town of Fort Oglethorpe, in the counties of Walker and Catoosa, so as to provide for the division of the town into wards; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 570. By Mr. Tucker of Catoosa:
A bill to amend an act relating to the mayor and aldermen of the Town of Port Oglethorpe; and for other purposes.

HB 603. By Mr. McClelland of Pulton:
A bill to amend an act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County; so as to give credit for prior service rendered as a teacher in any public school system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 604. By Mr. Singer of Stewart:
A bill to consolidate all of the laws chartering the Town of Omaha in the County of Stewart; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 606. By Messrs. Snow and Abney of Walker: A bill incorporating the City of LaFayette in the County of Walker,

822

JOURNAL OF THE SENATE,

so as to provide for the power of eminent domain; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 607. By Messrs. Williams and Overby of Hall:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 608. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act creating the Clayton County Water Authority, so as to change the composition of the membership of the Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 611. By Messrs. Killian and Isenberg of Glynn:
A bill to create a Court to be known as the "Magistrate's Court of Glynn County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 614. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill to create the Albany High School Stadium Authority and to authorize such Authority to acquire, construct, equip, an athletic stadium and the usual facilities related thereto; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 615. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill to authorize the City of Albany and the County of Dougherty to jointly acquire, either by donation, purchase or eminent domain, such lands and buildings as the City of Albany and the County of Dougherty may from time to time determine is necessary for the joint use of the City of Albany and the County of Dougherty; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 616. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill providing for the merger of the then-existing independent school system of the City of Albany and the then-existing school dis-

TUESDAY, MARCH 12, 1963

823

trict of the County of Dougherty lying outside the corporate limits of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 617. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill to authorize the City of Albany and the County of Dougherty to appropriate money from their general funds to the Board of Educa tion of Dougherty County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 618. By Mr. Busbee of Dougherty:
A bill to amend an Act creating and establishing a new charter for the City of Albany by providing that upon the petition of the owners of 75% of the property adjacent to any alley within the fire zone, the draining may be done and costs assessed against the owners of adjacent lands; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 619. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill to provide for official bonds of the Marshal or Chief and other personnel of the City of Albany Police Department; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 620. By Messrs. Odom, Lee and Busbee of Dougherty:
A bill to amend an Act creating and establishing a new charter for the City of Albany, relating to wards; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 621. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill to amend an Act creating the new charter for the City of Albany, so as to change the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 624. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an Act abolishing all Justice Courts and the Office of Justice of the Peace in the City of Atlanta, to create the position

824

JOURNAL OF THE SENATE,

of Judge Emeritus of the Civil Court of Fulton County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 625. By Mr. Singer of Stewart:
A bill to authorize counties having a population between 7,367 and 7,377 to elect county officials and the member of the House of Rep resentatives to the General Assembly by a majority of the popular votes in the county; and for other purposes.
Referred to Committee on Judiciary.

HB 628. By Messrs. Knight of Berrien, Wilkes of Cook, Henderson of Atkinson and Lee of Clinch:
A bill to amend an Act abolishing the fee system existing in the Superior Courts of the Alapaha Judicial Circuit, so as to provide for the payment of expense to the Solicitor-General; and for other pur poses.
Referred to Committee on Judiciary.

HB 629. By Mr. Wilson of Brantley:
A bill to create the office of Commissioner of Roads and Revenues of Brantley County, so as to change the compensation of the Com missioners; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 166. By Messrs. Rodgers of Charlton and Wells of Camden:
A resolution designating the Alva P. Hopkins, Jr. Bridge; and for other purposes.
Referred to Committee on Rules.

HR 197. By Messrs. Flournoy, Teague and Wilson of Cobb:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to empower the Governing Authority of Cobb County, for regulatory and revenue pur poses; and for other purposes.
Referred to Committee on Rules.

TUESDAY, MARCH 12, 1963

825

HR 205. By Mr. Houston of Pierce:
A resolution authorizing and directing the State Librarian to furnish certain law books to the Ordinary of Pierce County; and for other purposes.
Referred to Committee on Judiciary.

The following bills and resolutions were read the second time:

SB 160. By Senator Phillips of the 27th:
A bill to authorize municipalities to enact ordinances making it un lawful to sell or possess non-tax paid alcoholic beverages; and for other purposes.

SB 161. By Senator Johnson of the 38th: A bill to create a State-wide tenure law for all administrative and teaching personnel of the public school system, except those who work directly under a State or local merit system; and for other purposes.
SB 162. By Senator Maclntyre of the 40th: A bill establishing a Minimum Foundation Program of Education in Georgia, so as to make the determination of teacher-pupil ratios per missive with the State Department of Education; and for other pur poses.
SB 163. By Senators Maclntyre of the 40th. and Gordy of the 15th: A bill to reorganize the State Highway Board so as to provide for a means of reconstituting said Board following Congressional reappointment and for other purposes.
SB 164. By Senators Gillis of the 20th and Pannell of the 54th: A bill establishing retirement system to change the minimum floor for teachers retired prior to July 1, 1961; and for other purposes.
SR 89. By Senator Maclntyre of the 40th: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to exempt certain improvements in substandard dwellings from taxation and to permit tax abatement to the owners thereof over a certain period of years; and for other pur poses.

826

JOURNAL OF THE SENATE,

SR 90. By Senators Broun of the 46th., and Coggin of the 35th:
A resolution authorizing consolidation of all funds now held by the respective Athletic Associations of the University of Georgia, and the Georgia Institute of Technology; and for other purposes.

SR 91. By Senators Wesberry of the 37th., Brown of the 34th., Maclntyre of the 40th., Salome of the 36th., Brewer of the 39th., Coggin of the 35th., and Johnson of the 38th:
A resolution providing for a Commission to study primary, general and special elections held in Fulton County, Georgia, for the nomina tion and election of public officials.

SR 93. By Senator Loggins of the 53rd:
A resolution creating a Rapid Transit Study Committee; and for other purposes.

SR 95. By Senator Hall of the 52nd:
A resolution relating to the Penal and Correctional Affairs Committee; and for other purposes.

HB 135. By Mr. Duncan of Carroll:
A bill to amend an act relating to objections in connection with a motion for a new trial to be raised before the trial judge; and for other purposes.

HB 144. By Messrs. Chandler and Harrington of Baldwin, Simmons of Banks, McDonald of White, Story and Morgan of Gwinnett and others:
A bill to provide for the use of voting machines for casting, register ing and recording ballots at all elections; and for other purposes.

HB 202. By Messrs. Lane of Bulloch, Paris of Barrow, Simpson of Wheeler, Brantley of Candler, Waldrop of Carroll, Parker of Screven and others:
A bill to create a Georgia Recreation Commission; and for other purposes.

HB 247. By Messrs. Paris of Barrow, Knight of Berrien, Abney of Walker, Brooks of Oglethorpe, Murphy of Haralson, Mixon of Irwin and others:
A bill to provide that an insurer who settles a claim or suit on behalf of an insured shall do so in the capacity of an independent contractor;

TUESDAY, MARCH 12, 1963

827

to provide that such settlement shall not affect the rights of an in sured against a third party; and for other purposes.

HB 320. By Messrs. Chandler of Baldwin, Dorminy of Ben Hill, Williams of Hall, Brown of Hart, Johnson of Elbert, Wilford of Franklin and others:
A bill to amend an act known as the Motor Fuel Tax Law, so as to repeal refund authorized for motor fuel tax paid on gasoline used on navigable waters; and for other purposes.

HB 340. By Messrs. Hill of Meriwether, Sinclair of Macon, Brown of Hart, Fulford of Terrell, Hall of Lee, Keadle of Lamar and others:
A bill to create an Area Redevelopment Finance Administrator; to provide for a short title; and for other purposes.

HB 396. By Messrs. Rutland, Mackay and Harris of DeKalb:
A bill to create and establish in DeKalb County, districts from which the members of the County Board of Education shall be elected and for other purposes.

HB 421. By Messrs. Mackay of DeKalb, Payton of Coweta, Dicus of Muscogee and Harris of DeKalb:
A bill to establish and constitute the Study Commission on Industrial Loan Business; and for other purposes.

HB 431. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to exempt the sale of tangible personal property to the University System of Georgia; and for other purposes.

HB 435. By Messrs. Bowen of Toombs, Fowler of Treutlen, Perry of Evans, Nessmith of Bulloch, Williams and Milhollin of Coffee and others:
A bill to amend an act known as the "Georgia Fertilizer Act of 1960", so as to redefine term "manufacturer"; and for other purposes.

HB 470. By Messrs. Harris, Mackay and Rutland of DeKalb:
A bill to amend an act to provide for the examination for qualified electricians in certain counties; and for other purposes.

828

JOURNAL OF THE SENATE,

HB 477. By Mr. Wilkes of Cook:
A bill to prohibit the hunting and taking of certain birds; and for other purposes.

HB 488. By Messrs. Houston of Pierce, Herndon of Appling, Warren of Wayne and Jones of Liberty:
A bill to amend an act revising, superseding and consolidating the laws relating to the Game and Fish Commission, so as to provide by law the time when shad may be taken from the waters of this State; and for other purposes.

HB 497. By Messrs. Matthews and Bedgood of Clarke:
A bill to provide that no municipality shall employ law enforcement officers and provide for their compensation through commissions or percentages derived from fines and forfeitures arising out of arrests; and for other purposes.

HB 520. By Mr. Dixon of Ware:
A bill to create a Board of Commissioners of Roads and Revenues of Ware County; and for other purposes.

HB 517. By Messrs. Ware of Troup, Conner of Jeff Davis, Lee of Clayton and many others:
A bill to amend Code section 93-208 and 93-206 pertaining to the salaries of the chairman and members of the Public Service Commission, so as to provide a salary of $19,600 per annum, in lieu of a salary of $16,000 per annum; to repeal conflicting laws; and for other purposes.

HB 566. By Messrs. Isenberg and Killian of Glynn:
A bill to amend an act incorporating the City of Brunswick, so as to provide that the Commissioner at Large elected shall be designated as mayor; and for other purposes.

HB 571. By Mr. Lambert of Morgan:
A bill to create the Morgan County Development Authority; to provide the powers, authority, funds, purposes connected therewith; and for other purposes.

TUESDAY, MARCH 12, 1963

829

HB 574. By Messrs. Caldwell and Echols of Upson:
A bill creating and establishing a Small Claims Court in counties having a population of not less than 23,500 and not more than 24,100; and for other purposes.

HB 575. By Mr. Black of Webster: A bill to amend an act creating the office of Commissioner of Roads and Revenues for the County of Webster, so as to change the compen sation and traveling expenses for the sheriff; and for other purposes.
HB 579. By Messrs. Towson and Knight of Laurens: A bill to amend an act incorporating the Town of Dudley, so as to extend the city limits; and for other purposes.
HB 580. By Messrs. Lee and Blalock of Clayton: A bill to create a court to be known as the "Civil and Criminal Court of Clayton County"; to provide for election, qualifications, oath, duties, powers and terms of the judge and solicitor; and for other purposes.

HB 582. By Mr. Bowen of Dawson: A bill to amend an act creating the office of County Tax Commissioner of Dawson County; and for other purposes.
HB 583. By Mr. Bowen of Dawson: A bill to amend an act creating the office of Commissioner of Roads and Revenues for the County of Dawson; and for other purposes.

HB 584. By Mr. Bell of Richmond:
A bill to amend an act to change from the fee to the salary system in counties having a population of 135,000, so as to change the com pensation of the clerk, sheriff and other officers; and for other purposes.

HB 585. By Messrs. Bell, Hull and Fleming of Richmond:
A bill to amend an act to abolish justice courts and establish a Municipal Court for the City of Augusta; and for other purposes.

830

JOURNAL OF THE SENATE,

HB 586. By Messrs. Fleming, Hull and Bell of Richmond:
A bill to amend an act to establish the City Court of Richmond County; and for other purposes.

HB 587. By Messrs. Fleming, Hull and Bell of Richmond:
A bill to provide for the appointment of an assistant solicitor-general, an investigator and three stenographer-clerks in the officer of the solicitor-general in counties having a population of not less than 135,000 and not more than 140,000; and for other purposes.

HB 591. By Messrs. Fleming, Hull and Bell of Richmond:
A bill to amend an act relating to coroner's fees, in certain counties; and for other purposes.

HB 592. By Messrs. Fleming, Hull and Bell of Richmond:
A bill to provide for the appointment of a clerk for the office of the solicitor of the city court in counties having a population of not less than 135,000 and not more than 140,000; and for other purposes.

HB 593. By Messrs. Fleming, Bell and Hull of Richmond:
A bill to amend an act to establish the City Court of Richmond County; to provide for appointment of a judge and solicitor; and for other purposes.

HB 588. By Messrs. Fleming, Bell and Hull of Richmond:
A bill to provide for the appointment of an assistant solicitor of the city court of all counties having a population between 135,000 and 140,000; and for other purposes.

HB 596. By Messrs. Mackay of DeKalb, McClelland and Etheridge of Fulton:
A bill to amend an act providing for election precincts, so as to provide that in counties having a population of 250,000 or more as many elec tion precincts as convenient may be established; and for other purposes.

HB 598. By Mr. Coker of Turner:
A bill to further define and prescribe the purposes, powers and duties of the Turner County Development Authority; and for other purposes.

TUESDAY, MARCH 12, 1963

831

HR 39. By Mr. Williams of Hall: A resolution to compensate W. L. West, Sr.; and for other purposes.

HR 46. By Mr. McCracken of Jefferson: A resolution to compensate Edsel Scarboro; and for other purposes.

HR 49. By Mr. Pickard of Muscogee: A resolution to compensate Mrs. Richard L. Bell; and for other purposes.

HR 95. By Mr. Duncan of Pannin: A resolution to compensate Luther Callihan; and for other purposes.

HR 110. By Mr. Payton of Coweta:
A resolution to compensate Mrs. Elizabeth M. North; and for other purposes.

HR 122. By Mr. Stuckey of Dodge: A resolution to compensate Mr. J. 0. Justice; and for other purposes.

HR 159. By Messrs. Rutland of DeKalb, Bolton of Spalding, Andrews of Stephens, Busbee of Dougherty and Smith of Grady:
A resolution authorizing the Governor on behalf of the State of Geor gia to convey to the Colonial Pipeline Company, a Delaware Corpora tion, an easement for right-of-way purposes for petroleum products pipeline in Floyd and Barrow Counties; and for other purposes.

HR 169. By Mr. Williams of Hall: A resolution to compensate Claubus E. Adams; and for other purposes.
HR 173. By Mr. Parker of Screven: A resolution to compensate J. T. Bailey; and for other purposes.
HR 177. By Messrs. Twitty of Mitchell, Underwood of Montgomery, Vaughn of Rockdale, Wells of Camden and others: A resolution to designate and name the "Georgia Mental Health Cen-

832

JOURNAL OF THE SENATE,

ter" located on Briarcliff Road in DeKalb County, as the "S. Ernest Vandiver Mental Health Center"; and for other purposes.

HR 186. By Messrs. Mackay and Harris of DeKalb: A resolution to compensate Robert L. Norquist; and for other purposes.
HR 187. By Mr. Lowrey of Floyd: A resolution transferring State property located in Floyd County to the trustees of the cemetery of the Oostanoula (or Popes) Church; and for other purposes.

HR 190. By Mr. Sangster of Dooly:
A resolution to provide compensation for Bowles & Tillinghast, Inc., Actuaries and Employee Benefit Plan Consultants for services rendered for the Interim Legislative Committee to study matters relating to the retirement of employees of the Departmnt of Public Safty, created by resolution at the 1962 session of the General Assembly; and for other purposes.

HR 120. By Mr. Funk of Chatham:
A resolution resolving that the General Assembly of Georgia recognize no delegation of power made by the states to the President authorizing the sovereignty of this Nation to the United Nations; and that the sworn duty to the President to "provide for the common defense" pre cludes such proposals; and for other purposes.

HR 163. By Messrs. Smith of Habersham, Coker of Cherokee, Milford of Frank lin, Lewis of Wilkinson, Pope of Cherokee and Woodward of Butts:
A resolution proposing an amendment to the Constitution, so as to authorize scholarships for dental students; and for other purposes.

HR 167. By Messrs. Odom and Lee of Dougherty:
A resolution to amend a resolution providing that the judges of the Superior Courts of this State shall be entitled to receive, in addition to the compensation now provided by law, reimbursement of traveling expenses, so as to change the amount of traveling expenses; and for other purposes.

The following reports of committees were submitted, and read by the Sec retary:

TUESDAY, MARCH 12, 1963

833

Mr. Smalley of the 28th 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 99. Do Pass. SB 147. Do Pass. HB 266. Do Pass. HB 497. Do Pass. HB 105. Do Pass. HB 59. Do Pass.
Respectfully submitted, Smalley of 28th district, Chairman.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted 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 91. Do Pass. SR 93. Do Pass. HB 52. Do Pass. HB 177. Do Pass. HB 202. Do Pass. HB 365. Do Pass. HB 426. Do Pass. HB 518. Do Pass, by Substitute. HR 120. Do Not Pass. HR 137. Do Pass. HR 138. Do Pass. HR 146. Do Pass.

834

JOURNAL OF THE SENATE,

HE 150. Do Pass. HR 158. Do Pass. HR 159. Do Pass. HR 163. Do Pass, by Substitute.
Respectfully submitted, Rowan of 8th district, Secretary.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted 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 the Senate with the following recommendations:
SB 143. Do Pass. SB 155. Do Pass. SB 156. Do Pass. SR 86. Do Pass. HB 288. Do Pass. HB 419. Do Pass. HB 517. Do Pass. HR 148. Do Pass. HR 161. Do Pass.
Respectfully submitted, Rowan of 8th district, Secretary.
Mr. Knox of the 24th District, Chairman of the Committee on Highways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following

TUESDAY, MARCH 12, 1963

835

resolutions of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HR 151. Do Pass. HR 109. Do Pass.
Respectfully submitted, Knox of 24th district, Chairman.

Mr. Miller of the 50th 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 501. Do Pass. HB 324. Do Pass. HB 323. Do Pass. HB 325. Do Pass. HB 485. Do Pass. HB 175. Do Pass. HB 326. Do Pass.
Respectfully submitted, Miller of 50th district, Chairman.

Mr. Kendrick of the 43rd 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 has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 139. Do Pass.

836

JOURNAL OF THE SENATE,

HB 184. Do Pass. HB 205. Do Pass.

Respectfully submitted, Carter of 14th district, Secretary.

Mr. Carter of the 14th District, Secretary 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 Secretary, to report the same back to the Senate with the following recommendations:
HB 602. Do Pass. Respectfully submitted, Carter of 14th district, Secretary.
Mr. Pennington of the 45th District, Chairman of the Committee on Agri culture and Natural Resources submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources has had under consideration the following bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 210. Do Pass. HB 269. Do Pass. HB 446. Do Pass.
Respectfully submitted, Pennington of 45th district, Chairman

The following resolutions were read and adopted:
SR 92. By Senator Phillips of the 27th: A resolution expressing regrets at the passing of Edward B. Smith, Sr.; and for other purposes.

TUESDAY, MARCH 12, 1963

837

SR 94. By Senator Miller of the 50th:
A resolution commending Friendship Community, located a mile west of Hiawassee, in Towns County.

HR 228. By Mr. Dean of Polk:
A resolution commending the Georgia Tech basketball team; and for other purposes.

HR 233. By Messrs. McClelland, Etheridge and Brooks of Pulton; Mackay, Harris and Rutland of DeXalb:
A resolution proposing the designation of a "Ryder Cup Golf Matches Week"; and for other purposes.

HR 243. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A resolution expressing regret at the passing of Honorable Roy M. George; and for other purposes.

The following bill of the Senate was taken up for the purpose of considering House amendments thereto:

SB 84. By Senator Pannell of the 54th:
A bill to provide an alternate method for furnishing of Survivors' Benefits for the eligible members of the Employees' Retirement System of Georgia; and for other purposes.

The House amendments were as follows:
The Committee on State of the Republic moves to amend SB 84 by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows:
"Section 1. There is hereby created a Department of the State Government to be known as the "State Employees Assurance Depart ment". The management of the Department shall be in a Board of Directors consisting of the Comptroller General, the Commissioner of Labor, the State Auditor, the Director of the State Merit System, and two members to be appointed by the Governor."

Senator Pannell of the 54th moved that the Senate agree to the Committee amendment to SB 84.

838

JOURNAL OF THE SENATE,

On the motion, the ayes were 29, nays 0, and the amendment was agreed to.

Mr. Bolton of Spalding moved to amend SB 84 as follows:
By adding a semicolon at the end of section 2 thereof and adding the following language:
"Provided, however, no director or members shall receive any compensation whatsoever from any source."

Senator Pannell of the 54th moved that the Senate agree to the House amendment to SB 84.

On the motion, the ayes were 30, nays 0, and the amendment was agreed to.

Mr. Fleming of Richmond moved to amend SB 84 by striking the words "Fulton County" in line three of section nine and inserting in lieu thereof the words the "plaintiff's residence".

Senator Pannell of the 54th moved that the Senate disagree to the House amendment to SB 84.

On the motion, the ayes were 30, nays 0, and the amendment was disagreed to.

The following bill of the House was taken up for the purpose of considering the report of a Committee of Conference thereto:

HB 40. By Messrs. Bell of Richmond and Mackay of DeKalb:
A bill to amend an act relating to criminal procedure, so as to provide that persons under the age of 21 years shall not be sentenced to death for the commission of a capital crime; and for other purposes.

The report of the Committee of Conference was as follows: Mr. President Mr. Speaker: The Conference Committee on HB 40 recommends that both the

TUESDAY, MARCH 12, 1963

839

Senate and House recede from their positions and that the attached substitute bill be adopted by both the Senate and House.

Respectfully submitted, Bell of Richmond Kelly of Jasper Twitty of Mitchell Hunt of 26th Johnson of 42nd Smalley of 28th

A BILL
TO BE ENTITLED
An Act to amend Sections 26-1005 and 27-2302 of the Georgia Code of 1933, relating to the punishment for murder and other capital cases, so as to provide that any person who has not reached his seventeenth birthday at the time of the offense shall not be sentenced to death but shall instead be sentenced to life imprisonment; to provide for the effective date of these amendments; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Section 26-1005 of the 1933 Code, prescribing the punish ment for murder, is hereby amended by adding at the end of the first paragraph the following:
"When it is shown that a person convicted of murder had not reached his seventeenth birthday at the time of the commission of the offense, the punishment of such person shall not be death but shall be imprisonment for life."
so that when so amended Section 26-1005 shall read as follows:
"26-1005. The punishment for persons convicted of murder shall be death, but may be confinement in the penitentiary for life in the following cases: If the jury trying the case shall so recommend, or if the conviction is founded solely on circumstantial testimony the presiding judge may sentence to confinement in the penitentiary for life. In the former case it is not discretionary with the judge; in the latter it is. When it is shown that a person con victed of murder had not reached his seventeenth birthday at the time of the commission of the offense, the punishment of such person shall not be death but shall be imprisonment for life.

840

JOURNAL OF THE SENATE,

"Whenever a jury, in a capital case of homicide, shall find a verdict of guilty, with a recommendation of mercy, instead of a recommendation of imprisonment for life, in cases where by law the jury may make such recommendation, such verdict shall be held to mean imprisonment for life. If, in any capital case of homicide, the jury shall make any recommendation, where not authorized by law to make a recommendation of imprisonment for life, the verdict shall be construed as if made without any recom mendation."

Section 2. Section 27-2302 of the 1933 Code, prescribing punish ment in capital cases other than homicide, is hereby amended by adding at the end thereof the following:

"When the verdict is guilty without a recommendation to mercy it shall be legal and shall mean that the convicted person shall be sentenced to death.

However, when it is shown that a person convicted of a capital offense without a recommendation to mercy had not reached his seventeenth birthday at the time of the commission of the offense the punishment of such person shall not be death but shall be imprisonment for life."

so that when so amended Section 27-2302 shall read as follows:

"27-2302. In all capital cases, other than those of homicide, when the verdict is guilty, with a recommendation to mercy, it shall be legal and shall mean imprisonment for life. When the verdict is guilty without a recommendation to mercy it shall be legal and shall mean that the convicted person shall be sentenced to death. However, when it is shown that a person convicted of a capital offense without a recommendation to mercy had not reachd his seventeenth birthday at the time of the commission of the offense the punishment of such person shall not be death but shall be imprisonment for life."
Section 3. These amendments shall be effective on and after the effective date of this Act but shall not be construed to affect any per son heretofore tried and convicted.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Hunt of the 26th moved that the report of the Committee of Conference on HB 40 be adopted.

On the motion, the ayes were 33, nays 1, and the report of the Committee of Conference was adopted.

TUESDAY, MARCH 12, 1963

841

The following bill of the House was taken up for the purpose of con sidering the report of a Committee of Conference thereto:

HB 132. By Messrs. Matthews of Clarke, Killian of Glynn, Melton of Spalding, Mackay and Harris of DeKalb, McClelland of Fulton and Rutland of DeKalb.
A bill to amend an act relating to obscene pictures and abusive and vulgar language, so as to provide that any person who shall sell, exhibit, give away, have possession of, advertise for sale, manu facture, print or circulate obscene publications shall be guilty of a felony; and for other purposes.

The report of the Committee of Conference was as follows:
Mr. President
The Conference Committee on HB 132 reports as follows:
SECTION A
The Conference Committee, composed of the following members:
Senator Gayner of the 5th
Senator Webb of the llth
Senator Wesberry of the 37th
Representative Matthews of Clarke
Representative House of Bibb
Representative Clarke of Monroe
moves that House Bill 132 as originally passed by the House of Rep resentatives do pass without the Senate amendment which struck from the title of the Bill the phrase, "be guilty of a felony, and upon con viction thereof, shall be punished by confinement in the penitentiary for not less than one, nor more than five years; to provide that upon recommendation of the jury said offense shall be punishable as for a misdemeanor;" and which substituted in lieu thereof the phrase, "be guilty of a misdemeanor; provided, however, that any person shall, upon his second conviction of a violation of this Act, be guilty of a felony and shall be punished by confinement in the penitentiary for not less than one nor more than five years."
SECTION B
The Conference Committee further moves that House Bill 132 do pass without the Senate amendment which struck from Section 1 of the Bill the phrase, "be guilty of a felony, and upon conviction there of, shall be punished by confinement in the penitentiary for not less

842

JOURNAL OP THE SENATE,

than one year nor more than five years; provided, however, in the event the jury so recommends, such person may be punished as for a misdemeanor," and which substituted in lieu thereof the following: "be guilty of a misdemeanor; provided, however, that any person shall, upon his second conviction of a violation of this Act, be guilty of a felony and shall be punished by confinement in the penitentiary for not less than one nor more than five years."

It is the intent of the Conference Committee that this motion be that House Bill 132 be passed just as it was originally passed in the House of Representatives insofar as the punishment feature of said Bill is concerned.

SECTION C

The Conference Committee further moves that House Bill 132 do pass with the Senate Amendment which struck from the Section 1 of said Bill as originally passed by the House the last sentence thereof which read "as used herein, the term 'obscene matter' shall mean any book, pamphlet, magazine, newspaper, film, picture, photograph, re cording, lithograph, duplicate pictorial representation or other printed material, which, if considered as a whole, applying contemporary com munity standards, has, as its dominant theme, an appeal to prurient interest, that is, a morbid interest, in nudity, sex, or excretion." and which substituted in lieu thereof the following sentence, "as used here in, a matter is obscene if, considered as a whole, applying contemporary community standards, its predominant appeal is to prurient interest, i.e:, a shameful or morbid interest in nudity, sex or excretion."

It is the intent of the Conference Committee that this motion be that House Bill 132 be passed with that Senate Amendment which amended the definition of what matter is obscene under the provisions of the Bill.

SECTION D

The Conference Committee further moves that House Bill 132 do pass with the Senate Amendment which struck in its entirety Section 2 of the Bill as it was originally passed by the House.

A majority of the Conference Committee moves the adoption of this report, the majority being Representatives Matthews, House and Clarke, and Senator Wesberry; Senators Gayner and Webb dissenting from that portion of the report contained in Sections A and B thereof,

TUESDAY, MARCH 12, 1963

843

and concurring in that portion of the report contained in Sections C and D thereof.

This llth day of March, 1963. Gayner of 5th Matthews of Clarke Clarke of Monroe House of Bible Webb of llth Wesberry of 37th

Senator Gayner of the 5th moved that the report of the Committee of Con ference on HB 132 be disagreed to.

On the motion to disagree, the ayes were 23, nays 9, and the report of the Committee of Conference was disagreed to.

Senator Webb of the llth moved that a new Committee of Conference be appointed, and the motion prevailed.

The president appointed as a new Committee of Conference on the part of the Senate the following:

Senators Gillis of the 20th, Phillips of the 27th and Heard of the 29th.

The following resolutions were read and adopted:

SR 99. By Senator Pannell of the 54th:
A resolution recognizing and commending the program known as "Labor Sunday Observance"; and for other purposes.

SR 98. By Senator Webb of the llth:
A resolution expressing regrets at the passing of Honorable Charlie E. Dews, Sr.; and for other purposes.

844

JOURNAL OF THE SENATE,

SR 100. By Senator Lee of the 47th:
A resolution commending Sherrill Whitaker, Melba Yeargin, Terrell Ayers, Alexa Carpenter and Shirley Yeargin; and for other purposes.

HR 230. By Messrs. Smith of Habersham, Parker of Screven and Lane of Bulloch:
A resolution expressing sympathy at the passing of Dr. C. S. Hubbard; and for other purposes.

The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:

HB 394. By Messrs. Conner of Jeff Davis, Wilkes of Cook, Jones of Worth, Fowler of Douglas, Ware of Troup, Echols of Upson and Shea of Chatham:
A bill to amend an act relating to the various kinds of insurance, limits of risks, and reinsurance, so as to provide that no automobile liability insurance policy shall be issued unless coverage is provided therein for the protection of the insured against uninsured vehicle; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 38, nays 0. The bill, having received the requisite constitutional maority, was passed.

HB 327. By Messrs. Conger and Griffin of Decatur:
A bill to amend an act creating the Georgia Factory for the Blind, so as to provide that workers in said factory shall receive and observe all State holidays with pay; and for other purposes.

The report 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.

TUESDAY, MARCH 12, 1963

845

The bill, having received the requisite constitutional majority, was passed.

SB 147. By Senator Zorn of the 6th:
A bill to amend an act relating to the punishment of any person who shall desecrate the burial place of any human body, approved February 24, 1941 (Ga. Laws 1941, p. 425), so as to redefine the 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.

Senator Zorn of the 6th asked unanimous consent that SB 147 be immediately transmitted to the House.

The consent was granted.

SB 130. By Senator Fuqua of the 22nd: A bill to amend an act entitled "An act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present corporation laws of the State"; to repeal section 22-308 of the Code of Georgia of 1933; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Fuqua of the 22nd asked unanimous consent that SB 130 be im mediately transmitted to the House.
The consent was granted.

846

JOURNAL OF THE SENATE,

SB 146 By Senator Coggin of the 35th:
A bill to amend section 68-213 of the Code of Georgia, adopted March 24, 1933, so as to provide for the registration of manufacturers and dealers of motor vehicles; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 99. By Senators Johnson of the 42nd, Pannell of the 54th and Jackson of the 16th:
A bill relating to the criminal responsibility of children; to amend certain code sections pertaining thereto; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.
SB 132. By Senators Johnson of the 42nd and McWhorter of the 43rd: A bill to repeal the last sentence of section 13 (c) of the Minimum Foundation Program Act, relating to the calculation of local financial ability of the counties of Fulton and DeKalb; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 24, nays 9.
The bill, having failed to receive the requisite constitutional majority, was lost.

TUESDAY, MARCH 12, 1963

847

Senator McWhorter of the 43rd gave notice that at the proper time he would move to reconsider SB 132.

SB 142 By Senator Kendrick of the 32nd:
A bill to amend an act known as the "Minimum Foundation Program of Education Act", approved Feb. 25, 1949 (Ga. Laws 1949, p. 1406), as amended, so as to provide that State-constributed foundation program funds shall be allotted to local units on the basis of average daily attendance; and for other purposes.

Senator Kendrick of the 32nd offered the following amendment: Amend SB 142 by adding in the Title before the clause "to repeal
conflicting laws;" the words "to provide an effective date;".
By striking from Section 1 in the quoted second paragraph of Section 14 the words "or decrease" wherever the same appears.
By adding in Section 1 at the end of the quoted second paragraph of Section 14 the following:
"No reduction shall be made in State allotments for teachers' salaries, maintenance, operation, sick leave and text books to the system even though the average daily attendance of any system may decrease." wherever said quoted paragraph appears.
By adding a new Section to be known as Section 2 to read as follows:
"Section 2. The effective date of this Act shall be July 1, 1965."
By renumbering Section 2 as Section 3.

On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment was adopted.

Senator Carter of the 14th offered the following amendment:
"Amend SB 142 by inserting the word "transportation" immediately following the words "sick leave" wherever the same appears, so that the phrase shall read "State allotment for teachers' salaries, main tenance, operation, sick leave, transportation and text books" wherever the same appears."

848

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, was agreed to as amended.

On the passage of the bill, the ayes were 18, nays 27.

The bill, having failed to receive the requisite constitutional majority, was lost.

SR 60. By Senator Miller of the 50th: A resolution proposing an amendment to the Constitution, so as to authorize scholarships for dental students; to provide the procedure rc.onnnperctpte.Hd thhperrpe~wwitt.hil;! na.nrd? for nott.hher mpuirpnospes.
Senator Miller of the 50th moved that SR 60 be indefinitely postponed, and the motion prevailed.

SB 143. By Senator Hunt of the 26th:
A bill to provide that a fallout shelter be included in future construction of public buildings; and for other purposes.

Senator Phillips of the 27th moved that SB 143 be postponed to March 13th.

On the motion to postpone, the ayes were 28, nays 0, and the motion pre vailed.

SB 155. By Senator Coggin of the 35th:
A bill to provide for records to be kept by the Secretary of State in regard to the incorporation of municipalities, date of incorporation thereof and changes in the boundaries thereof; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, MARCH 12, 1963

849

On the passage of the bill, the ayes were 33, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 191. By Mr. Mackay of DeKalb:
A bill to amend an act relating to the receipt of stock certificates of bank stock, so as to provide methods of receipt; and for other purposes.

The report 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 193. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act relating to the regulation of the banking in dustry, so as to provide for the relocation of the main office, bank office or bank facility within a city, town or village; and for other purposes.

The report 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 194. By Messrs. Mackay and Harris of DeKalb: A bill to amend an act relating to applications for amendments to bank charters, so as to change the vote of stockholders required to authorize a change in the location of the office of the bank; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

850

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 210. By Mr. Wilkes of Cook:
A bill to provide that no construction contract shall be let by the State or any political subdivision thereof unless said contract contains a provision providing for the exclusive use of Georgia forest products; and for other purposes.

The report 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 2.

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

HB 446. By Messrs. Carr of Washington, Smith of Telfair, Hall of Lee, Reaves of Brooks, Herndon of Appling, Russell of Thomas and many others:
A bill to amend an act comprehensively revising and superseding the laws relating to the Georgia Forestry Commission, so as to provide for the improvement of real estate held under a deed containing a rever sionary clause; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 37, nays 2.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for the purpose of considering the report of a Committee of Conference thereto:

TUESDAY, MARCH 12, 1963

851

HB 132. By Messrs. Matthews of Clarke, Killian of Glynn, Melton of Spalding, Mackay and Harris of DeKalb, McClelland of Fulton and Rutland of DeKalb:
A bill to amend an act relating to obscene pictures and abusive and vulgar language, so as to provide that any person who shall sell, exhibit, give away, have possession of, advertise for sale, manufacture, print or circulate obscene publications shall be guilty of a felony; and for other purposes.

The report of the Committee of Conference was as follows:
Mr. President:
Mr. Speaker:
The Conference Committee on HB 132 reports as follows:
SECTION A
The Conference Committee, composed of the following members:
Senator Gillis of the 20th
Senator Heard of the 29th
Senator Phillips of the 27th
Representative Killian of Glynn
Representative Melton of Spalding
Representative Steis of Harris
moves that House Bill 132 as originally passed by the House of Rep resentatives do pass without the Senate amendment which struck from the title of the Bill the phrase, "be guilty of a felony, and upon con viction thereof, shall be punished by confinement in the penitentiary for not less than one, nor more than five years; to provide that upon recommendation of the jury said offense shall be punishable as for a misdemeanor;" and which substituted in lieu thereof the phrase, "be guilty of a misdemeanor; provided, however, that any person shall, upon his second conviction of a violation of this Act, be guilty of a felony and shall be punished by confinement in the penitentiary for not less than one nor more than five years."
SECTION B
The Conference Committee further moves that House Bill 132 do pass without the Senate amendment which struck from Section 1 of the Bill the phrase, "be guilty of a felony, and upon conviction thereof, shall be punished by confinement in the penitentiary for not less than one year nor more than five years; provided, however, in the event the jury so recommends, such person may be punished as for a misde-

852

JOURNAL OF THE SENATE,

meaner," and which substituted in lieu thereof the following: "be guilty of a misdemeanor; provided, however, that any person shall, upon his second conviction of a violation of this Act, be guilty of a felony and shall be punished by confinement in the penitentiary for not less than one nor more than five years."

It is the intent of the Conference Committee to recommend that House Bill 132 be passed just as it was originally passed in the House of Representatives insofar as the punishment feature of said Bill is concerned.

SECTION C

The Conference Committee further moves that House Bill 132 do pass with the Senate amendment which struck from the Section 1 of said Bill as originally passed by the House the last sentence thereof which read: "As used herein, the term "obscene matter" shall mean any book, pamphlet, magazine, newspaper, film, picture, photograph, recording, lithograph, duplicate pictorial representation or other printed material, which, if considered as a whole, applying contemporary com munity standards, has, as its dominant theme, an appeal to prurient interest, that is, a morbid interest, in nudity, sex, or excretion." and which substituted in lieu thereof the following sentence: "As used here in, a matter is obscene if, considered as a whole, applying contemporary community standards, its predominant appeal is to prurient interest, I.E., a shameful or morbid interest in nudity, sex or excretion."

It is the intent of the Conference Committee to recommend that House Bill 132 be passed with that Senate amendment which amended the definition of what matter is obscene under the provisions of the Bill.

SECTION D

The Conference Committee further moves that House Bill 132 do pass with the Senate amendment which struck in its entirety Sction 2 of the Bill as it was originally passed by the House.

This 12th day of March, 1963. Phillips of 27th Gillis of 20th Heard of 29th Killian of Glynn Melton of Spalding Steis of Harris

Senator Pannell of the 54th moved that the report of the Committee of Con ference be adopted.

TUESDAY, MARCH 12, 1963

853

On the motion, the ayes were 43, nays 0, and the report of the Committee of Conference was adopted.

Senator Pelham of the 10th, Chairman of the Committee on Senate Admin istrative 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:
SB 84. SB 98. SB 130. SB 146. SB 147.
Respectfully submitted, Pelham of the 10th District, Chairman.

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bills and/or resolutions of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for trans mission to the Governor:
SB 13. SB 30.
Respectfully submitted, Pelham of the 10th District, Chairman.

HB 59. By Messrs. Mixon of Irwin, Murphy of Haralson, Matthews of Colquitt and Morgan of Gwinnett:
A bill to prohibit the imitation and simulation of legal process; to prohibit the circulation of any writing which imitates or simulates a form of court or legal process; and for other purposes.

854

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 19, nays 19.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Webb of the llth gave notice that at the proper time he would move to reconsider HB 59.

Senator Pannell of the 54th moved that the Senate do now adjourn until tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.

WEDNESDAY, MARCH 13, 1963

855

Senate Chamber, Atlanta, Georgia, Wednesday, March 13, 1963.

The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.

Scripture reading was offered by Reverend George Hulsey, pastor, Cascade Baptist Church, Atlanta, Georgia.

Prayer was offered by Reverend Bernard Rsbertson, pastor First Methodist Church, Americus, Georgia.
Senator McWhorter of the 43rd moved that the Senate reconsider its action of yesterday on the following bill of the Senate:
SB 132. By Senators Johnson of the 42nd and McWhorter of the 43rd: A bill to repeal the last sentence of Section 13 (c) of the Minimum Foundation Program Act, relating to the calculation of local financial ability of the counties of Fulton and DeKalb; and for other purposes.

On the motion to reconsider, the ayes were 15, nays 17, and the motion was lost.

Senator Pelham of the 10th reported that the journal of yesterday's proceed ings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Pannell of the 54th 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.

856

JOURNAL OF THE SENATE,

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 resolution of the House and Senate, to-wit:

HB 456. By Messrs. Smith and Mitchell of Whitfield:
A bill to amend an act authorizing the Ordinary or anyone performing the duties of the Ordinary to use photostatic equipment in recording documents, so as to require that photographic recording equipment be installed in certain counties; and for other purposes.

HB 682. By Messrs. Ballard and Morgan of Newton:
A bill to create a Board of Commissioners of Roads and Revenues for Newton County; and for other purposes.

HB 663. By Mr. Reaves of Brooks:
A bill to amend an act creating a Board of Commissioners of Brooks County relating to the compensation of the Clerk; and for other purposes.

HB 664. By Mr. Snow of Walker:
A bill to amend the charter of the City of Rossville; to authorize the Mayor and Council to levy and collect a tax of not more than $1.50 on every $100.00 of the assessed value of all property; and for other purposes.

HB 665. By Mr. Snow of Walker:
A bill to amend the charter of the City of Rossville, so as to authorize the Mayor and Council to levy and collect a tax of not more than $1.50 on every $100.00 of the assessed value upon all property; and for other purposes.

WEDNESDAY, MARCH 13, 1963

857

HB 667. By Messrs. Groover, Laite and House of Bibb:
A bill to amend an act to establish a Board of Commissioners for Bibb County; and for other purposes.

HB 668. By Messrs. Groover, Laite and House of Bibb:
A bill to amend an act codifying all former acts relating to and dealing with the Municipal Court of the City of Macon, so as to establish and create in lieu thereof a Civil Court of Bibb County; and for other purposes
HB 669. By Messrs. Harris, Rutland and Mackay of DeKalb:
A bill to amend an act known as the Urban Redevelopment Law in counties having a population of 250,000 and not more than 500,000; and for other purposes.

HB 673. By Mr. Byrd of Walton:
A bill to amend an act creating a Board of Commissioners of Roads and' Revenues of Walton County, so as to provide that the Board may employ persons to conduct a tax equalization program for Walton County; and for other purposes.

HB 561. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Mackay of DeKalb:
A bill to amend an act known as "The Welfare Reorganization Act of 1937," so as to rename the State Department of Public Welfare as the State Department of Family and Children Services; and for other purposes.

HB 562. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Mackay of DeKalb:
A bill to amend an act known as "The Welfare Reorganization Act of 1937," so as to abolish existing county boards of family and children services and provide for appointment of new county boards of family and children services in each county; and for other purposes.

HB 581. By Mr. Cullens of Bartow:
A bill to amend an act creating the Peace Officers' Annuity and Benefit Fund, so as to redefine the term "peace officer"; and for other purposes.

858

JOURNAL OP THE SENATE,

HB 594. By Mr. Smith of Grady:
A bill to create the Claims Advisory Board; to provide for the compo sition, powers, duties and authority of said Board; and for other purposes.

HB 636. By Messrs. Towson of Laurens and Spikes of Troup:
A bill to amend an act relating to the imposition, rate of computation and exemptions from income taxation, so as to clarify the taxation of distributions from a trust exempted from taxation by Code Section 92-3105; and for other purposes.

HB 638. By Messrs. Floyd of Chattooga, Bedgood of Clarke, Richardson and Shea of Chatham, Groover of Bibb, Horton of Putnam and others: A bill to amend an act relating to the reports of the State Auditor, so as to provide the time for furnishing copies to the members of the General Assembly; and for other purposes.
HB 657. By Mr. Busbee of Dougherty: A bill to authorize the leasing of State Parks and related facilities to public authorities; and for other purposes.

HR 185. By Messrs. Shea, Funk and Richardson of Chatham: A resolution creating the Forward Georgia Commission; and for other purposes.
SR 64. By Senators Conway of the 41st and Jackson of the 16th: A resolution creating the Governor's Commission for Scientific Research and Development; to provide for the appointment of members thereof; provide terms of office, compensation; and for other purposes.
HB 647. By Messrs. Overby and Williams of Hall: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Hall County, so as to authorize the Board to construct roads; and for other purposes.
HB 648. By Messrs. Overby and Williams of Hall: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Hall County, so as to authorize the Board to construct sanitary sewers within any unincorporated areas of the county under certain conditions; and for other purposes.

WEDNESDAY, MARCH 13, 1963

859

HB 649. By Messrs. Fleming, Hull and Bell of Richmond:
A bill to amend the charter of the City of Augusta, so as to create a Board of Civil Service Commission for the City Council of Augusta; and for other purposes.

HB 652. By Mr. Sangster of Dooly:
A bill to amend an act to abolish the offices of Tax Collector and Tax Receiver in the County of Dooly, so as to change the salary of the Tax Commissioner; and for other purposes.

HB 659. By Messrs. Teague and Flournoy of Cobb: A bill to authorize the establishment of a Civil Service System in Cobb County for persons receiving salary and wages in whole or in part from Cobb County; and for other purposes.
HR 219. By Messrs. Mackay, Rutland and Harris of DeKalb: A resolution to create for the citizens of DeKalb County a commission to study the administration of justice; and for other purposes.
SB 100. By Senator Gayner of the 5th: A bill to provide for a secretary for the Judge of the Superior Court of Brunswick Judicial Circuit; to provide for the method of payment of such secretary by the counties of said circuit; and for other purposes.
SB 120. By Senator Carlton of the 21st: A bill to amend an act incorporating the City of Swainsboro, so as to increase the corporate limits of said city; and for other purposes.
SB 126. By Senator Yancey of the 33rd: A bill to amend an act to create the Cobb County-Marietta Water Au thority; and for other purposes.
SB 135. By Senators Brown of the 34th, Brewer of the 39th and Maclntyre of the 40th: A bill to provide in all counties of 500,000 or more population according to the U. S. Census of 1960 or any future U. S. Census that the Pension Board of the Board of Education shall recompute the pension paid to those teachers and employees who had retired prior to April 1, 1955 and who had been awarded a basic pension for twenty years of service; and for other purposes.

860

JOURNAL OF THE SENATE,

SB 136. By Senators Brown of the 34th, Brewer of the 39th, and Maclntyre of the 40th and others:
A bill applying to counties having a population of 500,000 or more by the U. S. Census of 1960 or any future U. S. Census whose governing authorities are required by law to pay pensions from the county treasury of such county to retired county policemen and firemen; and for other purposes.

HB 609. By Mr. McGarity of Henry:
A bill to amend an act providing for the compensation of the county Treasurer in counties having a population of not less than 17,600 and not more than 17,000; and for other purposes.

HB 631. By Mr. Deen of Bacon:
A bill creating a new charter for the City of Alma; to extend corporate limits; and for other purposes.

HB 633. By Messrs. Shea, Richardson and Funk of Chatham:
A bill to amend an act incorporating the Town of Pooler; and for other purposes.

HB 634. By Mr. McGarity of Henry:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Henry County; and for other purposes.

HB 635. By Mr. McGarity of Henry:
A bill to amend an act to consolidate, amend and codify the various acts incorporating the Town of McDonough, so as to change the corporate limits; and for other purposes.

HB 639. By Mr. McGarity of Henry:
A bill to amend an act incorporating the Town of McDonough, now the City of McDonough; and for other purposes.

HB 642. By Mr. Smith of Forsyth:
A bill to create a one member Commissioner of Roads and Revenues for Forsyth County; and for other purposes.

WEDNESDAY, MARCH 13, 1963

861

HB 643. By Mr. Smith of Habersham:
A bill to amend an act creating a Board of Commissioners for Haber sham County, so as to change the compensation of the Board of Com missioners; and for other purposes.

HB 644. By Mr. Smith of Habersham:
A bill to amend an act consolidating the offices of Tax Receiver and Tax Collector into the Office of Tax Commissioner, so as to change the com pensation of the Clerk; and for other purposes.

HB 646. By Messrs. Overby and Williams of Hall:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Hall County, so as to authorize the Board to adopt traffic ordinances or regulations to control traffic upon the streets; and for other purposes.

HB 680. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act which provides for the retirement and payment of pensions to the Judges and Solicitor General of the Criminal Court of Fulton County, the Judges of the Civil Court of Fulton County and the Judge of the Juvenile Court of Fulton County; and for other purposes.

HB 683. By Messrs. Mackay, Rutland and Harris of DeKalb:
A bill to amend an act revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County and creating a Chairman and Board of Commissioners of Roads and Revenues for DeKalb County, so as to delete the provision excepting businesses sub ject to regulation by the State Public Service Commission from the assessment of license fees, charges or taxes on such businesses; and for othr purposes.
HR 234. A resolution to create for the citizens of DeKalb County a Commission to study public safety; and for other purposes.

HB 589. By Messrs. Fleming, Hull and Bell of Richmond:
A bill to amend an act to provide an additional compensation for the solicitor-general of certain judicial circuits; and for other purposes.

HB 590. By Messrs. Fleming, Hull and Bell of Richmond: A bill to provide for the appointment of two Superior Court Reporters

862

JOURNAL OF THE SENATE,

to Judges of Superior Courts in counties having a population of 115,000 to 140,000; and for other purposes.

HB 42. By Mr. Duncan of Carroll:
A bill to amend an act relating to the State Highway Board, so as to change the procedures relating to expenditures of funds by the Highway Board; and for other purposes.

HB 140. By Mr. Melton of Spalding:
A bill making provisions for coverage of certain officers and employees of political subdivisions of the State under the old-age and survivors insurance provisions of Title II of the Federal Social Security Act; and for other purposes.

HB 224. By Messrs. Payton of Coweta, Overby of Hall, Bagby of Paulding, Cullens of Bartow and McGarity of Henry:
A bill to amend an act relating to a health insurance plan for State employees, so as to authorize Solicitors-General to participate; and for other purposes.

HB 348. By Messrs. Twitty of Mitchell, Underwood of Montgomery, Stalnaker of Houston, Bell of Richmond, Towson of Laurens and many others:
A bill to provide for a Sheriff's Retirement Fund of Georgia; and for other purposes.

HB 449. By Messrs. Bagby of Paulding, Cullen of Bartow, Jordan of Floyd, Floyd of Chattooga, Groover of Bibb, Matthews of Colquitt and many others:
A bill to provide that it shall be unlawful for any person who has been convicted for the violation of any of the criminal laws against the United States of America and who has served two separate sentences in any penal institution, custodial institution or other places of confinement to serve in any municipal, county, district or State election or primary; and for other purposes.

HB 452. By Mr. Story of Gwinnett:
A bill to amend an act entitled the "Juvenile Courts Act," so as to change the age limit for making public the name or picture of any child under the jurisdiction of the court; and for other purposes.

WEDNESDAY, MARCH 13, 1963

863

HB 528. By Mr. Towson of Laurens:
A bill to amend an act relating to the filing of corporation income tax returns, so as to repeal the provisions relative to the filing of a single income tax return by two or more corporations; and for other purposes.

HB 397. By Mr. Killian of Glynn:
A bill to amend an act completely and exhaustively revising, supersed ing and consolidating the laws relating to the State Game and Fish Commission; and for other purposes.

HB 443. By Mr. Ware of Troup:
A bill to amend an act creating the Georgia Ports Authority, so as to define the word "project," to remove the limitation on the issuance of bonds; and for other purposes.

HB 487. By Mr. Clarke of Monroe:
A bill to amend an act relating to entering and stealing from hut, rail road car, tent, booth or temporary building, so as to re-define the pun ishment for the offense, to add to the offense the breaking or forcibly opening any coin operated or vending machine; and for other purposes.

HR 218. By Mr. Wilson of Brantley: A resolution to compensate Mr. Gabriel Strickland; and for other pur poses.
The house has passed as amended the following bill and resolution of the Senate:

SB 80. By Senators Lee of the 47th, Broun of the 46th and others:
A bill to amend Code Chapter 84-11 relating to Optometry; and for other purposes.

SR 24. By Senator Pannell of the 54th:
A resolution creating the Election Laws Study Committee; and for other purposes.

The House has adopted the following resolutions of the House:

864

JOURNAL OF THE SENATE,

HR 88. By Messrs. Chandler of Baldwin, Lambert of Morgan, and others:
A resolution urging the Georgia Congressional Delegation in the United States Congress to lend their support and efforts toward relieving and eliminating the problems of the Federal Aid Agencies; and for other purposes.

HR 251. By Mr. Hill of Meriwether:
A resolution relating to a World's Fair in Atlanta, Georgia; and for other purposes.

HR 240. By Messrs. Melton and Bolton of Spalding:
A resolution urging the Budget Bureau to make available funds for the restoration and repair of Elijah Clark's grave and monument; and for other purposes.

HR 247. By Messrs. Meeks of Union, Smith of Forsyth, and others:
A resolution commending the patrolmen serving the Capitol area during the General Assembly and in particular, Patrolman Raymond Black; and for other purposes.

HB 422. By Mr. Mackay of DeKalb:
A bill to amend an act relating to the imposition, rate of computation and exemptions from income taxation, so as to provide that certain dis tributions of corporate stock qualifying under Section 1111 of the Fed eral Internal Revenue Code of 1954 shall not be deemed a dividend; and for other purposes.

HB 409. By Messrs. Williams of Hall, Ware of Troup, and Twitty of Mitchell:
A bill to amend an act relating to motor vehicle licenses, so as to provide for fees to be paid for licensing of motor vehicles for part of a year; and for other purposes.

HR 125. By Mr. Dean of Polk: A resolution to compensate Lewis Moore; and for other purposes.

IIR 155. By Mr. Newton of Colquitt: A resolution to compensate Homer C. Patterson; and for other purposes,

WEDNESDAY, MARCH 13, 1963

865

HE 156. By Messrs. Teague, Flournoy and Wilson of Cobb:
A resolution to compensate Marietta Transport Company; and for other purposes.

HE 181. By Mr. Todd of Glascock: A resolution to compensate Mrs. H. S. Swint; and for other purposes.

HE 192. By Mr. Bagby of Paulding:
A resolution compensating Ealph E. Callenback, Jr.; and for other purposes.

HE 196. By Mr. Bagby of Paulding: A resolution to compensate Dan W. Forsyth; and for other purposes.

HE 216. By Messrs. Matthews and Newton of Colquitt:
A resolution compensating Mr. George Eufus Hanna; and for other pur poses.

HB 495. By Messrs. Keyton and Eussell of Thomas, Eeaves of Brooks, Hall of Lee, Carr of Washington, Hull and Fleming of Richmond, and many others:
A bill to amend an act providing a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State Officials, so as to change the compensation of the State Supervisor of Purchases; and for other purposes.

HE 57. By Mr. Causby of Gordon:
A resolution authorizing an appropriation to the Georgia Historical Com mission for the purpose of developing as a tourist attraction the old capitol of the Cherokee Indian Nation located near New Echota in Gor don County; and for other purposes.

HE 215. By Mr. Causby of Gordon:
A resolution authorizing the conveyance of two lots belonging to the State of Georgia to Gordon County; and for other purposes.

866

JOURNAL OF THE SENATE,

HR 86. By Messrs. Chandler of Baldwin, Lambert of Morgan, Shuman of Bryan, Lane of Bulloch and Melton of Spalding:
A resolution requesting the several State Retirement Systems to invest their funds in home loans on property located in Georgia; and for other purposes.

HR 87. By Messrs. Chandler of Baldwin, Lambert of Morgan, Shuman of Bryan, Lane of Bulloch and Melton of Spalding:
A resolution encouraging the home building industry to organize and create its own insuring and regulating agency; and for other purposes.

HB 504. By Messrs. Bynum of Rabun, Overby of Hall, Paris of Barrow, McDonald of White, Barber of Jackson, Poole of Pickens and many others:
A bill to amend an act providing for the maintenance of standards of sanitation for food service establishments, so as to provide that non profit schools and institutions serving family-style meals shall not be included under any law regulating the dispensing of milk; and for other purposes.

HB 632. By Mr. Brantley of Candler:
A bill to amend an act providing that the authorities of any municipal corporation shall not levy or collect any tax or license from a traveling salesman engaged in taking orders for the sale of goods where no delivery of goods is made at the time of taking such orders; and for other purposes.
HB 613. By Messrs. Bolton of Spalding, Killian of Glynn, Fulford of Terrell, Ware of Troup, Wilkes of Cook, Groover of Bibb and others:
A bill to amend an act relating to the Game and Fish Commission, so as to provide for the trapping of rabbits, and for other purposes.

HB 622. By Messrs. Laite of Bibb, Towson of Laurens, Meeks of Union, Groover of Bibb, Chandler of Baldwin, Raulerson of Echols and others:
A bill to regulate the sale of firearms of less than fifteen inches in length by any person, so as to provide who shall be required to purchase a license; and for other purposes.

HR 145. By Mr. Murphy of Haralson:
A resolution to authorize conveyance of certain property in Buchanan, Georgia, Haralson County, to the Board of Education of Haralson County; and for other purposes.

WEDNESDAY, MARCH 13, 1963

867

HB 548. By Messrs. Lee and Odom of Dougherty:
A bill to define collection agencies for the protection of the public; to provide for the filing of a bond by collection agencies; to exempt the provisions of this act from application to certain persons, firms and corporations; and for other purposes.

HB 576. By Mr. Matthews of Clarke:
A bill to amend an act establishing Juvenile Courts in certain counties; and for other purposes.

HB 674. By Mr. Mixon of Irwin:
A bill to abolish the offices of Tax Receiver and Tax Collector of Irwin County; and for other purposes.

HB 675. By Messrs. House, Groover and Laite of Bibb:
A bill directing the City of Macon to close, vacate, abandon land, discon tinue the use of a portion of the Old City Cemetery, located in and adjacent to Square 35, Old City, in the City of Macon, for cemetery purposes; and for other purposes.

HB 676. By Mr. Jones of Worth:
A bill to amend an act to create a new charter for the City of Sylvester; and for other purposes.

HB 677. By Messrs. Walker and Gibbons of Lowndes:
A bill to amend the charter of the City of Valdosta, relating to elections; and for other purposes.

HB 678. By Messrs. Walker and Gibbons of Lowndes:
A bill to amend an act establishing a system of public schools in the City of Valdosta; and for other purposes.

HB 679. By Mr. Roper of Greene:
A bill to create the Greene County Development Authority; and for other purposes.

HB 681. By Messrs. Mackay, Rutland and Harris of DeKalb:
A bill to authorize the solicitor-general of the Superior Court in certain counties to appoint certain investigators; and for other purposes.

868

JOURNAL OF THE SENATE,

HB 655. By Mr. Barber of Jackson:
A bill to amend an act incorporating the City of Hoschton, so as to remove certain property from the corporate limits of said City; and for other purposes.

HB 653. By Mr. Barber of Jackson:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues of Jackson County, relating to the Commissioners salary; and for other purposes.

HB 656. By Mr. Barber of Jackson:
A bill to amend an act creating a Board of County Commissioners for the County of Jackson, relating to the distribution of U. S. Department of Agriculture surplus commodities; and for other purposes.

HB 654. By Mr. Barber of Jackson:
A bill to amend an act incorporating the City of Commerce; and for other purposes.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 80. By Senators Lee of the 47th, Broun of the 46th and others:
A bill to amend Code Chapter 84-11 relating to the practice of Optometry, as amended, so as to clarify the authority of the Georgia State Board of Examiners in Optometry; and for other purposes.

The House amendment was as follows:
The Committee on Hygiene and Sanitation moved to amend SB 80 by striking from Section 2 the following language:
"Pulton County, Georgia by a writ of certiorari as provided by law in other cases. Any such application for a writ of certiorari must be made within ten (10) days of the action of the Board sought to be reviewed."

and inserting in lieu thereof the following language:
"the county of the applicant's residence in the same manner and by the same procedure as appeals are made to the Superior Court from decisions made by the Court of Ordinary."

WEDNESDAY, MARCH 13, 1963

869

Senator Lee of the 47th moved that the Senate agree to the House amendment to SB 80.

On motion, the ayes were 34, nays 0, and the amendment was agreed to.

The House insists on its position on the following bill of the Senate and has appointed a Committee of Conference:

SB 98. By Senator Fuqua of the 22nd:
A bill to amend Code Title 109A, known as the "Uniform Commercial Code," so as to define a public sale; and for other purposes.

The Speaker appointed the following as a Committee of Conference: Towson of Laurens, Clarke of Monroe and Mackay of DeKalb.

The House insists on its position on the following resolution of the Senate and has appointed a Committee of Conference:

SR 9. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th:
A resolution creating the "Governor's Commission for Efficiency and Improvement in Government," to provide for the appointment of mem bers thereof; and for other purposes.

The Speaker appointed the following as a Committee of Conference: Bolton of Spalding, Busbee of Dougherty and Hale of Dade.

The House insists on its position on the following resolution of the House and has appointed a Committee of Conference:

HR 21. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, and others:
A resolution creating the "Governor's Commission to Improve Educa tion"; to provide for appointment of members thereof and their tenure and expenses, to define the duties and powers of said Commission; and for other purposes.

870

JOURNAL OF THE SENATE,

The Speaker has appointed the following as a Committee of Conference:
Messrs. Bolton of Spalding, Busbee of Dougherty, and Andrews of Stephens.

The following bills and resolutions were introduced, read the first time and referred to committees:

SB 166. By Senator Rowan of the 8th:
A bill to provide that it shall be unlawful for one person to commit an other to a state mental institution under certain circumstances and for certain purposes; and for other purposes.
Referred to Committee on Health and Welfare.

SB 167. By Senator Wesberry of the 37th:
A bill to provide for additional investments for municipalities, counties, school districts, and other local governmental units; and for other pur poses.
Referred to Committee on Banking and Finance.

SR 102. By Senators Miller of the 50th, Ellis of the 44th, and Moore of the 31st: A resolution creating an interim study committee; and for other pur poses.
Referred to Committee on Rules.
SR 106. By Senator Johnson of the 38th: A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law that any increase in assessed valuation resulting from mandatory improvements to multiple dwellings to eliminate unhealthy conditions shall be exempt from tax ation.
Referred to Committee on Rules.
SR 107. By Senators Pannell of the 54th, Carlton of the 21st, and Gillis of the . 20th: A resolution proposing an amendment to the Constitution so as to pro vide for four (4) year terms for members of the House of Representa tives; to provide for the submission of this amendment for ratification or rjection; and for other purposes.
Referred to Committee on Rules.

WEDNESDAY, MARCH 13, 1963

871

HB 42. By Mr. Duncan of Carroll:
A bill to amend an act relating to the State Highway Board, so as to change the procedures relating to expenditures of funds by the Highway Board; and for other purposes.
Referred to Committee on Highways.

HB 140. By Mr. Melton of Spalding:
A bill making provisions for coverage of certain officers and employees of political subdivisions of the State under the old-age and survivors insurance provisions of Title II of the Federal Social Security Act; and for other purposes.
Referred to Committee on Judiciary:

HB 224. By Messrs. Payton of Coweta, Overby of Hall, Bagby of Paulding, Cullens of Bartow and McGarity of Henry:
A bill to amend an act relating to a health insurance plan for State employees, so as to authorize Solicitors-General to participate; and for other purposes.
Referred to Committee on Health and Welfare:

HB 348. By Messrs. Twitty of Mitchell, Underwood of Montgomery, Stalnaker of Houston, Bell of Richmond, Towson of Laurens and many others:
A bill to provide for a Sheriff's Retirement Fund of Georgia; and for other purposes.
Referred to Committee on Rules.

HB 397. By Mr. Killian of Glynn:
A bill to amend an act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Com mission; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 443. By Mr. Ware of Troup:
A bill to amend an act creating the Georgia Ports Authority, so as to define the word "project," to remove the limitation on the issuance of bonds; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

872

JOURNAL OF THE SENATE,

HB 449. By Messrs. Bagby of Paulding, Cullen of Bartow, Jordan of Floyd, Floyd of Chattooga, Groover of Bibb, Matthews of Colquitt and many others:
A bill to provide that it shall be unlawful for any person who has been convicted for the violation of any of the criminal laws against the United States of America and who has served two separate sentences in any penal institution, custodial institution or other places of confinement to serve in any municipal, county, district or State election or primary; and for other purposes.
Referred to Committee on Penal Corrections.

HB 452. By Mr. Story of Gwinnett:
A bill to amend an act entitled the "Juvenile Courts Act," so as to change the age limit for making public the name or picture of any child under the jurisdiction of the court; and for other purposes.
Referred to Committee on Judiciary.

HB 487. By Mr. Clarke of Monroe:
A bill to amend an act relating to entering and stealing from hut, rail road car, tent, booth or temporary building, so as to re-define the pun ishment for the offense, to add to the offense the breaking or forcibly opening any coin operated or vending machine; and for other purposes.
Referred to Committee on Judiciary.

HB 528. By Mr. Towson of Laurens:
A bill to amend an act relating to the filing of corporation income tax returns, so as to repeal the provisions relative to the filing of a single income tax return by two or more corporations; and for other purposes.
Referred to Committee on Judiciary.

HB 561. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Mackay of DeKalb:
A bill to amend an act known as "The Welfare Reorganization Act of 1937," so as to rename the State Department of Public Welfare as the State Department of Family and Children Services; and for other pur poses.
Referred to Committee on Health and Welfare.

HB 562. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Mackay of DeKalb:
A bill to amend an act known as "The Welfare Reorganization Act of

WEDNESDAY, MARCH 13, 1963

873

1937," so as to abolish existing county boards of family and children services and provide for appointment of new county boards of family and children services in each county; and for other purposes.
Referred to Committee on Rules.

HB 581. By Mr. Cullens of Bartow:
A bill to amend an act creating the Peace Officers' Annuity and Benefit Fund, so as to redefine the term "peace officer"; and for other purposes.
Referred to Committee on Judiciary.

HB 589. By Messrs, Fleming, Hull and Bell of Richmond:
A bill to amend an act to provide an additional compensation for the Solicitor-General of certain judicial circuits; and for other purposes.
Referred to Committee on Judiciary.

HB 590. By Messrs. Fleming, Hull and Bell of Richmond:
A bill to provide for the appointment of two Superior Court Reporters to Judges of Superior Courts in counties having a population of 115,000 to 140,000; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 594. By Mr. Smith of Grady:
A bill to create the Claims Advisory Board; to provide for the compo sition, powers, duties and authority of said Board; and for other pur poses.
Referred to Committee on Rules.

HB 609. By Mr. McGarity of Henry:
A bill to amend an act providing for the compensation of the County Treasurer in counties having a population of not less than 17,600 and not more than 17,700; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 631. By Mr. Deen of Bacon:
A bill creating a new charter for the City of Alma; to extend corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.

874

JOURNAL OF THE SENATE,

HB 633. By Messrs. Shea, Richardson and Funk of Chatham:
A bill to amend an act incorporating the Town of Pooler; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 634. By Mr. McGarity of Henry:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Henry County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 635. By Mr. McGarity of Henry:
A bill to amend an act to consolidate, amend and codify the various acts incorporating the Town of McDonough, so as to change the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 636. By Messrs. Towson of Laurens and Spikes of Troup:
A bill to amend an act relating to the imposition, rate of computation and exemptions from income taxation, so as to clarify the taxation of distributions from a trust exempted from taxation by Code Section 92-3105; and for other purposes.
Referred to Committee on Rules.

HB 638. By Messrs. Floyd of Chattooga, Bedgood of Clarke, Richardson and Shea of Chatham, Groover of Bibb, Horton of Putnam and others:
A bill to amend an act relating to the reports of the State Auditor, so as to provide the time for furnishing copies to the members of the General Assembly; and for other purposes.
Referred to Committee on Rules.

HB 639. By Mr. McGarity of Henry:
A bill to amend an act incorporating the Town of McDonough, now the City of McDonough; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 642. By Mr. Smith of Forsyth:
A bill to create a one member Commissioner of Roads and Revenues for Forsyth County; and for other purposes.
Referred to Committee on County and Municipal Governments.

WEDNESDAY, MARCH 13, 1963

875

HB 643. By Mr. Smith of Habersham:
A bill to amend an act creating a Board of Commissioners for Haber sham County, so as to change the compensation of the Board of Com missioners; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 644. By Mr. Smith of Habersham:
A bill to amend an act consolidating the offices of Tax Receiver and Tax Collector into the Office of Tax Commissioner, so as to change the compensation of the Clerk; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 646. By Messrs. Overby and Williams of Hall:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Hall County, so as to authorize the Board to adopt traffic ordinances or regulations to control traffic upon the streets; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 647. By Messrs. Overby and Williams of Hall:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Hall County, so as to authorize the Board to construct roads; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 648. By Messrs. Overby and Williams of Hall:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Hall County, so as to authorize the Board to construct sanitary sewers within any unincorporated areas of the county under certain conditions; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 649. By Messrs. Fleming, Hull and Bell of Richmond:
A bill to amend the charter of the City of Augusta, so as to create a Board of Civil Service Commission for the City Council of Augusta; and for other purposes.
Referred to Committee on County and Municipal Governments.

876

JOURNAL OP THE SENATE,

HB 652. By Mr. Sangster of Dooly:
A bill to amend an act to abolish the office of Tax Collector and Tax Receiver in the County of Dooly, so as to change the salary of the Tax Commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 657. By Mr. Busbee of Dougherty:
A bill to authorize the leasing of State Parks and related facilities to public authorities; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 659. By Messrs, Teague and Flournoy of Cobb:
A bill to authorize the establishment of a Civil Service System in Cobb County for persons receiving salary and wages in whole or in part from Cobb County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 88. By Messrs. Chandler of Baldwin, Lambert of Morgan, and others:
A resolution urging the Georgia Congressional Delegation in the United States Congress to lend their support and efforts toward relieving and eliminating the problems of the Federal Aid Agencies; and for other purposes.
Referred to Committee on Rules.

HR 185. By Messrs. Shea, Funk and Richardson of Chatham:
A resolution creating the Forward Georgia Commission; and for other purposes.
Referred to Committee on Rules.

HR 218. By Mr. Wilson of Brantley:
A resolution to compensate Mr. Gabriel Strickland; and for other pur poses.
Referred to Committee on Appropriations.

HR 219. By Messrs. Mackay, Rutland and Harris of DeKalb:
A resolution to create for the citizens of DeKalb County a Commission to study the administration of justice; and for other purposes.
Referred to Committee on County and Municipal Governments.

WEDNESDAY, MARCH 13, 1963

877

HB 674. By Mr. Mixon of Irwin:
A bill to abolish the offices of tax receiver and tax collector of Irwin County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 675. By Messrs. House, Groover and Laite of Bibb:
A bill directing the City of Macon to close, vacate, abandon land and discontinue the use of a portion of the Old City Cemetery, located in and adjacent to Square 35, Old City, in the City of Macon, for cemetery purposes; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 676. By Mr. Jones of Worth:
A bill to amend an act to create a new charter for the City of Sylvester; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 677. By Messrs. Walker and Gibbons of Lowndes:
A bill to amend the charter of the City of Valdosta, relating to elections; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 678. By Messrs. Walker and Gibbons of Lowndes:
A bill to amend an act establishing a system of public schools in the City of Valdosta; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 679. By Mr. Roper of Greene: A bill to create the Greene County Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 681. By Messrs. Maekay, Rutland and Harris of DeKalb:
A bill to authorize the solicitor-general of the Superior Court in certain counties to appoint certain investigators; and for other purposes.
Referred to Committee on County and Municipal Governments.

878

JOURNAL OF THE SENATE,

HB 669. By Messrs. Harris, Rutland and Mackay of DeKalb:
A bill to amend an act known as the Urban Redevelopment Law in coun ties having a population of 250,000 and not more than 500,000; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 680. By Messrs: McClelland and Etheridge of Fulton:
A bill to amend an act which provides for the retirement and payment of pensions to the judges and solicitor general of the Criminal Court of Fulton County, the judges of the Civil Court of Fulton County and the judge of the Juvenile Court of Fulton County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 683. By Messrs. Mackay, Rutland and Harris of DeKalb:
A bill to amend an act revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County and creating a chairman and Board of Commissioners of Roads and Revenues for DeKalb County, so as to delete the provision excepting businesses subject to regulation by the State Public Service Commission from the assess ment of license fees; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 234. By Messrs. Mackay, Harris and Rutland of DeKalb: A resolution to create for the citizens of DeKalb County a commission to study public safety; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 409. By Messrs. Williams of Hall, Ware of Troup and Twitty of Mitchell: A bill to amend an act relating to motor vehicle licenses, so as to provide for fees to be paid for licensing of motor vehicles for part of a year; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

HB 422. By Mr. Mackay of DeKalb:
A bill to amend an act relating to the imposition, rate of computation and exemptions from income taxation, so as to provide that certain distribu tions of corporate stock qualifying under Section 1111 of the Federal Internal Revenue Code of 1954 shall not be deemed a dividend; and for other purposes.
Referred to Committee on Rules.

WEDNESDAY, MARCH 13, 1963

879

HB 495. By Messrs. Keyton and Russell of Thomas, Reaves of Brooks, Hall of Lee, Carr of Washington, Hull and Fleming of Richmond and many others:
A bill to amend an act providing a uniform method of fixing, limiting and restricting salaries, allowances and travel expenses of certain state officials, so as to change the compensation of the State Supervisor of Purchases; and for other purposes.
Referred to Committee on Rules.

