Journal of the Senate of the State of Georgia regular session, commenced at Atlanta, Georgia, Monday, January 13, 1964 and adjourned February 21, 1964

JOURNAL
OP THE
SENATE
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 13th, 1964 and adjourned February 21, 1964
1964 LONGING & POETER, INC.
HAPEVILLE, GA.

OFFICERS
OF THE
STATE SENATE
1964-1965
PETER ZACK GEER_____________________________._.____Lieutenant Governor
MILLER COUNTY
HARRY C. JACKSON______________President Pro Tern
MUSCOGEE COUNTY
GEORGE D. STEWART__________________Secretary
FULTON COUNTY
LOUISE LEAVELL.-----________.--._----_________.__-__Legislative Assistant
DeKALB COUNTY
REBECCA CAUSEY----__.________...____..___Journal Clerk
DOUGLAS COUNTY
ANN DUNCAN._._____._______.____..-._.._Calendar Clerk
FULTON COUNTY
HENRY CASTLEMAN.___________._._____.__Doorkeeper
FULTON COUNTY
PRESTON B. LEWIS, JR. _____________________.___Messeng;er
BURKE COUNTY
ANN WEBB ,,_,,______.._____ .____..._.._..__._______._....._....._____,,.,,_Message Clerk
FULTON COUNTY

SENATE JOURNAL
Senate Chamber, Atlanta, Georgia, Monday, January 13, 1964.
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 Rev. Billy Key, pastor, Methodist Church, Waynesboro, Georgia.
Prayer was offered by Rev. Frank Coyle, pastor, Montgomery Memorial Church, Gainesville, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Senator Gordy of the 15th reported that the journal of the proceedings of Friday, March 15, 1963 had been examined and found correct.
By unanimous consent the reading of the journal was dispensed with, and the journal was confirmed.
Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business of the day:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.
The consent was granted.

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JOURNAL OF THE SENATE,

The following communication from Honorable Ben W. Fortson, Jr., Secretary of State, was read by the secretary:

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

January 13, 1964

Honorable Peter Zack Geer President of the Senate State Capitol . Atlanta, Georgia
Dear Sir:
I hereby certify that the consolidated return on file in this office of the Special Election held on October 23, 1963 in the Fifty-fourth Sena torial District for the purpose of filling the vacancy in the office of Sena tor from said District shows the following results:

FIFTY-FOURTH SENATORIAL DISTRICT (Catoosa, Murray and Whitfield Counties)
R. S. Thomas--Received 236 votes--(Catoosa County)
--Received 532 votes--(Murray County)
--Received 2537 votes--(Whitfield County)

'

Given under my hand and seal of office on this the 13th day of Janu ary, 1964.

(SEAL).

/a/ BEN W. FORTSON, JR. Secretary of State

SECRETARY OF STATE Ben W. Fortson, Jr. Atlanta 3, Georgia
October 25, 1963
Honorable Peter Zack Geer President of the Senate State Capitol Atlanta, Georgia
Dear Sir:
I hereby certify that the consolidated returns on file in this office of Special Election held on the 23rd day of October, 1963, in the Fifty-fourth

MONDAY, JANUARY 13, 1964

7

Senatorial District, for the purpose of electing a Senator to the General Assembly shows the following result:
CATOOSA COUNTY---------__~R. S. THOMAS-.----------- 236 votes CATOOSA COUNTY..__.-.------James H. Phillips--___---- 395 votes MURRAY COUNTY-.------------.R. S. THOMAS-.__..__.... 532 votes MURRAY COUNTY--_-------- James H. Phillips-.________ 478 votes WHITFIELD COUNTY----...........E. S. THOMAS-__.____2537 votes WHITFIELD COUNTY----______ James H. Phillips._____...1893 votes
Given under my hand and seal of office on this the 25th day of Octo ber, 1963.
/s/ BEN W. FORTSON, JR. Secretary of State

Senator-elect R. S. Thomas of the 54th District presented himself at the ros trum where he received the oath of office, administered by Honorable Charles A. Pannell, judge Court of Appeals of Georgia.

The following communication from His Excellency, Governor Carl E. Sanders, was read by the secretary:

STATE OF GEORGIA Executive Department
Atlanta
Lieutenant Governor Peter Zack Geer President of the Senate State Capitol Atlanta, Georgia

January 13, 1963

Dear Lieutenant Governor Geer:

Pursuant to Rule 198 of the Rules of the Senate, as amended, this is to certify that Honorable Julian Webb, Senator from the llth District of Georgia, has been duly appointed by me as Assistant Administration Floor Leader of the Senate.

With kindest regards, I am

Sincerely,

CES/ag

/s/ Carl E. Sanders Governor

cc: Honorable George D. Stewart Honorable Frank Edwards

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JOURNAL OF THE SENATE,

The following communication from His Excellency, Governor Carl E. Sanders, was read by the secretary:

STATE OF GEORGIA Executive Department
Atlanta
January 13, 1964
Honorable Peter Zack Geer President of the Senate
Honorable George T. Smith Speaker of the House
State Capitol Atlanta, Georgia
Gentlemen:
In compliance with Article V, Section I, Paragraph XI of the Consti tution of the State of Georgia, I respectfully submit herewith to your Honorable Body criminal cases in which the death sentence was suspended by me:
State of Georgia v. Ollie Chandler: convicted of Murder in Lowndes County, Georgia, and sentenced to death by electrocution on July 26, 1963; sentence stayed for a period of thirty days on July 25, 1963, in order to permit an Executive Sanity Commission to examine Chandler and determine his sanity.
State of Georgia v. J. W. Pugh: convicted of Murder in DeKalb County, Georgia, and sentenced to death by electrocution on August 22, 1963; sentence stayed for a period of sixty days in order to enable the State Board of Pardons and Paroles to have sufficient time within which to hear and pass upon said case.
State of Georgia v. Herman Edward Peppers: convicted of Murder in Fulton County, Georgia, and sentenced to death by electrocution on Octo ber 11, 1963; sentence stayed for a period of thirty days in order to en able his attorneys sufficient time within which to prepare petition for writ of habeas corpus in the United States District Court for the North ern District of Georgia, Atlanta Division.
State of Georgia v. Donald Ledford: convicted of Murder in Towns County, Georgia, and sentenced to death by electrocution on November 1, 1963; sentence stayed for a period of sixty days in order to enable the State Board of Pardons and Paroles to have sufficient time within which to hear and pass upon said case.
State of Georgia v. J. W. Pugh: convicted of Murder in DeKalb County, Georgia, and sentenced to death by electrocution on November 25,

MONDAY, JANUARY 13, 1964

9

1963; sentence stayed for a period of thirty days. This stay was granted because the date set for electrocution was declared by the Governor as a day of national mourning in memory of the late President John Fitz gerald Kennedy.

With kindest personal regards to each of you, I am

Sincerely,

Is/ Carl E. Sanders Governor

CES/ag

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 295. By Messrs. Smith of Grady, Bolton of Spalding, and others: A resolution to notify the Senate that the House has convened and is ready for the transaction of business; and for other purposes.
HR 296. By Messrs. Smith of Grady, Bolton of Spalding, and others: A resolution to notify the Governor that the General Assembly has con vened and is ready for the transaction of business; and for other pur poses.
Under the provisions of HR 296, the Speaker appointed the following as a committee on the part of the House: Abney of Walker Carr of Washington Davis of Heard Etheridge of Fulton Hull of Richmond
Laite of Bibb Mullis of Bleckley

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JOURNAL OF THE SENATE,

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has adopted the following resolutions of the House to-wit:

HR 299. By Messrs. Smith of Grady and Bolton of Spalding:
A resolution calling a joint session for the purpose of hearing a message from the Governor; and for other purposes.

HR 300. By Messrs. Smith of Grady and Bolton of Spalding:
A resolution calling a joint session for the purpose of hearing Dr. Billy Graham; and for other purposes.

HR 301. By Messrs. Smith of Grady and Bolton of Spalding:
A resolution providing for the election of the State Auditor; and for other purposes.

The following bills were read the second time:

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.

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 ofifce; and for other purposes.

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 pro vide criminal penalties; and for other purposes.

The following resolutions were read and adopted:

SR 132. By Senators Carlton of the 21st, Jackson.of the 16th and Webb of the llth:
A resolution notifying the House that the Senate has convened; and for other purposes.

MONDAY, JANUARY 13, 1964

11

SR 133. By Senator Carlton of the 21st: A resolution adopting the Rules of the Senate; and for other purposes.

SR 134. By Senators Carlton of the 21st, Jackson of the 16th and Webb of the llth:
A resolution relating to officials, attaches and employees of the Senate; and for other purposes.

SR 135. By Senators Carlton of the 21st, Jackson of the 16th and Webb of the llth:
A RESOLUTION
Commending Honorable Charles A. Pannell; and for other purposes.
WHEREAS, Honorable Charles A. Pannell, a member of the Senate from the 54th District during the 1963 session, resigned to accept an appointment as Judge of the Court of Appeals of Georgia; and
WHEREAS, he was born June 19, 1911 in Murray County, attended Young Harris College, Mercer University, and received his Law Degree in 1937 from the University of Georgia Law School; and
WHEREAS, he is a Methodist, a Democrat, a member of Sigma Delta Kappa, a member of the Gridiron Club, a Mason, has served as President of the Chatsworth Lions Club, has served as Mayor of Eton, has served as City Attorney for Chatsworth, and has served as County Attorney for Murray County; and
WHEREAS, he was a member of the State Board of Pardons and Paroles, a member of the Democratic Executive Committee of Georgia, and served with distinction both in the House of Representatives and the Senate; and
WHEREAS, he is married to the former Ruth Ann Loughridge, and they are the proud parents of three fine sons; and
WHEREAS, "Charlie", as he is affectionately known, was one of the most respected and admired members of the General Assembly and was always available to lend his advice and counsel to the members of this Body, particularly going out of his way to assist newcomers to the Legis lative Halls; and
WHEREAS, his steadying hand, kindness, helpfulness and counsel will be sorely missed in the deliberations of this Body;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this Body do hereby

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JOURNAL OF THE SENATE,

express their sincerest appreciation to Honorable Charles A. Pannell for his many acts of kindness and thoughtfulness to the members hereof, and, although his presence will be missed, the heartiest congratulations are extended to him in his new position as Judge of the Court of Appeals of Georgia.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this Resolution to Honorable Charles A. Pannell.

SR 136. By Senators Carlton of the 21st, Jackson of the 16th and Webb of the llth:
A RESOLUTION
Expressing regrets at the passing of Honorable B. E. Thrasher, Jr., and for other purposes.
WHEREAS, Honorable B. E. Thrasher, Jr., State Auditor, passed away on January 8, 1964; and
WHEREAS, he rendered thirty-seven years of outstanding service to the State of Georgia, all of which service was performed in the State Department of Audits; and
WHEREAS, he began his work with the State in 1927 as an Exam iner, became Assistant State Auditor in 1938, and State Auditor in 1941; and
WHEREAS, he was the one person primarily responsible for the beautiful new State Office Building's which now surround the Capitol Building and which are necessary in order to carry on the increased business of State Government; and
WHEREAS, his vast knowledge of the financial and everyday opera tions of the State Government enabled him to act as a consultant to all department heads, and he gave freely of his time and advice to the vari ous agencies of the State in order that such agencies might be more effi ciently operated; and
WHEREAS, he was always mindful of the people's interests in deal ing with the State's finances, and rightfully earned the reputation of being the "watchdog" of public funds; and
WHEREAS, he always faithfully, efficiently and considerately per formed the duties of his office and his presence at the State Capitol will be sorely missed;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this Body hereby ex-

MONDAY, JANUARY 13, 1964

IS

press their profound regrets at the passing of Honorable B. E. Thrasher, Jr., and deepest sympathy is hereby extended to the members of his family.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this Resolution to the family of Honorable B. E. Thrasher, Jr.

SR 137. By Senators Spinks of the 9th, Hunt of the 26th and others:
A resolution extending best wishes for a speedy recovery for Honorable Roy Noble; and for other purposes.

SR 138. By Senator Webb of the llth:
A resolution providing for a joint session of the Senate and the House for the purpose of hearing an address by Dr. Edward R. Annis, Presi dent of the American Medical Association; and for other purposes.

HR 296. By Messrs. Smith of Grady, Bolton of Spalding and others:
A resolution to notify the Governor that the General Assembly has convened and is ready for the transaction of business; and for other purposes.

The president appointed as a committee on the part of the Senate the following:
Senators Fuqua of the 22nd, Knox of the 34th, Webb of the llth, Oliver of the 4th, Miller of the 50th, Broun of the 46th and McKinnon of the 7th.

HR 299. By Messrs. Smith of Grady and Bolton of Spalding:
A resolution calling a joint session for the purpose 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 Gaynor of the 5th, McKinnon of the 7th, Spinks of the 9th, Gillis of the 20th, Zorn of the 6th, Johnson of the 38th and Carlton of the 21st.

HR 300. By Messrs. Smith of Grady and Bolton of Spalding:
A resolution calling a joint session for the purpose of hearing Dr. Billy Graham; and for other purposes.

14

JOURNAL OF THE SENATE,

The president appointed as a committee of escort on the part of the Senate the following:
Senators Brown of the 34th, Webb of the llth, Maclntyre of the 40th, Down ing of the 1st, Knox of the 24th, Yancey of the 33rd and Jackson of the 16th.

HR 301. By Messrs. Smith of Grady and Bolton of Spalding:
A resolution providing for the election of the State Auditor; and for other purposes.

Senator Carlton of the 21st asked unanimous consent that the following bills, appearing on the calendar on the closing day of the 1963 session, be recommitted:

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 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 February 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.

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 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 certain notice be made by public utilities designating the location of facilities in such public way; to provide for penalty for violation of this act; and for other purposes.

MONDAY, JANUARY 13, 1964

15

HB 340. By Messrs. Hill of Meriwether, Sinclair of Macon, Brown of Hart and others:
A bill to create an Area Redevelopment Finance Administrator; to provide for a short title; and for other purposes.

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 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 Pish Commission relating to agreements between Georgia and bordering states for taking water fowl on waters forming part of or abutting on Georgia; 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.

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 Center" located on Briarcliff Road in DeKalb County, as the "S. Ernest Vandiver Mental Health Center"; and for other purposes.

The consent was granted.

Senator Carlton of the 21st 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.

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JOURNAL OP THE SENATE,

Senate Chamber, Atlanta, Georgia. Tuesday, January 14, 1964.

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 James E. Waters, pastor, Marble White Baptist Church, Macon, Georgia.

Prayer was offered by Reverend Alien T. Newby, pastor, Lakewood Heights Methodist 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 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 Carlton of the 21st asked unanimous consent that the following be established as the order of business of the day:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

The consent was granted.
The following message was received from the House through Mr. Ellard the Clerk thereof: Mr. President:
The House has adopted by the requisite constitutional majority the following resolutions of the House to-wit:

TUESDAY, JANUARY 14, 1964

17

HR 309. By Messrs. Smith of Grady and Bolton of Spalding:
A resolution expressing appreciation to the officials of the Georgia Institute of Technology; and for other purposes.

HR 310. By Messrs. Smith of Grady and Bolton of Spalding:
A resolution expressing appreciation for the open house at Athens, Georgia; and for other purposes.

HR 315. By Messrs. Smith of Grady and Bolton of Spalding: A resolution commending Miss Beverly Bell; and for other purposes.

HR 316. By Messrs. McClelland, Brooks and Etheridge of Pulton: A resolution in memorium of the Honorable John Carter Savage.

HR 317. By Messrs. Groover, House and Laite of Bibb, Mullis of Bleckley and others:
A resolution calling a joint session of the House and Senate for the purpose of hearing an address by Major General Earl C. Hedlund; and for other purposes.

The following resolutions were read and adopted:

SR 140. By Senator Carlton of the 21st:
A resolution changing the rules of the Senate to provide that the As sistant Administration Floor Leader appointed by the Governor shall be an ex officio member of the Committee on Appropriations and the Com mittee on Educational Matters, and shall have a vote and the same privi leges on each of said committees the same as any other member of said committees; and for other purposes.

HR 309. By Messrs. Smith of Grady and Bolton of Spalding:
A resolution expressing appreciation to the officials of the Georgia Institute of Technology; and for other purposes.

HR 310. By Messrs. Smith of Grady and Bolton of Spalding:
A resolution expressing appreciation for the open house at Athens, Georgia; and for other purposes.

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JOURNAL OP THE SENATE,

HR 315. By Messrs. Smith of Grady and Bolton of Spalding: A resolution commending Miss Beverly Bell; and for other purposes.

HR 316. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A resolution in memorium of the Honorable John Carter Savage; and for other purposes.

HR 317. By Messrs. Groover, House and Laite of Bibb, Mullis of Bleckley and others:
A resolution calling a joint session of the House and Senate for the purpose of hearing an address by Major General Earl C. Hudlund; and for other purposes.

The following bills and resolutions were introduced, read the first time and referred to committees:
SB 175. By Senator Webb of the llth: A bill to amend an act known as the "Hospital Authorities Law", so as to extend the period of time for which revenue certificates may be issued by hospital authorities; and for other purposes.
Referred to Committee on Rules.
SB 176. By Senators Carlton of the 21st and Webb of the llth: A bill to require that all construction of public works contracts entered into by the various agencies of the State Government shall be conducted and negotiated by the Supervisor of Purchases; and for other purposes.
Referred to Committee on Rules.
SB 177. By Senators Brown of the 34th, Coggin of the 35th, Wesberry of the 37th, Salome of the 36th, Johnson of the 38th, Brewer of the 39th, and Maclntyre of the 40th: A bill to amend Code Section 26-4101, defining the offense of bribery, so as to redefine the offense of bribery; and for other purposes.
Referred to Committee on Judiciary.
SR 139. By Senators Carlton of the 21st, and Webb of the llth: A resolution confirming the appointment of Mrs. A. W. Bramblett, Sr. as Poet Laureate of the State of Georgia; and for other purposes.
Referred to Committee on Rules.

TUESDAY, JANUARY 14, 1964

19

The hour of convening the joint session of the Senate and House, under the provisions of HR 301, 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 Dr. Billy Graham, was called to order by the president of the Senate.

Dr. Graham, accompanied by Governor Carl E. Sanders, the committee of escort, and other distinguished guests, appeared upon the floor of the House.
Governor Sanders introduced Dr. Graham, who addressed the General Assembly.

Speaker of the House George T. Smith addressed the General Assembly with the following remarks:
"Dr. Graham, I am sure after hearing you on two different occasions today, all of us are now aware of why you have such a tremendous influence upon people worldwise.
Now, on behalf of Governor Sanders and the other state officials here, and on behalf of the people of this state, I want to sincerely thank you for coming here today, and for the message you gave us concerning the need for a moral re-awakening in America.
I am certain that every person within the sound of my voice has been deeply moved, and spiritually inspired, and that each and every one of us will try to live just a little closer to God.
In appreciation of what you have done in the past and what your presence means to a community, Thank you, from the bottom of our hearts."

The following joint resolution of the House and Senate was read and adopted:

JR 2. By Senator Carlton of the 21st, Messrs. Smith of Grady and Bolton of Spalding:
A resolution endorsing a Dr. Billy Graham Crusade in Atlanta; and for other purposes.

Senator Carlton of the 21st moved that the joint session be now dissolved, and the motion prevailed.

The president of the Senate announced the joint session dissolved.

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JOURNAL OF THE SENATE,

The senators returned to the senate chamber and the Senate was called to order by the president for the regular transaction of business.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has elected Honorable Ernest B. Davis as State Auditor subject to the confirmation of his election by the Senate.

Senator Carlton of the 21st moved that the Senate resolve itself into executive session.

The motion prevailed and the Senate went into executive session.