HR 125. By Mr. Deen of Polk: A resolution to compensate Lewis Moore; and for other purposes.
Referred to Committee on Appropriations.

HR 155. By Mr. Newton of Colquitt: A resolution to compensate Homer C. Patterson; and for other purposes.
Referred to Committee on Appropriations.

HR 156. By Messrs. Teague, Flournoy and Wilson of Cobb:
A resolution to compensate Marietta Transport Company; and for other purposes.
Referred to Committee on Appropriations.

HR 181. By Mr. Todd of Glascock: A resolution to compensate Mrs. H. S. Swint; and for other purposes.
Referred to Committee on Appropriations.

HR 192. By Mr. Bagby of Paulding:
A resolution compensating Ralph R. Callenback, Jr.; and for other purposes.
Referred to Committee on Appropriations.

HR 196. By Mr. Bagby of Paulding: A resolution to compensate Dan W. Forsyth; and for other purposes.
Referred to Committee on Appropriations.

880

JOURNAL OF THE SENATE,

HR 216. By Messrs. Matthews and Newton of Colquitt:
A resolution compensating Mr. George Rufus Hanna; and for other purposes.
Referred to Committee on Appropriations.

HB 548. By Messrs. Lee and Odom of Dougherty:
A bill to define collection agencies for the protection of the public; to provide for the filing of a bond by collection agencies; to exempt the provisions of this act from application to certain persons, firms and cor porations; and for other purposes.
Referred to Committee on Rules.

HB 576. By Mr. Matthews of Clarke:
A bill to amend an act establishing Juvenile Courts in certain counties; and for other purposes.
Referred to Committee on Judiciary.

HB 613. By Messrs. Bolton of Spalding, Killian of Glynn, Fulford of Terrell, Ware of Troup, Wilkes of Cook, Groover of Bibb and others:
A bill to amend an act relating to the Game and Fish Commission, so as to provide for the trapping of rabbits; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 622. By Messrs. Laite of Bibb, Towson of Laurens, Meeks of Union, Groover of Bibb, Chandler of Baldwin, Raulerson of Echols and others:
A bill to regulate the sale of firearms of less than fifteen inches in length by any person, so as to provide who shall be required to purchase a license; and for other purposes.
Referred to Committee on Rules.

HR 145. By Mr. Murphy of Haralson:
A resolution to authorize conveyance of certain property in Buchanan, Georgia, Haralson County, to the Board of Education of Haralson County; and for other purposes.
Referred to Committee on Highways.

WEDNESDAY, MARCH 13, 1963

881

HB 504. By Messrs. Bynum of Rabun, Overby of Hall, Paris of Barrow, McDon ald of White, Barber of Jackson, Poole of Pickens and others:
A bill to amend an act providing for the maintenance of standards of sanitation for food service establishments, so as to provide that non profit schools and institutions serving family-style meals shall not be under any law regulating milk dispensing; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 632. By Mr. Brantley of Candler:
A bill to amend an act providing that the authorities of any municipal corporation shall not levy or collect any tax or license from a traveling salesman engaged in taking orders for the sale of goods where no deliv ery of goods is made at the time of taking such orders; and for other purposes.
Referred to Committee on Rules.

HB 364. By Messrs. Groover of Bibb, Wilkes of Cook and Hill of Meriwether:
A bill to provide that no State official shall be compensated for any ex-officio office unless the act creating such office specifically provides for payment; and for other purposes.
Referred to Committee on Rules.

HB 650. By Messrs. Hale of Dade, Mackay and Harris of DeKalb: A bill to amend an act regulating professional fund raising; and for other purposes.
Referred to Committee on Rules.
HR 86. By Messrs. Chandler of Baldwin, Lambert of Morgan, Shuman of Bryan, Lane of Bulloch and Melton of Spalding: A resolution requesting the several State Retirement Systems to invest their funds in home loans of property located in Georgia; and for other purposes.
Referred to Committee on Rules.
HR 57. By Mr. Causby of Gordon: A resolution authorizing an appropriation to the Georgia Historical Commission for the purpose of developing as a tourist attraction the old capitol of the Cherokee Indian Nation located near New Echota in Gor don County; and for other purposes.
Referred to Committee on Highways.

882

JOURNAL OF THE SENATE,

HR 87. By Messrs. Chandler of Baldwin, Lambert of Morgan, Shuman of Bryan, Lane of Bulloch and Melton of Spalding:
A resolution encouraging the home building industry to organize and create its own insuring and regulatory agency; and for other purposes.
Referred to Committee on Rules.

HR 191. By Messrs. Walker and Gibbons of Lowndes, Killian and Isenberg of Glynn:
A resolution relating to the placing of a marker on Jekyll Island in honor of former Governor M. E. Thompson; and for other purposes.
Referred to Committee on Rules.

HR 215. By Mr. Causby of Gordon:
A resolution authorizing the conveyance of two lots belonging to the State of Georgia to Gordon County; and for other purposes.
Referred to Committee on Highways.

The following bills and resolutions were read the second time:

SB 165. By Senator Mclntyre of the 40th:
A bill to exempt certain improvements, to eliminate fire and other haz ards in substandard dwellings, from taxation; and for other purposes.

HB 100. By Mr. Barber of Jackson:
A bill to amend an act establishing a State Board of Education, so as to authorize the State Board of Education to make available instructional courses through the medium of educational television; and for other purposes.

HB 124. By Mr. Smith of Grady:
A bill to amend an act creating a small claims court in certain counties; and for other purposes.

HB 355. By Mr. Melton of Spalding:
A bill to provide an appropriation for the purpose of providing suitable offices for use by the Employment Security Agency in the Department of Labor; and for other purposes.

WEDNESDAY, MARCH 13, 1963

883

HB 398. By Messrs. Smith of Grady, Busbee of Dougherty, Bolton of Spalding, Andrews of Stephens and Rutland of DeKalb:
A bill to amend an act relating to general provisions concerning banks and banking, so as to define "city," "town" and "village"; and for other purposes.

HB 418. By Mr. Groover of Bibb:
A bill to amend an act relating to qualification fee for candidates in general election of certainn county offices, so as to provide for reason able qualification fee due to be posted 10 days prior to special elections; and for other purposes.

HB 429. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, An drews of Stephens, Busbee of Dougherty and Funk of Chatham:
A bill to amend an act relating to the powers, duties and rights of the Board of Health and the director of the Department of Public Health, so as to authorize the director to execute instruments to release proper parties from further compliance with certain contractual obligations; and for other purposes.

HB 444. By Messrs, Mitchell and Smith of Whitfield:
A bill to create a new Judicial Circuit for the State of Georgia to be known as the Conasauga Judicial Circuit to be composed of the counties of Whitfield and Murray; and for other purposes.

HB 464. By Messrs. Lane and Nessmith of Bulloch:
A bill to amend an act relating to fees paid to coroners, so as to change the compensation for coroners in certain counties; and for other pur poses.

HB 469. By Messrs. Harris, Mackay and Rutland of DeKalb:
A bill to amend an act providing a method of fixing salaries of court bailiffs in certain counties, so as to change the population requirements from 200,000 to 500,000 inhabitants or more; and for other purposes.

HB 492. By Messrs. Sinclair of Macon, Duncan of Carroll, Warren of Wayne, Lindsey of Wilkes, Herndon of Appling and Wilson of Brantley:
A bill to amend an act to revise the adoption laws so as to remove cer tain grounds for the annulment of an adoption; and for other purposes.

884

JOURNAL OF THE SENATE,

HB 500. By Messrs. Mackay of DeKalb, Underwood of Montgomery and Spikes of Troup:
A bill to provide that trustees, executors, administrators, guardians and other like fiduciaries holding trust funds may invest the same in real estate loans both secured by a first lien on or first security title to improved realty and are insured pursuant to provisions of any title of the National Housing Act; and for other purposes.

HB 502. By Mr. Etheridge of Fulton:
A bill to fix the salary of the sheriff in counties having a population of 500,000 or more; and for other purposes.

HB 511. By Messrs. Hurst of Quitman, King of Chattahoochee, Steis of Harris, Conger of Decatur, McKemie of Clay, Bowen of Randolph and others:
A bill to amend the Georgia Motorboat Numbering Act, so as to author ize entering agreements for registration of boats used on waters con tiguous to or forming a part of or abutting upon the boundaries of this State; and for other purposes.
HB 512. By Messrs. Steis of Harris, Hurst of Quitman, King of Chattahoochee, Conger of Decatur, Bowen of Randolph, Twitty of Mitchell and others:
A bill to amend an act comprehensively revising, consolidating and super seding the laws relating to the Game and Fish Commission relating to agreements between Georgia and bordering states for taking waterfowl on waters forming part of or abutting on Georgia; and for other purposes.

HB 498. By Messrs. Richardson, Funk and Shea of Chatham:
A bill to amend an act creating a Board of Health in each county and providing for payment of the expenses of county health departments by towns and cities under certain conditions, so as to change the method of payment of expenses of county health departments; and for other purposes.
HB 527. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Melton of Spalding:
A bill to amend an act to codify the school laws of the State of Georgia, so as to provide that the Board of Education of any county school district shall have the power to equip facilities for education beyond the 12th grade; and for other purposes.

HB 556. By Mr. McClelland of Fulton: A bill to amend an act providing that the fees of an auditor shall be

WEDNESDAY, MARCH 13, 1963

885

taxed by the judge and providing the amount of said fees, so as to provide that the fees of an auditor to whom a case has been referred shall be determined by the trial judge making such referral; and for other purposes.

HB 557. By Mr. McClelland of Fulton:
A bill to amend an act providing that fees of an auditor shall be taxed by the judge and providing for the amount of such fees; and for other purposes.

HB 569. By Mr. Tucker of Catoosa:
A bill to amend an act creating the Town of Fort Oglethorpe, in the counties of Walker and Catoosa, so as to provide for the division of the town into wards; and for other purposes.

HB 570. By Mr. Tucker of Catoosa:
A bill to amend an act relating to the mayor and aldermen of the Town of Fort Oglethorpe; and for other purposes.

HB 603. By Mr. McClelland of Fulton:
A bill to amend an act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County; so as to give credit for prior service rendered as a teacher in any public school system; and for other purposes.

HB 604. By Mr. Singer of Stewart:
A bill to consolidate all of the laws chartering the Town of Omaha in the County of Stewart; and for other purposes.

HB 606. By Messrs. Snow and Abney of Walker:
A bill incorporating the City of LaFayette in the County of Walker, so as to provide for the power of eminent domain; and for other purposes.

HB 607. By Messrs. Williams and Overby of Hall:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues; and for other purposes.

886

JOURNAL OF THE SENATE,

HB 608. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act creating the Clayton County Water Authority, so as to change the composition of the membership of the Authority; and for other purposes.

HB 611. By Messrs. Killian and Isenberg of Glynn:
A bill to create a Court to be known as the "Magistrate's Court of Glynn County; and for other purposes.

HB 614. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill to create the Albany High School Stadium Authority and to authorize such Authority to acquire, construct, equip, an athletic stadium and the usual facilities related thereto; and for other purposes.

HB 615. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill to authorize the City of Albany and the County of Dougherty to jointly acquire, either by donation, purchase or eminent domain, such lands and buildings as the City of Albany and the County of Dougherty may from time to time determine is necessary for the joint use of the City of Albany and the County of Dougherty; and for other purposes.

HB 616. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill providing for the merger of the then-existing independent school system of the City of Albany and the then-existing school district of the County of Dougherty lying outside the corporate limits of said city; and for other purposes.

HB 617. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill to authorize the City of Albany and the County of Dougherty to appropriate money from their general funds to the Board of Educa tion of Dougherty County; and for other purposes.

HB 618. By Mr. Busbee of Dougherty:
A bill to amend an Act creating and establishing a new charter for the City of Albany by providing that upon the petition of the owners of 75% of the property adjacent to any alley within the fire zone, the draining may be done and costs assessed against the owners of adjacent lands; and for other purposes.

WEDNESDAY, MARCH 13, 1963

887

HB 619. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill to provide for official bonds of the Marshal or Chief and other personnel of the City of Albany Police Department; and for other purposes.

HB 620. By Messrs. Odom, Lee and Busbee of Dougherty:
A bill to amend an Act creating and establishing a new charter for the City of Albany, relating to wards; and for other purposes.

HB 621. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill to amend an Act creating the new charter for the City of Albany, so as to change the corporate limits; and for other purposes.

HB 624. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an Act abolishing all Justice Courts and the Office of Justice of the Peace in the City of Atlanta, to create the position of Judge Emeritus of the Civil Court of Pulton County; and for other purposes.

HB 625. By Mr. Singer of Stewart:
A bill to authorize counties having a population between 7,367 and 7,377 to elect county officials and the member of the House of Representatives to the General Assembly by a majority of the popular votes in the county; and for other purposes.
HB 628. By Messrs. Knight of Berrien, Wilkes of Cook, Henderson of Atkinson and Lee of Clinch:
A bill to amend an Act abolishing the fee system existing in the Su perior Courts of the Alapaha Judicial Circuit, so as to provide for the payment of expense to the Solicitor-General; and for other purposes.

HB 629. By Mr. Wilson of Brantley:
A bill to create the office of Commissioner of Roads and Revenues of Brantley County, so as to change the compensation of the Commis sioners; and for other purposes.

HR 166. By Messrs. Rodgers of Charlton and Wells of Camden:
A resolution designating the Alva P. Hopkins, Jr. Bridge; and for other purposes.

888

JOURNAL OP THE SENATE,

HR 197. By Messrs. Flournoy, Teague and Wilson of Cobb:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to empower the Governing Authority of Cobb County, for regulatory and revenue pur poses; and for other purposes.

HR 205. By Mr. Houston of Pierce:
A resolution authorizing and directing the State Librarian to furnish certain law books to the Ordinary of Pierce County; and for other pur poses.

The following reports of committees were submitted, and read by the Secretary:

Mr. Smalley of the 28th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary 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 recommendations:
HR 96. Do Pass. Respectfully submitted, Smalley of 28th District, Chairman.

Mr. Smalley of the 28th 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 268, Do Pass. HB 478. Do Pass. HB 555. Do Pass.

WEDNESDAY, MARCH 13, 1963

889

HB 410 Do Pass. HR 167 Do Pass.

Respectfully submitted, Smalley of 28th District, Chairman.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted 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:

HR 177. Do Pass.

HR 187. Do Pass.

SB 150. Do Pass.

SR 95. Do Pass.

SR 89. Do Pass.

HB 248. Do Pass.

Respectfully submitted, Rowan of 8th District, Secretary.

Mr. Puqua of the 22nd 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 has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 209. Do Pass. HB 290. Do Pass. HB 320 Do Pass. HB 340. Do Pass. HB 431. Do Pass.

890

JOURNAL OP THE SENATE,

HB 513 Do Pass. HB 530 Do Pass.

Respectfully submitted, Fuqua of 22nd District, Chairman.

Mr. Brown of the 34th District, Chairman of the Committee on County and Municipal Government, submitted the following report:
Mr. President:
Your Committee on County and Municipal Government 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 584. Do Pass. HB 585. Do Pass, as Amended. HB 586. Do Pass. HB 587. Do Pass. HB 588. Do Pass. HB 591. Do Pass. HB 592 Do Pass. HB 593. Do Pass. HB 598. Do Pass.
Respectfully submitted, Brown of 34th District, Chairman.

Mr. Brown of the 34th District, Chairman of the Committee on County and Municipal Government, submitted the following report:
Mr. President:
Your Committee on County and Municipal Government has had under con sideration the following bills of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recom mendations :
SB 122. Do Pass. HB 88. Do Pass.

WEDNESDAY, MARCH 13, 1963

891

HB 170. Do Pass. HB 362. Do Pass. HB 396. Do Pass. HB 437. Do Pass, as Amended. HB 461. Do Pass, as Amended. HB 467. Do Pass, as Amended. HB 468. Do Pass, as Amended. HB 470. Do Pass. HB 514. Do Pass. HB 520. Do Pass. HB 531. Do Pass. HB 551. Do Pass. HB 552. Do Pass. HB 554. Do Pass. HB 566. Do Pass. HB 571. Do Pass. HB 574. Do Pass. HB 575. Do Pass. HB 579. Do Pass. HB 580. Do Pass. HB 582. Do Pass. HB 583. Do Pass.

Respectfully submitted, Brown of 34th District, Chairman.

Mr. Holloway of the 12th 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 421. Do Pass, as Amended.

892

JOURNAL OF THE SENATE,

HB 424. Do Pass.

Respectfully submitted, Holloway of 12th District, Chairman.

Mr. Loggins of the 53rd District, Chairman of the Committee on Public Utilities and Transportation, submitted the following report:
Mr. President:
Your Committee on Public Utilities and Transportation has had under con sideration the following bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 420. Do Pass. HB 395. Do Pass, as Amended.
Respectfully submitted, Loggins of 53rd District, Chairman.

The following bill of the House was taken up for the purpose of consider ing House action thereto:
HB 48. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens: A bill to make and provide appropriations for the fiscal year beginning July 1, 1963 and the fiscal year beginning July 1, 1964 and ending June 30, 1965; to make and provide such appropriations for the opera tion of the State Government; and for other purposes.
Senator Gillis of the 20th moved that the Senate insist on its position in amending HB 48, and that a Committee of Conference be appointed.
The motion prevailed, and the president appointed as a Committee of Con ference on the part of the Senate the following:
Senators Pannell of the 54th, Carlton of the 21st and Gillis of the 20th.
The following resolution of the Senate was taken up for the purpose of considering a House amendment thereto:

WEDNESDAY, MARCH 13, 1963

893

SR 24. By Senator Pannell of the 54th:
A resolution creating the Election Laws Study Committee; and for other purposes.

The House amendment was as follows:
Committee on Special Judiciary moves to amend SR 24:
by adding a new sentence to the sixth paragraph of said Resolu tion as follows: "In addition to the members so named, the Secretary of State and the Attorney General shall serve as ex officio members of said Committee.", so that after amendment, said paragraph shall read as follows:
"NOW, THEREFORE, be it resolved by the General As sembly of Georgia that there is hereby created the "Election Laws Study Committee" to be composed of three members of the House of Representatives, to be appointed by the Speaker; two members of the Senate, to be appointed by the President; and four members from the State at large, to be named by the Gov ernor. The members of the Committee who are to be named shall be so named within thirty days after the approval of this resolution by the Governor or after it otherwise becomes law. In addition to the members so named, the Secretary of State and the Attorney General shall serve as ex officio members of said Committee."
By changing the period at the end of the first sentence of the next to the last paragraph to a comma and adding the following: "except that the Secretary of State and the Attorney General shall receive no additional compensation, but shall receive actual and neces sary expenses relating to their services on the Committee.", so that when so amended said first sentence shall read as follows:
"The members of the Committee shall receive compensation, per diem expenses, and allowances authorized for members of in terim legislative committees, except that the Secretary of State and the Attorney General shall receive no additional compensa tion, but shall receive actual and necessary expenses relating to their services on the Committee."
By adding between the first and second sentences of the next to the last paragraph the following:
"The Committee shall be authorized to meet for a total of 20 days. However, upon request of the Governor and the approval of the Speaker of the House and the President of the Senate, such additional time as will allow the Committee to complete the purposes of this Resolution shall be authorized."

894

JOURNAL OF THE SENATE,

Senator Pannell of the 54th moved that the Senate agree to the House amendment to SR 24.

On the motion, the ayes were 33 nays 0, and the House amendment was agreed to.

The following local, uncontested bills and resolutions, favorably reported by the committees, were read the third time, and put upon their passage:

SB 158. By Senators Hunt of the 26th and Phillips of the 27th:
A bill to amend the charter of the City of Macon contained in an act approved August 3, 1927 (Ga. Laws 1927, p. 1283), as heretofore amended, changed or re-eneacted, by adding definite provisions provid ing for sick and annual leave credits for members of the fire and police departments of said city; 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 159. By Senator Miller of the 50th:
A bill to amend an act reincorporating the Town of Young Harris as the City of Young Harris, approved March 17, 1960 (Ga. Laws 1960, p. 2523), so as to change the number of council 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 33, nays 0.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 13, 1963

895

SB 122. By Senators Maclntyre of the 40th, Brewer of the 39th, Johnson of the 38th, Coggin of the 35th, Wesberry of the 37th, Brown of the 34th and Salome of the 36th:
A bill to amend an act establishing a new charter for the City of Roswell, approved February 9, 1950 (Ga. Laws 1950, p. 2178), as amended, so as to change the corporate limits of said city; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were, 33 nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 170. By Messrs. Richardson, Shea and Funk of Chatham:
A bill to amend the original act creating the Municipal Court of Savannah, so as to increase the civil jurisdiction of said court; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 362. By Messrs. Tucker and Clark of Catoosa: A bill to repeal an act providing for a clerical assistant to the sheriff of Catoosa County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

896

JOURNAL OF THE SENATE,

HB 396. By Messrs. Rutland, Mackay and Harris of DeKalb:
A bill to create and establish in DeKalb County, districts from which the members of the County Board of Education shall be elected; and for other purposes.

The report 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 470. By Messrs. Harris, Mackay and Rutland of DeKalb:
A bill to amend an act to provide for the examination for qualified electricians 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.

HB 514. By Mr. Moore of Polk:
A bill to abolish the office of county treasurer in counties having a population of not less than 25,250 and not more than 28,250; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 13, 1963

897

HB 437. By Mr. Scarborough of Crawford:
A bill to place the clerk of the Superior Court of Crawford County on a salary in lieu of the fee system of compensation; and for other purposes.

The Committee on County and Municipal Governments offered the follow ing amendment:
Amend HB 437 by adding to the end of Section 1 a new paragraph to read as follows:
"The Clerk shall have the right to employ a Deputy Clerk and such other employees as he deems necessary in the office of the Clerk of the Superior Court of Crawford County. Provided, however, that the salaries of such Deputy Clerk or other additional employees shall be paid out of the compensation herein provided for the Clerk of the Superior Court of Crawford County."
By adding to the title immediately following the word and figure "compensation"; the words and figures "to authorize a Deputy Clerk and additional employees providing they be compensated out of the salary set for the Clerk;".

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 461. By Mr. Warren of Wayne: A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Wayne County; and for other purposes.
The Committee on County and Municipal Governments offered the follow ing amendment:
Amend HB 461 by striking from section 1 the figures and words "$25 per month" and the words and figures "$25.00 per month", and sub stituting in lieu thereof the figures and words "$50.00 per month".

898

JOURNAL OF THE SENATE,

On the adoption of the amendment, the ayes were 29, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 29, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 467. By Mr. Rhodes of Baker:
A bill to place the clerks of the superior court and the ordinaries of certain counties on a salary in lieu of the fee system of compensation; and for other purposes.

The Committee on County and Municipal Governments offered the follow ing amendment:
Amend HB 467 by adding in the title before the words "to repeal con flicting laws;" the words "to provide for a referendum;".
By adding a new Section to be known as Section 5 to read as follows:
"Section 5. Not less than 15 nor more than 20 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 any such County to issue the call for an election for the purpose of submitting this Act to the voters of such County for approval or rejection. The Ordinary shall set the date of such election for a day not less than 20 nor more than 30 days after the date of the issuance of the call. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of such county. The ballot shall have written or printed thereon the words:
"For approval of the Act placing the Clerk of the Superior Court and Ordinary on a salary in lieu of fees.
"Against approval of the Act placing the Clerk of the Su perior Court and Ordinary on a salary in lieu of fees."
All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the

WEDNESDAY, MARCH 13, 1963

899

Act shall vote against approval. If one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by such 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.

By renumbering present Section 5 of said bill as Section 6.

On the adoption of the amendment, the ayes were 29, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 468. By Mr. Rhodes of Baker:
A bill to repeal an act to provide for compensation of persons hold ing office of tax collector in certain counties; and for other purposes.

The Committee on County and Municipal Governments offered the follow ing amendment:
Amend HB 468 by adding in the title before the words "to repeal conflicting laws;" the words "to provide for a referendum".
By adding a new Section to be known as Section 3 to read as follows:
"Section 3. Not less than 15 nor more than 20 days after the date of the approval of this Act by the Governor, or after it other wise becomes law, it shall be the duty of the Ordinary of any such county to issue the call for an election for the purpose of submit ting this Act to the voters of such County for approval or rejection. The Ordinary shall set the date of such election for a day not

900

JOURNAL OF THE SENATE,

less than 20 nor more than 30 days after the date of the issuance of the call. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of such county. The ballot shall have written or printed thereon the words:

"For approval of the Act changing the compensation of the tax collector and tax receiver.

"Against approval of the Act changing the compensation of the tax collector and tax receiver."

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 one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by such 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.

By renumbering present Section 3 of said bill as Section 4.

On the adoption of the amendment, the ayes were 29, nays 0, and the Amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 478. By Messrs. Matthews and Newton of Colquitt: A bill to amend an act creating a small claims court in certain counties, so as to prescribe qualifications for judges of said court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, MARCH 13, 1963

901

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 553. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act incorporating the City of Riverdale, so as to provide and define wards; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

The bill, having received the requisite constitutional majority, was passed.

HB 584. By Mr. Bell of Richmond:
A bill to amend an act to change from the fee to the salary system in counties having a population of 135,000, so as to change the com-' pensation of the clerk, sheriff and other 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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 520. By Mr. Dixon of Ware:
A bill to create a Board of Commissioners of Roads and Revenues of Ware County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 41, nays 0.

902

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

HB 531. By Mr. Tucker of Burke:
A bill to amend an act to provide a maximum salary for the Coroner of Burke County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 551. By Messrs. Duncan and Waldrop of Carroll:
A bill to create the Carrollton 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 522. By Mr. Jones of Lumpkin: A bill to repeal an act entitled "An act to provide for the eligibility of members of the County Board of Education of Lumpkin 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.

WEDNESDAY, MARCH 13, 1963

903

HB 524. By Mr, Floyd of Chattooga:
A bill to amend an act incorporating the Town of Menlo, so as to change the name to the City of Menlo; and for other purposes.

The report 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 526. By Mr. Clark of Catoosa:
A bill to amend an act creating a Board of Utilities Commissioners for Catoosa County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 529. By Messrs. Flournoy, Teague and Wilson of Cobb:
A bill to amend an act creating a new charter for the City of Smyrna, in order to change one of the punishments authorized from said char ter from $100.00 to $300.00; and for other purposes.

The Committee on County and Municipal Governments offered the follow ing amendment:
Amend HB 529 by striking therefrom the words "one hundred dollars to three hundred dollars" and also by striking Section 1 therefrom and substituting in lieu thereof the following to be known as Section 1.
"SECTION 1
An Act creating a new Charter for the City of Smyrna, approved August 27, 1931 (Ga. Laws 1931, p. 955) as amended, by all Acts amendatory thereof, is hereby amended by deleting the words "one

904

JOURNAL OF THE SENATE,

hundred dollars" in the third sentence of Section 35 of the Charter of the City of Smyrna, as amended, and by adding thereto the following language so that when amended said sentence in Section 35 of said Charter shall read as follows:

"Said court shall have the power to punish violations of this Char ter, or of any ordinance of said city, by a fine not to exceed two hundred dollars, by imprisonment in the city jail not to exceed ninety days, or by work on the streets, sidewalks, or public works of said city of Smyrna, not to exceed thirty days, or by one or more or all of these punishments, as the recorder may in his discretion see fit to impose; provided, however, that all violations of city ordinances for which the defendant shall be entitled to a trial by jury upon being bound over to a higher court shall be punished by a fine not to exceed three hundred dollars, by imprisonment in the city jail not to exceed 90 days or work on the streets, sidewalks or public works of the city not to exceed 30 days or by one or more or all of these punishments as the recorder may in his discretion see fit to impose in the event the defendant voluntarily waives trial by jury and is found guilty by the city recorder upon a trial in said recorder's court. The fines imposed under this section may be collected by execution against the defendant and against his property."

On the adoption of the amendment, the ayes were 29, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
'HB 532. By Mr. Bowen of Randolph: A bill to amend an act incorporating the Town of Shellman in Ran dolph County, so as to change the millage rate limit upon all property subject to levy by the mayor and city councilmen; and for other pur poses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.

WEDNESDAY, MARCH 13, 1963

905

The bill, having received the requisite constitutional majority, was passed.

HB 534. By Messrs. Pickard, Dicus and Jones of Muscogee:
A bill to authorize the City of Columbus and Muscogee County to ap propriate and pay into the Health Fund of the County Board of Health all or any part of said budget as to the Commission of the City of Columbus and the Board of Commissioners of Roads and Revenues of Muscogee County is deemed meet and proper; and for other purposes.

_ The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 29, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 536. By Mr. Parker of Screven:
A bill to amend an act incorporating and granting a new charter to 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 29, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 537. By Mr. Overby of Hall:
A bill to amend an act providing for the appointment and salary of a judge and solicitor for the City Court of Hall 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.

906

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

HB 538. By Messrs. Overby and Williams of Hall:
A bill to amend the charter of the Town of Clermont; and for other purposes.

The report 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 539. By Mr. White of Mclntosh:
A bill to amend an act relating to the compensation of the Ordinary 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 540. 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; and for other purposes.

The report 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.

WEDNESDAY, MARCH 13, 1963

907

HB 543. By Mr. Stuckey of Dodge:
A bill to amend an act creating the office of Tax Commissioner of Dodge County, so as to change the allowable compensation of the Clerk of the Tax 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 544. By Mr. Stuckey of Dodge:
A bill to amend an act creating the office of Commissioner of Roads and Revenues in Dodge County, so as to change the allowable com pensation of the clerk of the Commissioner of Roads and Revenues; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 29, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 545. By Mr. Stuckey of Dodge:
A bill to amend an act placing the ordinary of Dodge County on a salary basis, so as to change the allowable compensation of the clerk to the ordinary; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

908

JOURNAL OF THE SENATE,

HB 546. By Mr. Stuckey of Dodge:
A bill to amend an act to change from the fee system to the salary system in the County of Dodge the sheriff and clerk of the superior court, so as to change the total compensation to be paid an additional deputy sheriff, the deputy clerk and to assistant or assistants in the office of the 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 29, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 549. By Messrs. Harris, Rutland and Mackay of DeKalb:
A bill to amend an act creating and establishing the Civil and Criminal Court of DeKalb County, so as to provide for the salaries of the judges, solicitor and clerk and marshal; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 29, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 550. By Messrs. Harris, Rutland and Mackay of DeKalb:
A bill to provide for a charter for the City of North Atlanta, in the County of DeKalb; and for other purposes.

The report 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, MARCH 13, 1963

909

HB 553. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act incorporating the City of Riverdale, so as to provide and define wards; and for other purposes.

The report 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 552. By Messrs. Waldrop and Duncan of Carroll:
A bill to create the Mt. Zion, Turkey Creek and Flint Corner De velopment 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 33, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 554. By Messrs. Wilson, Teague and Flournoy of Cobb:
A bill to amend an act providing a new charter for the City of Marietta, pertaining to the Marietta Board of Education; so as to change the corporate limits of said city; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed.

910

JOURNAL OF THE SENATE,

HB 566. By Messrs. Isenberg and Killian of Glynn:
A bill to amend an act incorporating the City of Brunswick, so as to provide that the Commissioner at Large elected shall be designated as mayor; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 558. By Messrs. Killian and Isenberg of Glynn:
A bill to provide for the appointment and terms of office of mem bers of the Brunswick and Glynn 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 29, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 560. By Mr. Anderson of Pulaski:
A bill to amend an act creating a new charter for the City of Hawkinsville relating to the Board of Commissioners; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 32, nays 0.

The bill, having received the requisite constitutional majority, was passed

WEDNESDAY, MARCH 13, 1963

911

HB 571. By Mr. Lambert of Morgan:
A bill to create the Morgan County Development Authority; to provide the powers, authority, funds, purposes connected therewith; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 574. By Messrs. Caldwell and Echols of Upson:
A bill creating and establishing a Small Claims Court in counties having a population of not less than 23,500 and not more than 24,100; and for other purposes.

The report 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 575. By Mr. Black of Webster: A bill to amend an act creating the office of Commissioners of Roads and Revenues for the County of Webster, so as to change the com pensation and traveling expenses for the sheriff; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

912

JOURNAL OF THE SENATE,

HB 579. By Messrs. Towson and Knight of Laurens:
A bill to amend an act incorporating the Town of Dudley, so as 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 580. By Messrs. Lee and Blalock of Clayton:
A bill to create a court to be known as the "Civil and Criminal Court of Clayton County"; to provide for election, qualification, oath, duties, powers and terms of the judge and solicitor; and for other purposes.

The report 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 582. By Mr. Bowen of Dawson:
A bill to amend an act creating the office of County Tax Commissioner of Dawson County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 13, 1963

913

HB 583. By Mr. Bowen of Dawson:
A bill to amend an act creating the office of Commissioner of Roads and Revenues of the County of Dawson; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB B84. By Mr. Bell of Richmond:
A bill to amend an act to change from the fee to the salary system in counties having a population of 135,000, so as to change the compen sation of the clerk, sheriff and other 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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 586. By Messrs. Fleming, Hull and Bell of Richmond:
A bill to amend an act to establish the City Court of Richmond County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

914

JOURNAL OF THE SENATE,

HB 587. By Messrs. Fleming, Hull and Bell of Richmond:
A bill to provide for the appointment of an assistant solicitor-general, an investigator and three stenographer-clerks in the office of the so licitor-general in counties having a population of not less than 135,000 and not more than 140,000; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 588. By Messrs. Fleming, Bell and Hull of Richmond:
A bill to provide for the appointment of an assistant solicitor of the city court of all counties having a population between 135,000 and 140,000; 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 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 591. By Messrs. Fleming, Hull and Bell of Richmond:
A bill to amend an act relating to coroner's fees, in certain counties; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 40, nays 0.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 13, 1963

915

HB 592. By Messrs. Fleming, Hull and Bell of Richmond:
A bill to provide for the appointment of a clerk for the office of the solicitor of the City Court in counties having a population of not less than 135,000 and not more than 140,000; 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 593. By Messrs. Fleming, Bell and Hull of Richmond:
A bill to amend an act to establish the City Court of Richmond County; to provide for appointment of a judge and solicitor; and for other purposes.

The report 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 598. By Mr. Coker of Turner:
A bill to further define and prescribe the purposes, powers and duties of the Turner 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

916

JOURNAL OF THE SENATE,

HB 585. By Messrs. Bell, Hull and Fleming of Richmond:
A bill to amend an act to abolish justice courts and establish a Mu nicipal Court for the City of Augusta; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 585 (1) By inserting immediately after the word "annum" and before the word "the" in line 5 of Section 9 the following, to-wit:
"and the Clerk of said Court shall have the power, by and with the consent of said Judge of said Court, to appoint a Chief Deputy Clerk and"
(2) By striking Section 38 in its entirety and inserting in lieu thereof a new Section 38 to read as follows:
"Section 38. This Act shall become effective on July 1, 1963."
(3) By striking Section 2 on page 23 in its entirety.
(4) By renumbering Section 3 on page 23 by striking the figure "3" and inserting in lieu thereof the figure "42".

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 pass ed as amended.

HB 479. By Mr. Wilkes of Cook:
A bill creating a Small Claims Court in counties having a popula tion of not less than 11,775 and not more than 11,944; and for other purposes.

The Committee on County and Municipal Governments offered the follow ing amendment:

WEDNESDAY, MARCH 13, 1963

917

Amend HB 479 by striking from the second sentence of subsection (a) of Section 6 the word "shall" and inserting in lieu thereof the word "may" and by striking therefrom the word "only".

By strilking from subsection (f) of Section 6 the word "fifteen" and inserting in lieu thereof the words "thirty-five".

By striking from the first sentence of Section 8 the word "what" and inserting in lieu thereof the word "the".

By striking from the first sentence of Section 16 the word "hav ing" and substituting in lieu thereof the words "shall have".

By striking subsection (b) of Section 18 and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) The judge of a small claims court shall have power to impose fines of not more than ten dollars or imprisonment for not longer than twenty-four hours on any person guilty of contempt of court, such fines to be paid into the county treasury or county depository for county purposes."

By inserting immediately before the last paragraph of Section 20 the words "Section 21" so as to make that paragraph the first para graph of Section 21.

On the adoption of the amendment, the ayes were 34, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 519. By Mr. Twitty of Mitchell:
A bill to amend an act to incorporate the City of Sale City, in the County of Mitchell; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

918

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 521. By Mr. Jones of Lumpkin:
A bill to amend an act consolidating the offices of tax receiver and tax collector of Lumpkin 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 29, 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:

HB 517. By Messrs. Ware of Troup, Conner of Jeff Davis, Lee of Clayton and many others:
A bill to amend an act pertaining to the salaries of the chairman and members of the Public Service Commission, so as to provide a salary of $19,600 per annum, in lieu of a salary of $16,000 per annum; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 41, nays 4.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 13, 1963

919

SR 86. By Senator Spinks of the 9th:

A RESOLUTION

Proposing an amendment to the Constitution, so as to provide for the filling of the office of Governor and Lieutenant Governor; to pro vide for succession to the office of the Governor in the event the Gov ernor-Elect dies, and for the filling of vacancies in the office of the Governor and Lieutenant Governor; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article V, Section I, Paragraph VII of the Constitution, relating to the office of Lieutenant Governor, is hereby amended by adding at the end thereof the following:

"In the event of the death of the person who has been elected Governor prior to the time that such person qualifies as Governor, the person who was elected Lieutenant Governor shall, upon qualify ing as Lieutenant Governor, exercise the executive power and re ceive the compensation of the Governor until the next general elec tion of the members of the General Assembly, at which time a successor to the Governor shall be elected for the unexpired term.

"In the event of the death of the Governor-Elect and the Lieutenant Governor-Elect prior to the time they assume office, the Speaker of the House of Representatives elected at the first regular Session of the General Assembly, convened on or after January first following the election of the Governor and Lieu tenant Governor, shall exercise the executive power and receive the compensation of the Governor until the election and quali fication of a Governor at a special election, which shall be held within sixty (60) days from the date on which the Speaker of the House of Representatives shall assume the executive power.

"In the event of a vacancy in the office of Lieutenant Gov ernor, a special election shall be called by the Governor, or person exercising the executive power, to be held within sixty (60) days after the vacancy occurs, to fill the unexpired term; provided, however, that in the event such unexpired term is for less than six (6) months, the President pro-tern of the Senate shall assume the duties of the Lieutenant Governor."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

920

JOURNAL OF 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 provide for the succession to the office of the Governor in the event the Governor-Elect dies, and for the filling of vacancies in the office of the Governor and Lieutenant Governor.

"Against ratification of amendment to the Constitution so as to provide for the succession to the office of the Governor in the event the Governor-Elect dies, and for the filling of vacancies in the office of the Governor and Lieutenant Governor."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per 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 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:

Brewer Broun Brown Byrd Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gillis Gordy Hall Harrison Heard

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Knox Lee Loggins Maclntyre Miller Moore Nobel Oliver Owens Pannell

Pelham Phillips Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Webb Wesberry Yancey Young Zorn

WEDNESDAY, MARCH 13, 1963

921

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

On the adoption of the resolution, the ayes were 48, nays 0.

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

SB 150. By Senator Wesberry of the 37th:
A bill to provide for the temporary licensing of certain Cubans to practice the various professions, businesses and trades coming under the jurisdiction of the various Examining Boards of the Joint-Secre tary; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 12, nays 24.

The bill, having failed to receive the requisite constitutional majority, was lost.

SB 143. By Senator Hunt of the 26th:
A bill to provide that a fallout shelter be included in future construction of public buildings; and for other purposes.

Senator Pannell of the 54th offered the following amendment:
Amend SB 143 by adding at the end of the word "feasible", at the end of section 2, the following sentence:
"Public buildings herein referred to with a proposed maximum occupancy of less than 100 people would be exempted from cer tificate of feasibility and excluded from the provisions of this Act."

On the adoption of the amendment, the ayes were 36, nays 0, and the amendment was adopted.

922

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, the ayes were 35, nays 3.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Pannell of the 54th asked unanimous consent that SB 143 be immediately transmitted to the House.

The consent was granted.

The following resolutions were read and adopted:

SR 101. By Senators Wesberry of the 37th., and Maclntyre of the 40th: A resolution designating the State Choir; and for other purposes.

SR 103. By Senator Pannell of the 54th:
A resolution extending appreciation to the young telephone ladies for their courteous and efficient service to the members of the Senate.

SR 104. By Senator Plunkett of the 30th:
A resolution requesting and urging the Board of Regents to take immediate and necessary action to formulate plans for the erection of a Gymnasium and Physical Education Building on the campus of the West Georgia College; and for other purposes.

SR 105. By Senators Johnson of the 42nd., and Conway of the 41st:
A resolution relating to the calculation of local financial ability of the Counties of Fulton and DeKalb; and for other purposes.

SR 108. By Kidd of the 25th:
A resolution petitioning Congress to reject harmful changes in timber taxation; and for other purposes.

WEDNESDAY, MARCH 13, 1963

923

HR 240. By Messrs. Melton and Bolton of Spalding:
A resolution urging the Budget Bureau to make available funds to repair Elijah Clarke's Grave; and for other purposes.

HR 247. By Messrs. Meeks of Union, Smith of Forsyth and others:
A resolution commending the patrolmen serving the Capitol area, in particular Raymond M. Black; and for other purposes.

HR 251. By Mr. Hill of Meriwether:
A resolution relating to a World's Fair in Atlanta, Georgia; and for other purposes.

The following bill of the Senate was taken up for the purpose of con sidering the report of a Committee of Conference thereto:

SB 12. By Senators Pannell of the 54th, Jackson of the 16th and Miller of the 50th:
A bill to create the North Georgia Mountains Authority as a body corporate and politic and an instrumentality and public corporation of the State; to provide for its organization and the appointment of its members; and for other purposes.

The report of the Committee of Conference was as follows:
Mr. President: Mr. Speaker:
Your Conference Committee on Senate Bill No. 12 recommends that the House and Senate recede from their respective positions on Senate Bill No. 12 and that they adopt the attached substitute bill.
Respectfully submitted, Pannell of 54th Miller of 50th Bynum of Rabun Bolton of Spalding Owens of 49th Andrews of Stephens

924

JOURNAL OF THE SENATE,

AN ACT
To create the North Georgia Mountains Commission as a com mission and agency of the State Government; to provide for a short title; to define certain terms connected therewith; to provide for its organization, the appointment and terms of office of its mem bers; to provide for and authorize the purchase or lease or rental of real property, or any interest therein, and the acquisition by purchase or otherwise of personal property necessary or incidental for the con struction, equipping, maintenance, operation, and promotion of recre ational areas and facilities, tourist and accommodation facilities and services; to confer powers, duties, and authority upon the Commission; to provide for an advisory committee to assist the Commission; to authorize the Commission to enter into contracts and agreements, in cluding, but not limited to, lease rental agreements and other leases; to provide the procedure connected with the foregoing; to repeal con flicting laws; and for other purposes.
WHEREAS, there is an urgent need to encourage the development and utilization of the vast forestry, geological, and other natural re sources of the North Georgia Mountains Area for the enjoyment of all its citizens; and

WHEREAS, it is desirable and to the best interest of Georgia and its citizens to develop and promote the North Georgia Mountains Area for tourism and recreational purposes in order to realize maximum over all economic and social development of Georgia;

NOW, THEREFORE, BE IT ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
Section 1. This Act may be cited as the "North Georgia Moun tains Commission Act".
Section 2. There is hereby created a commission and agency of the State Government, to be known as the North Georgia Mountains Commission. The Commission shall occupy the same position in re lation to the State Government as do other agencies, departments, boards, bureaus, and commissions of the State Government.

Section 3. The following words and terms shall have the meaning hereinafter indicated unless the context shall clearly indicate another or different meaning or intent.

(a) Commission--North Georgia Mountains Commission created by this Act.

(b) Project--The acquisition, construction, equipping, maintaining, operating, managing and promotion of recreation and accommodation and tourist facilities and services, including, but not limited to, recrea tion centers, outdoor recreation experiment stations, playgrounds, parks, swimming and wading pools, lakes, golf courses, tennis courts, athletic

WEDNESDAY, MARCH 13, 1963

925

fields and courts, club houses, gymnasiums, museums, convention halls, pageants, auditoriums, stables, restaurants, hotels, motels, hunting and fishing preserves, historic sites and attractions, and any other facilities or services that the Commission may desire to undertake including the related buildings and the usual and convenient facilities appertaining to any undertakings and any extensions or improvements of any facilities, and the acquisition of necessary property therefor, all as may be re lated to the development of recreational and tourist accommodations and facilities as the Commission may deem necessary, convenient, or desirable.

(c) Cost of Project--The cost of acquisition of properties or the use thereof, both real and personal, and the cost of construction, erec tion, establishment, maintenance, repair, and remodeling of tourist and recreational facilities, and the cost of financing charges, interest in curred on construction and one year after completion of construction, as well as the cost of engineering, architectural, administrative, fiscal and legal expenses and services as well as the cost of plans and specifi cations, as well as expenses incurred for feasibility or practicability studies.

(d) Governing Authority of a County--The Commissioner of Roads and Revenues, Board of Commissioners of Roads and Revenues, Ordinary, or other person or body of persons at the time entrusted by law with the administration of the fiscal affairs of any county.

(e) Governing Authority of a City or Municipality--The Council, Board of Aldermen, or other person or body of persons at the time entrusted by law with the administration of the fiscal affairs of any municipal corporation.

(f) Georgia Mountains Association--A voluntary Association of individuals interested in the development of the North Georgia Moun tains Area.

(g) Georgia Mountains Planning and Development Commission-- A legally constituted area planning and development commission estab lished under the Georgia General Planning Enabling Act of 1957, as provided in Chapter 69-12, Ga. Code Annotated (Ga. Laws 1957, p. 420, et seq.), approved March 13, 1957, as amended, presently consisting of the Counties of Banks, Dawson, Forsyth, Franklin, Habersham, Hall, Lumpkin, Rabun, Stephens, Towns, Union, and White, and any additional Georgia Counties that may be added thereto under said Planning Enab ling Act.

Section 4. The Commission shall consist of nine members as follows: the Attorney General, the State Auditor, the Director of the Department of Industry and Trade, the President of the Georgia Mountains Associ ation, the Chairman of the Georgia Mountains Planning and Development Commission, all ex-officio; two members to be appointed by the Gover nor, with due consideration for area wide representation, from the North Georgia Mountains Area as a whole, and two members to be appointed by the Governor as representatives of the State at Large. The first four

926

JOURNAL OF THE SENATE,

appointed members shall be appointed for terms of two, three, four, and six years, as designated by the Governor, and all appointments thereafter shall be made for terms of six years.

The ex-officio members shall enter immediately upon their duties as of the approval date of this Act without further act or formality and the persons appointed by the Governor shall enter upon their duties as soon as practicable after their appointments.

The Commission shall elect one of its members as Chairman and another member as Vice-Chairman, both of whom shall be elected for a term of one year to serve beginning on the day of their election and continuing until their successors are elected and qualified annually there after in the same manner.

Any five members of the Commission eligible to vote constitutes a quorum. A majority of the quorum is empowered to exercise all rights and perform all duties of the Commission and no vacancy on the Com mission shall impair the right of the quorum to act. In the event of a vacancy on the Commission through death, resignation, or otherwise, this vacancy is to be filled for the unexpired term of the member ceasing to be a member of such Commission for any reason, in the same manner that the member originally became a member of the Commission.

The members of the Commission shall serve without compensation except for reimbursement for actual expenses incurred in the perform ance of their duties. No member of the Commission may serve as an employee of said Commission. Employees of the Commission shall receive reasonable compensation for their services to be determined by the members of the Commission.

Section 5. An Advisory Committee is hereby created to advise and assist the Commission in the performance of its duties and functions.

The Advisory Committee shall consist of the Chairman and Board of Directors of the Georgia Mountains Planning and Development Com mission and two persons from each county located within the territorial jurisdiction of the North Georgia Mountains Commission that is not a member of the Georgia Mountains Planning and Development Commis sion. The two persons on the Advisory Committee from counties not included in the membership of the Georgia Mountains Planning and Development Commission are to be designated as follows: one person shall be appointed by the governing authority of the county, and one person shall be appointed by the governing authority of the respective county seat municipality. The Director of the State Parks Department shall also be a member of the Advisory Committee.

The Advisory Committee shall meet with the Commission from time to time upon reasonable notice at the request of the Commission, and the Commission shall likewise meet with the members of the Advisory Committee at the request of the Advisory Committee upon reasonable notice.

WEDNESDAY, MARCH 13, 1963

927

The functions of the Advisory Committee shall be advisory only except as otherwise provided.

The Commission shall make and be responsible for all decisions and the taking of all actions authorized herein. However, in making decisions and taking actions, any recommendation of the Advisory Committee shall be carefully considered: Provided, however, that the Advisory Committee is hereby empowered to certify its approval of the site or sites within the North Georgia Mountains Area upon which the Commission proposes to construct, maintain, or operate any particular project under the pro visions of this Act and no such project shall be undertaken failing such certification of the site for the proposed project, and provided further that such certification having been requested by the Commission and no action taken by said Advisory Committee within sixty days from date of request for certification, such site shall be deemed to be certified as suitable for the purposes of the proposed project or projects. Said Ad visory Committee shall operate under the procedural rules and regula tions of the Georgia Mountains Planning and Development Commission.

Section 6. The Commission shall have:

The power to acquire by purchase, lease, or otherwise, and to hold, lease, use and operate any personal property of every kind and character for its purposes.

The Commission may exercise the right of eminent domain.

When a project is proposed for construction on any lands owned by any of the counties named in Section 7 of this Act or in any municipality or municipalities incorporated therein, the governing authority or body of the county or of any of the municipalities, is authorized to convey title to such lands to the State through the Commission if the property is unserviceable or cannot be advantageously or beneficially used by the county or municipalities so conveying: Provided, however, payment shall be to the credit of the general funds of the county or municipalities and it shall be the reasonable value of the lands as may be determined by three appraisers to be agreed upon by the governing authority or body of such county or municipality and the Chairman of the Commission.

The power to make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which the Commission causes to be erected or acquired.

The power to enter into contracts, leases or agreements with any and all political subdivisions, public bodies, public authorities, instrumen talities of the State, departments, institutions, or agencies of the State upon such terms and for such purposes as the Commission deems advis able. Provided, however, that said contracts, leases, or agreements are such as are authorized to be entered into by such political subdivisions, public bodies, public authorities, instrumentalities of the State, depart ments, institutions, or agencies of the States.

928

JOURNAL OF THE SENATE,

The power to accept loans and grants, either or both, of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality thereof, may impose.

The power to act as agent for the United States of America, or any agency, department, corporation or instrumentality thereof, in any man ner within the purposes or powers of the Commission.

The power to do any and all other acts and things in this Act authorized or required to be done, whether or not included in the general powers in this Section mentioned.

The power to receive gifts, donations, or contributions from any person, firm, or corporation.

The power to hold, use, administer, and expend such sum or sums as may hereafter be received as income, as gifts, or appropriated by authority of the General Assembly for any of the purposes of this Commission.

The power to prescribe and fix and collect rates, fees, tolls and charges, and to revise from time to time and collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or sub-leases of the Commission's lands or facilities.

The Commission shall have the express power to enter into con tracts, lease and sublease agreements, dealing with real or personal prop erty, with the Director of the Department of Industry and Trade and the Director of the Department of State Parks, Historic Sites and Monu ments.

The power to do all things necessary, convenient or incidental to carry out the intent, purpose and powers expressed and given in this Act.

Section 7. The North Georgia Mountains Commission shall exercise all of its powers and engage in the business of its projects within the territorial boundaries and jurisdiction of Banks, Catoosa, Chattooga, Cherokee, Dade, Dawson, Fannin, Forsyth, Franklin, Gilmer, Gwinnett, Habersham, Hall, Lumpkin, Murray, Pickens, Rabun, Stephens, Towns, Union, Walker, White, and Whitfield Counties and such other counties as may from time to time be admitted by resolution of the Commission.

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Pannell of the 54th moved that the Senate adopt the report of the Committee on Conference on SB 12.

WEDNESDAY, MARCH 13, 1963

929

On the motion, the ayes were 29, nays 0, and the report of the Committee of I Conference was adopted.
5

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 resolution of the House, to-wit:

HB 364. By Messrs. Grover of Bibb, Wilkes of Cook and Hill of Meriwether:
A bill to provide that no State official shall be compensated for any ex-officio office unless the act creating such office specifically provides for payment; and for other purposes.

HB 650. By Messrs. Hale of Dade, Mackay and Harris of DeKalb:
A bill to amend an act regulating professional fund raising; and for other purposes.

HR 191. By Messrs. Walker and Gibbons of Lowndes, Killian and Isenberg of Glynn:
A resolution relating to the placing of a marker on Jekyll Island in honor of former Governor M. E. Thompson; and for other purposes.

The House has adopted the Conference Committee report on the following Resolution of the Senate:

SR 9. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th:
A resolution creating the "Governor's Commission for Efficiency and Improvement in Government"; to provide for the appointment of mem bers thereof; and for other purposes.

The House has adopted the Conference Committee report on the following bills of the House and Senate:

930

JOURNAL OF THE SENATE,

HB 40. By Messrs. Bell of Richmond and Mackay of DeKalb:
A bill to amend an act relating to criminal procedure, so as to provide that persons under the age of 17 years shall not be sentenced to death for the commission of a capital crime; and for other purposes.

SB 5. By Senators Pannell of the 54th, Jackson of the 16th, and Smalley of the 28th:
A bill to authorize the State and all its agencies, within constitutional limitations, to make certain funds available in certain instances, etc. to counties and municipalities who consolidate and merge; and for other purposes.

SB 98. By Senator Fuqua of the 22nd:
A bill to amend Code Title 109A, known as the Uniform Commercial Code, so as to define a public sale; and for other purposes.

The House has adopted the Number Two Conference Committee report on the following bill of the House:

HB 132. By Messrs. Matthews of Clarke, Killian of Glynn, Melton of Spalding:
A bill to amend an act relating to obscene pictures and language; and for other purposes.

The House has disagreed to the Senate amendment to the following bill of the House:

HB 48. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, and many others: A bill to make and provide appropriations for the fiscal years 1963 and 1964; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House:
HB 7. By Messrs. Smith of Grady, Bolton of Spalding, Steis of Harris and others: A bill to authorize State loans or grants to counties to aid in property valuation and equalization program; to remove certain millage limits; and for other purposes.

WEDNESDAY, MARCH 13, 1963

931

HB 5. By Messrs. Smith of Grady, Bolton of Spalding, Rutland and Mackay of DeKalb and many others:
A bill creating the Georgia Department for Youth; and for other pur poses.

The following resolution of the Senate was taken up for the purpose of con sidering the report of a Committee of Conference thereto:

SR 9. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th:
A resoluiton creating the "Governor's Commission for Efficiency and Improvement in Government"; to provide for the appointment of mem bers thereof; and for other purposes.

The report of the Committee of Conference was as follows:
Mr. President:
Mr. Speaker:
The Conference Committee on Senate Resolution No. 9 recommends that the Senate recede from its position and that th'e floor amendment by Mr. Bolton of Spalding be adopted.
That the Senate recede from its position and that the floor amend ment by Mr. Wilkes of Cook to Section 2 of said resolution be adopted.
That the House recede from its position and the floor amendment by Mr. Wilkes of Cook to Section 5 of said resolution not be adopted but that said resolution be amended by striking Section 5 and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. The Commission shall be assigned suitable quarters in the State Capital, and is hereby authorized to expend such funds as may be required for its operation. The Commission shall not spend more than a total of $25,000.00 prior to July 1, 1963. The Commission shall not expend more than a total of $150,000.00 in the biennium beginning July 1, 1963, and ending June 30, 1965, and shall not expend more than $115,000.00 in the period beginning July 1, 1965, and ending on the date the Commission stands abolished, as provided in Section 1 of this resolution. The Commission is author ized to contract with consultant, research and professional firms,

932

JOURNAL OF THE SENATE,

institutions or agencies for the making of studies and the gathering of such information as the Commission may deem necessary."

Respectfully submitted, Bolton of Spalding Busbee of Dougherty Hale of Bade Pannell of the 54th Gayner of the 5th Webb of the llth

Senator Pannell of the 54th moved that the Senate adopt the report of the Committee of Conference on SR 9.

On the motion, the ayes were 35, nays 0, and the report of the Committee of Conference was adopted.

The following bill of the Senate was taken up for the purpose of considering the report of a Committee of Conference thereto:

SB 98. By Senator Puqua of the 22nd:
A bill to amend Code Title 109A, known as the "Uniform Commercial Code," so as to define a public sale; and for other purposes.

The report of the Committee of Conference was as follows:
Mr. President: Mr. Speaker:
Your Committee in Conference on SB 98, having met, begs to submit the following report.
1. That Code Section 109A-9-310, which is quoted in Section 29 of said bill, both as originally set forth in said section of said bill and as amended by the House, be rejected and that a new Code Section 109A9-310 be quoted in Section 29 of said bill to read as follows:
"109A-9-310. Priority of Certain Liens, Claims and Rights.
"Except as is expressly provided to the contrary elsewhere in

WEDNESDAY, MARCH 13, 1963

933

this Article, a perfected security interest in collateral takes priority over each and all of the liens, claims and rights described in Geor gia Code Sections 67-1701 and 113-1508, provided, nevertheless, that (a) year's support to the family, duly set apart in the collateral prior to the perfection of the subject security interest, takes priority over such security interest, (b) a lien for property taxes duly assessed upon the subject collateral, either prior or subsequent to the perfection of the subject security interest, takes priority over security interest, (c) a lien for all other State taxes takes priority over such security interest, except where such security interest is perfected by filing a financing statement relative thereto prior to such time as the execution for such State taxes shall be entered on the execution docket in the place and in the manner provided by law; provided nevertheless that, with respect to priority rights between such tax liens and security interests where under this Article the same are perfected other than by filing a financing statement, the same shall be determined as provided by law prior to the effective date of this Act; and (d) a lien for other unpaid taxes or a duly rendered judgment of a court having jurisdiction takes priority over such perfected security interest, but only if execution or notice of such lien or judgment is duly recorded in the place designated by statute applicable thereto, and if record thereof is made prior to the perfection of the subject security interest, and if the subject security interest is not a purchase money security interest."

2. That the House amendment to Code Section 109A-10-101, which is quoted in Section 37 of said bill, changing the date of August 1, 1963, to the date of January 1, 1964, be agreed to.

3. That in all other respects said SB 98 as passed by the Senate be agreed to.

For the Senate: Ben P. Johnson of the 42nd Phillips of the 27th Smalley of the 28th

For the House: Towson of Laurens Mackey of DeKalb Clarke of Monroe

Senator Johnson of the 42nd moved that the Senate adopt the report of the Committee of Conference to SB 98.

On the motion, the ayes were 28, nays 0, and the report of the Committee of Conference was adopted.

934

JOURNAL OF THE SENATE,

HB 419. By Messrs. Groover, House and Laite of Bibb:
A bill to create the Middle Georgia Coliseum 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 35, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SR 91. By Senators Wesberry of the 37th, Brown of the 34th, Maclntyre of the 40th, Salome of the 36th, Brewer of the 39th, Coggin of the 35th and Johnson of the 38th:
A resolution providing for a commission to study primary, general and special elections held in Pulton County, Georgia, for the nomination and election of public officials; 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.

Senator Wesberry of the 37th asked unanimous consent that SR 91 be imme diately transmitted to the House.

The consent was granted.

SR 93. By Senator Loggins of the 53rd:
A resolution creating a Rapid Transit Study Committee; and for other purposes.

WEDNESDAY, MARCH 13, 1963

935

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 52. By Messrs. Pickard of Muscogee, Fowler of Douglas, Hale of Dade, Dunean of Carroll and Underwood of Montgomery:
A bill to amend an act establishing a State Board of Registration for Professional Engineers and Surveyors, so as to change the per diem expense allowance 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 36, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 88. By Messrs. Pickard of Muscogee, Walker of Lowndes and Brantley of Candler: A bill to provide certain minimum standards prerequisite to the original incorporation of a municipality; and for other purposes.
The report 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 2.
The bill, having received the requisite constitutional majority, was passed.
HB 202. By Messrs. Lane of Bulloch, Paris of Barrow, Simpson of Wheeler, Brantley of Candler and others: A bill to create a Georgia Recreation Commission; and for other pur poses.

936

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 32, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 205. By Mr. Shea of Chatham:
A bill to provide that counties, municipalities, county boards of educa tion, and other political subdivisions of the State which are authorized to levy taxes shall have the power to issue notes of indebtedness; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 36, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 530. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act so as to provide for the appointment of two Deputy State Revenue Commissioners; to provide for the offices of Deputy State Revenue 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 29, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 184. By Messrs. Mitchell and Smith of Whitfield:
A bill to amend an act establishing an Employee's Retirement System, so as to change the number of times a current member may have

WEDNESDAY, MARCH 13, 1963

937

previously withdrawn his contributions and still reestablish member ship; and for other purposes.

The report 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 555. By Messrs. Andrews of Stephens, Bynum of Rabun, Groover of Bibb, Clark of Catoosa, Tucker of Catoosa, Story of Gwinnett, Lane of Bulloch and others:
A bill to authorize special agents and enforcement officers of the Rev enue Department in the enforcement of the liquor, wine and beer laws of this State to bear arms, make arrests, execute warrants for arrest, investigate and execute search warrants, and seize and hold articles of contraband; and for other purposes.

The report 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 95. By Senator Hall of the 52nd:
A resolution relating to the Penal and Correctional Affairs Committee; and for other purposes.

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

On the adoption of the resolution, the ayes were 33, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

938

JOURNAL OF THE SENATE,

HB 139. By Mr. Story of Gwinnett:
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 clarify the provisions qualifying for credit for prior service; and for other purposes.

The report 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 175. By Mr. Fowler of Douglas:
A bill to amend an act relating to the regulation, licensing and practice of dentists and dental hygienists, so as to provide for additional qualifi cations; and for other purposes.

The report 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 105. By Messrs. Parker of Screven, Lane of Bulloch, Kirkland of Tattnall, Newton of Jenkins, Davis of Heard and others:
A bill to amend an act relating to persons able to contract marriages; and for other purposes.

The report 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.

WEDNESDAY, MARCH 13, 1963

939

Senator Pannell of the 54th asked unanimous consent that the House be | requested to return the following resolution to the Senate:

SR 73. By Senators Pannell of the 54th, Jackson of the 16th and Gayner of the 5th:
A resolution abolishing the Government Operations Committee of the Senate; and for other purposes.

The consent was granted.

SB 164. By Senators Gillis of the 20th and Pannell of the 54th:
A bill establishing retirement system to change the minimum floor for teachers retired prior to July 1, 1961; and for other purposes.

The report 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 1.

The bill, having received the requisite constitutional majority, was passed.

Senator Pannell of the 54th asked unanimous consent that SB 164 be immedi ately transmitted to the House.

The consent was granted.

HB 176. By Mr. Fowler of Douglas:
A bill to amend an act relating to dental hygienists so as to provide that fees paid to the Board of Dental Examiners shall not be refundable; and for other purposes.

The report 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.

940

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

HB 497. By Messrs. Matthews and Bedgood of Clarke:
A bill to provide that no municipality shall employ law enforcement officers and provide for their compensation through commissions or percentages derived from fines and forfeitures arising out of arrests; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 37, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 352. By Mr. Lee of Clinch:
A bill to provide that it shall be unlawful to own, possess, use, maintain or operate pinball machines or similar machines in the State of Georgia; and for other purposes.

The Committee on Rules offered the following amendment:
Amend HB 352 by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. Nothing herein shall be construed to require any political subdivision to license or permit the operation of the devices defined in Section 1 (b). Provided, however, that any political sub division shall have the power in its discretion to issue and charge for licenses for the purpose of operating the devices defined in Section 1 (b)."
By striking from Subsection (b) of Section 2 of the words "one-half mile of any school ground or college or university campus in this State" and inserting in lieu thereof the words "1000 feet of any grammar or high school ground or campus."
By adding a new section to be known as Section 5 and to read as follows:
"Section 5. All laws and parts of laws in conflict with this Act are hereby repealed."

WEDNESDAY, MARCH 13, 1963

941

On the adoption of the amendment, the ayes were 39, nays 0, and the amendP ment was adopted.
I

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 22, nays 16.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Pannell of the 54th gave notice that at the proper time he would move to reconsider HB 352.

HB 177. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act providing for grants to certain incorporated municipalities, so as to provide for the purposes for which grants may be made; and for other purposes.

Senator Smalley of the 28th offered the following amendment: Amend HB 117 by adding a new section to be numbered 10 as fol
lows:
"All laws and parts of laws in conflict herewith are hereby repealed."

On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, 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,

942

JOURNAL OF THE SENATE,

HB 421. By Messrs. Mackay of DeKalb, Payton of Coweta, Dicus of Muscogee and Harris of DeKalb:
A bill to establish and constitute the Study Commission on Industrial Loan Business; and for other purposes.

The Committee on Industry and Labor offered the following amendment:
Amend HB 421 by striking the word and figure "five (5)" in line 2 of Section 2, and inserting in lieu thereof the word and figure "three (3)."

On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 37, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Smith of the 18th asked unanimous consent that HB 421 be immedi ately transmitted to the House.
The consent was granted.
HB 420. By Messrs. Bolton of Spalding, Rutland of DeKalb, Smith of Grady and others: A bill to provide for a board to inquire into abuses and irregularities in the enforcement of traffic laws and ordinances; and for other purposes.
The report 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.

WEDNESDAY, MARCH 13, 1963

943

HB 266. By Messrs. Smith of Grady, Bolton of Spalding and others:
A bill to amend an act relating to the jurisdiction of the United States over certain lands in this State, so as to provide that the State shall no longer retain its civil and criminal jurisdiction over persons and citizens of any territory used for penal 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 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 158. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding and others:
A resolution to authorize the Department of Public Health to write off uncollectable 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 35, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 431. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb and others:
A bill to amend an act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act," so as to exempt the sale of tangible personal property to the University System of Georgia; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 32, nays 1.

944

JOURNAL OP THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

HR 138. By Mr. Branch of Tift:
A resolution creating the "State Leased Properties Study Committee"; and for other purposes.

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

On the adoption of the resolution, the ayes were 36, nays 0.

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

HR 137. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A resolution creating the "Constitution Revision Commission"; 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.

HB 518. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to provide that it shall be unlawful to display any sign or emblem purporting to convey the impression that the owner thereof is a member of the Governor's Staff without written permission; and for other purposes.

The Committee on Rules offered the following substitute:

WEDNESDAY, MARCH 13, 1963

945

A BILL TO BE ENTITLED

An Act to provide that it shall be unlawful to display any sign, tag or emblem conveying or intending to convey the impression that the owner thereof is a member of the Governor's staff unless such owner holds a valid and current written commission appointing such owner to said staff, which commission shall be signed by the Governor of the State of Georgia; to prohibit the unauthorized sale of such signs or emblems; to provide criminal penalties for the violation 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 to display in any manner upon any motor vehicle any sign, tag or emblem of any fashion conveying or intending to convey the impression that the owner thereof is a member of the Governor's staff unless such owner holds a valid and current written commission appointing such owner to said staff, which commis sion shall be signed by the Governor of the State of Georgia.

Section 2. It shall be unlawful to sell, offer to sell or purchase any such sign, tag or emblem without the purchaser to the seller the written commission referred to in Section 1 hereinabove.

Section 3. Any person, firm, or corporation violating the provisions of this Act shall be guilty of a misdemeanor and for each conviction thereof shall be punished by imprisonment for not more than six months and by a fine of not more than $500.00, or either of them.

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 34, 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.

946

JOURNAL OF THE SENATE,

HR 159. By Messrs. Rutland of DeKalb, Bolton of Spalding, Andrews of Stephens, Busbee of Dougherty and Smith of Grady:
A resolution authorizing the Governor on behalf of the State of Georgia to convey to the Colonial Pipeline Company, a Delaware Corporation, an easement for right-of-way purposes for petroleum products pipeline in Ployd and Barrow 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 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 163. By Messrs. Smith of Habersham, Coker and Pope of Cherokee, Milford of Franklin, Lewis of Wilkinson, Woodward of Butts, and others.
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the General Assembly to provide for loans or scholarships to dental students; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VIII, Section I, Paragraph II of the Constitution is hereby amended by adding a new Subparagraph 9 to read as follows:
"9. There shall be a State Dental Education Board of Georgia, which is authorized to grant loans or scholarships to students who are citizens and residents of the State of Georgia, and who desire to become dentists. The appointment of members of said State Dental Education Board of Georgia, their qualifications, terms of office, powers, duties, functions and authority; and the provision of funds to carry out the purposes provided for herein shall be as enacted and appropriated by the General Assembly 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

WEDNESDAY, MARCH 13, 1963

947

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 for loans or scholarships to dental students.

"Against ratification of amendment to the Constitution so as to authorize the General Assembly to provide for loans or scholar ships to dental students."

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 Committee on Rules offered the following substitute:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the General Assembly to provide for loans or scholarships to dental students; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding a new Subparagraph 9 to read as follows:
"9. There shall be a State Dental Education Board of Georgia, which is authorized to grant loans or scholarships to students who are citizens and residents of the State of Georgia, and who desire to become dentists. The appointment of members of said State Den tal Education Board of Georgia, their qualifications, terms of office, powers, duties, functions and authority; and the provision of funds

948

JOURNAL OF THE SENATE,

to carry out the purposes provided for herein shall be as enacted and appropriated by the General Assembly 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 pro vided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"For ratification of amendment to the Constitution so as to authorize the General Assembly to provide for loans or scholarships to dental students.

"Against ratification of amendment to the Constitution so as to authorize the General Assembly to provide for loans or scholarships to dental students."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratifications of the amendment, and all per 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 result to the Governor, who shall issue his proclamation thereon.

On the adoption of the substitute, the ayes were 42, nays 0, and the substitute was adopted.

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

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

WEDNESDAY, MARCH 13, 1963

949

Those voting in the affirmative were Senators:

Brewer Broun Carlton Carter Coggin Conway Downing Pincher Gayner Gillis Hall Harrison Heard Holloway

Hunt Jackson Johnson of 42nd Kendrick Knox Lee Loggins Miller Moore McKinnon Noble Owens Pannell Pelham

Pennington Plunkett Rowan Scott Searcey Smalley Smith Spinks Tribble Webb Wesberry Yancey Young Zorn

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 constitution two-thirds majority, was adopted by substitute.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has rejected the report of the Conference Committee on the follow ing bill of the House, and requests that a second Conference Committee be ap pointed by the Senate to confer with a like Committee on the part of the House:
HB 132. By Messrs. Matthews of Clarke, Killian of Glynn, Melton of Spalding and many others: A bill relating to obscene pictures and language; and for other purposes.

The speaker has appointed as a second Committee of Conference on the part of the House, the following members:

Messrs. Killian of Glynn, Melton of Spalding, Steis of Harris.

950

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, to-wit:

The following resolution of the Senate was returned to the Senate since no House action was required:

SR 73. By Senators Pannell of the 54th, Jackson of the 16th and Gayner of the 5th:
A resolution abolishing the Government Operations Committee of the Senate; and for other purposes.

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative 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 chair man, to report the same back to the Senate as correct and ready for transmission to the House of Representatives:
SB 99. SB 122. SB 143. SB 155. SB 158. SB 159. SB 164. SR 86. SR 91.
Respectfully submitted, Pelham of the 10th District, Chairman.

The following bill was taken up for the purpose of considering the report of a Committee of Conference thereto:

WEDNESDAY, MARCH 13, 1963

951

HB 48. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1963 and the fiscal year beginning July 1, 1964 and ending June 30, 1965; to make and provide such appropriations for the operation of the State Government; and for other purposes.

The report of the Committee of Conference was as follows:
Mr. President: Mr. Speaker
The Conference Committee on House Bill No. 48 recommends as follows:
That the House recede from its position on all Senate Amendments to said Bill except to Sections 16F, 18, 20 and 48.
The Conference Committee recommends that the Senate recede from its position on the aforesaid sections and that both the House and Senate adopt the following amendments to said sections:
(1) By striking from Subsection F. of Section 16 from House Bill 48
as passed by the House of Representatives, the following: "1963-64 -- $200,000.00"
and inserting in lieu thereof the following: "1963-64 -- $300,000.00"
(2) By striking from Section 18 the figures "$184,512,500.00" and "$195,100,000.00," and inserting in lieu thereof the figures "$184,175,500.00" and "$194,601,000.00," respectively.
By adding after the above figures the following:
"Provided that the Governor's recommendation for grants for in-service training contained in the Budget Report shall be reduced in the amount of $190,000.00 for 1963-64 and in the amount of $327,000.00 for 1964-65, for the purpose of providing funds to supplement payment to the older retired school teachers under Section 20 of this Act.
"Provided further, that the Governor's recommendation for tuition-students (non-sectarian) contained in the Budget Report shall be reduced in the amount of $147,000.00 for the fiscal year 1963-64 and $172,000.00 for the fiscal year 1964-65."

952

JOURNAL OP THE SENATE,

(3) By striking the figures "$14,500,000.00" and "$15,700,000.00" in Section 20, and inserting in lieu thereof the figures "$14,847,000.00" and "$16,047,000.00," respectively, and adding after such figures the follow ing:

"Provided, however, that out of the above amounts, the sum of $347,000, which is the amount of the increase over the Governor's recommendation as contained in the Budget Report, for each of the two fiscal years covered by this Act, shall be expended for the pur pose of supplementing regular payments to those teachers who retired prior to July 1, 1961, by implementing to the full extent of such funds, the provisions of an Act approved March 6, 1962 (Ga. Laws 1962, p. 666), which Act provided for a minimum floor for such teacher."

(4) By striking from the Senate Amendment to Section 48 of said Bill, the figures "$465,398,092.90" and "$488,791,352.90," and inserting in lieu thereof the figures "$465,448,092.90" and "$488,741,352.90," re spectively, so that the totals for the two fiscal years as contained in House Bill 48 shall read as follows:
"Total Appropriations 1963-64 -- $465,448,092.90
"Total Appropriations 1964-65 -- $488,741,352.90"

The Conference Committee further recommends that Section 4 of said Bill be amended by striking the figures "$1,500,000.00" as it appears in two places in said Section and inserting in lieu thereof the figure "$1,530,000.00 in each of said places.
Respectfully submitted, D. B. Blalock Wilson Wilkes George D. Busbee Hugh M. Gills Milton A. Carlton Charles A. Pannell

Senator Gillis of the 20th moved that the Senate adopt the report of the Committee of Conference on HB 48.

On the adoption of the report of the Committee of Conference, Senator Gillis of the 20th called for the ayes and nays, and the call was sustained.

WEDNESDAY, MARCH 13, 1963

953

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun Carlton Carter Coggin Conway Downing Fincher Gayner Gillis Harrison Heard Holloway Hunt Jackson

Johnson of 42nd Johnson of 38th Kendrick Knox Lee Loggins Miller Moore McKinnon Noble Owens Pannell Pelham Pennington

Plunkett Rowan Scott Searcey Smalley Smith Spinks Tribble Webb Wesberry Yancey Young Zorn

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

On the adoption of the report of the Committee of Conference, the ayes were 41, nays 0, and the report of the Committee of Conference was adopted.

Senator Pannell of the 54th moved that the Senate do now adjourn until tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.

954

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Thursday, March 14, 1963.

The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president.

Scripture reading was offered by Reverend Jack D. Smith, pastor First Methodist Church, Sylvania, Georgia.

Prayer was offered by Father Joseph Beltran, assistant pastor Sts. Peter and Paul Catholic Church, Decatur, Georgia.

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

Senator Pannell of the 54th moved that the Senate reconsider its action of yesterday on the following bill of the House:

HB 352. By Mr. Lee of Clinch:
A bill to provide that it shall be unlawful to own, possess, use, main tain or operate pinball machines or similar machines in the State of Georgia; and for other purposes.

The motion prevailed, and HB 352 was placed on the calendar.

Senator Pelham of the 10th reported that the journal of yesterday's pro ceedings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Pannell of the 54th 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.

THURSDAY, MARCH 14, 1963

955

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 168. By Senator Wesberry of the 37th:
A bill to provide for the voting for presidential and vice-presidential electors by those residents in this State who move their residence else where; and for other purposes.
Referred to Committee on Rules.

SB 169. By Senator Wesberry of the 37th:
A bill to provide for the safety of life, limb and property and to promote the public welfare; to define elevators, dumbwaiters, escala tors, and their hoistways, and to provide for the registration, inspection, submission of plans and construction thereof; and for other purposes.
Referred to Committee on Health and Welfare.

SB 170. By Senator Maclntyre of the 40th:
A bill establishing a Minimum Foundation Program of Education in Georgia, so as to make the determination of teacher-pupil ratios per missive with the State Department of Education; to repeal conflicting laws; and for other purposes.
Referred to Committee on Educational Matters.

SB 171. By Senator Johnson of the 42nd:
A bill to declare a public interest in setting apart one particular day of the week as a day of common observance for purposes beneficial to the public welfare; and for other purposes.
Referred to Committee on Rules.

The following bills and resolutions were read the second time:

956

JOURNAL OF THE SENATE,

SB 166. By Senator Rowan of the 8th:
A bill to provide that it shall be unlawful for one person to commit another to a state mental institution under certain circumstances and for certain purposes; and for other purposes.

SB 167. By Senator Wesberry of the 37th:
A bill to provide for additional investments for municipalities, coun ties, school districts, and other local governmental units; and for other purposes.

SR 102. By Senators Miller of the 50th., Ellis of the 44th., and Moore of the 31st:
A resolution creating an interim study committee; and for other pur poses.

SR 106. By Senator Johnson of the 38th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that any increase in assessed valuation resulting from mandatory improvements to mul tiple dwellings to eliminate unhealthy conditions shall be exempt from taxation.

SR 107. By Senators Pannell of the 54th., Carlton of the 21st., and Gillis of the 20th:
A resolution proposing an amendment to the Constitution so as to provide for four (4) year terms for members of the House of Rep resentatives; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

HB 42. By Mr. Duncan of Carroll:
A bill to amend an act relating to the State Highway Board, so as to change the procedures relating to expenditures of funds by the High way Board; and for other purposes.

HB 140. By Mr. Melton of Spalding:
A bill making provisions for coverage of certain officers and employees of political subdivisions of the State under the old-age and survivors insurance provisions of Title II of the Federal Social Security Act; and for other purposes.

THURSDAY, MARCH 14, 1963

957

HB 224. By Messrs. Payton of Coweta, Overby of Hall, Bagby of Paulding, Cullens of Bartow and McGarity of Henry:
A bill to amend an Act relating to a health insurance plan for State employees, so as to authorize Solicitors-General to participate; and for other purposes.

HB 348. By Messrs. Twitty of Mitchell, Underwood of Montgomery, Stalnaker of Houston, Bell of Richmond, Towson of Laurens and many others:
A bill to provide for a Sheriff's Retirement Fund of Georgia; and for other purposes.

HB 397. By Mr. Killian of Glynn:
A bill to amend an Act completely and exhaustively revision, super seding and consolidating the laws relating to the State Game and Pish Commission; and for other purposes.

HB 443. By Mr. Ware of Troup:
A bill to amend an Act creating the Georgia ports Authority, so as to define the word "project", to remove the limitation on the issuance of bonds; and for other purposes.
HB 449. By Messrs. Bagby of Paulding, Cullen of Bartow, Jordan of Ployd, Ployd of Chattooga, Groover of Bibb, Matthews of Colquitt and many others:
A bill to provide that it shall be unlawful for any person who has been convicted for the violation of any of the criminal laws against the United States of America and who has served two separate sentences in any penal institution, custodial institution or other places of confinement to serve in any municipal, county, district or State elec tion or primary; and for other purposes.
HB 452. By Mr. Story of Gwinnett:
A bill to amend an Act entitled the "Juvenile Courts Act", so as to change the age limit for making public the name or picture of any child under the jurisdiction of the court; and for other purposes.
HB 487. By Mr. Clarke of Monroe:
A bill to amend an Act relating to entering and stealing from hunt, railroad car, tent, booth or temporary building, so as to redefine the punishment for the offense, to add to the offense the breaking or forcibly opening any coin operated or vending machine; and for other purposes.

958

JOURNAL OF THE SENATE,

HB 528. By Mr. Towson of Laurens:
A bill to amend an Act relating to the filing of corporation income tax returns, so as to repeal the provisions relative to the filing of a single income tax return by two or more corporations; and for other purposes.

HB 561. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Mackay of DeKalb.
A bill to amend an Act known as "The Welfare Reorganization Act of 1937", so as to rename the State Department of Public Welfare as the State Department of Family and Children Services; and for other purposes.

HB 562. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Mackay of DeKalb:
A bill to amend an Act known as "The Welfare Reorganization Act of 1937", so as to abolish existing county boards of family and children services and provide for appointment of new county boards of family and children services in each county; and for other purposes.

HB 581. By Mr. Cullens of Bartow:
A bill to amend an Act creating the Peace Officers' Annunity and Benefit Fund, so as to redefine the term "peace officer"; and for other purposes.

HB 589. By Messrs. Fleming, Hull and Bell of Richmond:
A bill to amend an Act to provide an additional compensation for the solicitor-general of certain judicial circuits; and for other purposes.

HB 590. By Messrs. Fleming, Hull and Bell of Richmond:
A bill to provide for the appointment of two Superior Court Reporters to Judges of Superior Courts in counties having a population of 115,000 to 140,000; and for other purposes.

HB 594. By Mr. Smith of Grady:
A bill to create the Claims Advisory Board; to provide for the com position, powers, duties and authority of said Board; and for other purposes.

THURSDAY, MARCH 14, 1963

959

HB 609. By Mr. McGarity of Henry:
A bill to amend an Act providing for the compensation of the county Treasurer in counties having a population of not less than 17,600 and not more than 17,700; and for other purposes.

HB 631. By Mr. Dean of Bacon:
A bill creating a new charter for the City of Alma; to extend cor porate limits; and for other purposes.

HB 633. By Messrs. Shea, Richardson and Funk of Chatham:
A bill to amend an Act incorporating the Town of Pooler; and for other purposes.

HB 634. By Mr. McGarity of Henry:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Henry County; and for other purposes.

HB 635. By Mr. McGarity of Henry:
A bill to amend an Act to consolidate, amend and codify the various Acts incorporating the Town of McDonough, so as to change the corporate limits; and for other purposes.

HB 636. By Messrs. Towson of Laurens and Spikes of Troup:
A bill to amend an Act relating to the imposition, rate of computation and exemptions from income taxation, so as to clarify the taxation of distributions from a trust exempted from taxation by Code Section 92-3105; and for other purposes.

HB 638. By Messrs. Floyd of Chattooga, Bedgood of Clarke, Richardson and Shea of Chatham, Groover of Bibb, Horton of Putnam and others:
A bill to amend an Act relating to the reports of the State Auditor, so as to provide the time for furnishing copies to the members of the General Assembly; and for other purposes.

HB 639. By Mr. McGarity of Henry:
A bill to amend an Act incorporating the Town of McDonough, now the City of McDonough; and for other purposes.

960

JOURNAL OF THE SENATE,

HB 642. By Mr. Smith of Forsyth:
A bill to create a one member Commissioner of Roads and Revenues for Forsyth County; and for other purposes.

HB 643. By Mr. Smith of Habersham:
A bill to amend an Act creating a Board of Commissioners for Haber sham County, so as to change the compensation of the Board of Com missioners; and for other purposes.

HB 644. By Mr. Smith of Habersham:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector into the Office of Tax Commissioner, so as to change the compensation of the Clerk; and for other purposes.

HB 646. By Messrs. Overby and Williams of Hall: A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Hall County, so as to authorize the Board to adopt traffic ordinances or regulations to control traffic upon the streets; and for other purposes.
HB 647. By Messrs. Overby and Williams of Hall: A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Hall County, so as to authorize the Board to con struct roads; and for other purposes.
HB 648. By Messrs. Overby and Williams of Hall: A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Hall County, so as to authorize the Board to con struct sanitary sewers within any unincorporated areas of the county under certain conditions; and for other purposes.
HB 649. By Messrs. Fleming, Hull and Bell of Richmond: A bill to amend the charter of the City of Augusta, so as to create a Board of Civil Service Commission for the City Council of Augusta; and for other purposes.
HB 652. By Mr. Sangster of Dooly: A bill to amend an Act to abolish the office of Tax Collector and Tax Receiver in the County of Dooly, so as to change the salary of the Tax Commissioner; and for other purposes.

THURSDAY, MARCH 14, 1963

961

HB 657. By Mr. Busbee of Dougherty:
A bill to authorize the leasing of State Parks and related facilities to public authorities; and for other purposes.

HB 659. By Messrs. Teague and Plournoy of Cobb:
A bill to authorize the establishment of a Civil Service System in Cobb County for persons receiving salary and wages in whole or in part from Cobb County; and for other purposes.

HR 88. By Messrs. Chandler of Baldwin, Lambert of Morgan, and others:
A resolution urging the Georgia Congressional Delegation in the United States Congress to lend their support and efforts toward relieving and eliminating the problems of the Federal Aid Agencies; and for other purposes.

HR 185. By Messrs. Shea, Punk and Richardson of Chatham:
A resolution creating the Forward Georgia Commission; and for other purposes.

HR 218. By Mi. Wilson of Brantley:
A resolution to compensate Mr. Gabriel Strickland; and for other purposes.

HR 219. By Messrs. Mackay, Rutland and Harris of DeKalk:
A resolution to create for the citizens of DeKalb County a Commission to study the administration of justice; and for other purposes.

HB 680. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an act which provides for the retirement and payment of pensions to the judges and solicitor general of the Criminal Court of Fulton County, the judges of the Civil Court of Fulton County and the judge of the Juvenile Court of Fulton County; and for other purposes.

HB 683. By Messrs. Mackay, Rutland and Harris of DeKalb:
A bill to amend an act revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County and creating a chairman and Board of Commissioners of Roads and Revenues for DeKalb County, so as to delete the provision excepting businesses.

962

JOURNAL OF THE SENATE,

subject to regulation by the State Public Service Commission from the assessment of license fees; and for other purposes.

HR 234. By Messrs. Mackay, Harris and Rutland of DeKalb: A resolution to create for the citizens of DeKalb County a commission to study public safety; and for other purposes.
HB 409. By Messrs. Williams of Hall, Ware of Troup and Twitty of Mitchell: A bill to amend an act relating to motor vehicles licenses, so as to provide for fees to be paid for licensing of motor vehicles for part of a year; and for other purposes.
HB 422. By Mr. Mackay of DeKalb: A bill to amend an act relating to the imposition, rate of computation and exemptions from income taxation, so as to provide that certain distributions of corporate stock qualifying under Section 1111 of the Federal Internal Revenue Code of 1954 shall not be deemed a dividend; and for other purposes.
HB 495. By Messrs. Keyton and Russell of Thomas, Reaves of Brooks, Hall of Lee, Carr of Washington, Hull and Fleming of Richmond and many others: A bill to amend an act providing a uniform method of fixing, limiting and restricting salaries, allowances and travel expenses of certain state officials, so as to change the compensation of the State Supervisor of Purchases; and for other purposes.
HR 125. By Mr. Deen of Polk: A resolution to compensate Lewis Moore; and for other purposes.
HR 155. By Mr. Newton of Colquitt: A resolution to compensate Homer C. Patterson; and for other purposes.
HR 156. By Messrs. Teague, Flournoy and Wilson of Cobb: A resolution to compensate Marietta Transport Company; and other purposes.
HR 181. By Mr. Todd of Glascock: A resolution to compensate Mrs. H. S. Swint; and for other purposes.

THURSDAY, MARCH 14, 1963

963

HR 192. By Mr. Bagby of Paulding:

S

A resolution compensating Ralph R. Callenback, Jr.; and for other

I

purposes.

HR 196. By Mr. Bagby of Paulding: A resolution to compensate Dan W. Forsyth; and for other purposes.

HR 216. By Messrs. Matthews and Newton of Colquitt:
A resolution compensating Mr. George Rufus Hanna; and for other purposes.

HB 364. By Messrs. Groover of Bibb, Wilkes of Cook and Hill of Meriwether:
A bill to provide that no State official shall be compensated for any ex-officio office unless the Act creating such office specifically provides for payment; and for other purposes.

HB 650. By Messrs. Hale of Dade, Mackay and Harris of DeKalb:
A bill to amend an act regulating professional fund raising; and for other purposes.

HR 86. By Messrs. Chandler of Baldwin, Lambert of Morgan, Shuman of Bryan, Lane of Bulloch and Melton of Spalding:
A resolution requesting the several State Retirement Systems to invest their funds in home loans of property located in Georgia; and for other purposes.

HR 57. By Mr. Causby of Gordon:
A resolution authorizing an appropriation to the Georgia Historical Commission for the purpose of developing as a tourist attraction the old capitol of the Cherokee Indian Nation located near New Echota in Gordon County; and for other purposes.

HR 87. By Messrs. Chandler of Baldwin, Lambert of Morgan, Shuman of Bryan, Lane of Bulloch and Melton of Spalding:
A resolution encouraging the home building industry to organize and create its own insuring and regulating agency; and for other purposes.

964

JOURNAL OF THE SENATE,

HR 191. By Messrs. Walker and Gibbons of Lowndes, Killian and Isenberg of Glynn:
A resolution relating to the placing of a marker on Jekyll Island in honor of former Governor M. E. Thompson; and for other purposes.

HR 215. By Mr. Causby of Gordon:
A resolution authorizing the conveyance of two lots belonging to the State of Georgia to Gordon County; and for other purposes.

HB 548. By Messrs. Lee and Odom of Dougherty:
A bill to define collection agencies for the protection of the public; to provide for the filing of a bond by collection agencies; to exempt the provisions of this act from application to certain persons, firms and corporations; and for other purposes.

HB 576. By Mr. Matthews of Clarke:
A bill to amend an act establishing Juvenile Courts in certain counties; and for other purposes.

HB 613. By Messrs. Bolton of Spalding, Killian of Glynn, Fulford of Terrell, Ware of Troup, Wilkes of Cook, Groover of Bibb and others:
A bill to amend an act relating to the Game and Fish Commission, so as to provide for the trapping of rabbits; and for other purposes.

HB 622. By Messrs. Laite of Bibb, Towson of Laurens, Meeks of Union, Groover of Bibb, Chandler of Baldwin, Raulerson of Echols and others:
A bill to regulate the sale of firearms of less than fifteen inches in length by any person, so as to provide who shall be required to purchase a license; and for other purposes.

HR 145. By Mr. Murphy of Haralson:
A resolution to authorize conveyance of certain property in Buchanan, Georgia, Haralson County, to the Board of Education of Haralson Coun ty; and for other purposes.

HB 504. By Messrs. Bynum of Rabun, Overby of Hall, Paris of Barrow, Mc Donald of White, Barber of Jackson, Poole of Pickens and others:
A bill to amend an act providing for the maintenance of standards of sanitation for food service establishments, so as to provide that

THURSDAY, MARCH 14, 1963

965

non-profit schools and institutions serving family-style meals shall not be under any law regulating milk dispensing and for other purposes.

HB 632. By Mr. Brantley of Candler:
A bill to amend an act providing that the authorities of any municipal corporation shall not levy or collect any tax or license from a traveling salesman engaged in taking orders for the sale of goods where no delivery of goods is made at the time of taking such orders; and for other purposes.

HB 674. By Mr. Mixon of Irwin:
A bill to abolish the offices of tax receiver and tax collector of Irwin County; and for other purposes.

HB 675. By Messrs. House, Groover and Laite of Bibb:
A bill directing the City of Macon to close, vacate, abandon land and discontinue the use of a portion of the Old City Cemetery, located in and adjacent to Square 35, Old City, in the City of Macon, for cemetery purposes; and for other purposes.

HB 676. By Mr. Jones of Worth:
A bill to amend an act to create a new charter for the City of Sylvester; and for other purposes.

HB 677. By Messrs. Walker and Gibbons of Lowndes:
A bill to amend the charter of the City of Valdosta, relating to elec tions; and for other purposes.

HB 678. By Messrs. Walker and Gibbons of Lowndes:
A bill to amend an act establishing a system of public schools in the City of Valdosta; and for other purposes.

HB 679. By Mr. Roper of Greene:
A bill to create the Greene County Development Authority; and for other purposes.

966

JOURNAL OF THE SENATE,

HB 681. By Messrs. Mackay, Rutland and Harris of DeKalb:
A bill to authorize the solicitor-general of the Superior Court in cer tain counties to appoint certain investigators; and for other purposes.

HB 669. By Messrs. Harris, Rutland and Mackay of DeKalb: A bill to amend an act known as the Urban Redevelopment Law in counties having a population of 250,000 and not more than 500,000; 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 23. By Senator Loggins of the 53rd:
A bill to amend Sec. 68-502, Code of Ga. of 1933, so as to provide that term "motor Carrier"; and for other purposes.

SB 70. By Senator Gillis of the 20th:
A bill to amend Code Section 13-2024, relating to ownership of real estate by banks, so as to change the percentage that a bank may in vest in real and personal property; and for other purposes.

SB 68. By Senator Gillis of the 20th:
A bill to amend Code Section 13-9, relating to the incorporation of banks, so as to require that all the capital stock of every bank apply ing for a charter be paid in; and for other purposes.

SB 69. By Senator Gillis of the 20th:
A bill to amend Code Section 13-308, relating to the Superintendent of Banks' Office and residence, so as to provide that the Superin tendent's office shall not be open on Saturdays; and for other purposes.

SB 90. By Senators Loggins of the 53rd, Lee of the 47th, and others:
A bill to amend Sec. 68-510 of the Code of Georgia, redefining the powers of the Public Service Commission to fix fares, rates and

THURSDAY, MARCH 14, 1963

967

charges for transportation of passengers and property; and for other purposes.

SB 91. By Senators Loggins of the 53rd, Lee of the 47th and others:
A bill to amend Section 68-618 of the Code of Georgia of 1933 con cerning the regulation of "motor Common carriers"; and for other purposes.

SB 93. By Senators Loggins of the 53rd, Lee of the 47th and others.
A bill to amend Section 68-514 of the Code of Georgia of 1933 con cerning the regulation of "motor carriers", and for other purposes.

SB 106. By Senators Spinks of the 9th, and Rowan of the 8th:
A bill to amend Code Chap. 84-3 pertaining to architects, so as to provide credit to military personnel for satisfactory architectural ex perience gained while in military service, and for other purposes.

The House has agreed to the Senate amendments to the following bills of the House:

HB 437. By Mr. Scarborough of Crawford:
A bill to place the Clerk of the Superior Court of Crawford on a salary in lieu of the fee system of compensation, and for other pur poses.

HB 434. By Mr. Herndon of Appling:
A bill to establish the number or votes necessary for the Board of Education of Appling County to take official action, and for other purposes.

The House has agreed to the Senate substitute to the following bill of the House:

HB 174. By Mr. Simmons of Banks:
A bill to amend an act creating the Piedmont Judicial Circuit, so as to change the terms of court in the County of Banks, and for other purposes.

968

JOURNAL OF THE SENATE,

The House has passed as amended the following bills of the Senate:

SB 102. By Senator Carlton of the 21st:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that any person may stop and park a school bus on any road to discharge passengers, who are teachers students, or employees of a school; and for other purposes.

The House has passed by substitute the following resolution of the Senate:

SR 14. By Senators Gayner of the 5th, Pannell of the 54th, and Jackson of the 16th:
A resolution creating the Senate Committee on Economy, Reorganiza tion and Efficiency in State Government; and for other purposes.

The House has adopted the Conference Committee Report to the follow ing bill of the House:

HB 48. By Messrs. Smith of Grady, Bolton of Spalding, and others:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1963, and the fiscal year beginning July 1, 1964 and ending June 30, 1965; to make and provide such appropriations for the opera tion of the State Government; and for other purposes.

The House has adopted the following resolution of the House:

HR 258. By Mr. Laite of Bibb:
A resolution relative to the State Highway Department to use domestic materials in constructing and repairing roads and bridges; and for other purposes.

The House insists on its position on the following bill of the Senate and asked that a Committee of Conference be appointed.

SB 84. By Senator Pannell of the 54th:
A bill to provide an alternate method for furnishing of Survivors' Benefits for the eligible members of the Employees' Retirement System of Georgia; and for other purposes.

THURSDAY, MARCH 14, 1963

969

The House has passed as amended the following bill of the Senate:

SB 114. By Senator Kidd of the 25th:
A bill to establish and create the Civil and Criminal Court of Baldwin County, Georgia, in lieu of the County Court of Baldwin County; and for other purposes.

The following reports of committees were submitted, and read by the Secretary:

Mr. Holloway of the 12th 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 355. Do Pass. Respectfully submitted, Holloway of 12th District, Chairman.

Mr. Brown of the 34th 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 instruct ed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 629. Do Pass. HB 633. Do Pass. HB 635. Do Pass. HB 639. Do Pass. HB 642. Do Pass. HB 643. Do Pass, as Amended. HB 646. Do Pass, as Amended.

970

JOURNAL OF THE SENATE,

HB 647. Do Pass. HB 648. Do Pass. HB 652, Do Pass. HB 663. Do Pass. HB 667. Do Pass. HB 668. Do Pass. HB 669. Do Pass. HB 674. Do Pass. HB 675. Do Pass. HB 676. Do Pass. HB 679. Do Pass. HB 680. Do Pass. HB 681. Do Pass. HB 683. Do Pass. HR 219. Do Pass, as Amended. HR 234. Do Pass, as Amended.

Respectfully submitted, Brown of 34th District, Chairman.

Mr. Gillis of the 20th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the fol lowing resolutions of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HR 186. Do Pass. HR 173. Do Pass HR 169. Do Pass. HR 122. Do Pass. HR 110. Do Pass. HR 95. Do Pass. HR 49. Do Pass. HR 46. Do Pass.

THURSDAY, MARCH 14, 1963

971

HR 39. Do Pass. HR 190. Do Pass.

Respectfully submitted, Gillis of 20th District, Chairman.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted 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 495. Do Pass. HR 215. Do Pass. HB 364. Do Pass, as Amended. HR 166. Do Pass. HB 622. Do Pass. HR 120. Do Pass. HB 594. Do Pass, as Amended. HR 187. Do Pass. HB 348. Do Pass.
Respectfully submitted, Rowan of 8th District, Secretary.

Mr. Smalley of the 28th 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 has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 107. Do Pass, by Substitute. HB 135. Do Pass. HB 247. Do Pass, by Substitute.

972

JOURNAL OF THE SENATE,

HB 302. Do Pass. HB 492. Do Pass by Substitute. HB 444. Do Pass. HB 498. Do Pass. HB 500. Do Pass. HB 556. Do Pass. HB 557. Do Pass, as Amended. HB 576. Do Pass. HB 589. Do Pass. HB 625. Do Pass. HR 205. Do Pass.

Respectfully submitted, Smalley of 28th District, Chairman.

Mr. McKinnon of the 7th District, Secretary of the Committee on High ways, submitted the following report:
Mr. President:
Your Committee on Highways 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:
HB 42. Do Pass. Respectfully submitted, McKinnon of 7th District, Secretary.

Mr. Pennington of the 45th District, Chairman of the Committee on Agri culture and Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources has had under con sideration the following bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 435. Do Pass.

THURSDAY, MARCH 14, 1963

973

HB 512. Do Pass.

Respectfully submitted, Pennington of 45th District, Chairman.

Mr. Fuqua of the 22nd District, Chairman of the Committee on Banking & Finance, submitted the following report:
Mr. President:
Your Committee on Banking & 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 recommendations:
HB 398. Do Pass. Respectfully submitted, Fuqua of 22nd District, Chairman.

Mr. Carter of the 14th District, Secretary of the Committee on Educa tional Matters, submitted the following report:
Mr. President:
Your Committee on Educational Matters has had under consideration the following bills of the House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
HB 100. Do Pass. HB 527. Do Pass.
Respectfully submitted, Carter of 14th District, Secretary.

Mr. Brown of the 34th District, Chairman of the Committee on County and Municipal Government, submitted the following report:
Mr. President: Your Committee on County and Municipal Government has had under con-

974

JOURNAL OF THE SENATE,

sideration the following bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 590. Do Pass. HB 631. Do Pass. HB 649. Do Pass. HB 653. Do Pass. HB 654. Do Pass. HB 655. Do Pass. HB 656. Do Pass. HB 664. Do Pass. HB 665. Do Pass. HB 673. Do Pass. HB 677. Do Pass. HB 678. Do Pass. HB 682. Do Pass.
Respectfully submitted, Brown of 34th District, Chairman.

Mr. Brown of the 34th District, Chairman of the Committee on County and Municipal Government, submitted the following report:
Mr. President:
Your Committee on County and Municipal Government, 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 124. Do Pass. HB 456. Do Pass. HB 464. Do Pass. HB 469. Do Pass. HB 502. Do Pass. HB 569. Do Pass. HB 570. Do Pass. HB 603, Do Pass. HB 604. Do Pass.

THURSDAY, MARCH 14, 1963

975

HB 606. Do Pass. HB 607. Do Pass. HB 608. Do Pass. HB 609. Do Pass. HB 611. Do Pass. HB 614. Do Pass. HB 615. Do Pass. HB 616. Do Pass. HB 617. Do Pass. HB 618. Do Pass. HB 619. Do Pass. HB 620. Do Pass. HB 621. Do Pass. HB 624. Do Pass. HB 628. Do Pass.

Respectfully submitted, Brown of 34th District, Chairman.

The following general bills and resolutions, favorably reported by the committees, were read the third time, and put upon their passage:

HR 167. By Messrs. Odom and Lee of Dougherty:
A resolution to amend a resolution providing that the judges of the superior courts of this State shall be entitled to receive, in addition to the compensation now provided by law, reimbursement of traveling expenses, so as to change the amount of traveling expenses; and for other purposes.

The report 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.

976

JOURNAL OP THE SENATE,

The following bill was taken up for the purpose of considering a House substitute therefor:

SR 14. By Senators Gayner of the 5th, Pannell of the 54th and Jackson of the 16th: A resolution creating the Senate Committee on Economy, Reorganiza tion and Efficiency in State Government; and for other purposes.
The House substitute was as follows:
The Committee on State of Republic offered the following substitute:
A RESOLUTION
Creating the Senate Committee on Economy, Reorganization and Efficiency in State Government; and for other purposes.
WHEREAS, the people of Georgia are entitled to and demand that all Departments, Agencies and Commissions of the State Govern ment be operated on a business-like basis at a minimum of cost for a maximum of good for the greatest number of Georgia citizens, and that all practical, reasonable and possible economies be practiced in State Government; and
WHEREAS, to the end that the State Government of Georgia fulfill its responsibilities to the people of Georgia, it is vital that analytical and penetrating studies, on a continuing basis, be made of State Government; and
WHEREAS, fundamental fiscal planning and responsibility is one of the cardinal precepts of an efficient State Government; and
WHEREAS, it is meet and proper, necessary and desirable that the Legislative Branch of the Government fulfill its Constitutional Mandate relative to the expenditure of public funds, including the functions and operations of all Departments, Agencies and Com missions of the State Government, by being fully informed thereabout.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there be and hereby is created the Senate Committee on Economy, Reorganization and Efficiency in State Government.
Said Committee, as hereby created, shall consist and be composed of ten (10) members of the Senate, with the President and the Presi dent Pro Tern of the Senate as Ex-Officio members.
The Committee members shall be appointed by the President of

THURSDAY, MARCH 14, 1963

977

the Senate, and the President shall designate the Chairman, ViceChairman and Secretary of the Committee. The President shall specify, in writing, the first call for a meeting of said Committee, and at such first meeting the said Committee shall organize, adopt policies, pro cedures and rules for its operation, future meetings, and act on any and all other matters it deems advisable.

Said Committee shall meet only upon the call of the Chairman thereof, or the President of the Senate, and a majority of the mem bership of the Committee shall constitute a quorum, and a majority vote of a quorum thereof shall be sufficient for transacting the busi ness of the Committee, and voting on all questions.

The Committee is hereby authorized and empowered to make studies and investigations on a continuing basis, and to inquire into the functions and operations of all Departments, Agencies and Com missions of the State Government. The Officials, Employees, Agents and Representatives of the State Government, and each Department, Agency and Commission thereof, are hereby directed to, and shall, cooperate with the said Committee, and furnish any and all informa tion, documents, records, data and papers of any and every description which shall be required or requested by the Committee, or any duly constituted Subcommittee thereof. All persons, firms or corporations doing business in any manner with the State of Georgia, shall likewise furnish to said Committee, any information, documents, records, data and papers of any and every description which shall be required or requested by said Committee.

The Committee is authorized and empowered to create Subcom mittees of the Committee and adopt such rules and procedures as is deemed necessary and proper, consistent with the purpose for which it is created, and the Chairman of the Committee is authorized to appoint such Subcommittees, naming the Chairman and Secretary thereof. Any such Subcommittee which might be created, is hereby given the plenary and same power and authority as is granted the full Committee, except as to the issuance of subpoenas as is herein after provided. The Committee, or any Subcommittee, is hereby au thorized to meet and to hold hearings at any place within this State.

The Committee shall be a continuing and permanent Committee and the terms of this resolution shall remain in effect and not expire until specifically repealed.

New members of the Committee may be appointed by the Presi dent of the Senate upon the beginning of a new Senatorial Term, and all vacancies on the Committee shall be filled by appointment of the President of the Senate. The Committee is hereby authorized and em powered to employ such legal, skilled and clerical assistance as it deems necessary and advisable, and to fix the compensation therefor.

The Committee is hereby authorized to obtain such materials, supplies and equipment as it deems necessary to perform its functions under this Resolution. The members of the Committee shall receive

978

JOURNAL OF THE SENATE,

the compensation, per diem, expenses and allowances which are au thorized for legislative members of Interim Legislative Committees for the actual days upon which they perform services under this Resolu tion between Sessions of the General Assembly, provided that the members of said Committee shall receive no additional funds during Sessions of the General Assembly, other than the funds received as a Member of the General Assembly. The funds necessary for the pur poses of this Resolution shall come from the funds appropriated to or available to the Legislative Branch of the Government and from any other legally available funds.

The Committee members or Counsel for the Committee or any other employee of the Committee, shall be authorized to travel within and without the State and to receive the actual expenses therefor, to be paid by the State Treasurer, provided, however, that no out of State travel shall take place except upon the joint approval of the Chairman of the Committee and the President of the Senate. All ex penses for travel shall be thoroughly itemized and accounted for be fore approval for payment.

The Chairman of the Committee shall sign and approve all requests for payment of any funds expended under the terms of this Resolu tion, and all such requests shall be thoroughly itemized as to compensa tion, per diem, expenses and allowances, before approval by the Chair man of said Committee, and all such requests shall be presented to the State Treasurer for payment, whereupon the said State Treasurer shall honor and pay the same.

The Committee, or any Subcommittee thereof, is hereby authorized to make such reports, from time to time, as it deems meet and proper, and shall, at its discretion, provide for the distribution of such reports to members of the Press, members of the General Assembly, and to State Officials. The Committee or any Subcommittee thereof, may be convened by the President of the Senate and it shall make such studies, investigations and inquiries into the functions and operations of any department, agency or commission of the State government as shall be directed by the President of the Senate.

The President of the Senate is hereby empowered and authorized to meet with the Committee and to examine any information, records, data, documents or papers under consideration by the Committee, or any Subcommittee thereof, and the President of the Senate shall also have the right to examine and cross-examine any witnesses who may appear before such Committee.

The Committee, upon a majority vote of the entire membership thereof is hereby specifically authorized and empowered to issue sub poenas for the Committee or a Subcommittee requiring the attendance and testimony of witnesses and the production of books, records, papers, documents, data, or other evidence relative to the purposes for which said Committee is created. Such subpoenas shall be issued in the name of the Committee, signed by the Chairman, and may be served by any Sheriff, Deputy Sheriff, or by any member of the Committee. The per-

THURSDAY, MARCH 14, 1963

979

son making such service shall make his return of the original and a copy, and a copy thereof shall be delivered thereafter to the Chair man of the Committee, who shall preserve the same. No subpoena shall be valid beyond a radius of one hundred miles from the site of any hearing. The power of the Committee to issue subpoenas shall end December 31, 1964. However, the regular Session of the General As sembly in 1965 may reactivate the power and then set an expiration date for said power. The Chairman or any member of the Committee shall be authorized to administer oaths to any and all witnesses. Every witness appearing pursuant to subpoena shall be entitled to receive, upon request, the same fee as is provided by law for witnesses in the Superior Courts of Georgia, and where the attendance of witnesses residing outside the county, wherein the hearing is held, is required, they shall be entitled to receive the same sum and expenses as is pro vided by law for witnesses appearing in the Superior Courts of Geor gia, upon certification thereof by the Chairman of the Committee to the State Treasurer. Any person, firm, corporation, association or or ganization which fails to appear in response to any such subpoena, as therein required or to produce any papers, documents, books, data, or other evidence, or any person who fails or refuses without legal cause, to answer any questions propounded to him, shall be guilty of civil contempt. Provided, further, that the testimony of such witnesses, or the production of any books, records, documents, papers, date, or other evidence, shall be compelled by the Judge of the Superior Court hav ing jurisdiction, upon a verified certification of such failure, by the Chairman of the Committee to the Judge, and it shall be the duty of said Judge to issue an attachment of contempt against such witness, or person, firm, corporation or agency, as in other cases, requiring the same to show cause why he should not be held in civil contempt. Any such action for civil contempt shall be in the jurisdiction where the same is alleged to have occurred. The provisions of Georgia Code Sections 26-4003, 26-4004, 26-4005 and 26-4006, as such Sections relate to the offenses of false swearing and subordination of false swearing and the punishment therefor, shall be applicable to all witnesses testify ing before the Committee or any Subcommittee as hereinabove referred
to.

Senator Pannell of the 54th moved that the Senate adopt the House substitute for SR 14.

On the motion, the ayes were 34, nays 0, and the House substitute was adopted.

The following bill of the Senate was taken up for the purpose of considering House action thereto:

SB 84. By Senator Pannell of the 54th: A bill to provide an alternate method for furnishing of Survivors'

980

JOURNAL OF THE SENATE,

Benefits for the eligible members of the Employees' Retirement System of Georgia; and for other purposes.

Senator Pannell of the 54th moved that the Senate recede from its position on the Fleming amendment to SB 84.

On the motion, the ayes were 34, nays 0.

The motion prevailed, and the Fleming amendment to SB 84 was agreed to.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 102. By Senator Carlton of the 21st:
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 provide that any person may stop and park a school bus on any road to discharge passengers who are teachers, students, or employees of a school; and for other purposes.

The House amendment was as follows:
The Committee on Education moved to amend SB 102 at the end of sec tion 1, sub-section "d" by striking the period, substituting a comma and continue quotation "for any other activities authorized by appro priate school authorities."

Senator Carlton of the 21st moved that the Senate agree to the House amend ment to SB 102.

On the motion, the ayes were 32, nays 0, and the amendment was agreed to.

HB 248. By Mr. Rainey of Crisp:
A bill to amend an act empowering cities, towns and counties, to main tain recreation systems; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, MARCH 14, 1963

981

1

On the passage of the bill, the ayes were 35, nays 0.

\ The bill, having received the requisite constitutional majority, was passed.

HB 269. By Mr. White of Mclntosh:
A bill to amend an act revising, consolidating and superseding laws relative to Game and Fish, so as to close Doboy Sound and Altamaha Sound to the taking of crab and shrimp with a net other than a cast net; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 288. By Mr. Brantley of Candler:
A bill to prohibit the use of certain language over the telephone; to prohibit the use of the telephone for certain 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 290. By Mr. Steis of Harris:
A bill to amend an act providing for the regulation of the sale of securities in this State, so as to redefine the word "salesman"; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

982

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 37, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 306. By Messrs. Fleming and Bell of Richmond:
A bill to amend an act relating to the subject of divorce; to clarify same in regard to insane persons; and for other purposes.

The Committee on Judiciary offered the following substitute:
A BILL
TO BE ENTITLED
An Act to amend Code Section 30-102 relating to the grounds that are sufficient to authorize the granting of a total divorce from the bonds of matrimony, as amended, by an Act approved January 28, 1946 (Ga. Laws 1946, p. 90), by an Act approved February 21, 1951 (Ga. Laws 1951, p. 744), and by an Act approved March 6, 1962 (Ga. Laws 1962, p. 600), so as to change the manner in which incurable insanity may be established as a ground for the granting of a total divorce; to change the manner in which such insane party shall have been adjudged insane; to change the designated persons who must examine and certify under oath that in their opinion such person is hopelessly and incurably insane; to change the designation of persons upon whom notice of a divorce action based on the ground of incurable insanity shall and must be served; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 30-102 relating to the grounds that are sufficient to authorize the granting of a total divorce from the bonds of matrimony, as amended, by an Act approved January 28, 1946 (Ga. Laws 1946, p. 90), by an Act approved February 21, 1951 (Ga. Laws 1951, p. 744), and by an Act approved March 6, 1962 (Ga. Laws 1962, p. 600), is hereby amended by striking Subsection 11. in its entirety and inserting in lieu thereof a new Subsection 11. to read as follows.
"11. Incurable insanity, but no divorce shall be granted upon this ground unless the insane party shall have been adjudged insane by a Court of competent jurisdiction, confined in an institution for the insane for a period of at least two (2) years immediately preceding the commencement of the action, and until the superintendent or other chief executive officer of the institu tion and one competent physician appointed by the court shall, after a thorough examination, make a certified statement under oath that it is their opinion that such person is hopelessly and

THURSDAY, MARCH 14, 1963

983

incurably insane. Notice of said action shall and must be served upon the guardian of the person of such insane person and the superintendent or other chief executive officer of the institution in which such person is confined, or in the event there is no guardian of the person, then notice of such action shall be served upon a guardian ad litem appointed by the court in which such divorce action is filed and the superintendent or the chief ex ecutive officer of the institution in which such person is confined and such guardian and superintendent shall be entitled to appear and be heard upon the issues. The status of the parties as to the support and maintenance of the insane person shall not be altered in any way by the granting of the divorce."

so that when so amended, Code Section 30-102 shall read as follows:

"30-102. Grounds for total divorce. The following grounds shall be sufficient to authorize the granting of a total divorce;
"1. Intermarriage by persons within the prohibited degrees of consanguinity and affinity.
"2. Mental incapacity at the time of the marriage.
"3. Impotency at the time of the marriage.

"4. Force, menaces, duress, or fraud in obtaining the mar riage.
"5. Pregnancy of the wife, at the time of the marriage un known to the husband.
"6. Adultery in either of the parties after marriage.

"7. Wilful and continued desertion by either of the parties for the term of one year.
"8. The conviction of either party for an offense involving moral turpitude, and under which he or she is sentenced to im prisonment in the penitentiary for the term of two years or longer.
"9. Habitual intoxication.

"10. Cruel treatment, which shall consist of the wilful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb or health.

"11. Incurable insanity, but no divorce shall be granted upon this ground unless the insane party shall have been adjudged in sane by a Court of competent jurisdiction, confined in an institution for the insane for a period of at least two (2) years immediately

984

JOURNAL OF THE SENATE,

preceding the commencement of the action, and until the superin tendent or other chief executive officer of the institution and one competent physician appointed by the court shall, after a thorough examination, make a certified statement under oath that it is their opinion that such person is hopelessly and incurably insane. Notice of said action shall and must be served upon the guardian of the person of such insane person and the superintendent or other chief executive officer of the institution in which such person is con fined, or in the event there is no guardian of the person, then notice of such action shall be served upon a guardian ad litem appointed by the court in which such divorce action is filed and the superintendent or the chief executive officer of the institution in which such person is confined, and such guardian and superin tendent shall be entitled to appear and be heard upon the issues. The status of the parties as to the support and maintenance of the insane person shall not be altered in any way by the granting of the divorce."

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 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 39, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Pannell of the 54th asked unanimous consent that HB 306 be im mediately transmitted to the House.

The consent was granted.

HB 320. By Messrs. Chandler of Baldwin, Dorminy of Ben Hill, Williams of Hall and others:
A bill to amend an act known as the Motor Fuel Tax Law, so as to repeal refund authorized for motor fuel tax paid on gasoline used on navigable waters; and for other purposes.

THURSDAY, MARCH 14, 1963

985

The report 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 323. By Mr. Andrews of Stephens:
A bill to amend an act relating to the Public Assistance Programs ad ministered by the State Department of Public Welfare to provide for relieving the various counties of financial participation in the medical care programs administered by the State Department of Public Welfare under the Public Assistance programs; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 28, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 324. By Mr. Andrews of Stephens:
A bill to amend an act known as the "Aid to the Disabled Act" so as to relieve the various counties of financial participation in the medical care benefits paid pursuant to said act; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 36, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 325. By Mr. Andrews of Stephens:
A bill to amend an act relating to the Public Assistance Programs administered by the State Department of Public Welfare so as to pro-

986

JOURNAL OF THE SENATE,

vide for the inclusion in the definition of "Assistance", medical care in behalf of or any type of remedial care recognized under State law in behalf of recipients eligible for assistance under the hereinafter cited acts; and for other purposes.

The report 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 326. By Mr. Andrews of Stephens:
A bill to amend an act known as the "Aid to Dependent Children Act", so as to change the definition of the term "Dependent Child" and so as to change the definition of the term "Assistance" and to define the term "Foster Family Home"; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The conferees on the part of the House and Senate requested the Executive Department to return the following bill of the House for the purpose of correct ing a technical error:

HB 132. By Messrs Killian of Glynn, Mathews of Clarke and many others.

A bill to amend the act with reference to obscenity, and for other purposes.

The technical error was corrected and the bill was returned to the Executive Department.

THURSDAY, MARCH 14, 1963

987

Senator Pannell of the 54th moved that the Senate resolve itself into executive session for the purpose of receiving a message from His Excellency, the Governor.

The motion prevailed and the Senate went into executive session.

The following communication was dispatched to His Excellency, the Governor, through George D. Stewart, secretary of the Senate:

Honorable Carl E. Sanders, Governor State Capitol Atlanta, Georgia
Dear Governor:

March 14, 1963

Under the rules governing Executive Sessions of the State Senate, I have the honor to report to you as follows:
Honorable Troy G. Morrow of Schley County, as Judge of the City Court of Ellaville, for a term beginning August 21, 1962, and ending August 21, 1966. The vote on this confirmation was ayes 51, nays 0.
Honorable M. H. Barnes, Jr., of Fulton County, as a Member of the State Board of Accountancy, for a term beginning November 15, 1962, and ending June 30, 1964. The vote on this confirmation was ayes 51, nays 0.

Honorable C. S. Hubbard of Fulton County as a Member of the State Com mission on Aging, for a term beginning July 10, 1962, and ending July 1, 1966. The vote on this confirmation was ayes 51, nays 0.

Honorable John H. Venable of Fulton County as a Member of the State Commission on Aging, for a term beginning July 10, 1962, and ending July 1, 1966. The vote on this confirmation was ayes 51, nays 0.

Honorable L. C. Butcher of Fulton County as a Member of the State Com mission on Aging, for a term beginning July 10, 1962, and ending July 1, 1966. The vote on this confirmation was ayes 51, nays 0.

Honorable Frank A. Constangy of Fulton County as a Member of the State

988

JOURNAL OF THE SENATE,

Commission on Aging for a term beginning July 10, 1962, and ending July 1, 1966. The vote on this confirmation was ayes 51, nays 0.

Honorable T. W. Earle of Chatham County as a Member of the State Com mission on Aging for a term beginning July 10, 1962, and ending July 1, 1965. The vote on this confirmation was ayes 51, nays 0.

Honorable John T. Mauldin of Fulton County as a Member of the State Com mission on Aging for a term beginning July 10, 1962, and ending July 1, 1965. The vote on this confirmation was ayes 51, nays 0.

Honorable John S. Seigle of Fulton County as a Member of the State Com mission on Aging for a term beginning July 10, 1962, and ending July 1, 1965. The vote on this confirmation was ayes 51, nays 0.

Honorable John D. Needham of Fulton County as a Member of the State Commission on Aging for a term beginning July 10, 1962, and ending July 1, 1965. The vote on this confirmation was ayes 51, nays 0.

Honorable Hugh W. Gaston of Dougherty County as a Member of the State Commission on Aging for a term beginning July 10, 1962, and ending July 1, 1965. The vote on this confirmation was ayes 51, nays 0.

Honorable W. T. Harrison of Troup County as a Member of the State Com mission on Aging for a term beginning July 10, 1962, and ending July 1, 1964. The vote on this confirmation was ayes 51, nays 0.

Honorable Jon A. Pirtle of DeKalb County as a Member of the State Com mission on Aging for a term beginning July 10, 1962, and ending July 1, 1964. The vote on this confirmation was ayes 51, nays 0.

Miss Barbara Rankin of Fulton County as a Member of the State Commis sion on Aging for a term beginning July 10, 1962, and ending July 1, 1964. The vote on this confirmation was ayes 51, nays 0.

Honorable Hugh B. Masters of Clarke County as a Member of the State Commission on Aging for a term beginning July 10, 1962, and ending July 1, 1964. The vote on this confirmation was ayes 51, nays 0.

Mrs. Bruce Schaefer of Stephens County as a Member of the State Commis sion on Aging for a term beginning February 12, 1963, and ending July 1, 1966. The vote on this confirmation was ayes 51, nays 0.

Mrs. Thelma W. Doster of Wilcox County as a Member of the State Board

THURSDAY, MARCH 14, 1963

989

of Barber and Beautician Examiners for a term beginning November 15, 1962, and ending November 9, 1965. The vote on this confirmation was ayes 51, nays 0.

Honorable Richard W. Watkins, Jr., of Butts County as a Member of the State Board of Corrections for a term beginning December 3, 1962, and ending November 27, 1967. The vote on this confirmation was ayes 51, nays 0.

Honorable Frank A. Constangy of Fulton County as a Member of the Board of Review of Employment Security Agency for a term beginning November 14, 1962, and ending November 14, 1968. The vote on this confirmation was ayes 51, nays 0.

Honorable Earle T. Newsom, Jr., of Floyd County as a Member of the State Board of Registration of Foresters for a term beginning August 17, 1962, and ending March 19, 1967. The vote on this confirmation was ayes 51, nays 0.

Dr. W. L. Pomoroy of Ware County as a Member of the Hospital Advisory Council for Construction, Licensure and Indigent Care for a term beginning July 1, 1962, and ending July 1, 1966. The vote on this confirmation was ayes 51, nays 0.

Honorable Oscar Hilliard of Walker County as a Member of the Hospital Advisory Council for Construction, Licensure and Indigent Care for a term beginning July 1, 1962, and ending July 1, 1966. The vote on this confirmation was ayes 51, nays 0.

Mrs. Olive L. Barbin of Richmond County as a Member of the Hospital Advisory Council for Construction, Licensure and Indigent Care for a term begin ning July 1, 1962, and ending July 1, 1966. The vote on this confirmation was ayes 51, nays 0.

Honorable Homer S. Durden of Emanuel County as Judge of the City Court of Swainsboro for a term beginning December 17, 1962, and ending January 1, 1965. The vote on this confirmation was ayes 51, nays 0.

Honorable Kirk Sutlive of Chatham County as a Member of the Board of Commissioners of the Department of Industry and Trade for a term beginning April 1, 1963, and ending April 1, 1966. The vote on this confirmation was ayes 51, nays 0.

Honorable B. T. Burson of Mitchell County as a Member of the Board of Commissioners of the Department of Industry and Trade for a term beginning April 1, 1963, and ending April 1, 1966. The vote on this confirmation was ayes 51, nays 0.

Honorable Roger Shoerner of Carroll County as a Member of the Board of Commissioners of the Department of Industry and Trade for a term beginning

990

JOURNAL OF THE SENATE,

April 1, 1963, and ending April 1, 1966. The vote on this confirmation was ayes 51, nays 0.

Honorable Jack J. McDonough of Pulton County as a Member of the Board of Commissioners of the Department of Industry and Trade for a term beginning April 1, 1963, and ending April 1, 1969. The vote on this confirmation was ayes 51, nays 0.

Honorable Robert T. Davis of Muscogee County as a Member of the Board of Commissioners of the Department of Industry and Trade for a term beginning April 1, 1963, and ending April 1, 1969. The vote on this confirmation was ayes 51, nays 0.

Honorable Ben Tarbutton, Jr., of Washington County as a Member of the Board of Commissioners of the Department of Industry and Trade for a term beginning April 1, 1963, and ending April 1, 1966. The vote on this confirmation was ayes 51, nays 0.

Honorable John P. Pickett of Polk County as a Member of the Board of Com missioners of the Department of Industry and Trade for a term beginning April 1, 1963, and ending April 1, 1966. The vote on this confirmation was ayes 51, nays 0.

Honorable Stanley Brooks of Telfair County as a Member of the Board of Commissioners of the Department of Industry and Trade for a term beginning April 1, 1963, and ending April 1, 1969. The vote on this confirmation was ayes 51, nays 0.

Honorable Cliff Kimsey, Jr., of Habersham County as a Member of the Board of Commissioners of the Department of Industry and Trade for a term beginning April 1, 1963, and ending April 1, 1969. The vote on this confirmation was ayes 51, nays 0.

Honorable Peter S. Knox, Jr., of McDuffie County as a Member of the Board of Commissioners of the Department of Industry and Trade for a term beginning April 1, 1963, and ending April 1, 1969. The vote on this confirmation was ayes 51, nays 0.

Honorable L. Edd Travis of Hall County as a Member of the Lake Lanier Islands Development Authority for a term beginning September 17, 1962, and ending September 17, 1964. The vote on this confirmation was ayes 51, nays 0.

Honorable Sylvan Meyer of Hall County as a Member of the Lake Lanier Islands Development Authority for a term beginning September 17, 1962, and ending September 17, 1963. The vote on this confirmation was ayes 51, nays 0.

THURSDAY, MARCH 14, 1963

991

Mrs. A. B. Smith of Clayton County as a Member of the State Board for the Certification of Librarians for a term beginning December 31, 1962, and ending December 31, 1967. The vote on this confirmation was ayes 51, nays 0.

Dr. Edward K. Russell of Fulton County as a Member of the State Medical Education Board for a term beginning July 19, 1962, and ending April 1, 1965. The vote on this confirmation was ayes 51, nays 0.

Miss E. Louise Grant of Richmond County as a Member of the Board of Examiners of Nurses for Georgia, for a term beginning September 23, 1962, and ending September 23, 1965. The vote on this confirmation was ayes 51, nays 0.

Honorable Thomas H. Milner, Jr., of Clarke County as a Member of the State Personnel Board for a term beginning May 14, 1962, and ending November 23, 1966. The vote on this confirmation was ayes 51, nays 0.

Honorable L. E. Bowen, Sr., of Tift County as a Member of the State Per sonnel Board for a term beginning November 23, 1962, and ending November 23, 1969. The vote on this confirmation was ayes 51, nays 0.

Honorable Lucius H. Atherton, Sr., of Cobb County as a Member of the Georgia State Board of Pharmacy for a term beginning November 14, 1962, and ending November 1, 1967. The vote on this confirmation was ayes 51, nays 0.

Miss Viva Erickson of Meriwether County as a Member of the Board of Physical Therapy for a term beginning August 30, 1962, and ending August 30, 1963. The vote on this confirmation was ayes 51, nays 0.

Miss Lois Statham of Dougherty County as a Member of the Board of Physi cal Therapy for a term beginning August 30, 1962, and ending August 30, 1963. The vote on this confirmation was ayes 51, nays 0.

Miss Betty O. Nichols of Pulton County as a Member of the Board of Physical Therapy for a term beginning August 30, 1962, and ending August 30, 1964. The vote on this confirmation was ayes 51, nays 0.

Honorable Donald Hancock of Floyd County as a Member of the Board of Physical Therapy for a term beginning August 30, 1962, and ending August 30, 1964. The vote on this confirmation was ayes 51, nays 0.

Honorable George McCluskey of Muscogee County as a Member of the Board of Physical Therapy for a term beginning August 30, 1962, and ending August 30, 1965. The vote on this confirmation was ayes 51, nays 0.

992

JOURNAL OP THE SENATE,

Honorable William M. West of Bibb County as a Member of the Georgia Police Academy Board for a term beginning April 30, 1962, and ending December 31, 1964. The vote on this confirmation was ayes 51, nays 0.

Honorable William P. Trotter of Troup County as a Member of the Georgia Police Academy Board for a term beginning April 30, 1962, and ending December 31, 1964. The vote on this confirmation was ayes 51, nays 0.

Honorable James C. Owen, Jr., of Spalding County as a Member of the Board of Regents of the University System of Georgia for a term beginning January 1, 1963, and ending January 1, 1970. The vote on this confirmation was ayes 51, nays 0.

Honorable John Bell of Laurens County as a Member of the Board of Regents of the University System of Georgia for a term beginning January 1, 1963, and ending January 1, 1970. The vote on this confirmation was ayes 51, nays 0.

Honorable Raymond Morris of Clay County as a Member of the Georgia Waterways Commission for a term beginning August 15, 1962, and ending April 24, 1965. The vote on this confirmation was ayes 51, nays 0.

Honorable Garland Peyton of DeKalb County as Director of the Department of Mines, Mining and Geology for a term beginning January 15, 1963, and ending December 31, 1966. The vote on this confirmation was ayes 51, nays 0.

Honorable Hiram K. Undercofler of Sumter County as State Revenue Com missioner for a term beginning January 15, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.

Honorable Henry G. Neal of McDuffie County as Assistant Attorney General for a term beginning January 15, 1963, and serving at the pleasure of the Gover nor and Attorney General. The vote on this confirmation was ayes 51, nays 0.

Honorable D. Douglas Barnard, Jr., of Richmond County as Secretary of the Executive Department and Executive Secretary of the Executive Department for a term beginning January 15, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.

Honorable George J. Hearn of Walton County as Adjutant General of Georgia for a term beginning January 15, 1963, and running concurrent with the term of the Governor and at his pleasure. The vote on this confirmation was ayes 51, nays 0.

Honorable Horace G. Caldwell of Dougherty County as Director of the De-

THURSDAY, MARCH 14, 1963

993

partment of State Parks for a term beginning January 15, 1963 and ending Janu ary 1, 1967. The vote on this confirmation was ayes 51, nays 0.

Mrs. Bruce Schaefer of Stephens County as Director of the State Department of Public Welfare for a term beginning January 15, 1963, and running concurrent with the term of the Governor and until her successor is appointed and qualified. The vote on this confirmation was ayes 51, nays 0.

Honorable Wistar T. Jay of Thomas County as State Supervisor of Pur chases for a term beginning January 15, 1963, and ending November 17, 1964. 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 Pish Commission for a term beginning January 7, 1963, and ending January 1,1970. The vote on this confirmation was ayes 51, nays 0.

Honorable James F. Darby, Jr., of Toombs County as a Member of the State Game and Pish Commission for a term beginning January 7, 1963, and ending January 1, 1970. The vote on this confirmation was ayes 51, nays 0.

Honorable Walter Blasingame of Colquitt County as a Member of the Advis ory Committee on Mental Institutions for a term beginning January 7, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.

Honorable Wallace Adams of Wheeler County as a Member of the Georgia Forest Research Council for a term beginning January 9, 1963, and ending Janu ary 1, 1972. The vote on this confirmation was ayes 51, nays 0.

Honorable James T. Green of Chatham County as a Member of the State Board of Veterans Service for a term beginning January 17, 1963, and ending April 1, 1964. The vote on this confirmation was ayes 51, nays 0.

Honorable E. E. Griffin, Jr., of Glascock County as a Member of the State Board of Veterans Service for a term beginning April 1, 1963, and ending April 1, 1970. The vote on this confirmation was ayes 51, nays 0.

Honorable J. Brantley Johnson of Bulloch County as a Member of the State Board of Education for a term beginning January 25, 1963, and ending January 1, 1967. The vote on this confirmation was ayes 51, nays 0.

Honorable Paul Stone of Burke County as Assistant Adjutant General for Air for a term beginning January 25, 1963, and running concurrent with the term of the Governor and at his pleasure. The vote on this confirmation was ayes 51, nays 0.

994

JOURNAL OF THE SENATE,

Honorable Douglas King of Coweta County as Assistant Attorney General for a term beginning January 24, 1963, and serving at the pleasure of the Governor and the Attorney General. The vote on this confirmation was ayes 51, nays 0.

Honorable Paul Rodgers of Pulton County as Assistant Attorney General for a term beginning January 24, 1963, and serving at the pleasure of the Governor and the Attorney General. The vote on this confirmation was ayes 51, nays 0.

Honorable G. Hughel Harrison of Pulton County as Assistant Attorney General for a term beginning January 24, 1963, and serving at the pleasure of the Governor and the Attorney General. The vote on this confirmation was ayes 51, nays 0.

Honorable John Dean of Clayton County as Assistant Attorney General for a term beginning January 24, 1963, and serving at the pleasure of the Governor and the Attorney General. The vote on this confirmation was ayes 51, nays 0.

Honorabble James H. Therrell of Fulton County as Assistant Attorney Gen eral for a term beginning January 24, 1963, and serving at the pleasure of the Governor and Attorney General. The vote on this confirmation was ayes 51, nays 0.

Honorable Howard Wallace of Spalding County as Assistant Attorney General for a term beginning January 24, 1963, and serving at the pleasure of the Gover nor and the Attorney General. The vote on this confirmation was ayes 51, nays 0.

Honorable William L. Harper of DeKalb County as Assistant Attorney Gen eral for a term beginning January 24, 1963, and serving at the pleasure of the Governor and the Attorney General. The vote on this confirmation was ayes 51, nays 0.

Mrs. Ruby G. Jackson of Laurens County as Assistant Attorney General for a term beginning January 24, 1963, and serving at the pleasure of the Governor and the Attorney General. The vote on this confirmation was ayes 51, nays 0.

Honorable Louis McDonald of Fulton County as Assistant Attorney General for a term beginning January 24, 1963, and serving at the pleasure of the Gover nor and the Attorney General. The vote on this confirmation was ayes 51, nays 0.

Honorable Richard Chambers of DeKalb County as Assistant Attorney Gen eral for a term beginning January 24, 1963, and serving 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 Assistant Attorney General for a term beginning January 24, 1963, and serving at the pleasure of the Governor and the Attorney General. The vote on this confirmation was ayes 51, nays 0.

THURSDAY, MARCH 14, 1963

995

Honorable Donald Payton of Fulton County as Assistant Attorney General sj for a term beginning January 24, 1963, and serving at the pleasure of the Governor | and the Attorney General. The vote on this confirmation was ayes 51, nays 0. ^

Honorable John S. Harrison of Washington County as Assistant Attorney General for a term beginning January 24, 1963, and serving at the pleasure of the Governor and the Attorney General. The vote on this confirmation was ayes 51, nays 0.

Honorable Earl Hickman of Fulton County as Assistant Attorney General for a term beginning January 24, 1963, and serving at the pleasure of the Gover nor and the Attorney General. The vote on this confirmation was ayes 51, nays 0.

Honorable W. C. Coles of Fulton County as a Member of the Workmen's Compensation Medical Board for a term beginning February 1, 1963, and ending March 30, 1963. The vote on this confirmation was ayes 51, nays 0.

Honorable W. C. Coles of Fulton County as a Member of the Workmen's Compensation Medical Board for a term beginning March 30, 1963, and ending March 30, 1965. The vote on this confirmation was ayes 51, nays 0.

Honorable David L. Hearin of Fulton County as a Member of the Workmen's Compensation Medical Board for a term beginning February 1, 1963, and ending March 30, 1963. The vote on this confirmation was ayes 51, nays 0.

Honorable David L. Hearin of Fulton County as a Member of the Workmen's Compensation Medical Board for a term beginning March 30, 1963, and ending March 30, 1965. The vote on this confirmation was ayes 51, nays 0.

Honorable L. L. Wyatt of Greene County as a Member of the Department of Public Safety for a term beginning February 1, 1963, and ending as provided by law. The vote on this confirmation was ayes 51, nays 0.

Honorable Virgil Bledsoe of Heard County as a Member of the Department of Public Safety for a term beginning February 1, 1963, and ending as provided by law. The vote on this confirmation was ayes 51, nays 0.

Honorable Jasper E. Smith of Bulloch County as a Member of the State Board of Funeral Service for a term beginning February 13, 1963, and ending February 13, 1969. The vote on this confirmation was ayes 51, nays 0.

Honorable L. H. Morgan of Dodge County as a Member of the State Forestry Commission for a term beginning February 28, 1963, and ending February 28,. 1970. The vote on this confirmation was ayes 51, nays 0.

996

JOURNAL OP THE SENATE,

Dr. Hassie H. Trimble, Jr., of Colquitt County as a Member of the State Board of Osteopathic Examiners of Georgia for a term beginning December 17, 1962, and ending September 10, 1965. The vote on this confirmation was ayes 51, nays 0.

Honorable Ed L. Bridges of Fulton County as a Member of the Ty Cobb Baseball Memorial Commission for a term beginning May 29, 1962, and ending January 1, 1964. The vote on this confirmation was ayes 51, nays 0.

Honorable Wilson B. Wilkes of Cook County as a Member of the Atlantic States Marine Fisheries Commission for a term beginning March 13, 1963, and ending May 18, 1965. The vote on this confirmation was ayes 51, nays 0.

Honorable J. F. Mathis, Jr., of Emanuel County as a Member of the Georgia Forest Research Council for a term beginning March 13, 1963, and ending January 1, 1966. The vote on this confirmation was ayes 51, nays 0.

Honorable Harley Langdale, Jr., of Lowndes County as a Member of the Charles H. Herty Foundation for a term beginning March 13, 1963, and ending February 19, 1968. The vote on this confirmation was ayes 51, nays 0.

Honorable Lamar Dodd of Clarke County as a Member of the Art Commission for the State of Georgia for a term beginning March 13, 1963, and ending March 9, 1967. The vote on this confirmation was ayes 51, nays 0.

Honorable Sig Cox of Richmond County as a Member of the State Board of Examiners of Warm Air Heating Contractors for a term beginning March 13, 1963, and ending March 29, 1965. The vote on this confirmation was ayes 51, nays 0.

Mrs. E. W. Fleming of Troup County as a Member of the Georgia State Board of Cosmetology for a term beginning May 1, 1963, and ending May 1, 1966. The vote on this confirmation was ayes 51, nays 0.

Mr. Al Taylor of Fulton County as a member of the Georgia State Board of Cosmetology for a term beginning May 1, 1963, and ending May 1, 1966. The vote on this confirmation was ayes 51, nays 0.

Honorable Ray Phillips of Richmond County as a Member of the Georgia State Board of Barbers for a term beginning May 1, 1963, and ending May 1, 1966. The vote on this confirmation was ayes 51, nays 0.

Honorable John C. Harper of Richmond County as Press Secretary Adminis trative Aide to the Governor for a term beginning January 15, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.

THURSDAY, MARCH 14, 1963

997

Honorable Wayne K. Rivers of Pulton County as a Member of the Board of Managers for the Georgia Factory for the Blind for a term beginning March 13, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.

Honorable George W. Henderson, Jr., of Fulton County as a Member of the Board of Managers of the Georgia Factory for the Blind for a term be ginning March 13, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 51, nays 0.

Mrs. Virginia Tollison of Richmond County as a Member of the Georgia State Board of Cosmetology for a term beginning May 1, 1963, and ending May 1, 1966. The vote on this confirmation was ayes 51, nays 0.
Respectfully yours,
GEORGE D. STEWART,
Secretary of the Senate.

The executive session was dissolved and the Senate resumed the regular order of business.

HB 355. By Mr. Melton of Spalding:
A bill to provide an appropriation for the purpose of providing suitable offices for use by the Employment Security Agency in the Department 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 32, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 398. By Messrs. Smith of Grady, Busbee of Dougherty, Bolton of Spalding, Andrews of Stephens and Rutland of DeKalb:
A bill to amend an act relating to general provisions concerning banks and banking, so as to define "city," "town" and "village"; and for other purposes.

998

JOURNAL OF THE SENATE,

Senator Noble of the 19th moved that HB 398 be postponed until 4:00 o'clock March 15th.

On the motion, the ayes were 25, nays 14.

The motion prevailed, and HB 398 was postponed until 4:00 o'clock March 16th.

HB 268. By Messrs. Etheridge and McClelland of Fulton:
A bill to regulate the manner in which the judges of the Superior Court of the Atlanta Judicial Circuit shall dispose of the business of said court; to provide for the selection and removal of a chief judge of said court; and for other purposes.

Senator Johnson of the 38th moved that HB 268 be tabled.

On the motion to table, the ayes were 3, nays 28, and the motion was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 28, nays 4.

The bill, having received the requisite constitutional majority, was passed.

HB 209. By Mr. Wilkes of Cook:
A bill to amend an act known as the Georgia Insurance Code of 1960, so as to remove the provision providing that no policy of this group life insurance may be issued to or for a labor union; and for other purposes.

The report 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.

THURSDAY, MARCH 14, 1963

999

The bill, having received the requisite constitutional majority, was passed.

HB 500. By Messrs. Mackay of DeKalb, Underwood of Montgomery and Spikes of Troup:
A bill to provide that trustees, executors, administrators, guardians and other like fiduciaries holding trust funds may invest the same in real estate loans both secured by a first lien on or first security title to improved realty and are insured pursuant to provisions of any Title of the National Housing 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 34, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 410. By Mr. Plournoy of Cobb:
A bill to establish an effective date for the Federal Census as used in the statutory law 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 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Smalley of the 28th asked unanimous consent that HB 410 be imme diately transmitted to the House.

The consent was granted.

HB 424. By Messrs: Bowen of Toombs, Fowler of Treutlen, Perry of Evans, and others.
A bill to amend an act providing for the registration of trademarks,

1000

JOURNAL OP THE SENATE,

so as to provide for the registration of service marks; and for other purposes.

The report 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 Smalley of the 28th asked unanimous consent that HB 424 be immedi ately transmitted to the House.

The consent was granted.

The following bill was taken up for the purpose of considering House action thereto.
HB 421. By Messrs. Mackay of DeKalb, Payton of Coweta, Dicus of Muscogee and Harris of DeKalb: A bill to establish and constitute the Study Commission on Industrial Loan Business; and for other purposes.
Senator Smith of the 18th moved that the Senate recede from its position in amending HB 421.
On the motion to recede, the ayes were 36, nays 0, and the motion prevailed.
HB 395. By Messrs. Fowler of Douglas and Jones of Worth: A bill to amend an act providing for the giving of security by owners and operators of motor vehicles, so as to reduce the deposit of security in cases of injury; and for other purposes.
The Committee on Public Utilities and Transportation offered the following amendment:
Amend HB 395 by inserting before the phrase "to repeal conflicting laws" the following "to provide for an effective date;".

THURSDAY, MARCH 14, 1963

1001



By striking from Section 16, which section is quoted in Section 9

|

of said bill, the symbol and figure "$25.00" and substituting in lieu

|

thereof the symbol and figure "$10.00."

By renumbering Section 11 as Section 13.

By inserting following Section 10 two new sections to read as follows:

"Section 11. The duties and responsibilities placed upon the Director and the Department of Public Safety in administering and enforcing the provisions of this Act are conditioned upon specific additional appro priations being made available to meet the increased cost within the Department of Public Safety in administering the provisions of this Act.

"Section 12. The provisions of this Act shall become effective March 15, 1964."

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Lee of the 47th asked unanimous consent that HB 395 be immediately transmitted to the House.
The consent was granted.
HR 187. By Mr. Lowrey of Floyd: A resolution transferring certain State property located in Ployd County to the trustees of the cemetery of the Oostanoula (or Popes) Church; and for other purposes.
The report of the committee, which was favorable to the adoption of the reso lution, was agreed to.

1002

JOURNAL OF THE SENATE,

On the adoption of the resolution, the ayes were 38, nays 0.

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

HB 426. By Messrs. Steis of Harris and Andrews of Stephens:
A bill to amend an act known as the "Georgia Civil Defense Act of 1951," so as to provide for a civil defense organization to each 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.

HB 435. By Messrs. Bowen of Toombs, Fowler of Treutlen, Perry of Evans and others:
A bill to amend an act known as the "Georgia Fertilizer Act of 1960," so as to redefine term "manufacturer"; and for other purposes.

The report 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 485. By Messrs. Towson of Laurens and Duncan of Carroll:
A bill to provide for the retention of certain benefits received from the State Department of Public Welfare by certain individuals under certain conditions; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, MARCH 14, 1963

1003

On the passage of the bill, the ayes were 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 365. By Mr. Milhollin of Coffee:
A bill to amend an act establishing standards for weights and measures, so as to provide for licensing and bonding of persons operating moisture testing equipment and procedure connected therewith; and for other purposes.

Senator Carter of the 14th offered the following amendment:
Amend HB 365 by striking from the title the words "and bonding."
By striking from the first sentence of Section 1 the words:
"and submitting to the Commissioner a bond, approved by the Commissioner, conditioned upon the payment of any and all damages resulting from the failure of the principal to operate the moisture testing equipment so as to accurately compute or determine the moisture content of the grain tested in an amount of not less than $1,000.00, or such greater amount as the Commissioner shall pre scribe."
By adding after the last word of said sentence as it now reads, a period.
By striking from the end of the third sentence of Section 1 the words:
"and no permit shall be issued until the requisite bond is approved and in the event of the expiration or cancellation of any such bond the permit shall stand revoked instanter without further action."
By adding at the end of said sentence as it now reads, a period.

On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 32, nays 0.

1004

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

HB 100. By Mr. Barber of Jackson:
A bill to amend an act establishing a State Board of Education, so as to authorize the State Board of Education to make available instructional courses through the medium of educational television; and for other purposes.

The Committee on Educational Matters offered the following amendment: Amend committee substitute for HB 100 by adding the words "per
sons, firms or corporations" immediately following the word "agencies" on 17th line of title to read as follows:
"agreements with other agencies, persons, firms or corporations for production and/or transmission of educational"
Amend Section 3A by adding the words "persons, firms or corpora tions" following the word "agencies" on 10th line to read as follows:
"and is authorized to enter into agreements with other agencies, persons, firms or corporations for the."

On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 34, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 498. By Messrs. Richardson, Funk and Shea of Chatham:
A bill to amend an act creating a Board of Health in each county and providing for payment of the expenses of county health departments by towns and cities under certain conditions, so as to change the method of payment of expenses of county health departments; and for other purposes.