The following communication was dispatched to His Excellency, the Gov ernor, through George D. Stewart, secretary of the Senate:

January 14, 1963.

Honorable Carl E. Sanders, Governor, Executive Department, State Capitol, Atlanta, Georgia.

Dear Governor:

Under the rules governing Executive Sessions, I have the honor to report to you that the election of Honorable Ernest B. Davis as State Auditor has been confirmed by the Senate.
Respectfully yours,

GDS-rc

George D. Stewart, Secretary of the Senate.

The executive session was dissolved and the Senate resumed the regular order of business.

Senator Carlton of the 21st moved that the Senate do now adjourn, and the motion prevailed.
The president announced the Senate adjourned until 10:30 o'clock tomorrow morning.

WEDNESDAY, JANUARY 15, 1964

21

Senate Chamber, Atlanta, Georgia, Wednesday, January 15, 1964.

The Senate met pursuant to adjournment at 10:30 o'clock this morning, and was called to order by the president.

Scripture reading and prayer were offered by the Reverend John Hayes, pastor First Presbyterian Church, McDonough, 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

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

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 Carlton of the 21st 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.

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JOURNAL OP 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.

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 bill of the Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SB 125. Do pass as amended. Respectfully submitted, Spinks of 9th District, Secretary.

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

SB 178. By Senator Zorn of the 6th:
A bill to amend Code Section 10-301 relating to the time for filing exceptions to reports of auditors and to the content of such exceptions, so as to provide for the manner of having the time for filing such exceptions extended; and for other purposes.
Referred to Committee on Judiciary.

SB 179. By Senator Zorn of the 6th:
A bill to amend Code Chapter 56-24 relating to the general provisions applicable to insurance contracts, so as to provide that no policy of insurance in which the interests of a lien holder are protected by a loss payable clause shall be cancelled by the insurer, so as to destroy the security of the lien holder unless a notice of the cancellation of said policy shall be forwarded to the lien holder; to provide the pro cedure connected therewith; and for other purposes.
Referred to Committee on Rules.

WEDNESDAY, JANUARY 15, 1964

23

SB 180. By Senators Carlton of the 21st, Jackson of the 16th, Webb of the llth, Kendrick of the 32nd, Puqua of the 22nd, Pennington of the 45th, Hall of the 52nd, and Carter of the 14th:
A bill to establish a new minimum foundation program for education of Georgia's children and youth and a "Minimum Foundation Program Fund" for support of such program so as to equalize educational opportunities in the public schools throughout the State; and for other purposes.
Referred to Committee on Educational Matters.

SR 141. By Senator Holloway of the 12th:
A resolution proposing an amendment to the Constitution providing for the classification of inventories for ad valorem tax purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Rules.

The following bills and resolutions were read the second time:
SB 175. By Senator Webb of the llth: A bill to amend an act known as the "Hospital Authorities Law", so as to extend the period of time for which revenue certificates may be issued by hospital authorities; and for other purposes.

SB 176. By Senators Carlton of the 21st and Webb of the llth:
A bill to require that all construction of public wosks contracts entered into by the various agencies of the State Government shall be con ducted and negotiated by the Supervisor of Purchases; and for other purposes.

SB 177. By Senators Brown of the 34th, Coggin of the 35th, Wesberry of the 37th, Salome of the 36th, Johnson of the 38th, Brewer of the 39th, and Maclntyre of the 40th:
A bill to amend Code Section 26-4101, defining the offense of bribery, so as to redefine the offense of bribery; and for other purposes.

SR 139. By Senators Carlton of the 21st, and Webb of the llth: A resolution confirming the appointment of Mrs. A. W. Bramblett, Sr. as Poet Laureate of the State of Georgia; and for other purposes.
The following local, uncontested bill, favorably reported by the committee, was read the third time, and put upon its passage:

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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; to provide for dividing the county into Commis sioners' Districts; to provide for a Department of Finance; to provide for a referendum and the permissive use of voting machines; to repeal conflicting laws; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend SB 125 (1) By striking from the title thereof the follow ing words:
"to provide for an Executive Assistant to the Commissioner and to define his qualifications, compensation and duties,"
(2) By inserting in Section 14 between the words "officers" and "Such" the following:
"and employees under their supervision and control", so that when so amended Section 14 shall read as follows:
"Section 14. Appointment of County officials and employees. Subject to the qualifications and limitations set out in this Act, the Chairman shall have the exclusive power and authority to appoint, remove, and fix the compensation of, within budgetary provisions and in accordance with civil service and merit system laws of Cobb County which may now be in force or subsequently adopted, all employees and officials of the County, except as to: (a) Boards or positions created by State statute, and (b) elected officers and employees under their supervision and control. Such appointments and/or removal shall be subject to approval by the Commission in the case of the Comptroller and the County At torney. The fixing of compensation shall in every case be sub ject to approval by the Commission."
(3) By striking in its entirety Section 16.
(4) By striking from Section 25 the words and symbols "Section 26" and substituting in lieu thereof the words and symbols "Section 25", so that when so amended Section 25 shall read as follows:
"Section 25. Effective date. This Act, when approved and ratified by the voters of Cobb County in the referendum provided for in Section 25 of this Act, shall become effective on and after January 1, 1965, except that the provisions herein contained author izing election in 1964 of officers whose terms commence on January 1, 1965, shall become effective upon approval of this Act in said referendum."

WEDNESDAY, JANUARY 15, 1964

25

(5) By striking from Section 26 the words and symbols "Section 25" and substituting in lieu thereof the words and symbols "Section 24" and by striking the words and symbols "Saturday in October, 1963" and substituting in lieu thereof the words and symbols "Wednesday in April, 1964."

(6) By renumbering Sections 17 through 29 as Sections 16 through 28, respectively.

On the adoption of the amendment, the ayes were 28, nays 0, and the amendment was adopted.

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

On the passage of the bill, the ayes were 28, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
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 resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate as correct and ready for transmission to the House of Representatives:
SR 135. SR 136. SR 138.
Respectfully submitted, Pelham of the 10th District, Chairman.

The hour for convening the joint session of the Senate and House having arrived, the president, accompanied by the secretary and the senators, proceeded to the hall of the House of Representatives, and the joint session, called for the purpose of hearing a State of the State address by His Excellency, the Governor, was called to order by the president of the Senate.

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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, DISTINGUISHED MEMBERS OP THE SENATE AND OP THE HOUSE OP REPRE SENTATIVES, HONORED GUESTS, MY FELLOW GEORGIANS:
It is with humility and a deep sense of pride that I come before this delibera tive body today, knowing that you constitute the chosen leadership of a modern people, in a modern State, during a modern time.
I am especially pleased to be with you, for I believe, indeed, I know, that when the record of accomplishment is written, it will show that this membership comprises the best and the most productive General Assembly in the history of our grand old State.
Your performance in behalf of the people of Georgia last year, during the first Session of the 1963-64 General Assembly, was historic.
The people benefited, because of your work.
The State progressed, because of your dedication.
The public trust in elected officials reached a new high, because of your integrity.
Let me tell you here and now that, as Governor, I am proud of this Legis lature, of every man here, and I consider myself honored for the privilege of association with you both collectively and individually.
As we begin the new year, this General Assembly and the Administration, can take pride in the solid gains and accomplishments of the State during the calendar year 1963.
During that year--
We saw employment at an all-time high.
We saw farm production set unparalleled records for income.
We saw education, the University System, highways, family and children services, the Youth Division, public and mental health, and other State services move to the highest levels of efficiency and productivity in history.

WEDNESDAY, JANUARY 15, 1964

27

Industrialization spurred the economy throughout the State.

We also made a beginning toward achieving major reform in our penal system.

All of this is to say that, despite the gravity of the problems we face today, our accomplishments have been significant and impressive.

Every body of statistics indicates that we are living in a Georgia that is growing--a Georgia on the move.

The State of the State has never been better!

Yes, it was a good year for Georgia and her citizens. We moved ahead, but we cannot be content with the victories of last year, for our direction is to the future rather than the past.

One year ago, in this same Chamber and before this same General Assembly, I proposed a budget of nearly a billion dollars for the biennium. You accepted and approved that budget, and you did so in the face of some suggestions that the budget was unreasonable and unrealistic.

Well, my friends, you and I are here today to say to the world and the citizens of our State that we were right. Our State has prospered and even surpassed what anyone thought she could do.

Indeed, our future has never been so bright as today.

But we must not be satisfied with the comforts of a fleeting moment, or the victory of balancing the Budget, for the winds of change are sweeping those states which surround us, and with which our people must compete for jobs and economic security.

We are meeting today in what may well be the most critical session of the General Assembly in this century.
Our greatest need, in my judgment, and I believe in yours, falls within the broad spectrum of education.
It is in this field that Georgia stands to gain the most.
Therefore, it is in this field that Georgia must be prepared to give the most.
A little over eighteen months ago, I addressed myself to the people of Georgia and asked that they entrust me with the responsibility of leadership of this State, and I proposed a solemn declaration of principles which would be pursued in the Sanders Administration.
You and I, together with all forward-looking Georgians pledged ourselves to a plan of improvement for education at all levels.

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It was at our Session last year, and our first meeting together, that we recognized and took initial action to fulfill this obligation by creating the Commission to Improve Education.

And now we come together to assume the responsibility that is ours.

It is a solemn responsibility--

Responsibility to the children--all Georgia children.

Responsibility to the teachers of Georgia.

Responsibility to improve the economy of our State.

Responsibility to bring Georgia to her full stature.

Ask any parent--

Ask any citizen--

Ask yourself--

What specifically does this entail?

We all know that

. . . talented children are leaving the classrooms for lack of challenge.

. . . dedicated teachers are leaving the profession because of inadequate pay.

. . . classrooms are both empty and overcrowded at the same time, depending on where they are located.

. . . our curricula have not developed in pace with the technological advances of the Space Age.

... in short, we have been trying to prepare children for the future on the basis of a school system grounded in the past.

What must be done?

To men of conscience, which I know you are, there can be only one answer.

We must enact and implement a new Master Plan for Education in Georgia.

As you know, I spoke to the people of our State last week by television and radio, outlining the program and listing the proposals which I recommend to you today. The principal function of this program is to strengthen our schools and colleges so that

WEDNESDAY, JANUARY 15, 1964

29

first, for every education dollar spent we will receive a dollar's value . .

and second, public education in Georgia at all levels is quality education for all Georgians.

You will recall that when we met here this time last year we talked ex tensively about inadequate local financial support and its harmful effect on the entire educational system.

Georgia is in the contradictory position of being sixth from the top in State financial support, and seventh from the bottom in local support for education-- all of which means, to put it in blunt terms, that a number of our school systems have been operating almost solely on State funds.

It is clear, therefore, that there can be no solution to Georgia's educational problems until this basic defect in our system is corrected.

This is the place we must start. Until we act here, we will be wasting our time talking about anything else.

Last January I stated that I was unwilling to request that further amounts of money be pumped into the present antiquated educational formula, until you and I were afforded the opportunity to have a closer look at how funds are being spent.

Through the Commission to Improve Education, and the Commission for Efficiency and Improvement in Government, we have had that look, and it is as a result of the proposals of these Commissions that I am today submitting to you a legislative program of corrective action.

In its broad outline, this program will:

(1) assure uniform minimum standards for all public schools in Georgia;

(2) establish an equalized tax digest for education, in place of the old eco nomic index formula for determining the amount of State educational funds to be distributed to local systems;

(3) establish a realistic teacher salary schedule, based upon current economic conditions, merit and tenure, and the allotment of one teacher for every twentyfive pupils in high schools, and one to every twenty-eight in elementary schools;

(4) allot school construction funds on the basis of need and where the chil dren are;
(5) remove the 20-mill limitation on local school taxes, only when counties cannot, and to the extent necessary, for counties to produce their fair share of the required State matching funds;

(6) authorize counties to increase their local school bonding capacity from seven to ten per cent, so that they can build schools when needed, and at more favorable interest rates;

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(7) require a pre-audit of educational programs and a system of competitive bidding on school supplies and equipment;

(8) allow State money to follow the child, and approve school system con solidations without the loss of State funds;

(9) provide better cost accounting on school transportation and establish ment of uniform standards;

(10) authorize the State Board to extend the school year, and to participate in summer programs, making available the use of our school facilities on a yearround basis;

(11) provide for the continued operation of isolated schools, thus assuring an education for children in remote areas which cannot normally provide suffi cient funds to meet minimum standard requirements;

(12) statutorily require that local systems put up their fair share of local funds for education, or have State funds reduced in proportionate percentage sums;

(13) increase textbook allotment to assure that all pupils receive all neces sary books; and

(14) put more vocational training in our high schools, expand the curricula and facilities of our area technical schools, provide for community colleg s, and for more research facilities for higher education, as well as research in education itself.

These are the major steps which I am proposing that we take immediately. There is a long range aspect of the bill which must be considered and--it is the heart of what I am proposing to you.

It is the proposal to change the present 85/15 State/local fund ratio in the Minimum Foundation Program so that local school support shall be brought to a more logical level.
The new formula which this bill will set forth will increase the average statewide percentage of local support by one per cent per year--beginning with the 1965-66 school year--and continuing over a period of five years until the establishment of a new State-local ratio of 80/20 per cent.
In a State which constitutionally cannot conduct deficit financing, and in an age when united effort is required for economic success, it is not too much to ask that local governments put up one out of every five dollars spent on their systems for education.
It was found that today we could use $150-million dollars, if it were avail able, to implement our program of improvement, but because I believe that this is not now realistic, but that a more modest beginning would be ...
I am proposing that $30-million dollars in new revenue be raised through action of this General Assembly during this session.

WEDNESDAY, JANUARY 15, 1964

31

Translating this into concrete terms it would mean:

(1) a salary increase averaging $200 per teacher based upon performance, experience and qualification immediately effective January 1;

(2) a commensurate increase in the salaries of college and university faculty members;

(3) an immediate addition of 350 more teachers to be followed by the addi tion of 1,000 teachers next year;

(4) a $75,000,000 increase, making a total of $100-million dollars, effective July 1, 1964, in the bond funds for schools and colleges to provide for construction of necessary facilities.

(5) expansion of teacher in-service-training and additional support for the prospective teacher scholarship program;

(6) creation of an honors program for outstanding junior students with superior talents;

(7) an increase in textbook funds to provide essential textbooks for every student and proper library facilities;

(8) completion of the State educational television network; and

(9) placing the State educational administration on the best possible ad ministrative basis with the most modern equipment and records system, including data processing equipment, with the least possible administrative cost, and the greatest educational value possible per dollar spent.

These objectives cannot be accomplished through local support alone.

A substantial outlay of new State funds will be required.

And it is the purpose of my administration to propose directly to you ways and means of raising these funds. In my judgment, this can best be done with revisions in existing revenue laws, revisions that will pose a burden to no citizen.

The additional revenue will be used for the basic purpose of better education. We must improve our education programs in Georgia, and I know that you share this view.

We cannot carry out our contract with the people in full under the existing revenue structure.

We cannot carry out our pledges to the mothers and fathers, children and teachers of Georgia, and at the same time provide for other essential State needs when you write a new budget bill next year. Be not misled about our anticipated surplus. Much was budgeted last January; more is yet to be col lected, and we cannot spend funds we do not have.

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Now, the method which I am recommending for raising the necessary revenue consists of five principal points. These are:

First ... a 3-cent tax increase on cigarettes, with the removal of the 5 per cent mark-up, as well as making the tax deductible by the consumer. This is being offered with the knowledge of experience in other States, which has shown that the level of State cigarette tax rates in no way adversely affects the sale of tobacco by the grower. It is anticipated that $15-million dollars will be raised through this change in the law.

Second ... a net increase of 50-cents per gallon on distilled spirits, brought about by discontinuing the State warehousing system, and adjusting the tax structure.

Third . . . elimination of the vendors' commission on collection of retail State sales tax, providing an additional $5,500,000 dollars for public education.

Fourth ... a one per cent increase in the corporate income tax level, en abling the State to collect an additional $8-million dollars, yet keeping our corpo rate tax structure competitive with other States. Over half of this increase will be borne by the Federal Government in almost every instance.

Fifth . . . the levying of 12-cents a case on beer, providing the education program with an additional $1,300,000 dollars each year.

These measures are realistic and fair, and they will make possible the im provements we so desperately need in education. They provide funds for our State's future. The yield we receive tomorrow depends solely on the investment we make today.

To immediately implement the educational program, we will consider and approve a supplemental appropriations act, which good business demands that we keep well within anticipated revenues.
Further, I want to stress to you that the funds you appropriate for our new education program will be carefully guarded and supervised by me as your budget director, and will not be approved for expenditure unless all efficiency and economy measures feasible are affected in the State Department of Educa tion, and in other education agencies of the State.
Georgia will not pour money down the administrative drain of any depart ment on faith alone. We--you as the Legislature, and I as the Chief Executive --demand a full accounting of practices and procedures . . . and of how every quarter, every dime, and every nickle of public funds is spent. This, my friends, is a program that you can run on, not run from, when you offer for re-election by the people.
In the conduct of State business this Session, the Sanders Administration will ask you to approve certain other bills designed for the public betterment and well-being.

WEDNESDAY, JANUARY 15, 1964

33

Foremost among these are . . .

a sheriffs' salary bill, to eliminate all our 159 sheriffs from the evils of the fee system once and for all.

adoption of a Fair Elections Code, so that our people may vote as they wish and for whom they wish, and with the full protection of the law;
passage of prison reform measures, designed to assure that rehabilitation, rather than punishment, is the prime goal of our correctional institutions;

implementation of an airport construction program;
an effective measure regulating billboards on our highways;
adoption of a new State Constitution. It is my hope that such a document can be submitted to you before the end of this session. However, if other busi ness at hand does not permit sufficient time for deliberate consideration, I will call a Special Session of the Legislature sometime later in the year for the purpose of replacing this most important document of organic law;
and, finally, the approval of a congressional redistricting plan which is fair to every voter in every district . . . and which will keep Georgia responsibilities in the Georgia General Assembly, and Georgia Congressmen responsible to the people, they represent, rather than the Federal Courts.

It is no understatement to say today that we rendezvous with responsibility, at a time when we must determine whether we are willing to pay the price of continued progress.
I urge the members of this General Assembly to search your consciences today, and to resolve with me that no hurdle will be too great for us to clear in the realization of our purpose.
Realizing that the hour requires the best that we can give to our State and to our children, we must cast our partisanship and lay aside personal considera tions, or any reservation which any of us might have . . . and set out together to achieve, in this Session of the General Assembly, the legislative foundation upon which we can build the Georgia of tomorrow, of which we all dream.
I accept the challenge of improvement willingly, eagerly.
I know that you, as men of thought and dedication, do the same.
With a common prayer that comes from the hearts of all of us, let unison be our watchword. Let results mark our efforts.
Together we can assure our people and our State of their rightful place in the sun.
Together we can succeed . . .
for together we cannot fail.

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JOURNAL OF THE SENATE,

Senator Carlton of the 21st 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.

Senator Carlton of the 21st moved that the Senate do now adjourn, and the motion prevailed.

The president announced the Senate adjourned until 10:30 o'clock tomorrow morning.

THURSDAY, JANUARY 16, 1964

35

Senate Chamber, Atlanta, Georgia, Thursday, January 16, 1964.

The Senate met pursuant to adjournment at 10:30 o'clock this morning, and was called to order by the president.

Scripture reading and prayer were offered by Mr. Joe Bramsby, General Secretary of the Atlanta Y.M.C.A.

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 Carlton of the 21st 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 & Senate to wit:

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SR 135. By Senators Carlton of the 21st, Jackson of the 16th and Webb of the llth:
A resolution commending Honorable Charles A. Panell; and for other purposes.

SR 136. By Senators Carlton of the 21st, Jackson of the 16th and Webb of the llth:
A resolution expressing regrets at the passing of Honorable B. E. Thrasher, Jr.; and for other purposes.

SR 138. By Senator Webb of the llth:
A resolution providing for a joint session of the Senate and House for the purpose of hearing an address by Dr. Edward R. Annis, President of the American Medical Association; and for other purposes.

HR 329. By Mr. Mixon of Irwin:
A resolution expressing regrets at the passing of the Honorable James Whitley; and for other purposes.

The following resolution was read and adopted:

HR 329. By Mr. Mixon of Irwin:
A resolution expressing regrets at the passing of Honorable James Whitley; and for other purposes.

Mr. Carlton of the 21st District, Vice-Chairman of the Committee on Rules, submitted the following report:

Mr. President:

Your Committee on Rules has had under consideration the following bill of the Senate and has instructed me as Vice-Chairman, to report the same back to the Senate with the following recommendations:

SB 175. Do pass.

Respectfully submitted

Carlton of 21st District,

Vice-Chairman.

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

THURSDAY, JANUARY 16, 1964

37

SB 181. By Senator Conway of the 41st:
A bill requiring all meetings of the governing bodies of municipalities, counties, board of public instruction, boards of county commissioners, and other boards, bureaus, commissions or organization, except grand juries, supported in whole or in part by public funds or expending public funds to be public meetings; and for other purposes.
Referred to Committee on Rules.

SB 182. By Senator Kidd of the 25th:
A bill to amend an act revising, consolidating and superseding the laws relating to the State Game and Fish Commission, as amended, so as to provide for a ten day Statewide non-residence hunting license; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

SB 183. By Senator Kidd of the 25th: A bill to amend an act entitled An act to provide for the creation of the office of Judge of the Superior Courts, Emeritus; to prescribe eligibility for incumbents; and for other purposes.
Referred to Committee on Judiciary.
SB 184. By Senators Kidd of the 25th and Gillis of the 20th: A bill to amend an act entitled An act to provide for the creation of the office of Judge of the Superior Courts, Emeritus; to prescribe eligibility for incumbents; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 185. By Senators Brewer of the 39th, Brown of the 34th, Maclntyre of the 40th, Johnson of the 38th, Wesberry of the 37th, Salome of the 36th, Coggin of the 35th, Johnson of the 42nd, McWhorter of the 43rd, Conway of the 41st: A bill establishing a new charter for the City of Atlanta so as to permit the Board of Education of the City of Atlanta to employ counsel, to prescribe certain of his duties; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 186. By Senators Broun of the 46th, and Lee of the 47th: A bill providing that it shall be unlawful to promote or participate in certain types of plans for the sale of goods, wares, merchandise, pro perty or any other thing of value; and for other purposes.
Referred to Committee on Industry and Labor.

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JOURNAL OF THE SENATE,

SB 187. By Senator Miller of the 50th:
A bill to provide that the State of Georgia shall be a party to the "Inter state Compact on Mental Health"; to enact said compact into law; to provide for the designation of the compact administrator; to provide for supplementary agreements; to provide for funds; and for other purposes.
Referred to Committee on Health and Welfare.

SB 188. By Senators Brown of the 34th, Brewer of the 39th, Wesberry of the 37th, Johnson of the 38th, Salome of the 36th, Maclntyre of the 40th, and Coggin of the 35th:
A bill establishing a new charter for the City of College Park and the several acts amendatory thereof; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 189. By Senators Brown of the 34th, Brewer of the 39th, Johnson of the 38th, Wesberry of the 37th, Salome of the 36th, Maclntyre of the 40th, and Coggin of the 35th:
A bill establishing a new charter for the City of College Park and the several acts amendatory thereof; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 190. By Senators Webb of the llth, Carlton of the 21st, and Jackson of the 16th:
A bill to create the Georgia State Scholarship Commission; to provide for the granting of scholarships to students desiring to study Dentistry, Social Work, Nursing, Pharmacy, Physical Therapy, Medical Tech nology, Hospital Administration, Dietetics, X-ray Technology, other courses of study in the paramedical field and other professional and educational fields of study as approved by the Commission; and for other purposes.
Referred to Committee on Health and Welfare.

SB 191. By Senators Webb of the llth, Carlton of the 21st, and Jackson of the 16th:
A bill to require the State Revenue Commission to establish an equalized adjusted school property tax digest for each county in the State and for the State as a whole; and for other purposes.
Referred to Committee on Rules.

SR 142. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Baldwin County to provide for the construction and maintenance of streets and sidewalks in Baldwin County; and for other purposes.
Referred to Committee on Rules.

THURSDAY, JANUARY 16, 1964

39

SR 143. By Senators Webb of the llth, Carlton of the 21st, and Jackson of the 16th:
A resolution proposing an amendment to the Constitution of Georgia so as to change provisions relating to county taxation for education; to provide for taxation for education by counties in area school districts in accordance with general or local law; to provide for increasing or removing school tax millage limitations and for referendum thereon; to authorize county and area school districts to increase tax rate in order to obtain available State educational funds; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Rules.

SR 144. By Senators Webb of the llth, Carlton of the 21st, and Jackson of the 16th:
A resolution proposing an amendment to the Constitution of Georgia so as to change provisions relating to debts, additional debt and tempo rary loans that may be incurred by county school districts and area school districts; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Rules.

SR 145. By Senators Webb of the llth, Carlton of the 21st, and Jackson of the 16th:
A resolution proposing an amendment to the Constitution so as to provide a method of electing or appointing members of County Boards of Educa tion and the Superintendent of school systems; to authorize the General Assembly to provide for consolidation of county school districts and independent school systems into area school districts; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Rules.

SR 146. By Senators Webb of the llth, Carlton of the 21st, and Jackson of the 16th:
A resolution proposing an amendment to the Constitution so as to create a Georgia State Scholarship Commission to be authorized and empowered to activate, inaugurate and conduct a program to provide for the grant ing of scholarships to students desiring to study courses in the para medical field and other professional and educational fields; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Rules.
The following bills and resolution were read the second time:

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JOURNAL OF THE SENATE,

SB 178. By Senator Zorn of the 6th:
A bill to amend Code Section 10-301 relating to the time for filing exceptions to reports of auditors and to the content of such exceptions, so as to provide for the manner of having the time for filing such exceptions extended; and for other purposes.

SB 179. By Senator Zorn of the 6th:
A bill to amend Code Chapter 56-24 relating to the general provisions applicable to insurance contracts, so as to provide that no policy of insurance in which the interests of a lien holder are protected by a loss payable clause shall be cancelled by the insurer, so as to destroy the security of the lien holder unless a notice of the cancellation of said policy shall be forwarded to the lien holder; to provide the procedure connected therewith; and for other purposes.

SB 180. By Senators Carlton of the 21st, Jackson of the 16th, Webb of the llth, Kendrick of the 32nd, Fuqua of the 22nd, Pennington of the 45th, Hall of the 52nd, and Carter of the 14th:
A bill to establish a new minimum foundation program for education of Georgia's children and youth and a "Minimum Foundation Program Fund" for support of such program so as to equalize educational oppor tunities in the public schools throughout the State; and for other purposes.

SR 141. By Senator Holloway of the 12th:
A resolution proposing an amendment to the Constitution providing for the classification of inventories for ad valorem tax purposes; to provide for the submission of this amendment for ratification or re jection; and for other purposes.

The following general bill, favorably reported by the committee, was read the third time, and put upon its passage:
SB 175. By Senators Webb of the llth, and Carlton of the 21st: A bill to amend an act known as the "Hospital Authorities Law", ap proved March 27, 1941, (Ga. Laws 1941, p. 241), as amended, so as to extend the period of time for which revenue certificates may be issued by hospital authorities; to repeal conflicting laws; 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 34, nays 0.

THURSDAY, JANUARY 16, 1964

41

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

Senator Carlton of the 21st moved that the Senate do now adjourn until 10:30 o'clock Monday morning, and the motion prevailed.

The president announced the Senate adjourned until 10:30 o'clock Monday morning.

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Senate Chamber, Atlanta, Georgia. Monday, January 20, 1964.

The Senate met pursuant to adjournment at 10:30 this morning, and was called to order by the president.

Scripture reading was offered by Dr. Guy K. Hutcherson, pastor, First Methodist Church, Moultrie, Georgia.
Prayer was offered by Dr. William Rittenhouse, 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 Thursday'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 Carlton of the 21st 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 passages 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, JANUARY 20, 1964

43

HB 700. By Mr. Snow of Walker:
A bill to abolish the present mode of compensating the Ordinary of Walker County; and for other purposes.

HB 701. By Mr. Snow of Walker: A bill to consolidate the offices of tax receiver and tax collector of Walker County into the Office of the tax commissioner of Walker Coun ty; and for other purposes.
HB 702. By Mr. Snow of Walker: A bill to abolish the present mode of compensating the Clerk of the Superior Court of Walker County; and for other purposes.
HB 718. By Mr. Sinclair of Macon: A bill to place the Ordinary of Macon County on a salary basis in lieu of a fee basis; and for other purposes.
HB 716. By Mr. Sinclair of Macon: A bill to place the Sheriff of Macon County on a salary basis in lieu of a fee basis; and for other purposes.
HB 715. By Mr. Sinclair of Macon: A bill to place the Coroner of Macon County on a monthly salary in lieu of a fee system; and for other purposes.
HB 694. By Messrs. Busbee, Lee and Odom of Dougherty: A bill to amend an act providing for the merger of the independent school system of the City of Albany and the school district of the County of Dougherty outside the corporate limits of said City; and for other purposes.
HB 695. By Messrs. Busbee, Lee and Odom of Dougherty: A bill to amend the act creating and establishing a new charter for the City of Albany, so as the authorize the conveyance of certain property to the Albany Stadium Authority; and for other purposes.
HB 693. By Messrs. Busbee, Lee and Odom of Dougherty: A bill to amend an act creating the Albany High School Stadium Authori ty, so as to change the name; and for other purposes.

44

JOURNAL OF THE SENATE,

HB 710. By Mr. Bowen of Dooly:
A bill to amend an act, creating a charter for the city of Unadilla, so as to empower governing authorities to close and declare surplus property the platter passageway of and in Block 16; and for other purposes.

HB 711. By Mr. Floyd of Chattooga:
A bill to amend an act creating a Commissioner of Roads and Revenues of Chattooga County, so as to provide for the audit of certain county officers and the publication of summaries thereof; and for other pur poses.

HB 712. By Mr. Hill of Meriwether:
A bill to amend an act providing and establishing a Charter for the City of Woodbury, so as to authorize the Mayor and Council to levy and collect an ad valorem tax upon all property in the corporate limits of said City; and for other purposes.

HB 713. By Mr. Sinclair of Macon:
A bill to place the Tax Receiver of Macon County on a salary basis in lieu of a fee basis; and for other purposes.

HB 714. By Mr. Sinclair of Macon:
A bill to place the Clerk of the Superior Court of Macon County on a salary basis in lieu of a fee basis; and for other purposes.

HB 717. By Mr. Sinclair of Macon:
A bill to place the Tax Collector of Macon County on a salary basis in lieu of a fee basis; and for other purposes.

HB 719. By Mr. Sinclair of Macon:
A bill to amend an act to place the Solicitor, City Court of Oglethorpe of Macon County on a salary basis in lieu of a fee basis; and for other purposes.

The House has adopted the following resolution of the House:
HR 334. By Messrs. Coker of Cherokee, Reaves of Brooks and others: A resolution urging the Georgia Congressional Delegation to exert their influence to protect the domestic production of the red meats by estab lishing reasonable quotas on the importation of foreign beef, pork and lamb; and for other purposes.

MONDAY, JANUARY 20, 1964

45

The following resolution was read and adopted:

HR 334. By Messrs. Coker of Cherokee, Reaves of Brooks and others:
A resolution urging the Georgia Congressional Delegation to exert influence to protect the domestic production of the red meats by estab lishing reasonable quotas on the importation of foreign beef, pork and lamb; and for other purposes.

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

SB 192. By Senator Yancey of the 33rd:
A bill to provide that any person, firm or corporation may donate or sell milk to any public school, orphanage, or non-profit charitable as sociation or corporation at any price without being subject to any penalty on account of such sales and gifts; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

SB 193. By Senators Ellis of the 44th, and Miller of the 50th:
A bill to create within the Department of Public Health a Division for Georgia Water Quality Control and a State Water Pollution Board for the utilization of water resources of the State; and for other purposes.
Referred to Committee on Health and Welfare.

SB 194, By Senator Holloway of the 12th:
A bill prescribing the time within which public sales shall be held so as to provide that all public sales conducted within this State shall begin during a specific 2 hour period designated in the notice of the sale as posted; and for other purposes.
Referred to Committee on Judiciary.

SB 195. By Senator Holloway of the 12th: A bill to provide that the powers of sale in deeds of trust, mortgages, security deeds, deeds to secure debt and other instruments shall be strictly construed and fairly exercised; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 196. By Senator Holloway of the 12th: A bill to provide that sales of property taken under execution by sheriffs or coroners shall begin during a specific 2 hour period desig-

46

JOURNAL OF THE SENATE,

nated in the notice of the sale as posted, advertised or otherwise pub lished; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 197. By Senator Downing of the 1st:
A bill completely and exhaustively revising, superseding and consoli dating the laws relating to the State Game and Fish Commission, so as to provide for honorary fishing licenses for totally blind residents of the State of Georgia; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

SB 198. By Senators Carlton of the 21st, Jackson of the 16th, Webb of the llth, and others.
A bill to create the Georgia Educational Improvement Council; to pro vide for appointment and terms of members; to repeal conflicting laws; and for other purposes.
Referred to Committee on Educational Matters.

HB 693. By Messrs. Busbee, Lee and Odom of Dougherty: A bill to amend an act creating the Albany High School Stadium Au thority, so as to change the name; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 694. By Messrs. Busbee, Lee and Odom of Dougherty: A bill to amend an act providing for the merger of the independent school system of the City of Albany and the school district of the County of Dougherty outside the corporate limits of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 695. By Messrs. Busbee, Lee and Odom of Dougherty: A bill to amend the act creating and establishing a new charter for the City of Albany, so as to authorize the conveyance of certain pro perty to the Albany Stadium Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 700. By Mr. Snow of Walker: A bill to abolish the present mode of compensating the ordinary of Walker County; and for other purposes.
Referred to Committee on County and Municipal Governments.

MONDAY, JANUARY 20, 1964

47

HB 701. By Mr. Snow of Walker:
A bill to consolidate the offices of tax receiver and tax collector of Walker County into the office of the tax commissioner of Walker County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 702. By Mr. Snow of Walker:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Walker County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 710. By Mr. Bowen of Dooly:
A bill to amend an act, creating a charter for the City of Unadilla, so as to empower governing authorities to close and declare surplus pro perty the platter passageway of and in Block 16; and for other purposes.
Referred to Committee on County Municipal Governments.

HB 711. By Mr. Floyd of Chattooga:
A bill to amend an act creating a Commissioner of Roads and Revenues of Chattooga County, so as to provide for the audit of cerain county officers and the publication of summaries thereof; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 712. By Mr. Hill of Meriwether:
A bill to amend an act providing and establishing a charter for the City of Woodbury, so as to authorize the mayor and council to levy and collect an ad valorem tax upon all property in the corporate limits of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 713. By Mr. Sinclair of Macon:
A bill to place the tax receiver of Macon County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 714. By Mr. Sinclair of Macon:
A bill to place the clerk of the Superior Court of Macon County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to Committee on County and Municipal Governments.

48

JOURNAL OF THE SENATE,

HB 715. By Mr. Sinclair of Macon:
A bill to place the coroner of Macon County on a monthly salary in lieu of a fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 716. By Mr. Sinclair of Macon:
A bill to place the sheriff of Macon County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 717. By Mr. Sinclair of Macon:
A bill to place the tax collector of Macon County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 718. By Mr. Sinclair of Macon:
A bill to place the ordinary of Macon County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 719. By Mr. Sinclair of Macon:
A bill to amend an act to place the solicitor, City Court of Oglethorpe of Macon County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to Committee on County and Municipal Governments.

The following bills and resolutions were read the second time:

SB 181. By Senator Conway of the 41st.
A bill requiring all meetings of the governing bodies of municipalities, counties, board of public instruction, boards of county commissioners, and other boards, bureaus, commissions or organization, except grand juries, supported in whole or in part by public funds or expending public funds to be public meetings; and for other purposes.

SB 182. By Senator Kidd of the 25th:
A bill to amend an act revising, consolidating and superseding the laws relating to the State Game and Fish Commission, as amended, so as to provide for a ten day Statewide non-residence hunting license; and for other purposes.

MONDAY, JANUARY 20, 1964

49

SB 183. By Senator Kidd of the 25th:
A bill to amend an act entitled an Act to provide for the creation of the office of Judge of the Superior Courts, Emeritus; to prescribe eligibility for incumbents; and for other purposes.

SB 184. By Senators Kidd of the 25th and Gillis of the 20th:
A bill to amend an act entitled An Act to provide for the creation of the office of Judge of the Superior Courts, Emeritus; to prescribe eligibility for incumbents; to repeal conflicting laws; and for other purposes.

SB 185. By Senators Brewer of the 39th, Brown of the 34th, Maclntyre of the 40th, Johnson of the 38th, Wesberry of the 37th, Salome of the 36th, Coggin of the 35th, Johnson of the 42nd, McWhorter of the 43rd, Conway of the 41st:
A bill establishing a new charter for the City of Atlanta so as to permit the Board of Education of the City of Atlanta to employ counsel, to pre scribe certain of his duties; and for other purposes.

SB 186. By Senators Broun of the 46th, and Lee of the 47th:
A bill providing that it shall be unlawful to promote or participate in certain types of plans for the sale of goods, wares, merchandise, property or any other thing of value; and for other purposes.

SB 187. By Senator Miller of the 50th:
A bill to provide that the State of Georgia shall be a party to the "Interstate Compact on Mental Health"; to enact said compact into law; to provide for the designation of the compact administrator; to provide for supplementary agreements; to provide for funds; and for other purposes.

SB 188. By Senators Brown of the 34th, Brewer of the 39th, Wesberry of the 37th, Johnson of the 38th, Salome of the 36th, Maclntyre of the 40th, and Coggin of the 35th:
A bill establishing a new charter for the City of College Park and the several Acts amendatory thereof; and for other purposes.

SB 189. By Senators Brown of the 34th, Brewer of the 39th, Johnson of the 38th, Wesberry of the 37th, Salome of the 36th, Maclntyre of the 40th, and Coggin of the 35th:
A bill establishing a new charter for the City of College Park and the several Acts amendatory thereof; and for other purposes.

50

JOURNAL OP THE SENATE,

SB 190. By Senators Webb of the llth, Carlton of the 21st, and Jackson of the 16th:
A bill to create the Georgia State Scholarship Commission; to provide for the granting of scholarships to students desiring to study Dentistry, Social Work, Nursing, Pharmacy, Physical Therapy, Medical Technology, Hospital Administration, Dietetics, X-ray Technology, other courses of study in the paramedical field and other professional and educational fields of study as approved by the Commission; and for other purposes.