THURSDAY, MARCH 14, 1963

1005

The report 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 602. By Messrs. Herndon of Appling, Deen of Bacon, Warren of Wayne and others:
A bill to amend an act known as the "Minimum Foundation Program for Education Act," as amended, so as to give each county school board certain authority in the matter of consolidating 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 36, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 107. By Mr. Rowland of Johnson: A bill to amend an act relating to the transaction of business with ordi naries, so as to provide for the closing of the ordinary's office for two half days per week; and for other purposes.
Senator Smalley of the 28th offered the following substitute for HB 107: SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR HB NO. 107
A BILL
To be entitled an Act to amend Code Section 24-2104, relating to the transaction of business with ordinaries, as amended, particularly by an Act approved February 15, 1952 (Ga. Laws 1952, p. 213), and an Act approved March 25, 1958 (Ga. Laws 1958, p. 631), so as to provide for the closing of the ordinary's office for two half days out of each week, or one full day; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

1006

JOURNAL OF THE SENATE,

Section 1. Code Section 24-2104, relating to the transaction of business with ordinaries, as amended, particularly by an Act approved February 15, 1952 (Ga. Laws 1952, p. 213), and an Act approved March 25, 1958 (Ga. Laws 1958, p. 631), is hereby amended by striking said Section in its entirety and substituting in lieu thereof a new Section 24-2104, to read as follows:

"24-2104. The ordinary of each county may close his office at 12:00 o'clock noon on not more than two days out of each week, or at his election close his office for one entire day out of each week, Sundays and holidays excluded. The ordinnary's office shall not be open for the transaction of business on any Sunday or legal holiday."

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 35, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 29. By Messrs. Walker and Gibbons of Lowndes:
A resolution to compensate Mrs. Christine P. King (State Highway De partment) ; 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:

Brewer Broun Byrd Carlton Carter Coggin Conway

Downing Ellis Fincher Gayner Gillis Gordy Hall

Harrison Heard Holloway Hunt Jackson Johnson Kendrick

Kidd Knox Lee Logging Maclntyre Moore Oliver Pannell

THURSDAY, MARCH 14, 1963

1007

Pelham Pennington Phillips Plunkett Rowan Salome Scott Searcey

Smalley Smith Spinks Tribble Webb Wesberry Yancey

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 major ity, was adopted.

HR 39. By Mr. Williams of Hall: A resolution to compensate W. L. West, Sr.; 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:

Brewer Broun Byrd Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gillis Gordy Hall Harrison

Heard Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Knox Lee Loggins Maclntyre Moore Oliver Pannell Pelham

Pennington Phillips Plunkett Rowan Salome Scott Searcey Smalley
Smith Spinks Tribble Webb Wesberry Yancey

1008

JOURNAL OP THE SENATE,

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 major ity, was adopted.

HR 46. By Mr. McCracken of Jefferson: A resolution to compensate Edsel Scarboro; 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:

Brewer Broun Byrd Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gillis Gordy Hall Harrison

Heard Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Knox Lee Loggins Maclntyre Moore Oliver Pannell Pelham

Pennington Phillips Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Tribble Webb Wesberry Yancey

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 major ity, was adopted.

THURSDAY, MARCH 14, 1963

1009

HR 49. By Mr. Pickard of Muscogee: A resolution to compensate Mrs. Richard L. Bell; 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:

Brewer Broun Byrd Carlton Carter Coggin Conway Downing Ellis Pincher Gayner Gillis Gordy Hall Harrison

Heard Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Knox Lee Loggins Maclntyre Moore Oliver Pannell Pelham

Pennington Phillips Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Tribble Webb Wesberry Yancey

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 major ity, was adopted.

HR 94. By Mr. Kirkland of Tattnall:
A resolution to compensate Miss Sarah Lynn Rountree; and for other purposes.

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

1010

JOURNAL OF THE SENATE,

The resolution involving an appropriation, a roll call was ordered, and the

;i

vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun Byrd Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gillis Gordy Hall Harrison

Heard Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Knox Lee Loggins Maclntyre Moore Oliver Pannell Pelham

Pennington Phillips Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Tribble Webb Wesberry Yancey

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 major ity, was adopted.

HR 95. By Mr. Duncan of Fannin: A resolution to compensate Luther Callihan; and for other purposes.

The report of the committee, which was favorable to the adoption of the reso lution, 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:

Brewer Broun Byrd

Carlton Carter Coggin

Conway Downing Ellis

THURSDAY, MARCH 14, 1963

1011

Fincher Gayner Gillis Gordy Hall Harrison Heard Holloway Hunt Jackson Johnson of 42nd Johnson of 38th

Kendrick Knox Lee Loggins Maclntyre Moore Oliver Pannell Pelham Pennington . Phillips Plunkett

Rowan Salome Scott Searcey Smalley Smith Spinks Tribble Webb Wesberry Yancey

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 major ity, was adopted.

HR 110. By Mr. Payton of Coweta:
A resolution to compensate Mrs. Elizabeth M. North; 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:

Brewer Broun Byrd Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gillis Gordy Hall Harrison

Heard Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Knox Lee Loggins Maclntyre Moore Oliver Pannell Pelham

Pennington Phillips Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Tribble Webb Wesberry Yancey

1012

JOURNAL OP THE SENATE,

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 major ity, was adopted.

HR 122. By Mr. Stuckey of Dodge:
A resolution to compensate Mrs. Elizabeth M. North; 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:

Brewer Broun Byrd Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gillis Gordy Hall Harrison

Heard Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Knox Lee Loggins Maclntyre Moore Oliver Pannell Pelham

Pennington Phillips Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Tribble Webb Wesberry Yancey

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 major ity, was adopted.

THURSDAY, MARCH 14, 1963

1013

HR 169. By Mr. Williams of Hall: A resolution to compensate Claubus E. Adams; 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:

Brewer Broun Byrd Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gillis Gordy Hall Harrison

Heard Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Knox Lee Loggins Maclntyre Moore Oliver Pannell Pelham

Pennington Phillips Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Tribble Webb Wesberry Yancey

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 major ity, was adopted.

HR 173. By Mr. Parker of Screven: A resolution to compensate J. T. Bailey; and for other purposes.

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

1014

JOURNAL OF THE SENATE,

The resolution involving an appropriation,* a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun Byrd Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gillis Gordy Hall Harrison

Heard Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Knox Lee Loggins Maclntyre Moore Oliver Pannell Pelham

Pennington Phillips Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Tribble Webb Wesberry Yancey

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 major ity, was adopted.

HR 186. By Messrs. Mackey and Harris of DeKalb: A resolution to compensate Robert L. Norquist; 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:

Brewer Broun
Byrd

Carlton Carter
Coggin

Conway Downing
Ellis

THURSDAY, MARCH 14, 1963

1015

Fincher Gayner Gillis Gordy Hall Harrison Heard Holloway Hunt Jackson Johnson of 42nd Johnson of 38th

Kendrick Knox Lee Loggins Maclntyre Moore Oliver Pannell Pelham Pennington Phillips Plunkett

Rowan Salome Scott Searcey Smalley Smith Spinks Tribble Webb Wesberry Yancey

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 major ity, was adopted.

HR 190. By Mr. Sangster of Dooly:
A resolution to provide compensation for Bowles & Tillinghast, Inc., Actuaries and Employee Benefit Plan Consultants for services rendered for the Interim Legislative Committee to study matters relating to the retirement of employees of the Department of Public Safety, created by resolution at the 1962 session of the General Assembly; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun Byrd Carlton Carter Coggin Conway

Downing Ellis Pincher Gayner Gillis Gordy Hall

Harrison Heard Holloway Hunt Jackson of 16th Johnson of 42nd Johnson of 38th

1016
Kendrick Knox Lee Loggins Maclntyre Moore Oliver Pannell

JOURNAL OP THE SENATE,

Pelham
Pennington Phillips Plunkett Rowan Salome Scott Searcey

Smalley Smith Spinks Tribble Webb Wesberry Yancey

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 major ity, was adopted.

HB 247. By Messrs. Paris of Barrow, Knight of Berrien, Abney of Walker and others:
A bill to provide that an insurer who settles a claim or suit on behalf of an insured shall do so in the capacity of an independent contractor; to provide that such settlement shall not affect the rights of an in sured against a third party; and for other purposes.
The Committee on Judiciary offered the following substitute:
A BILL
To be entitled an Act to provide the manner in which liability in surers shall have the light to compromise or settle claims of third per sons against their insureds; to provide the manner in which an insured shall have a right to assert a claim or cause of action against third persons; to provide the manner in which third persons shall be barred from asserting claims against all persons whomsoever; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. From and after the passage of this Act, any provision in a liability policy of insurance which provides that the insurer shall have the right to compromise or settle claims of third persons against the insured without the consent of the insured shall be deemed to create, as between the insurer and the insured, the relationship of an indepen dent contractor so that the insured shall not be precluded from asserting a claim or cause of action against third persons, notwithstanding the

THURSDAY, MARCH 14, 1963

1017

settlement by the insurer of such claims of third persons, if such settle ment by the insurer of such claims of third persons, if such settlement by the insurer shall have been made over the written objection of the insured after notice by the insurer to the insured of its intention to make such settlement; provided, that in all such cases where the insurer shall settle the claims of third persons against the insured, the insurer shall previously notify the insured of its intention; whereupon, it shall be the duty of the insured, if he does not consent to settlement, to notify the insurer thereof in writing within five (5) days; and provided, fur ther, that in all cases where the insurer settles the claims of third per sons against the insured over the objection of the insured, it shall be the duty of the insurer to inform such third persons in writing of the lack of consent of the insured before taking from such third persons any release, convenant not to sue, or other settlement.

If such third persons execute a release, convenant not to sue, or other instrument in settlement of their claims after such notice of the lack of consent of the insured, the same shall be deemed and construed as a bar to the further assertion by such third persons of such claims against all persons whomsoever, and such third persons shall not plead such release, convenant not to sue or settlement in bar of any action or claim asserted by such insured.

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 34, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 36, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 556. By Mr. McClelland of Fulton:
A bill to amend an act providing that the fees of an auditor shall be taxed by the judge and providing the amount of said fees, so as to provide that the fees of an auditor to whom a case has been referred shall be determined by the trial 'judge making such referral; and for other purposes.

1018

JOURNAL OF THE SENATE,



The report of the committee, which was favorable to the passage of the

i<

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 557. By Mr. McClelland of Fulton:
A bill to amend an act providing that fees of an auditor shall be taxed by the judge and providing for the amount of such fees; and for other purposes.

The Committee on Judiciary offered the following amendment:
Amend HB 557 by striking from section 1, after the words "dis agreement between the parties" and before the words "be apportioned", the words "the compensation herein provided shall", and inserting in lieu thereof the following language, "the compensation herein provided may".

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.

Senator Webb of the llth offered the following amendment:
Amend HB 557 by striking the words and numerals "Code Sectio 10-502" and the numerals "10-502" wherever the same appear in Section 1 and by substituting therefor the words and numerals "Code Section 10-503" and the numerals "10-503" respectively.

On the adoption of the amendment, the ayes were 38, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

THURSDAY, MARCH 14, 1963

1019

HR 166. My Messrs. Rodgers of Charlton and Wells of Camden:

|

A resolution designating the Alva P. Hopkins, Jr. Bridge; and for

31

other purposes.

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

On the adoption of the resolution, the ayes were 38, nays 0.

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

HB 444. By Messrs. Mitchell and Smith of Whitfield:
A bill to create a new Judicial Circuit for the State of Georgia, to be known as the Conasauga Judicial Circuit to be composed of the counties of Whitfield and Murray; and for other purposes.

Senator Pannell of the 54th offered the following amendment:
Amend HB 444 by adding to the title immediately following the words and figures "so as to include such new circuit;", the words and figures "to repeal an Act supplementing the salary of the judges of the Superior Courts of the Cherokee Judicial Circuit, approved Feb ruary 25, 1949 (Ga. Laws 1949, p. 1643); to repeal an Act supplement ing the salary of the judges of the Superior Courts in certain counties approved March 28, 1961 (Ga. Laws 1961, p. 193);".
By striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows:
"The judge of the Superior Court of the Cherokee Judicial Circuit shall receive in addition to the compensation and allowances paid to the judges of the Superior Courts in this State, the sum of two thousand dollars ($2,000.00) per annum, payable monthly. The Solicitor-General shall receive the sum of eight thousand dollars ($8,000.00) per annum, payable monthly, which shall be in addition to the compensation and allowances paid to Solicitors-General by the State and shall be in lieu of all fees and other perquisites. Both the above mentioned salaries shall be paid out of the funds of the counties of Gordon and Bartow and shall be apportioned among those two counties on a per capita basis according to the 1960 U. S. Census or any such future Census."
By striking from Section 6 the first three sentences therein and

1020

JOURNAL OF THE SENATE,

substituting in lieu thereof the following:
"The Court Reporter of the Cherokee Judicial Circuit shall be paid on a salary basis in lieu of the fee basis and shall be paid the sum of six thousand dollars ($6,000.00) per annum, payable in equal monthly installments. Said salary shall be in lieu of all fees, allowances or other perquisites now paid to said Court Reporters out of county funds.

By renumbering Sections 10 and 11 as Sections 12 and 13 re spectively.

By adding a new Section to be known as Section 10 and to read as follows:

"Section 10. An Act entitled 'An Act to supplement the sal aries of the judges of the Superior Courts in certain counties; to repeal conflicting laws; and for other purposes.', approved March 28, 1961 (Ga. Laws 1961, p. 193), is hereby repealed in its entirety."

By adding a new Section to be designated Section 11 and to read as follows:

"Section 11. An Act entitled 'An Act to supplement the sal aries of the judges of the Superior Courts of the Cherokee Judicial Circuit $2,000.00 per annum,' approved February 25, 1949 (Ga. Laws 1949, p. 1643), is hereby repealed in its entirety.'

On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted.

Senator Pannell of the 54th offered the following amendment:
Amend HB 444 by striking from Section 2 the phrase "and the sec ond Mondays in August and November for Murray County", and sub stituting in lieu thereof the following: "and the fourth Monday in July and the second Monday in November for Murray County".

On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted.

The report of the Committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, the ayes were 37, nays 2.

THURSDAY, MARCH 14, 1963

1021

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 passed as amended the following bill of the Senate:

SB 31. By Senator Downing of the 1st:
A bill to amend Title 114 of the Code of Georgia, relating to the Work man's Compensation, so as to provide a time limitation for investigating and entering into agreements to pay compensation; and for other pur poses.

The House has disagreed to the Senate amendment to the following bill of the House:

HB 421. By Messrs. Mackay of DeKalb, Payton of Coweta, Discus of Muscogee and others:
A bill to establish and constitute the Study Commission on Industrial Loan Business; and for other purposes.
Mr. President:
The House has rejected the report of the Conference Committee on the fol lowing resolution of the House, and requests that a second Conference Combittee be appointed by the Senate to confer with a like Committee on the part of the House.

HR 21. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution creating the "Governor's Commission to Improve Educa tion"; to provide for appointment of members thereof and their tenure and expenses; to define the duties and powers of said Commission; and for other purposes.

1022

JOURNAL OF THE SENATE,

The Speaker has appointed as a second Committee of Conference on the part of the House, the following members:
Messrs. Richardson of Chatham, Parker of Screven, Melton of Spalding.

The following bill of the House was taken up for the purpose of considering House action thereon:

HR 21. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution creating the "Governor's Commission to Improve Educa tion"; to provide for apointment of members thereof and their tenure and expenses; to define the duties and powers of said Commission; and for other purposes.

The president appointed as a new Committee of Conference on the part of the Senate the following:

Senators Broun of the 46th, Lee of the 47th and Loggins of the 53rd.

The following resolutions were read and adopted:

SR 109. By Senators Maclntyre of the 40th and Kidd of the 25th:
A resolution requesting that a Centennial Medal be struck; and for other purposes.

SR 110. By Senator Maclntyre of the 40th: A resolution designating DeMolay Week; and for other purposes.

SR 111. By Senators Phillips of the 27th and Hunt of the 26th:
A resolution expressing appreciation to the Macon Telegraph and Macon News; and for other purposes.

SR 112. By Senator Broun of the 46th:
A resolution expressing regrets at the passing of Dr. Joseph Kenneth Patrick; and for other purposes.

THURSDAY, MARCH 14, 1963

1023

SR 113. By Senators Wesberry of the 37th and Salome of the 36th:
A resolution congratulating John Douglas Blankenship, president of the United States Junior Chamber of Commerce; and for other purposes.

SR 114. By Senator Pannell of the 54th: A resolution amending the Senate Rules; and for other purposes.

SR 115. By Senators Gayner of the 5th, Rowan of the 8th, Oliver of the 4th and Carter of the 14th:
A resolution petitioning the Congress of the United States to reject the changes in timber taxation proposed by the Secretary of the Treasury.

SR 116. By Senator Gordy of the 15th:
A resolution expressing appreciation to the Columbus Ledger and Co lumbus Inquirer; and for other purposes.

SR 117. By Senator Kidd of the 25th:
A resolution expressing appreciation to officials at Georgia Tech; and for other purposes.

HR 258. By Mr. Laite of Bibb:
A resolution relative to the State Highway Department to use domestic materials in construction and repairing roads and bridges; and for other purposes.

Senator Pelham of the 10th, Chairman of the Committee on Senate Admin istrative 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 82.

Respectfully submitted, Pelham of 10th District, Chairman.

1024

JOURNAL OP THE SENATE,

Senator Pannell of the 54th moved that the Senate do now adjourn until 9:30 o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 9:30 o'clock tomorrow morning.

FRIDAY, MARCH 15, 1963

1025

Senate Chamber, Atlanta, Georgia, Friday, March 15, 1963.

The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.

Scripture reading was offered by Reverend Truitt Gannon, pastor First Baptist Church, Avondale, Georgia.

Prayer was offered by Reverend Frank Coyle, pastor Montgomery Memorial Baptist Church, Gainesville, Georgia.

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

Senator Pelham of the 10th reported that the journal of yesterday's pro ceedings had been examined and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Pannell of the 54th 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:

1026

JOURNAL OF THE SENATE,

SB 172. By Senator Phillips of the 27th:
A bill to amend Code section 47-102, relating to Senatorial Districts, as amended, so as to change the division line in Bibb County between the 26th and 27th Senatorial Districts; and for other purposes.
Referred to Committee on Rules.

SB 173. By Senator Wesberry of the 37th:
A bill to provide an office of local affairs; to declare the intent of the legislature in providing for said office; and for other purposes.
Referred to Committee on Rules.

SB 174. By Senator Johnson of the 42nd:
A bill to prohibit the sale of alcoholic or spirituous liquors or beverages upon or within 500 yards of any church, school or college grounds; to prohibit the issuance of any license to sell or serve alcoholic or spirituous liquors or beverages at a place of business within such distance; to provide criminal penalties; and for other purposes.
Referred to Committee on Temperance.

Senator Johnson of the 42nd moved that SB 174 be engrossed.

On the motion to engross, the ayes 35, nays 1, and the motion prevailed.

The following bills and resolutions were read the second time.

SB 168. By Senator Wesberry of the 37th:
A bill to provide for the voting for presidential and vice-presidential electors by those residents in this State who move their residence else where; and for other purposes.

SB 169. By Senator Wesberry of the 37th:
A bill to provide for the safety of life, limb and property and to promote the public welfare; to define elevators, dumbwaiters, escala tors, and their hoistways, and to provide for the registration, inspection, submission of plans and construction thereof; and for other purposes.

FRIDAY, MARCH 15, 1963

1027

SB 170. By Senator Maclntyre of the 40th:
A bill establishing a Minimum Foundation Program of Education in Georgia, so as to make the determination of teacher-pupil ratios per missive with the State Department of Education; to repeal conflicting laws; and for other purposes.

SB 171. By Senator Johnson of the 42nd:
A bill to declare a public interest in setting apart one particular day of the week as a day of common observance for purposes beneficial to the public welfare; and for other purposes.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House had passed by substitute as amended the following bill of the Senate:

SB 164. By Senators Gillis of the 20th and Pannell of the 54th:
A bill to amend an act establishing a retirement system for school teachers, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to change the minimum floor for teachers who retired prior to July 1, 1961; to repeal conflicting laws; and for other purposes.

The House has agreed to the Senate amendments to the following bills of the House:

HB 585. By Messrs. Bell, Hull and Fleming of Richmond:
A bill to amend an act to abolish justice courts and establish a Municipal Court for the City of Augusta; and for other purposes.

HB 467. By Mr. Rhodes of Baker: A bill to place the Clerks of the Superior Court and the ordinaries of certain counties on a salary in lieu of the fee system of compensation; and for other purposes.
HB 468. By Mr. Rhodes of Baker: A bill an Act to repeal an act to provide for compensation of persons holding office of tax collector in certain counties; and for other purposes..

1028

JOURNAL OF THE SENATE,

HB 461. By Mr. Warren of Wayne:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Wayne County; and for other purposes.

HB 479. By Mr. Wilkes of Cook:
A bill creating a Small Claims Court in counties having a population of not less than 11,775 and not more than 11,944; and for other purposes.

HB 529. By Messrs. Flournoy, Teague and Wilson of Cobb:
A bill to amend an act creating a new charter for the City of Smyrna, in order to change one of the punishments authorized from said charter from $100.00 to $300.00; and for other purposes.

HB 143. By Messrs. Shea, Funk and Richardson of Chatham:
A bill to amend the several acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; and for other purposes.

HB 177. By Messrs. Smith of Grady, Rutland of DeKalb, and others:
A bill to amend an act providing for grants to certain incorporated municipalities, so as to provide for the purposes for which grants may be made; and for other purposes.

The House has agreed to the Senate substitutes to the following bills of the House:

HB 518. By Messrs. Smith of Grady, Bolton of Spalding, and others: A bill to provide that it shall be unlawful to display any sign or em blem purporting to convey the impression that the owner thereof is a member of the Governor's Staff without written permission; and for other purposes.
HB 306. By Messrs. Fleming and Bell of Richmond: A bill to amend an act relating to the subject of divorce, to clarify same in regard to insane persons; and for other purposes.
HR 163. By Messrs. Smith of Habersham, Pope of Cherokee, and others: A resolution proposing an amendment to the Constitution, so as to authorize scholarships for dental students; and for other purposes.

FRIDAY, MARCH 15, 1963

1029

The House has passed by the requisite constitutional majority the following bills and resolutions of the Senate to-wit:

SB 121. By Senator Downing of the 1st:
A bill to provide that the month of February shall be designated as American History Month in the State of Georgia; and for other purposes.

SB 147. By Senator Zorn of the 6th:
A bill to amend an act relating to the punishment of any person who shall desecrate the burial place of any human body, so as to redefine the penalty; and for other purposes.

SB 55. By Senator Fuqua of the 22nd:
A bill to amend an act regulating advertising, so as to provide that no person, firm, corporation, or association may place deceptive ad vertising before the public.

SB 86. By Senators Miller of the 50th, Smalley of the 28th, and Johnson of the 42nd:
A bill to amend an act entitled the "Georgia Industrial Loan Act", so as to provide the procedure for relocation of loan offices; and for other purposes.

SB 140. By Senator Noble of the 19th:
A bill to amend an act creating a new charter for the City of Rochelle, so as to provide for the payment of a salary for the mayor and alder men of the City of Rochelle; and for other purposes.

The House has passed as amended, the following bills of the Senate:

SB 40. By Senator Conway of the 41st:
A bill to provide for the wearing of badges by poll workers, and for other purposes.

SB 7. By Senator Miller of the 50th:
A bill to amend Code Section 32-1004, relating to the qualifications of county school superintendents, so as to change such qualifications; and for other purposes.

1030

JOURNAL OF THE SENATE,

The House has adopted the second Conferees' Report on the following Reso lution of the House, to-wit:

HR 21. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution creating the "Governor's Commission To Improve Educa tion"; to provide for appointment of members thereof and their tenure and expenses; to define the duties and powers of said Commission; and for other purposes.

The House has disagreed to the Senate Substitute to the following bill of the House, to-wit:

HB 247. By Messrs. Paris of Barrow, Knight of Berrien, Abney of Walker, Brooks of Oglethorpe, Murphy of Haralson, Mixon of Irwin, and others:
A bill to provide that an insurer who settles a claim or suit on behalf of an insured shall do so in the capacity of an independent contractor; to provide that such settlement shall not affect the rights of an in sured against a third party; and for other purposes.

The House has adopted the following resolution of the Senate:

SR 125. By Senators Brown of the 34th, Kidd of the 25th and others:
A resolution expressing regrets and sympathy upon the death of Mrs. Marion C. Blankenship; and for other purposes.

The following reports of committees were submitted, and read by the Secretary:
Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted 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 240. Do Pass. HB 632. Do Pass. HR 57. Do Pass.

FRIDAY, MARCH 15, 1963

1031

HB 636. Do Pass. HB 650. Do Pass. HB 422. Do Pass. HB 638. Do Pass. HR 185. Do Pass. HB 562. Do Pass.

Respectfully submitted, Rowan of 8th District, Secretary.

Mr. Smalley of the 28th 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 265. Do Pass, as Amended. HB 140. Do Pass. HB 581. Do Not Pass. HB 528. Do Pass as Amended.
Respectfully submitted, Smalley of 28th District, Chairman.

Mr. Gillis of the 20th District, Chairman of the Committee on Appropria tions, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the fol lowing resolutions of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HR 155. Do Pass. HR 125. Do Pass. HR 216. Do Pass. HR 192. Do Pass.

1032

JOURNAL OF THE SENATE,

HR 181. Do Pass. HR 156. Do Pass. HR 196. Do Pass. HR 218. Do Pass.

Respectfully submitted, Gillis of 20th District, Chairman.

Mr. Miller of the 50th District, Chairman of the Committee on Health & Welfare, submitted the following report:
Mr. President:
Your Committee on Health & 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 429. Do Pass, as Amended. HB 561. Do Pass. HB 224, Do Pass.
Respectfully submitted, Miller of 50th District, Chairman.

Mr. Carter of the 14th 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 of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 443. Do Pass. HB 477. Do Pass. HB 613 Do Pass. HB 657. Do Pass.
Respectfully submitted, Carter of 14th District, Chairman.

FRIDAY, MARCH 15, 1963

1033

Mr. Logging of the 53rd 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 Chair man, to report the same back to the Senate with the following recommenda tions:
HB 409. Do Pass.
HB 511. Do Pass.
Respectfully submitted,
Loggins of 53rd District,
Chairman.

Mr. Hall of the 52nd District, Chairman of the Committee on Penal and Correctional Affairs, submitted the following report:

Mr. President:

Your Committee on Penal and Correctional Affairs has had under con sideration 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 449. Do Pass.

Respectfully submitted,

Hall of 52nd District,

Chairman.

Mr. Brown of the 34th District, Chairman of the Committee on County and Municipal Government, submitted the following report:
Mr. President:
Your Committee on County and Municipal Government 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 68. Do Pass. HB 634. Do Pass. HB 644. Do Pass.
Respectfully submitted, Brown of 34th District, Chairman.

1034

JOURNAL OF THE SENATE,

The following bill of the Senate was taken up for the purpose of con sidering House action thereto:

SB 40. By Senator Conway of the 41st:
A bill to provide for the wearing of badges by poll workers; to repeal conflicting laws; and for other purposes.

The House amendment was as follows:
Harris of DeKalb moves to amend SB 40 as follows:
By striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. All authorized managers, assistant managers and clerks conducting any election within this State shall display in a conspicuous manner upon their persons a badge divulging the per son's name and position or function with respect to the election being conducted."
By striking from Section 2 the words "poll workers" and inserting in lieu thereof the word "persons".

Senator Conway of the 41st moved that the House amendment to SB 40 be agreed to.

On the motion, the ayes were 30, nays 0, and the amendment was agreed to.
The following bill was taken up for the purpose of considering a House amendment thereto:
SB 114. By Senator Kidd of the 25th: A bill to establish and create the Civil and Criminal Court of Baldwin County, Georgia, in lieu of the County Court of Baldwin County; to define its jurisdiction and powers; and for other purposes.
The House amendment was as follows:
The Committee on Local Affairs moved to amend SB 114. By adding in the title thereof after the clause "to repeal certain Acts
relating to the County Court of Baldwin County;" the following language:

FRIDAY, MARCH 15, 1963

1035

"to provide for severability;"

By adding in the title thereof after the clause "to provide for an effective date;" the following language:

"to provide for a referendum;"

By striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows:

"Section 7. In the event one-half or more of the votes cast in the referendum as provided in Section 39 of this Act are for the approval of this Act establishing and creating a Civil and Criminal Court of Baldwin County, not less than 140 days nor more than 150 days after the date of the approval of this Act by the Governor, or after its otherwise becomes law, it shall be the duty of the ordinary of Baldwin County to issue the call for an election for the purpose of election the judge and solicitor of the Civil and Criminal Court of Baldwin County. The ordinary shall set a date for such election for a day not less than 10 nor more than 20 days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Baldwin County.

"The election shall be conducted by the ordinary of Baldwin County, in conformity with those provisions as are provided by law which are applicable to such special elections. At said special election the judge and solicitor of the Civil and Criminal Court of Baldwin County shall be elected to serve from September 15, 1963, until January 1, 1965 and until their successors are elected and qualified. Their successors shall be elected by the qualified electors of Baldwin County at the general election held in 1964 and every four years thereafter. All vacancies in the office of judge and solicitor of said court shall be filled by an appointment by the Governor and shall be for the unexpired term."

By striking Section 28 in its entirety and inserting in lieu thereof a new Section 28 to read as follows:

"Section 28. Jury Panels -- All laws with reference to the qualifications, impaneling, challenging and fining jurors now in force or hereafter to be enacted in the superior courts, shall be of force in said Civil and Criminal Court of Baldwin County, except when inconsistent with this Act. In cases which are to be tried by juries the parties shall be entitled to the panel of sixteen from which to strike. In civil cases the plain tiff and defendant shall be entitled to two peremptory strikes each side, and in criminal cases the defendant shall be entitled to three strikes and the state to one peremptory strike, and all laws and rules governing the selection of jurors in the superior courts shall be of force in said Civil and Criminal Court of Baldwin County unless inconsistent with this Act."

1036

JOURNAL OF THE SENATE,

By striking Section 29 in its entirety and inserting in lieu thereof a new Section 29 to read as follows:

"Section 29. New Trials -- The Judge of the Civil and Criminal Court of Baldwin County shall have the authority to grant new trials in all cases tried in said court, both civil and criminal, upon the same terms and conditions, and under the same laws and regulations, in every respect governing the granting of new trials in the superior courts, and all rules and laws of pleading and practice and procedure, governing motions for new trials shall apply to and govern the same in said Civil and Criminal Court of Baldwin County."

By striking Section 30 in its entirety and inserting in lieu thereof a new Section 30 to read as follows:

"Section 30. Appeals -- Either party dissatisfied with the judgment of the court after the making and hearing of a motion for a new trial may apply for and obtain a writ of certiorari, by petition to the judge of the superior court of Baldwin County, in which petition it shall plainly and distinctly set forth the errors complained of, and all after-proceedings shall be under the same rules and regulations as are now or may hereafter be established by law for the granting of writs of certiorari from the Justice
Court."

By renumbering Section 38 as Section 40.

By adding a new Section 39 to read as follows:

"Section 38. The provisions of this Act shall become effective on September 15, 1963."

By adding a new Section 39 to read as folows:

"Section 39. Not less than 10 nor more than 20 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 Bald win County to issue the call for an election for the purpose of submitting this Act to the voters of Baldwin County for approval or rejection. The Ordinary shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks im mediately preceding the date thereof, in the official organ of Bald win County. The ballot shall have written or printed thereon the
words:

'For approval of the Act establishing and creating a Civil and Criminal Court of Baldwin County, Georgia, in lieu of the County Court of Baldwin County.'

FRIDAY, MARCH 15, 1963

1037

'Against approval of the Act establishing and creating a Civil and Criminal Court of Baldwin County Georgia, in lieu of the County Court of Baldwin County.'

"All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Baldwin 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 Kidd of the 25th moved that the Senate disagee to the House amendment to SB 114, and that a Committee of Conference be appointed.

The president has appointed as a Committee of Conference on the part of the Senate the following:

Senators Knox of the 24th, Kidd of the 25th and Hunt of the 26th.

The following local, uncontested bills and resolutions, favorably reported by the committees, were read the third time, and put upon their passage:

HB 653. By Mr. Barber of Jackson:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues of Jackson County, relating to the Commissioner's salary; and for other purposes.

The Committee on County and Municipal Governments offered the follow ing substitute:
A BILL
To be entitled an Act To amend an Act creating the Board of Commissioners of Roads and Revenues of Jackson County, Georgia, approved December 18, 1901 (Ga. Laws 1901, p. 257), as amended, particularly by an Act approved August 28, 1931 (Ga. Laws 1931, p. 487), and an Act aproved February 2, 1945 (Ga. Laws 1945, p. 552),

1038

JOURNAL OP THE SENATE,

and an Act approved March 3, 1962 (Ga. Laws 1962, p. 3000), so as to change the method of compensation; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1
An Act creating the Board of Commissioners of Roads and Revenues of Jackson County, Georgia, approved December 18, 1901 (Ga. Laws 1901, p. 257), as amended, particularly by an Act approved August 28, 1931 (Ga. Laws 1931, p. 487), and an Act approved February 2, 1945 (Ga. Laws 1945, p. 552), and an Act approved March 3, 1962 (Ga. Laws 1962, p. 3000), is hereby amended by strik ing Section 8 of said Act in its entirety and inserting in lieu thereof a new Section 8 to read as follows:

"Section 8. Be it further enacted by the authority aforesaid that beginning April 1, 1963, the members of the board of com missioners of roads and revenues of Jackson County, Georgia, other than the chairman of said board, shall each receive a total salary of forty ($40.00) dollars per month and ten ($10.00) dollars per month for travel and other expenses.

"Beginning April 1, 1962, the chairman of the board of com missioners of roads and revenues of Jackson County, Georgia, shall receive in addition to the present monthly salary an amount equal to $33.34 per month provided, however, that the salary be no more nor any less than $200.00 per month for full-time serv ices.

"Beginning April 1, 1963, the chairman shall be compensated an additional amount of $150.00 per month as salary for fulltime service. Provided however before this increase shall be paid in any month the duties provided for in section 2A of this Act as amended shall have been performed.

"The salaries of the chairman and the members of the board of commissioners of roads and revenues of Jackson County, Geor gia and the reimbursement for mileage to the members shall be paid out of the treasury of Jackson County by the commissioners of roads and revenues of Jackson County. The board of commis sioners shall submit through their chairman to the grand jury of the county, at the spring term of the superior court in each year, a statement in writing of all matters relating to the fin ancial condition of the county, its roads, bridges, public buildings and paupers, with such suggestions in regard to county affairs as they may deem proper. Said board shall make all repairs of public buildings without recommendation of the grand jury. The record of the proceedings of the board shall be open at all times to the inspection of any citizen of the county. Each outgoing

FRIDAY, MARCH 15, 1963

1039

board shall turn over at the expiration of their term of office all records, books, papers and other property of the county to their successors in office."

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 30, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 124. By Mr. Smith of Grady:
A bill to amend an Act creating a Small Claims Court in certain counties; and for other purposes.

The report of the committee, which was favorable to the passage of the 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 456. By Messrs. Smith and Mitchell of Whitfield:
A bill to amend an Act authorizing the Ordinary or anyone performing the duties of the Ordinary to use photostatic equipment in recording documents, so as to require that photographic recording equipment be installed in certain counties; and for other purposes.

1040

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.
HB 464. By Messrs. Lane and Nessmith of Bulloch: A bill relating to fees paid to coroners, so as to change the compensa tion for coroners 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 pasage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 469. By Messrs. Harris, Mackay and Rutland of DeKalb:
A bill to amend an Act providing a method of fixing salaries of Court Bailiffs in certain counties, so as to change the population require ments from 200,000 to 500,000 inhabitants or more; and for other pur poses.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 502. By Mr. Etheridge of Fulton:
A bill to fix the salary of the Sheriff in counties having a population of 500,000 or more; and for other purposes.

FRIDAY, MARCH 15, 1963

1041

The report of the committee, which was favorable to the passage of the f| 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 569. By Mr. Tucker of Catoosa:
A bill to amend an Act creating the Town of Fort Oglethorpe, in the counties of Walker and Catoosa, so as to provide for the division of the town into wards; and for other purposes.

The report 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 576. By Mr. Matthews of Clarke:
A bill to amend an act establishing Juvenile Courts 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 589. By Messrs. Fleming, Hull and Bell of Richmond:
A bill to amend an act to provide an additional compensation for the solicitor-general of certain judicial circuits; and for other purposes.

1042

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.

HB 625. By Mr. Singer of Stewart:
A bill to authorize counties having a population between 7,367 and 7,377 to elect county officials and the member of the House of Representatives to the General Assembly by a majority of the popular votes in the County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 570. By Mr. Tucker of Catoosa:
A bill to amend an Act relating to the Mayor and Alderman of the Town of Fort Oglethorpe; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 590. By Messrs. Fleming, Hull and Bell of Richmond:
A bill to provide for the appointment of two Superior Court Reporters to Judges of Superior Courts in counties having a population of 115,000 to 140,000; and for other purposes.

FRIDAY, MARCH 15, 1963

1043

The report 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 603. By Mr. McClelland of Fulton:
A bill to amend an Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County; so as to give credit for prior service rendered as a teacher in any public school 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 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 604. By Mr. Singer of Stewart:
A bill to consolidate all of the laws chartering the Town of Omaha in the County of Stewart; and for other purposes.

The report 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 606. By Messrs. Snow and Abney of Walker:
A bill incorporating the City of LaFayette in the County of Walker, so as to provide for the power of eminent domain; and for other purposes.

1044

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 39, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 607. By Messrs. Williams and Overby of Hall: A bill to amend an Act creating the Board of Commissioners of Roads and Revenues in Hall 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 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 608. By Messrs. Lee and Blalock of Clayton:
A bill to amend an Act creating the Clayton County Water Authority, so as to change the composition of the membership of the Authority; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 36, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 609. By Mr. McGarity of Henry:
A bill to amend an Act providing for the compensation of the county Treasurer in counties having a population of not less than 17,600 and not more than 17,700; and for other purposes.

FRIDAY, MARCH 15, 1963

1045

The report 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 611. By Messrs. Killian and Isenberg of Glynn:
A bill to create a Court to be known as the "Magistrate's Court of Glynn County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 36, nays 0.

The bill, having received the requisite constitutional majority, was passed.

614. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill to create the Albany High School Stadium Authority and to authorize such Authority to acquire, construct, equip, an athletic stadium and the usual facilities related 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 29, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 615. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill to authorize the City of Albany and the County of Dougherty to jointly acquire, either by donation, purchase or eminent domain, such lands and buildings as the City of Albany and the County of Dougherty may from time to time determine is necessary for the joint

1046

JOURNAL OP THE SENATE,

use of the City of Albany and the County of Dougherty; and for other purposes.

The report 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 616. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill providing for the merger of the then-existing independent school system of the City of Albany and the then-existing school district of the County of Dougherty lying outside the corporate limts 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 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 617. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill to authorize the City of Albany and the County of Dougherty to appropriate money from their general funds to the Board of Educa tion of Dougherty County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 15, 1963

1047

HB 618. By Mr. Busbee of Dougherty:
A bill to amend an Act creating and establishing a new charter for the City of Albany by providing that upon the petition of the owners of 75% of the property adjacent to any alley within the fire zone, the draining may be done and costs assessed against the owners of adjacent lands; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 619. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill to provide for official bonds of the Marshal or Chief and other personnel of the City of Albany Police 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 40, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 620. By Messrs. Odom, Lee and Busbee of Dougherty:
A bill to amend an Act creating and establishing a new charter for the City of Albany, relating to wards; and for other purposes.

The report 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.

1048

JOURNAL OF THE SENATE,

HB 621. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill to amend an Act creating the new charter for the City of Albany, 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 35, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 624. By Messrs. McClelland and Etheridge of Fulton:
A bill to amend an Act abolishing all Justice Courts and the Office of Justice of the Peace in the City of Atlanta, to create the position of Judge Emeritus of 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 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 628. By Messrs. Knight of Berrien, Wilkes of Cook, Henderson of Atkinson and Lee of Clinch;
A bill to amend an Act abolishing the fee system existing in the Su perior Courts of the Alapaha Judicial Circuit, so as to provide for the payment of expense to 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 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 15, 1963

1049

HB 629. By Mr. Wilson of Brantley:
A bill to create the office of Commissioner of Roads and Revenues of Brantley County, so as to change the compensation of 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 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 631. By Mr. Deen of Bavon:
A bill creating a new charter for the City of Alma; 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 633. By Messrs. Shea, Richardson and Funk of Chatham: A bill to amend an Act incorporating the Town of Pooler; and for other purposes.
The report 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.

1050

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

HB 635. By Mr. McGarity of Henry:
A bill to amend an Act to consolidate, amend and codify the various Act incorporating the Town of McDonough, 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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 639. By Mr. McGarity of Henry:
A bill to amend an Act incorporating the Town of McDonough, now the City of McDonough; and for other purposes.

The report 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 643. By Mr. Smith of Habersham:
A bill to amend an act creating a Board of Commissioners for Haber sham County, so as to change the compensation of the Board of Com missioners; and for other purposes.

The Committee on County and Municipal Governments offered the follow ing amendment:
Amend HB 643 by striking from section 2, line six, the words "in the aggregate".

FRIDAY, MARCH 15, 1963

1051

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 646. By Messrs. Overby and Williams of Hall:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Hall County, so as to authorize the Board to adopt traffic ordinances or regulations to control traffic upon the streets; and other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 646 by inserting between the third semi-colon and the words "to repeal" found in the title of said Bill, the following words, "to provide for certain exceptions to the provisions of this Act;".
By striking the period at the end of the first sentence of the quoted matter in Section 1 of said Bill and inserting in lieu thereof a semi colon followed by the words: "provided, however, that no railway or railroad lying within Hall County and passing through said county shall be affected by the provisions of this Section or by ordinances enacted pursuant to the authority granted to the Board of Commis sioners of Roads and Revenues of Hall County by this Section."

On the adoption of the amendment, the ayes were 30, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

1052

JOURNAL OP THE SENATE,

HB 634. By Mr. McGarity of Henry:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Henry 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 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 654. By Mr. Barber of Jackson:
A bill to amend an act incorporating the City of Commerce; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 655. By Mr. Barber of Jackson:
A bill to amend an act incorporating the City of Hoschton, so as to remove certain property from 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 36, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 15, 1963

1053

HB 642. By Mr. Smith of Forsyth:
A bill to create a one member Commissioner of Roads and Revenues for Forsyth 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.
HB 647. By Messrs. Overby and Williams of Hall: A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Hall County, so as to authorize the Board to con struct roads; and for other purposes.
The report 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 648. By Messrs. Overby and Williams of Hall:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Hall County, so as to authorize the Board to con struct sanitary sewers within any unincorporated areas of the county 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 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1054

JOURNAL OF THE SENATE,

HB 649. By Messrs. Fleming, Hull and Bell of Richmond:
A bill to amend the charter of the City of Augusta, so as to create a Board of Civil Service Commission for the City Council 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 29, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 652. By Mr. Sangster of Dooly: A bill to amend an Act to abolish the offices of Tax Collector and Tax Receiver in the County of Dooly, so as to change the salary of the Tax Commissioner; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 663. By Mr. Reaves of Brooks:
A bill to amend an Act creating a Board of Commissioners of Brooks County relating to the compensation of the 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 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 15, 1963

1055

HB 656. By Mr. Barber of Jackson:
A bill to amend an act creating a Board of County Commissioners for the County of Jackson, relating to the distribution of U. S. Depart ment of Agriculture surplus commodities; and for other purposes.

The Committee on County and Municipal Governments offered the following substitute:
A BILL
To be entitled an Act to amend an Act entitled "An Act to create a board of county commissioners for the county of Jackson; to prescribe the mode of their election; to fix their compensation and to define their powers and duties, and for other purposes.", approved December 18, 1901 (Ga. Laws 1901, p. 257), as amended, so as to provide that it shall be the duty of the Board of Commissioners of Roads and Revenues for the County of Jackson, upon recommendation of a Jackson County Grand Jury, to provide for the distribution of United States Depart ment of Agriculture surplus commodities in Jackson County; to provide that the Board of Commissioners of Roads and Revenues of said County shall have power and authority to provide the necessary facilities, as sistance and expenses for the purpose of carrying out said duties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
An Act entitled "An Act to create a board of county commissioners for the county of Jackson; to prescribe the mode of their elections; to fix their compensation and to define their powers and duties, and for other purposes.", approved December 18, 1901 (Ga. Laws 1901, p. 257), as amended, is hereby amended by adding a new Section thereto to be known as Section 2A to read as follows:
"2A. It shall be the duty of the members of the Board of Com missioners of Roads and Revenues for the County of Jackson, upon recommendation of a Jackson County Grand Jury, to provide, fur nish facilities and necessary manpower for distribution of United States Department of Agriculture surplus commodities in Jackson County. The said Commissioners of Roads and Revenues are hereby empowered and authorized to, and they shall furnish the necessary facilities, assistance and expenses for distributiong the United States Department of Agriculture surplus commodities in Jackson County to those who are eligible.
"Such man power that is already within the control of and/or is already employed by the Commissioners of Roads and Revenues may be used for the distribution of the surplus commodities so as not to incur additional and/or unnecessary expense to the County.

1056

JOURNAL OF THE SENATE,

"Such facilities as are under the control of the Commissioners of Eoads and Revenues may also be used in the distribution of the sur plus commodities so as not to incur additional and/or unnecessary expense to the County

"The Board of Commissioners of Roads and Revenues may, in its discretion, initiate such program without a recommendation from the Grand Jury, provided, however, that where such program is initiated by the Board, or on the recommendation of the Grand Jury, the Board shall not permanently discontinue such program without a recommendation by the Grand Jury that such program be terminated."

SECTION 2

All laws and parts of laws in conflict with this Act are hereby re pealed.

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 30, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 664. By Mr. Snow of Walker:
A bill to amend the charter of the City of Rossville; to authorize the mayor and council to levy and collect a tax of not more than $1.50 on every $100.00 of the assessed value of all 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 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 15, 1963

1057

HB 665. By Mr. Snow of Walker:

rj

A bill to amend the charter of the City of Rossville, so as to authorize

*'

the Mayor and Council to levy and collect a tax of not more than $1.50

on every $100.00 of the assessed value upon all 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 29, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 667. By Messrs. Groover, Laite and House of Bibb:
A bill to amend an act to establish a Board of Commissioners for 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 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 668. By Messrs. Groover, Laite and House of Bibb:
A bill to amend an act codifying all former acts relating to and dealing with the Municipal Court of the City of Macon, so as to establish and create in lieu thereof a Civil Court of 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 40, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1058

JOURNAL OF THE SENATE,

HB 669. By Messrs. Harris, Rutland and Mackay of DeKalb:
A bill to amend an act known as the Urban Redevelopment Law in counties having a population of 250,000 and not more than 500,000; 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 673. By Mr. Byrd of Walton: A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Walton County, so as to provide that the Board may employ persons to conduct a tax equalization program for 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 29, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 674. By Mr. Mixon of Irwin:
A bill to abolish the offices of Tax Receiver and Tax Collector of Irwin County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 15, 1963

1059

HB 675. By Messrs. House, Groover and Laite of Bibb:
A bill directing the City of Macon to close, vacate, abandon and discon tinue the use of a portion of the Old City Cemetery, located in and ad jacent to Square 35, Old City, in the City of Macon, for cemetery pur poses; and for other purposes.

The report 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 676. By Mr. Jones of Worth:
A bill to amend an act to create a new charter for the City of Sylvester; and for other purposes.

The report 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 677. By Messrs. Walker and Gibbons of Lowndes:
A bill to amend the charter of the City of Valdosta, relating to 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 31, nays 0,

The bill, having received the requisite constitutional majority, was passed.

1060

JOURNAL OF THE SENATE,

HB 678. By Messrs. Walker and Gibbons of Lowndes:
A bill to amend an act establishing a system of public schools in the City of Valdosta; and for other purposes.

The report 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 679. By Mr. Roper of Greene:
A bill to create the Greene 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 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 680. By Messrs. McClelland and Etheridge of Pulton:
A bill to amend an act which provides for the retirement and payment of pensions to the Judges and Solicitor General of the Criminal Court of Fulton County, the Judges of the Civil Court of Fulton County and the Judge of the Juvenile 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 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 15, 1963

1061

HB 681. By Messrs. Mackay, Rutland and Harris of DeKalb:
A bill to authorize the solicitor-general of the Superior Court in certain counties to appoint certain investigators; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 682. By Messrs. Ballard and Morgan of Newton.
A bill to create a Board of Commissioners of Roads and Revenues for Newton 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 683. By Messrs. Mackay, Rutland and Harris of DeKalb:
A bill to amend an act revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County and creating a Chairman and Board of Commissioners of Roads and Revenues for DeKalb County, so as to delete the provision excepting businesses subject to regulation by the State Public Service Commission from the assess ment of license 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 29, nays 0. The bill, having received the requisite constitutional majority, was passed.

1062

JOURNAL OF THE SENATE,

HR 96. By Mr. Causby of Gordon:
A resolution authorizing and directing the State Librarian to furnish certain law books to the Ordinary of Gordon 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.

HR 205. By Mr. Houston of Pierce:
A resolution authorizing and directing the State Librarian to furnish certain law books to the ordinary of Pierce County; and for other purposes.

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

On the adoption of the resolution, the ayes were 35, nays 0.

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

HR 219. By Messrs. Mackay, Rutland and Harris of DeKalb:
A resolution to create for the citizens of DeKalb County a commission to study the administration of justice; and for other purposes.

Senators Conway of the 41st, Johnson of the 42nd and McWhorter of the 43rd offered the following amendment:
Amend HR 219 by striking from Section 1 the names "Jack Smith, Solicitor, Civil and Criminal Court, DeKalb County" and "Sara Prances McDonald, Past President, Georgia Association of Women Lawyers" and adding to Section 1 the following names:
"William E. Zachary
C. L. Peeler, Jr.
Dan E. McConaughey"
and by striking from the first line of Section 1 the word "ten" and insert-

FRIDAY, MARCH 15, 1963

1063

ing in lieu thereof the word "nine," and by striking from the second line of page 2, the word "four" and inserting in lieu thereof the word "three," and by adding to sub-section (a) of Section 2, after the word "jurisdiction" the words "and procedures."

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the adoption of the reso lution, was agreed to as amended.

On the adoption of the resolution, the ayes were 38, nays 0.

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

Senator Jackson of the 16th asked unanimous consent that HR 219 be immedi ately transmitted to the House.

The consent was granted.

HR 234. By Messrs. Mackay, Harris and Rutland of DeKalb:
A resolution to create for the citizens of DeKalb County a commission to study public safety; and for other purposes.

Senators Conway of the 41st, Johnson of the 42nd and McWhorter of the 43rd offered the following amendment:
Amend HR 234 by inserting in Section 1 the following names: "Cicero Johnston (Mayor) Alton Roberts, Jr. Clark Harrison, Jr. O. E. Myers, Sr. John S. Thibadeau Gilbert C. McLemore Eugene T. Branch James B. Hiers, Jr.

1064

JOURNAL OF THE SENATE,

Arthur Bishop Mrs. Paul G. Mayer."

On the adoption of the amendment, the ayes were 30, nays 0, and the amend ment was adopted.

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

On the adoption of the resolution, the ayes were 30, nays 0.

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

The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:

HR 145. By Mr. Murphy of Haralson:
A resolution to authorize conveyance of certain property in Buchanan, Georgia, Haralson County, to the Board of Education of Haralson 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 rseolution, the ayes were 38, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
HB 348. By Messrs. Twitty of Mitchell, Underwood of Montgomery, Stalnaker of Houston and others: A bill to provide for a Sheriff's Retirement Fund of Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, MARCH 15, 1963

1065

On the passage of the bill, the ayes were 33, nays 6.

The bill, having received the requisite constitutional majority, was passed.

HB 398. By Messrs. Smith of Grady, Busbee of Dougherty, Bolton of Spalding, Andrews of Stephens and Rutland of DeKalb:
A bill to amend an act relating to general provisions concerning banks and banking, so as to define "city," "town" and "village"; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 36, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 31. By Senator Downing of the 1st:
A bill to amend Title 114 of the Code of Georgia, relating to Workmen's Compensation, as amended, so as to provide a time limitation for inves tigating and entering into agreements to pay compensation; and for other purposes.

The House amendment was as follows:
The Committee on Industrial Relations moved to amend SB 31 by striking from the fifth line of Section 15 of said bill following the figures and word "114-710 Appeals" the words "to superior court."

Senator Holloway of the 12th moved that the Senate agree to the House amendment to SB 31.
On the motion, the ayes were 35, nays 0, and the amendment was agreed to.

1066

JOURNAL OF THE SENATE,

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 247. By Messrs. Paris of Barrow, Knight of Berrien, Abney of Walker, and others:
A bill to provide that an insurer who settles a claim or suit on behalf of an insured shall do so in the capacity of an independent contractor; to provide that such settlement shall not affect the rights of an insured against a third party; and for other purposes.

Senator Smalley of the 28th moved that the Senate insist on its position in offering a substitute to HB 247, and that a Committee of Conference be appointed.

The president appointed as a Committee of Conference on the part of the Senate the following:

Senators Smalley of the 28th, Phillips of the 27th and Johnson of the 42nd.

The following bill was taken up for the purpose of considering House amend ments thereto:

SB 7. By Senator Miller of the 50th:
A bill relating to the qualifications of county school superintendents, so as to change such qualifications; and for other purposes.

The House amendments were as follows:

Mr. Melton of Spalding moves to amend SB 7 as follows:
By striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. Code Section 32-1004, relating to the qualifications of county school superintendents, is hereby amended by striking said Section in its entirety and inserting in lieu thereof a new Section 32-1004, to read as follows:
"32-1004. Before any person shall be qualified or eligible to hold office of the county superintendent of schools he shall have earned and hold a five-year degree from an accredited college or university, or shall have not less than a four-year degree earned

FRIDAY, MARCH 15, 1963

1067

and held from an accredited college or university and shall have registered for courses leading toward obtaining the requirements of a five-year certificate, and shall have had not less than three years of actual teaching or education administration experience, and, shall be a person of good moral character, never convicted of any crime involving moral turpitude. Before being eligible to qualify for election, candidates for the position of county superintendent of schools must file with the State Board of Education, a certificate under oath, showing qualification hereunder."

Mr. Melton of Spalding moves to amend SB 7 as follows: "By adding a comma after the word "Act" in Section 2 and adding
the following:
"nor shall it apply to any person who has served at least one term as a county superintendent of schools."

Mr. Duncan of Carroll moves to amend SB 7 by adding after the word "schools" in line 7 the following:
"he shall be a citizen of the county."

Mr. Killian of Glynn moves to amend SB 1 by adding at the end of Section of Section 1 the following words:
"Provided, that this Act shall not affect any school system in exist ence prior to the adoption of the Constitution of 1877, nor any Superin tendent of Schools of any such school system."

Senator Miller of the 50th moved that the Senate disagree to the House amendments to SB 7, and that a Committee of Conference be appointed.

On the motion to disagree, the ayes were 33, nays 0, and the motion prevailed.

The president appointed as a Committee of Conference on the part of the Senate the following:
Senators Miller of the 50th, Kendrick of the 32nd and Ellis of the 44th.

HB 352. By Mr. Lee of Clinch: A bill to provide that it shall be unlawful to own, possess, use, maintain

1068

JOURNAL OF THE SENATE,

or operate pinball machines or similar machines in the State of Georgia; and for other purposes.

The Committee on Rules offered the following amendment:
Amend HB 352 by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. Nothing herein shall be construed to require any political subdivision to license or permit the operation of the devices defined in Section 1 (b). Provided, however, that any political sub division shall have the power in its discretion to issue and charge for licenses for the purpose of operating the devices defined in Section 1 (b)."
By striking from Subsection (b) of Section 2 the words "one-half mile of any school ground or college or university campus in this State" and inserting in lieu thereof the words "1000 feet of any grammar or high school ground or campus."
By adding a new section to be known as Section 5 and to read as follows:
"Section 5. All laws and parts of laws in conflict with this Act are hereby repealed."

On the adoption of the amendment, the ayes were 39, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 31, nays 12.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Scott of the 23rd asked unanimous consent that he be recorded as voting nay.
The consent was granted.

FRIDAY, MARCH 15, 1963

1069

The following bill of the Senate was taken up for the purpose of considering House substitute therefor:

SB 164. By Senators Gillis of the 20th and Pannell of the 54th:
A bill to amend an act establishing a retirement system for school teachers, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to change the minimum floor for teachers who retired prior to July 1, 1961; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:
AN ACT
To amend an Act establishing a retirement system for school teach ers, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved March 6, 1962 (Ga. Laws 1962, p. 666), so as to provide for a partial paymo.nt of the floor by the Budget Bureau.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act establishing a retirement system for school teachers, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved March 6, 1962 (Ga. Laws 1962, p. 666), is hereby amended by adding to Section 9 in the third sentence after the word "floor" as it appears the second time in said sentence the words "or any part thereof" so that when so amended Section 9 shall read as follows:
Section 9. Also, the board of trustees shall after an actuarial investigation into the benefit structure of the system, study the benefits being paid to the retired members prior to the effective date of this bill with authority to increase their retirement allow ances in keeping with actuarial soundness of the system. The board of trustees is hereby required to make available semi-annually such funds as the income of the State will allow to the retirement struc ture for those members retired on or before July 1, 1961, until a minimum floor of five ($5.00) dollars for each year of service up to 40 years is reached. If the funds made available semi-annually are not sufficient to fully finance said aforementioned floor the amount necessary to reach said floor or any part thereof may be authorized by the Budget Bureau to be paid from State funds. Provided, how ever, that the contribution of State funds shall be reduced as the funds made available from the income of the retirement system is increased. Said practice shall continue until the retirement system can absorb the entire cost of maintaining said minimum five ($5.00) dollar floor.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

1070

JOURNAL OF THE SENATE,

Senator Pannell of the 54th moved that the Senate adopt the House substitute for SB 164.

On the motion to adopt, the ayes were 28, nays 0, and the House substitute was adopted.

The following resolution of the House was taken up for the purpose of considering the report of a Committee of Conference thereto:

HR 21. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb and others:
A resolution creating the "Governor's Commission to Improve Educa tion"; to provide for appointment of members thereof and their tenure and expenses; to define the duties and powers of said Commission; and for other purposes.

The report of the Committee of Conference was as follows: Mr. President:
Mr. Speaker:
Your Conference Committee on House Resolution No. 21-23 recommends the following:
"That the Senate recede from its position in adopting the amend ment by Senator Carter of the 14th, and that said amendment be stricken. That the Senate and House adopt the amendment of the Senate Committee on Rules to House Resolution No. 21."
Respectfully submitted, Richardson of Chatham Melton of Spalding Parker of Screven Broun of the 46th Lee of the 47th Loggins of the 53rd
Senator Pannell of the 54th moved that the Senate adopt the report of the Committee of Conference on HR 21.
On the motion, the ayes were 28, nays 0, and the report of the Committee of Conference was adopted.

FRIDAY, MARCH 15, 1963

1071

The following bill of the Senate was taken up for the purpose of considering the report of a Committee of Conference thereto:

SB 114. By Senator Kidd of the 25th:
A bill to establish and create the Civil and Criminal Court of Baldwin County, Georgia, in lieu of the County Court of Baldwin County; to define its jurisdiction and powers; and for other purposes.

The report of the Committee of Conference was as follows: Mr. President: Mr. Speaker:
Your Conference Committee on Senate Bill No. 114 recommends the following:

That-the Senate recede from its position in regard to the House amendment to Section 7 and the amendment proposed by the House to the addition of Sections 38 and 39. The Committee further recommends that the House recede from its position on its insistence to all other amendments adopted by the House and that the bill do pass as originally passed by the Senate with the exceptions of the amendments proposed by the House to Sections 7, 38 and 39, which should be adopted.
Respectfully submitted,
Kidd of 25th
Knox of 24th
Hunt of 26th
Harrington of Baldwin
Chandler of Baldwin
Hale of Dade

Senator Kidd of the 25th moved that the Senate adopt the report of the Committee of Conference.

On the motion, the ayes were 33, nays 0, and the report of the Committee of Conference was adopted.

HB 364. By Messrs. Groover of Bibb, Wilkes of Cook and Hill of Meriwether: A bill to provide that no State official shall be compensated for any

1072

JOURNAL OF THE SENATE,

ex-officio office unless the act creating such office specifically provides for payment; and for other purposes.

The Committee on Rules offered the following substitute:
A BILL
To be entitled an Act to clarify the compensation that State officials may receive for services as ex-officio officer; to provide that for exofficio offices created subsequent to the approval of this Act that no compensation shall be paid for service thereon unless the Act creating such office specifically provides for payment of compensation for service thereon; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. No State official who receives, as a part of his compen sation, pay for service on an ex-officio office or position held by such officer, shall receive any compensation for such service in any such ex-officio office created subsequent to the effective date of this Act unless the statute creating the ex-officio office shall specifically provide for compensation for the ex-officio officer.
Section 2. The provisions of this Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it otherwise becomes law, and any adjustments in compensation necessitated by the provisions of this Act shall be made beginning at that time.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

The Committee on Rules offered the following amendment to the substitute for HB 364.
(1) Inserting in the title before the words "to repeal conflicting laws;" the words "to provide compensation for certain elective constitu tional officers; to amend Code Section 5-105, relating to the compensa tion of the Commissioner of Agriculture, so as to increase the compen sation provided therein;",
And by:
(2) Inserting a new Section 1A to read:
"Section 1A. Code Section 5-105, as amended, particularly by an Act approved February 10, 1960 (Ga. L. 1960, p. 106), relating to the compensation of the Commissioner of Agriculture, is hereby

FRIDAY, MARCH 15, 1963

1073

amended by striking said section in its entirety and inserting in lieu thereof the following:

'5-105. The annual salary of the Commissioner of Agriculture shall be $22,500.00, payable in semi-monthly installments. The salary provided herein shall be cumulative of and in lieu of all other sal aries, fees, compensations, allowances, and perquisites of such office of every nature and including services performed by him on all boards, commissions, and agencies of the State Government to which he shall belong or serve by virtue of his office. He shall be entitled to reimbursement for all actual and necessary expenses incurred by him in the performance of his official duties including mileage allowance for use of his personal automobile in the same manner and to the same extent as other State employees. He shall fix the compensation of employees of the Department of Agriculture; provided, however, that the employees of such Department under the Merit System shall be compensated under the Rules and Regulations of the State Personnel Board.' "

On the adoption of the amendment to the substitute, the ayes were 30, nays 0, and the amendment to the substitute was adopted.

On the adoption of the substitute as amended, the ayes were 32, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute 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 by substitute.

HB 42. By Mr. Duncan of Carroll: A bill to amend an act relating to the State Highway Board, so as to change the procedures relating to expenditures of funds by the 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 41, nays 0.

1074

JOURNAL OP THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

HB 449. By Messrs. Bagby of Paulding, Cullens of Bartow, Jordan of Ployd, Ployd of Chattooga, Groover of Bibb, Matthews of Colquitt and others:
A bill to provide that it shall be unlawful for any person who has been convicted for the violation of any of the criminal laws against the United States of America and who has served two separate sentences in any penal institution, custodial institution or other places of confine ment to serve in any municipal, county, district or State election or primary; and for other purposes.

The report 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 495. By Messrs. Keyton and Russell of Thomas, Reaves of Brooks, Hall of Lee, Carr of Washington, Hull and Fleming of Richmond and others:
A bill to amend an act providing a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State officials, so as to change the compensation of the State Supervisor of Purchases; and for other purposes.
Senators Pannell of the 54th and Webb of the llth offered the following amendment:
Amend HB 495 by adding in the title before the words "to repeal conflicting laws," the words "to amend an act relating to the compensa tion of the Director of the Department of State Parks, approved March 21, 1958 (Ga. Laws 1958, p. 215), so as to change the compensation of the Director of the Department of State Parks;"
By adding a new section to be known as Section 1A to read as follows:
"Section 1A. An Act relating to the compensation of the Direc tor of the Department of State Parks, approved March 21, 1958 (Ga. Laws 1958, p. 215), is hereby amended by striking from Section 1 the figure "$7,400.00" and inserting in lieu thereof the figure "$15,000.00," so that when so amended Section 1 shall read as follows:
Section 1. The Director of the Department of State Parks shall

FRIDAY, MARCH 15, 1963

1075

be compensated in the amount of $15,000.00 per annum, payable in semi-monthly installments.

On the adoption of the amendment, the ayes were 36, nays 1, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, the ayes were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following bill of the Senate was taken up for the purpose of considering the report of a Committee of Conference thereto:

SB 7. By Senator Miller of the 50th:
A bill relating to the qualifications of county school superintendents, so as to change such qualifications; and for other purposes.

The report of the Committee of Conference was as follows:
The Conference Committee on Senate Bill No. 7 recommends the following: That the House and Senate recede upon their positions in relation to Section 1 of said bill as it pertains to Code Section 32-1004 and in lieu thereof that the following 32-1004 be adopted by both Houses:
"32-1004. Before any person shall be qualified or eligible to hold office of the county superintendent of schools, he shall be a citizen of the county if elected by the voters of the county, but it shall not be necessary that he be a citizen of the county if elected or appointed by the Board of Education, he shall have earned and hold a five-year degree from an accredited college or university, or shall have not less than a four-year degree earned and held from an accredited college or university and shall have registered for courses leading toward obtaining the requirements of a five-year certificate, and shall have had not less than three years of actual teaching or education administration experience, and, shall be a person of good moral character, never convicted of any crime in volving moral turpitude. Before becoming eligible to qualify for election, or appointment, candidates for the position of county school superintendent of schools must file with the State Board of

1076

JOURNAL OF THE SENATE,

Education, a certificate under oath, showing qualification hereunder. Provided, that this Act shall not affect any school system in existence prior to the adoption of the Constitution of 1877, nor any Superintendent of Schools of any such school system."

And that the House amendment proposed to Section 2 be adopted by both Houses.
Respectfully submitted, Miller of 50th Kendrick of 32nd Ellis of 44th Melton of Spalding Moore of Polk Parker of Screven

Senator Miller of the 50th moved that the Senate adopt the report of the Committee of Conference.
On the motion, the ayes were 32, nays 0, 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 passed by the requisite constitutional majority as amended the following bill of the Senate, to-wit:
SB 81. By Senators Pannell of the 54th, Kendrick of the 32nd, Ellis of the 44th and others: A bill to amend an act relating to the payment of education grants, approved January 31, 1961 (Ga. Laws 1961, p. 35), as amended by an act approved March 3, 1962 (Ga. Laws 1962, p. 552), so as to provide the method by which such grants shall be paid; and for other purposes.
HR 191. By Messrs. Walker and Gibbons of Lowndes, Killian and Isenberg of Glynn: A resolution relating to the placing of a marker on Jekyll Island in honor of former Governor M. E. Thompson; and for other purposes.

FRIDAY, MARCH 15, 1963

1077

The Committee on Rules offered the following amendment:
Amend HR 191 by striking in its entirety the following: "Whereas at the time the island was acquired, Governor M. E. Thompson was criticized for his actions, his critics stating that it was a waste of taxpayers money."

On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment was adopted.

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

The fowllowing bill of the Senate was taken up for the purpose of consider ing a House amendment thereto:

SB 14. By Senator Phillips of the 27th:
A bill to amend an act entitled "Uniform Act Regulating Traffic on Highways," approved January 11, 1954 (Ga. Laws 1953 Nov.-Dec. Sess., p. 556), as amended, so as to provide for the inspection of motor vehicles; and for other purposes.

The Committee on Highways offered the following amendment:
Amend SB 14 by striking in its entirety subsection (d) of Section 124, which section is quoted in Section 1 of said bill.
By adding to Section 126 a new subsection to be lettered (d) and to read as follows:
"(d)) The director shall permit any person, firm, association, corporation, municipality or governmental agency having registered in his or its name sufficient vehicles in this State to maintain approved inspection facilities to conduct the inspection required by this act on such motor vehicles under regulations prescribed by the director."
By striking the figure "1964" as it appears in Section 2 of said bill,

1078

JOURNAL OF THE SENATE,

and substituting in lieu thereof the figure "1965," so that when so amended, Section 2 shall read as follows:

"Section 2. The provisions of this act shall become effective January 1, 1965, and the first inspection of motor vehicles under the provisions of this act shall be completed by July 1, 1965."

Mr. Hale of Dade moved to amend SB 14 as follows: By striking from sub section (c) of Code Section 125 the words and figures "if within a distance of 20 miles."

Mr. Sewell of Sumter moved to amend SB 14 by adding a section appropri ately numbered to read as follows:
"Notwithstanding the provisions of this act, any vehicle which is not operated during the hours of darkness shall not be required to main tain its lights in operating conditions. However, this section shall not apply to vehicles used primarily as passenger vehicles."

Senator Phillips of the 27th moved that the Senate agree to the House amendments to SB 14.

On the motion to agree, the ayes were 32, nays 0, and the amendments were agreed to.
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 81. By Senators Pannell of the 54th, Kendrick of the 32nd, Ellis of the 44th and others: A bill relating to the payments of education grants, approved January 31, 1961 (Ga. Laws 1961, p. 35), as amended by an act approved March 3, 1962 (Ga. Laws 1962, p. 552), so as to provide the method by which such grants shall be paid; and for other purposes.
The House amendment was as follows: Mr. Bolton of Spalding moves to amend SB 81 by striking from
Section 5, which section is quoted in Section 4 of said bill, the following:
"determine whether the need for such grants exists in the county," and inserting in lieu thereof, the following:
"investigate the request for grants in such county."

FRIDAY, MARCH 15, 1963

1079

Senator Pannell of the 54th moved that the Senate agree to the House amendment to SB 81.

On the motion, the ayes were 30, nays 0, and the amendment was agreed to.

HB 492. By Messrs. Sinclair of Macon, Duncan of Carroll, Warren of Wayne and others:
A bill to amend an act to revise the adoption laws so as to remove certain grounds for the annulment of an adoption; and for other pur poses.

The Committee on Judiciary offered the following substitute:
A BILL
TO BE ENTITLED
An Act to amend an Act entitled "An Act to amend and revise the adoption laws now set forth in Chapter 74-4 of the Code of 1933; to provide for an investigation and report to the superior court in which an adoption petition is filed on the proposed adoption by the State De partment of Public Welfare where facilities are available; and for other purposes," approved March 27, 1941 (Ga. Laws 1941, p. 300), as amended, particularly by an Act approved March 9, 1956 (Ga. Laws 1956, p. 695), so as to remove the provisions providing certain grounds upon which an adoption may be declared null and void and providing the disposition of the child in the event an adoption is declared null and void; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. An Act entitled "An Act to amend and revise the adoption laws now set forth in Chapter 74-4 of the Code of 1933; to provide for an investigation and report to the superior court in which an adoption peti tion is filed on the proposed adoption by the State Department of Public Welfare where facilities are available; and for other purposes," approved March 27, 1941 (Ga. Laws 1941, p. 300), as amended, particularly by an Act approved March 9, 1956 (Ga. Laws 1956, p. 695), is hereby amended by striking Section 13, which reads as follows:
"Section 13. If at any time after the adoption the adopting par ents fail faithfully to perform their obligations to the child, and such child is seventeen years or older, or if within seven years after his final adoption a child, regardless of age, develops feeble-mindedness, epilepsy, insanity or venereal diseases as a result of conditions exist ing prior to his adoption and of which the adopting parents had no knowledge or information, or for other good cause shown unto the court, a petition setting forth such facts may be filed by any person

1080

JOURNAL OF THE SENATE,

or public or private agency showing good cause therefor, in the court which entered the final decree of adoption, and if such conditions are proved to the satisfaction of the court, the adoption may be declared null and void. The court shall thereupon make proper disposition of the child by commitment to an appropriate State institution as pro vided by the laws of the State of Georgia, or provide for the dispo sition of the child as may be to his best interest and to that of the State."

in its entirety.

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 34, 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.

HB 443. By Mr. Ware of Troup: A bill to amend an act creating the Georgia Ports Authority, so as to define the word "project"; to remove the limitation on the issues of 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 422. By Mr. Mackay of DeKalb: A bill to amend an act relating to the imposition, rate of computation and exemptions from income taxation, so as to provide that certain

FRIDAY, MARCH 15, 1963

1081

distributions of corporate stock qualifying under Section 1111 of the Federal Internal Stock Code of 1954 shall not be deemed a dividend; and for other purposes.

The report 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 477. By Mr. Wilkes of Cook:
A bill to prohibit the hunting and taking of certain birds; and for other purposes.

The Committee on Agriculture and Natural Resources offered the following amendment:
Amend HB 477 by adding at the end of Section 1 the following:
"Nothing herein contained shall be deemed to make it unlawful for the owner or occupant of land to protect in any manner he deems necessary, crops, livestock, poultry, or any other property of any kind whatsoever on such land, from any wild bird covered in this Act or any other bird of any kind."

On the adoption of the amendment, the ayes were 41, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 429. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, Andrews of Stephens and others: A bill to amend an act relating to the powers, duties and rights of the

1082

JOURNAL OF THE SENATE,

,,

Board of Health and the Director of the Department of Public Health,

%

so as to authorize the Director to execute instruments to release proper

I

parties from further compliance with certain contractual obligations;

"i

and for other purposes.