SB 191. By Senators Webb of the llth, Carlton of the 21st, and Jackson of the 16th:
A bill to require the State Revenue Commission to establish an equalized adjusted school property tax digest for each county in the State and for the State as a whole; and for other purposes.
SR 142. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to author ize the governing authority of Baldwin County to provide for the con struction and maintenance of streets and sidewalks in Baldwin County; and for other purposes.
SR 143. By Senators Webb of the llth, Carlton of the 21st, and Jackson of the 16th:
A resolution proposing an amendment to the Constitution of Georgia so as to change provisions relating to county taxation for education; to provide for taxation for education by counties in area school districts in accordance with general or local law; to provide for increasing or removing school tax millage limitations and for referendum thereon; to authorize county and area school districts to increase tax rate in order to obtain available State educational funds; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
SR 144. By Senators Webb of the llth, Carlton of the 21st, and Jackson of the 16th:
A resolution proposing an amendment to the Constitution of Georgia so as to change provisions relating to debts, additional debt and temporary loans that may be incurred by county school districts and area school districts; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
SR 145. By Senators Webb of the llth, Carlton of the 21st, and Jackson of the 16th:
A resolution proposing an amendment to the Constitution so as to pro vide a method of electing or appointing members of County Boards of

MONDAY, JANUARY 20, 1964

51

Education and the Superintendent of school systems; to authorize the General Assembly to provide for consolidation of county school districts and independent school systems into area school districts; to provide for submission of this amendment for ratification or rejection; and for other purposes.

SR 146. By Senators Webb of the llth, Carlton of the 21st, and Jackson of the 16th:
A resolution proposing an amendment to the Constitution so as to create a Georgia State Scholarship Commission to be authorized and em powered to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to study courses in the paramedical field and other professional and educational fields: to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.

Senator Pelham of the 10th, Chairman of the Committee on Senate Admini strative 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 125. SB 175.
Respectfully submitted, Pelham of the 10th District, Chairman.

Senator Carlton of the 21st moved that the Senate do now adjourn, and the motion prevailed.

The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.

52

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Tuesday, January 21, 1964.

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. Guy K. Hutcherson, pastor, First Methodist Church, Moultrie, Georgia.

Prayer was offered by Rev. John D. Maxwell, pastor, First Methodist Church, Thomson, 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 Carlton of the 21st 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 resolution of the House:

TUESDAY, JANUARY 21, 1964

53

HE 347. By Messrs. Chandler and Harrington of Baldwin:
A resolution commending Honorable Carl Vinson, United States Con gressman from the Sixth Congressional District of Georgia; and .for other purposes.

The following resolution was read and adopted:

HE 347. By Messrs. Chandler and Harrington of Baldwin: A resolution commending Honorable Carl Vinson, United States Con gressman from the Sixth Congressional District of Georgia; and for other purposes.
The following bills and resolutions were introduced, read the first time and referred to Committees:

SB 199. By Senators Miller of the 50th, Ellis of the 44th, Kendrick of the 32nd, Eowan of the 8th, Brown of the 34th, Fincher of the 51st, Hall of the 52nd, Kidd of the 25th, Harrison of the 48th, Hunt of the 26th, Broun of the 46th, Pennington of the 45th, Loggins of the 53rd, Smalley of the 28th, Phillips of the 27th, Spinks of the 9th, Oliver of the 4th, and Byrd of the 17th:
A bill to amend an act known as "The Eevenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to permit the special agents and enforcement officers of the Revenue Department to deliver all sugar fit for human consumption to the public schools of the county in which seized; and for other purposes.
Eeferred to Committee on Temperance.

Senator Zorn of the 6th moved that SB 199 be engrossed.

On the motion, the ayes were 37, nays 0, and the motion prevailed.

SB 200. By Senator Gordy of the 15th:
A bill to provide for the licensing and regulating of the business of selling, issuing, and delivering of checks, drafts, and money orders as a service or for a fee or other considerations; to provide exemptions from such licensing and regulating; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

54

JOURNAL OF THE SENATE,

SR 147. By Senator Zorn of the 6th:
A resolution proposing an amendment to the Constitution so as to create the "Wayne County Industrial Development Authority"; to provide for powers, authority, funds, purposes, and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Rules.

SR 148. By Senators Johnson of the 42nd, Conway of the 41st, and McWhorter of the 43rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to incorporate by reference provisions of the Federal Internal Revenue Code; including subsequent amendments thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Rules.

SR 149. By Senator Johnson of the 38th:
A resolution ratifying the proposed Amendment to the Constitution of the United States relating to the qualifications of Electors; and for other purposes.
Referred to the Committee on Rules.

The following bills and resolutions were introduced, and read the second time: SB 192. By Senator Yancey of the 33rd:
A bill to provide that any person, firm or corporation may donate or sell milk to any public school, orphanage, or non-profit charitable as sociation or corporation at any price without being subject to any penalty on account of such sales and gifts; and for other purposes.

SB 193. By Senators Ellis of the 44th, and Miller of the 50th:
A bill to create within the Department of Public Health a Division for Georgia Water Quality Control and a State Water Pollution Board for the utilization of water resources of the State; and for other purposes.

SB 194. By Senator Holloway of the 12th:
A bill prescribing the time within which public sales shall be held so as to provide that all public sales conducted within this State shall begin during a specific 2 hour period designated in the notice of the sale as posted; and for other purposes.

TUESDAY, JANUARY 21, 1964

55

SB 195. By Senator Holloway of the 12th:
A bill to provide that the powers of sale in deeds of trust, mortgages, security deeds, deeds to secure debt and other instruments shall be strictly construed and fairly exercised; to repeal conflicting laws; and for other purposes.

SB 196. By Senator Holloway of the 12th:
A bill to provide that sales of property taken under execution by sheriffs or coroners shall begin during a specific 2 hour period designated in the notice of the sale as posted, advertised or otherwise published; to repeal conflicting laws; and for other purposes.

SB 197. By Senator Downing of the 1st:
A bill completely and exhaustively revising, superseding and consoli dating the laws relating to the State Game and Pish Commission, so as to provide for honorary fishing licenses for totally blind residents of the State of Georgia; and for other purposes.

SB 198. By Senators Carlton of the 21st, Jackson of the 16th, Webb of the llth, and others.
A bill to create the Georgia Educational Improvement Council; to pro vide for appointment and terms of members; to repeal conflicting laws; and for other purposes.

HB 693. By Messrs. Busbee, Lee and Odom of Dougherty: A bill to amend an act creating the Albany High School Stadium Authority, so as to change the name; and for other purposes.
HB 694. By Messrs. Busbee, Lee and Odom of Dougherty: A bill to amend an act providing for the merger of the independent school system of the City of Albany and the school district of the County of Dougherty outside the corporate limits of said city; and for other purposes.
HB 695. By Messrs. Busbee, Lee and Odom of Dougherty: A bill to amend the act creating and establishing a new charter for the City of Albany, so as to authorize the conveyance of certain property to the Albany Stadium Authority; and for other purposes.
HB 700. By Mr. Snow of Walker: A bill to abolish the present mode of compensating the ordinary of Walker County; and for other purposes.

56

JOURNAL OP THE SENATE,

HB 701. By Mr. Snow of Walker:
A bill to consolidate the offices of tax receiver and tax collector of Walker County into the office of the tax commissioner of Walker Coun ty; and for other purposes.

HB 702. By Mr. Snow of Walker:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Walker County; and for other purposes.

HB 710. By Mr. Bowen of Dooly:
A bill to amend an act, creating a charter for the City of Unadilla, so as to empower governing authorities to close and declare surplus property the platter passageway of and in Block 16; and for other purposes.

HB 711. By Mr. Floyd of Chattooga:
A bill to amend an act creating a Commissioner of Roads and Revenues of Chattooga County, so as to provide for the audit of certain county of ficers and the publication of summaries thereof; and for other purposes.

HB 712. By Mr. Hill of Meriwether:
A bill to amend an act providing and establishing a charter for the City of Woodbury, so as to authorize the mayor and council to levy and collect an ad valorem tax upon all property in the corporate limits of said city; and for other purposes.

HB 713. By Mr. Sinclair of Macon:
A bill to place the tax receiver of Macon County on a salary basis in lieu of a fee basis; and for other purposes.

HB 714. By Mr. Sinclair of Macon:
A bill to place the clerk of the Superior Court of Macon County on a salary basis in lieu of a fee basis; and for other purposes.

HB 715. By Mr. Sinclair of Macon:
A bill to place the coroner of Macon County on a monthly salary in lieu of a fee system; and for other purposes.

HB 716. By Mr. Sinclair of Macon:
A bill to place the sheriff of Macon County on a salary basis in lieu of a fee basis; and for other purposes.

TUESDAY, JANUARY 21, 1964

57

HB 717. By Mr. Sinclair of Macon:
A bill to place the tax collector of Macon County on a salary basis in lieu of a fee basis; and for other purposes.

HB 718. By Mr. Sinclair of Macon:
A bill to place the ordinary of Macon County on a salary basis in lieu of a fee basis; and for other purposes.
HB 719. By Mr. Sinclair of Macon:
A bill to amend an act to place the solicitor, City Court of Oglethorpe of Macon County on a salary basis in lieu of a fee basis; and for other purposes.
The hour for convening the joint session of the Senate and House having arrived, the president, accompanied by the secretary and the senators, proceeded to the hall of the House of Representatives, and the joint session, called for the purpose of hearing an address by Major General Earl C. Hedlund, was called to order by the president of the Senate.

Governor Carl E. Sanders, Major General Earl C. Hedlund, and other dis tinguished visitors appeared upon the floor of the House of Representatives.

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

Lieutenant-Governor Peter Zack Geer introduced Governor Sanders and Honorable Denmark Groover, representative from Bibb County, with appropriate remarks.

Mr. Groover introduced Major General Earl C. Hedlund, who addressed the General Assembly.

Senator Carlton of the 21st moved that the joint session be now dissolved, and the motion prevailed.

Lieutenant-Governor Geer announced the joint session dissolved, and the senators returned to the Senate chamber and resumed the regular order of business.

58

JOURNAL OF THE SENATE,

Senator Carlton of the 21st moved that the Senate do now adjourn until 10:30 o'clock, and the motion prevailed.

The president announced the Senate adjourned until 10:30 o'clock tomorrow morning.

WEDNESDAY, JANUARY 22, 1964

59

Senate Chamber, Atlanta, Georgia, Wednesday, January 22, 1964.

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 John D. Maxwell, pastor, First Methodist Church, Thomson, Georgia.

Prayer was offered by Dr. Guy K. 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 examined and found correct.

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

Senator Carlton of the 21st 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 hour for convening the joint session of the Senate and House having arrived, the president, accompanied by the secretary and the senators, proceeded

60

JOURNAL OP THE SENATE,

to the hall of the House of Representatives, and the joint session, called under the provisions of SR 138, for the purpose of hearing an address by Dr. Edward R. Annis, president of the American Medical Association, 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 Dr. Annis with the following remarks:
GOVERNOR SANDERS, SPEAKER SMITH, DISTINGUISHED MEMBERS OF THE HOUSE AND SENATE AND HONORED GUESTS...
It is with a great deal of personal pleasure that I introduce our speaker to you this morning.
Our guest has a distinguished record as a speaker and debater, as well as a surgeon. Prior to his election as President of the American Medical Association, he served for a year as Chairman of the AMA's National Speakers Bureau.
He has appeared on nationally televised programs to present the viewpoint of the American doctor.
A native of Detroit, our speaker received his medical training from Marquett University School of Medicine and began his medical practice in our neighbor state of Florida. He later served as Chief of the Depart ment of General Surgery at Mercy Hospital in Miami.
He served several years as Director of the Family Service and Senior Citizens Division of the Miami Welfare Planning Council. He is Chair man of the Florida State Medical Association's Legislative Committee. He is also an active member of Kiwanis Club and serves on the political action committee of the Dade County Chamber of Commerce.
It is, therefore, a high honor for me to present to you the Honorable Edward R. Annis of Miami, Florida, President of the American Medical Association.
Dr. Annis.
Dr. Annis addressed the General Assembly with timely, informative remarks.

Senator Carlton of the 21st moved that the joint session be now dissolved, and the motion prevailed.

WEDNESDAY, JANUARY 22, 1964

61

The president announced the joint session dissolved and the senators returned to the Senate chamber and resumed the regular order of business.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House to-wit:

HB 739. 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 authorize the Mayor and Council of the City of Athens to convey or donate a certain tract of land belonging to the City of Athens to the United States of America; and for other purposes.

HB 735. By Mr. Byrd of Walton:
A bill to amend an act incorporating the City of Monroe, so as to provide that the councilmen of said City shall be elected by the qualified voters of the entire City; and for other purposes.

HB 734. By Mr. Byrd of Walton:
A bill to amend an act incorporating the City of Monroe and define its limits, so as to change the salary of the Mayor; and for other purposes.

HB 733. By Mr. Byrd of Walton:
A bill to amend an act incorporating the City of Monroe, so as to author ize and empower the mayor and council to close that portion of W. Church St.; and for other purposes.

HB 729. By Messrs. Melton and Bolton of Spalding:
A bill to amend the Charter of the City of Griffin, relating to the Griffin Retirement Pension Act; and for other purposes.

HB 728. By Messrs. Melton and Bolton of Spalding:
A bill to amend the Charter of the City of Griffin, relating to elections; and for other purposes.

HB 727. By Messrs. Melton and Bolton of Spalding:
A bill to amend the Charter of the City of Griffin, by enlarging the present city boundaries and corporate limits by the annexation of certain described property; and for other purposes.

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HB 724. By Mr. Brown of Hart:
A bill to amend an act creating the office of Commissioner of Roads and Bridges for Hart County, so as to provide that the members of the Board of Finance for Hart County shall be elected by the electors of Hart County; and for other purposes.

HB 721. By Mr. Twitty of Mitchell:
A bill to amend an act so as to increase the maximum millage levy for educational purposes in the City of Pelham; and for other purposes.

HB 726. By Messrs. House and Groover of Bibb, Clarke of Monroe and others:
A bill to amend an act relating to the construction of contracts, so as to provide for certain rules of interpretation to be applied in arriving at the true meaning of contracts; and for other purposes.

HB 692. By Messrs. Busbee, Odoni and Lee of Dougherty:
A bill to provide for the extending of the limitations of time within which certain actions may be commenced under certain conditions; and for other purposes.

HB 660. By Messrs. Bell, Fleming and Hull of Richmond:
A bill to amend an act relating to additional duties of the Clerks of the Superior Courts, so as to provide that said Clerk may provide a suitable cross-reference card-index system for the records; and for other pur poses.

HB 523. By Messrs. Williams of Hall, Story of Gwinnett, and others:
A bill to amend an act creating the Lake Lanier Islands Development Authority; and for other purposes.

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

SB 201. By Senator Kidd of the 25th:
A bill relating to licenses for motor vehicles, so as to provide for the issuance of a permanent license plate; to provide for the procedure con nected therewith; to repeal conflicting laws; and for other purposes.
Referred to Committee on Industry and Labor.

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63

SB 202. By Senators Brown of the 34th, Heard of the 29th, and McWhorter of the 43rd:
A bill relating to the method of indictment of County public officers for malpractice in office; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 203. By Senators Brown of the 34th, Heard of the 29th, and McWhorter of the 43rd:
A bill reorganizing the State Law Department so as to withdraw the right of any State official charged with misfeasance or malfeasance in office to appear before the grand jury before an indictment for such offenses shall be laid before said grand jury; and for other purposes.
Referred to Committee on Rules.

SB 204. By Senators Searcey of the 2nd, and Tribble of the 3rd:
A bill revising, altering and amending the several acts incorporating the Mayor and Councilmen of the Town of Tybee, so as to change voter quali fications and qualifications for candidates for councilmen; to repeal con flicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 205. By Senator Fuqua of the 22nd and Zorn of the 6th:
A bill to provide for the comprehensive regulation of federal, state and county elections, and of primaries to nominate candidates for federal, state and county offices, and to provide for the comprehensive regulation of any federal, state and county primary or election for any other pur pose whatsoever; and for other purposes.
Referred to Committee on Rules.

HB 523. By Messrs. Williams of Hall, Story of Gwinnett, Bowen of Dawson, Smith of Forsyth, Overby of Hall, Morgan of Gwinnett and Jones of Lumpkin:
A bill to amend an act creating the Lake Lanier Islands Development Authority; and for other purposes.
Referred to Committee on Rules.

HB 660. By Messrs. Bell, Fleming and Hull of Richmond:
A bill to amend an act relating to additional duties of the clerks of the superior courts, so as to provide that said clerk may provide a suitable cross-reference card-index system for the records; and for other pur poses.
Referred to Committee on Judiciary.

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HB 692. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill to provide for the extending of the limitations of time within which certain actions may be commenced under certain conditions; and for other purposes.
Referred to Committee on Judiciary.

HB 721. By Mr. Twitty of Mitchell:
A bill to amend an act so as to increase the maximum millage levy for educational purposes in the City of Pelham; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 724. By Mr. Brown of Hart:
A bill to amend an act creating the office of Commissioner of Roads and Bridges for Hart County, so as to provide that the members of the Board of Finance for Hart County shall be elected by the electors of Hart County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 726. By Messrs. House and Groover of Bibb, Clarke of Monroe, Bagby of Paulding, Mixon of Irwin and Killian of Glynn:
A bill to amend an act relating to the construction of contracts, so as to provide for certain rules of interpretation to be applied in arriving at the true meaning of contracts; and for other purposes.
Referred to Committee on Judiciary.

HB 727. By Messrs. Melton and Bolton of Spalding:
A bill to amend the charter of the City of Griffin, by enlarging the present city boundaries and corporate limits by the annexation of certain described property; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 728. By Messrs. Melton and Bolton of Spalding: A bill to amend the charter of the City of Griffin relating to elections; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 729. By Messrs. Melton and Bolton of Spalding: A bill to amend the charter of the City of Griffin, relating to the Griffin Retirement Pension Act; and for other purposes.
Referred to Committee on County and Municipal Governments.

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65

HB 733. By Mr. Byrd of Walton:
A bill to amend an act incorporating the City of Monroe, so as to author ize and empower the mayor and council to close that portion of W. Church Street; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 734. By Mr. Byrd of Walton:
A bill to amend an act incorporating the City of Monroe and define its limits, so as to change the salary of the mayor; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 735. By Mr. Byrd of Walton:
A bill to amend an act incorporating the City of Monroe, so as to provide that the councilmen of said city shall be elected by the qualified voters of the entire city; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 739. 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 authorize the mayor and council of the City of Athens to convey or donate a certain tract of land belonging to the City of Athens to the United States of America; and for other purposes.
Referred to Committee on County and Municipal Governments.

The following bills and resolutions were read the second time:

SB 199. By Senators Miller of the 50th, Ellis of the 44th, Kendrick of the 32nd, Rowan of the 8th, Brown of the 34th, Fincher of the 51st, Hall of the 52nd, Kidd of the 25th, Harrison of the 48th, Hunt of the 26th, Broun of the 46th, Pennington of the 45th, Loggins of the 53rd, Smalley of the 28th, Phillips of the 27th, Spinks of the 9th, Oliver of the 4th, and Byrd of the 17th:
A bill to amend an act known as "The Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to permit the special agents and enforcement officers of the Revenue Department to deliver all sugar fit for human consumption to the public schools of the county in which seized; and for other purposes.

SB 200. By Senator Gordy of the 15th:
A bill to provide for the licensing and regulating of the business of sell ing, issuing, and delivering of checks, drafts, and money orders as a

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service or for a fee or other considerations; to provide exemptions from such licensing and regulating; to repeal conflicting laws; and for other purposes.

SR 147. By Senator Zorn of the 6th:
A resolution proposing an amendment to the Constitution so as to create the "Wayne County Industrial Development Authority"; to provide for powers, authority, funds, purposes, and procedure connected therewith; to provide for the submission of this amendment for ratification or re jection; and for other purposes.

SR 148. By Senators Johnson of the 42nd, Conway of the 41st, and McWhorter of the 43rd:
A resolution proposing an amendment to the Constitution so as to author ize the General Assembly to incorporate by reference provisions of the Federal Internal Revenue Code; including subsequent amendments thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

SR 149. By Senator Johnson of the 38th:
A resolution ratifying the proposed Amendment to the Constitution of the United States relating to the qualifications of Electors; and for other purposes.

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 had had under con sideration the following bills of thr. House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:

HB 700. Do pass.