The Committee on Health and Welfare offered the following amendment:
Amend HB 429 by striking from Section 1 of said bill the following:
"The Director of the Department of Public Health is empowered to execute appropriate instruments on behalf of the Board of Health and the Department of Public Health to release proper parties from further compliance with contractual obligations with the Depart ment of Public Health or the Board of Health.",
and inserting in lieu thereof the following:
"The Director of the Department of Public Health, only with the approval of the Board, is empowered to execute appropriate instruments on behalf of the Board of Health and the Department of Public Health to release proper parties from further compliance with contractual obligations with the Department of Public Health or the Board of Health."
By striking from Section 1 of said bill the following:
"The Director of the Department of Public Health is empowered to execute appropriate instruments on behalf of the Board of Health and the Department of Public Health and to release proper parties from further compliance with contractual obligations with the De partment of Public Health or the Board of Health."
and inserting in lieu thereof the following:
"The Director of the Department of Public Health, only with the approval of the Board, is empowered to execute appropriate instru ments on behalf of the Board of Health and the Department of Public Health to release proper parties from further compliance with contractual obligations with the Department of Public Health or the Board of Health."

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 35, nays 0.

FRIDAY, MARCH 15, 1963

1083

The bill, having received the requisite constitutional majority, was passed as amended.

HB 561. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb and others:
A bill to amend an act known as "The Welfare Reorganization Act of 1937," so as to rename the State Department of Public Welfare as the State Department of Family and Children 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 622. By Messrs. Laite of Bibb, Towson of Laurens, Meeks of Union, Groover of Bibb and others: A bill to regulate the sale of firearms of less than fifteen inches in length by any person, so as to provide who shall be required to purchase a 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 562. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb and others: A bill to amend an act known as "The Welfare Reorganization Act of 1937," so as to abolish existing county boards of family and children services and provide for appointment of new county boards of family and children services in each county; and for other purposes.

1084

JOURNAL OF THE SENATE,

Rules Committee moves to amend HB 562 as follows:
By striking from the title the words: "abolish existing county boards of family and children services and".

By striking from the third sentence of Section 10, which is quoted in Section 1 the word "initially," and inserting in lieu thereof the follow ing: ", upon the expiration of the terms of the present members of said board."

By changing the comma to a period after the word "term" in the third sentence in Section 10, which is quoted in Section 1.

By striking from the third sentence of Section 10, which is quoted in Section 1 the following: "each of said initial terms to date from July 1, 1963."

By striking from Section 10, which is quoted in Section 1, the fourth sentence which reads as follows:

"No member of the county board, after having served a full five (5) year term on said board, shall be eligible for reappointment to the board for a period of one (1) year."

By striking from Section 10, which is quoted in Section 1, the last sentence which reads as follows:

"Existing county boards of family and children services are hereby abolished as of the effective date of this Act and county boards of family and children services constituted as provided for in this section of this Act shall take office on said date."

On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 34, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 636. By Messrs. Towson of Laurens and Spikes of Troup: A bill to amend an act relating to the imposition, rate of computation

FRIDAY, MARCH 15, 1963

1085

and exemptions from income taxation, so as to clarify the taxation of distributions from a trust exempted from taxation by Code Section 92-3105; and for other purposes.

The report 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 657. By Mr. Busbee of Dougherty:
A bill to authorize the leasing of State Parks and related facilities to public authorities; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 185. By Messrs. Shea, Funk and Richardson of Chatham:
A resolution creating the Forward Georgia Commission; and for other purposes.

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

On the adoption of the resolution, the ayes were 31, nays 0.

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

1086

JOURNAL OF THE SENATE,

HB 594. By Mr. Smith of Grady:
A bill to create the Claims Advisory Board; to provide for the compo sition, powers, duties and authority of said Board; and for other pur poses.

The Committee on Rules offered the following amendment:
Amend HB 594 by striking from Section 2 the following sentence, "A notice of claim shall only be filed by a member of the General Assembly or a member-elect of the General Assembly."

On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 35, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 397. By Mr. Killian of Glynn:
A bill to amend an act completely and exhaustively revising, supersed ing and consolidating the laws relating to the State Game and Fish Commission; and for other purposes.

The Committee on Agriculture and Natural Resources offered the following substitute:
A BILL
To be entitled an Act to amend an Act comprehensively revising, superseding and consolidating the laws relating to the Game and Fish Commission, game and fish and wildlife, approved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, particularly by an Act approved March 6, 1962 (Ga. Laws 1962, p. 671), so as to provide the procedure for condemning property used in the hunting of deer at night; to provide a procedure in connection therewith, the service thereof, the disposition thereof, the intervention therein; and to provide for the disposition of the proceeds of any sale thereunder; to provide an additional and supple mental definition of "hunting"; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 15, 1963

1087

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act comprehensively revising, superseding and con solidating the laws relating to the Game and Fish Commission, game and fish wildlife, approved March 7, 1955 (Ga. Laws 1955, p. 483), as amend ed, particularly by an Act approved March 6, 1962 (Ga. Laws 1962, p. 671), is hereby amended by striking Subsections (b) and (c) from Sec tion 67 and substituting in lieu thereof the following:

"(b) Each vehicle, boat, animal or firearm used in the hunting of deer at night is hereby declared to be contraband and forfeited to the State and shall be confiscated and seized by any peace officer who shall forthwith deliver it to the Director or his duly authorized agent within ten (10) days of the seizure. The term 'hunting' as used in this Section in reference to a vehicle or boat shall include the transportation of a hunter to or from the place of hunting or the transportation of the carcass, or any part thereof, of a deer which has been unlawfully killed at night.

"(c) The Director, within twenty (20) days after the seizure of any vehicle, boat, animal or firearm used in the hunting of deer at night, shall institute proceedings by petition in the Superior Court of any county where the seizure was made against the property so seized and against any and all persons having an in terest in or right affected by the seizure or sale of such property. A copy of such petition shall be served upon the owner or lessee of such property, if known, and upon the person or persons having! custody or possession of such property at the time of the con fiscation or seizure. If the owner or lessee or person or persons having custody or possession of such property at the time of seizure is unknown, notice of such proceedings shall be published once a week for two (2) consecutive weeks in the newspaper in which Sheriff's advertisements of the county are published. Such pub lication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and any sale of the property resulting therefrom. If no defense or intervention shall be filed within thirty (30) days from the filing of the petition, judgment by default shall be entered by the court; other wise the case shall proceed as other civil cases. Should it appear upon the trial of the case or upon default that such property was so used and that such use was with the consent, express or implied, of the owner, the property shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from such sale shall be applied;

"(1) To the payment of proper costs and expenses including expenses incurred in the seizure;

"(2) To the payment of the cost of the court and its officers;

"(3) To the payment of any cost incurred in the storage, advertisement, maintenance or care of such property; and

1088

JOURNAL OF THE SENATE,

"(4) The remainder shall be paid into the State Treasury for deposit in the Game Protection Fund."

"(d) Where the owner or lessee of any property seized for purposes of condemnation shall abscond or conceal himself so that actual notice of the condemnation proceeding cannot be served up on him, he shall be served by publication as is hereinbefore pro vided in the case of an unknown owner or lessee.

"(e) All proceedings against any vehicle, boat animal or firearm, for the purpose of condemnation, shall be proceedings in rem against the property and the property shall be described only in general terms. It shall be no ground for defense that the person who had the property in possession at the time of its use and seizure has not been convicted or acquitted of any criminal proceding resulting from or arising out of such use. It is the intent and purpose of the procedure

"(h) The court shall have full discretion and authority to permit a settlement between the parties at any stage of the pro ceeding by permitting the value of the vehicle to be paid into court or the value of the equity therein, as determined by the court, which money when so paid in, shall be distributed as provided by law in all cases of condemnation."

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 34, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the Senate was taken up for the purpose of considering a House substitute therefor:

SB 137. By Senator Scott of the 23rd: A bill pertaining to commissions for persons who are liable to have

FRIDAY, MARCH 15, 1963

1089

guardians appointed or who may be subject to be committed to the Milledgeville State Hospital, so as to provide that aliens may be com mitted; and for other purposes.

The House substitute was as follows:
AN ACT
To amend Code Section 49-604 pertaining to commissions for persons who are liable to have guardians appointed or who may be subject to be committed to the Milledgeville State Hospital, as amended, so as to provide that residents, non-residents and aliens may be com mitted to the Milledgeville State Hospital; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 49-604 pertaining to commissions for persons who are liable to have guardians appointed or who may be subject to be committed to the Milledgeville State Hospital, as amended, is hereby amended by adding at the end of said Section 49-604 the following:
"The provisions of this section shall also be applicable at the discretion of the Commission and Ordinary to non-residents of the State of Georgia and to aliens temporarily residing within the County."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Pannell of the 54th moved that the Senate adopt the House sub stitute for SB 137.

On the motion, the ayes were 31, nays 0, and the substitute was adopted.
The following bill was taken up for the purpose of considering the report of a Committee of Conference thereto:
HB 247. By Messrs. Paris of Barrow, Knight of Berrien, Abney of Walker and others: A bill to provide that an insurer who settles a claim or suit on behalf of an insured shall do so in the capacity of an independent contractor; to provide that such settlement shall not affect the rights of an insured against a third party; and for other purposes.

1090

JOURNAL OP THE SENATE,

The report of the Committee of Conference was as follows:

Mr. President: Mr. Speaker:

Your Conference Committee has had under consideration House Bill 247 and moves that both the Senate and the House recede from their position and that the following Substitute Bill be adopted.

Respectfully submitted: Smalley of 28th Phillips of 27th Johnson of 42nd Paris of Barrow Murphy of Haralson Cullens of Bartow

A BILL
TO BE ENTITLED
An Act to provide the manner in which liability insurers shall have the right to compromise or settle claims of third persons against their insureds; to provide the manner in which an insured shall have a right to assert a claim or cause of action against third persons; to provide for notice which liability insurance companies must give to third per sons of the lack of consent of their insured before settling claims of such third persons; to provide the manner in which third persons shall be barred from asserting claims against all persons whomsoever; to pro vide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. From and after the passage of this Act, any provision in a liability policy of insurance which provides that the insurer shall have the right to compromise or settle claims of third persons against the insured without the consent of the insured shall be deemed to create, as between the insurer and the insured, the relationship of an indepen dent contractor so that the insured shall not be precluded from assert ing a claim or cause of action against third persons, notwithstanding the settlement by the insurer of such claims of third persons, unless the insured shall previously have consented thereto in writing provided, that in all such cases where the insurer shall settle the claims of third persons against the insured, without such written consent, it shall be the duty of the insurer to inform such third persons in writing of the

FRIDAY, MARCH 15, 1963

1091

lack of consent of the insured and that the insured is not thereby pre cluded from the further assertion of claims against such third persons, before taking from such third persons any release, covenant not to sue, or other settlement; and upon the failure of the insured to give such notice to such third persons of the lack of consent of such insured, such release, covenant not to sue or other settlement shall be of no effect, null and void.

If such third persons execute a release, covenant not to sue, or other instrument in settlement of their claims after such notice of the lack of consent of the insured, the same shall be deemed and construed as a bar to the further assertion by such third persons of such claims against all persons whomsoever, and such third persons shall not plead such release, covenant not to sue or settlement in bar of any action or claim asserted by such insured.

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Smalley of the 28th moved that the Senate adopt the report of the Committee of Conference on HB 247.

On the motion, the ayes were 32, nays 0, and the report of the Committee of Conference was adopted.

HR 57. By Mr. Causby of Gordon:
A resolution authorizing an appropriation to the Georgia Historical Commission for the purpose of developing as a tourist attraction the old capitol of the Cherokee Indian Nation located near New Echota in Gor don 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 30, nays 0.

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

HR 109. By Mr. Ballard of Newton:
A resolution authorizing the transfer of certain real property located in Fulton County; and for other purposes.

1092

JOUENAL OP THE SENATE,

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

On the adoption of the resolution, the ayes were 34, nays 0.

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

HR 151. By Mr. Roberts of Jones:
A resolution to designate "The S. A. Hodge, Sr. Bridge"; and for other purposes.

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

On the adoption of the resolution, the ayes were 31, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 215. By Mr. Causby of Gordon: A resolution authorizing the conveyance of two lots belonging to the State of Georgia to Gordon 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 30, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 135. By Mr. Duncan of Carroll: A bill to amend an act relating to objections in connection with a motion for a new trial to be raised before the trial judge; and for other purposes.

FRIDAY, MARCH 15, 1963

1093

:

The report of the committee, which was favorable to the passage of the

fi 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 140. By Mr. Melton of Spalding:
A bill making provisions for coverage of certain officers and employees of political subdivisions of the State under the old-age and survivors insurance provisions of Title II of the Federal Social Security 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 33, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 224. By Messrs. Payton of Coweta, Overby of Hall, Bagby of Paulding and others: A bill to amend an act relating to a health insurance plan for State employees, so as to authorize solicitors-general to participate; and for other purposes.
The report 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 409. By Messrs. Williams of Hall, Ware of Troup and Twitty of Mitchell: A bill to amend an act relating to motor vehicle licenses, so as to pro vide for fees to be paid for licensing of motor vehicles for part of a year; and for other purposes.

1094

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 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 501. By Mr. Twitty of Mitchell:
A bill to amend an act known as the Hospital Authority Law, so as to extend the period for which a governing body of any city, town, munici pality or county is authorized to enter into contracts with a hospital authority for the continued maintenance and use of the facilities of such 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 511. By Messrs. Hurst of Quitman; King of Chattahoochee, Steis of Harris, Conger of Decatur and others:
A bill to amend the Georgia Motorboat Numbering Act, so as to authorize entering agreements for registration of boats used on waters contiguous to or forming a part of or abutting upon the boundaries of this State; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 34, nays 0.

The bill, having received the requisite constitutional majority, was passed.
The following bill of the Senate was taken up for the purpose of considering a House substitute therefor:

FRIDAY, MARCH 15, 1963

1095

SB 65. By Senators Miller of the 50th, Smalley of the 28th and Johnson of the 42nd:
A bill to amend an act creating the office of Georgia Safety Fire Com missioner, as amended, so as to authorize and empower the State Fire Marshal to make arrests and carry weapons; and for other purposes.

The House substitute was as follows:
AN ACT
To amend an Act creating the office of Georgia Safety Fire Com missioner, approved February 25, 1949 (Ga. Laws 1949, p. 1057), as amended, by an Act approved February 17, 1950 (Ga. Laws 1950. p. 320), and an Act approved February 17, 1959 (Ga. Laws 1959, p. 50), so as to authorize and empower the State Fire Marshal, his deputy and arson investigators to make arrests and to carry weapons; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating the office of Georgia Safety Fire Commissioner, approved February 25, 1949 (Ga. Laws 1949, p. 1057), as amended, by an Act approved February 17, 1950 (Ga. Laws 1950, p. 320), and an Act approved February 17, 1959 (Ga. Laws 1959, p. 50), is hereby amended by inserting between Sections 20 and 21 a new Section 20A to read as follows:
"Section 20A. The State Fire Marshal, his deputy and his arson investigators are hereby granted that authority and power which sheriff's have to make arrests of any persons violating or charged with violating any of the criminal statues of this State relating to arson. The State Fire Marshal, his deputy, and his arson investigators are hereby further given that authority which sheriff's have to make arrests of any persons who interfere with the orderly investigations of such officers, and any persons who are attempting to commit or who have committed or who are charged with having committed any crimes which relate to or are in cidental to or involved in an arson case or the commission of arson or an attempted arson. In case of such arrests the State Fire Marshal, his deputy, or his arson investigators shall immediately deliver the arrested person or persons to the custody of the sheriff of the county wherein the offense was committed. The duty of a sheriff as to the person delivered to him by any person arresting under the provisions of this act shall be the same as if the sheriff him self had made the original arrest. The State Fire Marshal, his deputy and arson investigators are hereby authorized and em powered to carry weapons in order to enforce the provisions of this Act."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

1096

JOURNAL OF THE SENATE,

Senator Miller of the 50th moved that the Senate adopt the House substitute for SB 65.

On the motion, the ayes were 31, nays 0, and the substitute was adopted.
HR 240. By Messrs. Melton and Bolton of Spalding: A resolution urging the Budget Bureau to make available funds for the restoration and repair of Elijah Clark's grave and monument; and for other purposes.

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

On the adoption of the resolution, the ayes were 34, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 148. By Messrs. Pope and Coker of Cherokee:
A resolution authorizing the conveyance of certain property in Cherokee 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 30, nays 0.

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

HB 418. By Mr. Groover of Bibb:
A bill to amend an act relating to qualification fee for candidates in general election of certain county offices, so as to provide for reasonable qualification fee due to be posted 10 days prior to special elections; and for other purposes.

FRIDAY, MARCH 15, 1963

1097

The report 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 2.

The bill, having received the requisite constitutional majority, was passed.

HB 265. By Messrs. Bell, Hull and Fleming of Richmond and McCracken of Jefferson:
A bill to amend an act relating to trial of civil cases at return term; and for other purposes.

The Committee on Judiciary offered the following amendment:
Amend House Bill No. 265 by adding to the caption thereof im mediately after the phrase "so as to provide that the notice required in said Section shall not apply to uncontested cases;" the following:
"so as to strike and repeal the provision that the notice required in Code Section 81-1003 of the Code of Georgia shall not be necessary when the calendar is published in the official gazette of the county;"
so that when so amended the caption will read:
"A Bill To be entitled an Act to amend Code Section 81-1003 of the Code of Georgia, relating to trial of civil cases at return term; trial after appearance day by consent; divorce cases, as amended, so as to provide that the notice required in said Section shall not apply to uncontested cases; so as to strike and repeal the provision that the notice required in Code Section 81-1003 of the Code of Georgia shall not be necessary when the calendar is published in the official gazette of the county; to repeal conflicting laws; and for other purposes."
The Judiciary Committee moves to amend House Bill No. 265 by striking Section 1 thereof in its entirety and by substituting in lieu thereof a new Section 1 as follows:
"Section 1. Code Section 81-1003 of the Code of Georgia, re lating to trial of civil cases at return term; trial after appearance day by consent; divorce cases, as amended, is hereby amended by inserting in Subsection (b), relating to notice to parties, after the word "herein:" and before the word "Provided" the following words "Provided, that the notice required in this paragraph shall not apply to cases where no defensive pleadings have been filed:", and is further amended by striking from Subsection (b) of Code Section 81-1003 the phrase:

1098

JOURNAL OF THE SENATE,

"Provided that where the calendar is published in the official gazette of the county at least 10 days before such hearing is to be held, the mailing of a copy of the calendar as hereinbefore required shall not be necessary."

so that when so amended subsection (b) shall read as follows:

"(b) The judges of the several superior courts of this State may, on reasonable notice to the parties, at any time, either in term or vacation, and at chambers in any county in the circuit, hear and determine by interlocutory or final judgment, any matter or issue, where a jury verdict is not required or has been duly waived: Pro vided that the mailing of a copy of the calendar, setting forth the name of the case and the time and place of such hearing to the parties of their attorneys of record by the clerk of the court, at least 10 days before such hearing is to be held, and his certificate of notice given entered on the docket shall be construed to be reason able notice as required herein: Provided, that the'notice required in this paragraph shall not apply to cases where no defensive plead ings have been filed: Provided further, however, that nothing in this paragraph shall authorize the trial of any divorce case by consent or otherwise until after the appearance day of such case, as provided in paragraph (a) of this section."

On the adoption of the amendment, the ayes were 33, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 302. By Messrs. Keyton and Russell of Thomas:
A bill to amend an act creating a Small Claims Court in certain counties, so as to provide for a change in the procedure and practice in garnish ments; and for other purposes.

Senator Pelham of the 10th offered the following amendment:
Amend HB 302 as follows: By striking "said Act is further amended by adding two (2) new sections between Sections 19 and 20 to be known as Section 19(a) and Section 19(b), respectively, and to read as fol-

FRIDAY, MARCH 15, 1963

1099

lows:", and inserting in lieu thereof, "Said Act is further amended by adding one (1) new section between Sections 19 and 20 to be known as Section 19(a) to read as follows:"

On the adoption of the amendment, the ayes were 30, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 650. By Messrs. Hale of Dade, Mackay and Harris of DeKalb: A bill to amend an act regulating professional fund raising; and for other purposes.
The report 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 638. By Messrs. Floyd of Chattooga, Bedgood of Clarke, Richardson and Shea of Chatham and others:
A bill to amend an act relating to the reports of the State Auditor, so as to provide the time for furnishing copies to the members of the General Assembly; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to

On the passage of the bill, the ayes were 36, nays 0.

1100

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

HB 513. By Mr. Busbee of Dougherty:
A bill to provide that counties, municipalities and other political sub divisions of this State are authorized to purchase blanket bonds cover ing employees 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 35, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HE 120. By Mr. Funk of Chatham:
A resolution resolving that the General Assembly of Georgia recognize no delegation of power made by the States to the President authorizing the surrender of the sovereignty of this nation to the United Nations; and that the sworn duty to the President to "provide for the common defense" precludes such proposals; and for other purposes.

Senator Carter of the 14th moved that HE 120 be tabled.

On the motion to table, the ayes were 23, nays 5, and the motion was lost.

Senator Spinks of the 9th offered the following amendment:
Amend HE 120 by striking the next to the last paragraph thereof in its entirety and substituting in lieu thereof the following:
"Now, Therefore, Be It Eesolved by the General Assembly of Geor gia, that the General Assembly call upon and request the members of our Congressional Delegation to exert all efforts in furtherance of the thinking and action of our General Assembly."

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.

FRIDAY, MARCH 15, 1963

1101

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

On the adoption of the resolution, the ayes were 18, nays 20, and the resolu tion was lost

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 302. By Messrs. Keyton and Russell of Thomas:
A bill to amend an act creating a Small Claims Court in certain counties, so as to provide for a change in the procedure and practice in garnish ments; and for other purposes.

HR 161. By Mr. Tucker of Burke:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for seven members of the Board of Education of Burke County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The Board of Education of Burke County shall be com posed of seven members who shall be appointed in the manner provided by this Constitution by the Grand Jury of Burke County. Two members of the Board shall be appointed from the area served by the Sardis-Girard-Alexander Public Schools. One mem ber of the Board shall be appointed from the area served by the Midville Public Schools. One member of the Board shall be appointed from the area served by the Vidette Public Schools. Two members of the board shall be appointed from the rural area outside of the City of Waynesboro served by the Waynesboro Public Schools,

1102

JOURNAL OP THE SENATE,

and one member from the City of Waynesboro. Not more than one member shall be appointed from any one militia District. The five members of the Board presently serving shall continue to serve and be appointed in the same manner. The two additional members added by this amendment to represent the rural area outside of the City of Waynesboro served by the Waynesboro Public Schools, shall be appointed by the first Grand Jury which meets after the ratification of this amendment. One of such members shall be appointed for a term of four years and one of such members shall be appointed for a term of five years. Thereafter, successors to such members shall be appointed for terms of five years. All constitutional provisions and statutory provisions relating to county boards of education shall apply to the seven man board of educa tion, it being the purpose of this amendment to increase the mem bership of the Board from five members to seven members."

Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"For ratification of amendment to the Constitution so as to provide for seven members of the Board of Education of Burke County.
"Against ratification of amendment to the Constitution so as to provide for seven members of the Board of Education of Burke County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per 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 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, MARCH 15, 1963

1103

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:

Brewer Broun Brown Byrd Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gillis Gordy Hall Harrison

Heard Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Knox Lee Loggins Maclntyre Miller Moore Noble Oliver

Owens Pannell Pennington Phillips Plunkett Salome Scott Searcey Smalley Smith Spinks Tribble Webb Wesberry Young

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 ma jority, was adopted.

HR 150. By Messrs. Steis of Harris and Andrews of Stephens:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to take appropriate legislative action to insure con tinuity of State and local governmental operations in periods of emer gency resulting from disasters caused by enemy attack; 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 III, Section VII of the Constitution is amended by adding thereto a new paragraph which shall be known as Paragraph XXVI, which shall read as follows:

1104

JOURNAL OF THE SENATE,

"Paragraph XXVI. The General Assembly, in order to insure continuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemy attack, shall have the power and the immediate duty:

"(1) To provide for prompt and temporary succession to the powers and duties of persons holding office in the Executive, Judicial and Legislative branches of State and local government whether filled by election or appointment, the incumbents of which may be come unavailable for carrying on the powers and duties of such offices during such emergency; and

"(2) To adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations dur ing such emergency, including but not limited to the suspension of any or all constitutional legislative rules.
"Any legislation heretofore adopted by the General Assembly which would have been invalid except for the provisions of this Paragraph is hereby ratified as part of the statute laws of the State of Georgia."
"SECTION 2. When the above proposed amendment to the Consti tution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken there on, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"For ratification of amendment to the Constitution so as to authorize the General Assembly to enact legislation to insure con tinuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemy attack.
Against ratification of amendment to the Constitution so as to authorize the General Assembly to enact legislation to insure con tinuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemy attack."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desir ing to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall

FRIDAY, MARCH 15, 1963

1105

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:

Brewer Broun Brown Byrd Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gillis Gordy Hall Harrison

Heard Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Knox Lee Loggins Maclntyre Miller Moore Noble Oliver

Owens Pannell Pennington Phillips Plunkett Salome Scott Searcey Smalley Smith Spinks Tribble Webb Wesberry Young

By unanimous consent, verification of the roll call was dispensed.

On the adoption of the resolution, the ayes were 46, nays 0.

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

HR 146. By Mr. Wells of Oconee:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the Governing Authority of Oconee County may establish a fire pro tection system and said County may provide funds for new equipment and other expenses for the Volunteer Fire Department; may by taxes issue bonds and revenue bonds to operate, maintain and administer said

1106

JOURNAL OP THE SENATE,

fire protection system; to provide what property shall be taxed for such purpose; to provide for the right of eminent domain; to provide for a referendum; and for other purposes.

BE IT ENACTED 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 Oconee is hereby given the authority and power to establish and administer, within the bounds of the County of Oconee, a fire protection system; the power to make necessary plans and surveys, to hire necessary em ployees, to levy taxes or assessments on all property in said County, to issue bonds and revenue bonds for the construction and main tenance of said system, and enter into contracts with private persons, firms, partnerships, public corporations, and municipal corporations. Taxes may be levied, therefore, on all property in said County, pro vided, that such taxes shall not exceed five mills upon evaluation of the property. 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 of the State of Georgia at an election called and held by the Governing Authority of the County of Oconee and only those voters residing in such County shall participate in such election held for that purpose. Any other provisions of the Constitution to the contrary, notwith standing, the Governing Authority of said County may issue bonds in an amount up to ten per cent (10%) of the assessed evaluation of the property located therein subject to taxation for bond purposes and any such bonds issued in and for any such district shall not affect the amount of bonds Oconee County may issue under Article VII, Section VII, Paragraph I of the Constitution for other purposes. Provided, further, that the Homestead Exemption granted by Ar ticle 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 system or for debt serv ices. Provided, further, that for the purposes hereinabove enumer ated, the said County of Oconee shall have the power of eminent domain and may exercise same upon the payment of just and ade quate compensation as provided by the Constitution and the laws of this State. The planning, construction and establishing of such fire protection system may be financed in whole or in part by the issuance of revenue bonds as provided in the Revenue Bond Laws 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

FRIDAY, MARCH 15, 1963

1107

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 amend ed.

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 pro vide for a fire protection system for Oconee County and the levying of taxes and the issuance of bonds and revenue bonds to operate, maintain and administer said fire protection system.

"Against ratification of amendment to the Constitution so as to provide for a fire protection system for Oconee County and the levying of taxes and the issuance of bonds and revenue bonds to operate, maintain and administer said fire protection system."

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:

Brewer Broun Brown Byrd Carlton Carter Coggin Conway Downing Ellis

Fincher Gayner Gillis Gordy Hall Harrison Heard Holloway Hunt Jackson

Johnson of 42nd Johnson of 38th Kendrick Kidd Knox Lee Loggins Maclntyre Miller Moore

1108
Noble Oliver Owens Pannell Pennington Phillips

JOURNAL OF THE SENATE,

Plunkett Salome Scott Searcey Smalley Smith

Spinks Tribble Webb Wesberry Young

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 ma jority, was adopted.
HR 125. By Mr. Dean of Polk: A resolution to compensate Louis Moore; 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:

Brewer Broun Brown Byrd Carlton Carter Coggin Conway Downing Ellis Fincher Gillis Gordy Harrison Heard

Holloway Hunt Jackson Johnson of 42nd Kendrick Kidd Knox Lee Loggins Maclntyre Miller Noble Oliver Pannell Pelham

Pennington Phillips Plunkett Salome Searcey Smalley Smith Spinks Tribble Webb Wesberry Young Zorn

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

FRIDAY, MARCH 15, 1963

1109

On the adoption of the resolution, the ayes were 43, nays 0.

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

HR 155. By Mr. Newton of Colquitt: A resolution to compensate Homer C. Patterson; 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:

Brewer Broun Brown Byrd Carlton Carter Coggin Conway Downing Ellis Fincher Gillis Gordy Harrison Heard

Holloway Hunt Jackson Johnson of 42nd Kendrick Kidd Knox Lee Loggins Maclntyre Miller Moore Noble Oliver Pannell

Pelham Pennington Phillips Plunkett Salome Searcey Smalley Smith Spinks Tribble Webb Wesberry Young Zorn

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 ma jority, was adopted.

HR 156. By Messrs. Teague, Flournoy and Wilson of Cobb:
A resolution to compensate Marietta Transport Company; and for other purposes.

1110

JOURNAL OF THE SENATE,

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun Brown Byrd Carlton Coggin Conway Downing Ellis Fincher Gillis Gordy Harrison Heard Holloway

Hunt Jackson Johnson of 42nd Kendrick Kidd Knox Lee Loggins Maclntyre Miller Moore Noble Oliver Pannell Pelham

Pennington Phillips Plunkett Salome Searcy Smalley Smith Spinks Tribble Webb Wesberry Young Zorn

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 ma jority, was adopted.

HE 181. By Mr. Todd of Glascock: A resolution to compensate Mrs. H. S. Swint; 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:

FRIDAY, MARCH 15, 1963

1111

Those voting in the affirmative were Senators:

Brewer Broun Brown Byrd Carlton Carter Coggin Conway Downing Ellis Fincher Gillis Gordy Harrison Heard

Holloway Hunt Jackson Johnson of 42nd Kendrick Kidd Knox Lee Loggins Maclntyre Miller Moore Noble Oliver Pannell

Pelham Pennington Phillips Plunkett Salome Searcey Smalley Smith Spinks Tribble Webb Wesberry Young Zorn

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

On the adoption of the resolution, the ayes were 43, nays 0.

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

HR 192. By Mr. Bynum of Rabun:
A resolution compensating Ralph R. Callenback, Jr.; 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:

Brewer Broun Brown Byrd Carlton Carter Coggin Conway Downing Ellis Fincher Gillis

Gordy Harrison Heard Holloway Hunt Jackson Johnson of 42nd Kendrick Kidd Knox Lee Loggins

Maclntyre Miller Moore Noble Oliver Pannell Pelham Pennington Phillips Plunkett Salome Searcey

1112
Smalley Smith Spinks

JOURNAL OF THE SENATE,

Tribble Webb Wesberry

Young Zorn

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 ma jority, was adopted.

HE 196. By Mr. Bagby of Paulding: A resolution to compensate Dan W. Forsyth; 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:

Brewer Broun Brown Byrd Carlton Carter Coggin Conway Downing Ellis Fincher Gillis Gordy Harrison Heard

Holloway Hunt Jackson Johnson of 42nd Kendrick Kidd Knox Lee Loggins Maclntyre Miller Moore Noble Oliver Pannell

Pelham Pennington Phillips Plunkett Salome Searcey Smalley Smith Spinks Tribble Webb Wesberry Young Zorn

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

FRIDAY, MARCH 15, 1963

1113

On the adoption of the resolution, the ayes were 43, nays 0.

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

HR 216. By Messrs. Matthews and Newton of Colquitt:
A resolution compensating Mr. George Rufus Hanna; 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:

Brewer Broun Brown Byrd Carlton Carter Coggin Conway Downing Ellis Fincher Gillis Gordy Harrison Heard

Holloway Hunt Jackson Johnson of 42nd Kendrick Kidd Knox Lee Loggins Maclntyre Miller Moore Noble Oliver Pannell

Pelham Pennington Phillips Plunkett Salome Searcey Smalley Smith Spinks Tribble Webb Wesberry Young Zorn

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 ma jority, was adopted.

1114

JOURNAL OF THE SENATE,

HR 218. By Mr. Wilson of Brantley:
A resolution to compensate Mr. Gabriel Strickland; 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:

Brewer Broun Brown Byrd Carlton Carter Coggin Conway Downing Ellis Fincher Gillis Gordy Harrison Heard

Holloway Hunt Jackson Johnson of 42nd Kendrick Kidd Knox Lee Loggins Maclntyre Miller Moore Noble Oliver Pannell

Pelham Pennington Phillips Plunkett Salome Searcy Smalley Smith Spinks Tribble Webb Wesberry Young Zorn

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 ma jority, was adopted.

HB 527. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb and others:
A bill to amend an act entitled "An act to codify the school laws of the State of Georgia, so as to provide that the Board of Education of any county school district shall have the power to equip facilities for educa tion beyond the 12th grade; and for other purposes.

PEIDAY, MARCH 15, 1963

1115

The Committee on Rules offered the following amendment:
Amend HB 527 by striking from the title of said bill the following "twelfth grade; and (3) to issue bonds in accordance with the Constitu tion and laws of the State of Georgia for any of the aforesaid purposes;", and inserting in lieu thereof the following, "twelfth grade. In addition to the foregoing powers, each such governing body shall have the right and authority to issue bonds in accordance with the Constitution and laws of the State of Georgia for any of the aforesaid purposes."

By striking from Section 1 the following: "twelfth grade; and (3) to issue bonds in accordance with the Constitution and laws of the State of Georgia for any of the aforesaid purposes;", and inserting in lieu thereof the following, "twelfth grade. In addition to the foregoing pow ers, each such governing body shall have the right and authority to issue bonds in accordance with the Constitution and laws of the State of Georgia for any of the aforesaid purposes."

On the adoption of the amendment, the ayes were 39, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 41, 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 passed by substitute by the requisite constitutional majority the following bills of the Senate, to-wit:
SB 137. By Senator Scott of the 23rd: A bill to amend Code Section 49-604 pertaining to commissions for persons who are liable to have guardians appointed or who may be subject to be committed to the Milledgeville State Hospital, so as to provide that aliens may be committed; and for other purposes.

1116

JOURNAL OF THE SENATE,

The House has passed as amended by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 65. By Senators Miller of the 50th, Smalley of the 28th, and Johnson of the 42nd:
A bill to amend an act creating the office of Georgia Safety Fire Com missioner, approved Feb. 25, 1949 (Ga. Laws 1949, p. 1057), as amended, so as to authorize and empower the State Fire Marshal to make arrests and carry weapons; and for other purposes.

The House has adopted the following resolution of the House, to-wit:

HE 276. By Mr. Steis of Harris:
Congratulating and extending best wishes to The American Legion on its 44th Anniversary; and for other purposes.

The House has adopted the following resolution of the House:

HR 287. By Messrs. Mixon of Irwin, Fowler of Douglas, Deen of Bacon, Busbee of Dougherty, Andrews of Stephens, and Rutland of DeKalb:
A resolution commending and thanking the Sweet Potato Association of Georgia; and for other purposes.

The following resolution were read and adopted:

SR 118. By Senator Phillips of the 27th:
A resolution expressing appreciation to the Office of Legislative Coun sel; and for other purposes.

SR 119. By Senator Phillips of the 27th:
A resolution expressing appreciation to Wilby-Kineey Theatres and to Mr. Willis J. Davis; and for other purposes.

SR 120. By Senator Phillips of the 27th:
A resolution expressing appreciation to Honorable Ben W. Fortson, Jr., and Honorable Joe N. Burton; and for other purposes.

FRIDAY, MARCH 15, 1963

1117

SR 121. By Senator Phillips of the 27th:
A resolution expressing appreciation to Honorable Jack B. Ray, Honorable James E. Young and Honorable George B. Hamilton; and for other purposes.

SR 122. By Senator Pannell of the 54th: A resolution requesting certain information from the office of the Legislative Counsel; and for other purposes.
SR 123. By Senators Brown of the 34th, Wesberry of the 37th, Brewer of the 39th, Salome of the 36th, Coggin of the 35th and Maclntyre of the 40th: A resolution expressing appreciation to Chief Herbert T. Jenkins of the Atlanta Police Department; and for other purposes.
SR 124. By Senators Wesberry of the 37th and Salome of the 36th: A resolution congratulating Joseph L. Sheehan, President of the Georgia Chamber of Commerce; and for other purposes.
SR 125. By Senator Brown of the 34th:
A RESOLUTION
Expressing regrets and sympathy upon the death of Mrs. Marion C. Blankenship; and for other purposes.
WHEREAS, Mrs. John H. Blankenship departed her life on June 30, 1962; and
WHEREAS, she was the former Marion Carlton Godfrey; and
WHEREAS, during her many years as an employee of the Henry Grady Hotel, she was personally acquainted with and rendered assistance to many present and former members of the General Assembly of Geor gia; and
Whereas, Mrs. Blankenship was the mother of seven sons and one daughter; and
WHEREAS, all seven of said sons have served their country in the armed forces of the United States; and
WHEREAS, Mrs. Blankenship was well known for her Christian ideals; and

1118

JOURNAL OF THE SENATE,

WHEREAS, Mrs. Blankenship was the mother of Frank E. Blan kenship, Chief Deputy Legislative Counsel.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the sincerest regrets and sympathy of this body are hereby extended to the family of Mrs. Marion C. Blanken ship.

BE IT FURTHER RESOLVED that as a token of our common grief, the Secretary of the Senate is hereby authorized and directed to forward an appropriate copy of this Resolution with the seal of the General Assembly affixed thereto to the family of Mrs. Marion C. Blankenship and that a copy of this Resolution be placed in the Journal of the Senate and House of Representatives.

SR 126. By Senator Byrd of the 17th:
A resolution commending the Butler High School girls "Bears" basket ball team and Coach Norman Carter; and for other purposes.

SR 127. By Senators Phillips of the 27th and Smalley of the 28th:
A resolution commending Honorable George D. Stewart; and for other purposes.

SR 128. By Senator Plunkett of the 30th:
A resolution extending the congratulations and best wishes of the Senate to the Georgia Baptist Hospital Commission and the entire staff of the Georgia Baptist Hospital in Atlanta, Georgia, on the dedication of the Warren Sewell Nurses Dormitory; and for other purposes.

SR 129. By Senator Webb of the llth:
A resolution authorizing the President of the Senate to appoint an interim committee to study the reapportionment of the Congressional Districts; and for other purposes.

SR 130. By Senators Downing of the 1st, Fincher of the 51st, Johnson of the 42nd, Salome of the 36th, Spinks of the 9th, Coggin of the 35th, Gillis of the 20th, Miller of the 50th, Byrd of the 17th, Brewer of the 39th, Maclntyre of the 40th, Conway of the 41st, Lee of the 47th, Oliver of the 4th, Pannell of the 54th, Owens of the 49th, Harrison of the 48th, Gayner of the 5th, Loggins of the 53rd, Kidd of the 25th, Jackson of the 16th, Moore of the 31st, Heard of the 29th, Plunkett of the 30th, Scott of the 23rd, Pennington of the 45th, Broun of the 46th, Ellis of the 44th, Young of the 13th, Webb of the llth, Carter of the 14th, Gordy of the 15th, Pelham of the 10th, Smith of the 18th, Carlton of the 21st,

FRIDAY, MARCH 15, 1963

1119

Smalley of the 28th, Phillips of the 27th, Holloway of the 12th, Knox of the 24th, and Hunt of the 26th:

A RESOLUTION

Commending Honorable Peter Zack Geer; and for other purposes.

WHEREAS, Honorable Peter Zack Geer, Lieutenant Governor of the State of Georgia and Presiding Officer of this body, as President of the Senate, has demonstrated as such Presiding Officer of this newly reapportioned Senate, strong progressive, forward looking, and effective leadership in the best interest of all the people of Gorgia; and

WHEREAS, the Lieutenant Governor is an excellent and outstand ing parliamentarian whose actions as Presiding Officer of the Senate have been underscored with unusual fairness, frankness, and impartial ity; and

WHEREAS, the business of the Senate has been transacted with dispatch and efficiency as is shown by the fact that the Senate Calendar has been in its best condition in many years throughout this entire Ses sion; and

WHEREAS, he has treated all members of the Senate with kindness and consideration in all maters, and has earned the respect and admira tion of all the members of this body;

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that all the members of this body do hereby express to Honrable Peter Zack Geer, Lieutenant Governor and President of the Senate, their sincerest appreciation for his kindness, his consideration, his fairness, and his impartiality, and do hereby commend him for his outstanding leader ship and effective guidance in presiding over the deliberations of this body.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit an appropriate copy of this Resolution to Honorable Peter Zack Geer.

SR 131. By Senator Jackson of the 16th:
A resolution commending the Woodruff Family of Columbus; and for other purposes.

HR 276. By Mr. Steis of Harris:

A RESOLUTION

Congratulating and extending best wishes to The American Legion on its 44th Anniversary; and for other purposes.

1120

JOURNAL OP THE SENATE,

WHEREAS, The American Legion, a Congressional chartered vet erans organization, is composed of members and ex-members of the Armed Forces of the United States of America who have associated themselves together for the following purposes:
To uphold and defend
The Constitution of the United States of America;
To maintain law and order;
To foster and perpetuate
A one hundred per cent Americanism;
To preserve the memories and incidents of our associations in the Great Wars;
To inculcate a sense of individual obligation
To the Community, State and Nation;
To combat the Autocracy of both the classes and the masses;
To make right the Master of might;
To promote peace and good will on earth;
To safeguard and transmit to posterity the principles of justice, freedom and democracy;
To consecrate and sanctify our comradeship by our devotion to mutual helpfulness.; and

WHEREAS, the officials of The American Legion have at all times been cooperative with the officials of the United States Government and the officials of the Government of the State of Georgia; and

WHEREAS, legislation advocated and endorsed by The American Legion has always been based on need and disability of veterans; and

WHEREAS, The American Legion should be commended for its many accomplishments and on the anniversary of their 44th birthday.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, composed of the Senate and House of Representatives, in Session assembled, that The American Legion is hereby sincerely congratulated and extended the best and most gracious good wishes of the Legislative Branch of Government of the State of Georgia on the anniversary of their 44th birthday.

BE IT FURTHER RESOLVED that The American Legion is hereby urged and requested to continue its efforts for the benefit of the many veterans of the State of Georgia in the United States.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro-

FRIDAY, MARCH 15, 1963

1121

priate copy of this Resolution with the seal of the General Assembly affixed thereto to Honorable James E. Powers, National Commander of The American Legion and to Honorable W. D. Harrell, Department Commander of the State of Georgia of The American Legion.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives and the Secretary of the Senate are hereby authorized and directed to place a copy of this Resolution in the Journal of each branch of the General Assembly.

HR 292. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding and others:
A resolution relative to adjournment; and for other purposes.

HR 283. By Messrs. Towson and Knight of Laurens:
A resolution commending the Dexter High School Girls Basketball Team; and for other purposes.

HR 287. By Messrs. Mixon of Irwin, Fowler of Douglas, Deen of Bacon, Busbee of Dougherty, Andrews of Stephens and Rutland of DeKalb:
A resolution commending and thanking the Sweet Potato Association of Georgia; and for other purposes.

HR 276. By Mr. Steis of Harris:
A resolution congratulating the American Legion on its Forty-Fourth Anniversary; and for other purposes.

The following bill of the House was taken up for the purpose of considering House action thereon:

HB 302. By Messrs. Keyton and Russell of Thomas:
A bill to amend an act creating a Small Claims Court in certain counties, so as to provide for a change in the procedure and practive in garnish ments ; and for other purposes.

Senator Pannell of the 54th moved that the Senate recede from its position in amending HB 302.

On the motion to recede, the ayes were 33, nays 0, and the motion prevailed.

1122

JOURNAL OF THE SENATE,

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative 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:
SB 114.
SR 115.
SR 117.
SR 123.
SR 125.
SR 128.
Respectfully submitted,
Pelham of the 10th District,
Chairman.

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs, has read and examined the following bills and/or resolutions of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for trans mission to the Governor:
SB 5. SB 7. SB 12. SB 14. SB 16. SB 23. SB 25. SB 26. SB 27. SB 29. SB 81.

FRIDAY, MARCH 15, 1963

1123

SB 38. SB 39. SB 40. SB 45. SB 46. SB 49. SB 51. SB 52. SB 55. SB 59. SB 65. SB 67. SB 68. SB 69. SB 70. SB 77. SB 78. SB 79. SB 80. SB 81. SB 83. SB 84. SB 86. SB 87. SB 90. SB 91.
SB 93. SB 98. SB 100. SB 102. SB 104. SB 106. SB 107. SB 112.

1124
SB 114. SB 116. SB 120. SB 121. SB 122. SB 126. SB 130. SB 131. SB 135. SB 136. SB 137. SB 138. SB 139. SB 140. SB 144. SB 146. SB 147. SB 148. SB 158. SB 159. SR 9. SR 14. SR 21. SR 22. SR 24. SR 34. SR 41. SR 64.
SR 91.

JOURNAL OF THE SENATE,
Respectfully submitted, Pelham of the 10th District, Chairman.

FRIDAY, MARCH 15, 1963

1125

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

Mr. President:

The House has passed as amended by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 14. By Senator Phillips of the 27th:
A bill to amend an act entitled "Uniform Act Regulating Traffic on Highways," approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, so as to provide for the inspection of motor vehicles; and for other purposes.

The House has adopted the following resolution of the House:

HR 283. By Messrs. Towson and Knight of Laurens:
A resolution commending the Dexter High School Girls Basketball Team; and for other purposes.

The House has agreed to the Senate amendments and substitutes to the fol lowing bills and resolution of the House:

HR 219. By Messrs. Mackay, Harris and Rutland of DeKalb:
A resolution to create for the citizens of DeKalb County a Commission to study the administration of justice; and for other purposes.

HB 395. By Messrs. Fowler of Douglas and Jones of Worth:
A bill to amend an act providing for the giving of security by owners and operators of motor vehicles, so as to reduce the deposit of security in cases of injury; and for other purposes.

HB 352. By Mr. Lee of Clinch:
A bill to provide that it shall be unlawful to own, possess, use, maintain or operate pinball machines or similar machines in the State of Georgia; and for other purposes.

The House has adopted the following resolution of the Senate:

1126

JOURNAL OF THE SENATE,

SR 117. By Senator Kidd of the 25th:
A resolution expressing appreciation to officials at Georgia Tech; and for other purposes.

The House has adopted the Conference Committee report on the following bill of the House, to-wit:

HB 247. By Messrs. Paris of Barrow, Knight of Berrien, Abney of Walker, Brooks of Oglethorpe, Murphy of Haralson, Mixon of Irwin, and others:
A bill to provide that an insurer who settles a claim or suit on behalf of an insured shall do so in the capacity of an independent contractor; to provide that such settlement shall not affect the rights of an insured against a third party; and for other purposes.

The House has passed by substitute as amended by the requisite constitu tional majority, the following bill of the Senate, to-wit:
SB 65. By Senators Miller of the 50th, Smalley of the 28th, and Johnson of the 42nd: A bill to amend an act creating the office of Georgia Safety Fire Com missioner, approved Feb. 25, 1949 (Ga. Laws 1949, p. 1057), as amended, so as to authorize and empower the State Fire Marshal to make arrests and carry weapons; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolutions of the Senate, to-wit:
SB 139. By Senator Scott of the 23rd: A bill to amend Code Chapter 35-2 relating to the administration of the Milledgeville State Hospital in Baldwin County; and for other purposes.
SB 138. By Senator Scott of the 23rd: A bill to amend an act providing for observation of mentally ill persons and their hospitalization, to provide that psychiatric hospitals owned by the State shall receive aliens; and for other purposes.
SB 148. By Senator Pannell of the 54th: A bill to amend an act creating Jekyll Island State Park Authority, so that the Authority may be known as the "Jekyll Island-State Park Authority"; and for other purposes.

FRIDAY, MARCH 15, 1963

1127

SB 26. By Senator Phillips of the 27th:
A bill to amend an act creating a Department of Public Safety, so as to provide that drivers of school buses must obtain a chauffeur's license; and for other purposes.

SB 146. By Senator Coggin of the 25th:
A bill to amend Section 68-213 of the Code of Georgia, so as to provide for the registration of manufacturers and dealers of motor vehicles; and for other purposes.

SB 130. By Senator Fuqua of the 22nd:
A bill to amend an act entitled "An act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present corporation laws of the State; and for other purposes.

SB 131. By Senator Pannell of the 54th:
A bill to amend an act creating the Peace Officers' Annuity and Benefit Fund, so as to provide for the filing of a notice in connection with disability benefits; and for other purposes.

SR 34. By Senators Brown of the 34th, Wesberry of the 37th, and others:
A resolution providing for the extension of time within which the election study commission created by Resolution 261 of the 1962 session of the General Assembly shall make a report of its findings and recommenda tions; and for other purposes.

SB 116. By Senator Carlton of the 21st:
A bill to repeal Code Section 60-512, relating to the transfer of registered real estate between husband and wife; and for other purposes.

SR 91. By Senators Wesberry of the 37th, Brown of the 34th, and others:
A resolution providing for a Commission to study primary, general and special elections held in Fulton County, Georgia; and for other purposes.

SB 122. By Senators Mclntyre of the 40th, Brewer of the 39th, and others:
A bill to amend an act establishing a new charter for the City of Roswell, so as to change the corporate limits of said city; and for other purposes.

1128

JOURNAL OP THE SENATE,

SB 144. By Senator Noble of the 19th:
A bill to amend an act incorporating the Town of Cochran, so as to create a Zoning Commission for said city; and for other purposes.

SB 158. By Senators Hunt of the 26th and Phillips of the 27th:
A bill to amend the charter of the City of Macon, by adding definite provisions providing for sick and annual leave credits for members of the fire and police departments of said city; and for other purposes.

SB 159. By Senator Miller of the 50th:
A bill to amend an act reincorporating the Town of Young Harris as the City of Young Harris, so as to change the number of council members; and for other purposes.

The House has adopted the following resolutions of the Senate:

SR 115. By Senators Gayner of the 6th, Rowan of the 8th, Oliver of the 4th, and others:
A resolution petitioning the Congress of the United States to reject the changes in timber taxation proposed by the Secretary of the Treasury; and for other purposes.

SR 128. By Senator Plunkett of the 20th:
A resolution extending the congratulations and best wishes of the Gen eral Assembly to the Georgia Baptist Hospital Commission and the entire staff of the Georgia Baptist Hospital in Atlanta, on the dedication of the Warren Sewell Nurses Dormitory; and for other purposes.

The House has adopted the Conference Committee report on the following bills and resolutions of the House and Senate:

HR 21. By Messrs. Smith of Grady, Bolton of Spalding, and others:
A resolution creating the "Governor's Commission to Improve Educa tion," to provide for appointment of members thereof and their tenure and expenses; and for other purposes.

SB 7. By Senator Miller of the 50th: A bill to amend Code Section 32-1004, relating to the qualifications of

FRIDAY, MARCH 15, 1963

1129

county school superintendents, and so as to change such qualifications; and for other purposes.

SB. 12. By Senators Pannell of the 54th and Jackson of the 16th:
A bill to create the North Georgia Mountains Authority as a body cor porate and politic and an instrumentality and public corporation of the State, to provide for its organization and the appointment of the mem bers; and for other purposes.

The House has agreed to the Senate amendments and substitutes to the following bills and resolutions of the House:

HB 429. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, and others:
A bill to amend an act relating to the powers, duties and rights of the Board of Health and the Director of the Department of Public Health, so as to authorize the Director to execute instruments to release proper parties from futher compliance with certain contractural obligations; and for other purposes.

HB 653. By Mr. Barber of Jackson: A bill to amend an act creating the Board of Commissioners of Roads and Revenues of Jackson County, relating to the Commissioners salary; and for other purposes.
HB 656. By Mr. Barber of Jackson: A bill to amend an act creating a Board of County Commissioners for the County of Jackson, relating to the distribution of U. S. Department of Agriculture surplus commodities; and for other purposes.
HB 562. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, and others: A bill to amend an act known as "The Welfare Reorganization Act of 1937," so as to abolish existing county boards of family and children services and provide for appointment of new county boards of family and children services in each county; and for other purposes.
HB 397. By Mr. Killian of Glynn: A bill to amend an act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commis sion; and for other purposes.

1130

oOURNAL OF THE SENATE,

HB 527. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, and others:
A bill to amend an act entitled "An Act to codify the school laws of the State of Georgia, so as to provide that the Board of Education of any county school district shall have the power to equip facilities for education beyond the 12th grade; and for other purposes.

HB 149. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar, and others:
A bill to amend an act providing for retirement benefits for the teachers of this State, so as to authorize the employment of agents for advisory and investment purposes; and for other purposes.

HB 145. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar, and others:
A bill to amend an act creating the Employees Retirement System of Georgia, so as to authorize the employment of agents for advisory and investment purposes; and for other purposes.

HB 477. By Mr. Wilkes of Cook:
A bill to prohibit the hunting and taking of certain birds; and for other purposes.

HR 191. By Messrs. Walker and Gibbons of Lowndes, Killian and Isenberg of Glynn:
A resolution relating to the placing of a marker on Jekyll Island in honor of former Governor M. E. Thompson; and for other purposes.

HB 594. By Mr. Smith of Grady:
A bill to create the Claims Advisory Board, to provide for the composi tion, powers, duties and authority of said Board; and for other purposes.

HR 234. By Messrs. Mackay, Harris and Rutland of DeKalb: A resolution to create for the citizens of DeKalb County a Commission to study public safety; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House:

FRIDAY, MARCH 15, 1963

1131

HB 643. By Mr. Smith of Habersham:
A bill to amend an act creating a Board of Commissioners for Habersham County, so as to change the compensation of the Board of Commission ers and for other purposes.

HB 646. By Messrs. Overby and Williams of Hall:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Hall County, so as to authorize the Board to adopt traffic ordinances or regulations to control traffic upon the streets; and for other purposes.

HB 265. By Messrs. Bell, Hull and Fleming of Richmond and McCracken of Jefferson:
A bill to amend an act relating to trial of civil cases at return term; and for other purposes.

HB 495. By Messrs. Keyton of Thomas, Russell of Thomas, and others:
A bill to amend an act providing a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State officials; and for other purposes.

HB 364. By Messrs. Groover of Bibb, Wilkes of Cook and Hill of Meriwether:
A bill to provide that no State official shall be compensated for any ex-officio office unless the act creating such office specifically provides for payment; and for other purposes.

HB 100. By Mr. Barber of Jackson:
A bill to amend an act establishing a State Board of Education, so as to authorize the State Board of Education to make available instructional courses through the medium of educational television; and for other purposes.

HB 365. By Mr. Milhollin of Coffee:
A bill to amend an act establishing standards for weights and measures, so as to provide for licensing and bonding of persons operating moisture testing equipment and procedure; and for other purposes.

HB 557. By Mr. McClelland of Fulton: A bill to amend Code Chapter 10-5 providing that fees of an auditor

1132

JOURNAL OF THE SENATE,

shall be taxed by the judge and providing for the amount of such fees; and for other purposes.

HB 444. By Messrs. Smith and Mitchell of Whitfield:
A bill to create a new Judicial Circuit for the State of Georgia to be known as the Conasauga Judicial Circuit, to be composed of the counties of Whitfield and Murray; and for other purposes.

The House has adopted the Conference Committee report on the following bill of the Senate:

SB 114. By Senator Kidd of the 25th:
A bill to establish and create the Civil and Criminal Court of Baldwin County, Georgia, in lieu of the County Court of Baldwin County; and for other purposes.

The House has adopted the following resolutions of the House, to-wit:

HR 292. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding and others:
Relative to adjournment; and for other purposes.

The House has adopted the following resolution of the Senate:

SR 123. By Senators Brown of the 34th, Brewer of the 39th and others:
A resolution expressing appreciation to chief Herbert T. Jenkins of the Atlanta Police Department; and for other purposes.

The hour of adjournment having arrived, under the provisions of HR 292, the president announced the Senate adjourned until 10:00, January 13th, 1964.

Senate Journal 1963-1964
Regular Session
Part I--Alphabetical Index Part II--Senate Bills and Resolutions Part III--House Bills and Resolutions

OFFICERS
OF THE
STATE SENATE 1963-1964

PRESIDENT
PETER ZACK GEER------------------------Lieutenant Governor
MILLER COUNTY

HARRY C. JACKSON _ _ _

_ President Pro Tern

MUSCOGEE COUNTY

GEORGE D. STEWART------__-.---------__-_____--_----Secretary
FULTON COUNTY

LAMONT SMITH........__..__....-__-....,.------___----.--..Assistant Secretary
TATTNALL COUNTY

LOUISE LEAVELL .____..----.___--___------------.Legislative Assistant
DEKALB COUNTY

ANN DUNCAN--...--.--________.____---Calendar Clerk
FULTON COUNTY

REBECCA CAUSEY________________________Journal Clerk
DOUGLAS COUNTY

PRESTON B. LEWIS, JR.___________________Messeiiger
BURKE COUNTY

HENRY CASTLEMAN .___,,------------______ ....Doorkeeper
FULTON COUNTY

INDEX

1139

PART I

ALPHABETICAL INDEX

A

(For Numerical Index, see Page 1175)

Abusive Language; prohibit over telephone, HB 288--.--..725, 729, 783, 834, 981 Adams, Clabus E.; compensate, HR 169------------.._--770, 780, 831, 970, 1013
Addresses: Geer, Lieutenant Governor Peter Zack.----------------.--------._----_----... 94 Sanders, Governor Carl E.--__..___---...__--.__..--_--..----------._...78, 88, 99, 613
Adjournment of General Assembly, HR 70----------.......------_....__.....-------- 212, 213 Adjournment of General Assembly, HR 292...._--..-.--__..--.----------------1121, 1132 Adjournment of Senate, SR 4.-----------_..----.--.------------------_..----------__.72 Adoption; consent of father, HB 251--...--....----_--____----------..400, 405, 442 Adoption; remove certain grounds for annulment,
HB 492 --------------_____--.---_----__----------_------..813, 819, 883, 972, 1079
Advertisement; judicial sales, SB 56----------.--.--------------... 259, 303, 631, 662 Advertising, Outdoor; control on highways of Georgia,
SB 123--...___.__._------------------------------519, 594, 632, 634, 641, 644
Advertising; regulate, SB 55---------------- 259, 303, 631, 659, 718, 1029, 1123 Advertising; unlawful to post on roads or streets, SB 33 - 232, 248, 253, 331, 354 Agricultural Limestone; regulate registration
SB 27---._---------- .__.__--,,--_------220, 236, 263, 328, 354, 586, 1122 Agricultural Terms; define, HB 473----------------------------..--646, 651, 678 Agriculture, Commissioner of; determine quality of citrus fruits,
SB 82.-.--------------_----------------_.--..._.._ 293, 343, 378, 396, 417, 771, 808
Aid to Dependent Children Act; define certain words, HB 326-______.........--...._...._......._...__.....--....----- 668, 674, 738, 835, 986
Aid to Disabled Act; relieve counties financial participation,
HB 324----__....-------- ...--------------.__._._..._._... 668, 674, 737, 835, 985 Airports Act, Uniform; landing fees, SB 41-----_...------_ 233, 249, 415, 419, 449 Alapaha Judicial Circuit; solicitor general, expenses,
HB 628 ----------__-------------------------------_-.-816, 824, 887, 975, 1048 Albany and Dougherty County; acquire land, HB 615.----812, 822, 886, 975, 1045 Albany and Dougherty County; funds for board of education,
HB 617------------.--------_--.------------__----__-814, 823, 886, 917, 1046 Albany and Dougherty County; merge school systems,
HB 616--------------____.---------------.._----------812, 822, 886, 975, 1046 Albany, City of; corporate limits, HB 621--_--------..--814, 823, 887, 975, 1048 Albany, City of; draining of lands, HB 618----------..--814, 823, 886, 975, 1047 Albany, City of; police department bonds, HB 619---..-- 814, 823, 887, 975, 1047 Albany, City of; wards, HB 620--------.------_.----_.....814, 823, 887, 975, 1047 Albany High School Stadium Authority; create,
HB 614-.--------.--_.-------- -------_------------------.--811, 822, 886, 975, 1045
Alcoholic Beverages; prevent sale of within 500 yards of church or school, SB 174-_____.._____.__._.._..------..__------_..------.._.... 1026
Alcoholic Beverages; unlawful non-resident to give information on spiritous liquors, SB 163----------.------___.____--------------.--.727, 782
Alcoholic Beverages; unlawful to sell or possess non-tax paid, SB 160---------___._...----__.._...__.._.....__----------..------772, 825

1140

INDEX

Alma, City of; amend charter, HB 631---------------860, 873, 959, 974, 1049 American History Month; designate, SB 121--518, 594, 632, 637, 664, 1029, 1124 American History Month; designate, SR 55--_.._.._.....---------- 450, 499, 671 American Legion; congratulate on 44th anniversary, HR 276----1116, 1119, 1121 Andrews Female College; amend act incorporating,
HB 438-.------_--.._.._------------------------------.588, 592, 629, 680, 693 Andrews Female College; term of trustees, HB 57 __----_____.._ 207, 209, 226 Apartment Ownership Act; create, HB 312 __..__-363, 370, 412, 657, 762, 817 Appellate Courts; cost for transcript, SB 46--247, 262, 265, 332, 354, 669, 1123 Appling County; amend charter, HB 433--_--___._.______--687, 591, 628, 739 Appling County; board of education, HB 434____.__587, 591, 629, 739, 745, 967
Appointments:
Adams, Hon. Wallace.--.--....-- ._...--._.__.._...._____--...--__----._--.__._._.993 Atherton, Hon. Lucius H., Sr..--_............_....._--..------...--......---- ..----._._ 991 Barbin, Mrs. Olive L..--.__----------------------.____---------------- 989 Barnard, Hon. D. Douglas, Jr.____~~--_--___._..._._--...----.._-992 Barnes, Hon. M. H., Jr.-------------------------____-.____.--____..__-987 Bell, Hon. John__...------------------------------___._.._.______--992 Blassingame, Hon. Walter--------------------_______,,_--------._.._.________ 993 Bledsoe, Hon. Virgil--______-___...____.__.._____---...----995 Bowen, Hon. L. E., Sr.--_.__..__.__._._.__....._._._____-....--.991 Bridges, Hon. Ed L----.__..__._.__...._..___.__.____.__..._._.__--996 Brooks, Hon. Stanley--_______________-_______-_._____990 Burson, Hon. B. T.....___._____-.__..___.....___.___._..____. 989 Butcher, Hon. L. C._....____...__..__________________.._....--987 Caldwell, Hon. Horace G.----_.....__..._.._.__..___...__-._..___...... 992 Chambers, Hon. Richard-__._._.__...__.____..________._____--994 Coles, Hon. W. C-------___.._..____-__..__.---__-__-__---__ 995 Constangy, Hon. Frank A.----------------__.._________------.987, 989 Cox, Hon. Sig ---------.----------_-__-_____-__----------996 Darby, Hon. James F., Jr.-----._--------------------____._--_--993 Davis, Hon. Robert T--___._____.._.._________--____._990 Dean, Hon. John.-------_.___....--_____________________-994 Dodd, Hon. Lamar_.._._____.______-________________.--996 Doster, Mrs. Thelma W----_... ------._______________--..--988 Durden, Hon. Homer S.___...._..__.______..__.__.______....-989 Earle, Hon. T. W----------________-_________-_______--__-988 Erickson, Miss Viva------___--...______--_____.__.______.-991 Fleming, Mrs. E. W. ._._....._.._...._________._________-___----996 Gaston, Hon. Hugh W--------__..__.._______.__.._..__------988 Goode, Hon. Carter---_______.________._._______----------994 Grant, Miss E. Louise-____._..._._____~_~______._....__--991 Green, Hon. James T------........._..._....._....__....____.___.....----._..__.993 Griffin, Hon. E. E., Jr.--.__..__._.__.._.__._.___._..--------------.993 Hancock, Hon. Donald--__._.._._...____._....._...__.____----------991 Harper, Hon. John C--__-___.___------_--_____-_----__-996 Harper, Hon. William L.____...___--_.-_...._,,.________--------994 Harrison, Hon. G. Hughel-__.____----------------____...__-..------994 Harrison, Hon. John S..___..___.._.--.__..._.._...._________.._995 Harrison, Hon. W. T.--..__._____-__-_..._--._--___.----___--988 Hearin, Hon. David L--._____.____....__...--.....___....._.._._--995 Hearn, Hon. George J.----_-_._._..._--------------___..___,,__--992 Henderson, Hon. George W., Jr.--_...---__.__--_--.____----....__--997 Hickman, Hon. Earl-_..._..__------_------------._..____.----------995 Hillard, Hon. Oscar--__...__.......--....-___._...--._--____----------989

INDEX

1141

Hubbard, Hon. C. S.----_..._..____.__-- .--------._--------.__------987 Jackson, Mrs. Euby G.------------__._._..._. .--------.--------.__............994 Jay, Hon. Wistar T.____...______...____..._...._.-.._...._____--.993 Johnson, Hon. J. Brantley....__--_.....__._......____..._....._..__._993 Kinsey, Hon. Cliff, Jr..._.__....__._____._._._.----------------_...--990 King, Hon. Douglas....__.._____..--._.....--........__...------...._.__--...994 Knox, Hon. Peter S., Jr----__..___.________.,,_.._.._......__..--....990 Langdale, Hon. Harley, Jr.....----------------------------------_--._.._996 Masters, Hon. Hugh B._______..______.__..__..___.__...----.988 Mathis, Hon. J. F., Jr.....__.................__.------------_----_____......_996
Mauldin, Hon. John T.___--..._.._.._......_.._._,,__..--.....__________--988 McCluskey, Hon. George.------.------------...___------------------__.------_._991 McDonald, Hon. Louis.----------_------------.------------.--------.---- 994 McDonough, Hon. Jack J.........--..._...._------.....___.._----..__.._--990 Meyer, Hon. Sylvan........_..._.----.._.__----------------------,____.__.....990 Milner, Hon. Thomas H., Jr...._____......--.........._._.--__..__.....__,,_991 Morgan, Hon. L. H..._.___..__--..._..___-------------._..._...__--995 Morris, Hon. Raymond..--------__..._.____..--....--..._...--._..._.._______..992 Morrow, Hon. Troy G....----___.__.__----.............------_......__.--987 Neal, Hon. Henry G.----..__.__.--..------._..--.--------------_.............992 Needham, Hon. John D.----__---- __._.----.--....._--___.............--..._...._ 988 Newsom, Hon. Earle T., Jr.--.------.----_-----....----_..._._...------------989 Nichols, Miss Betty 0....------------..........._....----..----....------__..----...........991 Owen, Hon. James C., Jr._------.--------..----_____..__..__----....-.....992 Payton. Hon. Donald......--____.._._.._____.._______.__--..._--995 Peyton, Hon. Garland........__----...._._..____..___----------------------992 Pickett, Hon. John P.. ..----...._....----_.___..___....___...._............990 Phillips, Hon. Ray.----........._------_------_._.__.._.............__...................996 Pirtle, Hon. Jon A..----------------------.__._------------..__.__.......988 Pomoroy, Dr. W. L..----------.___....___.._..__...,,....--............__....._.__..---- 989 Rankin, Miss Barbara.-...----_____________........--.._--------........988 Rivers, Hon. Wayne K._--.._...._..___.___--_----------------------997 Rodgers, Hon. Paul......__._----__._.__.._....__............--.........................994 Russell, Dr. Edward K.-------_.____.__.__.._--------------..___..991 Schaefer, Mrs. Bruce......._._.....----_.._....._......----__----........_.988, 993 Seigle, Hon. John S----__..------...----_.._.,,._------------------.----_988 Shoerner, Hon. Roger- ...__._.__.._ ._._......_._.....--..__..._._.._.....989 Smith, Mrs. A. B..........--_.__..----_......._.__..._........_--------------991 Smith, Hon. Jasper E----.....--_____.......__..------------,,.------_--------995 Smith, Hon. Wm. E.--..........._------------__.----------..--...._.__..--..----.. 993 Statham, Miss Lois----------------.----_--__----...._____.__._.............991 Stone, Hon. Paul--------------_.._----_--------..------..-------------- 993 Sutlive, Hon. Kirk..---------------_____.----...--......--------------989 Tarbutton, Hon. Ben, Jr.------.------------__........--------_.--------.,,..._.990 Taylor, Mr. Al...__.....----..._----._----__...__--....------.._----------_._._.996 Therrell, Hon. James H........--------_._...__..._----------------------....--.. 995 Tollison, Mrs. Virginia.----.----.------------------------.----------...--..-- 997 Travis, Hon. L. Edd...__------..........._.._....------------_.--..___------..._.990 Trimle, Dr. Hassie H., Jr.--------------------------...--................----.... 996 Trotter, Hon. William P.----------------.._....... ..........._...--._......_._..... 992 Undercofler, Hon. Hiram K.._..----_.....___......_----...__............._...... 992 Venable, Hon. John H...----.,,_..._.......__..._------.----......------..........987 Wallace, Hon. Howard..............----........_....._..._----------,,..... -- ...----994
Watkins, Hon. Richard W., Jr.----------..------..--.------..----................989
West, Hon. William M....------------.------------------....---- ......... 992

1142

INDEX

Wilkes, Hon. Wilson B.----------------.. .------.----.--------.------------..--996 Wyatt, Hon. L. L.--------_.__----____._._.------__...__.--------------995 Appropriations Committee; relating to, SR 26--------------------------------204 Appropriations Committee of Senate; relative to, SR 30--------------------------211 Appropriations for Operation of State Government, HB 48.--------------_------------501, 503, 522, 790, 797, 892, 930, 951, 968 Architects; military personnel, SB 106------_.403, 441, 526, 570, 607, 967, 1123 Area Redevelopment Finance Administrator; create office, HB 340----__,,__.__,,...__...______----_.__.____.-766, 775, 827, 889 Armstrong Junior College; mayor of Savannah ex-officio member, HB 245 -_----_--------_--------_-------- ----_.------------------.357, 367, 409 Arnold, Hon. Luke S.; express regrets at passing, HR 73..------.--------218, 219 Arson; penalty for wilful burning of real and personal property, SB 63------------------___--_--------------------------260, 304, 377, 420, 449 Athens, City of; amend charter, SB 16..--------.----180, 192, 264, 305, 354, 1122 Athens, City of; quorum for city council, HB 253----------358, 367, 409, 469, 483 Athens, Open House; express appreciation for, HR 23------.----_----__.156, 169 Atlanta, City of; amend charter, HB 25--------------------215, 221, 237, 264, 314 Atlanta, City of; amend charter, SB 134--------.----------622, 653, 679, 683, 755 Atlanta, City of; amend charter relating to sewers, HB 27__.____--____..._--------------------..------215, 221, 237, 264, 315 Atlanta, City of; annual reports, HB 237-...--_--.--......-429, 435, 464, 523, 531 Atlanta, City of; benefits and pensions for employees, HB 236----_____.___--------------------..--------------429, 435, 464, 523, 531 Atlanta, City of; business licenses, HB 36----------.------.215, 221, 238, 264, 315 Atlanta, City of; clerk of criminal court, HB 347... ___.609, 625, 655, 679, 688 Atlanta, City of; corporate limits, HB 137.....----------......--284, 295, 345, 375, 381 Atlanta, City of; corporate limits, HB 196--------..............--429, 435, 463, 523, 530 Atlanta, City of; corporate limits, HB 198------------------429, 435, 463, 523, 530 Atlanta, City of; corporate limits, HB 856....--------------517, 519, 594, 679, 689 Atlanta, City of; employees' insurance, HB 34------------215, 221, 237, 264, 315 Atlanta, City of; fire department, pensions, HB 29--.........229, 235, 250, 469, 475 Atlanta, City of; fire department, pensions, HB 32.....----229, 235, 251, 469, 476 Atlanta, City of; justice courts, abolish, SB 103..----....--403, 440, 523, 527, 607 Atlanta, City of; police department, pensions, HB 30----.229, 235, 251, 469, 475 Atlanta, City of; police department, pensions, HB 33------229,235, 251, 469, 476 Atlanta, City of; police department pensions, HB 136----431, 435, 463, 523, 529 Atlanta, City of; refund pension contributions, HB 28--.229, 234, 250, 469, 474 Atlanta, City of; treasurer, HB 31----------------.----229, 235, 251, 469, 475 Atlanta, City of; water mains in East Point, HB 26.--......215, 221, 237, 264, 314 Atlanta Judicial Circuit; abolish fee systems, Superior Court, HB 476 ._......_......._.__-,_--.-------..__...------.------610, 625, 655, 680, 696 Atlanta Judicial Circuit; disposal of business, HB 268--..359, 368, 410, 888, 998 Auditor's Fee; to be determined by judge making referral, HB 556...----.------.------------------------------815, 820, 884, 972, 1017
Auditor's Fee; to be taxed by judge making referral, HB 557..------..-------------------------816, 821, 885, 972, 1018, 1131
Auditor's Report, State; furnish to General Assembly, HB 638 ...------..------------.----------------------858, 874, 959, 1031, 1099
Augusta, City of; Civil Service Commission, HB 649--.------.859, 875, 960, 1054
Augusta, City of; municipal court, amend, HB 585--------..-------------------------------768, 778, 829, 890, 916, 1027
Austell, City of; corporate limits, HB 474----------------.--.586, 593, 630, 680, 696
Automobile Liability Insurance, HB 394..............---------- 517, 520, 595, 740, 844

INDEX

1143

Automobile Seat Belts; unlawful to sell automobiles without, SB 39 .._----.__----------_------_------.233, 249, 415, 417, 449, 771, 805, 1123
Avera, Town of; amend charter, HB 242 --------------------357, 366, 409, 679, 687

B
Bacon County; divide into districts; HB 243----------------357, 367, 409, 469, 481 Bailey, J. T.; compensate, HR 173 ----------------------------770, 780, 831, 970, 1013 Bainbridge, City of; employees retirement, HB 234_.~_.__..290, 302, 350, 375, 390 Baker County; certain officials, salaries, HB 467----646, 651, 678, 891, 898, 1027 Baker County; sheriff's salary, HB 466.--------------------------646, 651, 678 Baker County; tax collector's compensation,
HB 468....---.----.-----------.----.----------646, 651, 678, 891, 899, 1027 Baldwin County; civil and criminal courts,
SB 114.----__--_--.601, 521, 739, 742, 807, 969, 1034, 1071, 1122, 1124, 1132 Bank Officials; notification of irregularities, SB 72--------------------------292, 342 Banks; application for charter, SB 71--------.--------------292, 341, 377, 395, 416 Banks; change in location of office, HB 194------------------456, 458, 504, 657, 849 Banks; define "city", "town" and "village",
HB 398..----..----.---------_-_--_----..--------..812, 818, 883, 973, 997, 1065 Banks; ownership of real property, SB 70----_ 291, 341, 376, 395, 416, 966, 1123 Banks; payment of capital stock, SB 68_--.--291, 341, 376, 394, 416, 966, 1123 Banks; relocate main office, HB 193----.__..._._____----__456, 458, 504, 657, 849 Banks, Superintendent of; office hours,
SB 69------_.----------..--------------------291, 341, 415, 418, 449, 966, 1123 Bar Examination; Justices of Supreme Court to fix
date for holding, HB 330.-...-...........____...----............_..._..585, 590, 628, 657 Bar, State; establish, SB 62--._--------..___- 260, 304, 377, 393, 416, 613, 661, 807 Barber and Beautician Examiners, State Board of:
define bartering, HB 226------..-__--_--..--_--------.609, 654, 682, 715, 772 Barrow and Floyd Counties; convey easement, HR 159......770, 780, 831, 834, 946 Bartow County; commissioners of roads and revenues,
HB 81____--..____.--.___--_.__--____--_--______.__--.___----------217, 223, 239, 263, 322 Bartow County; create office of tax commissioner,
HB 82 ...___----.-_--__--._----__--_----.--------..___----217, 223, 239, 264, 322 Bartow County; deputy clerk of superior court,
compensation, HB 79..--_-_--_------------------...__------216, 223, 239, 263, 321 Bartow County; ordinary's clerk, salary, HB 80------------217, 223, 239, 263, 321 Bartow County; sheriff's deputies, compensation, HB 78.__.216, 223, 238, 263, 321 Bartow County; sheriff's salary and office equipment,
HB 83 ...------ .----_._._--.--------..----_.._.------------------ 217, 223, 239, 264, 322
Basketball Game; members of Senate and House, SR 75 .______..____.._._._--658, 718
Basketball Game; Senate and House members, SR 54------------..... ....449, 499, 646 Battleship "Missouri"; make funds available to acquire
and maintain, SR 53.__.._____.--...__...._...__...--___----_--______.. .............449, 499, 518 Bell, Mrs. Richard L.; compensate, HR 49---------...--.769, 779, 831, 970, 1009 Bibb County; board of commissioners, amend, HB 667--....___.__.._..__.857, 970, 1057 Bibb County; change division line in senatorial district, SB 172 ,,._--._.------_. 1026 Bibb County; civil court, create, HB 668----.-___.----___--__----____----857, 970, 1057 Bibb County; qualification fees, certain officials, HB 418----812, 818, 883, 1096 Bible; suspend sales tax, HR 15 ................................................179, 181, 193, 240, 241 Billboards; control on highways of Georgia, SB 123......------__..--. ,,__...----.....-- . Bills of Exception; adverse rulings, SB 141...----........---- ....__--.___.._..........649, 67G Bipartisan Commission; election law reform, SR 19------------.----.----180, 192

1144

INDEX

Birds; prohibit hunting and taking of certain birds,
HB 477----------------------_------------------766, 775, 828, 1032, 1081, 1130 Blankenship, Hon. John Douglas; congratulate, SR 113._...,,__----------------...1023 Blankenship, Mrs. Marion C.; regrets at passing, SR 125.----..-1030, 1117, 1122 Bleckley County; commissioners' compensation, HB 335--432, 437, 465, 523, 534 Bleckley County; create office of tax commissioner, HB 333--.459, 504, 523, 533 Bleckley County; ordinary's compensation, HB 334... ..--.432, 437, 465, 523, 534 Blind, Georgia Factory for; observe State holidays,
HB 327,-------------..-.----------_--------------647, 650, 677, 791, 844 Board of Barber and Beautician Examiners; abolish,
HB 226._.--._--..----------.---------------------.....609, 654, 682, 715, 772 Board of Education; allocation of funds, SB 142 _--._----------_649, 676, 682, 847 Board of Education; educational television, provide
for, HB 100..-------------.-------------------812, 818, 882, 973, 1004, 1131 Board of Education; finances for Fulton and DeKalb
Counties, SB 132______.________.__------..----622, 653, 682, 846, 855 Board of Education; recompute pensions of certain
teachers, SB 135------------------------------622, 653, 679, 684, 755, 859, 1124 Board of Examiners of Warm Air Heating Contractors;
create, SB 28--------.-----.--------------220, 236, 265, 391, 632, 635, 664 Board of Health, State; duties of director,
HB 429_--------_------.------------------------.812, 819, 883, 1032, 1081, 1129 Board of Health, State; payment of expenses by
counties, HB 498.....__.....------_--------------...----..----...814, 820, 884, 972, 1004 Board of Optometry, State; clarify authority,
SB 80--.----------._--------------...--..293, 343, 378, 417, 449, 863, 868, 1123 Board of Preservation; natural areas, create, SB 20----------------.208, 225, 658 Boards of Education, County; compensation, HB 254 .----433, 436, 464, 509, 510 Boards of Education, County; insure employees,
HB 152.._----------_--_-.____----_.----.--------------284, 298, 346, 377, 398, 445 Boats; fix situs of, SB 54 ------_----------------_,,--------...--------.259, 303, 415, 446 Bond Forfeiture; unlawful, SB I----------------------------.117, 158, 468, 492, 500 Bonds, tax collectors and commissioners, amount
required, HB 96--------------------------------_.----.--.-230, 236, 252, 263, 332 Bostick, George H.; commend, HR 189------------------------------.612, 633 Boston, City of; amend charter, HB 229--------------------289, 301, 349, 376, 389 Boston, City of; amend charter, HB 230--------------------289, 301, 350, 376, 389 Bowdon, City of; amend charter, HB 416--------------.516, 521, 596, 680, 692 Bowles and Tillinghast, Inc.; compensate, HR 190--------770, 781, 832, 971, 1015 Brantley County; commissioners, compensation, HB 629--815, 824, 887, 969, 1049 Brasstown Bald; open road to Young Harris, SR 72--._------------------------658 Breaking and Entering; temporary buildings, HB 487.------.--------863, 872, 957 Brooks County; commissioners' clerk, HB 663----.-- .--------------... 970, 1054 Brooks County; create small claims court, HB 233----.----357, 366, 408, 469, 480 Brunswick, City of; ad valorem tax, HB 94----------.----.218, 224, 240, 264, 324 Brunswick, City of; commissioner at large, HB 566------------767, 776, 891, 910 Brunswick-Glynn County Development Authority; members,
HB 558 .---_-----..---.------------------___----724, 734, 788, 789, 910 Brunswick Judicial Circuit; secretary for superior court
judge, SB 100 --------------------------402, 440, 468, 494, 514, 859, 1123 Budget Bureau Act; amend, HB 64._--------.--------....------283, 294, 343, 414, 417
Bulloch County; coroner's compensation, HB 464--------814, 819, 883, 974, 1040
Burial Places; punishment for desecration, SB 147------------------------------671, 736, 833, 845, 853, 1029, 1124
Burke County; board of education, HR 161.,--.------------648, 652, 678, 834, 1101

INDEX

1145

Burke County; coroner's compensation, HB 531 ___._......._____. 722, 732, 785, 891, 902 Burke County Development Authority; create, HB 292 .... 360, 370, 412, 470, 486 Burton, Hon. Joe N.; express appreciation to, SR 120 ...._......................__.......__ 1116 Burton, Mrs. R. C.; express regrets at passing, HR 98 __- -- .---...--.---.------_ 246 Business Trade and Commerce Committee; create, SR 1&................ ............. 658 Butler High School; commend girls' basketball team and coach, SR 126 _____ 1118 Byrd, Senator Garland T.; present gavel and Bible, SR 10......................... _____ 156

C

Calhoun, City of; incorporate, HB 118 ................................... 286, 295, 344, 375, 381

Calhoun County; change terms superior court, HB 46.... 229, 235, 251, 265, 316

Callenback, Ralph R.; compensate, HR 192 ___________________ 865, 879, 963, 1031, 1111

Callihan, Luther; compensate, HR 95 ____________________________ ..769, 779, 831, 970, 1010

Camilla, City of; amend charter, HB 204...............____..._...._ 287, 300, 348, 376, 386

Candidates; majority vote required in elections, HB 117....--____________,, 401, 404, 441

Candler County; commissioners of roads and revenues,

HB 287-._____.__._--_______...._.._.-._____.___.___.-.-_________....-_-.__________...360, 370, 411, 470, 486

Canton, City of; corporate limits, HB 22 ________...____________.___._179, 181, 193, 265, 313

Canton, City of; corporate limits, HB 21__________...-__.___ _____._... 179, 181, 193, 265, 313

Capital Punishment; excluded under 21 years of age,

HB 40 ___.._._____.___..._..__...._______... 336, 339, 373, 525, 574, 645, 661, 670, 838, 930

Carrollton, City of; tax rate for school purposes,

HB 403 _........__-_____._........________.......__.____...._..........._________....._ 585, 591, 628, 679, 691

Carrollton Payroll Development Authority; create,

HB 551___......__-___.._._._._..._.--._______.__.______________._.____-_-_______.__..._.-724, 734, 787, 891, 902

Castleman, Hon. Henry; elected Senate doorkeeper_______,,.....______ ____________ __________._..,,_ 66

Castleman, Mr. and Mrs. James Woods; commend, SR 62 __________._...____________._.. 583

Catoosa County; board of utilities commission, HB 526....__722, 731, 785, 789, 903

Catoosa County; clerical assistant to sheriff, HB 362 ___..__431, 439, 467, 891, 895

Catoosa County; superior court clerk's compensation,

HB 361..._...____........._....________.......__

... ____ ___431, 439, 467, 679, 689

Cedartown Development Authority; create,

SB 59 .._...__..........._.._.._._ 260, 304, 523, 527, 606, 726, 1123

Census, Federal; effective date in Georgia laws,

HB 410 ._._...__.....-_.......-___________...._726, 729, 783, 889, 999

Centennial Medal; struck, SR 109..........-.............-...-..............-_...._......................... 1022

Centerville, City of; mayor's salary, HB 368......... _._______.__._452, 459, 505, 523, 540

Chamblee, City of; sanitary taxes, HB 278

. .._ _ 359, 369, 411, 469, 485

Charlton County; commissioners, number of members,

HB 371 ....

_453, 460, 505, 523, 540

Charlton County; county employees, compensation,

HB 370......................-.......----.......--....-..-...----........... 452, 460, 505, 523, 540

Charlton County; superior court, terms, HB 369--___...._._._ 517, 520, 595, 679, 690

Chatham County; coroner's salary, SB 57....__.._._______....__...____.___...__________..._ 259, 303

Chatham County; extension of 52nd street,

SR 41 _.._.-..

234, 250, 264, 308, 354, 771, 1124

Chatham County; Senatorial race contested ____..,.._.._______......__________.___________ __.,_._61

Chattahoochee-Appalachicola-Flint Waterway; relating to

development of, SR 32 _...._..._.__._...._..._

212, 241, 246

Chattahoochee County; tax commission, HB 465 ______....__.__ 586, 593, 630, 680, 696

Chattooga County; clerk superior court, salary, HB 11 .______..__... ..____178, 180, 192

Chattooga County; commissioner roads and revenues, HB 16............. 178, 181, 192

Chattooga County; ordinary's salary, HB 12 ....___.___..._..._._________._._.._ 178, 180, 192

Chattooga County; sheriff's salary, HB 15 ._..._......__.

178, 181, 192

1146

INDEX

Chattooga County; tax collector's salary, HB 13..__...--------------..._.............. 178, 192 Cherokee County; compensation of commissioner's clerk,
HB 329--------__---------- __.___--__._.___----432, 436, 465, 523, 533 Cherokee County; land conveyance, HR 148--.__........_669, 675, 739, 834, 1096 Cherokee County; salary certain officials, HB 286--------360, 370, 411, 469, 486 Cherokee Indian Nation; develop for tourists, HR 57--...865, 881, 963, 1030, 1091 Children; age of responsibility, SB 99------------------ .........402, 440, 833, 846, 950 Children, Dependent; aid to, SB 3_._.------_.......----__....._._____118, 158, 305, 329, 354 Citizens Band; Radio Stations, special license tags, SB 60--------------. -- 260, 304 Citizens Committee on Legislative Pay and Perquisites; create SR 35----233, 250 Citrus Fruits; commissioner of agriculture to determine quality of,
SB 82--.--.----_----_.----------------------293, 343, 378, 396, 417, 771, 808 City Courts; create in certain counties, SB 129------..----622, 652, 679, 683, 755 Civil Cases, trial at return term, HB 265----..........667, 673, 737, 1031, 1097, 1131 Civil Cases; minimum filing fee, SB 44..----------.-------- 246, 261, 525, 577, 606 Civil Defense Act; provide organization in each county,
HB 426--.._----..--..----_.----.-._..------------_....__.669, 675, 738, 833, 1002 Claims Advisory Board; create, HB 594--------_... 858, 873, 958, 971, 1086, 1130 Clark, Elijah Grave; urge Budget Bureau to repair,
HR 240--___.._------..------..--._._----------__--.----.864, 923, 1030, 1096 Clarke County; juvenile court, HB 576...----------._--.__..867, 880, 964, 972, 1041 Clayton County; civil service system, HR 112--------------361, 372, 413, 470, 561 Clayton County; civil service system, HB 408----.----------516, 520, 595, 680, 691 Clayton County; commissioners of roads and revenues,
HB 219------_-----.--------------....--------------------_. 288, 301, 349, 376, 387 Clayton County; create office of tax commissioner,
HB 220 ----------------------------------..________...288, 301, 349, 376, 388 Clayton County; criminal court, judge and solicitor,
HB 580------------------_..__--_--..--__.....--........................767, 777, 829, 891, 912 Clayton County; establish law library, HB 407--------------516, 520, 595, 680, 691 Clayton County; fire prevention districts, tax,
HB 375--_----------------------..------...------...--..453, 460, 506, 524, 542, 645 Clayton County; governing authority to enact ordinances,
HR 113----------------.---...--.--._----.--_._------ 361, 372, 413, 470, 563
Clayton County; ordinary on salary basis, HB 250...------358, 367, 409, 469, 483 Clayton County, regulate business in unincorporated areas,
HR 111....----.--__.__.--------_._------------ ------__.....361, 372, 413, 470, 559 Clayton County; sheriff, clerk superior court, salaries,
HB 221...._._.....----------_----__--------_._------------ 288, 301, 349, 376, 388 Clayton County; water authority, membership, HB 608....811, 822, 886, 975, 1044
Clayton Judicial Circuit; personnel, judge, solicitor general, HB 222.------------------......._...._.___...._--------_------------ 289, 301, 349, 376, 388
Clayton Judicial Circuit; salary, court reporter, HB 218-.......----_.-..--._.----.------------------------... 288, 301, 349, 376, 387
Clerks, Superior Court; collect recording fees, SB 45 ._..-.__--.----._--..--------.----. 247, 261, 265, 329, 354, 670, 755, 1123
Clerks, Superior Court; retirement, advisory agent, HB 148-------------------------------------. ----283, 296, 345, 468, 495
Clermont, Town of; amend charter, HB 538-------- --722, 733, 786, 790, 906
Clinch County; commissioners clerk, compensation, HB 232.------.------------.-------.-.---------.. ----289, 302, 350, 376, 390
Cobb County; amend charter, SB 125 __...........--.....-___-.--------....--------.589, 627
Cobb County; board of commissioners, create, HB 442 ------.----.--___.....---------.-..---------.587, 592, 629, 740, 746, 817
Cobb County; business licenses, HR 197 .._...--------...------------ --.--815, 824, 888

INDEX

1147

Cobb County; civil service commission, HE 118.--------...--.361, 372, 414, 470, 568 Cobb County; civil service system, HB 659---------------------859, 876, 961 Cobb County; Marietta Water Authority; create,
SB 126.------------------------------------589, 627, 679, 683, 755, 859, 1124 Cobb County Planning Department; create, HB 244......... 357, 367, 409, 469, 482 Cobb County; provide Junior College in, SR 50....---------------..... 404, 441, 795 Cobb Judicial Circuit; court reporter's salary, HB 384......----.461, 506, 657, 664 Cochran, City of; create zoning commission,
SB 144 _.----.....--___......._..-.----.....---------649, 676, 739, 742, 807, 1124, 1128 Collection Agents; filing of bond, HB 548 ------_------.--------..------.867, 880, 964 College Park, City of; mayor's salary, HB 261-....--------.. 452, 458, 504, 523, 531 College Park, City of; recorder's court, HB 195----------452, 458, 504, 523, 529 College Park, City of; relating to budget, HB 197--------. 452, 458, 504, 523, 530 Collins, Mrs. L. R.; compensate, HR 53----.----------.----337, 340, 375, 414, 427 Colquitt, City of; amend charter, HB 249--------------------358, 367, 409, 469, 482 Colquitt County; small claims court judge, HB 478--------723, 730, 786, 888, 900 Columbus, City of; amend charter, HB 381------------------453, 461, 506, 524, 544 Columbus, City of; become self-insurer, HB 256----------- 358, 367, 409, 469, 483 Columbus, City of; employee's pensions, HB 257----------647, 650, 677, 739, 745 Columbus, City of; employee's pension system, HB 255--647, 650, 677, 739, 744 Columbus, City of; medical center board of commissioners,
HB 382 ...---_...-_----.__----------_.__.__.__--------..-461, 506, 524, 544 Columbus, City of; title to certain property, HB 258------358, 368, 410, 469, 633 Columbus Ledger and Columbus Inquirer; expresses appreciation to,
SR 116.--...-.-._-.--...--..-..----.....----------------..-------..--------------1023 Columbus-Muscogee Health Fund; appropriation,
HB 534....-.----------------.----..----------------_------ .722, 732, 786, 789, 905 Commerce, City of; amend charter, HB 654..----------.........--------868, 974, 1052 Commission for Election Law Reform; create, SR 19--------------------...180, 192 Commission for Revision of Constitution; create
HR 137_--------.---------------------------.611, 627, 656, 833, 944 Commission, Governor's, for Efficiency and Improvement in Government; create,
SR 9 ... . .... . 158, 176, 184, 187, 204, 258, 512, 582, 869, 929, 931, 1124 Commission, Forward Georgia; create HR 185--------858, 876, 961, 1031, 1085 Commission, Governor's to Improve Education; create,
HR 21 --------179, 182, 193, 253, 255, 499, 869, 1021, 1022, 1030, 1070, 1128 Commission to study Industrial Loan Business; create,
HB 421-...----.-------------------------.------771, 777, 827, 891, 942, 1000, 1021 Commission to study Public Pensions; create,
SR 36 -.._-----.--.___.---------__..----..---.--. 234, 250, 632, 637, 664 Commission to recommend revisions of State Constitution; create,
SR 23......--.--..-.----.---_------------------------------__--.--- 191, 210 Commission, Governor's, for Scientific Research and Development; create,
SR 64------.---------------------------623, 654, 740, 750, 755, 858, 1124 Commissioner of Agriculture; conduct research for use of "MH-30,"
SR 25 -....-.-----_......-.-.-.....-.---_..----___....----------------204, 213, 230
Commissioner of Agriculture; determine quality of citrus fruits, SB 82----------------__----_..----------------.293, 343, 378, 396, 417, 771, 808
Committee, Appropriations; relating to, SR 26------------------------------.-.-- 204 Committee, Business Trade and Commerce; create, SR 76.--------------------658 Committee, Citizens on Legislative Pay and Perquisites; create,
SR 35 -_-.-_---.-_.----.--_....._.-----.-.--_-------.--_..-------..233, 250 Committee, Congressional Districts Study; create,
SR 56--------------------------------------------457, 503, 526, 571, 607

1148

INDEX

Committee, Economy, Reorganization and Efficiency in State Government,

SR 14......_--.---------.---.------------175, 183, 194, 197, 213, 968, 976, 1124

Committee, Election Laws Study; create,

SR 24--------____.____----------------191, 210, 351, 353, 391, 863, 893, 1124

Committee, Election Laws Study; time in which to report,

SR 34--.----------_----------------------220, 237, 253, 333, 354, 1124, 1127

Committee, Government Operations; abolish,

SR 73--.--------------------------__--------649, 676, 740, 749, 807, 939, 950

Committee, Health Code Study; create, SR 102----------------.------_--_. 870, 956

Committee on Constitutional Revision, create, SR 28____------..._----------205

Committee, Penal and Correctional Affairs; relating to,

SR 95----__--------------------__...._.__._.___----------774, 826, 889, 937

Committee, to study Petroleum Industry; create, SR 17--...------------.175, 183

Committee, Rapid Transit Study; create, SR 93-------..----.----..774, 826, 833, 934

Committee, Senate Appropriations, relative to, SR 30-..__...______--------.------.211

Committee, Senate Educational Matters, relating to, SR 27___--..____.--.--._.__.--...205

Committee, Senate; Economy, Reorganization and Efficiency in State

Government; create, SR 14.--__--~._175, 183, 194, 197, 213, 968, 976, 1124

Committee, Senate; Educational Matters; relative to, SR 29------_----_--------.211

Committee, Study; Reapportionment of Congressional Districts; appoint,

SR 129.--------------------__.---_----------_------___..__......._-_._....__1118

Committee, Study; State Leased Properties; create,

HR 138.....--.__..._.__.___--.__------....__------725, 735, 788, 833, 944

Committees, Interim; compensation, SR 48--___-- ----___------------403, 441

Committees, Standing; Senate...._._.----..----_.......___----_._----..._------__108

Communications ........_._.----.._--_..._.__----..._------.----....._. 59, 98, 115, 276

Comptroller General; compensation, HB 316--------------400, 406, 443, 470, 512

Compulsory School Attendance; increase maximum age, SB 2----------118, 158

Conasauga Judicial Circuit; create, HB 444------.813, 819, 883, 972, 1019, 1132

Congress, petition to reject changes in timber taxation, SR 108----------....------922

Congress, petition to reject changes in timber taxation,

SR 115--__.__----..__-----------_------__.------------..----......1023, 1122, 1128

Congress; request to continue R.O.T.C., HR 62....----.___..___..----..--.218, 219

Congress; request to support legislation relative to certain tax

exemptions, SR 47--_...__~_....----._._..._...___..._--------_--363, 417

Congress; urge to resist changes in tax laws relative to timber cutting,

SR 74--_----___-----.--------------------.-_------._--------.------....----.658

Congressional Delegation; urge to relieve problems in Federal Aid

Agencies, HR 88--_--------..----------.----.------------...------------. 864, 876, 961

Congressional Districts; redivide state into ten, SB 101------------------.402, 440

Congressional Districts Study Committee; create, SR 56--457, 503, 526, 571, 607

Congressional Districts Study Committee; appoint members, SR 129--....--... 1118

Consolidation of counties; State to assist,

SB 5

157, 176, 184, 204, 258, 280, 333, 337, 497, 514, 930, 1122

Consolidation of State agencies and departments,

SB 6--.--------.------------------.157, 176, 184, 185, 204, 258, 278, 334

Constitution Revision Committee; create, HR 137----------611, 627, 656, 833, 944

Constitution, State; commission to recommend revisions, SR 23--......----.191, 210

Constitutional Revision; create committee relative to, SR 28 ----..._------.___... 205

Cook County; small claims court; HB 479----------.....724, 730, 784, 789, 916, 1028

Corporation Income Tax; filing by two or more corporations,

HB 528----------------_--_--------____...----------863, 872, 958, 1031

Corporation Laws; amend and revise, SB 130-622, 652, 657, 845, 853, 1124, 1127

Corporation; word "bank" not be used in charter, SB 73----------...... 292, 342

INDEX

1149

Cosmetology; define, HB 225--___----.--_------------------.------ 609, 654, 682, 714 Cotton; two-price system, urge President of U.S. to take steps,
HR 180-----~~----_-_..---------__----------------------------.586, 597 Counties; merger of, provide for referendum, HR 20----. 207, 209, 226, 263, 266 County Boards of Education; compensation, HB 254..........433, 436, 464, 509, 510 County Boards of Education; insure employees,
HB 152--------__.--.--.--.------------------284, 298, 346, 377, 398, 445 County Boards of Education; schools, facilities beyond 12th grade,
HB 527.----..------.--------------_---------813, 820, 884, 973, 1114, 1130 County Boards of Family and Children's Services; create,
HB 562.----------------------------.--.----_-.857, 872, 958, 1031, 1083, 1129 County Officials; indictment for malfeasance, SB 47.------_-------- 247, 262, 794 County Police; powers of, SB 61---------------__--..--.260, 304, 351, 352, 391 County School Boards; consolidation of schools,
HB 602----.------------._.--.......__----------------..-727, 735, 788, 836, 1005 County School Superintendents; filling of vacancies,
SB 8..._....__.____--.----.------------.----_--_...--158, 176, 194, 195, 213 County School Superintendents; qualifications,
SB 7----.----------_-158, 176, 194, 195, 213, 1029, 1066, 1075, 1122, 1128 Court of Record; judge allow counsel fees in certain cases,
HB 235.----------..____------._-..__..__._.----..363, 366, 408, 525, 579
Coweta County; salaries of certain officials, HB 262.__.......431, 436, 464, 509, 512 Coweta County; expenses of certain officials, HB 263----358, 368, 410, 469, 482 Crawford County; superior court, clerk's salary,
HB 437--------------------------..__..-------------- 587, 591, 629, 891, 897, 967 Crisp County; coroner's compensation, HB 62 ....____---- .... 216, 222, 238, 263, 319 Cubans; licensing to practice professions and trades, SB 150 ....672, 736, 889, 921 Cusseta, Town of; amend charter, HB 430----------.---- 587, 591, 628, 680, 692 Cuthbert, City of; amend charter, HB 101------------------289, 294, 344, 523, 528

D
Dalton, City of; corporate limits, HB 185..----------......---- 287, 299, 348, 469, 480 Davis, Hon. Willis J.; express appreciation to SR 119----.-- .------------......__ 1116 Dawson County; commissioners of roads and revenues,
HB 583._..--__..--------------.------------.----------__..767, 777, 829, 891, 913 Dawson County; tax commissioner, HB 582----------------767, 777, 829, 891, 912 Decatur, City of; corporate limits,
SB 38----.------------------------.--------__----....233, 249, 264, 308, 354, 1123 Decatur County; furnish law books to, HR 90--------------290, 303, 350, 468, 491 Deceased State Employees; payment of wages to estate,
HB 156._------------------_.--.----------------------. 362, 365, 408, 527, 601, 645 Defense Highways; be state-aid and highway system of Georgia,
HB 259--------..----------.--_..__--._....----_..--........362, 368, 410, 471, 495, 510 DeKalb County; bailiff's salary, HB 469 ..----------..------.813, 819, 883, 974, 1040 DeKalb County; business licenses, HB 683.__.....----...._._..._. 861, 878, 961, 910, 1061 DeKalb County; citizens commission, to study justice,
HR 219--------__----------------------------859, 876, 961, 970, 1062, 1125 DeKalb County; civil and criminal courts, salaries,
HB 549...----_------_---.----._----_--..----_--------724, 734, 787, 789, 908 DeKalb County; commission to study public safety,
HR 234......------------------------.--.-----.-861, 878, 962, 970, 1063, 1130 DeKalb County; districts, board of education, HB 396----767, 775, 827, 891, 896 DeKalb County; electricians, examinations, HB 470-------.767, 775, 827, 891, 896

1150

INDEX

DeKalb County and Fulton; relating to calculation of financial ability,

SR 105...--.----_-----..----_- --__---_..._------__.,,.--------------------.. ... 922

DeKalb County; solicitor general to appoint investigators,

HB 681....--------.-.___-----_--._-_----_....... 867, 877, 966, 970, 1061

DeKalb County; transfer title, HR 108----------------.------ 432, 439, 467, 524, 580

DeKalb County; Urban Redevelopment Law, amend,

HB 669 .----.---.____--..._-------- ----

857, 878, 966, 970, 1058

DeMolay Week; designate, SR 110...--......._--..--------------.------ ___.----.__-1022

Dental College; allocate funds, HR 41-.-....-----..------ -------------338, 340, 374

Dental Hygenists; provide for fees refund, HB 176-.----...--...609, 624, 654, 939

Dental Students; authorize scholarships, SR 60.--.--------------519, 594, 632, 848 Dental Students; scholarships, HR 163-..----..------766, 780, 832, 834, 946, 1028

Dentists and Dental Hygenists; qualifications, HB 175--.609, 624, 654, 835, 938

DeOvies, Dean Raimundo; express regrets at passing, HR 71-- ..------..-- 218, 219 Department of Education; additional funds to local units,

SB 58....--_....---------...__.---------.--..--__-------------- 218, 219, 260, 304

Department of Education; teacher-pupil ratio permissive, SB 170 ........... 955, 1027

Department of Labor; establish Safety Division, SB 117.-------------- .502, 522 Department of Public Health; day care centers for the mentally retarded,

HB 142..--.._------__------_...-.----------------.362, 365, 408, 526, 570, 663

Department of Public Welfare; retention of certain benefits,

HB 485-----------.._--------------------..-------.------726, 730, 784, 835, 1002

Department of Youth; create, HB 5.._.._ .------.......647, 650, 676, 740, 763, 795, 931

Dependent Children; aid to, SB 3------------------------.118, 158, 305, 329, 354

Dependent Children; aid to, define certain words,

HB 326.........---------------_--.--.------------------ -- . 668, 674, 738, 835, 986

Depositions, Interrogatories; disposition of, HB 75 --------------..... 284, 294, 343

Dews, Hon. Charles E., Sr.; express regrets at passing, SR 98.--------------843

Dexter High School Girls Basketball Team: commend, HR 283. -- ...1121, 1125

Disabled; relieve counties financial participation,

HB 324...--.-..------._---.-____---.--------..._---- 668, 674, 737, 835, 985

Divorce; clarify sane and insane status, HB 306----.433, 436, 465, 790, 982, 1028 Divorce; service by publication, SB 107.....----403, 441, 525, 600, 634, 771, 1123 Doboy and Altamaha Sound; close, HB 269--.....---------- 585, 590, 628, 836, 981 Dodge County; board of commissioner's clerk, compensation,
HB 544...----.--__..--__-_._-.----_.-.-..--------------....723, 733, 786, 790, 907 Dodge County; deputy assistants, salaries, HB 546.......--723, 733, 787, 790, 908 Dodge County; ordinary's clerk, compensation, HB 545--723, 733, 787, 790, 907 Dodge County; tax commissioner's clerk, compensation,
HB 543.......-_____--.---.__ .----------._--........723, 733, 786, 790, 907 Donalsonville, City of; amend charter, SB 30 ....----.231, 248, 264, 307, 354, 853 Dooly County, tax commissioner's salary, HB 652--------859, 876, 960, 970, 1054 Douglas County; create study commission, HB 338.....----430, 437, 468, 523, 535 Douglas County; sheriff, allowance, HB 336.....----....----------------.430, 437, 465 Douglasville, City of; amend charter, HB 337----.----------430, 437, 465, 523, 534 Dowell, Dr. Spright; express regrets at passing, SR 61....------------ 583, 607, 671 Dublin, Laurens County Development Authority; create,
HB 110------------------------...... ----.--------------------. 429, 434, 463, 523, 529 Dudley, City of; corporate limits, HB 579--------..--------767, 777, 829, 891, 912 Duncan, Clark W. Highway; designate, HR 44...----------284, 354, 521, 527, 571

INDEX

1151

East Point, City of; amend charter, SB 77-- 293, 342, 375, 379, 416, 611, 1123 East Point, City of; amend charter, SB 78 ______293, 342, 375, 379, 416, 611, 1123 East Point, City of; amend charter, SB 79----293, 343, 375, 379, 416, 611, 1123 East Point, City of; amend charter, SB 51_____._ 247, 262, 468, 471, 514, 612, 1123 East Point, City of; water mains, HB 26.___.-.________ _..__. _ 215, 221, 237, 264, 314 Economy, Reorganization and Efficiency in State Government,
SR 14-----_----_-------------------- 175, 183, 194, 197, 213, 968, 976, 1124 Education, County Boards of; compensation, HB 254 _______ 433, 436, 464, 509, 510 Education, County Boards of; facilities beyond 12th grade,
HB 527________-____ .__--_------------_..------------ 813, 820, 884, 973, 1114, 1130 Education, County Boards of; insure employees,
HB 152.----.-------.--------_..----.--------284, 298, 346, 377, 398, 445 Education Grants; method of payment,
SB 81-____.---------------------------. 293, 343, 378, 391, 416, 1076, 1078, 1123 Education, State Board of; allocation of minimum foundation program
funds, SB 142 _ ------------------__------.------------------.649, 676, 682, 847 Education, State Board of; finances for Fulton and DeKalb counties,
SB 132 --------------.---------.------_------622, 653, 682, 846, 855 Education, State Board of; funds available for educational television,
HB 100----------------------_--------.812, 818, 882, 973, 1004, 1131 Education, State Board of; recompute pensions of certain teachers,
SB 135 ------.----------------------_ ______ 622, 653, 679, 684, 755, 859, 1124 Education, State Department of; additional funds to local units,
SB 58 ________------___.-_--------_------._--------------------------------260, 304 Education, State Department of; calculate financial ability,
HB 76.----------.-------..---------------...---.--- 258, 261, 305, 377, 396 Education, State Department of; teacher-pupil ratio permissive,
SB 170... -_-.-----------__----.__ 955, 1027 Education, State Department of; teacher-pupil ratio permissive,
SB 162 .--------------------------------__--------...-- --------------773, 825 Educational Matters Committee, Senate; relative to, SB 27--_--___--__________________ 205 Educational Matters Committee, Senate, relative to, SB 29--------------______211 Educational Taxes; exemption for institutions of higher learning,
SB 96-----------------_-------------------------_._----_..---365, 407
Edwards, Hon. Frank H.; elected Legislative Counsel--_------------------------77
Election Law Reform Commission; create, SB 19------.------------ ._------180, 192
Election Laws Study Committee; create, SR 24 ______________________________ _..__--___-.________191, 210, 351, 353, 391, 863, 893, 1124
Election Laws Study Committee; time in which to report findings, SR 34-------------------------- ------------ 220, 237, 253, 333, 354, 1124, 1127
Election Managers; unlawful to serve in certain cases, HB 449------------------_----------------------------862, 872, 957, 1033, 1074
Elections; candidates, majority vote required, HB 117_ ______ ________ 401, 404, 441 Elections; nominees not required to file petition, SB 152------------------727, 781 Elections, Primary; relating to ballots, HB 73______ _______________________________726, 729, 783 Elections; provide for use of voting machines, HB 144__--------________ 765, 774, 826 Elections; use voting machines, SB 113-----------------__--_______ 501, 521, 657, 794 Elevators; provide for safety, SB 169.-----------__----------------955, 1026 Eminent Domain, Power of; procedure, HB 279------------362, 369, 411, 468, 495 Employees of Political Subdivisions; blanket bonds,
HB 513--------------------------------.------___726, 730, 784, 890, 1100

1152

INDEX

Employees Political Subdivisions; provide social security, HB 140---------.__ ....._-__.------______......--862, 871, 956, 1031, 1093
Employees Retirement System; amend act, HB 56-------- 230, 236, 252, 443, 445 Employees Retirement System; employ advisory agent,
HB 145------------------------.------.--------. 283, 295, 345, 443, 446, 1130 Employees Retirement System; involuntary separation,
HB 190.--------.------.-.--.-----.--.----._--..----..400, 404, 442, 527, 580, 586 Employees Retirement System; military service credited,
SB 10----------------__...__--------------------------174, 182, 195, 328 Employees Retirement System; re-established membership,
HB 184---_._._-_--___-------------------.------------667, 672, 736, 836, 936 Employees Retirement System; Stone Mt. Memorial Association employees
eligible, SB 156.-_...__...-__...----_._..._.......-.....----....____.......__....728, 782, 834 Employees Retirement System; survivor's benefits,
SB 83 ...._.....__._..___._.....-.....__..._---------- 338, 373, 470, 493, 514, 816, 1123 Employees, State Assurance Department; create,
SB 84----.__.._----__-338, 373, 470, 494, 514, 816, 837, 853, 968, 979, 1123 Employment Security Agency; provide offices,
HB 355------------------_---------_------------------812, 818, 882, 969, 997 Engineers and Surveyors; State Board of Registration, amend,
HB 52..----_.__.._._.__.__.._.__--...._.....----..._.___._.. 667, 672, 736, 833, 935 Enigma, Town of; amend charter, HB 138 .______.___ 289, 295, 344, 469, 476, 517 Evans County; ordinary's compensation, HB 260..._-------- 358, 368, 410, 469, 477 Evans County; superior court clerk's salary,
HB 373-------_-____-....._-.....___-_._....._...._....--453, 460, 505, 523, 541 Excavation of Public Way; give notice of, HB 157----.............._.456, 477, 503, 524 Exception, Bills of; adverse rulings, SB 141....------------------------649, 676 Ex-Officio Official, State; compensate, HB 364--.--.929, 963, 971, 1071, 1131

F
Fairburn, City of; amend charter, SB 49----.247, 262, 468, 471, 514, 612, 1123 Fallout Shelters, include in future construction,
SB 143---------------------------------------- 649, 676, 834, 848, 921, 950 Family and Children's Services, State; rename Welfare Department,
HB 561------------.__---------------__----------851, 872, 958, 1032, 1083 Family and Children's Services, County Boards of; create,
HB 562----.--.------------------------------....857, 872, 958, 1031, 1083, 1129 Fannin County; supplement ordinary's salary, HB 189--------------287, 299, 348 Faulkner, Alien J.; compensate, HR 116--------------------------463, 507, 681, 761 Federal Aid Agencies; urge Congressional Delegation to relieve problems
in, HR 88---.--------------------------------------------864, 876, 961 Federal Census; effective date in Georgia laws, HB 410-726, 729, 783, 889, 999 Fees of Auditor; to be'determined by judge making referral,
HB 556-----------------------------------_--.--815, 820, 884, 972, 1017 Fees of Auditor; to be taxed by judge making referral,
HB 557--__.-------_----__..-------816, 821, 885, 972, 1018, 1131 Fertilizer; exempt from sales tax, HB 186----...--------,..__ 337, 340, 374, 414, 448 Fertilizer Act, Georgia; redefine "manufacturer,"
HB 435---------------------------------_..------765, 775, 827, 972, 1002 Field, Hon. Robert E. Lee; express regrets at passing, HR 76------------ 219, 220 Filing Fee; minimum, civil cases, SB 44-------------------- 246, 261, 525, 577, 606 Fincher, Senator Jack; commend, SR 42--..___--..------.__--...........----.....-- 230, 422

INDEX

1153

Fire Marshals, State; duties, SB 65----------------------------261, 305, 377, 444, 499, 1095, 1116, 1123, 1126
Firearms, regulate sale of, HB 622----------------__--------866, 880, 964, 971, 1083 Firemen; activities of, SB 34------------_----_--------.232, 248, 264, 276, 281 Firemen; retired, pensions, SB 136--------------623, 653, 679, 684, 755, 860, 1124 Firemen's Pension Fund; provide for investments,
HB 151-.------------------------------------------ 284, 297, 346, 443, 448 Fitzgerald-Ben Hill Development Authority; create,
HB 72------...--,,_------------...---..-..------_.------216, 222, 238, 263, 320 Fitzgerald, City of; amend charter, HB 71 ----....--------.216, 222, 238, 263, 320 Flint River Complex; urge construction of five dams, HR 171--.----__----.518, 596 Floral Designers; create board, HB 50--------------.258, 261, 305. 658, 713, 720 Flowery Branch, Town of; change name to City of,
HB 116 . -- .-------- ------------._--------------_._---- 286, 295, 344, 375, 380 Floyd County; additional deputy sheriff, HB 342 ,,._. ._...._..430, 438, 466, 523, 536 Floyd County; land conveyance, HR 187------------.770, 781, 832, 889, 971, 1001 Floyd County; sheriff's deputies, compensation,
HB 341....._.----------------------.----..___....__.......__. ..__.... 430, 438, 466, 523, 535 Floyd and Barrow Counties; convey easement,
HR 159.---.---------------..--.---.---.--.----------770, 780, 831, 834, 946 Ford, Henry; commemorate centennial of birth, SR 85.------.--------.741, 807, 817 Forest Park, City of; corporate limits, HB 376------------453, 460, 506, 524, 541 Forest Park, City of; employees' insurance,
HB 377----------------_--.___--,,-------------------_-- 453, 460, 506, 524, 541 Forestry Commission, Georgia; improve real estate held under deed,
HB 446----__------------------------------------------ 726, 730, 783, 836, 850 Forfeiture of Bond; failure to appear in court, SB 1.---- 117, 158, 468, 492, 500 Forsyth County; commissioners of roads and revenues,
HB 642--------.-_--,----------.----..----....--.--..-....-860, 874, 960, 969, 1053 Forsyth, Dan W.; compensate, HR 196------.------------.865, 879, 963, 1032, 1112 Fort Oglethorpe; division of wards, HB 569--------------.815, 821, 885, 974, 1041 Fort Oglethorpe; mayor and aldermen, HB 570...-------- 811, 821, 885, 974, 1042 Fortson, Hon. Ben W., Jr.; express appreciation to, SR 120------------------1116 Forward Georgia Commission; create, HR 185--------858, 876, 961, 1031, 1085 Friendship Community; commend, SR 94.----.--.-----------------------------.837 Fulton and DeKalb County; calculation of financial ability, SR 105----------922 Fulton County, City of Atlanta Study Commission; extend time,
HR 134------------------------------------------------------ 611, 627, 656, 680, 698 Fulton County; civil court, compensation of judges,
SB 87--------------------------------------339, 373, 469, 472, 514, 611, 1123 Fulton County; civil court, judge emeritus, HB 624----815, 823, 887, 975, 1048 Fulton County; criminal court, salaries of judges and solicitors,
HB 360----------------------------------------------------610, 625, 655, 679, 690 Fulton County; election precincts, HB 596---- --.,,...-_..,,...----__... 769, 779, 830 Fulton County; employee pensions, HB 319----------361, 371, 412, 470, 489, 772 Fulton County; fire prevention systems in unincorporated areas,
SB 104--------------------------------------------403, 440, 469, 472, 514, 816, 1123
Fulton County; juvenile court judges salary, HB 358----610, 625, 655, 679, 689
Fulton County; ordinary's compensation, HB 359--.------..610, 625, 655, 679, 689
Fulton County; paving of streets, Const. Amend., SR 21------------------------_--.--------190, 210, 253, 309, 354, 648, 1124
Fulton County; pensions for employees, SB 76----..-_------------------ 292, 342
Fulton County; pensions for employees, HB 303------360, 371, 412, 470, 488, 518

1154

INDEX

Fulton County; Primary, General and Special Elections Committee make

study, SE 91-----------------.__........----------773, 826, 833, 934, 950, 1124, 1127

Fulton County; recreational programs, landfills const, amend,

SR 22 ._.-------------------------------190, 210, 253, 311, 354, 648, 754, 1124

Fulton County; sanitary landfill, SB 29.___._.-- 220, 237, 264, 307, 354, 612, 1122

Fulton County; sheriff's salary, HB 502 ........._._.,,.._........... 815, 820, 884, 974, 1040

Fulton County; solicitors general and judge's retirement,

HB 680------ _..----.--_.._--__------------------__------ 861, 878, 961, 970, 1060

Fulton County; teachers and board of education, retirement,

HB 603-.--....------------_.---.--_._----_---------811, 821, 885, 974, 1043

Fulton County; teachers pensions, HB 318..-.------ ........._ 360, 371, 412, 470, 487

Fulton County; teachers' retirement, SB 15.....-.---............... ----------------292, 342

Fulton County; transfer title, HR 109 ---------- .._...------------669, 739, 835

Fund Raising; professional, regulate, HB 650......_._.. .. 881, 929, 963, 1031, 1099

Funds, Audit of; legislative branch, SB 37---------- ..._... ..-------- ... 232, 249, 525

Fuqua, Senator J. B.; extend sympathy to, SR 45 ........ ... ......... .....

281

G
Game and Fish Commission; amend act revising laws, HB 397----.----_.--------------.-----------863, 871, 957, 1086, 1129
Game and Fish Commission; close Doboy Sound, HB 269--------------------------------------.-585, 590, 628, 836, 981
Game and Fish Commission; taking of water fowls, HB 512...----------._.......----------...----__--------.---------_..--813, 820, 884, 973
Game and Fish Commission; trapping of quail, HB 321..--....-------- 609, 625, 655 Game and Fish Commission; trapping of rabbits, HB 613 . .....866, 880, 964, 1032 Game and Fish Commission; shad, when may be taken,
HB 488-.-.---_--------..-- ..............------.-..--------....-- .---- 766, 776, 828 Garnishment; use of second time, SB 115--.------------------- --------502, 521 Gasoline Tax; used on navigable waters, repeal,
HB 320..--------------------------------.-----765, 774, 827, 889, 984 Gaynor, Hon. John M., Ill; commend, SR 87--.. ............_--....--.. ...--.------ -741 Geer, Hon. Peter Zack? commend, SR 130--. ---- .. ...----_...-- ........ _....... ..... 1118 Geer, Lieut. Governor Peter Zack; express joy at return, SR 66 .......... ............___ 597 General Assembly; adjournment, HR 70..------------------------.-- ---- 212, 213 General Assembly; adjournment, HR 292 --.............,,.--------------.----..1121, 1132 General Assembly; compensation of, SB 36------.----_..._--.----_....----........ 232, 249 General Assembly; pages, excused absences from school,
HB 112--..----------------..----...__.._--------.......--..... 433, 434, 463, 509, 511 General Assembly Seal; provide for, HR 27 ...... ............ 207, 210, 226, 240, 244 George, Hon. Roy M.; express regrets at passing, HR 243 ................... .. 817, 837 Georgia Baptist Hospital Commission; congratulate, SR 128..--. 1118, 1122, 1128 Georgia Factory for Blind; observe State holidays,
HB 327 ..--------------.--...-.._. -- --.. .-....--................ 647, 650, 677, 791, 844 Georgia Fertilizer Act; redefine "manufacturer,"
HB 435.-----------------..--- .--------------------.-765, 775, 827, 972, 1002 Georgia Forest Products; political subdivisions use in construction,
HB 210..-------.---_-------...---..---------------667, 673, 737, 836, 850 Georgia Forestry Commission; improve real estate held under deed,
HB 446--------------. --..-.- -- ..--....----------------726, 730, 783, 836, 850 Georgia Industrial Loan Act; relocation of loan offices,
SB 86---------------------------------339, 373, 377, 421, 449, 1029, 1123

INDEX

1155

Georgia Institute of Technology, Athletic Association; consolidation of funds, SR 90~_-__~-----_-.-- ._--.------_--..-.---.._.......... 773, 826
Georgia Insurance Code; define "motor vehicle liability policy," SB 109............._.-._.--.....-. ...-..-..-...---....-..-...-_--..-..._.-..-...-...................457, 503
Georgia Insurance Code; group life insurance, labor unions, HB 209.............-..- --..-...-..-...-,.......-..-.--.-.-.--.---- 667, 673, 737, 889, 998
Georgia Insurance Code; penalty for false oath, SB 64..-___-~-~---...----....-----_-----.--261, 304, 525, 573, 606
Georgia Mental Health Center; designate "S. Ernest Vandiver Mental Health Center," HR 177......... .._._.----.-._._----.___,,. -770, 780, 831, 889
Georgia Military Forces Reorganization Act; amend HB 9-.-......-..--...---.--- -.--.-...---.----------173, 175, 184, 195, 200
Georgia Motorboat Numbering Act; agreements with other states, HB 511---..-.----.---.-- ---.------- ... - 813, 820, 884, 1033, 1094
Georgia Motorboat Numbering Act; tax on boats, SB 53._.-...-._..._.-___-_-..___...._-._.-_......_.._..--_..-..._...._........_ 259, 303, 415, 493
Georgia Ports Authority; remove certain limit on bonds, HB 443.----,,...--__---_--._.----------.----... .-..----.-..863, 871, 957, 1032, 1080
Georgia Public Service Commission; certificate of public convenience, SB 24...---_.-..--..__-...--..-.--.----.-----.------- ..-.-- --...-.-.-.-... 208, 225
Georgia Real Estate Investment Board; create, HB 147-.-.-------..-.-----...---....-- -.-...--------.----..-..-283, 296, 345, 377, 395
Georgia Recreation Commission; create, HB 202 .._____----765, 774, 826, 833, 935 Georgia Rural Roads Authority Act; change membership,
HB 280 _-.-.--,,------_--.------...---_-.-_---------------400, 442, 471, 496 Georgia Sales and Use Tax Act; exempt drugs used as part of feed
for livestock, SB 110 -----.--.---..---------.---------................ 457, 503 Georgia State Highway Authority Act; change membership,
HB 283-.-----------.-----..-----.--.--------------- 401, 405, 442, 471, 497 Georgia Tech Basketball Team; commend, HR 228 ---_--------------..----769, 837 Georgia Tech; express appreciation to officials, SR 117----------1023, 1122, 1126 Georgia Tech Officials; express appreciation to, HR 24...... --_--..--.. 156, 169 Gilmer County; annual audit of commissioner's office,
HB 215-- .-----_------------ -- . --. -------288, 300, 349, 679, 686, 772 Glynn County: Coroner's salary, HB 277 --.---------.----------------459, 504, 532 Glynn County; magistrate court; create, HB 611........... 811, 822, 886, 975, 1045 Glynn County; solicitor, City Court of Brunswick,
HB 276..---------- -- ------------ ---- ..............458, 504, 523, 532
Goldberg, Hon. Sam A., regrets at passing, SR 88-------------------------- ........741 Gordon County; furnish law books to, HR 96 .____._.._...724, 735, 788, 888, 1062 Gordon County, land conveyance, HR 215--------------865, 882, 964, 971, 1092 Government Operations Committee; abolish,
SR 73...---..._..-._-----..---.-----.------.649, 676, 740, 749, 807, 939, 950
Governor and Lieut. Governor; provide for successors, SR 86---.-.-.---._..-.-_------_--.--------------729, 783, 834, 919, 950
Governor-Elect; provide certain information, SB 145.--.-.----_---------------------- ...........649, 676, 740, 750, 807
Governor's Commission for Efficiency and Improvement in Government; create, SR 9------158, 176, 184, 187, 204, 258, 512, 582, 869, 929, 931, 1124
Governor's Commission for Scientific Research and Development; create, SR 64--------..----------.------623, 654, 740, 750, 755, 858, 1124
Governor's Commission to Improve Education; create, HR 21 ... . .179, 182, 193, 253, 255, 499, 869, 1021, 1022, 1030, 1070, 1128

1156

INDEX

Governor's Staff Tags; prohibit use without permission, HB 518---__-_--.--__-----.-------------725, 731, 784, 833, 944, 1028
Grants, Education; method of payment, SB 81---___---------.---------...293, 343, 378, 391, 416, 1076, 1078, 1123
Grants to School Children; repeal, SB 19.----------_......... 207, 225, 252, 266, 391 Greene County Development Authority; create,
HB 679..------...__----------.------_--------------------867, 877, 965, 970, 1060 Griffin, Emory E.; compensate, HR 105.----------------611, 626, 656, 681, 759 Group Life Insurance; labor unions, HB 209--....--....--.--667, 673, 737, 889, 998

H
Habersham County; compensation of commissioners, HB 643----._..._------------------------.----861, 875, 960, 969, 1050, 1131
Habersham County; consolidate offices of tax receiver and collector, HB 644--------------------------...__--....------_--------------_ 861, 875, 960, 1033
Hogan, City of; amend charter, HB 482.__--------------610, 626, 655, 680, 697 Hall County; authorize board to construct roads,
HB 647..-.-...--.-..____...----.------_--------_-......858, 875, 960, 970, 1053 Hall County; city court, judge and solicitor, HB 537------722, 732, 786, 790, 905 Hall County; commissioners of roads and revenues,
HB 607-.--_-....----------------.--------.------..811, 822, 885, 975, 1044 Hall County; furnish law books to, HR 47----------------...290, 302, 350, 468, 491 Hall County; grant easement, HR 100 ...----------.....------.433, 439, 467, 525, 580 Hall County; ordinances to control traffic,
HB 646----------------------------------------861, 875, 960, 969, 1051, 1131 Hall County; sewers, HB 648------.------------__--------585, 875, 960, 970, 1053 Hamilton, Hon. George B.; express appreciation to, SR 121----___________---- 1117 Hanna, George R.; compensate, HR 216----------------865, 880, 963, 1031, 1113 Haralson County; land conveyance, HR 145.--.,__--..._----.866, 880, 964, 1064 Hart County Basketball Team; congratulate coach, SR 96--..................____ 807 Hart County; create office of tax commissioner,
HB 159-_.----------------_,,-------------------- 285, 296, 345, 375, 382 Hart County High School; commend certain students, SR 100----------------~ 844 Hart County Industrial Building Authority; create,
HR 58 -------,,.--.,,.----.--------.----------------- 362, 371, 413, 470, 549 Hartley, Troy; relieve as security on bond, HR 106--------400, 406, 443, 470, 497 Hawkinsville, City of; board of commissioners, HB 560--724, 735, 788, 790, 910 Hazlehurst, City of; corporate limits, HB 503----.- ....... 646, 652, 678, 740, 748 Health, Board of; duties of director, HB 429 ---- 812, 819, 883, 1032, 1081, 1129 Health, Board of; payment of expenses by counties,
HB 498.-----------------------.---------------814, 820, 884, 972, 1004 Health Code Study Committee; create, SR 102----------------_----__..-- _ 870, 956 Health Insurance; solicitors general to participate,
HB 224.--------------_----------------------------.862, 871, 957, 1032, 1093 Health, State Department of; day care for mentally retarded,
HB 142----------------------------------------362, 365, 408, 526, 570, 663 Henry County; commissioners, amend act creating,
HB 634 ----------.-_----.. -- ----------------..-- 856, 860, 874, 959, 1033, 1052 Henry County; treasurer, HB 609--------------------------.860, 873, 959, 975, 1044 High School ROTC; urge expansion, SR 68---------------------------_ 632, 664, 671 Highway Board, State; create, HB 1----....----------172, 174, 183, 194, 198, 212 Highway Board, State; create, HR 19--------.------172, 176, 184, 194, 201, 290

INDEX

1157

Highway Board, State; director not constitute Highway Authority, HB 281--------------__.__------------------____--------400, 405, 442, 471, 496
Highway Board, State; expenditure of funds, HB 42--...862, 872, 956, 972, 1073 Highway Board, State; reconstitution, SB 163-__.__------___._._----773, 825 Highway Department, State; use domestic materials for road repairing,
HR 258-.-----_---.----._-----------------_.----_-----------968, 1023 Highways, Defense; U.S. Highway 80 to be part of National System,
SR 12 ._-._---.--_._--..----._-_--,,__.---.--.__--_-_-__--..-_.--_-. ..._.157 Hodge, S. A., Sr. Bridge; designate HR 151 .--------------725, 735, 788, 835, 1092 Hold-Over; Senate interim affairs, SR 78----------------------------.------------ 659 Home Building Industry; create insuring agency, HR 87------_..-.. 866, 882, 963 Homestead Exemptions; increase for certain persons, SR 39 -------- 234, 250, 596 Hopkins, Alva P. Bridge; designate, HR 166------------ 816, 824, 887, 971, 1019 Hoschton, City of; amend charter, HB 655-------------------- .--868, 974, 1052 Hospital Authority Law; extend time for contracts,
HB 501-----_----------------------__.------.._.. 725, 730, 784, 835, 1094 House of Representatives; provide for terms, SR 107---------------- 870, 956 Houston County; board of commissioners, HB 367..--.--.--452, 459, 505, 523, 539 Howard, Mrs. John; compensate, HR 36--............................ 337, 340, 374, 414, 425 Hubbard, Dr. C. S.; express regrets at passing, HR 230-------------- ..... 769, 844

I
Inaugural Program .--------------------------------------- -- . ------------77, 80 Inauguration; committee to make plans, HR 7----------------.--------------69, 70 Inauguration; joint session, HR 8.----_---_-------.--------------------------69, 71 Income Tax; certain corporate stocks, HB 422----....--864, 878, 962, 1031, 1080 Income Tax; clarify trust exempted, HB 636----___._---------- 858, 859, 1031, 1084 Income Tax; corporations, filing by two or more corporations,
HB 528--._..----------------------------------.863, 872, 958, 1031 Income Tax; file estimate; certain corporations,
HB 2 -__.-____-----------------------------190, 191, 210, 240, 241 Income Tax; ratify executive order certain depreciation,
HR 132----__._._..__-----._.--------------------..432, 439, 467, 470, 510 Income Tax; ratify executive order certain subsistence,
HR 133.----.-_-----------------------------------..--------432, 439, 467, 470, 511 Income Tax Returns; prohibit soliciting and advertising for preparation,
SB 94 -,,__----_------ --- -- ------------ 365, 407 Industrial Development Authority; create in each county,
HB 24 ..--_..-_-.---------------------------------609, 624, 654, 740, 751 Industrial Loan Act; relocation of loan offices,
SB 86----------------_-------------...... 339, 373, 377, 421, 449, 1029, 1123 Industrial Loan Business; create study commission,
HB 421--....------------..-__.__------.......... 771, 777, 827, 891, 942, 1000, 1021 Institute for Legislators; express appreciation to, HR 25 __.....----....... ..... 156, 169 Institute for Legislators; express appreciation for dinner, HR 26 ......... 156, 169 Insurance Code; define "motor vehicle liability policy,"
SB 109-------- --.---..----------------.-. .457, 503 Insurance Code; group life insurance, labor unions,
HB 209----_..------ _.------.-.__......___._......------.......... ........667, 673, 737, 889, 998 Insurance Code; penalty for false oath, SB 64 ..._..._... --261, 304, 525, 573, 606 Insured Persons; rights against third party,
HB 247----..------_---------- 765, 774, 826, 971, 1016, 1030, 1066, 1089, 1126 Insurers; refusal to pay claims in bad faith, penalties,
SB 42- -------------------------- _..._.----...------ ... ......... 233, 249, 265, 449

1158

INDEX

Interim Committees of Senate; compensation, SR 48 ------ ..-- __ .____.________.403, 441 Interrogatories and Depositions; disposition of, HB 75.-- ............ 284, 294, 343 Investments; counties, school districts and municipalities, SB 167--........... 870, 956 Irwin County; abolish offices of tax receiver and collector,
HB 674 ........... ............. ..----.............._..-.... .... ..____...867, 877, 965, 970, 1058

J

Jackson County; commissioner's salary, HB 653 .......

... 868, 974, 1037, 1129

Jackson County; surplus commodities of U.S. Dept. of Agriculture,

HB 656..-----.._.-.....------------------------------ ------_..___. 868, 974, 1054, 1129

Jackson, Senator Harry; elected President Pro-Tern of Senate... ...

..... ..-- 64

Jackson, Hon. James E.; express regrets at passing, HR 97.--...... ----.........--.----246

Jasper, City of; corporate limits, SB 112._.__. _ 457, 503, 523, 528, 607, 771, 1123

Jeff Davis County; encourage industrial growth, HR 115._.......372, 413, 470, 565

Jefferson-Jackson Day Dinner; date, SR 8--_----_--..--------__----...------~--------~117

Jefferson-Jackson Day Dinner; invitations, SR 11. ---- -- .------------ ..---...157

Jeffersonville, City of; corporate limits, HB 508.------..--669, 675, 738, 740, 793

Jekyll Island; place marker in honor of Hon. M. E. Thompson,

HR 191------..---- ----.---..-... .._--------_--------.882, 929, 964, 1076, 1130

Jekyll Island--State Park Authority; use of income and gifts,

SB 148 .--.------------.----. -..----------671, 736, 741, 796, 807, 1124, 1126

Jenkins, Chief Herbert T.; express appreciation to, SR 123--. 1117, 1122, 1132

Jesup-Wayne County Airport Authority; create,

HB 90 -__.-.-------- .... -- --. ----217, 224, 239, 264, 323

Joint Session; inauguration, HR 8----.---------.--------.------------------69, 71

Joint Session; to canvass election returns, HR 6.....--. --.. -- ....-- .. . .. 68, 70, 72

Joint Session; to elect legislative council, HR 9-- .. ..-- ...---- ._' .... 69, 71, 76

Joint Session; to hear Governor, HR 176---..-. --...---- ...----........ ......... 588, 596

Joint Session; to hear message from Governor, HR 13--. .......----.----..------.97

Jones, Tex; compensate, HR 37.....--------------------------..611, 626, 656, 681, 757

Judges, Superior Court; Old Age and Survivors Insurance, provide

coverage, SB 127 .....----------.----....---_.. ...._...--.....----------.590, 627, 657

Judges, Superior Court; secretaries, SB 50- ----.. ...... ...... ..... .....247, 262, 468

Judicial Sales; advertisement of; SB 56 ...._,,....... .----.. ... . 259, 303, 631, 662

Junior College; provide in Cobb County, SR 50.... ..--.._------ 404, 441, 795

Junior College; to be part of public school system, SB 9 .----.....174, 176, 182

Justice, J. O.; compensate, HR 122 ..........----... ...----770, 779, 831, 970, 1012

Justices of Peace; requirements for filing papers, SB 128 --.. ....... 590, 627, 657

Juvenile Courts Act; change age limit making name public,

HB 452 ----_. --.._.- _. -------- .--..--.. .._..-.... ---- _---- . - 862, 872, 957

K
Kennedy, Henry C.; compensate, HR 35 --..-- .... --.. 611, 626, 656, 681, 757 Kimbrel, Hon. M. Monroe; invitation to address joint session,
HR 104 _.--------------..---- _-..-.--------......-----------..- .... 258, 281 King, Mrs. Christine P.; compensate, HR 29--...- ----.669, 675, 738, 790, 1006 Kingsland, City of; increase ad valorem tax, HB 166-...-.286, 297, 346, 375, 382

L
Labor, State Department of; establish Safety Division, SB 117.. -... ... .. 502, 522 Labor Sunday Observance; commend program, SR 99--.--------------......--.--.843 LaPayette, City of; eminent domain, HB 606- ....... . ....811, 821, 885, 975, 1043

INDEX

1159

Lake City, corporate limits, HB 374 ...------------_..--------453, 460, 505, 523, 541 Lancaster, Hon. Bela A.; congratulate, SR 82--..--_--_----.----_,,.----.._.----__ .719 Lane, Mrs. Mollie B.; compensate, HR 45.------...--..----________..462, 507, 681, 758 Larceny, Automobile; punishment for, HB 354-...----_--....456, 459, 505, 657, 718 Laura Chapel Community; commend, HR 130..... ...... ----------.---- .--. 289, 354

Law Department, State; reorganize, SB 48--_.---_--.._..----.--........_.. 247, 262, 657

Law Practice of; residence requirements, HB 386....-.456, 462, 507, 525, 582, 772 Leesburg, City of; corporate limits, HB 216--_,.--..--..__..288, 302, 347, 376, 387 Legal Process; prohibit imitation, HB 59----------------..--.283, 294, 343, 833, 853 Legislative Branch; audit of funds, SB 37--...___.----._.-...--__. 232, 249, 525

Legislative Council, express appreciation to, SR 118--______...__. ----._____.,,. ....--..... 1116 Legislative Council; request certain information, SR 122--..___----------..-- 1117 Legislative Council; joint session to elect, HR 9----------.--...--__ .... 69, 71, 76 Legislative Pay and Perquisites; committee to study, SR 35 ._.........-_.__._.... 233, 250 Lenox, Town of; lease specific property, HB 211.... ..... .....287, 300, 348, 376, 386 Lewis, Hon. Preston; elected messenger of Senate....------_____------___._--_............. 65 Liability Insurance, Automobile; protection against uninsured,
HB 394-.------.-.---.------------.------------.---- --..----517, 520, 595, 740, 844

Liberty County; compensation of county commissioners, HB 180----...--_.------...--...--.._...----..-.....-._..........285, 299, 347, 376, 384

Liberty County; supplement ordinary's fees, HB 179....--.. 285, 299, 347, 376, 384 License Fees; Motor Vehicles, HB 409-.----.--. ----.--...864, 878, 962, 1033,1093

License Tags; proof of payment of taxes, HB 411--.._.._--...--....----.585, 591, 628

Lieutenant Governor and Secretary of Senate, reimburse for certain expenses, SR 77--.--------.._--------..---- ..--...._._.----._......_......_........ ..... ._ 658
Limestone, Agricultural; regulate registration, SB 27--..----____..._-----__._._.--.----__- 220, 236, 263, 328, 354, 586, 1122

Limited Access; State highways, define, HB 126--_.--_..433, 434, 463, 525, 571 Liquors, Spiritous; unlawful for non-resident to give information,
SB 153.--..--...--------. __...---- ....,,...----...........-_._...-------- ._._........ 727, 781

Livestock Dealers; record names, HB 44 ._--------..--------_...229, 235, 251, 263, 278 Loans to Counties; property valuation, HB 7..............207, 209, 226, 632, 634, 930

Local Affairs Office; provide for, SB 173 .......... . .. .----.._.... ..------._... ... 1026 Logan, Hon. B. C., ST.; express regrets at illness, SR 83.--..----.- ....._... ------741

Logs; transportation by motor vehicles, HB 45 .....-- ....190, 191, 211, 263, 795

Long County; commissioner's salaries, HB 212 .-- .,,... --288, 300, 348, 376, 386 Long County; sheriff and deputy's salaries, HB 214.... ... 288, 300, 349, 376, 387 Lookout Judicial Circuit, clerical help for solicitor,
HB 385-.--------.-.--------------..-. ..------..----.------.461, 507, 631, 641, 670

Lott, George W.; compensate, HR 33-..--.----.. ----...--.337, 340, 374, 414, 424

Louisville, City of; corporate limits, HB 241 ... .... .... ... 609, 624, 655, 679, 685

Lovejoy, Town of; change name to City of, HB 378 .. ....453, 461, 506, 524, 543

Lowndes County; board of education, compensation, HB 187.--.---..-------..------ ... - .------...----... -- .. -..287, 299, 348, 376, 385

Lowndes County; commissioners of roads and revenues HB 188 .... .. ....----. --. ..... . ... ... .._. -- ..... . .. . 287, 299, 348, 376, 385

Lowndes County; registration of voters, HB 328 ... ...... 432, 436, 465, 679, 687

Lowndes County; tax commissioner ex officio sheriff,

HB 47--.------.-----...--------...----.......- - .....230, 236, 251, 265, 316, 434

Ludowici, City of; establish city court, HB 213 .. 288, 300, 349, 739, 743, 817

Lumber; minimum standards, SB 32 .... ...