HB 701. Do pass.

HB 702. Do pass.

HB 693. Do pass.

HB 694. Do pass.

HB 695. Do pass.

Respectfully submitted,

Brown of 34th District,

Chairman.

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67

Mr. Kendrick of the 32nd District, Chairman of the Committee on Educational Matters, submitted the following report:

Mr. President:

Your Committee on Educational Matters had had under consideration the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:

SB 180. Do pass by substitute.

Respectfully submitted,

Kendrick of the 32nd District,

Chairman.

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 373. By Messrs. Groover of Bibb, Clarke of Monroe, Lewis of Wilkinson, and many others:
A resolution requesting Congressman Carl Vinson to reconsider his deci sion not to seek re-election; and for other purposes.

The following resolution was read and adopted:

HR 373. By Messrs. Groover of Bibb, Clarke of Monroe, Lewis of Wilkinson and many others:
A resolution requesting Congressman Carl Vinson to reconsider his deci sion not to seek re-election; and for other purposes.

The following local, uncontested bills, favorably reported by the committee, were read the third time, and put upon their passage:

HB 693. By Messrs. Busbee, Lee and Odom of Dougherty:
A bill to amend an act creating the Albany High School Stadium Author ity, so as to change the name of said Authority to the "Albany Stadium Authority"; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 0.

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

HB 694. By Messrs. Busbee, Lee and Odom of Dougherty:
A bill to amend an act 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.

The report 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 695. By Messrs. Busbee, Lee and Odom of Dougherty:
A bill to amend an act creating and establishing a new charter for the City of Albany, so as to authorize the conveyance by the City of Albany of its interest in that certain real estate in said city upon which is located Mills Memorial Stadium; and for other purposes.

The report 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 700. By Mr. Snow of Walker:
A bill to abolish the present mode of compensating the Ordinary of Walker County, known as the fee system; and for other purposes.

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69

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

On passage of the bill, the ayes were 37, nays 0.

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

HB 701. By Mr. Snow of Walker:
A bill to consolidate the offices of tax receiver and tax collector of Walker County into the office of the tax commissioner of Walker 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 702. By Mr. Snow of Walker:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Walker County, known as 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.
The following general bill, favorably reported by the committee, was read the third time, and put upon its passage:
SB 180. By Senators Carlton of the 21st, Webb of the llth, Jackson of the 16th and others: A bill to establish a new minimum foundation program for education of Georgia's children and youth and a "Minimum Foundation Program

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Fund" for support of such program so as to equalize educational oppor tunities in the public schools throughout the State; and for other pur poses.

The Committee on Educational Matters offered the following substitute:
A BILL
TO BE ENTITLED
An Act to establish a new minimum foundation program for the edu cation of Georgia's children and youth to equalize educational opportuni ties in the public schools throughout the State; to provide a short title; to provide for administration of the minimum foundation program; to provide for use of appropriations and for distribution of funds to local units of school administration; to provide powers and duties of the State Board of Education; to provide powers and duties of the State Superintendent of Schools; to provide for the period of time of operation of public schools; to provide for local units of school administration and their eligibility to receive State funds; to provide the procedure for em ployment of personnel by local units of school administration; to provide for certification and the classification of professional school personnel; to provide for denial and revocation of certificates; to provide for defini tions; to provide for the establishment of a schedule of minimum salaries; to authorize salary supplements; to enumerate items of cost to be in cluded in the calculated cost of the minimum foundation program of local units; to provide the procedure for determining local financial ability to support the minimum foundation program; to provide for the allotment of teachers; to provide for the allotment of certificated professional per sonnel; to provide for a determination of the amount of funds necessary to pay salaries of such personnel; to provide for a determination of the amount of funds necessary for the payment of maintenance, operation, sick leave expenses, textbooks, consumable instructional material and supplies, library books, and non-consumable teaching material and aids; to provide for isolated schools; to provide for a determination of the amount of funds needed to pay expenses of pupil transportation; to pro vide for the establishment of a uniform minimum salary schedule for school bus drivers; to provide for the use of State-bid prices; to provide for pupil transportation; to provide for minimum specifications for school buses; to provide for a determination of the amount of funds needed by local units for travel expenses; to provide for the establishment of spe cial programs of education; to provide for the cost of public school edu cation television services; to provide a method for calculation of financial ability of local units to support the minimum foundation program; to provide for additional allotment of State funds for specified purposes to the extent that funds may be appropriated by the General Assembly therefor; to provide for allotment of capital outlay funds and the proce dure connected therewith; to provide for allotment of librarians and State funds for county and regional public libraries; to authorize the operation of summer school education programs by local units; to author ize year-round operation of public schools; to authorize the establishment of a contingency fund within specified limits and to authorize the use thereof by the State Board of Education for specified purposes; to pro-

WEDNESDAY, JANUARY 22, 1964

71

vide for a determination of the amount of funds needed for administering the school lunch program, for providing vocational education programs, for operation of State vocational-technical schools, for providing a pro gram of vocational rehabilitation, for operation of State schools for the deaf and blind, for salaries of teachers and other professional personnel in public schools operated within certain correctional institutions, and for operation of other special schools for exceptional persons; to author ize local units to prescribe longer school year terms, employ additional teachers, and to provide for payment of additional salaries by local units in such cases; to provide for the establishment of a uniform budget and accounting system for control of finances of local units; to provide for maintenance of uniform records and accounts by local units; to specify information to be furnished local units each year for budget and account ing purposes; to provide for school budgets of local units; to provide for State approval of local budgets; to provide for hearings and judicial re view; to provide for the establishment of a financial review section in the Department of Education and to authorize review of financial records and accounts of local units; to provide for withholding of State funds upon failure of local units to provide or use local funds as required by this Act; to provide for hearings and judicial review; to provide a method whereby the State Board may obtain State bids on behalf of local units on standard items of school equipment, supplies and services and other standard expenses; to authorize local units to obtain competitive bids; to provide for the distribution of State funds to local units and the pro cedure connected therewith; to provide for initial and mid-term adjust ment of allotments of personnel and State funds to local units; to pro vide for reduction in allotments of State funds due to inadequate State appropriation and support of the minimum foundation program or any purpose thereunder; to authorize the State Board to permit State funds to be paid to a local unit for non-resident pupils attending school in the local unit because of compelling reasons or circumstances; to authorize local units to contract for the care, transportation and education of pu pils, and for other purposes as may be authorized by law; to authorize the inauguration of a student honors program; to authorize educational research; to authorize the State Board to establish a State agency for surplus property and to authorize certain cooperative agreements; to authorize the State Board to organize and reorganize the State Depart ment of Education from time to time; to provide for the use of Georgia products; to provide for withholding of State funds from local units fail ing to comply with the provisions of school laws and the rules, regula tions, policies, standards and requirements established by the State Board pursuant to such laws and for notice, hearing and right of judicial re view; to provide that the provisions of this Act shall be subject to and administered pursuant to the provisions of the budget laws of this State; to provide for other matters relevant to the foregoing; to provide for severability; to provide for specific repeals; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Short Title.--The short title of this Act shall be the "Minimum Foundation Program of Education Act".
Section 2. Establishment of Minimum Foundation for Education Program.--The General Assembly of Georgia, recognizing the importance

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and extreme necessity of providing improved educational opportunity for all Georgians--children, youth, and adults; of establishing equality of educational opportunity for Georgia's children and youth regardless of where they may live or what their station in life may be; of establishing and maintaining minimum standards for public schools so that every Georgia child and youth can attend an accredited public school; of im proving the quality of education through continued development and im provement of balanced programs designed to provide academic and occu pational preparation of Georgia's children and youth for adult life in this age; of developing a public school program that will attract, hold and fully utilize competent professional personnel in the public school sys tems of this State; of establishing and maintaining adequate planning, research and experimentation programs so as to assure continued future improvement of public school education in Georgia; of providing for better efficiency in the operation of public schools, elimination of waste, and better utilization of existing school services and facilities; of the need to finance adequately the improvement of Georgia's public educa tion program and facilities; of the need to assure Georgia's children and youth of receiving an improved minimum level of education; and of the need for providing a method whereby all Georgians shall pay their fair share of the cost of such program, and recognizing fully its responsi bility to provide a means whereby the foregoing needs might more readily be met, does hereby establish a State Minimum Foundation Program for the education of Georgia's children and youth.

Section 3. Powers and Duties of the State Board of Education.--The State Board of Education shall adopt and prescribe all rules, regulations and policies required by provisions of this Act, and shall adopt and pre scribe such other rules, regulations and policies as may be necessary or advisable for proper implementation, enforcement and carrying out of provisions of this Act and other public school laws, or for assuring a more economical and efficient operation of the public schools of this State, or any phase of public education in the public schools of this State. The State Board shall establish and enforce minimum standards for oper ation of all phases of public school education in Georgia and for opera tion of all public elementary and secondary schools and local units of school administration in Georgia so as to assure, to the greatest extent possible, equal and adequate educational programs, offerings, opportuni ties and facilities for all Georgia's children and youth, and economy and efficiency in administration and operation of public schools and public school systems throughout the State. The State Board shall have the power to perform all duties and to exercise all responsibilities vested in it by provisions of law for the improvement of public education in the public elementary and secondary schools of Georgia. All rules, regula tions, policies and standards adopted or prescribed by the State Board in carrying out the provisions of this Act and other school laws shall, if not in conflict therewith, have the full force and effect of law.

Section 4. Powers and Duties of the State Superintendent of Schools. --The State Superintendent of Schools shall be the executive officer of the State Board of Education, the administrative officer of the State Department of Education, and shall be responsible for the administration and enforcement of all provisions of this Act and other school laws in accordance with the provisions of such laws and rules, regulations, poli-

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cies and standards adopted or prescribed by the State Board of Education for the implementation, administration or enforcement of such laws.

Section 5. Operation of Public Schools; School Year and School Month.--Public elementary and secondary schools of this State receiving State-aid under provisions of this Act shall be operated for a period of time to be determined by the State Board of Education which shall not be less than nine school months during each fiscal school year. Twenty school days shall constitute a school month. The fiscal school year shall begin on the first day of July and end on the 30th day of June of each year.

Section 6. Local Units of School Administration; Eligibility to Re ceive State Funds.--The several county, independent, and area public school systems of this State, as now or hereafter established pursuant to provisions of law, shall be local units of school administration for the purposes of this Act. The qualifications, manner and time of selection, election or appointment, tenure, State compensation if provided for, and powers and duties of superintendents and members of boards of educa tion of the several local units of administration shall be as prescribed by law, provided, however, that such superintendents and members of local boards of education shall comply with, execute, and enforce the provi sions of this Act and other school laws, and provisions of rules, regula tions, policies and standards adopted by the State Board of Education pursuant thereto, in order to render the respective local units of adminis tration eligible to receive State funds under provisions of this Act.

Section 7. Local Units of School Administration; Employment of Personnel.--All teachers, principals, other certificated professional per sonnel, and all other school personnel of local units of administration shall be employed by local boards of education on the recommendation of the superintendent of schools of the local unit. Minimum qualifications for employment of all school personnel may be prescribed by the State Board of Education. Employment contracts of teachers, principals and other certificated professional personnel shall be in writing and shall be signed in duplicate by such personnel on their own behalf and by the local superintendent of schools on behalf of the local board of education.

Section 8. Certification and Classification of Professional School Personnel; Revocation of Certificates; Definitions.--The State Board of Education shall provide, by regulation, for certifying and classifying all teachers and other certificated professional personnel employed in the public schools of this State, and no such personnel shall be employed in the public schools of this State unless they shall hold a certificate issued by the State Board certifying to his or her qualifications and classifica tion in accordance with such regulations. The State Board shall establish such number of classifications of teachers and other certificated profes sional personnel as the Board may, in its discretion, find reasonably necessary or desirable in the operation of the public schools, provided, however, that such classifications shall be based only upon academic, technical, and professional training and experience of such personnel. The State Board is authorized to provide, by regulation, for revoking or denying certificates for good cause, after investigation is had and notice and hearing is provided the certificate holder. The State Board shall, by

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regulation, define the term "certificated professional personnel", as used in this Act, and shall designate and define the various classifications of professional personnal employed in the public schools of this State that shall be required to be certificated under provisions of this Section. Without limiting the generality of the foregoing, the term "certificated professional personnel" shall be deemed to include principals, instruc tional supervisors, visiting teachers, school librarians, guidance coun selors, and county or regional librarians.

Section 9. Schedule of Minimum Salaries; Supplementing Salaries by Local Units.--The State Board of Education shall establish a schedule of minimum salaries which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the State Board for services to be rendered during not less than 200 working days. Said minimum salary schedule shall be estab lished on an index basis, and shall provide a minimum base salary for each classification of professional personnel required to be certificated, and for increment increases above the minimum base salary of each classification of such personnel based upon the individual experience and length of service of such personnel and such other uniformly applicable factors as the State Board may, in its discretion, find relevant to the establishment of such a schedule. Said minimum salary schedule shall, in all other respects, be uniform, with no differentiation being made on the basis of subjects or grades taught. The State Board is hereby authorized to modify and adjust the minimum salary schedule at such times and in such manner as the Board may, in its discretion, find reasonably neces sary and advisable for the more efficient operation of the public schools of this State. An index salary schedule shall be construed to mean a type of salary schedule established upon a set of relationships respecting sala ries to be paid personnel according to various classifications, such rela tionships to be expressed as ratios which are above or below an index value of 100 to be attributed to certificated professional personnel with a bachelor's degree and no experience. All State funds now or hereafter made available to the State Board for the purpose of paying salaries of teachers or other certificated professional personnel employed by local units of administration shall be made available to local units and to such personnel employed by them in accordance with the index schedule of minimum salaries. Local units of administration shall not pay to any teacher or other certificated professional personnel in its employment a salary less than that prescribed by the index schedule of minimum sala ries. Local units of administration may, however, supplement the salaries of such personnel, and in fixing the amount thereof may take into con sideration the nature of duties to be performed, the responsibility of the position held, the subject matter or grades to be taught, and the experi ence and individual worth of the particular personnel whose salary is being supplemented. Supplements paid shall, in all other respects, be uniform.
Section 10. Calculated Cost of Minimum Foundation Program of Local Units.--The total amount of funds needed by a local unit of ad ministration in order to provide a minimum foundation program of edu cation, as contemplated by provisions of this Act, shall be deemed to be the sum arrived at by adding the amount of funds, calculated in the manner provided for in this Act, needed by the local unit of administra tion for the following purposes:

WEDNESDAY, JANUARY 22, 1964

75

(a) Payment of teachers' salaries as provided for in Section 11.

(b) Payment of salaries of other certificated professional per sonnel as provided for in Section 12.

(c) Payment of maintenance, operation and sick leave expenses as provided for in Section 13.

(d) Purchase of free textbooks as provided for in Section 14.

(e) Purchase of consumable instructional materials and sup plies as provided for in Section 15.

(f) Purchase of school library books and non-consumable teach ing materials and aids as provided for in Section 16.

(g) Payment of additional cost of operating isolated schools as provided for in Section 17.

(h) Payment of expense of pupil transportation as provided for in Section 18.

(i) Payment of travel expenses as provided for in Section 19.

(j) Payment of cost of providing special education programs as provided for in Section 20.

(k) Defraying the local units' share of the cost of the State wide public school educational television program as provided for in Section 21.
The sum arrived at in the manner provided above shall be known as the calculated cost of providing a minimum foundation program of education in the local unit of administration. The amount of State funds which shall be allocated to each local unit of administration in support of such pro gram by the State Board of Education shall be the sum determined above as the calculated cost of providing a minimum foundation program of education in the local unit of administration less the amount of funds to be raised by the local unit in support of said program, which shall be determined in accordance with the financial ability of the local unit cal culated in the manner provided for in Section 22 of this Act. The sum of the calculated cost of providing a minimum foundation program of edu cation in all local units of administration combined shall be known as the calculated cost of the State-wide minimum foundation program.
Section 11. Allotment of Teachers; Amount of Funds Needed for Payment of Salaried.--The State Board of Education shall annually allot teachers to local units of administration on the basis of one teacher per 25 pupils in average daily attendance in grades 8 through 12 and one teacher per 28 pupils in average daily attendance in grades 1 through 7 of each local unit of administration during the first four months of the preceding school year, adjusted as provided for in Section 48 of this Act,

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provided, however, that during the next school year the amount of funds distributed to any local unit for this purpose shall not be in excess of the amount actually required by the local unit for payment of salaries of teachers actually employed by the local unit of administration. The amount of funds needed by a local unit to pay salaries of teachers shall be determined on a ten-months basis in accordance with the State mini mum salary schedule provided for in Section 9 of this Act. The State Board of Education is authorized to prescribe uniform requirements and minimum standards respecting utilization of State-allotted teachers in public elementary and secondary school of local units of administration.

Section 12. Allotment of Certificated Professional Personnel; Amount of Funds needed for Payment of Salaries.--The State Board of Education shall annually allot other certificated professional personnel to local units of administration on the basis of one per 200 pupils in average daily attendance in the local unit of administration during the first four months of the preceding school year, adjusted as provided for in Section 48 of this Act, provided however, that during the next school year the amount of funds distributed to any local unit for this purpose shall not be in excess of the amount actually required by the local unit for pay ment of salaries of certificated professional personnel actually employed by the local units of administration. The amount of funds needed by a local unit to pay the salaries of certificated professional personnel shall be determined on a ten-months basis in accordance with the State mini mum salary schedule provided for in Section 9 of this Act. The State Board of Education is authorized to prescribe uniform requirements and minimum standards respecting utilization of State-allotted professional personnel, and to provide rules and regulations by which certificated professional personnel may be assigned to serve as classroom teachers.

Section 13. Amount of Funds Needed for Payment of Maintenance, Operation and Sick Leave Expenses.--The amount of funds needed by a local unit of administration for maintenance, operation and sick leave expenses not otherwise provided for in Section 11 through Section 21 of this Act shall be determined by multiplying the number of teachers allotted to the local unit of administration under provisions of Section 11 of this Act by a sum of money per teacher to be determined by the State Board of Education which shall not be less than $400 per State-allotted teacher. The State Board of Education shall define the term "mainte nance, operation and sick leave expenses" and shall have authority to establish minimum requirements and standards for maintenance and operation of public school facilities and equipment and for local distribu tion, use and expenditure of funds allotted under this Section to local units of administration.

Section 14. Amount of Funds Needed for Free Textbooks. -- The amount of funds needed by a local unit of administration for mainte nance, repair and purchase of free textbooks shall be determined by mul tiplying the number of pupils enrolled in the public schools of the local unit by a sum of money to be determined by the State Board of Educa tion which shall not be less than $4 per enrolled pupil, provided, however, that commencing with the 1965-66 fiscal school year said minimum sum to be allotted per enrolled pupil shall be increased at least 50 cents per year per pupil until such time as said minimum sum of money to be

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allotted for this purpose shall be at least $6 per pupil enrolled in the public schools of the local unit. The State Board is authorized to make additional uniform allotments of funds to local units to further assist local units in meeting the need for additional sets of textbooks due to increased enrollment of pupils in the local unit. The State Board shall have authority to prescribe multiple lists of approved textbooks, and minimum requirements and standards for purchase, distribution, and use of such textbooks, and for the use and expenditure of funds allotted under this Section.

Section 15. Amount of Funds Needed for Consumable Instructional Materials and Supplies.--The amount of funds needed by a local unit of administration for purchase of consumable instructional materials and supplies shall be determined by multiplying the number of pupils enrolled in the public schools of the local unit by a sum of money to be deter mined by the State Board of Education which shall not be less than $3 per enrolled pupil. The State Board of Education shall define the term "consumable instructional materials and supplies" and shall have author ity to establish minimum requirements and standards for purchase, dis tribution and use of such instructional materials and supplies and for the use and expenditure of funds allotted under this Section.