.. 232, 248, 263, 277, 281

Lumpkin, City of; amend charter, HB 405

516, 520, 595, 679, 691

Lumpkin County; board of education, HB 522 . . . . ...721, 731, 785, 790, 902

1160

INDEX

Lumpkin County; create office of tax commissioner, HB 521 ,,------------.------..---..--_.--.-----------721, 731, 785, 790, 918
Lyons, City of; amend charter, HB 239 ------ .,,.------.-- 357, 366, 408, 469, 481 Lyons, City of; corporate limits, HB 240 _._. ...... ... ... 357, 366, 409, 469, 481

Me
McDonough, City of; amend charter, HB 639 ........... ..... 860, 874, 959, 969, 1050 McDonough, City of; corporate limits, HB 635........ 856, 860, 874, 959, 969, 1050 McDuffie County; salary system, SB 52._._.__ 259, 303, 469, 472, 514, 612, 1123 Mclntosh County; ordinary's compensation, HB 539....--.....723, 733, 786, 789, 906 McRae, City of; amend charter. HB 231------------------ 289, 302, 350, 376, 389

M
"M-H 30"; Commissioner of Agriculture conduct educational program on, HR 63 . ------- ------------------------------------- 218, 219
"M-H 30"; conduct research for use of, SR 25------------_...-----204, 213, 230 Macon, City of; close certain property, HB 675--------.....867, 877, 965, 970, 1059 Macon, City of; corporate limits, HB 339------...----.----.430, 437, 466, 523, 535 Macon, City of; pension plan, SB 157----------.--------------------728, 782, 789 Macon, City of; recorder's court, powers, HB 390--.... ----_452, 462, 507, 524, 545
Macon, City of; recorder's court, clerk, HB 389..--------------.462, 507, 524, 545 Macon, City of; sick leave, fire and police departments,
SB 158--------..--------.----..-----------728, 782, 789, 894, 950, 1124, 1128 Macon County; city court of Oglethorpe, judge's salary,
HB 273---------------,,.------,,---...--------------264, 369, 410, 469, 484 Macon Telegraph; express appreciation to, SR 111.------------------------1022 Macon Times; express appreciation to, SR 111.....,,...--..------.------------..--1022 Madison, City of; compensation of mayor and aldermen,
HB 99.-__..---------------------------------------218, 224, 240, 264, 325 Malfeasance; indictment; county officials, SB 47--.---------------247, 262, 794 Malt Beverages; 864 oz. evidence of possession for sale,
HB 331-.----.-----..-----------------------.__----------.----- .---.-647, 651, 677 Malt Beverages; referendum on sale, SB 149--------.---------------------672, 736 Manchester, City of; amend charter, HB 440----..---------.587, 592, 629, 680, 694 Marietta, City of; board of education and corporate limits,
HB 554 --------------------------------.--------.--------724, 734, 787, 891, 909 Marietta Transport Company; compensate, HR 156....... 865, 879, 962, 1032, 1109 Marriages; persons able to contract, HB 105--------------647, 650, 677, 833, 938 Massell, Hon. Benjamin Joseph; express regrets at passing, HR 74.------....-- 219 Mayors; honoring, SR 20 --------------------------------------------------188 Medical Care; Public Assistance Programs, HB 325-----668, 674, 737, 835, 985 Medical Care; disabled, relieve counties, HB 324----------668, 674, 737, 835, 985 Medical Care Programs; relieve counties financial participation,
HB 323----__-__.----___-------------------------668, 673, 737, 835, 985 Medical Examiners, State Board of; appointment of members,
HB 289----__-.---..--.-.------------------------------362, 370, 411, 526, 579 Menlo, Town of; change name to City of, HB 524---...--721, 731, 785, 789, 903 Mental Health Center; designate "S. Enrest Vandiver Mental Health
Center," HR 177----------------------------------------770, 780, 831, 889 Mentally Retarded; day care centers, HB 142-------362, 365, 408, 526, 570, 663 Merger of Counties; provide for referendum, HR 20--------.207, 209, 226, 263, 266 Merger of Counties; state to assist,
SB 5-----.---- 157, 176, 184, 204, 258, 280, 333, 337, 497, 514, 930, 1122

INDEX

1161

Merger of Departments and Agencies; Governor to effectuate, SB 6--------------------------..----------157, 176, 184, 185, 204, 258, 278, 334
Merit System Act; amend relating to operating costs, SB 95.----------.-------_------..---_--.--.._------------.365, 407, 443, 794
Middle Georgia Coliseum Authority; create, HB 419---. 725, 729, 783, 834, 934 Military Forces Reorganization Act; amend, HB 9.------173, 175, 184, 195, 200 Milk; dispensing, non-profit schools, HB 504.--------------------866, 881, 964 Milledgeville State Hospital; commit aliens,
SB 137-..------.--.. ------ 623, 653, 682, 716, 755, 1088, 1115, 1124 Milledgeville State Hospital; commit aliens,
SB 139-------------.-------------------- 623, 654, 682, 717, 755, 1124, 1126 Miller County; city court judge's salary, HB 74 __._ 216, 222, 238, 263, 320 Minimum Foundation Program Act; finances for Fulton and DeKalb
Counties, SB 132 .__.._.--------....-..------_._------ 622, 653, 682, 846, 855 Minimum Foundation Program; allocation of funds, SB 142 --649, 676, 682, 847 Minimum Foundation Program; additional funds to local units,
SB 58_.------..--_-------------.---.--.-.--------...----.------------260, 304 Minimum Foundation Program; calculate financial ability,
HB 76------_----------------_--------..----_.----258, 261, 305, 377, 396 Minimum Foundation Program; teacher-pupil ratio permissive,
SB 170----.-----------.-------- . ----------------------------- 955, 1027 Montezuma, City of; amend charter, HB 23----------215, 221, 237, 265, 313, 363 Moon, Hon. Herbert Watson, Sr.; regrets at passing, SR 81--------------------719 Moore, Lewis; compensate, HR 125 _--_----_----._--_----_.864, 879, 962, 1031, 1108 Morgan County; coroner's salary, HB 98 ___----_.--------_.----218, 224, 240, 264, 324
Morgan County Development Authority; create HB 571--767, 776, 828, 891, 911 Morrow, City of; amend charter, HB 379-.--....,,----------453, 461, 506, 524, 544 Mortgages; method of cancellation, HB 208----._..----_.--432, 435, 464, 525, 567 Motions for New Trial; amend relating to objections,
HB 135----...------.--... -_----..--_------._------ 765, 774, 826, 971 Motor Carriers; define "for hire," SB 21--.--_..----..------..208, 225, 508, 597, 793 Motor Carriers; exclude certain motor vehicles,
HB 37..-------------.----------__.____-...--.....-207, 209, 226, 253, 266, 351 Motor Carriers; operation within municipalities,
SB 23................_------_--_ --------------.208, 225, 508, 597, 634, 966, 1122
Motor Carriers; redefine "for hire," SB 22 --------_.______.._ 208, 225, 508, 597, 794 Motor Common Carriers; Public Service Commission to enforce pro-
visins against, SB 93 ------------....--------. 364, 407, 509, 599, 634, 967, 1123 Motor Common Carrier; Public Service Commission to regulate,
SB 92-.------_----....---._------_---_------------ --------..------364, 407 Motor Common Carrier; Public Service Commission redefine powers,
SB 90_._--------------------_ 364, 406, 509, 599, 634, 966, 1123 Motor Common Carrier; Public Service Commission to regulate,
SB 88------------..-.------------------------------------363, 406, 509, 598
Motor Common Carrier; Public Service Commission to regulate, SB 89-------------------------------.-------------------364, 406, 509, 598
Motor Common Carrier; regulate non-resident, SB 91.--_----------------.------------.------..364, 407, 509, 599, 634, 967, 1123
Motor Fuel Tax Act; repeal tax on gasoline used on navigable waters, HB 320.----_---------------------------------------765, 774, 827, 889, 984
Motor Vehicle Certificate of Title Act; amend, HB 77...----__---_.,_-------------------.------------.336, 339, 373, 414, 415, 423
Motor Vehicle Liability Policy; define, SB 109------------------_.....----..... 457, 503' Motor Vehicles; define term "used", HB 173 ............ 336, 339, 374, 596, 605, 645 Motor Vehicles; inspection of, SB 14....174, 183, 253, 325. 354, 1077, 1122, 1125

1162

INDEX

Motor Vehicles; license fees, HB 409-...._... ..._---------- ...864, 878, 962, 1033, 1093 Motor Vehicle License Tags; proof of payment of taxes, HB 411... 585, 591, 628 Motor Vehicles; punishment for larceny, HB 354----------456, 459, 505, 657, 718 Motor Vehicles; reduce deposit of security, injury cases,
HB 395....----.-----.--------------..----------669, 674, 738, 892, 1000, 1125 Motor Vehicles; registration of manufacturers and dealers,
SB 146-------------_.--------.--------------649, 676, 791, 846, 853, 1124, 1127 Motor Vehicles; separate class from other tangible property,
HR 17-..-...--._--.--..---------.----.__----_----_----..___.207, 209, 226, 240, 242 Motorboat Numbering Act; agreements with other states,
HB 511-----------.-----.-------__.----.-------------- 813, 820, 884, 1033, 1094 Motorboat Numbering Act; tax on boats, SB 53.---------------.259, 303, 415, 493 Moultrie, City of; millage rate changed for school purposes,
HB 19....---------------__--._--_.._____.----_---_--.--------.179, 181, 193, 264, 309 Mt. Zion, Turkey Creek, Flint Corner Development Authority; create,
HB 552-...-----._------.-.._--.--------------------___--------724, 734, 787, 891, 909 Municipal Grants; provide purposes for, HB 177----647, 650, 677, 833, 941, 1028 Municipal Law Enforcement; compensation not from fines,
HB 497.-----------------------------------------------765, 776, 828, 833, 940 Municipal Office Holders; residency requirements, HB 54 __ 230, 236, 251, 265, 353 Municipalities; standards for incorporating, HB 88 ._...__. 336, 339, 374, 890, 935 Muscogee County Housing Authority Law; amend,
HB 383-----------_----------,,_,,..-------------_...------.461, 506, 524, 545

N
National Council of Teachers of English Achievement Awards; commend, SR 79-----------------------------_--------------718, 807, 817
National System of Interstate and Defense Highways; U.S. Highway 80, SR 12--------._----------------------------------------------167
New Industry; study of subsidies, SR 65---------~~~----.590, 628, 682, 750, 807 Newnan, City of; compensation of mayor, aldermen,
HB 264..---------------.-------------------359, 368, 410, 469, 485 Newton County; board of commissioners, HB 682----.----..------...856, 974, 1061 Newton County; create office tax commissioner,
HB 285------------.--------------------------------359, 369, 411, 469, 485 Newton County; sheriff's salary, HB 284----------....359, 369, 411, 469, 532, 612 Nicholls, City of; terms of mayor and aldermen,
HB 203------.------.-----..----------------------------.287, 300, 348, 375, 385 Nicholson, W. H.; compensate, HR 18 ....... ..... ... ... 337, 340, 374, 414, 424 Norquist, Robert L.; compensate, HR 186 ..--------.----770, 781, 832, 970, 1014 North Atlanta, City of; charter, HB 550 ...... -------- . .......723, 734, 787, 789, 908 North, Mrs. Elizabeth; compensate, HR 110--..----.--....769, 779, 831, 970, 1011
North Georgia Mountain Authority; create, SB 12------174, 182, 194, 196, 213, 291, 334, 354, 401, 416, 923, 1122, 1129
Northern Judicial Circuit; court reporter's salary, HB 160--------------.--------------------------285, 298, 347, 517, 631, 663
Notice of Service; amend methods, HB 305------ ..---- 401, 406, 443, 657, 752, 817 Notify Governor House and Senate have convened, HR 3 .... ...... ------..----..68, 70 Notify House Senate has convened, SR 1....------------.,,..--------..----.-- .._ .. 66, 70 Notify Senate that House has convened; HR 2 ...... ..... .--..------,,------. ......-68

INDEX

1163

o

Obscene Publications; felony to sell or possess, HB 132 ........ 283, 294, 344, 596, 604, 645, 665, 727, 841, 851, 930, 949, 986
Observance Day; relating to public welfare, SB 171------------...--------955, 1027 Oconee County; fire protection system, HR 146.----.--..648, 652, 678, 833, 1105 Oconee Town of; grant new charter, HB 439 .-- --------587, 592, 629, 680, 693 Oglethorpe University Basketball Team; commend SR 97--.-- . ._------------843 Okefenokee Swamp; construct bridge across, HR 170.-.--.....,, --..----..__--.. 518, 596 Old Age and Survivor's Insurance; employees, political subdivisions,
HB 35 ............._----......---- .........---- ...........--------....-...401, 404, 441, 682, 714 Old Age and Survivors Insurance; provide coverage for superior court
judges, SB 127. ...----......--..-.-----...-----...-- .----------------.590, 627, 657 Omaha, Town of; charter, HB 604 .----...----------_.._...__._.811, 821, 885, 974, 1043 Optometry; State Board of Examiners; clarify authority,
SB 80 ..__.----._-------..__ _..--------._ 293, 343, 378, 417, 449, 863, 868, 1123 Ordinaries Offices; close two half days, HB 107-------- 647, 650, 677, 971, 1005 Ordinaries Retirement; advisory report, HB 150..................284, 297, 346, 443, 447 Outdoor Advertising; control on highways of Georgia,
SB 123---------.--------.. .... ........ ....------.... ---- 519, 594, 632, 634, 641, 644

P
Pages, General Assembly; excused absences from school, HB 112.----__------_.--_--__.----....------------.----... -- ._.__ 433, 434, 463, 509, 511
Pannell, Hon. Charles; appointed Floor Leader of Senate----------------------98 Parks, State; leasing to public authorities, HB 657.---.. 857, 876, 961, 1032, 1085 Patrick, Dr. Joseph K.; regrets at passing, SR 112 ____------------__.----------.1022 Patterson, Homer C.; compensate, HR 155--.------------864, 879, 962, 1031, 1109 Peace Officers Annuity and Benefit Fund; define "peace officers,"
HB 581...-..--....--...----....--...---- .....------_-___..._........_.----. 857, 873, 958, 1031 Peace Officers Annuity and Benefit Fund; disability benefits,
SB 131 .----._-----.----_--------____._--------622, 652, 740, 750, 807, 1124, 1127 Peace Officers Annuity and Benefit Fund; provide for investments,
HB 146..-._----.---.--...__._.--...--___._-.--------__--------.283, 296, 345, 443, 446 Peace Officers Memorial Day; designate, SR 59----.......------.....___._._.583, 607, 671 Penal Institutions; civil and criminal jurisdiction,
HB 266 .__-----...----_---._.--.--..--.._--_--_____.--_--.400, 405, 442, 833, 943 Penal and Correctional Affairs Committee; relating to,
SR 95------.--------------.-----------------------------. .-.-..774, 826, 889, 937 Pennington, Hon. Robert F.; regrets at passing, HR 214 __ ----___.----------_ 670, 719 Pensions, Public; create study commission, SR 36------_____ 234, 250, 632, 637, 664 Pensions: retired policemen and firemen,
SB 136.....----_--.----.-------_.--.--- 623, 653^ 679, 684, 755, 860, 1124 Petroleum Industry; committee to study, SR 17--------.--------------------175, 183 Piedmont Judicial Circuit; terms of court in Banks County,
HB 174-------..--------------------.----517, 519, 594, 679, 685, 765, 792, 967 Pierce County; furnish law books to, HR 205- ----------815, 825, 888, 972, 1062 Pinball Machines; unlawful to possess or use,
HB 352...-..------..-- .. ------------..668, 674, 738, 741, 940, 954, 1067, 1125 Pinehurst, City of; amend charter, HB 169----..__----......... 286, 302, 347, 469, 478 Podiatrists; same rights and privileges as doctors,
SB 35..-- .---------- ..--..--...._-_.._.-- .._...----.........--------.---- 232, 248, 351, 415 Police, County; powers, SB 61......--------..--------------. 260, 304, 351, 352, 391 Police Week; designate, SR 59----------------------..---- ..------... ---- . 583, 607, 671

1164

INDEX

Policemen; Capitol area, commend, HR 247--..._..__...___.------------_.,, 864, 923 Policemen and Firemen; pensions, SB 136.--..623, 653, 679, 684, 755, 860, 1124 Political Subdivisions; blanket bonds for employees,
HB 513---------------_--------------__----------726, 730, 784, 890, 1100 Political Subdivisions; power to issue notes of indebtedness,
HB 205---------.------_..._._.-...__---------------- 667, 672, 736, 836, 936 Political Subdivisions; maintain recreation system,
HB 248_ --..------_----.-.----------------------725, 729, 783, 889, 980 Political Subdivisions; social security for employees,
HB 140--------------___------------------ -- -- 862, 871, 956, 1031, 1093 Political Subdivisions; use Georgia forest products in construction,
HB 210---------.--------...-_.._.----------------667, 673, 737, 836, 850 Political Subdivisions; Old Age and Survivors Insurance,
HB 35-.-.------.------___.---------.----------------401, 404, 441, 682, 714 Polk County; abolish office of treasurer, HB 514.___....._...-721, 731, 784, 891, 896 Poll Workers; wearing of badges,
SB 40--------._------------..... 233, 249, 351, 352, 391, 1029, 1034, 1123 Pooler, Town of; amend charter, HB 633.._-_____--856, 860, 874, 959, 969, 1049 Ports Authority, Georgia, remove certain limit on bonds,
HB 443--..-_.._...___-------- ----------____..-863, 871, 957, 1032, 1080 Poultry Industry; urge President to take certain measures, SR 51...-_._____449 Power of Eminent Domain; procedure, HB 279..--____.362, 369, 411, 468, 495 Powers, Hon. James E.; invitation to address joint session, HR 65..------212, 213 Practice of Law; residence requirements,
HB .386._____.___..______ _ ___________456, 462, 507, 525, 582, 772 Prayer Breakfast; express appreciation for, SR 44----...----------...-------- 246 Preservation, Board of; natural areas, create, SB 20--_.__...______.___ 208, 225, 658 President of U.S.; surrender of sovereignty of states,
HR 120----.---------------------------_ _.__...____--766, 780, 832, 833, 971, 1100 Presidential Electors; residents who move to other states, SB 168 ------955, 1026 Primary Elections; nominees not required to file petition, SB 152--.--727, 781 Primary Elections; relating to ballots, HB 73--...............----------.--..726, 729, 783 Primary, General and Special Elections Committee;
make Pulton County Study, SR 91 .------773, 826, 833, 934, 950, 1124, 1172 Professional Fund Raising; regulate, HB 650----------881, 929, 963, 1031, 1099 Professional Strikebreakers; unlawful to hire, SB 43__________ 233, 249, 631 Property Valuation; loans to counties, HB 7.--.-----207, 209, 226, 632, 634, 930 Psychiatric Hospital, State; admit aliens,
SB 138-___----------._--------._--------------623, 653, 682, 717, 755, 1124, 1126 Public Assistance Programs; medical care, define "assistance,"
HB 325--------------__...__--------------------__..-668, 674, 737, 835, 985 Public Assistance Programs; medical care, relieve counties financial
participation, HB 323--------.........------__--------_-------- 668, 673, 737, 835, 985 Public Health; day care Centers for mentally retarded,
HB 142.------------.............----..................._----362, 365, 408, 526, 570, 663 Public Health, State Department of; write off uncollectible accounts,
HR 158 -.---------_----__.-_----------------.----------648, 652, 678, 834, 943 Public Officers; vacancies, SB 4.___.__._...._..................._.....___.. 118, 158, 211, 396, 416 Public Pensions, Study Commission; create,
SR 36..----.--------------------.---------.-------_-------234, 250, 632, 637, 664
Public Sales; time and place, SB 25........... 209, 226, 265, 278, 281, 670, 804, 1122
Public Service Commission; certificate of public convenience, SB 24...----------------.-.--.---------------------........--------.... 208, 225
Public Service Commission; enforce provisions against motor common car riers, SB 93------------------------------------364, 407, 509, 599, 634, 967, 1123

INDEX

1165

Public Service Commission; motor common carriers, regulate non-resident, SB 91--------__--_----_------_.----_ 364, 407, 509, 599, 634, 967, 1123
Public Service Commission; redefine powers, SB 90----.----_--------_..--------.__-------- 364, 406, 509, 599, 634, 966, 1123
Public Service Commission; regulate motor common carriers, SB 88--------------_...____--.----,,-_--_----------------.363, 406, 509, 598
Public Service Commission; regulate motor common carriers, SB 89------____-_.__--__----___------------,,._____...364, 406, 509, 598
Public Service Commission; regulate motor common carriers, SB 92._..__ 364, 407 Public Service Commission; salaries of chairman and members,
HB 517--------------__.......__._...__...__..._...__._.._.. 766, 776, 828, 834, 918 Public and Trust Funds; designate depository,
SB 13----_....__..__.__._..__......_.__...__._.174, 182, 264, 306, 354, 612, 853 Pulaski County; create office of tax commissioner,
HB 448--------------------_......__..._.__.__.....__._.._588, 592, 629, 739, 747

Q
Quail; trapping of, HB 321........__...._------.._._--._---.--.--.---------- 609, 625, 655

R

R.O.T.C., High School; urging expansion, SR 68----.....__...._..._._..__....632, 664, 671

R.O.T.C. request Congress to continue, HR 62..__._____....._------ ... 218, 219

Rabbits; trapping of, HB 613--------------------__._...______.866, 880, 964, 1032

Rabun County; clerk for tax commissioner, HB 181......_._ 357, 366, 408, 469, 480

Radio Stations, Citizens Band; special license tags to motor vehicle

owners, SB 60........-__.__-__.._.--.._._..__._...__.._..._.----......_...._--.._._--------__ 260, 304

Railroads; number of crewmen to operate certain type trains, SB 133-622, 653

Rapid Transit Study Committee; create, SR 93 ------------.----774, 826, 833, 934

Ray, Hon. Jack B.; express appreciation to, SR 121----_...--.--------___--._._. 1117

Real Estate Investment Board; create, HB 147.--------.283, 296, 345, 377, 395

Real Estate; transfer between husband and wife,

SB 116._--------.----_.----_.--_.._.-_-_---- 502, 521, 525, 601, 634, 1124, 1127

Reapportionment of Congressional Districts; committee to study, SR 129----1118

Records; Secretary of State to keep incorporation of municipalities,

SB 155 .._._.___----.--_.._.____--_.._-__.----...__.--.--_..728, 782, 834, 848, 950

Recreation Commission, Georgia; create, HB 202._--...__.....__.765, 774, 826, 833, 935

Reeves, Ollie T.; express regrets at passing, SR 33....._-_---------_.--.------._. .--.212

Reidsville City Court; disposition of fines, HB 447--------588, 592, 629, 680, 694

Reports of Interim Committees --------...._.....--_--_------------.----.118, 159, 169

Residency Requirements, municipal office holders,

HB 54 ...----.----___------._....._.___----._--_._------ 230, 236, 251, 265, 353

Retirement Systems, State; invest funds in home loans, HR 86..----.866, 881, 963

Retirement System, State; teachers, SB 151----. ..._--...--------------.727, 781

Revenue Bills; may originate in Senate or House, SR 49--------------------.401, 441

Revenue Commission; provide for two deputies, HB 530 -725, 732, 785, 890, 936

Revenue Department; enforcement of liquor laws,

HB 555 ...-.------------_-----___--___--__--.--.--_----725, 735, 788, 888, 937

Richmond County; assistant solicitor general, HB 587--.--.768, 778, 830, 890, 914

Richmond County; city court, amend, HB 586-----..-------768, 778, 830, 890, 913

Richmond County; city court, assistant solicitor, HB 588-768, 778, 830, 890, 914

Richmond County; city court, clerk, HB 592 __...__.

--768, 778, 830, 890, 915

Richmond County; city court, judge and solicitor, HB 593--768, 778, 830, 890, 915

Richmond County; coroner's fee, HB 591--------------768, 778, 830, 890, 914

1166

INDEX

Richmond County; land conveyance, HR 34.------------..--------. 588, 592, 681, 717 Richmond County; provide planning and zoning commission,
HB 294--.---------. -- ----------------------------360, 370, 412, 679, 687 Richmond County; qualification fees, special election, SB 111... .._....... 457, 503 Richmond County; sheriff, clerk, compensation,
HB 584--..--..-------.------------..----------------..768, 777, 829, 890, 901, 913 Richmond County; solicitor general, compensation,
HB 589....___.--------------..._______.__.._____.......... .._...._._...__..__ 861, 873, 958, 972, 1041 Richmond County; superior court reporter, HB 590..____.._.861, 873, 958, 974, 1042 Riverdale, City of; define wards, HB 553.....__........._...724, 734, 787, 790, 901, 909 Riverside, Town of; parks, streets, etc., HB 480..____......... ....610, 625, 655, 680, 696 Rochelle, City of; salary for mayor and aldermen,
SB 140_--_____-_--_________________ ___.___------------_____648, 676, 739, 742, 807, 1029, 1124 Rockmart Development Authority; create, HR 42--------362, 371, 413, 470, 547 Rogers, Dr. Wallace; express regrets at passing, HR 75 __ ..._.. .----------.... 219 Rome Judicial Circuit; supplement judge's salary,
HB 92 ....----.-- ---.------_.--_.--_---------------- 217, 224, 240, 264, 324 Rossville, City of; levy ad valorem tax rate, HB 664 ... __ ........... .... 974, 1056 Rossvilie, City of; limit ad valorem tax, HB 665 ... ._..__......_....._.. . 974,1057 Roswell, City of; corporate limits, SB 122 ,,.. 519, 594, 890, 895, 950, 1124, 1127 Rountree, Miss Sarah Lynn; compensate, HR 94.--......_._..._----462, 507, 790, 1009 Rowland, J. H.; express regrets at passing, HR 136__......________--_____-___.--__ -338, 355 Rural Roads Authority Act; change of membership,
HB 280--.--------------_-------.-----------------...400, 442, 471, 496 Russell, Senator Richard B.; invited to address joint session,
SR 69.....-...-....----...._._-------_.______--------------------633, 664, 671 Ryder Cup Golf Matches Week; designate, HR 233------------ --------.769, 837

s

St. Mary's, City of; adopt ordinances, HB 168------------286, 297, 346, 375, 383

St. Mary's, City of; empower to borrow $37,000.00,

HB 167----.----------------_.------.--__..............286, 297, 346, 375, 383

St. Pius X High School; commend debating team, SR 84------___.----------------741

Sale City; amend charter, HB 519-_-..-...--..----.--....-721, 731, 784, 789, 917

Sale of Securities; redefine "salesman," HB 290....--...... 585, 590, 628, 889, 981

Sales Tax; exempt drugs used as part of feed for livestock and poultry,

SB 110.....-.-..............-..---.-----------..-------.--...---------.457, 503

Sales Tax; exempt seed and fertilizer, HB 186.... _...

337, 340, 374, 414, 448

Sales Tax; define "machinery," HB 3------------------173, 175, 183, 194, 203

Sales Tax; exempt sale of property University System of Georgia,

HB 431-------...----------------------------------.----766, 775, 827, 889, 943

Sales Tax; personal property for educational purposes, suspend,

HR 16.------------------------------.-- --_------.178, 182, 193, 240, 242

Sales and Use Tax; suspend on Holy Bible, HR 15--------179, 181, 193, 240, 241

Sales and Use Tax; exempt sale certain machinery,

HB 4..----------------------------------------------..173, 175, 183, 194, 203

Sanders, William L. Post No. 4742; compensate,

HR 107-.--------------------..------ .-.-...--.611, 626, 656, 675, 681, 760, 1091

Savannah City Court; time for holiday, HB 171_.._--------.285, 298, 347, 679, 684

Savannah, City of; compensation of judges, SB 17--------190, 210, 264, 307, 354

Savannah, City of; corporate limits, HB 143.---- 285, 296, 345, 739, 743, 1028

Savannah, City of; mayor ex-officio member of Armstrong Jr. College,

HB 245-...--.-----..-.-._...-----.-...------.------.------------------357, 367, 409

Savannah District Authority; amend, SB 119 . . ._ ...... ------ _______ .........502, 522

I NDEX

1167

Savannah District Authority; recreate, SR 58------------------------------.502, 522 Savannah Municipal Court; civil jurisdiction, HB 170---- 285, 298, 347, 891, 895 Savannah River; construct project at Trotter's Shoals, SR 15._.----. 169, 188, 218 Scarboro, Edsel; compensate, HR 46__--.--------_.__--.-769, 779, 831, 970, 1008
School Attendance; compulsory, increase maximum age, SB 2 ..----._---- 118, 158 School Boards, County; consolidation of schools,
HB 602---- .----.----.-----.-.---------------------727, 735, 788, 836, 1005 School Bus Drivers; license, SB 26---------- 220, 236, 252, 328, 354, 1122, 1127 School Bus Stops; to discharge students and teachers,
SB 102 ---------..------- .-----403, 440, 471, 494, 514, 968, 980, 1123 School Children; repeal grants, SB 19 .._.. .._.._..._.._........._...,,.207, 225, 252, 266, 391 School, County Superintendents; filling of vacancies,
SB 8..-------.-..------------._---.----__--._--_.-_-_----.158, 176, 194, 195, 213 School, County Superintendents; qualifications,
SB 7._..--__.-__....._.....___-__.__.. 158, 176, 194, 195, 213, 1029, 1066, 1075, 1122, 1128 School, State Superintendent; method of electing, SR 67--.__.........._.___......___ 624, 654 School System; junior college part of, SB 9....___....-------------- ....174, 176, 182 School Taxes; exempt persons 65 or over, SR 38---___--_----_.------... 234, 250, 632 School Teachers Retirement; Red Cross service, SB 66--------_.------.. --291, 341
Schools; consolidate in certain counties, SB 105--.--....--..._.403, 440, 469, 473, 514 Schools; county boards of education, facilities beyond 12th grade,
HB 527--------------.------.-----..------..--. --813, 820, 884, 973, 1114 Schools; create state-wide tenure law, SB 161----_--..------__-------------772, 825 Schools; milk dispensing, HB 504 ._........_.___....._...___..__......._..._.__----......__.866, 881, 964 Schools, Superintendent of; qualifications,
SB 67--.-------------------- ---- ------ 291, 341, 377, 394, 449, 586, 607, 1123 Schools; teacher-pupil ratio permissive, SB 162 .....__.__------__._.___._______._.____--.773, 825 Screven County Industrial Development Authority; create,
HB 172......_._.__...------.--_------..--..--.----.-...--....-285, 298, 347, 375, 383 Seal, General Assembly; provide for, HR 27----------..----. 207, 210, 226, 240, 244
Seat Belts, Automobile; unlawful to sell automobile without, SB 39-...----..---- -------------. 233, 249, 415, 417, 449, 771, 805, 1123
Secretary of Senate; reimburse for certain expenses, SR 77-----------------658 Secretary of State; to keep records on incorporation of municipalities,
SB 155.__._...--....--.----....----.----------.------..--------.728, 782, 834, 848, 950 Securities, Sale of; redefine "salesman," HB 290 ---------- 585, 590, 628, 889, 981
Seed and Fertilizer; exempt from sales tax, HB 186 ----.--.337, 340, 374, 414, 448 Senate; adjournment, SR 4 .--_----,,_----_----__.__--_.______--___----___.___._____..._.72 Senate Appropriations Committee; relative to, SR 30--------.----------------211 Senate Attaches; appointments, SR 3...--------------.--------_---._----------..--..67 Senate Committee on Economy, Reorganization and Efficiency in State
Government, SR 14 ...---- ..__....__.._----175, 183, 194, 197, 213, 968, 976, 1124 Senate Educational Matters Committee; relative to, SR 27 .------------._------_ 205 Senate Educational Matters Committee; relative to, SR 29--.---------------211 Senate Members; expenses and allowances, SR 5.--..--------.------..----_----.----72 Senate Rules; adoption of, SR 2.__.--.________--._._------__._..__--____----_..----_--_..___.66 Senate Rules; amend, SR 6.-_._.._..___.....----_------------_.....------...__....--------.118, 159
Senate Rules; amend Rule 198, SR 16------..--------_--_----.. ----------175, 183 Senate Rules; amend Rule 25, SR 40--.____.------__._.___--------------_____ 234, 250 Senate Rules; amend Rule 198, SR 46 ._.....------_....----....._------._ 339, 373, 414, 422 Senate Rules; amend Rule 198, SR 52 .-----------------------.434, 463, 470, 511 Senate Rules; amend, relative to Executive Sessions, SR 63--------.....----571, 594 Senate Rules; amend, relating to interim committees, SR 314- .._.-- ..------ 1023 Senate Standing Committees ___._----_----_----_--_____________--------------__108 Senate Terms; 4 years, SR 7----._----.------_--------.-.118, 159, 184, 185, 204

1168

INDEX

Senators; relocation of certain desks, SR 31--_-------.--------------------. ........ 211 Shad; when may be taken, HB 488----__-___..._------------------766, 776, 828 Sheehan, Hon. Joseph L.; congratulate, SR 124----__...__--------------...._----_ 1117 Shellman, Town of; change millage rate limit,
HB 532.--------------.----____.----..------------------.722, 732, 785, 789, 904 Sheriffs' Retirement Fund; provide for, HB 348......_....__.. 862, 871, 957, 971, 1064 Ships, identification of; SB 18------.----------------......__190, 210, 265, 277, 281 Small Claims Court; amend, certain counties,
HB 124.----------------------_--------------._.------..814, 818, 882, 974, 1039 Small Claims Court; garnishments executions, HB 18.--.215, 221, 237, 264, 308 Smith, Hon. Edward B., Sr.; express regrets at passing SR 92.--------------836 Smith, Hon. George T. and Mrs.; wish speedy recovery, HR 162.----------456, 514 Smith, Mrs. Homer; compensate, HR 52---------------- .--.337, 340, 374, 414, 426 Smyrna, City of; punishment for certain crimes,
HB 529.------._------_--..----.------------------722, 732, 785, 789, 903, 1028 Solicitors General; to participate in health insurance,
HB 224.--------.___._._.__...___...------------....862, 871, 957, 1032, 1093 Southern Bell Telephone Company; express appreciation for service,
SR 103----------__._.--------..._.._-.__._._---------------------..._.----.------. 922 Southern Judicial Circuit, judge's salary, HB 457--.-.. 646, 651, 677, 739, 747 Southern Technical Institute; construct additional dormitories,
SR 43----------_----__------..--.___.___.--...------------------. 231, 254 Southern Technical Institute; urge Board of Regents to construct dormitories,
HE 131---------_.------.----------------__....__..--------------.__.__..__._..290, 354 Spiritous Liquors; unlawful for non-residents to give information,
SB 153_----.------__.----------------------__.__----------------------.727, 782 State and Local Governments; emergencies, enemy attack,
HR 150--------------_____.__.__----..___...----.------_..- 669, 675, 739, 834, 1103 State Agencies and Departments, merger of,
SB 6----------------------------------...----.157, 176, 184, 185, 204, 258, 278, 334 State Auditor's Report; furnish to General Assembly,
HB 638----.._.__.__._..__.__.----------------_.858, 874, 959, 1031, 1099 State Bar of Georgia; establish, SB 62...... 260, 304, 377, 393, 416, 613, 661, 807 State Board of Barber and Beautician Examiners; abolish,
HB 226.------------------------_..--..--.----_--------.---609, 654, 682, 715, 772 State Board of Education; allocation of funds, SB 142 ---------- 649, 676, 682, 847 State Board of Education; educational television, make funds available for,
HB 100--------------------_----------------.--------812, 818, 882, 973, 1004, 1131 State Board of Education; finances for Pulton and DeKalb Counties,
SB 132--------------.__..----------------_.____----------622, 653, 682, 846, 855 State Board of Education; recompute pensions of certain teachers,
SB 135--------_-----------------_----622, 653, 679, 684, 755, 859, 1124
State Board of Examiners in Optometry; clarify authority, SB 80------.------------------------------.293, 343, 378, 417, 449, 863, 868, 1123
State Board of Health; duties of director, HB 429, 812, 819, 883, 1032, 1081, 1129
State Board of Health; payment of expenses by counties, HB 498----__...__-_.--------.....__------------------..814, 820, 884, 972, 1004
State Board of Medical Examiners; appointment of members, HB 289----_--------_------------._....__----------.--------362, 370, 411, 526, 579
State Board of Registration for Engineers and Surveyors; amend, HB 52--------------.--------._..._,,-----------------__-667, 672, 736, 833, 935
State Choir; designate, SR 101..----..------..------......_.----.---------------------- 922
State Department of Education, calculate financial ability, HB 76..____----..--------_..._--.-------------------------- 258, 261, 305, 377, 396

INDEX

1169

State Department of Education; teacher-pupil ratio permissive, SB 170----_________________------------------------------._ 955, 1027
State Department of Education; teacher-pupil ratio permissive, SB 162----.------------_.._._._--------__-----.___.--------------------.773, 825
State Department of Education; additional funds to local units for exceptional needs, SB 58--.--------------------___--__.-__--__._--__ 260, 304
State Department of Public Health; day care centers for mentally retarded, HB 142 --------------_______________.___________362, 365, 408, 526, 570, 663
State Department of Public Health; write off uncollectible accounts, HR 158-.----________________________-_._.____________648, 652, 678, 834, 943
State Department of Public Welfare; retention of certain benefits, HB 485_-______.___..._-_--_----------------------726, 730, 784, 835, 1002
State Department of Youth; create, HB 5--____..--647, 650, 676, 740, 763, 795, 931 State Employees' Assurance Department; create
SB 84 .____.---- .._-__._. 338, 373, 470, 494, 514, 816, 837, 853, 968, 979, 1123 State Employees, Deceased; payment of wages to estate,
HB 156--------_________---------------------------- 362, 365, 408, 527, 601, 645 State Employees' Retirement System; amend act,
HB 56---_---------------_--------------____..__.--__._. 230, 236, 252, 443, 445 State Employees' Retirement System; employ advisory agent,
HB 145.--------------________________________283, 295, 345, 443, 446, 1130 State Employees' Retirement System; involuntary separation,
HB 190---------------------------------------------400, 404, 442, 527, 580, 586 State Employees' Retirement System; credit military service,
SB 10----------___--------------------_________..._________.174, 182, 195, 328 State Employees' Retirement System; re-establish membership,
HB 184--_-_____.--_---._-----------------------------667, 672, 736, 836, 936 State Employees' Retirement System; Stone Mtn. Memorial Assn.
employees eligible, SB 166_______________________--__-______._._--728, 782, 834 State Employees' Retirement System; survivor's benefits,
SB 83_-_______________.___-________338, 373, 470, 493, 514, 816, 1123 State Ex Officio Official; compensate, HB 364-------- 929, 963, 971, 1071, 1131 State Fire Marshals; duties,
SB 65.._________________.______261, 305, 377, 444, 499, 1095, 1116, 1123, 1162 State Game and Pish Commission; amend act creating,
HB 397--______________________________________.863, 871, 957, 1086, 1129 State Game and Fish Commission; close Doboy Sound,
HB 269________________________________-------------- 585, 590, 628, 836, 981 State Game and Fish Commission; shad, when may be taken,
HB 488----------_____________.___________________--------766, 776, 828 State Game and Fish Commission, taking of water fowls,
HB 512.________________________________...________--813, 820, 884, 973
State Game and Fish Commission, trapping of rabbits, HB 613_________________--_____-_________----_----866, 880, 964, 1032
State Game and Fish Commission; unlawful to trap quail without permit, HB 321_________-___________----__-______________609, 625, 655
State Highway Authority Act; change membership, HB 283----___________________________.------401, 405, 442, 471, 497
State Highway Board; create, HB 1.______________172, 174, 183, 194, 198, 212
State Highway Board; create, HR 19----------__.172, 176, 184, 194, 201, 290
State Highway Board; director not constitute Highway Authority, HB 281........----------------,---- --__------__...___----400, 405, 442, 471, 496
State Highway Board; expenditure of funds, HB 42.....--862, 872, 956, 972, 1073
State Highway Board; reconstitution, SB 163----______________....773, 825

1170

INDEX

State Highway Department; use domestic materials for road repairing, HR 258.-----___._----___--_--_--_.__--__----------__.__-----968, 1023
State Highways; limited access, define, HB 126-------.... 433, 434, 463, 525, 571 State Law Department; reorganize, SB 48--_--_--------.----------247, 262, 657 State Leased Properties Study Committee; create,
HR 138-----.----__----__--_____----_------725, 735, 788, 833, 944 State Mental Institutions; certain conditions for admission, SB 166 ---- 870, 956 State Merit System Act; operating costs, SB 95 ----.._,,--------.365, 407, 443, 794 State Office Building Authority Act; amend, HB 8.-------178, 180, 192, 253, 254 State Parks; cabins, repeal resolution recommending discontinuance,
HR 77-----------------------------_____----------------337, 341, 414, 448 State Parks; leasing to public authorities, HB 657------858, 876, 961, 1032, 1085 State Property; grant county funds; HB 313--------------.668, 673, 737, 789, 792 State Psychiatric Hospitals; admit aliens,
SB 138...--------------..._..._----------------..--623, 653, 682, 717, 755, 1124, 1126 State Retirement System; teachers, SB 151--------_----------..----------__..727, 781 State Retirement System; invest funds in home loans, HR 86--------866, 881, 963 State Revenue Bills; may originate in Senate or House, SR 49------.---- .404, 441 State Revenue Commission; provide for two deputies,
HB 530---- ..--.----_._..----...----.----_.----__._725, 732, 785, 890, 936 State Revenue Department; enforcement of liquor laws,
HB 555.---..-----.----..---.-.------....--------725, 735, 788, 888, 937 State School Superintendent; method of electing, SR 67----------______.........624, 654 State School Superintendent; qualifications,
SB 67----------------------------..-- 291, 341, 377, 394, 449, 586, 607, 1123 State Supervisor of Purchases, compensation,
HB 495----------.---------------....---.865, 879, 962, 971, 1074, 1131 State Tax Finance Agency; create, SB 97----....--..-- ._--.._--.------------365, 408 State Toll Bridge Authority; change membership,
HB 282-.. .----------..--------. .._... .------------------..... 401, 405, 442, 471, 496 State Welfare Department; rename, HB 561.............._____ 857, 872, 958, 1032, 1083 Statesboro, City of; amend charter, HB 494 ..._----_---646, 651, 678, 739, 748
Steamship Savannah Commission; create, HB 55---..216, 222, 238, 265, 318, 517 Stewart County; board of commissioners, HB 540--....----723, 733, 786, 789, 906 Stewart County; election of county officials, HB 625...--814, 824, 887, 972, 1042 Stewart, Hon. George D.; commend, SR 127..--------------_._----------_-1118 Stewart, Hon. George D; elected Secretary of Senate--_-..----....------.....--------65 Stock Certificates; bank stock, method of receipt,
HB 191------_------------.----------...----........456, 458, 504, 657, 849 Stone Mountain Memorial Association; retirement system,
SB 156---.,------_....----__--__________--------------------728, 782, 834 Stone Mountain Memorial Association; security officers,
HB 441----------____________--__________.--__________-----593, 630, 740, 762 Strickland, Gabriel; compensate, HR 218 _------__.-------- 863, 876, 961, 1032, 1114
Substandard Dwellings; exempt improvements from taxation, SR 89---_______.--------_----__.__.___--_____-__________----773, 825, 889
Substandard Dwellings; exempt from taxation, fire hazards, SB 165----------------------___----------------___..-----------------818, 882
Substandard Dwellings; exempt improvements from taxation, SR 106---_----.--------------------------______----___.._-870, 956
Suggs,Irvin David; compensate, HR 61------------------------462, 507, 681, 759 Sumter County; coroner's salary and fees, HB 455--585, 593, 630, 680, 694, 772 Sunday Selling; regulate, SB 11____.----.------____.------------174, 182, 184, 269, 281 Superintendent of Schools; qualifications;
SB 67--------------_------------------291, 341, 377, 394, 449, 586, 607, 1123

INDEX

1171

Superintendent of Schools; method of electing, SR 67----..------------------624, 654

Superior Court Clerks; collect recording fees,

SB 45-----------.--------_-------------247, 261, 265, 329, 354, 670, 755, 1123

Superior Court Clerks; retirement, advisory agent,

HB 148-------- --..--.------ ------------------. ----_-------- 283, 296, 345, 468, 495

Superior Court Judges; Old Age and Survivors Insurance,

SB 127.----.-- ........._--,,.--------._._--...------------.----. .590, 627, 657

Superior Court Judges; secretaries, SB 50----...._------.----....--------247, 262, 468

Superior Court Judges; traveling expenses, HR 167.__-.....770, 781, 832, 889, 975

Supervisor of Purchases State; compensation,

HB 495.-- ----------------------------- ....865, 879, 962, 971, 1074, 1131

Surveyors and Engineers, State Board of Registration for;

HB 52 ______..----._.----_.--..--------..------...------.._--.. 667, 672, 736, 833, 935

Swainsboro, City of; corporate limits,

SB 120.-.--------------------------.---- ---- 518, 593, 679, 683, 755, 859, 1124

Sweet Potato Association of Georgia; commend, HR 287 ..._.____.,,__._.._. -- 1116, 1121

Swint, Mrs. H. S.; compensate, HR 181 -....._....._._..........._ .865, 879, 962, 1032, 1110

Sylvania, City of; amend charter, HB 536...... ...... ............ 722, 732, 786, 789, 905

Sylvania, City of; amend charter, HB 393 .... ------...452, 462, 507, 524, 545, 588

Sylvester, City of; amend charter, HB 676- ...... ................ 867, 877, 965, 970, 1059

Sylvester, City of; corporate limits, HB 293....---- -

360, 370, 412, 470, 487

Sylvester, City of; corporate limits, HB 295._.........._.._....... 360, 371, 412, 470, 487

T

Talbot County; election districts, HB 49---------- 215, 222, 238, 265, 317, 402 Talmadge, Senator Herman E., invited to address joint session,
SR 70 ............ __..__. -------- ........ ... ..... ----.._------....-- ..--------_. 633, 664, 671 Tax Collectors and Commissioners; bonds, HB 96 ...... ... 230, 236, 252, 263, 332 Tax Finance Agency, State; create, SB 97--..............------.------..---- ....... 365, 408 Tax Returns; made by mail, SB 74--------.------------ ---- 292, 342, 470, 493, 514 Taxation; exempt certain improvements to substandard dwellings,
SR 89-------------.......----......... ..._.-.--____...._--..___.--. ..............773, 825, 889 Taxation; exempt fire and other hazards in substandard dwellings,
SB 165--..-- --...._....----..-...-- ..--------......___,.__...--...--...___..__... 818, 882 Taxation; exempt improvements to substandard dwellings,
SR 106----------......_-----.__--_.-------.--.____--.-- --.870, 956 Taxation, Timber; petition Congress to reject changes in, SR 108 . ... ...__....._._. 922 Taxation, Timber; petition Congress to reject changes in,
SR 115 .-- ....-- ...--- ........_.._.-- 1023, 1122, 1128 Taxes Educational; exemptions for institutions of higher learning,
SB 96.....-...--....._--....--....--......--..--___.._._._------...-- --.365, 407 Taxes, School; exemptions for persons 65 or over, SR 38........... ...........234, 250, 632 Teachers Retirement System; advisory agent,
HB 149.----._------------._----------------------.----284, 297, 346, 443, 447, 1130 Teachers Retirement System; amend act creating, SB 151............____......._. 727, 781 Teachers Retirement System; change minimum floor,
SB 164 ----_------------ -----.._._.--...------_773, 825, 939, 950, 1027, 1069 Teachers Retirement System; credit for prior service,
HB 139-..------ .._----.-- -------...._...- .__.._----666, 672, 736, 835, 938 Teachers Retirement System; Red Cross service, SB 66 ------....----------291, 341 Telephone: prohibit abusive language over, HB 288-- .725, 729, 783, 834, 981 Telfair County; officers ineligible to hold office,
HR 102 -- -....--..-- --._-------------------...-------- ....362, 372, 413, 470, 557 Temporary Buildings; breaking and entering, HB 487----. ----..... 863, 872, 957 Third Senatorial District; relative to, SR 13--..--.._.--......___.------_--------..---- .166

1172

INDEX

Thomas County; small claims court, garnishment procedure, HB 302..----__._.._...__ ___.._____--667, 673, 737, 972, 1098, 1101, 1121
Thomaston, City of; charter, HB 274--------------------359, 369, 410, 469, 484 Thomaston, City of; corporate limits, HB 275------------.359, 369, 411, 469, 484 Thomasville, City of; board of commissioners,
HB 111 __..------_------------_______-.____.....__-..286, 294, 344, 375, 380 Thompson, Hon. M. E.; place marker at Jekyll Island,
HR 191-.________---._--__-__--___----.----------------.882, 929, 964, 1076, 1130 Tift County Development Authority; define duties,
HB 366......--_...._--------------------------..__...--.....452, 459, 505, 679, 690 Tifton, City of; commissioners salaries, HB 413---------..------.---- 516, 520, 595 Tifton, City of; voting age, HB 414----------__.....____..516, 521, 595, 680, 692 Tifton, City of; water pipes, sewer lines, HB 412...._______________ 516, 520, 595 Timber Cutting; urge Governor and Congress to resist changes in capital
gains tax laws, SR 74......._.......__----_----------______..----..--__.._...__658 Timber; petition Congress to reject changes in taxation, SR 108--.--...--..__....922 Timber; petition Congress to reject changes in taxation,
SR 115..____._._--_______ _______..--.----------------------1023, 1122, 1128 Tobacco; tagging of when treated by M-H 30, oppose move,
HR 188 ......_...__----_--------___...........__...__ ...... ....... ...612, 633 Toll Bridge Authority Act; change membership, HB 282 ...401, 405, 442, 471, 496 Trade Marks; registration of service marks, HB 424--....726, 729, 783, 892, 999 Traffic Ordinances; board to inquire into irregularities,
HB 420.....--....____________________--------------.--------.669, 675, 738, 892, 942 Traffic, Uniform Act Regulating on Highways; speed restrictions,
HB 10 _------_----------_ --------__...__----__._____----.190, 191, 211, 253, 254, 290 Traffic, Uniform Act Regulating on Highways; limited access,
HB 126 ..___..._..__------____--______----------------------_. 433, 434, 463, 525, 571 Traveling Salesmen; municipal tax, HB 632 .__._...----------866, 881, 959, 965, 1030 Troup County; amend civil and criminal courts, HB 119_._.286, 295, 344, 375, 380 Troup County; civil and criminal courts, bonds, HB 343 ___430, 438, 466, 523, 536
Trust Funds; invest in real estate loans, HB 500 __________ 813, 819, 884, 972, 999
Trust Funds, Public; designate depository, SB 13.___.._.____._____--...._--.._...___........................ 174, 182, 264, 306, 354, 612, 853
Trustees; definition of, SB 108 _________ _____434, 463, 657, 663, 718
Turner County; create one member commission of roads and revenues, HB 154 ----__--___._.---_------_------_--_--.------__ 285, 296, 345, 375, 382
Turner County Development Authority; prescribe purposes, HB 598 _.._______..--.--___----------_------------___--------768, 779, 830, 890, 915
Two-Price Cotton System; urge President of U.S. to take steps, HR 180____-___--.__.....-.__.--.-....._..__...._.--...__,,.._..._--...._--_.._--__.,__........586, 597

u

Uniform Act Regulating Traffic on Highway; limited access, HB 126.------_----_------------------------------433, 434, 463, 525, 571
Uniform Act Regulating Traffic on Highways; school bus stops, SB 102 --__----__---------------------- 403, 440, 471, 494, 514, 968, 980, 1123
Uniform Act Regulating Traffic on Highways; speed restrictions, HB 10 ------------.---.--------. - .......___----..___190, 191, 211, 253, 254, 290
Uniform Airports Act; landing fees, SB 41------........._.....233, 249, 415, 419, 449
Uniform Commercial Code; define public sale, SB 98-------- 402, 440, 468, 514, 570, 606, 771, 806, 853, 869, 930, 932, 1123

INDEX

1173

Union Point, City of; election of mayor, HB 182----------287, 299, 348, 376, 384 University of Georgia, Athletic Association; consolidation of funds,
SR 90----- __._.___._----------__----___..__------------------773, 826 University System of Georgia; exempt sale of property,
HB 431-.----------.--------_----_--------------------766, 775, 827, 889, 943 Upson County; small claims court, create, HB 574----_..767, 777, 829, 891, 911 Urban Redevelopment Law; define slum area, HB 252 -- .433, 436, 464, 524, 603

Valdosta, City of; amend charter, HB 677--.----.--------.867, 877, 965, 974, 1059 Valdosta, City of; public schools, HB 678------------------867, 877, 965, 974, 1060 Valdosta State College; commemorate 50th Anniversary,
HR 212----_____----_--.__------____---_---------------670, 719 Vandiver, S. Ernest Mental Health Center; designate,
HR 177---_------_------____------___...__...--__--.770, 780, 831, 889 Vienna, City of; ad valorem tax, HB 357-_....__..._..--.431, 438, 466, 523, 537 Voter Qualification; revise laws, HB 153--......._......__,,....284, 298, 346, 527, 576 Voter's Registration Act; amend, HB 17----------------_-401, 404, 441, 526, 528 Voter's Registration; register places other than registrar's office,
HB 246----__..__------------------------433, 435, 464, 525, 579, 631, 643 Voter's Registration; time when lists shall be closed,
SB 118----_.----------..._.--.----.._..------..--_.._------.--502, 522, 657, 795 Voting Machines; provide for elections, HB 144....----......----..------765, 774, 826 Voting Machines; use in all state elections, SB 113--------------501, 521, 657, 794 Voting; presidential electors who move to other states, SB 168----------955, 1026 Voting; residency requirements changed, SR 57--------------__----------602, 522 Voting; State employees to be given time off to vote,
SB 124.....------------.--------------------.------ .-------589, 627, 740, 748, 807
w
Wainer Construction Company; compensate, HR 28__...--..610, 626, 656, 681, 756 Walker, Hon. J. J.; express regrets at passing, SR 71...----------.,,----------.633 Walton County; tax equalization program, HB 673----.------------857, 974, 1058 Ware County; board of commissioners, create,
HB 363--------------._----_.-----.--------_------__--------431, 439, 467, 523, 537 Ware County; board of commissioners, create, HB 520----766, 776, 828, 891, 901 Ware County; office of tax commissioner, create, "HB 68------------457, 503, 1033 Warm Air Heating Contractors Board of Examiners; create,
SB 28.----------.-__._------_-------__------_.--220, 236, 265, 391, 632, 635, 664 Warm Springs, City of; ad valorem tax, HB 183----------.287, 302, 347, 376, 385 Warner Robins; amend charter, HB 454---------------- 585, 593, 630, 789, 792 Warren County; clerk's salary, HB 350..--._..--------.430, 438, 466, 679, 688, 752 Warren County; ordinary's salary, HB 351----..--------------431, 438, 466, 679, 688 Warren County; sheriff's salary, HB 349--------------.....__.----_------ 459, 505, 536 Water Fowls; taking of, HB 512 .------_----------.--.----------...813, 820, 884, 973 Waycross, City of; corporate limits, HB 67----_-.-------- 216, 222, 238, 263, 319 Waycross Judicial Circuit; superior court of Charlton
County, HB 369 .-.-.-.....----------.------------------------.517, 520, 595, 679, 690 Wayne County; board of commissioner's clerk, HB 89...--217, 224, 239, 264, 323

1174

INDEX

Wayne County; commissioners, amend Act creating, HB 461--------------------------------------------586, 593, 630, 891, 897, 1028
Wayne County; sheriff and clerk, compensation, HB 91..___ 217, 224, 239, 264, 323 Waynesboro City Court; stenographer's salary, HB 436--- 587, 591, 629, 680, 693 Webster County; sheriff's compensation, HB 575--- - ---767, 777, 829, 891, 911 Weights and Measures; licensing of persons testing
equipment, HB 365--.....------__.------__......----.-- 668, 674, 738, 833, 1003, 1131 Welfare, Department of; rename State Family and
Children's Services, HB 561...------.._.----..----.--.857, 872, 958, 1032, 1083 Welfare. Department of; retention of certain benefits,
HB 485--------...--.------------------.---- --------726, 730, 784, 835, 1002 Welfare Reorganization Act of 1937; abolish,
HB 562------_...---- --..------,,..------_--------857, 872, 958, 1031, 1083, 1129 Welling, Major General Alvin C.; commend, SR 80------....------------.--------719 West Georgia College; plans for gymnasium and education
building, SR 104......._.._.._............._---_____--___.._.------__------.------ .--------922 West Point, City of; board of registrars, HB 353----------431, 438, 466, 523, 537 West, W. L., Sr.; compensate, HR 39 .----.------,,_----...769, 779, 831, 971, 1007 White County; board of education, HR 85 ----_------.------.361, 371, 413, 470, 554 Whitfield County; ordinary, photostatic equipment, HB 456----..---856, 974, 1039 Wilful Burning; real and personal property, SB 63.------....260, 304, 377, 420, 449 Wilkes County; create office of tax commissioner,
HB 484..-..------....--------------------------- ----------.. 610, 626, 656, 680, 697 Wilkes County; sheriff's salary, HB 483------------------.. 610, 626, 656, 680, 697 Wilton Hall Bridge; invitation to dedication, SR 18--..------.._.--.,,.._________________ 169 Woodbury, City of; amend charter, HB 134 _____._... ...----..-.286, 295, 344, 375, 381 Woodruff, James W.; express regrets at passing, SR 37---------------------------.230 Woodruff, James W. Family; commending, SR 131.------.._.__._.._.----...----1119 Woodstock, City of; amend charter, HB 20 ---------- ----..179, 181, 193, 265, 313 Workmen's Compensation Act; redefine "injury", SB 85 .---- .----_. ------338, 373 Workmen's Compensation Act; x-ray and radio active
injury or death, SB 154--------. ................ ..,,....---------- .. .___------_. . -.728, 782 Workmen's Compensation; injury and personal injury, SB 15.-----.. ... 179, 191 Workmen's Compensation; time limit for
investigation, SB 31----.._.------_..._._... 231, 248, 631, 698, 718, 1021, 1065, 1122 World's Fair; relating to in Atlanta, HR 251 ..... .__..__----,,_.---- ...----------864, 923 Worth County; establish small claims court, HB 228--..... 517, 519, 594, 679, 685

Y
Young Harris, City of; change number of council members, SB 159--------------...--.728, 782, 789, 894, 950, 1124, 1128
Young, Hon. James E.; express appreciation to, SR 121..------------------------1117 Youth, Department of; create, HB 5..____..____------ 647, 650, 676, 740, 763, 795, 931

INDEX

1175

PART II

SENATE BILLS AND RESOLUTIONS
SB 1--Bond Forfeiture; failure to appear in court----117, 158, 468, 492, 500 SB 2--School Attendance, Compulsory; increase maximum age..----...118, 158 SB 3--Dependent children; aid to .-- .._----------------------.118, 158, 305, 329, 354 SB 4--Public Officers; vacancies, resignations--------.118, 158, 211, 396, 416 SB 5--Merger of Counties; state
to assist ..._._.. 157, 176, 184, 204, 258, 280, 333, 337, 497, 514, 930, 1122 SB 6--Merger of Departments and Agencies;
governor to effectuate ----..----.,-157, 176, 184, 185, 204, 258, 278, 334 SB 7--County School Superintendents;
qualifications ...... 158, 176, 194, 195, 213, 1029, 1066, 1075, 1122, 1128 SB 8--County School Superintendents;
filling vacancies ...-___..._______. .._.._.-.-----..------_--158, 176, 194, 195, 213 SB 9--Public School System;
junior college to be part of.------.----------------------_174, 176, 182 SB 10--State Employees Retirement System;
military service credited . . .-------- --,_____174, 182, 195, 328 SB 11--Sunday Selling; regulate--------..--_--------.-...--.174, 182, 184, 269, 281 SB 12--North Georgia Mountain Authority;
create ..174, 182, 194, 196, 213, 291, 334, 354, 401, 416, 923, 1122, 1129 SB 13--Public and Trust Funds;
designate depository _-...__----____174, 182, 264, 306, 354, 612, 853 SB 14--Motor Vehicles; inspection of-174, 183, 253, 325, 354, 1077, 1122, 1125 SB 15--Workmen's Compensation; injury and personal injury---------. 179, 191 SB 16--Athens, City of; amend charter....... .------180, 192, 264, 305, 354, 1122 SB 17--Savannah, City of; compensation of judges.----.190, 210, 264, 307, 354 SB 18--Ships; identification of-------------------------- ---- 190, 210, 265, 277, 281 SB 19--School Children; repeal grants ...------------------.207, 225, 252, 266, 391 SB 20--Board of Preservation of Natural Areas; create ----------.208, 225, 658 SB 21--Motor Carriers; define "for hire"------------...----.208, 225, 508, 597, 793 SB 22--Motor Carriers; redefine "for hire"----------.----208, 225, 508, 597, 794 SB 23--Motor Carriers; operation within
municipalities ____..---.----------------.208, 225, 508, 597, 634, 966, 1122 SB 24--Georgia Public Service Commission;
certificate of public convenience--.-----------------.----------208, 225 SB 25--Public Sales; time and place --. 209, 226, 265, 278, 281, 670, 804, 1122 SB 26--School Bus Drivers; license.--. ...----.220, 236, 252, 328, 354, 1122, 1127 SB 27--Agricultural Limestone; regulate
registration ...--._------------..._._.----. 220, 236, 263, 328, 354, 586, 1122 SB 28--Board of Examiners of Warm Air
Heating Contractors; create .... ... --220, 236, 265, 391, 632, 635, 664 SB 29--Fulton County; operate sanitary
landfill _----.----------. ------.--------220, 237, 264, 307, 354, 612, 1122 SB 30--Donalsonville, City of; amend charter.------231, 248, 264, 307, 354, 853 SB 31--Workmen's Compensation; time limit
for investigations ..---- .-------- 231, 248, 631, 698, 718, 1021, 1065, 1122 SB 32--Lumber; minimum standards of......---.---------232, 248, 263, 277, 281 SB 33--Advertising; unlawful to post on roads
or streets ........--------. ... ...... ----...----_..---- 232, 248, 253, 331, 351 SB 34--Firemen; activities of.... ..... ... ---- ......._ ---- 232, 248, 264, 276, 281 SB 35--Podiatrists; same rights and privileges
as doctors... .----..... ._._........... ..------------------.... 232, 248, 351, 352, 415

1176

INDEX

SB 36--General Assembly; compensation of..._----_-------------------- 232, 249 SB 37--Funds, audit of; legislative branch----------.._,_------------ 232, 249, 525 SB 38--Decatur, City of; corporate limits.------- 233, 249, 264, 308, 354, 1123 SB 39--Automobile Seat Belts; unlawful to sell
automobiles without-.---------. 233, 249, 415, 417, 449, 771, 805, 1123 SB 40--Poll Workers; wearing
of badges ----------------.-------- 233, 249, 351, 352, 391, 1029, 1034, 1123 SB 41--Uniform Airports Act; landing fees ......._......--.....233, 249, 415, 419, 449 SB 42--Insurers; penalties, refusal to pay claim
in bad faith.-...._.....__.._--_..__----_--_------._.--------...-233, 249, 265, 449 SB 43--Professional Strikebreakers; unlawful to hire....-.....------233, 249, 631 SB 44--Filing Fee; minimum, civil cases--------------246, 261, 525, 577, 606 SB 45--Superior Court Clerks; collect
recording fees ----------------247, 261, 265, 329, 354, 670, 755, 1123 SB 46--Appellate Courts; cost for
transcripts -----.----_----.------------247, 262, 265, 332, 354, 669, 1123 SB 47--County Officials; indictment for malfeasance.----.--------.....247, 262, 794 SB 48--State Law Department; reorganize----------.----_----------247, 262, 657 SB 49--Fairburn, City of; new charter------.247, 262, 468, 471, 514, 612, 1123 SB 50--Judges Superior Courts; secretaries.--------_------------247, 262, 468 SB 51--East Point, City of; new charter ----247, 262, 468, 471, 514, 612, 1123 SB 52--McDuffie County; salary system.--.... 259, 303, 469, 472, 514, 612, 1123 SB 53--Georgia Motorboat Numbering Act; tax on boats.--..259, 303, 415, 493 SB 54--Boats; fix situs of.------------.----------------------259, 303, 415, 446 SB 55--Advertising; regulate..--------------259, 303, 631, 659, 718, 1029, 1123 SB 56--Judicial Sales; advertisement of---._._--.------259, 303, 631, 662 SB 57--Chatham County; coroner's salary........--..----..--.....-------------- 259, 303 SB 58--Minimum Foundation Program of Education Act; amend------260, 304 SB 59--Cedartown, Development Authority;
create ----------------------------------260, 304, 523, 527, 606, 726, 1123 SB 60--Radio Stations, Citizens Band; special license
tags to motor vehicle owners --._..----..----------------------_- 260, 304 SB 61--County Police; powers of................--.....___.....--.... 260, 304, 351, 352, 391 SB 62--State Bar of Georgia; establish-- 260, 304, 377, 393, 416, 613, 661, 807 SB 63--Arson; penalty for wilful burning of
real and personal property --.----------------------260, 304, 377, 420, 449 SB 64--Georgia Insurance Code; penalty for false oath __ 261, 304, 525, 573, 606 SB 65--State Fire Marshals;
duties -------------- ---- 261, 305, 377, 444, 499, 1095, 1116, 1123, 1126 SB 66--School Teachers' Retirement Red Cross service------------------294, 341 SB 67--Superintendent of Schools;
qualifications ......--..----.._--....__ 291, 341, 377, 394, 449, 586, 607, 1123 SB 68--Banks; payment of capital stock----.291, 341, 376, 394, 416, 966, 1123 SB 69--Banks, Superintendent of;
office hours -------------------------- 291, 341, 415, 418, 449, 966, 1123 SB 70--Banks; ownership of real property--291, 341, 376, 395, 416, 966, 1123 SB 71--Banks; applications for charter----.--------------292, 341, 377, 395, 416 SB 72--Bank Officials; notification of irregularities--------------------292, 342 SB 73--Corporations; word "bank" or "banks" not be used in charter..-- 292, 342 SB 74--Tax Returns; made by mail--.----...------------.292, 342, 470, 493, 514
SB 75--Fulton County; retirement pay to certain teachers and employees.---------------------------------------------- 292, 342
SB 76--Fulton County; pensions for employees.------__--..----------292, 342
SB 77--East Point, City of: amend charter .... 293, 342, 375, 379, 416, 611, 1123
SB 78--East Point, City of; amend charter-- 293, 342, 375, 379, 416, 611, 1123

INDEX

1177

SB 79--East Point, City of; amend charter..- 293, 343, 375, 379, 416, 611, 1123 SB 80--State Board of Examiners in Optometry;
clarify authority _.--..------------ 293, 343, 378, 417, 449, 863, 868, 1123 SB 81--Education Grants; method
of payment .__.......____..... 293, 343, 378, 391, 416, 1076, 1078, 1123 SB 82--Commissioner of Agriculture; determine
quality of citrus fruits _ -- _-------- 293, 343, 378, 396, 417, 771, 808 SB 83--State Employees Retirement System;
survivor's benefits _------------_._------ 338, 373, 470, 493, 514, 816, 1123 SB 84--State Employees Assurance Department;
create .----------.338, 373, 470, 494, 514, 816, 837, 853, 968, 979, 1123 SB 85--Workmen's Compensation Act; redefine "injury"--------------338, 373 SB 86--Georgia Industrial Loan Act;
relocation of loan offices.---.... ----..339, 373, 377, 421, 449, 1029, 1123 SB 87--Fulton County Civil Court;
compensation of judges-.....--.....--.339, 373, 469, 472, 514, 611, 1123 SB 88--Public Service Commission;
regulate "motor common carrier".....----..----_----.. 363, 406, 509, 598 SB 89--Public Service Commission;
regulate "motor common carrier"----.__...----..--.------ 364, 406, 509, 569 SB 90--Public Service Commission;
redefine powers.....--...--..---------- 364, 406, 509, 599, 634, 966, 1123 SB 91--Motor Common Carrier;
regulate non-resident...__--.........._.364, 407, 509, 599, 634, 967, 1123 SB 92--Public Service Commission;
regulate "motor common carrier"--.__...----...--....----_____--______ 364, 407 SB 93--Public Service Commission; enforce provisions against
motor common carrier.--....----..--.364, 407, 509, 599, 634, 967, 1123 SB 94--Income Tax Returns; prohibit soliciting and
advertising for preparation....--......._....._____________________________365, 470 SB 95--Merit System Act; amend
relating to operating costs.--_----_----.---- _._----.365, 407, 443, 794 SB 96--Educational Taxes; exemption for institutions
of higher learning--..________________.__.__-.__--__--_.______----.____--365, 407
SB 97--State Tax Finance Agency; create----__----__....._....-----._-365, 408
SB 98--Uniform Commercial Code; define "public sale" .-- 402, 440, 468, 514, 570, 606, 771, 806, 853, 869, 930, 932, 1123
SB 99--Children; age of responsibility .----_----__--------402, 440, 833, 846, 950,
SB 100--Brunswick Judicial Circuit; secretary for superior court judges .--------------402, 440, 468, 494, 514, 859, 1123
SB 101--Congressional Districts; redivide state into ten ._-_------___.------_. 402, 440 SB 102--Uniform Act Regulation Traffic on
Highways; school bus stops to dis charge students and teachers ....403, 440, 471, 494, 514, 968, 980, 1123 SB 103--Atlanta, City of; abolish justice courts.----------...403, 440, 523, 527, 607 SB 104--Fulton County; fire prevention systems
in unincorporated areas---------403, 440, 469, 472, 514, 816, 1123 SB 105--Schools; consolidate in certain counties ..--------.403, 440, 469, 473, 514 SB 106--Architects; military personnel --------403, 441, 526, 570, 607, 967, 1123 SB 107--Divorce; service by publication--------403, 441, 525, 600, 634, 771, 1123 SB 108--Trustees; definition of __.--------_____------.___----.434, 463, 657, 663, 718 SB 109--Georgia Insurance Code; define "motor vehicle liability policy"--457, 503 SB 110--Georgia Sales and Use Tax Act; exempt drugs used
as part of feed for livestock or poultry.------------- ------------457, 503 SB 111--Qualification Fees; special election, Richmond County..----. --457, 503

1178

INDEX

SB 112--Jasper, City of;
change corporate limits----..----_------457, 503, 523, 528, 607, 771, 1123
SB 113--Voting Machines; use in all state elections----.------. 501, 521, 657, 794 SB 114--Baldwin County; create
civil and criminal
court __________ 501, 521, 739, 742, 807, 969, 1034, 1071, 1122, 1124, 1132 SB 115--Garnishment; use of second time---...-.------------------..----502, 521 SB 116--Real Estate; transfer between
husband and wife ...._.----...._.__... .----,502, 521, 525, 601, 634, 1124, 1127 SB 117--Department of Labor; establish Safety Division----.------.--.502, 522 SB 118--Voter's Registration; time when lists shall be closed _ 502, 522, 657, 795 SB 119--Savannah District Authority; amend -------- _...--------_ ._____.._____._ 502, 522
SB 120--Swainsboro, City of; corporate limits 518, 593, 679, 683, 755, 859, 1124 SB 121--American History Month;
February designated ----...._........_...... 518, 594, 632, 637, 664, 1029, 1124 SB 122--Roswell, City of; corporate limits 519, 594, 890, 895, 950, 1124, 1127 SB 123--Outdoor Advertising; control on
highways of Georgia--...-------------.----. 519, 594, 632, 634, 641, 644 SB 124--Voting; state employees to be given
time off to vote----------....---- ---- .---- ----.--.. 589, 627, 740, 748, 807 SB 125--Cobb County; amend charter __--------.... ____ ______ 589, 627 SB 126--Cobb County--Marietta Water Authority;
create _-_.._----,.. ------ ._------......_.__. ..... 589, 627, 679, 683, 755, 859, 1124 SB 127--Old Age and Survivor's Insurance; provide
coverage for superior court judges _--_._------_------------._--.. 590, 627, 657 SB 128--Justices of Peace; requirements for filing papers ..._.------.590, 627, 657 SB 129--City Courts; create in certain counties .---------- 622, 652, 679, 683, 755 SB 130--Corporations; amend and
revise laws ---.----------------------.. 622, 652, 657, 845, 853, 1124, 1127 SB 131--Peace Officers' Annuity and Benefit Fund;
disability benefits .------------.-- ----622, 652, 740, 750, 807, 1124, 1127 SB 132--Minimum Foundation Program Act;
finances for Fulton and DeKalb Counties _____________ 622, 653, 682, 846, 855 SB 133--Railroads; number of crewmen to operate certain type trains .___ 622, 653 SB 134--Atlanta, City of; establish new charter-.--------..622, 653, 679, 683, 755
SB 135--State Board of Education; recompute pensions of certain teachers____....____. .__. 622, 653, 679, 684, 755, 859, 1124
SB 136--Pensions; retired policemen and firemen ....----------------.--------.....623, 653, 679, 684, 755, 860, 1124
SB 137--Milledgeville State Hospital; commit aliens ._______. _______________ ____623, 653, 682, 716, 755, 1088, 1115, 1124
SB 138--State Psychiatric Hospitals; admit aliens ...... __.._..._---- ................ 623, 653, 682, 717, 755, 1124, 1126
SB 139--Milledgeville State Hospital; commit aliens --..----...,_._-...............623, 654, 682, 717, 755, 1124, 1126
SB 140--Rochelle, City of; salary for mayor and aldermen ..._.------...... 648, 676, 739, 742, 807, 1029, 1124
SB 141--Bills of Exception; adverse rulings __.._.___.. ___.__,,.___.__.. ____..___._. .__.649, 676 SB 142--Minimum Foundation Program; allocation of funds .. 649, 676, 682, 847
SB 143--Fallout Shelters; include in future constructions ...._.._.._.................... 649, 676, 834, 848. 921, 950
SB 144--Cochran, City of; create zoning commission ...._......_.. ______ ____ 649, 676, 739, 742, 807, 1124, 1128
SB 145--Governor-Elect; provide certain information ........ 649, 676, 740, 750, 807
SB 146--Motor Vehicles; registration of manufacturers and dealers ..... ...... 649, 676, 791, 846, 853, 1124, 1127

INDEX

1179

SB 147--Burial Places; punishment for

desecration of human body._._....._.._.._ 671, 736, 833, 845, 853, 1029, 1124

SB 148--Jekyll Island-State Park Authority;

use of income and gifts. _._------_-_. 671, 736, 741, 796, 807, 1124, 1126

SB 149--Malt Beverages; referendum on sale of _._.--_.----_----.----...... 672, 736

SB 150--Cubans; temporary licensing to practice

professions and trades ._..____.___. _

_.__. --.._--..._.672, 736, 889, 921

SB 151--State Retirement System; teachers ......_--------_................. ........ 727, 781

SB 152--Elections; nominees not required to file petition.--. --..--.......... . .. 727, 781

SB 153--Spiritous Liquors; unlawful non-resident to give information ....727, 782

SB 154--Workmen's Compensation Act; x-ray and radio

active injury or death . .__...._. .__.._...._...._...__.__...._...._.._......._. _____ .728, 782

SB 155--Records; Secretary of State to keep

incorporation of municipalities..... ..........__...._._.....728, 782, 834, 848, 950

SB 150--Stone Mountain Memorial Association;

become members retirement system .........----.....__._.. ______. ._____._728, 782, 834

SB 157--Macon, City of; pension plan............ _______________________________...____728, 782, 789

SB 158--Macon, City of; sick leave, fire

and police departments ................... _ .728, 782, 789, 894, 950, 1124, 1128

SB 159--Young Harris, City of; change

number of council members'........ .....728, 782, 789, 894, 950, 1124, 1128

SB 160--Alcoholic Beverages; unlawful to sell

or possess non-tax paid.,,.----_----_.___--.._.----.----------_----------.--772, 825

SB 161--Schools; create state-wide tenure law..-.. --------....__--_..____----__----772, 825

SB 162--Department of Education; teacher-pupil ratio permissive_____-_____773, 825

SB 163--State Highway Board; reconstitution..__.____...___....______._______..______..-___773, 825

SB 164--Teachers' Retirement System; change

minimum floor ................................__......_.._..773, 825, 939. 950, 1027, 1069

SB 165--Substandard Dwellings; exempt from taxation

fire and other hazards.............. .--...--..------..----..--.._------..818, 882

SB 166--State Mental Institutions; certain conditions to be committed .... 870, 956

SB 167--Investments; counties, school districts and municipalities..._.__.....870, 956

SB 168--Presidential Electors; residents who move to other states.....__..955, 1026

SB 169--Elevators; provide for safety. ....._.__...____.____._____.___.____._____......__.,.-...955, 1026

SB 170--Minimum Foundation Program; teacher-pupil

ratio permissive .... __.,,__ __.-- -- -- -_.__.._____.___955, 1027

SB 171--Observance Day; relating to public welfare -- ....------------ 955, 1027

SB 172--Bibb County; change division line in senatorial district ______..______......_____1026

SB 173---Local Affairs Office; to provide for .....___,, __.__--________.1026

SB 174--Alcoholic Beverages; prevent sale of within 500 yards

of church or school _____ ____ ________________________...___._.___.________1026

SENATE RESOLUTIONS

SR 1--Notify House Senate has convened............,............--... ________________ 66, 70

SR 2--Senate Rules; adoption of ____________ ___.._____.____..______.___.__.._______...__. _____..___66

SR 3--Senate Attaches; appointments _____

__.........___. 67

SR 4--Adjournment of Senate- ...._.....--............----.._..._.-- ..------_...._._....--..,,----72

SR 5--Senate Members; expenses and allowances ..___.....__....--...__._......_..._____________72

SR 6--Senate Rules; amend committee travel.--..--. --.----..._--.---- . 118, 159

SR 7--Senate Terms; provide for 4 years _...__.____..___..____ 118, 159, 184, 185, 204

SR 8--Jefferson-Jackson Day Dinner; date.__..--------___.....,,.._........ 117

SR 9--Governor's Commission for Effi

ciency and Improvement;

create .... 158, 176, 184, 187, 204, 258, 512, 582, 869, 929, 931, 1124

SR 10---Byrd, Hon. Garland T.; presented gavel and Bible...------------ _.___. _156

1180

INDEX

SR 11--Jefferson-Jackson Day Dinner; invitations ..... -------------------- ---- 157 SR 12--National System of Interstate and Defense
Highways; U. S. Highway 80 to be part of------------------------157 SR 13--Third Senatorial District; relative to.------.-------------------166
SR 14--Senate Committee on Economy, Reorganization and Efficiency in State Government; create ------ 175, 183, 194, 197, 213, 968, 976, 1124
SR 15--Savannah River; construct project at Trotter's Shoals site..------------------.--~.~.----.....____- 169, 188, 218
SR 16--Senate Rules; amend Rule 198..,________.__---------------------- 175, 183 SR 17--Petroleum; committee to study._----.------__._.........._.-------------- 175, 183
SR 18--Wilton Hall Bridge; invitation to dedication._------------------169 SR 19--Bipartisan Commission; election law reform.----------------------180, 192 SR 20--Mayors; honoring ------.----------_.__..........--------.--------------_...--------188 SR 21--Constitutional Amendment; amend Article
XI, Fulton County---..----.------------..190, 210, 253, 309, 354, 648, 1124 SR 22--Constitutional Amendment; amend
Article XI, Fulton County....----_.190, 210, 253, 311, 354, 648, 754, 1124 SR 23--Commission to Recommend Specific Revisions of
the Constitution of the State of Georgia; create..----..----..----.--191, 210 SR 24--Election Laws Study Committee;
create -----------__..--___..--------__191, 210, 351, 353, 391, 863, 893, 1124 SR 25--Commissioner of Agriculture; conduct
research for use of "MH-30"...._----------.........----..--.-......_.. 204, 213, 230 SR 26--Appropriations Committee; relating to----_--------_--------__----.204 SR 27--Senate Educational Matters Committee; relating to.,_--..----...----..205 SR 28--Committee Relative to Constitutional Revision; create--------------.205 SR 29--Senate Educational Matters Committee; relative to----------------211 SR 30--Senate Appropriations Committee; relative to.--...------------..----.211 SR 31--Senators; relocation of certain desks ------------------------------------.211 SR 32--Chattahoochee-Appalachicola-Flint Waterway;
relative to development of.----------------------------------212, 241, 246 SR 33--Reeves, Hon. Ollie T.; express regrets at passing--------------------.212 SR 34--Election Study Committee; time in
which to report findings ----------. 220, 237, 253, 333, 354, 1124, 1127 SR 35--Citizens Committee on Legislative Pay
and Perquisites; create --_.--__.._.._.--....----_--.-------------------- 233, 250 SR 36--Public Pensions Study Committee; create ------ 234, 250, 632, 637, 664 SR 37--Woodruff, James W.; express regrets at passing----------------------230 SR 38--Taxes, School; exemptions for persons 65 and over._.--..-- 234, 250, 632 SR 39--Homestead Exemptions; increase for certain persons...----234, 250, 596 SR 40--Senate Rules; amend rule 25--.........--------------------------.-234, 250
SR 41--Chatham County; extension of 52nd Street ----..-------------------- 234, 250, 264, 308, 354, 771, 1124
SR 42--Fincher, Senator Jack; commending --------___------------------230, 422 SR 43--Southern Tech Institute; construct additional dormitories._.... 231, 254 SR 44--Prayer Breakfast; express appreciation for.__--_--__--------_--------_ 246 SR 45--Fuqua, Senator J. B.; extending sympathy to ----.------------------------ 281 SR 46--Senate Rules; amend rule 198--.._....----------------. 339, 373, 414, 422 SR 47--Congress; request to support legislation relating
certain tax exemptions ----------.------.--..----------.__----------.363, 417 SR 48--Interim Committees; compensation _--._._.....----._--...--.----.----.403, 441 SR 49--Revenue Bills; may originate in Senate or House.--------------.404, 441 SR 50--Junior College; provide in Cobb County--------------------404, 441, 795 SR 51--Poultry Industry; urge president to take certain measures----..----449 SR 52--Senate Rules; amend Rule 198 ._-_...----------------------434, 463, 470, 511

INDEX

1181

SR 53--Battleship "Missouri"; urge Budget Bureau to make funds available to acquire and maintain.--------------- 449, 499, 518
SR 54--Basketball Game; Senate and House members.----,,--------449, 499, 646 SR 55--American History Month; designate.__._----____----------______.450, 499, 671 SR 56--Congressional Districts Study
Committee; create _------._----............----._.----..----457, 503, 526, 571, 607 SR 57--Voting; residency requirements changed-----_--_--_------_---- 502, 522 SR 58--Savannah District Authority; recreate __------------------------_-- 502, 522 SR 59--Peace Officers' Memorial Day and Police
Week; designate ..--....---_..--.._.-----------------------583, 607, 671 SR 60--Dental Students; authorize scholarships.--.----------519, 594, 632, 848 SR 61--Dowell, Dr. Spright; express regrets at passing.._.----...._._ 583, 607, 671 SR 62--Castleman, Mr. and Mrs. James Woods; commend..____...__------583 SR 63--Senate Rules; amend relating to executive sessions-----------571, 594 SR 64--Governor's Commission for Scientific
Research and Development; create -- 623, 654, 740, 750, 755, 858, 1124 SR 65--New Industry; study of subsidies .------------590, 628, 682, 750, 807 SR 66--Geer, Lt. Governor Peter Zack; expressing joy at return------.___ 597 SR 67--State School Superintendent; method of electing-.........------624, 654 SR 68--High School R.O.T.C.; urging expansion--------------------632, 664, 671 SR 69--Russell, Senator Richard B.; invited
to address joint session...------------_--.--------..------------...633, 664, 671 SR 70--Talmadge, Senator Herman E.; invited
to address joint session.------------------_------------_--..633, 664, 671 SR 71--Walker, Hon. J. J.; express regrets at passing----------------------.--633 SR 72--Brasstown Bald; road to be open to Young Harris.._----.__.--------658 SR 73--Government Operations Committee;
abolish .-_-...------.------------------....--649, 676, 740, 749, 807, 939, 950 SR 74--Congress; urge to resist any changes in present
capital gains tax laws relative to cutting timber------------------..658 SR 75--Basketball Game; members of Senate and House.----.--------.--658, 718 SR 76--Business Trade and Commerce Committee; create.----------------658 SR 77--Lieutenant Governor and Secretary of Senate;
reimburse for certain expenses ..._------...----------------.._------------. 658 SR 78--Hold-Over; Senate interim affairs __...._,,----------......--------..----..-659 SR 79--National Council of Teachers of English
Achievement Awards; commend--...----_.,.,,------------......--718, 807, 817 SR 80--Welling, Major General Alvin C.; commend .......--------.--------_.------.. 719 SR 81--Moon, Hon. Herbert Watson, Sr.; regrets at passing......._--------------719 SR 82--Lancaster, Hon. Bela A.; congratulate.------------------_....----..._.719 SR 83--Logan, Hon. B. C., Sr.; express regrets at illness.--------------------741 SR 84--St. Pius X High School; commend debating team.------.--------------741 SR 85--Ford, Henry; commemorate centennial of birth----------..741, 807, 817 SR 86--Governor and Lieutenant Governor; provide
for successors and filling of office.------------729, 783, 834, 919, 950 SR 87--Gayner, Hon. John M. Ill; commend.---__._--._--------...--.----.741 SR 88--Goldberg, Hon. Sam A.; sympathy at passing--------------___--_--..._._.741
SR 89--Substandard Dwellings; exempt certain improvements from taxation------------------------------.........773, 825, 889
SR 90--University of Georgia Athletic Association; consolidation of funds ...,,----.------------------------------,,--...--773, 826
SR 91--Primary, General and Special Elections Committee; make Pulton County Study....------773, 826, 833, 934, 950, 1124, 1127
SR 92--Smith, Hon. Edward B., Sr.; express regrets at passing...----.----._836

1182

INDEX

SR 93--Rapid Transit Study Committee; create..._.._.....__._. .. . .. 774, 826, 833, 934 SR 94--Friendship Community; commend ......_. __.........._...___.._.._.........._. __ ... ..__ 837 SR 95--Penal and Correctional Affairs Committee;
relating to .___ ._ .........._......._..._............ .-.----------------774, 826, 889, 937 SR 9(5--Hart County Basketball Team; congratulate coach.---.----_..--_~-~.--.807 SR 97--Oglethorpe University Basketball Team; commend--..--....---- ....843 SR 98--Dews, Hon. Charles E., Sr.; regrets at passing-------..----. _.. ----.843 SR 99--Labor Sunday Observance; recognize and commend program --.843 SR 100--Hart County High School; commend certain students .-...-.--...----.-.....844 SR 101--State Choir; designate _____ ................ ._... _.._..._.______...___.________.___.....____ 922 SR 102--Health Code Study Committee; create _______________________________________ 870, 956 SR 103--Southern Bell Telephone Company;
express appreciation for service -- .... ....,_..______...___. _______ 922 SR 104--West Georgia College; plans for gymnasium
and physical education building ...--..--........--. ---- ---- ...--------.. ...922 SR 105--Fulton and DeKalb Counties; relating to
calculation of financial ability _.....____..______... _____..____..._---.--____--. ....._..... 922 SR 106--Taxation; exempt improvements to substandard dwellings ... 870, 956 SR 107--House of Representatives; provide for terms----------------.-- . 870, 956 SR 108--Congress; petition to reject changes in timber taxation.-.--------...-.922 SR 109--Centennial Medal; struck.____.___.________..__ _______________ ... . 1022 SR 110--DeMolay Week; designate.--------..----.----.,..---...--------..-..- _ 1022 SR 111--Macon Telegraph and Macon Times; express appreciation to __ _ 1022 SR 112--Patrick, Dr. Joseph K.; regrets at passing--------..------ ..---- ..........1022 SR 113--Blankenship, Hon. John Douglas; congratulate.--_____________ ...____ 1023 SR 114--Senate Rules; amend relating to interim committee...--------------.1023 SR 115--Congress; petition to reject changes in
timber taxation ----------------------_--------------_1023, 1122, 1128 SR 116--Columbus Ledger and Columbus Inquirer; express appreciation to _ .1023 SR 117--Georgia Tech; express appreciation to officials.-------1023, 1122, 1126 SR 118--Legislative Council; express appreciation to -------------------- --1116 SR 119--Davis, Hon. Willis J.; express appreciation to____----_____________ ----1116 SR 120--Burton, Hon. Joe N. and Fortson, Hon. Ben W., Jr.,;
express appreciation to..-------.....----_--------------_.--,,______._____.._____ 1116 SR 121--Ray, Hon. Jack B., Young, Hon. James E.,
Hamilton, Hon. George B.; express appreciation to.----------------.. 1117 SR 122--Legislative Council: requesting certain information ___....____--. _____....___ 1117 SR 123--Jenkins, Chief Herbert T.; express apppreciation to..--_1117, 1122, 1132 SR 124--Sheehan, Hon. Joseph L.; congratulate--------------------------1117 SR 125--Blankenship, Mrs. Marion C.; regrets at passing------_ 1030, 1117, 1122 SR 126--Butler High School; commending girl's
basketball team and coach--..--------------------------------.--------1118 SR 127--Stewart, Hon. George D.; commending-...--------.------..------------1118 SR 128--Georgia Baptist Hospital Commission; congratulate .___ 1118, 1122, 1128 SR 129--Committee to Study Reapportionment of
Congressional Districts; appoint ____,,._...__..._ .___------_...._1118 SR 130--Geer, Hon. Peter Zack; commend ____--___--______..,,_____--._..--1118 SR 131--Woodruff Family; commend _______ .------------------------...--......------1119

INDEX

1183

PART III

HOUSE BILLS AND RESOLUTIONS

HB 1--State Highway Board; create._.__----------__ 172, 174, 183, 194, 198, 212 HB 2--Income Tax; certain corporations file estimate-190, 191, 210, 240, 241 HB 3--Sales Tax; define "machinery".--------.--------173, 175, 183, 194, 203 HB 4--Sales Use Tax;
exempt sale certain machinery-._----------.._ ----173, 175, 183, 194, 203 HB 5--Department of Youth; create..... .........647, 650, 676, 740, 763, 795, 931 HB 7--Loans to Counties; property valuation...... 207, 209, 226, 632, 634, 930 HB 8--State Office Building- Authority Act; amend.... 178, 180, 192, 253, 254 HB 9--Georgia Military Forces
Reorganization Act; amend ..... ___._.........._._......._.. 173, 175, 184, 195, 200 HB 10--Uniform Act Regulating
Traffic on Highways; amend -- ------ 190, 191, 211, 253, 254, 290 HB 11--Chattooga County; clerk superior court; salary......--...._ 178, 180, 192 HB 12--Chattooga County; ordinary's salary......_......._._................... 178, 180, 192 HB 13--Chattooga County; tax collector's salary....--__.--------------_----.178, 192 HB 14--Chattooga County; tax receiver's salary.....----------....._..178, 180, 192 HB 15--Chattooga County; sheriff's salary----__------------------178, 181, 192 HB 16--Chattooga County; commissioner roads and revenue.---.--178, 181, 192 HB 17--Voter's Registration Act; amend.----.------......401, 404, 441, 526, 528 HB 18--Small Claims Court;
garnishments, executions.......--------...----.----..215, 221, 237, 264, 308 HB 19 --Moultrie, City of;
millage rate changed for school purposes------.179, 181, 193, 264, 309 HB 20--Woodstock, City of; amend charter...--------------179, 191, 193, 265, 313 HB 21--Canton, City of; corporate limits.--------.------179, 181, 193, 265, 313 HB 22--Canton, City of; corporate limits...------.--..--.179, 181, 193, 265, 313 HB 23--Montezuma, City of; amend charter.------.215, 221, 237, 265, 313, 363 HB 24--Industrial Development Authority;
create in each county.-.---- .--.--..----____._.609, 624, 654, 740, 751 HB 25--Atlanta, City of; amend charter------.-.----..--215, 221, 237, 264, 314 HB 26--Atlanta, City of;
water mains in East Point------------------.----215, 221, 237, 264, 314 HB 27--Atlanta, City of; amend charter
relating to sewers ____..-.---- . .--------------------215, 221, 237, 264, 315 HB 28--Atlanta, City of;
refund pension contributions.___.----..----_------. 229, 234, 250, 469, 474 HB 29--Atlanta, City of; fire department, pensions----.229, 235, 250, 469, 475 HB 30--Atlanta, City of; police department, pensions ._ 229, 235, 251, 469, 475 HB 31--Atlanta, City of; treasurer--.-------------------229, 235, 251, 469, 475 HB 32--Atlanta, City of; fire department, pensions--229, 235, 251, 469, 476 HB 33--Atlanta, City of; police department, pensions-229, 235, 251, 469, 476 HB 34--Atlanta, City of; employee insurance..----.----..215, 221, 237, 264, 315 HB 35--Old Age and Survivors Insurance;
employees, political subdivisions-------.--------401, 404, 441, 682, 714 HB 36--Atlanta, City of; business licenses--.------------215, 221, 238, 264, 315 HB 37--Motor Carriers;
exclude certain motor vehicles ----------207, 209, 226, 253, 266, 351 HB 40--Capitol Punishment; exclude under
21 years of age -----336, 339, 373, 525, 574, 645, 661, 670, 838, 930 HB 42--State Highway Board; expenditure of funds ..862, 872, 956, 972, 1073

1184

INDEX

HB 44--Livestock Dealers; record names.------------_ 229, 235, 251, 263, 278 HB 44--Logs; transportation by motor vehicles----..._....190, 191, 211, 253, 795 HB 46--Calhoun County; change terms superior court... 229, 235, 251, 265, 316
HB 47--Lowndes County, tax commissioner ex-officio sheriff------.-- 230, 236, 251, 265, 316, 434
HB 48--Appropriations for operation of State Government-..---...501, 503, 522, 790, 797, 892, 930, 951, 968
HB 49--Talbot County; election districts ............... 215, 222, 238, 265, 317, 402 HB 50--Floral Designers; create board----..-..--258, 261, 305, 658, 713, 720
HB 52--Engineers and Surveyors; State Board of Registration... _----._------_...--... 667, 672, 736, 833, 935
HB 54--Residency Requirements; municipal office holders..------_-.--------..230, 236, 251, 265, 353
HB 55--Steamship Savannah Commission, create-216, 222, 238, 265, 318, 517 HB 56--State Employees Retirement System; amend--230, 236, 252, 443, 445 HB 57--Andrews Female College; terms of trustees.----------_--207, 209, 226 HB 59--Legal Process; prohibit imitation----._..----. -- 283, 294, 343, 833, 853 HB 62--Crisp County; coroner's compensation--------216, 222, 238, 263, 319 HB 64--Budget Bureau Act; amend--------------------- 283, 294, 343, 414, 417 HB 67--Waycross, City of; corporate limits-------- ------ 216, 222, 238, 263, 319 HB 68--Ware County; create office of tax commissioner--_----___457, 503, 1033 HB 71--Fitzgerald, City of; amend charter.--------------216, 222, 238, 263, 320
HB 72--Fitzgerald and Ben Hill Development Authority; create------------.---- 216, 222, 238, 263, 320
HB 73--Elections, Primary; relating to ballots.____----_--------.726, 729, 783 HE 74--Miller County; city court judge's salary.------216, 222, 238, 263, 320
HB 75--Interrogatories and Depositions; disposition of---------- 284, 294, 343 HB 76--Minimum Foundation Program
of Education; calculate financial ability---------- 258, 261, 305, 377 HB 77--Motor Vehicle Certificate
of Title Act; amend.----------------------336, 339, 373, 414, 415, 423
HB 78--Bartow County; sheriff's deputies, compensation.------._--_----.216, 223, 238, 263, 321
HB 79--Bartow County; deputy clerk superior court, compensation------------... 216, 223, 239, 263, 321
HB 80--Bartow County; ordinary's clerk salary----..... 217, 223, 239, 263, 321 HB 81--Bartow County; commissioners
of roads and revenues.------..._.--------------217, 223, 239, 263, 322 HB 82--Bartow County; create office
of tax commissioner--___.------------..--------_----217, 223, 239, 264, 322 HB 83--Bartow County; sheriff's
salary and office equipment----------------------217, 223, 239, 264, 322
HB 88--Municipalities; standards for incorporating------____---- 336, 339, 374, 890, 935
HB 89--Wayne County; commissioners' clerk------------217, 224, 239, 264, 323 HB 90--Jesup-Wayne County
Airport Authority, create----------------------217, 224, 239, 264, 323
HB 91--Wayne County; sheriff and clerk, compensation--------------- 217, 224, 239, 264, 323
HB 92--Rome Judicial Circuit; supplement judge's salary....------------------217, 224, 240, 264, 324
HB 94--Brunswick, City of; ad valorem tax.------.---- 218, 224, 240, 264, 324 HB 96--Bonds; tax collectors
and commissioners, amount-..--...----_--------.230, 236, 252, 263, 332

INDEX

1185

HB 98--Morgan County; coroner's salary....-..-....--..--.218, 224, 240, 264, 324 HB 99--Madison, City of; compensation of
mayor and aldermen__--------..--.....----.__ 218, 224, 240, 264, 325
HB 100--Educational Television; make funds available for.--------------812, 818, 882, 973, 1004, 1131
HB 101--Cuthbert, City of; amend charter----...--------289, 294, 344, 523, 528 HB 105--Marriages; persons able to contract----_----647, 650, 677, 833, 938 HB 107--Ordinaries Office; close two half days..--.----647, 650, 677, 971, 1005 HB 110--Dublin-Laurens County
Development Authority; create.----------._-.429, 434, 463, 523, 529 HB 111--Thomasville, City of; board of commissioners--286, 294, 344, 375, 380 HB 112--Pages, General Assembly; excused absences----.433, 434, 463, 509, 511 HB 116--Flowery Branch, Town of; change to City of_286, 295, 344, 375, 380 HB 117--Elections; candidates, majority vote required----.. -----..401, 404, 441 HB 118--Calhoun, City of; incorporate.._.__.._.._.----286, 295, 344, 375, 381 HB 119--Troup County; civil and criminal courts------286, 295, 344, 375, 380 HB 124--Small Claims Court,
amend certain counties--..__._.----.__------814, 818, 882, 974, 1039 HB 126--Limited Access; State highways, define__----.433, 434, 463, 525, 571 HB 132--Obscene Publications; felony to sell or possess
... ..---- 283, 294, 344, 596, 604, 645, 665, 727, 841, 851, 930, 949, 986 HB 134--Woodbury, City of; amend charter----.----------286, 295, 344, 375, 381 HB 135--Motions for New Trial; amend, re objections...----.. 765, 774, 826, 971 HB 136--Atlanta, City of; police department, pensions-431, 435, 463, 523, 529 HB 137--Atlanta, City of; corporate limits--....----..... 284, 295, 345, 375, 381
HB 138--Enigma, Town of; amend charter------...289, 295, 344, 469, 476, 517 HB 139--Teacher's Retirement System;
credit for prior service--.._----.--------_--------666, 672, 736, 835, 938 HB 140--Employees Political Subdivisions;
provide social security----...----------------.... 862, 871, 956, 1031, 1093 HB 142--Day Care Centers; mentally retarded--...362, 365, 408, 526, 570, 663 HB 143--Savannah, City of; corporate limits----.285, 296, 345, 739, 743, 1028
HB 144--Voting Machines; provide for------__------_--__--------_--------765, 774, 826 HB 145--Employees Retirement System;
employ advisory agent........----...._----...__ 283, 295, 345, 443, 446, 1130 HB 146--Peace Officers Annuity Fund;
provide for investments.------------..--.--------283, 296, 345, 443, 446
HB 147--Real Estate Investment Board; create................283, 296, 345, 377, 395 HB 148--Clerks, Superior Court;
retirement advisory agent------__----_...--------.283, 296, 345, 468, 495 HB 149--Teacher's Retirement System;
advisory agent--------..___----.......__..--------284, 297, 346, 443, 447, 1130 HB 150--Ordinaries Retirement; advisory agent.------.....284, 297, 346, 443, 447 HB 151--Firemen's Pension Fund;
provide for investments-..------...-------.--..-284, 297, 346, 443, 448 HB 152--County Boards of Education;
insure employees ----------------------------284, 298, 346, 377, 398, 445
HB 153--Voter Qualification; revise laws.--.--.--.----------.----------------.284, 298, 346, 527, 576
HB 154--Turner County; commissioner of roads and revenue------..------ 285, 296, 345, 375, 382
HB 156--Deceased State Employees; payment of wages to estate----------------362, 365, 408, 527, 601, 645
HB 157--Excavation of Public Ways; give notice of---------- 456, 457, 503, 524

1186

INDEX

HB 159--Hart County; create office of tax commissioner------------._.._ 285, 296, 345, 375, 382
HB 160--Northern Judicial Circuit; court reporter's salary.----------------------285, 298, 347, 517, 631, 663
HB 166--Kingland, City of; ad valorem tax--------------.286, 297, 346, 375, 382 HB 167--St. Mary's, City of;
empower to borrow money----..._----------.------ 286, 297, 346, 375, 383 HB 168--St. Mary's, City of; adopt ordinances------------286, 297, 346, 375, 383 HB 169--Pinehurst, City of; amend charter--------------. 286, 302, 347, 469, 478 HB 170--Savannah Municipal Court;
civil jurisdiction..--_------.-.--...--......__------.285, 298, 347, 891, 895 HB 171--Savannah City Court; time for
hearing, extend new trials._....._.......----_--------.285, 298, 347, 679, 684 HB 172--Screven County Industrial Development
Authority; create----------------------....---------- 285, 298, 347, 375, 383 HB 173--Motor Vehicles; define term "used"------ 336, 339, 374, 596, 605, 645 HB 174--Piedmont Judicial Circuit;
terms in Banks County...-......-._..517, 519, 594, 679, 685, 765, 792, 967 HB 175--Dentists and
Dental Ilygienists; qualifications--------.--------609, 624, 654, 835, 938 HB 176--Dental Hygienists;
provide for fees refund..--...-------- --.._,,._....____----... 609, 624, 654, 939 HB 177--Municipal Grants; provide purposes for._..647, 650, 677, 833, 941, 1028 HB 179--Liberty County;
supplement fees to ordinary.-------------------- 285, 299, 347, 376, 384 HB 180--Liberty County;
commissioner's compensation.-------------------.. 285, 299, 347, 376, 384 HB 181--Rabun County; clerk for tax commissioner-...... 357, 366, 408, 469, 480 HB 182--Union Point, City of; election of mayor-------- 287, 299, 348, 376, 384 HB 183--Warm Springs, City of; ad valorem tax-------- 287, 302, 347, 376, 385 HB 184--Employee's Retirement System,
State; reestablish membership .--------------..667, 672, 736, 836, 936 HB 185--Dalton, City of; corporate limits ........._. ___....._.__... 287, 299, 348, 469, 480 HB 186--Sales and Use Tax; exempt seed and fertilizer... 337, 340, 374, 414, 448 HB 187--Lowndes County;
board of education, compensation----------.---- 287, 299, 348, 376, 385
HB 188--Lowndes County; commissioners of roads and revenues...--.------ 287, 299, 348, 376, 385
HB 189--Fannin County; supplement salary of ordinary.-- .._.__.....287, 299, 348 HB 190--Employees Retirement System;
involuntary separation---..._. -.....-..-__....--400, 404, 442, 527, 580, 586 HB 191--Stock Certificate;
bank stock, method of receipt...._................... -.-456, 458, 504, 657, 849
HB 193--Banks; relocate main office----------------------456, 458, 504, 657, 849
HB 194--Banks; change in location of office.....----.----...456, 458, 504, 657, 849
HB 195--College Park, City of; recorder's court.--.....__.. 452, 458, 504, 523, 529
HB 196--Atlanta, City of; corporate limits _..------____. .429, 435, 463, 523, 530
HB 197--College Park, City of; relating to budget..-----452, 458, 504, 523, 530
HB 198--Atlanta, City of; corporate limits----..------.--429, 435, 463, 523, 530
HB 202--Georgia Recreation Commission; create--....----_..765, 774, 826, 833, 935
HB 203--Nicholls, City of; terms of mayor and aldermen..--.-------_...-- .------_. 287, 300, 348, 375, 385
HB 204--Camilla, City of; amend charter...----...----------287, 300, 348, 376, 386

INDEX

1187

HB 205--Political Subdivisions; power to issue notes of indebtedness------------------------667, 672, 736, 836, 936
HB 208--Mortgages; method of cancellation-------------- 432, 435, 464, 525, 576 HB 209--Georgia Insurance Code;
group insurance, labor unions----.----------..--667, 673, 737, 889, 998
HB 210--Political Subdivisions; use Georgia forest products-------------------- --667, 673, 737, 836, 850
HB 211--Lenox, Town of; lease certain property.-------287, 300, 348, 376, 386 HB 212--Long County; commissioner's salary....--__----__ 288, 300, 348, 376, 386 KB 213--Ludowiei, City of; establish city Court--....288, 300, 349, :739, 743, 817 HB 214--Long County; sheriff, deputy, salary 1_..._._..._._.;.....__.288, 300, 349, 376, 387 HB 215--Gilmer County; annual audit,
office of county commissioner.....--.__----.288, 300, 349, 679, 686, 772 HB 216--Leesburg, City of; corporate limits--_.-_____.----288, 302, 347, 376, 387 HB 218--Clayton Judicial Circuit;
court reporter's salary .........________._--------_...__. 288, 301, 349, 376, 387 HB 219--Clayton County;
commissioners of roads and revenues.-------...288, 301, 349, 376, 387 HB 220--Clayton County;
create office of tax commissioner----------.--288, 301, 349, 376, 388
HB 221--Clayton County; sheriff, clerk of superior court, salaries............288, 301, 349, 376, 388
HB 222--Clayton Judicial Circuit;
personnel for judge and solicitor ...--------......289, 301, 349, 376, 388 HB 224--Health Insurance;
solicitors general to participate.--------------..862, 871, 957, 1032, 1093 HB 225--Cosmetology; define........._....._--..___._..__.--...._ ........._..__.....609, 654, 682, 714 HB 226--State Board of Barber and Beautician
Examiners; define bartering.------------------609, 654, 682, 715, 772 HB 228--Worth County; establish small claims court----517, 519, 594, 679, 685 HB 229--Boston, City of; amend charter----------------.289, 301, 349, 376, 389 HB 230--Boston, City of; amend charter------------------- 289, 301, 350, 376, 389 HB 231--McRae, City of; amend charter.--------------.........289, 302, 350, 376, 389 HB 232--Clinch County;
commissioner's dark, compensate.--------------....289, 302, 350, 376, 390
HB 233--Brooks County; small claims court, create....... 357, 366, 408, 469, 480 HB 234--Bainbridge, City of;
employee's retirement system.--------.----------290, 302, 350, 375, 390 HB 235--Court of Record; judge allow
counsel fees in certain cases----------- ----------363, 366, 408, 525, 579 HB 236--Atlanta, City of; benefits and pensions----------429, 435, 464, 523, 531 HB 237--Atlanta, City of; annual reports.------------.--429, 435, 464, 523, 531 HB 239--Lyons, City of; amend charter--------------------.357, 366, 408, 469, 481
HB 240--Lyons, City of; corporate limits.--.----------.....__357, 366, 409, 469, 481 HB 241--Louisville, City of; corporate limits.--------------609, 624, 655, 679, 685 HB 242--Avera, Town of; amend charter....--------.------.357, 366, 409, 679, 687 HB 243--Bacon County; divide into districts..----------.--.357, 367, 409, 469, 481 HB 244--Cobb County Planning Department; create.----.357, 367, 409, 469, 482 HB 245--Savannah, City of; mayor
ex-officio member Armstrong Jr. College........................... 357, 367, 409 HB 246--Voters Registration; places other
than registrar's office.----------------.433, 435, 464, 525, 579, 631, 643 HB 247--Insured Persons; rights
against third party.._...765, 774, 826, 971, 1016, 1030, 1066 1089, 1126

1188

INDEX

HB 248--Political Subdivisions;

maintain recreation system.-.--.---..------725, 729, 783, 889, 980

HB 249--Colquitt, City of; amend charter..--...................358, 367, 409, 469, 482

HB 250--Clayton County; ordinary on salary basis..----..358, 367, 409, 469, 483

HB 251--Adoption Laws; consent of father.......----...._........._..--. ----..400, 405, 442

HB 252--Urban Redevelopment Law;

define slum area.----------------------.----433, 436, 464, 524, 603, 645

HB 253--Athens, Town of; quorum for city council----.358, 367, 409, 469, 483

HB 254--County Boards of Education; compensation....... 433, 436, 464, 509, 510

HB 255--Columbus, City of;

employees pension system.--.----------.----. -- 647, 650, 677, 739, 744

HB 256--Columbus, City of; self insurer.--_..___----...358, 367, 409, 469, 483

HB 257--Columbus, City of; employees pensions.--------647, 650, 677, 739, 745

HB 258--Columbus, City of; title to certain property....... 358, 368, 410, 469, 633

HB 259--Defense Highways; state-aid and

highway system of Georgia.--------------362, 368, 410, 471, 495, 510

HB 260--Evans County; ordinary's compensation...-..----358, 368, 410, 469, 477

HB 261--College Park; City of; mayor's salary.----............452, 458, 504, 523, 531

HB 262--Coweta County; sheriff,

ordinary, clerk salaries.....____._._.....--.... ........431, 436, 464, 509, 512

HB 263--Coweta County;

sheriff, clerk, ordinary expenses..----....----....358, 368, 410, 469, 482

HB 264--Newnan, City of;

compensation of mayor and aldermen..----...-- 359, 368, 410, 469, 485

HB 265--Civil Cases; trial at return term------.667, 673, 737, 1031, 1097, 1131

HB 266--Penal Institutions;

civil and criminal jurisdiction.------.------------ 400, 405, 442, 833, 943

HB 268--Atlanta Judicial Circuit; disposal of business ..359, 368, 410, 888, 998

HB 269--Game and Fish Commission;

Close Doboy Sound .__...--.--........_..------....... 585, 590, 628, 836, 981

HB 273--Macon County; city court

of Oglethorpe, judge's salary..------.___..-- .264, 369, 410, 469, 484

HB 274--Thomaston, City of; amend charter...................359, 369, 410, 469, 484

HB 275--Thomaston, City of; corporate limits ._.__.------.. 359, 369, 411, 469, 484

HB 276--Glynn County; compensation

of solicitor of City Court of Brunswick..------------ 458, 504, 523, 532

HB 277--Glynn County; coroner's salary..--------------------------459, 504, 532

HB 278--Chamblee, City of; taxes for sanitation............... 359, 369, 411, 469, 485

HB 279--Eminent Domain, Power of; procedure..............362, 369, 411, 468, 495

HB 280--Georgia Rural Roads Authority Act;

change membership --.__,,_--_--_----.--.----......... 400, 442, 471, 496

HB 281--State Highway Board; director not constitute

State Highway Authority ..,,..._......... .....................400, 405, 442, 471, 496

HB 282--State Toll Bridge Authority

Act; change membership .......

.... 401, 405, 442, 471, 496

HB 283--State Highway Authority

Act; change membership._.---- ...-- ...._.-------- .401, 405, 442, 471, 497

HB 284--Newton County; sheriff's salary.............. 359, 369, 411, 469, 532, 612

HB 285--Newton County; create office

of tax commissioner ----------_------.........----....359, 369, 411, 469, 485

HB 286--Cherokee County; salaries of certain officials .360, 370, 411, 469, 486

HB 287--Candler County;

commissioners of roads and revenues.-----.. --360, 370, 411, 470, 486

HB 288--Abusive Language; prohobit over telephone ...725, 729, 783, 834, 981

INDEX

1189

HB 289--State Board of Medical Examiners;

appointment of members-......__------------------362, 370, 411, 526, 579

HB 290--Sale of Securities; redefine "salesman"------_.. 585, 590, 628, 889, 981

HB 292--Burke County Development

Authority; create-.------------------._.-.-__.__ 360, 370, 412, 470, 486

HB 293--Sylvester, City of; corporate limits....--..............360, 370, 412, 470, 487

HB 294--Richmond County; planning

and zoning commission----,,..._....-_....._..._._._..._-360, 370, 412, 679, 687

HB 295--Sylvester, City of; corporate limits........--------.-360, 371, 412, 470, 487

HB 302--Thomas County; small claims

court, garnishment procedure--.-667, 673, 737, 972, 1098, 1101, 1121

HB 303--Fulton County; pensions for employees---360, 371, 412, 470, 488, 518

HB 305--Notice of Service; amend methods-__-,.401, 406, 443, 657, 752, 817

HB 306--Divorce; clarify sane and insane status..-433, 436, 465, 790, 982, 1028

HB 312--Apartment Ownership Act; create.-.----363, 370, 412, 657, 762, 817

HB 313--State Property; grant county funds--.--------668, 673, 737, 789, 792

HB 316--Comptroller General; compensation...--------._.400, 406, 443, 470, 512

HB 318--Pulton County; teacher's pensions---.----.----360, 371, 412, 470, 487

HB 319--Fulton County; employee pensions--------361, 371, 412, 470, 489, 772

HB 320--Motor Fuel Tax Act; gasoline used on

navigable waters, repeal tax.--------.----------765, 774, 827, 889, 984

HB 321--Game and Fish Commission;

unlawful to trap quail without permit----.--------------609, 625, 655

HB 323--Medical Care Programs;

relieve counties financial participation...._----668, 673, 737, 835, 985

HB 324--Aid to Disabled Act; relieve

counties financial participation.----------------668, 674, 737, 835, 985

HB 325--Public Assistance Programs;

medical care, define "assistance"--------.---- 668, 674, 737, 835, 985

HB 326--Aid to Dependent Children Act;

define certain words------------------------------668, 674, 738, 835, 986

HB 327--Georgia Factory for Blind;

observe State holidays ....._......,,..._............................ 647, 650, 677, 791, 844

HB 328--Lowndes County; registration of voters--------432, 436, 465, 679, 687

HB 329--Cherokee County; compensation

of commissioner's clerk---------.----------------432, 436, 465, 523, 533

HB 330--Bar Examination; Justice of Supreme Court

to fix date for holding.__----------------

585, 590, 628, 657

HB 331--Malt Beverages; 864 ounces

evidence of possession for sale --._....._...--..--...,,.--.......... 647, 651, 677

HB 333--Bleckley County;

create office of tax commissioner------------------ 459, 504, 523, 533

HB 334--Bleckley County; ordinary's compensation..---- 432, 437, 465, 523, 534

HB 335--Bleckley County;

commissioners'compensation ------ ......._.....---- 432, 437, 465, 523, 534

HB 336--Douglas County; sheriff's allowance-------------------430, 437, 465

HB 337--Douglasville, City of; amend charter.------. 430, 437, 465, 523, 534

HB 338--Douglas County;

create Study Commission _---------------------- -430, 437, 468, 523, 535

HB 339--Macon, City of; corporate limits .....' ------------430, 437, 466, 523, 535

HB 340--Area Redevelopment Finance

Administrator; create office _..__.._.--._.._----._...._...._. 766, 775, 827, 889

HB 341--Floyd County;

sheriff's deputies, compensation ........._....... .430, 438, 466, 523, 535

1190

INDEX

HB 342--Floyd County; additional deputy sheriff.. .......... 430, 438, 466, 523, 536

HB 343--Troup County;

civil and criminal court, bonds _...------_--___...,,_ 430, 438, 466, 523, 536

HB 347--Atlanta, City of; clerk of criminal court...._--__. 609, 625, 655, 679, 688

HB 348--Sheriff's Retirement Fund; provide for-----862, 871, 957, 971, 1064

HB 349--Warren County; sheriff's salary......................................... 459, 505, 536

HB 350--Warren County; clerk's salary............--.......430, 438, 466, 679, 688, 752

HB 351--Warren County; ordinary's salary--...........----. 431, 438, 466, 679, 688

HB 352--Pinball Machines;

unlawful to possess or use._ 688, 674, 738, 741, 940, 954, 1067, 1125

HB 353--West Point, City of; board of registrars._-_.__._ 431, 438, 466, 523, 537

HB 354--Motor Vehicles; punishment for larceny.--....... 456, 459, 505, 657, 718

HB 355--Employment Security

Agency; provide offices .._......._...__----.--..............812, 818, 882, 969, 997

HB 356--Atlanta, City of; corporate limits....................... 517, 519, 594, 679, 689

HB 357--Vienna, City of; ad valorem tax.--...----.--.--..431, 438, 466, 523, 537

HB 358--Fulton County; juvenile

court judge's salary-..- - --- ------------ 610, 625, 655, 679, 689

HB 359--Fulton County; ordinary's compensation.....__.... 610, 625, 655, 679, 689

HB 360--Fulton County; criminal court,

salaries of judges and solicitors ._......_.. .. ....... 610, 625, 655, 679, 690

HB 361--Catoosa County; superior

court clerk's compensation _...._..___....--..--------....431, 439, 467, 679, 689

HB 362--Catoosa County; clerical assistant to sheriff......431, 439, 467, 891, 895

HB 363--Ware County; hoard of commissioners, create._ 431, 439, 467, 523, 537

HB 364--State Ex Officio Official; compensate ......... 929, 963, 971, 1071, 1131

HB 365--Weights and Measures; licensing

of persons testing equipment........._...._ 668, 674, 738, 833, 1003, 1131

HB 366--Tift County Development

Authority; define duties ._.-._....;:.. ................... 452, 459, 505, 679, 690

HB 367--Houston County; hoard of

commissioners, amend act creating ....... .._...._.. 452, 459, 505, 523, 539

HB 368--Centerville, City of; mayor's salary. ....... ...452, 459, 505, 523, 540

HB 369--Waycross Judicial Circuit;

superior court of Charlton County..--..--....----..517, 520, 595, 679, 690

HB 370--Charlton County; employees' compensation ........ 452, 460, 505, 523, 540

HB 371--Charlton County;

;

commissioners, number of members ._._............... 453, 460, 505, 523 540

HB 373--Evans County; superior court clerk's salary 453, 460, 505, 523, 541

HB 374--Lake City; corporate limits ............_......_. ..__....... 453, 460, 505, 523, 541

HB 375--Clayton County;

fire prevention districts, tax............ ........ 453, 460, 506, 524, 542, 645

HB 376--Forest Park, City of; corporate limits---------453, 460, 506, 524, 541

HB 377--Forest Park, City of; employees' insurance .......... 453, 460, 506, 524, 541

HB 378--Lovejoy, Town of; change name to City of..... 453, 461, 506, 524, 543

HB 379--Morrow, City of; amend charter..--------..------.453, 461, 506, 524, 544

HB 381--Columbus, City of; amend charter...----..... ...453, 461, 506, 524, 544

HB 382--Columbus, City of; medical

center board of commissioners.-.------------.--.---...--.461, 506, 524, 544

HB 383--Muscogee County Housing

Authority Law; amend-----------------.------.------.461, 506, 524, 545

HB 384--Cobb Judicial Circuit; court reporter's salary........... 461, 506, 657, 664

HB 385--Lookout Judicial Circuit;

clerical help for solicitor............... ___...--------..__. 461, 507, 631, 641, 670

INDEX

1191

HB 386--Practice of Law; residence requirements .-456, 462, 507, 525, 582, 772 HB 389--Macon, City of; recorder's court, clerk------------------462, 507, 524, 545 HB 390--Macon, City of; recorder's court, powers-.---.452, 462, 507, 524, 545 HB 393--Sylvania, City of; charter.--.------------452, 462, 507, 524, 545, 588 HB 394--Automobile Liability Insurance;
protection against uninsured------..----------.--. 517, 520, 595, 740, 844 HB 395--Motor Vehicles; reduce deposit of security,
injury cases .... ._.....------669, 674, 738, 892, 1000, 1125 HB 396--DeKalb County; districts,
board of education __----..-- .........----------__...__._. 767, 775, 827, 891, 896 HB 397--Game and Fish Commission;
amend act creating.----------.--....--.........------.863, 871, 957, 1086, 1129
HB 398--Banks and Banking; define "city," "town," and "village"..-...... 812, 818, 883, 973, 997, 1065
HB 403--Carrollton, City of; tax rate for school purposes----..._.. ...-.----------..585, 591, 628, 679, 691
HB 405--Lumpkin, City of; amend charter.........--._.------..516, 520, 595, 679, 691 HB 407--Clayton County; establish law library.--------516, 520, 595, 680, 691 HB 408--Clayton County; Civil Service Commission......-516, 520, 595, 680, 691 HB 409--Motor Vehicles; license fees .-------.-.---864, 878, 962, 1033, 1093 HB 410--Federal Census;
effective date in Georgia Laws.----------------726, 729, 783, 889, 999
HB 411--Motor Vehicle License Tags; taxes, proof of payment--_--.,,------...------.._.------.------.585, 591, 628
HB 412--Tifton, City of; water pipes, sewer lines.----...----------.516, 520, 595 HB 413--Tifton, City of; commissioners' salaries ..--------__--------.516, 520, 595 HB 414--Tifton, City of; voting age----------------------516, 521, 595, 680, 692 HB 416--Bowdon, City of; amend charter------__----.516, 521, 596, 680, 692 HB 418--County Officers; qualification fees......._.--.._...._..--812, 818, 883, 1096 HB 419--Middle Georgia Coliseum
Authority; create----.--------.--.----._--------.725, 729, 783, 834, 934 HB 420--Traffic Ordinances;
board to inquire into irregularities -------------669, 675, 738, 892, 942 HB 421--Industrial Loan Business;
create study commission------ ----.771, 777, 827, 891, 942, 1000, 1021 HB 422--Income Tax; certain corporate stocks..--------864, 878, 962, 1031, 1080 HB 424--Trade Marks; registration of service marks..-726, 729, 783, 892, 999
HB 426--Civil Defense; provide organization in each county.----------669, 675, 738, 833, 1002
HB 429--State Board of Health; duties of director......------------------..812, 819, 883, 1032, 1081, 1129
HB 430--Cusseta, Town of; amend charter.----------587, 591, 628, 680, 692 HB 431--Sales Tax; exempt sale of property
University System of Georgia..------------------766, 775, 827, 889, 943 HB 433--Appling County; amend charter.------------.------.587, 591, 628, 739 HB 434--Appling County; board of education--------587, 591, 629, 739, 745, 967 HB 435--Georgia Fertilizer Act;
redefine "manufacturer" .__. ----------------------765, 775, 827, 972, 1002
HB 436--Waynesboro City Court; stenographer's salary-------------------------- 587, 591, 629, 680, 693
HB 437--Crawford County; superior court clerk's salary- .---------- .....------_......587, 591, 629, 891, 897, 967
HB 438--Andrew Female College; amend act incorporating......... .----------------...588, 592, 629, 680, 693

1192

INDEX

HB 439--Oconee, Town of; grant new charter-------------587, 592, 629, 680, 693 HB 440--Manchester, City of; amend charter....------..587, 592, 629, 680, 694 HB 441--Stone Mountain Memorial
Association, security officers.._----.........,,..--............... 593, 630, 740, 762 HB 442--Cobb County; board
of commissioners, create..----.--------__.__587, 592, 629, 740, 746, 817 HB 443--Georgia Ports Authority;
remove certain limit on bonds------.----_-863, 871, 957, 1032, 1080 HB 444--Conasauga Judicial Circuit; create......... 813, 819, 883, 972, 1019, 1132 HB 446--Georgia Forestry Commission;
improve real estate held under deed------.-..--.726, 730, 783, 836, 850 HB 447--Reidsville City court; disposition of fines.....,--..588, 592, 629, 680, 694 HB 448--Pulaski County;
create office of tax commissioner.--.......----.....588, 592, 629, 739, 747 HB 449--Election Managers; unlawful
to serve in certain cases.----------------_862, 872, 957, 1033, 1074 HB 452--Juvenile Courts Act;
change age limit making name public_------.--------__. 862, 872, 957 HB 454--Warner Robins; amend charter-.----------------685, 593, 630, 789, 792 HB 455--Sumter County;
coroner's salary and fee .._........._.._..._...........-585, 593, 630, 680, 694, 772 HB 456--Whitfield County;
ordinary, photostatic equipment--_.-- .--.--------..----..856, 974, 1039 HB 457--Southern Judicial
Circuit; judge's salary.--------------------------..646, 651, 677, 739, 747 HB 461--Wayne County;
commissioners, amend act creating......._586, 593, 630, 891, 897, 1028 HB 464--Bulloch County; coroner's compensation------...814, 819, 883, 974, 1040 HB 465--Chattahoochee County; tax commissioner..--..--586, 593, 630, 680, 696 HB 466--Baker County; sheriff's salary--------..----....-_---------646, 651, 678 HB 467--Baker County; county officials, salaries--646, 651, 678, 891, 898, 1027 HB 468--Baker County; tax
collector, compensation.------.----------646, 651, 678, 891, 899, 1027 HB 469--DeKalb County; bailiff's salary------...._------.813, 819, 883, 974, 1040 HB 470--DeKalb County; electricians, examinations .----767, 775, 827, 891, 896 HB 473--Agricultural Terms; define--------..------------_.------.646, 651, 678 HB 474--Austell, City of; corporate limits----------.-...586, 593, 630, 680, 696 HB 476--Atlanta Judicial Circuit;
abolish fee system, superior court--_.--.----. ..610, 625, 655, 680, 696 HB 477--Birds; prohibit hunting and
taking of certain birds..----.....-------766, 775, 828, 1032, 1081, 1130
HB 478--Colquitt County; small claims court, judge..----.....-----...----..723, 730, 786, 888, 900
HB 479--Cook County; small claims court--------..724, 730, 784, 789, 916, 1028
HB 480--Riverside, Town of; parks, streets, etc.--,...... -610, 625, 655, 680, 696
HB 482--Hogan, City of; amend charter------------......610, 626, 655, 680, 697
HB 483--Wilkes County; sheriff's salary.----.------..-.... 610, 626, 656, 680, 697
HB 484--Wilkes County; create office of tax commissioner.----.------------------610, 626, 656, 680, 697
HB 485--Department of Public Welfare; retention of certain benefits--.----------------726, 730, 784, 835, 1002
HB 487--Temporary Buildings; breaking and entering.-------.----------.----..---..----.----. 863, 872, 957

INDEX

1193

HB 488--Game and Fish; shad, when may be taken-----------.--._--------------766, 776, 828
HB 492--Adoption; remove certain grounds for annulment_._..----_.----.__.._813, 819, 883, 972, 1079
HB 494--Statesboro, City of; amend charter.----..........646, 651, 678, 739, 748 HB 495--State Supervisor of
Purchases, compensation..._----.................865, 879, 962, 971, 1074, 1131 HB 497--Municipal Law Enforcement;
compensation not from fines.-.--.--.--------766, 776, 828, 833, 940 HB 498--Board of Health;
payment of expenses by county__----__------814, 820, 884, 972, 1004 HB 500--Trust Funds; invest in real estate loans.--------.813, 819, 884, 972, 999 HB 501--Hospital Authority Law;
extend time for contracts------------------_725, 730, 784, 835, 1094 HB 502--Fulton County; sheriff's salary------------.----815, 820, 884, 974, 1040 HB 503--Hazlehurst, City of; corporate limits__............646, 652, 678, 740, 748 HB 504--Milk; dispensing, non-profit schools-__--..__._----------866, 881, 964 HB 508-^Teffersonville, City of; corporate limits_.--..669, 675, 738, 740, 793 HB 511--Georgia Motorboat Numbering Act;
agreements with other states..__.._____.813, 820, 884, 1033, 1094 HB 512--Game and Fish; taking of water fowls------------.813, 820, 884, 973 HB 513--Employees of Political
Subdivisions; blanket bonds.__....__..____.726, 730, 784, 890, 1100 HB 514--Polk County; treasurer, abolish office.------.....721, 731, 784, 891, 896 HB 517--Public Service Commission;
salaries of chairman and members.......................766, 776, 828, 834, 918 HB 518--Governor's Staff Tags;
prohibit use without permission..-----...725, 731, 784, 833, 944, 1028 HB 519--Sale City; amend charter...........--------------------721, 731, 784, 789, 917 HB 520--Ware County;
board of commissioners, create.----------_.--...766, 776, 828, 891, 901 HB 521--Lumpkin County;
create office of tax commissioner----__..--.....721, 731, 785, 790, 918 HB 522--Lumpkin County; board of education__....------721, 731, 785, 790, 902 HB 524--Menlo, Town of; change name to City of...--.....721, 731, 785, 789, 903 HB 526--Catoosa County;
board of utilities commission--.._...--------------722, 731, 785, 789, 903 HB 527--Schools; facilities beyond 12th grade----813, 820, 884, 973, 1114, 1130 HB 528--Corporation Income Tax;
filing by two or more corporations.------------__.... 863, 872, 958, 1031 HB 529--Smyrna, City of;
punishment for certain crimes------------722, 732, 785, 789, 903, 1028
HB 530--State Revenue Commission; provide for two deputies..-...-.------------------------..725, 732, 785, 890, 936
HB 531--Burke County; coroner's salary.------------------722, 732, 785, 891, 902
HB 532--Shellman, Town of; change millage rate limit.......----...._----__--------------.722, 732, 785, 789, 904
HB 534--Columbus-Muscogee Health Fund; appropriation 722, 732, 786, 789, 905
HB 536--Sylvania, City of; amend charter........__..------722, 732, 786, 789, 905
HB 537--Hall County; city court, salaries of judge and solicitor..----------------722, 732, 786, 790, 905
HB 538--Clermont, Town of; amend charter.....--.............722, 733, 786, 790, 906
HB 539--Mclntosh County; ordinary's compensation--723, 733, 786, 789, 906

1194

INDEX

HB 540--Stewart County; board of commissioners--------723, 733, 786, 789, 906
HB 543--Dodge County; tax commissioner's clerk, compensation.--------------723, 733, 786, 790, 907
HB 544--Dodge County; board of commissioner's clerk, compensation.--------.----.723, 733, 786, 790, 907
HB 545--Dodge County; ordinary's clerk, compensation_723, 733, 787, 790, 907 HB 546--Dodge County; deputy assistants, salaries ..,----723, 733, 787, 790, 908 HB 548--Collection Agents; filing of bond-..------------------.----...867, 880, 964 HB 549--DeKalb County; civil and
criminal courts, salaries-------------------------724, 734, 787, 789, 908 HB 550--North Atlanta, City of; charter------........__. ---- 723, 734, 787, 789, 908 HB 551--Carrollton Payroll
Development Authority, create.--..--------....-724, 734, 787, 891, 902 HB 552--Mt. Zion, Turkey Creek,
Flint Corner Development Authority, create- 724, 734, 787, 891, 909 HB 553--Riverdale, City of; wards..------------------724, 734, 787, 790, 901, 909 HB 554--Marietta, City of; board
of education and corporate limits.-----.---- --724, 734, 787, 891, 909 HB 555--Revenue Department;
enforcement of liquor laws.--------------------725, 735, 788, 888, 937 HB 556--Fees of Auditor; to be determined
by judge making referral------ ----. ... 815, 820, 884, 972, 1017 HB 557--Fees of Auditor; to be taxed by
judge making referral--------------------816, 821, 885, 972, 1018, 1131
HB 558--Brunswick-Glynn County Development Authority; members--------.--------724, 734, 788, 789, 910
HB 560--Hawkinsville, City of; board of commissioners --------------. --------..----724, 735, 788, 790, 910
HB 561--Welfare Department; rename State Family and Children's Service------------.857, 872, 958, 1032, 1083
HB 562--County Boards of Family and Children's Services; create.------857, 872, 958, 1031, 1083, 1129
HB 566--Brunswick, City of; commissioner at large....--------767, 776, 891, 910 HB 569--Fort Oglethorpe; division of wards------------815, 821, 885, 974, 1041 HB 570--Fort Oglethorpe; mayor and aldermen.------811, 821, 885, 974, 1042 HB 571--Morgan County Development
Authority; create.......---------------------------767, 776, 828, 891, 911
HB 574--Upson County; small claims court, create---------------- ----...767, 777, 829, 891, 911
HB 575--Webster County; sheriff's compensation------767, 777, 829, 891, 911 HB 576--Clarke County; juvenile court-------------------867, 880, 964, 972, 1041 HB 579--Dudley, City of; corporate limits----.------------.767, 777, 829, 891, 912 HB 580--Clayton County; criminal court,
judge and solicitor.----..------....----.......--------.767, 777, 829, 891, 912
HB 581--Peace Officers Annuity and Benefit Fund; define "peace officers"--..--------857, 873, 958, 1031
HB 582--Dawson County; tax commissioner.....------..----767, 777, 829, 891, 912
HB 583--Dawson County; commissioners of roads and revenues ----.------767, 777, 829, 891, 913
HB 584--Richmond County; sheriff, clerk, compensation.----------------.768, 777, 829, 890, 901, 913
HB 585--Augusta, City of; municipal court, amend.....----...-----.---768, 778, 829, 890, 916, 1027
HB 586--Richmond County; city court amend------------.768, 778, 830, 890, 913

INDEX

1195

HB 587--Richmond County; assistant solicitor-general.------------------------768, 778, 830, 890, 914
HB 588--Richmond County; city court, assistant solicitor.------.----------768, 778, 830, 890, 914
HB 589--Richmond County; solicitor general's compensation-----------------861, 873, 958, 972, 1041
HB 590--Richmond County;
superior court reporter.------------.------........ 861, 873, 958, 974, 1042 HB 591--Richmond County; coroner's fees..--------------.768, 778, 830, 890, 914 HB 592--Richmond County; city court, clerk------------..-768, 778, 830, 890, 915
HB 593--Richmond County; city court judge and solicitor.............__.._..._._....___..._.__. 768, 778, 830, 890, 915
HB 594--Claims Advisory Board; create..---........ 858, 873, 958, 971, 1086, 1130 HB 596--Fulton County; election precincts.------._----.--------_---- 769, 779, 830 HB 598--Turner County Development
Authority; prescribe purpose.-------------------768, 779, 830, 890, 915 HB 602--County School Boards;
consolidation of schools..----------------------_...--.727, 735, 788, 836, 1005 HB 603--Fulton County; teachers and board
of education, retirement---_..~___..~.~~._~__.----.811, 821, 885, 974, 1043 HB 604--Omaha, Town of; charter-...._._._..,.. ......_._..811, 821, 885, 974, 1043 HB 606--La Fayette, City of; eminent domain--....-...--811, 821, 885, 974, 1043 HB 607--Hall County;
commissioners of roads and revenues----------.811, 822, 885, 975, 1044 HB 608--Clayton County; Water
Authority, membership---.------..----__..._-- 811, 822, 886, 975, 1044 HB 609--Henry County; treasurer------------------------860, 873, 959, 975, 1044 HB 611--Glynn County; magistrate court, create----..... 811, 822, 886, 975, 1045 HB 613--Game and Fish Commission;
trapping of rabbits _----------..____...._,,----------_ 866, 880, 964, 1032 HB 614--Albany High School Stadium; create.----------811, 822, 886, 975, 1045 HB 615--Albany and Dougherty County;
acquire land--------------------..,,----------------812, 822, 886, 975, 1045 HB 616--Albany and Dougherty County;
merge school system.--...--..------.._--.----------.812, 822, 886, 975, 1046 HB 617--Albany and Dougherty County;
funds for board of education.----------....------. 814, 823, 886, 975, 1046 HB 618--Albany, City of; draining of lands..------------.814, 823, 886, 975, 1047 HB 619--Albany, City of; police department, bonds.--.. 814, 823, 887, 975, 1047 HB 620--Albany, City of; wards.----..__.._......_.._.----...814, 823, 887, 975, 1047 HB 621--Albany, City of; corporate limits--------....._--..814, 823, 887, 975, 1048
HB 622--Firearms, regulate sale -of----.. ----.------------_ 866, 880, 964, 971, 1083 HB 624--Fulton County;
civil court, judge emeritus...._----------.._--------.815, 823, 887, 975, 1048 HB 625--Stewart County; election of county officials... 814, 824, 887, 972, 1042 HB 628--Alapaha Judicial Circuit;
solicitor general, expenses.----...--....___...__.----.816, 824, 887, 975, 1048 HB 629--Brantley; commissioners' compensation------. 815, 824, 887, 969, 1049 HB 631--Alma, City of; amend charter.--.----------.----860, 873, 959, 974, 1049 HB 632--Traveling Salesmen; municipal tax.--.--..---- 866, 881, 959, 965, 1030 HB 633--Pooler, Town of; amend charter..--......... 856, 860, 874, 959, 969, 1049 HB 634--Henry County; commissioners,
amend act creating.----._--___----..___..--856, 860, 874, 959, 1033, 1052 HB 635--McDonough, Town of; corporate limits.. 856, 860, 874, 959, 969, 1050

1196

INDEX

HB 636--Income Tax; clarify trust exempted--------------.... 858, 959, 1031, 1084 HB 638--State Auditor's Report;
furnish to General Assembly__--------------858, 874, 959, 1031, 1099 HB 639--McDonough, City of; amend charter............ ...860, 874, 959, 969, 1050 HB 642--Forsyth County;
commissioners of roads and revenues------.... 860, 874, 960, 969, 1053 HB 643--Habersham County;
board of commissioners, compensation... 861, 875, 960, 969, 1050, 1131 HB 644--Habersham County; consolidate offices
of tax receiver and collector.----.----------.----.861, 875, 960, 1033 HB 646--Hall County; ordinances
to control traffic..----------.----------.861, 875, 960, 969, 1051, 1131 HB 647--Hall County;
authorize board to construct roads..--_------ 858, 875, 960, 970, 1053 HB 648--Hall County; sewers.--------......--------------858, 875, 960, 970, 1053 HB 649--Augusta, City of;
Civil Service Commission--..----------------------859, 875, 960, 1054 HB 650--Fund Raising; professional, regulate--.----......881, 929, 963, 1031, 1099 HB 652--Dooly County; tax commissioner's salary------.859, 876, 960, 970, 1054 HB 653--Jackson County; commissioner's salary.--.............868, 974, 1037, 1129 HB 654--Commerce, City of; amend charter.._...__.__......_..._.868, 974, 1052 HB 655--Hoschton, City of; amend charter....--...___-...--___ 868, 974, 1052 HB 656--Jackson County; surplus commodities
of U. S. Dept. of Agriculture-.--.._----.--------..868, 974, 1054, 1129 HB 657--State Parks; leasing
to public authorities----.--..,,----.._..------.....8B8, 876, 961, 1032, 1085 HB 659--Cobb County; Civil Service System.....------------._----.....859, 876, 961 HB 663--Brooks County commissioner's clerk-____.___------_....--.....--970, 1054 HB 664--Rossville, City of; levy ad valorem tax rate----------------_974, 1056 HB 665--Rossville, City of; limit ad valorem tax....__.----._.....--..-------974, 1057 HB 667--Bibb County; board of commissioners, amend.....--.......___ 857, 970, 1057 HB 668--Bibb County; civil court, create...--------------------.857, 970, 1057 HB 669--DeKalb County; Urban
Redevelopment Law; amend..--------------.857, 878, 966, 970, 1058 HB 673--Walton County; tax equalization program----.--------.857, 974, 1058 HB 674--Irwin County; abolish offices of
tax receiver and collector..----------_.------.867, 877, 965, 970, 1058 HB 675--Macon, City of; close certain property.....----.867, 877, 965, 970, 1059 HB 676--Sylvester, City of; amend charter----------..----867, 877, 965, 970, 1059 HB 677--Valdosta, City of; amend charter.--------..........867, 877, 965, 974, 1059 HB 678--Valdosta, City of; public schools...------..........867, 877, 965, 974, 1060 HB 679--Greene County Development Authority.----...... 867, 877, 965, 970, 1060 HB 680--Fulton County; solicitors general
and judge's retirement------.----....---- ..----861, 878, 961, 970, 1060 HB 681--DeKalb County; solicitor general
to appoint investigators __.._--___......._....._-...._. 867, 877, 966, 970, 1061 HB 682--Newton County; board of commissioners------------.856, 974, 1061 HB 683--DeKalb County; business licenses ___..._.__...... 861, 878, 961, 970, 1061

HOUSE RESOLUTIONS
HR 2--Notify Senate that House has convened..--.------------_----........--.68 HR 3--Notify Governor House and Senate have convened.--------------- 68, 70 HR 6--Joint Session; to canvass election returns..._--------------------68, 70 HR 7--Inauguration; committee to make plans......--..._.......__..--.------... 69, 70

INDEX

1197

HE 8--Joint Session; inauguration--_._--.--_--------._----....------__69, 71
HR 9--Joint Session; to elect legislative council----_--------------69, 71, 76 HR 13--Joint Session; to hear message from Governor-....----------------------97 HR 15--Bible; suspend sales tax----.._--------------179, 181, 193, 240, 241 HR 16--Sales Tax; personal property for
educational purposes, suspend ..,,...________178, 182, 193, 240, 242 HR 17--Motor Vehicles; separate class
from other tangible property.------.----------207, 209, 226, 240, 242 HR 18--Nicholson, W. H.; compensate--------------------337, 340, 374, 414, 424 HR 19--State Highway Board; create----------------172, 176, 184, 194, 201, 290 HR 20--Counties; merger of, provide for referendum... 207, 209, 226, 263, 266 HR 21--Governor's Commission to Improve Education;
create 179, 182, 193, 253, 255, 499, 869, 1021, 1022, 1030, 1070, 1128 HR 23--Athens, Open House; express appreciation for..._--._._...--.-156, 169 HR 24--Georgia Tech Officials; express appreciation to--------._________ 156, 169 HR 25--Institute for Legislators; express appreciation to..----------.--.156, 169 HR 26--Institute for Legislators; express appreciation for dinner--156, 169 HR 27--General Assembly Seal; provide for.------.._.....207, 210, 226, 240, 244 HR 28--Wainer Construction Company; compensate..--610, 626, 656, 681, 756 HR 29--King, Mrs. Christine P.; compensate...--------669, 675, 738, 790, 1006 HR 33--Lott, George W.; compensate.--__._----___._.337, 349, 374, 414, 424 HR 34--Richmond County; land conveyance.-------------------.588, 592, 681, 717 HR 35--Kennedy, Henry C.; compensate------------.--__611, 626, 656, 681, 757 HR 36--Howard, Mrs. John; compensate--------------337, 340, 374, 414, 425 HR 37--Jones, Tex; compenstate.------------.......----.....611, 627, 656, 681, 757 HR 39--West, W. L., ST.; compensate-.....--------..------.769, 779, 831, 971, 1007 HR 41--Dental College; allocate funds----------------------------.338, 340, 374 HR 42--Rockmart Development Authority; create.--.....362, 371, 413, 470, 547 HR 44--Duncan, Clark W. Highway; designate--.------.284, 354, 521, 527, 571 HR 45--Lane, Mrs. Mollie B.; compensate----.--------------. 462, 507, 681, 758 HR 46--Scarboro, Edsel; compensate .------------------.769, 779, 831, 970, 1008 HR 47--Hall County; furnish law books to..._----.----.290, 302, 350, 468, 491 HR 49--Bell, Mrs. Richard L.; compensate.....----------769, 779, 831, 970, 1009 HR 52--Smith, Mrs. Homer; compensate.--------__.___337, 340, 374, 414, 426 HR 53--Collins, Mrs. L. R.; compensate.------------------337, 340, 375, 414, 427 HR 57--Cherokee Indian Nation; develop for tourists 865, 881, 963, 1030, 1091 HR 58--Hart County Industrial
Building Authority; create--------...__._--------.362, 371, 413, 470, 549 HR 61--Suggs, Irvin David; compensate--------------------.462, 507, 681, 759 HR 62--Congress; request to continue R.O.T.C.----.------................------ 218, 219 HR 63--MH-30; Commissioner of Agriculture
conduct education program on ._.___--.---- _...__.._._..._.,,.._...__...__ 218, 219 HR 65--Powers, Hon. James E.; invited to address joint session..------.212, 213 HR 70--General Assembly; adjournment.--------.----------------....... 212, 213 HR 71--DeOvies, Dean Raimundo; express regrets at passing.------.... 218, 219 HR 73--Arnold, Hon. Luke S.; express regrets at passing ......__...___..__. 218, 219 HR 74--Massell, Hon. Benjamin Joseph; express regrets at passing------ 219 HR 75--Rogers, Dr. Wallace; express regrets at passing---_._._.----.......219 HR 76--Field, Hon. Robert E. Lee; express regrets at passing----..219, 220 HR 77--State Parks; cabins, repeal
resolution recommending discontinuance----.------.337, 341, 414, 448 HR 85--White County; board of education--------------361, 371, 413, 470, 554 HR 86--State Retirement Systems; invest funds in home loans.. 866, 881, 963 HR 87--Home Building Industry; create insuring agency---.--...866, 882, 963

1198

INDEX

HR 88--Congressional Delegation; urge to relieve problems in Federal Aid Agencies.--------------864, 876, 961
HR 90--Decatur County; furnish law books to.------.-- 290, 303, 350, 468, 491 HR 94--Rountree, Miss Sarah Lynn; compensate------------462, 507, 790, 1009 HR 95--Callihan, Luther; compensate.....----_--------769, 779, 831, 970, 1010
HR 96--Gordon County; furnish law books to.--..__._-724, 735, 788, 888, 1062 HR 97--Jackson, Hon. James E.; express regrets at passing.____.._--__..___..246 HR 98--Burton, Mrs. R. C.; express regrets at passing..------------------.----.246 HR 100--Hall County; grant easement..-------------.433, 439, 467, 525, 580 HR 102--Telfair County; officers ineligible to hold office 362, 372, 413, 470, 557 HR 104--Kimbrel, Hon. M. Monroe; invitation
to address joint session....-----------------------------..--------.258, 281 HR 105--Griffin, Emory E.; compensate-.----.------..611, 626, 656, 681, 759 HR 106--Hartley, Troy;
relieve as security on bond.------.--. .-- _.._..----.400, 406, 443, 470, 497 HR 107--Sanders, William L.
Post No. 4742; compensate----...-. 611, 626, 656, 675, 681, 760, 1091 HR 108--DeKalb County; transfer title.-- ..._..----. .432, 439, 467, 524, 580 HR 109--Fulton County; transfer title....--------------..-._----............669, 739, 835 HR 110--North, Mrs. Elizabeth; compensate ------.........769, 779, 831, 970, 1011 HR 111--Clayton County; regulate business
in unincorporated areas.. _----.------_------------361, 372, 413, 470, 559 HR 112--Clayton County; Civil Service System..----------361, 372, 413, 470, 561 HR 113--Clayton County; governing
authority to enact ordinances.-------------------361, 372, 413, 470, 563 HR 115--Jeff Davis County;
encourage industrial growth-...------..-- .----------372, 413, 470, 565 HR 116--Faulkner, Alien J., compensate ------.--...----..__..----..463, 507, 681, 761 HR 118--Cobb County; Civil Service Commission.------361, 372, 414, 470, 568 HR 120--President of United States;
surrender of sovereignty of States..----.766, 780, 832, 833, 971, 1100 HR 122--Justice, J. 0.; compensate------------------770, 779, 831, 970, 1012 HR 125--Moore, Lewis; compensate.----------------------864, 879, 962, 1031, 1108 HR 130--Laura Chapel Community; commend-..--------.----..--.--.--. 289, 354 HR 131--Southern Tech; urge Board
of Regents to construct dormitories-------------------.------ 290, 354
HR 132--Income Tax; ratify executive order certain depreciation------------------432, 439, 467, 470, 510
HR 133--Income Tax; ratify executive order certain subsistence-----------.--------432, 439, 467, 470, 511
HR 134--Fulton County-City of Atlanta Study Commission; extend time------------------611, 627, 656, 680, 698
HR 136--Rowland, J. H.; express regrets at passing------------------338, 355 HR 137--Constitution Revision Commission; create.----.611, 627, 656, 833, 944 HR 138--State Leased Properties
Study Committee; create----------------------725, 735, 788, 833, 944
HR 145--Haralson County; land conveyance..----------------866, 880, 964, 1064 HR 146--Oconee County; fire protection system..------.648, 652, 678, 833, 1105 HR 148--Cherokee County; land conveyance.--.._.------ 669, 675, 739, 834, 1096 HR 150--State and Local Governments;
emergencies, enemy attack.--------------------.669, 675, 739, 834, 1103 HR 151--Hodge, S. A., Sr. Bridge; designate---------.725, 735, 788, 835, 1092 HR 155--Patterson, Homer C.; compensate----------864, 879, 962, 1031, 1109 HR 156--Marietta Transport Company; compensate-. 865, 879, 962, 1032, 1109

INDEX

1199

HR 158--State Department of Public Health; write off uncollectible accounts ----... .-. 648, 652, 678, 834, 943
HR 159--Floyd and Barrow Counties; convey easement --770, 780, 831, 834, 946 HR 161--Burke County; board of education.--------------648, 652, 678, 834, 1101 HR 162--Smith, Hon. George T. and Mrs.; wish speedy recovery.--...____ 456, 514 HR 163--Dental Students; scholarships--------------766, 780, 832, 834, 946, 1028 HR 166--Hopkins, Alva P. Bridge; designate.--------816, 824, 887, 971, 1019 HR 167--Superior Courts; judges' traveling expenses ...770, 781, 832, 889, 975 HR 169--Adams, Calubus E.; compensate------------------770, 780, 831, 970, 1013 HR 170--Okefenokee Swamp; construct bridge across--.--.----... ._ ---- 518, 596 HR 171--Flint River Complex; urge construction of five dams . ....... 518, 596 HR 173--Bailey, J. T.; compensate..------___...--._...--_-.-770, 780, 831, 970, 1013 HR 176--Joint Session; to hear Governor--_-----_--.,,----._.--......._.....--..--..588, 596 HR 177--Georgia Mental Health Center; designate
"S. Ernest Vandiver Mental Health Center"............ .770, 780, 831, 889 HR 180--Two-Price Cotton System; urge President of
United States to take steps---------.--------..--............-........ .. 586, 597 HR 181--Swint, Mrs. H. S.; compensate.--------...... .....865, 879, 962, 1032, 1110 HR 185--Forward Georgia Commission; create ..----..858, 876, 961, 1031, 1085 HR 186--Norquist, Robert L.; compensate---------. -.-770, 781, 832, 970, 1014 HR 187--Floyd County; land conveyance..................770, 781, 832, 889, 971, 1001 HR 188--Tobacco; tagging of when treated
by HM-30, oppose move--.------------.------..--.......---..-- -... 612, 633 HR 189--Bostick, George H.; commend-------------------.--------. ... 612, 633 HR 190--Bowles and Tillinghast, Inc.; compensate--770, 781, 832, 971, 1015 HR 191--Jekyll Island; place marker
in honor of Hon. M. E. Thompson.................. 882, 929, 964, 1076, 1130 HR 192--Callenback. Ralph R.; compensate.--..--------865, 879, 963, 1031, 1111 HR 196--Forsyth, Dan W.; compensate--......................865, 879, 963, 1032, 1112 HR 197--Cobb County; business licenses----- .... __.__--._.__-------- 815, 824, 888 HR 205--Pierce County; furnish law books to...------.815, 825, 888, 972, 1062 HR 212--Valdosta State College; commemorate 50th anniversary--.----. 670, 719 HR 214--Pennington, Hon. Robert F.; regrets at passing----...--._..__.----.670, 719 HR 215--Gordon County; land conveyance ._.......-- ...-- 865, 882, 964, 971, 1092 HR 216--Hanna, George R.; compensate.--------. ----865, 880, 963, 1031, 1113 HR 218--Strickland, Gabriel; compensate-.---- ...863, 876, 961, 1032, 1114 HR 319--DeKalb County; Citizens Commission,
to study justice------.___---..--------------.859, 876, 961, 970, 1062, 1125 HR 228--Georgia Tech Basketball Team; commend-----.------------. 769, 837 HR 230--Hubbard, Dr. C. S.; express regrets at passing----........----.--.769, 844 HR 233--Ryder Cup Golf Matches Week; designate....--____------ -------- 769, 837 HR 234--DeKalb County; commission to
study public safety------------------------861, 878, 962, 970, 1063, 1130 HR 240--Elijah Clark Grave; urge Budget
Bureau to repair ----_----------------..._....----.........864, 923, 1030, 1096 HR 243--George, Hon. Roy M.; express regrets at passing..----________ 817, 837 HR 247--Policemen; capitol area, commend.----------------------_------864, 923 HR 251--World's Fair; relating to in Atlanta.----_.----..------------.. 864, 923 HR 258--State Highway Department; use domestic
materials for road repairing--_----------.----.-.----------------968, 1023 HR 276--American Legion; congratulate on 44th anniversary --1116, 1119, 1121 HR 283--Dexter High School Girls Basketball Team; commend ------ .1121, 1125 HR 287--Sweet Potato Association of Georgia; commend------------1116, 1121 HR 292--General Assembly; adjournment --._..__--.__--_--......--------1121, 1132