Section 16. Amount of Funds Needed for Library Books and Nonconsumable Teaching Materials and Aids.--The amount of funds needed by a local unit of administration for purchase of school library books and non-consumable teaching materials and aids shall be determined by mul tiplying the number of pupils enrolled in the public schools of the local unit by a sum of money to be determined by the State Board of Educa tion which shall not be less than $1 per enrolled pupil. The State Board of Education shall define the term "library books and non-consumable teaching materials and aids" and shall have authority to establish mini mum requirements and standards for purchase, distribution and use of such library books, teaching materials and aids and for the use and ex penditure of funds allotted under this Section.

Section 17. Isolated Schools; Allotment of Additional Teachers, Per sonnel and Funds.--The State Board of Education shall annually allot additional teachers and other certificated professional personnel, and additional funds needed for the purpose of paying the salaries of such personnel and funds provided for herein based upon allotments of teach ers, to local units of administration as may be necessary to assist local units in operating elementary and secondary schools which are, pursuant to provisions of this Act and regulations and standards prescribed by the State Board, classified as being "isolated schools", in such manner as to provide pupils attending such isolated schools a minimum foundation program of education essentially comparable to that provided pupils attending public schools not coming within this classification. An "iso lated school" shall mean an elementary or secondary public school which meets such standards or characteristics of isolation as shall be prescribed from time to time by the State Board of Education based upon considera tion of factors such as size of the school, school population density, sur rounding road conditions to include distance by the nearest passable road to another appropriate school, time required for transporting such pupils to another appropriate school, climatic and geographical conditions, and

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such other similar factors as the Board may, in its discretion, find rele vant for the purpose of classifying a school as being isolated within the meaning of this Section. No local unit of administration shall be entitled to receive additional allotments of teachers, other personnel or State funds under provisions of this Section unless the local unit shall, at such time before the beginning of each school year for which such allotments are desired as the State Board may prescribe, make application to the State Board for classification of a particular school or schools as "iso lated" within the meaning of this Section, and submit to the State Board such proofs of isolation as the Board may require. Whether or not any school shall be termed an "isolated school" within the meaning of this Section, the regulations and standards prescribed by the State Board for this purpose, shall be a matter for determination by the State Board, and such determination shall, in the absence of a clear abuse of discretion, be final and conclusive. The State Board shall have authority to establish minimum requirements and standards respecting utilization of additional teachers and funds allotted under this Section. Funds allotted under pro visions of this Section shall be deemed to be allotted for the purpose of relieving hardships caused by operation of provisions of this Act, and shall be made from funds available in the contingency fund provided for in Section 28 of this Act.

Section 18. Amount of Funds Needed to Pay Expenses of Pupil Transportation; Method of Calculation; Establishment of Uniform Mini mum Salary Schedule for School Bus Drivers; State-bid Prices to Be Used; Pupils Eligible to be Transported for State-aid Purposes; Specifi cations, Standards, Requirements and Qualifications.--
(a) The amount of funds needed by a county or area school system to pay expenses of pupil transportation shall be calculated by the State Board of Education in accordance with a schedule of standard transportation costs to be incurred by local units of admin istration in the operation of economical and efficient pupil trans portation programs and a schedule of variable transportation costs or variable cost factors dependent upon circumstances prevailing in the several local units of administration which affect, in varying ways, the cost of pupil transportation, provided, however, that the amount of funds to be actually distributed to any local unit of ad ministration under provisions of this Section during any school year shall not exceed the actual costs incurred by the local unit in trans porting pupils to the public schools of the local unit during such school year. In establishing the schedule of standard and variable pupil transportation costs or cost factors for the purpose of allotting funds under this Section, the State Board is, without limiting the generality of the foregoing, authorized to consider facts and circum stances such as the number and density of pupils transported in the local unit and the areas therein served by school buses, the suitability of school bus routes in the local unit, the suitability of the typ<; and number of buses used by the local unit, the number of miles traveled by school buses in the local unit, minimum bus loads, transportation surveys, cost of transportation equipment and depreciation schedules therefor, the schedule of minimum salaries for school bus drivers established in accordance with subparagraph (b) of this Section, the number of school bus drivers allotted to the local unit, maintenance, repair and operating costs of transportation equipment, climate and

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terrain, condition of roads used for the purpose of transporting pupils in the local unit, cost of liability insurance, and such other facts and circumstances as the State Board may find to be relevant for the purpose of establishing such schedules and cost factors. The State Board shall have authority to establish minimum requirements and standards respecting use of funds allotted under this Section.

(b) The State Board shall establish a schedule of uniform mini mum salaries that shall be paid by local units to drivers of school buses with a 24 passenger capacity and over, regardless of type of ownership, which shall be not less than $100 per month for 12 months for drivers not a teacher or student in the public school and not less than $400 per school year term of ten (10) months for teacher and student drivers. The minimum salary schedule shall not apply to drivers of cars and other vehicles of less capacity than a 24 passenger bus. County or area school systems shall not pay to any bus driver in its employment operating a 24 passenger bus or over a salary less than that prescribed by the uniform minimum salary schedule, but shall have the authority to supplement the salary of any bus driver employed by the county or area school sys tem. The expense of purchasing, maintaining and operating such buses, regardless of type of ownership, shall not be considered in establishing the schedule of uniform minimum salaries for school bus drivers. The schedule of uniform minimum salaries shall be used as a standard cost item for the purpose of calculating the expense of pupil transportation under subparagraph (a) of this Section.

(c) If, and to the extent that, the State Board of Education obtains a State-bid price under provisions of Section 46 of this Act on any standard item of equipment, supply or service used or ob tained by local units in connection with or as a result of providing transportation services to pupils attending the public schools of such local units, or on any other standard expense incurred by local units, the standard transportation cost or allowance to be attributed to such item or expense under provisions of subparagraph (a) of this Section shall be based upon an amount not in excess of the State-bid price on such item or expense.

(d) Pupils who live beyond one and one-half miles from the school to which they are assigned, according to the nearest practical route by school bus, shall be eligible to be counted as transported pupils for the purpose of calculating the expense of pupil transpor tation under subparagraph (a) of this Section provided such pupils are actually transported to such school by school bus or other vehicle made available for this purpose by the county or area board of edu cation. Any pupil who resides within the said mileage limitation shall not be eligible to be counted for school transportation State aid purposes.

(e) The State Board of Education is authorized to establish minimum specifications for vehicles used by local units for the pur pose of transporting pupils to the public schools of the local unit, taking into account the facts and circumstances set forth in subparagraph (a) above, and is authorized to establish minimum stand-

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ards and requirements respecting maintenance, repair, inspection and use of such vehicles and minimum qualifications for drivers of such vehicles, and all vehicles used and drivers employed for such purposes by local units, regardless of type of ownership of such vehicles, shall conform to such specifications, standards, require ments and qualifications.

Section 19. Amount of Funds Needed for Travel Expenses. -- The amount of funds needed by a local unit of administration for payment of travel expenses to be incurred by visiting teachers, instructional super visors and other local school personnel required to travel within the local unit of administration in connection with their assigned duties shall be determined by the State Board of Education in accordance with regula tions prescribed by the State Board authorizing such travel and prescrib ing uniform rates, standards, requirements and allowances for such purposes.

Section 20. Establishment of Special Programs of Education; Allot ment of Teachers and Other Personnel; Sharing of Costs. -- The State Board of Education shall have authority to provide for implementation of State-wide programs in the public schools of this State for the educa tion of adults, pre-school children, and exceptional school children as may be defined by the State Board, and for implementation of other educa tional programs not ordinarily coming within the prescribed curricula of the public schools, which may or may not require use by local units of additional specially qualified personnel and special equipment necessi tating allotment of additional personnel and funds, such as remedial reading programs for those public school children found to be deficient in reading skills, driver education programs, and other similar education programs. The State Board is authorized to establish priorities, stand ards and criteria for implementation and operation of such programs as the Board may in its discretion, find necessary or desirable to implement on a State-wide basis. Local units may, prior to implementation of such programs by the State Board, implement such programs locally in ac cordance with criteria and standards prescribed by the State Board. The State Board shall, upon implementation of such programs establish a uniform basis for allotment of additional personnel and funds if such additional allotments are necessary for operation of such programs. Such programs shall, upon implementation by the State Board on a State wide basis, be considered a part of the minimum foundation program of education contemplated by provisions of this Act, the cost of which shall be shared by the State and local units of administration in the same manner and on the same basis as provided in this Act for the sharing of other costs of the foundation program.

Section 21. Local Share of the State-wide Cost of Public School Education Television Services.--The State Board of Education shall annually determine the local unit of administration's share of the cost of operating and maintaining the State-wide network of public school educational television stations, the State-wide cost of programming and the State-wide cost of production and purchase of video tapes and other matsrials used in the State-wide public school educational television pro gram. Such State-wide costs shall be apportioned to local units of ad ministration on a uniform basis to be prescribed by the State Board, and

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the local units' apportioned costs of such program shall be shared by the State and the local units of administration in the same manner and on the same basis as provided in this Act for the sharing of other costs of the foundation program. The State Board shall adjust accordingly the allotment of the State contributed minimum foundation program funds to be allotted to local units of administration. The provisions of this Section shall not become effective until such time as the State Board of Education shall declare that the State-wide network of public school educational television stations has been completed and is in operation.

Section 22. Calculation of Local Financial Ability. -- The State Board of Education shall calculate annually the relative financial ability of each local unit of administration to raise funds in support of the minimum foundation program of education in the local unit of adminis tration in the following manner:

(A) The financial ability of each local unit of administration to raise funds in support of the local unit's minimum foundation program of education for the 1964-65 school year, commencing on July 1, 1964, shall be calculated as follows:
(1) Calculate an economic index for each county in the State as follows:
(a) Calculate for each county its per cent of the State total for each of the following items: public utilities tax digest, average effective buying power of five years, average retail sales for five years, motor tag taxes paid, and State income taxes paid.
(b) Giving per cent of the total public utilities tax digest, a weight of two; per cent of the average effective buying power for five years, a weight of six; per cent of average retail sales for five years, a weight of two; per cent of motor tag taxes paid, a weight of two; and per cent of State income taxes paid, a weight of one; calculate an economic index of the financial ability of each county expressed in per cent of the State total. Data for public utilities tax digest, motor tag taxes paid, and State income taxes paid shall bs furnished by the State Department of Revenue, and data for aver age effective buying power for five years and average retail sales for five years shall be taken from the annual Survey of Buying Power conducted by Sales Management. The State Board of Educa tion shall use the most recent data available at the time the index is calculated. The State Board of Education may, in its discretion, vary the number and weights to be assigned to the several factors used in computing the economic index when research proves that a better index can be obtained by changing the weight and/or factors.
(2) Determine the extent to which the estimated costs of State wide minimum foundation program for the fiscal school year is to be paid by local funds by multiplying the estimated costs of the State-wide minimum foundation program for the fiscal school year by 15 per cent.
(3) Multiply the economic index for each county in the State as derived in accordance with subsection (1) by the amount of the

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estimated cost of the State-wide minimum foundation program for the fiscal year to be paid by local funds as determined in accordance with subsection (2). The sum obtained by this multiplication shall be the amount of funds to be raised within a county in support of the cost of providing a minimum foundation program of education in the public schools of the county determined in accordance with the local financial ability of the county. Where two or more counties have merged or consolidated into a single area public school system, the sum obtained by the foregoing multiplication for each of the counties within the resulting area public school system shall be combined and the combined sum shall be the amount of funds to be raised within the area public school system in support of the cost of providing a minimum foundation program of education in the public schools of the area public school system determined in accord ance with the local financial ability of the counties within such school system. In those counties of the State which have more than one school system within the county, the amount of funds to be raised by the several local units of administration within the county in support of their minimum foundation program of education needs shall be determined by multiplying the percent that the school tax digest of the local unit of administration is of the total school tax digest of all local units of administration in the county by the total amount of funds to be raised within the county in support of the minimum foundation program of education financial needs of the county; provided, that the school tax digest of each independent school system shall be 133% per cent of the county tax digest of all property located within the territory of the independent school system.

(B) The financial ability of each local unit of administration to raise funds in support of the local unit's minimum foundation program of education for the 1965-66 school year, commencing on July 1, 1965, and for each year thereafter shall be calculated as follows:

(1) Multiply the per cent that the equalized adjusted school property tax digest of each county is of the total equalized adjusted school property tax digest for the State as a whole by that portion of the estimated cost of the State-wide minimum foundation pro gram for the fiscal school year to be paid by local funds, calculated in accordance with provisions of subparagraph (2) of this Section. The sum obtained by this multiplication shall be the amount of funds to be raised within a county in support of the cost of pro viding a minimum foundation program of education in the public schools of the county determined in accordance with the local finan cial ability of the county. Where two or more counties have merged or consolidated into a single area public school system, the sum ob tained by the foregoing multiplication for each of the counties within the resulting area public school system shall be combined and the combined sum shall be the amount of funds to be raised within the area public school system in support of the cost of providing a mini mum foundation program of education in the public schools of the area public school system determined in accordance with the local financial ability of the counties within such school system. In those counties of the State which have more than one school system within

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the county, the amount of local funds to be put up by the several local units of administration within the county in support of the cost of providing a minimum foundation program of education in the public schools of the local unit of administration shall be deter mined by multiplying the per cent that the equalized adjusted school property tax digest of the respective local unit of administration is of the total equalized adjusted school property tax digest of all local units of administration in the county by the amount of local funds to be raised by or within the county in support of the cost of pro viding a minimum foundation program of education in the public schools of the county, provided, however, that the equalized adjusted school property tax digest of each independent school system located within a county shall be calculated on the basis of 133% p?r cent of the county equalized adjusted school property tax digest of all prop erty located within the territory of the independent school system.

(2) The State Board of Education shall determine the portion of the estimated cost of the State-wide minimum foundation pro gram to be paid by local funds by multiplying the estimated cost of the State-wide minimum foundation program for the school year by the percentage share of the cost of such State-wide program to be paid by local funds on a State-wide basis. Commencing with the 1965-66 school year, beginning on July 1, 1965, the estimated cost of the State-wide minimum foundation program shall be shared on a State-wide basis of eighty-four per cent (84%) State funds and sixteen per cent (16%) local funds, provided, however, that the share of the estimated cost of the State-wide minimum foundation program to be paid by local funds shall thereafter be increased at the beginning of each subsequent fiscal school year by one percent age point per year for four years, so that commencing with the 1969-1970 fiscal school year the State-wide cost of the minimum foundation program shall be shared on the basis of eighty per cent (80%) State funds and twenty per cent (20%) local funds.

(3) The sum of the equalized adjusted school property tax di gest of each county in the State, and of each independent school system located within the several counties in the State, and the sum of the equalized adjusted school property tax digest for th State as a whole, shall be furnished to the State Board of Education by the State Auditor on or before February 1, of 1965 and each year there after.
Section 23. Additional Allotment of State Funds.--In addition to the foregoing provisions of this Act, the State Board of Education shall or may, as the case may be, allot additional funds to local units of ad ministration for purposes provided for in subsequent Sections of this Act to the extent that funds may be appropriated by the General Assembly for such purposes. When additional funds are allotted to local units for purposes hereafter provided for, local units of administration shall pro vide local funds to match the State allotment of funds to the extent and in the manner provided in the subsequent Sections of this Act.
Section 24. Allotment of Capital Outlay Funds; Rules, Regulations; Etc.--Capital outlay needs of local units of administration shall here after be determined by the State Board of Education on the basis of

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school system surveys, growth and development patterns within local units of administration, school plant surveys, and such other criteria as the State Board may, from time to time and in its discretion, prescribe and require to be established on a current and long-range basis indicating present and anticipated future capital outlay needs of the several local units of administration. State capital outlay funds hereafter available for construction of capital facilities in or for the use of local units of administration shall be allotted to local units by the State Board on the basis of the respective current and long-range capital outlay needs of the several local units. The State Board shall, in determining the amount of State capital outlay funds to be allotted to or on behalf of a local unit of administration, consider the financial ability of the local unit to furnish local capital outlay funds from any existing unused bonding capacity of the local unit and the willingness of the local unit to provide such local matching capital outlay funds. The State Board is authorized to enter into contracts with local units of administration for allotment of State capital outlay funds, and for utilization of local capital outlay funds, in making provision for construction of capital facilities needed by the local unit.

The term "capital facilities", as used in this Act, shall be deemed to include buildings, fixtures, and equipment necessary or desirable for the effective and efficient operation of the public schools and all facilities related or incidental thereto, which, without limiting the generality of the foregoing, shall be deemed to include classrooms, libraries, labora tories, restrooms, equipment rooms, offices, teacher lounges, lunchrooms, lunch-assembly rooms, equipment and fixtures therefor, related exterior facilities, equipment and paving, and such other similar items as the State Board may, in its discretion, deem necessary for the effective and efficient operation of the public schools. The State Board is authorized to establish priorities for construction of such capital facilities for the purpose of making allotments of State capital outlay funds under the provisions of this Section. Capital outlay funds may be allotted to local units of administration for the purpose of constructing, renovating, altering or enlarging capital facilities.

The State Board of Education may, in exercising its discretion in allotting capital outlay funds to local units under this Section, consider, the value to the particular local unit of administration in consolidating two or more schools within the local unit, or the value to two or more adjacent local units of administration in consolidating one or more schools located in each of the adjacent local units of administration pro vided the boards of education of the adjacent local units contract for the attendance of pupils at such consolidated school, as well as the need for such consolidations, and may allot funds for the purpose of providing facilities for such consolidated schools.

The State Board of Education shall, notwithstanding any other pro vision of this Act but in aid of same and notwithstanding provisions of other school laws, have authority, in its discretion, to establish uniform rules, regulations, policies, standards, requirements and criteria respect ing all matters pertaining or relating to location, construction, equip ping, operation, maintenance, use and consolidation of schools and school facilities as may be reasonably necessary to assure effective, efficient and economical operation of the schools and all phases of the public

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education program, and shall, for the purposes of this Section, consider such matters in making future allotments of capital outlay funds. With out in any way limiting the generality of the foregoing, such matters may include method, manner, type and minimum specifications for con struction of such facilities and installation of fixtures and equipment therein, amount of space to be provided per pupil, number and size of classrooms, areas to be served by such facilities, and such other matters as the State Board may consider important for such purposes.

In the event any local unit of administration enters into a lease contract with the State School Building Authority for use of facilities of the Authority pursuant to a commitment by the State Board for future allotments of State capital outlay funds, the State Board of Education, upon receipt of an executed copy of said lease contract, is hereby author ized and directed to monthly, quarterly or annually pay to the Authority such part of such funds to be made available to the local unit of adminis tration under this Section as may be required to meet the terms of such lease contract.

Notwithstanding the foregoing provisions of this Section, the State Board of Education shall hereafter annually allot to or on behalf of each local unit of administration State capital outlay funds sufficient to meet commitments for allocation of State capital outlay funds entered into by and between the State Board of Education and the boards of education of local units of administration under the 1951-1952 and 1960-1961 State School building programs. The State Board of Education shall make such allotments of State capital outlay funds from any funds available to the State Board of Education.
Section 25. County and Regional Public Libraries; Allotment of Librarians and State Funds.--The State Board of Education shall an nually determine the amount of funds needed to provide county and regional public libraries of the State with library books and materials by multiplying the total population of the State by a sum to be deter mined by the State Board which shall be not less than 16 cents per per son. Public library funds shall be apportioned to county and regional public libraries in proportion to the area and population to be served by such libraries in accordance with regulations and minimum public library requirements prescribed by the State Board. Public library funds appor tioned to a county or regional public library, together with the amount of funds needed by a county or regional public library for the purpose of paying the salaries of librarians allotted such library in accordance with regulations established by the State Board and the State minimum salary schedule for teachers and other certificated professional personnel, shall be distributed to the local unit of administration wherein such public library is located.
Section 26. Operation of Summer School Education Programs by Local Units; State Aid.--The board of education of any local unit of administration may, in its discretion, provide for continued operation of one or more public schools of the local unit for a period of time beyond the normal school year provided for in this Act for the purpose of pro viding summer school education programs, to include remedial programs, continuation of prescribed school programs, enrichment school programs beyond prescribed school programs, accelerated school programs for

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gifted pupils, vocational school programs, special programs of education enumerated or coming within the scope of provisions of Section 20 of this Act, and such other education programs as may be approved by the State Board, provided, however, that all such programs shall meet and be offered in accordance with minimum standards, requirements and cri teria as may be prescribed by the State Board. Teachers and other pro fessional school personnel employed full-time or part-time during such period shall be paid additional salary based on the State minimum monthly salary schedule, in proportion to the time and services rendered by such personnel. No additional State funds shall be allotted to local units in support of such programs unless specific provision is made therefor by the State Board. The State Board of Education is hereby authorized, to the extent that funds may be available, to allot additional State funds to local units in support of all or any one or more of such summer school education programs. The extent to which additional State
funds may be allotted local units in support of any one or more of such programs shall be determined by the State Board, but shall not in any event exceed the ratio of State funds to local funds made available to the local unit during the preceding school year in support of the calcu lated cost of providing a minimum foundation program of education in the local unit during that school year. The State Board is authorized to determine the relative need for establishment of any one or more of the various summer school education programs enumerated above, to estab lish priorities for implementation of such programs, and to allot funds available for this purpose to local units of administration in support of those programs which the State Board may in its discretion, deem to be most worthy of State financial support.

Section 27. Year-round operation of Schools.--In order to promote greater efficiency and savings through better utilization of existing school facilities, and to prevent overcrowding of classrooms and opera tion of public schools on a double-session basis in rapidly expanding school systems, the State Board of Education is hereby authorized, to the extent that funds may be available for this purpose, to develop and provide for implementation of a plan for operation of public schools on a year-round basis throughout the State, or in any local unit of adminis tration where the need for year-round operation due to overcrowded classrooms, operation of schools on a double-session basis, or other rea son, makes such operation either necessary or desirable. Upon imple mentation of such program on a State-wide basis or in any particular local unit of administration, State funds shall be made available to all local units or to the particular local unit, as the case may be, for such purposes on the same basis and at the same ratio at which State funds were made available to the local unit during the preceding school year in support of the calculated cost of providing a minimum foundation program of education in the local unit.
Section 28. Contingency Fund for Relief of Hardships, Unusual or Unforeseen Circumstances, and to Encourage School System Consolida tions.--The State Board of Education shall have authority to set up a contingency fund for the purpose of relieving hardships which may be caused by operation of provisions of this Act and to take care of any unusual or unforeseen circumstances. The State Board is authorized to use all or any portion of such funds for the special purpose of encourag ing merger or consolidation of local school systems by making an allot-

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ment of such funds, on a decreasing scale and for a period of time not to exceed five years, to the school system resulting from such merger or consolidation when, by reason of such merger or consolidation, the re sulting school system suffers a loss of State funds under provisions of this Act. Allotments of contingency funds for this purpose shall not in any event exceed the amount of such loss of State funds. Commencing with the 1965-1966 fiscal school year beginning on July 1, 1965, the amount of money that the State Board may place in the contingency fund shall not exceed an amount equal to one per cent of the calculated cost of the State-wide minimum foundation program.

Section 29. Amount of Funds Needed for School Lunch Program.-- The State Board of Education shall annually determine the amount of funds needed for the purpose of administering the school lunch program. The State Board may, by regulation, provide for certifying and classify ing school lunch supervisors and managers, establish training programs for such personnel, and may provide for payment of State supplements to the salaries paid such persons by local units of administration and State incentive pay for satisfactory completion of such training pro grams.
Section 30. Funds for Vocational Education.--The State Board of Education shall annually determine the amount of funds needed to pro vide a vocational education program for in-school youth, out-of-school youth, and adults, for teacher training, and for operation of area voca tional-technical schools. Such funds shall be made available for such programs of education in accordance with rules and regulations estab lished by the State Board of Education.
Section 31. Policy of State as to Vocational Education.--It is hereby declared to be the policy of the State of Georgia to leave teachers of vocational subjects in the public school systems of this State under the jurisdiction and control of local boards of education, to provide for a program of vocational education as provided for in Section 30 of this Act, and that Federal funds for vocational education shall be expended in carrying out the State plan of vocational education in keeping with the requirements of Federal laws relating to vocational education. The State Board of Education is hereby charged with the responsibility of inaugurating and maintaining adequate facilities and opportunities for training in trade, business, industrial and distributive education, agri culture and home economics in the public schools of local "units, or in area vocational-technical schools, where justified by established needs.

Section 32. Federal and State Funds for Vocational Education-- Nothing in this Chapter shall affect the distribution of Federal funds allotted to Georgia under the Smith-Hughes Vocational Act, or other Acts of Congress appropriating Federal funds for vocational education purposes, or the distribution of State funds appropriated or allotted for such purposes, but all such funds shall be apportioned by the State Board to the various local units for use in maintaining vocational classes or departments subject to such reasonable rules and regulations as may be prescribed by the State Board in accordance with the State plan of vocational education; nor shall any provision of this Chapter prevent the State Board from accepting and administering other funds which may

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be made available to it, or for the use of the schools of this State for educational purposes, subject to such limitation as may be imposed in the grant or appropriation of the same. Funds necessary for the purpose of matching federal funds for any project approved by the State Board of Education shall be made available by the State Board from any avail able funds.
Section 33. Funds for State Vocational-Technical Schools -- The State Board of Education shall annually determine the amount of funds needed for operation of State vocational-technical schools established by the State Board of Education. Such funds shall be made available for the operation of such schools under rules and regulations prescribed by the State Board of Education.
Section 34. Funds for Vocational Rehabilitation--The State Board of Education shall annually determine the amount of funds needed to provide for a program of vocational rehabilitation. Such funds shall be made available for rehabilitation of handicapped persons in accordance with rules and regulations prescribed by the State Board of Education.
Section 35. Funds for State Schools for the Deaf and Blind--The State Board of Education shall annually determine the amount of funds needed for operation of the State schools for the deaf and blind and such other special schools for exceptional persons as may be established by the State Board of Education. Such funds shall be made available for the operation of these schools under rules and regulations prescribed by the State Board of Education.
Section 36. Funds for Public Schools Operated Within Correctional Institutions--The State Board of Education shall annually allot addi tional funds to local units of administration wherein the State Board of Corrections maintains an institution primarily for the detention of per sons within school age, and operates within such institution an elemen tary, secondary or vocational school for the education of such school age children, which shall be sufficient to enable the local unit to furnish certified teachers and other professional personnel to such school and institution in accordance with the State minimum salary schedule, pro vided, however, that the course of instruction offered in such school shall meet minimum academic requirements and standards prescribed for operation of the public schools of the local unit. The State Board is authorized, in its discretion, to make an allotment of additional funds to the local unit for employment of such teachers and other professional personnel for an additional two months during the fiscal school year where the school in such institution is operated on a 12-month basis.
Section 37. Longer School Year Terms; Additional Teachers; Sala ries--The board of education of any local unit of administration may, in its discretion, provide for operation of the public schools of the local unit for a school year term longer than the nine-months school year term required by provisions of this Act, and may employ additional teachers and other certificated professional personnel over and above the State allotment of such personnel, provided, however, that all teachers or other certificated professional personnel employed during any period by which the regular school year term is extended or over and above the State

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allotment of such personnel shall be paid a salary not less than the mini mum monthly salary prescribed by the State minimum salary schedule. No additional State funds shall be allotted to local units of administra tion by virtue of an extension of the regular school year term or employ ment of such additional personnel by local boards of education. Exten sions of school year terms by local boards of education under provisions of this Section shall not conflict with operation of any summer school education programs or year-round operation programs implemented by the State Board under provisions of Sections 26 or 27 of this Act.

Section 38. Budget and Accounting System Established--For the purpose of promoting economy and efficiency in the financial operation of the local school systems, keeping all school expenditures within esti mated receipts and balances, and to facilitate financial review audits of local school system operations to determine conformance of school opera tions with provisions of law, there is hereby established a uniform budget and accounting system as provided for herein for control of finance of local units of administration which shall be more fully implemented by regulations established by the State Board of Education.

Section 39. Uniform Records and Accounts--Financial records and accounts of local units of administration shall be kept and maintained by the superintendent of schools of local units in such form, classifica tion and manner as prescribed by regulations of the State Board provid
ing for a uniform budgeting system and a uniform system of financial records and accounts for operation of public school systems of the State. The State Board of Education shall, in conjunction with the State Audi tor, establish such forms, classifications of accounts, including reserves and sinking fund accounts, codes for data processing machines, regular reporting procedures and budget forms as shall be in accordance with generally accepted public school accounting procedures. Local units of administration shall be required to maintain separate accountings on
the various classifications of items provided for in the approved budgets of local units. All accounts required to be maintained by local units shall reflect receipt of all funds received for or on behalf of such accounts, the source of such funds, disbursements chargeable to such accounts, and such other information related thereto as the State Board may require. All local unit accounts required to be maintained by the State Board shall be kept and maintained in such form and manner as the State Board may require, and summary statements of such accounts and finan cial records of local units, regular reports, and such information as the State Board may require of local units shall be submitted to the State Superintendent of Schools at such times as the State Board may, from time to time, prescribe.

Section 40. Information to Be Sent Annually to Local Units of Administration--The State Board of Education shall, on or before Feb ruary 15 of each year, furnish the following information to each local unit of administration:

(a) The State schedule of minimum salaries for teachers and other certificated professional personnel and school bus drivers.

(b) The number of teachers, other certificated professional per-

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sonnel and school bus drivers allotted to the local unit of administra tion for the next school year and the basis for allotment of the same.

(c) The calculated amount, of funds to be needed by the local unit during the next school year for payment of salaries of teachers and other certificated professional personnel, maintenance, opera tion and sick leave expenses, purchase of free textbooks, consumable instructional materials and supplies, school library books and nonconsumable teaching materials and aids, and for payment of the cost of operating isolated schools, the expense of pupil transporta tion, other authorized travel expenses and special education pro grams, and the local units' share of the State cost of operating the public school educational television program, calculated in accord ance with Sections 11 through 21 of this Act.

(d) The calculated cost of providing a minimum foundation program of education in the local unit during the next school year, and the amount of local funds required to be contributed in support of such program calculated in accordance with provisions of Section 22 of this Act.

(e) The amount of additional State funds to be allotted to the local unit during the next school year for capital outlay and other purposes provided for in Section 24 et seq. of this Act, the purpose for such allotments, and the amount of local matching funds, if any, to be put up for such purposes by the local unit.

Section 41. Preparation of School Budgets by Local Superintendent of Schools--Prior to a date to be prescribed by the State Board, the superintendent of schools of each local unit of administration shall, each year, meet and confer with the board of education of the local unit for the purpose of discussing, exploring and determining functions to be performed, services to be rendered, obligations to be met by, and the need for improvement of the local school system during the next fiscal school year, and shall submit to the local board of education a report covering the operations of the local school system during the current school year, his recommendations respecting the foregoing matters for the next fiscal school year, and a tentative proposed budget for the next fiscal school year for consideration by members of the board, all of which shall be recorded in the minutes of the Board meeting. The local board of education may direct revisions be made in the tentative budget in such manner as it may deem necessary or advisable. On or before a date to be prescribed by the State Board but subsequent to February 15 each year, the superintendent of schools shall revise the tentative school budget in such manner as may be required by virtue of the information received pursuant to provisions of Section 40 of this Act and directions of the local board, and prepare and submit to the local board at such time a proposed final budget for the next fiscal school year. Except as provided herein, the form and manner in which school budgets shall be prepared shall be prescribed by the State Board. The proposed final budget of the local unit shall reflect an estimate of cash and credits on hand, or deficit, and outstanding fixed and current liabilities, anticipated as of the close of the current fiscal school year; an estimate of receipts reasonably expected to be received by the local unit for all sources, local

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State or Federal, during the next fiscal school year, the amount expected from each source, and the use for which such funds are allotted or to be used; an estimate of all expenditures reasonably expected to be made during the next fiscal school year, including reserves, arranged in ac cordance with classifications prescribed by the State Board, and the amount of local, State, Federal or other funds to be used for the purpose of making such expenditures; an estimate of cash and credits on hand, or deficit, and outstanding fixed and current liabilities, anticipated as of the close of the next fiscal school year; the local school tax levy neces sary to produce the amount of local funds required to be put up by the local unit pursuant to provisions of this Act and as may otherwise be needed to meet the proposed final budget for the next fiscal school year, and the anticipated amount of local school funds to be actually produced as a result of such levy; the school tax levy to be made and the antici pated amount of funds to be produced thereby; and such other matters as the State Board may require. The proposed final budget shall be balanced, shall not require disbursement of more State funds than are to be made available under and in accordance with provisions of this Act, and proposed expenditures to be made during the next fiscal school year, plus reserves, shall not exceed estimated receipts for the fiscal school year, plus uncommitted cash balances expected to be available at the beginning of the fiscal school year.

Section 42. Approval of Budget by Local Board of Education.-- Local boards of education shall receive and examine the proposed final budget prepared by the superintendent of schools, make or require the superintendent to make such changes therein as the board may deem necessary or advisable, provided the same shall be in conformance with provisions of law applicable thereto, and shall each year, on or before a date to be prescribed by the State Board, tentatively adopt such budget in final form and cause the same, in such form as may be required by the State Board, to be advertised at least one time in a newspaper of general circulation in the local unit of administration. At the next regu lar meeting of the local board subsequent to advertisement of the budget, the local board of education shall make such revisions in the budget as it may find necessary and proper, adopt a final school budget for the next fiscal year, and determine the local tax levy to be made in the local unit of administration in support of said budget. Such meeting may be con tinued from day to day, until such time as such matter is concluded and a final budget adopted by the local board.
Section 43. State Approval of Local Budgets, (a) No later than June 1 of each year the chairman of the board of education and superin tendent of schools of each local unit of administration shall certify and forward to the State Superintendent of Schools two copies of the final budget adopted by the local board of education for the next fiscal school year. The State Superintendent of Schools shall examine and prepare a written report on the budget of each local unit and submit a copy of the same to the State Board and the respective local board of education through the superintendent of schools of the local unit of administration within 30 days after the receipt of such budgets or within such other time as the State Board may prescribe, or such budgets shall otherwise stand approved as submitted. The State Superintendent shall, in such report, recommend that the State Board (1) reject the budget, for rea sons stated, as not being in conformance with provisions of the school

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laws or regulations of the State Board adopted in accordance with pro visions of this Act; (2) direct that specified changes be made for rea sons stated upon the same authority; (3) suggest that certain changes be made; or (4) approve the budget as being in compliance with the schools laws and Board regulations. Budgets of local units shall be ap proved if prepared in accordance with the provisions of this Act and other school laws and regulations of the State Board respecting prepara tion of budgets prescribed by the State Board in conformance with authority conferred by such laws. The State Board shall act on such report within the time to be specified, by regulation, by the State Board. The State Board may delegate final authority for approving local bud gets of the State Superintendent. Budgets of local units shall not be approved unless such budgets show that adequate provision has or will be made for levy and collection of local tax funds sufficient to enable the local unit to pay its share of the total cost of providing a minimum foundation program of education in the public schools of the local unit determined in accordance with provisions of this Act, over and above other costs of local school operation.
(b) If the budget of a local unit is rejected, or if the local unit is required to make changes therein, the local board of education shall, within 30 days from receipt of such notification, either revise the local budget in the manner required and resubmit the same to the State Super intendent of Schools or, if not willing to revise the budget, request a hearing thereon before the State Board, in which event a hearing shall be provided the local board of education within 45 days from the date such request is received. If the local board feels itself aggrieved by the final decision of the State Board following such hearing, the local board shall have the right to obtain judicial review of such decision by filing an appeal, within 30 days from the date of such decision, in the superior court, which appeal shall plainly specify the decision complained of, the questions in dispute, the decision of the State Board, the relief sought by the local board, and the contentions of the local board. Said appeal shall be based upon the record as a whole established at the time of the hear ing before the State Board. A transcript of the testimony and other evidence adduced before the State Board at the time of such hearing shall be prepared and certified as true and correct by the State Superin tendent of Schools and filed in the court within 30 days after date of service of a copy of the appeal upon the State Superintendent of Schools, or within such other time as the court may allow. The decision of the State Board on appeal shall not be set aside if based upon any substan tial evidence in the record, considering the record as a whole. The court may in its discretion, whether or not the same be prayed for in the appeal, remand such matter for future proceedings or findings on such directions or terms as may be specified in the order of the court. Pro ceedings for review of the final judgment of the court shall follow the same course which is now or may hereafter be prescribed for other civil actions in the superior court.

(c) If a local board of education fails to revise and resubmit a local budget as directed and fails to request a hearing in regard thereto within the time allowed above, the State Superintendent shall revise the budget of the local unit in the respects required, advise the local board of such action, and the budget as revised by the State Superintendent shall stand approved as the budget of the local unit for the next fiscal

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school year. When changes in budgets of local units are suggested by the State Superintendent, the board of education of the local unit, though not required to make such changes, shall consider the same at the next regular meeting of the local board and thereafter notify the State Super intendent in writing, of the extent to which such recommended changes have been adopted by the local board. The budget of the local unit shall automatically stand amended to the extent such recommended changes are adopted. Budgets of local units of administration, upon approval by the State as provided herein, shall become operative as the official budget of the local unit for the next fiscal school year and shall be strictly adhered to by the local unit of administration. The State Board of Education shall, by regulation, provide a method and manner for amendment of school budgets during the school year. The State Board is authorized to require accounting of all funds by local units of adminis tration.

Section 44. Financial Review--The State Board of Education shall establish a financial review section within the Department of Education for the limited purpose of reviewing the financial records and accounts of local units of administration receiving State aid under provisions of this Act so as to insure compliance by local units with provisions of this Act, other school laws, and rules, regulations and policies of the State Board adopted in accordance with provisions of such laws. The provi sions of this Section shall not be deemed to be in conflict with or repeal any provisions of law respecting duties or functions of the State Depart ment of Audits.

Section 45. Withholding of State Funds Due to Failure to Provide Local Funds--In the event a local unit of administration fails to provide or use the amount of local funds required to be raised and used by the local unit in support of the cost of the minimum foundation program of education in the local unit during any school year, determined in accord ance with provisions of this Act, the State Board of Education shall cal culate the percentage which the deficiency in local funds represents of the total local funds required to be raised and used by the local unit and reduce the amount of State funds allotted to the local unit by the same percentage until such time as the local unit provides or uses, as the case may be, the required amount of local funds, or makes adequate provision for providing or using the same to the satisfaction of the State Board. If State funds allotted to a local unit have been distributed to the local unit when such failure of the local unit is ascertained, or if an audit of operations of the local unit shows that the local unit did not during the preceding or a past fiscal school year actually provide or use the amount of local funds required by provisions of this Act and the approved local budget of the local unit for that year, the State Board of Education shall, for the next ensuing fiscal school year, reduce the amount of State con tributed minimum foundation program funds to be allotted to the local unit by an equivalent amount of money and correspondingly increase the amount of local funds to be supplied by the local unit for that fiscal school year by the same amount of money. The State Board of Education shall in any event, before withholding or reducing the amount of State funds to be distributed to a local unit under this Section, notify the local unit of the intention of the Board to withhold or reduce the allotment of State funds to the local unit, and state the reasons for such action. The board of education of the local unit shall be entitled to a hearing on such

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matter before the State Board before such funds are withheld or reduced provided such hearing shall be requested by the local board of education within 30 days from receipt of notification of such intention of the State Board. If the local board feels itself aggrieved by the final decision of the State Board following such hearing, the local board shall have the right to obtain judicial review of such decision, on the record made be fore the State Board, by filing an appeal in the superior court in the same time and manner as provided in Section 43 of this Act for appeals from decisions of the State Board respecting local school budgets, and such appeals shall take the same course as therein provided for.

Section 46. State Bids on Standard Items of School Equipment, Supplies and Services.--
(a) The State Board of Education shall, from time to time, determine, through study and after consultation with the State Supervisor of Purchases, representatives of local units of adminis tration, and such others as the Board may deem it advisable to con sult with, whether an overall substantial price advantage to local units of administration may be obtained by means of a combined bid by local units through the State Department of Education and the State Supervisor of Purchases on standard items of school equip ment, supplies or services, or other standard expenses, to be desig nated by the State Board, ordinarily needed, procured or incurred by local units during the fiscal school year, without a sacrifice of safety or quality. If the State Board shall determine that such a price advantage to local units may be obtained by such means on any one or more of such items or expenses, the State Board shall, after consultation with such persons, establish sets of uniform standard specifications for such item or items as may reasonably be required in order to meet the various needs and requirements of the several local units of administration. Local units of administra tion shall, at such times as the State Board shall prescribe, report the probable annual requirement of the local unit for such standard items to the State Board and the requested time for future delivery of such items. The State Board shall compile such requirements and submit a compilation of the same to the State Supervisor of Pur chases together with such other information as may be needed or otherwise requested by the State Supervisor of Purchases for the purpose of advertising for bids for a uniform State price on such items.
(b) The State Supervisor of Purchases shall advertise for bids for supply of such items in the same manner followed for State pur chases, provided, however, that the State Supervisor of Purchases shall inform prospective bidders that the bid requested is for the furnishing of such items to the designated local units of administra tion at the times specified on the basis of a single State price appli cable to all local units of administration, that payment for such items as may be purchased by local units shall be made by the re spective local units of administration to the bidder, that no guaran tee is made that any purchases will be made from the successful bidder as a result of such bidding, and such other information as shall be appropriate under the circumstances. The State Supervisor of Purchases shall, upon receipt of bids, process the same in the

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same manner followed for State purchases and promptly notify the State Board of Education of the name of the successful bidder, the bid price, the terms of delivery guaranteed by the successful bidder, and such other available information as may be required by the State Board. The State Board shall promptly forward such informa tion to all local units of administration.

(c) Local units of administration are free to obtain competitive bids from vendors on such standard items of school equipment, sup plies, services or expenses, based upon uniform specifications estab lished for such items by the State Board, and may purchase such items from the vendor submitting the best bid therefor to the local unit whether or not the bid price of such vendor is greater or less than the State bid price on such items, provided, however, that when ever a local unit purchases such standard items at a price in excess of the State bid price for such items, the State Board shall, when computing standard costs for allotment of State funds, disallow the excess cost paid for such items by the local unit. The State Board shall prescribe regulations necessary for implementation and en forcement of provisions of this Section, and is authorized to estab lish minimum standards and uniform standard specifications and procedures for the purchase, distribution, use and maintenance as the case may be, of school equipment, supplies, services, and ex penses, as may be designated by the State Board, whether or not State bid prices are obtained on such items.

Section 47. Distribution of State Funds--The State Board of Edu cation shall, by regulation, provide for distribution of State funds allot ted to local units under this Act and budgets approved by the State Board. In determining the time and manner for distribution of State funds, the State Board may, in its discretion, consider the time at which local school tax funds shall be collected and made available to the several local units of administration, and is hereby authorized to provide for distribution of State funds to local units at such times and in such manner as will most likely meet the periodic needs of local units for the State allotted funds, provided State funds appropriated for such pur poses are available at such times. State funds to be distributed to local units under provisions of this Act shall be withdrawn from the State Treasury on executive warrants based upon requisitions to be signed by the State Superintendent of Schools, which shall be signed in accordance with the provisions of such regulations and directions of the State Board, and shall be disbursed to local units by the State Treasury upon order of the State Superintendent of Schools.

Section 48. Initial and Mid-term Adjustment of Allotments of Per sonnel and State Funds--The State Board of Education shall, when allotting teachers and other certificated professional personnel to local units of administration under Sections 11 and 12 of this Act, determine the rate and percentage of increase or decrease in average daily attend ance of pupils in the several local units of administration for the pre ceding five year period, and shall adjust the initial allotments of such personnel to local units under Sections 11 and 12 so as to allot teachers and other certificated professional personnel for the next fiscal school year on the basis of the estimated average daily attendance of pupils in

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the local unit during the next year. In using the average daily attendance of pupils during the first four months of the preceding school year in making initial allotments of such personnel, as provided in Sections 11 and 12 of this Act, in the event only that the average daily attendance in any one of such months shall be more than 15% lower than the aver age daily attendance for such remaining three months, the State Board shall allot teachers and other certificated professional personnel to such local unit based on the average daily attendance in the three of such four months having the highest average daily attendance. The State Board shall, during the next fiscal school year, require submission of official reports of enrollment and attendance of pupils by local units of adminis tration. Whenever the official attendance reports of any local unit shall show an increase in enrollment or average daily attendance of pupils during the current school year, the State Board of Education shall, at least semi-annually during such school year, increase the State con tributed minimum foundation program funds allotted to such local unit at the beginning of the current school year under Sections 11, 12, 13, 14 and 15 of this Act, in proportion to the current increase in enrollment and average daily attendance of pupils in the local unit and in accordance with the provisions of this Act. The State Board shall not reduce the amount of State contributed minimum foundation program funds which were allotted to any local unit for the current school year by reason of a current decrease in the enrollment or average daily attendance of pupils in the local unit. The State Board shall, at the beginning of each fiscal school year, set aside from the total appropriation for educational pur poses an amount of money deemed sufficient to meet the needs of such mid-term adjustments.

Section 49. Reduction in Allotment of State Funds Due to Inade quate Appropriation--The State Board of Education shall, to the extent necessary, reduce the amount of State funds to be allocated to local units in support of the minimum foundation program or in support of any of the purposes for which State funds might be allotted to local units under provisions of this Act if the amount of State funds appropriated in sup port of said program or in support of any one or more of the purposes for which allotments of funds are herein provided for is not adequate to finance the cost of the State portion of said program or such purposes determined in accordance with the provisions of this Act.
Section 50. Pupils Attending School in Adjacent Local Units of Administration; Allotment of State Funds; Contracts Between Local Units--Notwithstanding the foregoing provisions of this Act and other school laws, the State Board of Education is hereby authorized to pro vide, by regulation, a procedure and manner whereby a pupil shall, for such compelling reasons and circumstances as may be defined and speci fied by the State Board, be permitted to attend and be included as an enrolled pupil in average daily attendance in the public schools of a local unit of administration immediately adjacent to the local unit of adminis tration wherein the pupil resides for the purpose of allotting State funds under provisions of this Act, notwithstanding absence of an agreement between the two adjacent local units and a refusal by the board of edu cation of the local unit wherein the pupil resides to voluntarily approve such transfer of the pupil to the public schools of the adjacent local unit, provided, however, that the board of education of the adjacent local unit is willing to receive and permit such pupil to enroll in and attend the

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public schools of such local unit. The State Board shall adopt such rules, regulations and policies as may be necessary for implementation of this Section. Grant or refusal of permission for pupils to attend such schools, for the purpose of permitting State funds to follow such pupil, shall be entirely discretionary with the State Board and shall, in the absence of a clear abuse of discretion by the Board, be final and conclusive. Local units of administration may contract with each other for the care, educa tion and transportation of pupils and for such other activities as they may be authorized by law to perform.

Section 51. Student Honors Program.--The State Board of Educa tion is hereby authorized to inaugurate a student honors program for pupils in the public high schools of this State who have manifested ex ceptional abilities, unique potentials, or who have made exceptional aca demic achievements. Such program may be conducted during summer months between normal school year terms at institutions of higher learn ing or other appropriate centers within this State with facilities ade quate to provide challenging opportunities for advanced study and accomplishments by such students. The student honors program shall be implemented and operated in accordance with criteria to be established by the State Board, and operating and pupil costs and expenses may be paid by the State Department of Education from funds made available for this purpose by the State Board. The State Board is authorized to enter into cooperative agreements with the Board of Regents for oper ating and sharing the costs of such programs.

Section 52. Educational Research--The State Board of Education is hereby authorized to engage in or to otherwise make provision for educational research into all phases of operation of public school systems and into all methods of instruction and education of children and youth; to sponsor conferences, study groups and workshops, and to conduct research or education demonstrations, experimentation, field tests and such other projects as may, in the opinion of the Board, tend to support, improve or strengthen the public school system of this State, the quality of education provided Georgia's children and youth in the public schools of this State and the qualifications and technical skills of professional personnel employed in the public schools of this State, and is hereby authorized to employ or contract for the services of specialists and others as may be necessary or desirable for such purposes and to co operate with public school systems and public and private educational institutions and agencies within or without the State for such purposes. The State Board may provide for the allotment of education funds for the purposes provided for in this Section.

Section 53. State Agency for Surplus Property; Cooperative Agree ments.--The State Board of Education is hereby authorized to establish and operate a State Agency for Surplus Property for the purpose of distributing surplus properties made available by the Federal Govern ment under provisions of Public Law 152, 81st Congress, as amended, to institutions, organizations, agencies and others as may now or hereafter be eligible to receive such surplus properties pursuant to applicable pro visions of Federal law. The State Board of Education may enter into or authorize the State Agency for Surplus Property to enter into coopera tive agreements with the Department of Health, Education and Welfare

JOURNAL OF THE SENATE,
of the Federal Government for the use of surplus properties by the State Agency, and for providing administrative assistance in the transfer of title to real property from the Federal Government to institutions, or ganizations, agencies, and others as may now or hereafter be eligible to receive such properties pursuant to applicable provisions of Federal Law.
Section 54. Organization of the State Department of Education.-- The State Board of Education is hereby authorized after consultation with the State Superintendent of Schools, to organize and re-organize the State Department of Education and the various offices, divisions, sections and units thereof and to prescribe the duties, functions and operations of each at such times and in such manner as the State Board may deem necessary or desirable for the more economical or effective organization, administration or functioning of the Department.
Section 55. Use of Georgia Products.--In the purchase of, or in contracting for, any supplies, materials, equipment or services by the State or local units of administration, preferential consideration shall be given to local industries and to supplies, equipment, materials and equip ment manufactured or produced in the State of Georgia, where not in consistent with overriding policies herein established, provided such preference shall not result in any sacrifice or loss in price or quality.
Section 56. Withholding of Funds from Local Units; Appeal.--In the event a local unit of administration shall fail to comply with any provision of this Act or other school laws, or any provision of rules, regulations, policies, standards or requirements established by the State Board, or the terms of any contract with the State Board, the State Board may, in its discretion, withhold from such local unit all or any part of the State-contributed minimum foundation program funds allot ted to such local unit under provisions of this Act until such time as full compliance is made by the local unit. The State Board shall, before with holding such funds, notify the local unit of its intention to withhold such funds and state the reasons for such action. The Board of Education of the local unit shall be entitled to a hearing on such matter before such funds are withheld provided the local board requests such hearing within 30 days from receipt of such notification. If the local Board of Education feels itself aggrieved by the final decision of the State Board following such hearing, the local board shall have the right to obtain judicial re view of such decision, on the record made before the State Board, by filing an appeal in the Superior Court in the same time and manner as provided in Section 43 of this Act for appeal from decisions of the State Board respecting local school budgets, and such appeal shall take the same course as therein provided for.
Section 57. Act to be Administered Pursuant to Budget Laws.-- The standards set forth in this Act in Sections 11 through 22, and in such other Sections as such minimum requirements for funds shall appear, shall be construed as setting out a basic plan for the direction of the State Board of Education in planning a program and presenting proposals to the Governor and to the General Assembly. Nothing in this Act shall be construed as amending or modifying in any way Code Chap ter 40-4 known as the "Budget Act" as provided in an Act approved February 12, 1962 (Ga. Laws 1962, p. 17), as amended, or any appropri-

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ation Act which is presently in force and effect. The State Board of Education shall, in all of its programs involving allocation or expendi ture of funds, be governed and controlled by the provisions of such Budget Act, such appropriation Acts, and all other laws of general appli cation pertaining to the handling and expenditure of State funds, none of which Acts or laws are amended, modified or repealed by this Act unless specifically so provided in this Act.

Section 58. Constitutionality.--If any section, subsection, clause or part of this Act shall be held to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts or portions of this Act.

Section 59. Repealer.--An Act entitled "An Act to establish a mini mum foundation program of education in Georgia", and providing for establishment of a State minimum foundation program of education and a State minimum foundation program fund for the public schools, in cluding The University System, approved February 25, 1949 (Ga. L. 1949, p. 1406 et seq.), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 626 et seq) ; an Act approved Febru ary 21, 1951 (Ga. L. 1951, p. 676 et seq.) ; an Act approved February 21, 1951 (Ga. L. 1951, p. 677 et seq.) ; an Act approved February 21, 1951 (Ga. L. 1951, p. 753 et seq.) ; an Act approved February 15, 1952 (Ga. L. 1952, p. 400 et seq.) ; an Act approved December 17, 1953 (Ga. L. 1953, Nov. Sess., p. 206) ; an Act approved March 9, 1955 (Ga. L. 1955, p. 601 et seq.); an Act approved February 27, 1956 (Ga. L. 1956, p. 312 et
seq.); an Act approved March 13, 1957 (Ga. L. 1957, p. 380 et seq.); an Act approved March 13, 1957 (Ga. L. 1957, p. 651 et seq.) ; an Act ap
proved March 25, 1958 (Ga. L. 1958, p. 329 et seq.) ; an Act approved
March 7, 1960 (Ga. L. 1960, p. 770 et seq.) ; an Act approved March 6, 1961 (Ga. L. 1961, p. 104); an Act approved February 6, 1962 (Ga. L.
1962, p. 9 et seq.) ; an Act approved February 27, 1962 (Ga. L. 1962, p. 140) ; an Act approved March 6, 1962 (Ga. L. 1962, p. 652 et seq.) ; an
Act approved April 9, 1963 (Ga. L. 1963, p. 429 et seq.) ; and

Section 32-938 of the Code of Georgia of 1933 relating to county line schools, as amended, particularly as amended by Section 6 of an Act approved February 1, 1946 (Ga. L. 1946, p. 206, 208) are hereby re pealed, and the provisions of this Act are enacted in lieu thereof. The repeal of said Acts and laws shall in no case or event be deemed or held to have the effect of restoring, revising or re-enacting any prior Acts or laws previously repealed.

Section 60. Effective Date.--The provisions of this Act, except as provided in Sections 22 and 28, shall become effective immediately for operation of the public schools beginning with the fiscal school year commencing on July 1, 1964. The provisions of Sections 22 and 28 shall become effective as provided therein.

Section 61. All other laws or parts of law in conflict with this Act are hereby repealed.

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Senator Carlton of the 21st offered the following amendment to the committee substitute to SB 180:
Amend substitute to SB 180 by inserting in section 3 in the first sentence thereof, between the words "be" and "necessary" the word "reasonably" so that said Section as amended shall read as follows:
"The State Board of Education shall adopt and prescribe all rules, regulations and policies required by provisions of this Act, and shall adopt and prescribe such other rules, regulations and poli cies as may be reasonably necessary or advisable for proper imple mentation, enforcement and carrying out of provisions of this Act and other public school laws, or for assuring a more economical and efficient operation of the public schools of this State, or any phase of public education in the public schools of this State. The State Board shall establish and enforce minimum standards for operation of all phases of public school education in Georgia and for operation of all public elementary and secondary schools and local units of school administration in Georgia so as to assure, to the greatest ex tent possible, equal and adequate educational programs, offerings, opportunities and facilities for all Georgia's children and youth, and economy and efficiency in administration and operation of public schools and public school systems throughout the State. The State Board shall have the power to perform all duties and to exercise all responsibilities vested in it by provisions of law for the improve ment of public education in the public elementary and secondary schools of Georgia. All rules, regulations, policies and standards adopted or prescribed by the State Board in carrying out the provi sions of this Act and other school laws shall, if not in conflict there with, have the full force and effect of law."

On the adoption of the amendment to the substitute to SB 180, the ayes were 43, nays 0, and the amendment to the substitute was adopted.

On the adoption of the substitute to SB 180, as amended, the ayes were 46, 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 47, nays 0.

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

Senator Broun of the 46th asked unanimous consent that SB 180 be immedi ately transmitted to the House.
The consent was granted.

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101

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 180.
Respectfully submitted,
Pelham of the 10th District,
Chairman.

Senator Carlton of the 21st 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.

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Senate Chamber, Atlanta, Georgia, Thursday, January 23, 1964.

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 Tom Watson, District Superin tendent, Statesboro, Georgia.

Prayer was offered by Dr. 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 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 Carlton of the 21st 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:

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103

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.

HB 720. By Mr. Twitty of Mitchell:
A bill to amend an act relating to the limitation on the amount of ad valorem tax which municipalities may levy for ordinary current expenses, so as to provide that the City of Pelham shall not be affected by the provisions; and for other purposes.

HB 725. By Mr. Jones of Lumpkin:
A bill to amend an act making it unlawful to sell certain automobiles unless they shall be equipped with safety belts required by this act may be installed by the manufacturer or by the dealer; and for other purposes.

HB 751. By Messrs. Walker and Gibbons of Lowndes:
A bill to amend an act empowering cities, towns and counties to pro vide, supervised recreation systems, so as to provide that any munici pality shall have the authority to levy a tax in excess of any limitation contained in its municipal charter if a referendum is held; and for other purposes.

HB 754. By Mr. Henderson of Atkinson:

,

A bill to amend an act creating the office of Tax Commissioner of Atkinson County, so as to change the compensation of said tax com missioner; and for other purposes.

HB 760. 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 define its jurisdiction and powers; and for other purposes.

HB 761. By Messrs. Lowrey and Jordan of Floyd:
A bill to amend the charter of the City of Rome, so as to provide addi tional retirement benefits for an employee who becomes totally arid permanently disabled to discharge his duties; and for other purposes.

HR 184. By Mr. Underwood of Montgomery:
A resolution proposing an amendment to the constitution so as to pro vide that the Board of Commissioners of Roads and Revenues or other governing authorities in all counties shall have the right to assess license fees from all persons; and for other purposes.

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HR 342. By Messrs. Smith of Whitfield and Richardson of Chatham:
A resolution to amend a resolution creating the "Election Laws Study Committee," so as to clarify the provisions relating to compensation for certain members; and for other purposes.

SB 175. By Senator Webb of the llth:
A bill to amend an act known as the "Hospital Authorities Law," so as to extend the period of time for which revenue certificates may be issued by hospital authorities; and for other purposes.

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

SB 206. By Senator Pennington of the 45th:
A bill relating to invitees and licensees, so as to define and limit the duty of care owed by an owner or occupier of land to persons using his property for outdoor recreational purposes; to repeal conflicting laws; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

SB 207. By Senator Miller of the 50th:
A bill creating the office of Commissioner of Roads and Revenues in and for the County of Pickens, so as to abolish said office; to create the office of Commissioner of Roads and Revenues for Pickens County; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 208. By Senator Miller of the 50th:
A bill to prohibit the unauthorized cutting, digging, or removal of ornamental plants and trees from private property without the per mission of the owner thereof; to provide for transporting such orna mental plants and trees; to provide for a penalty; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.

SB 209. By Senators Johnson of the 38th, Salome of the 36th, Wesberry of the 37th, Maclntyre of the 40th, Brown of the 34th, Coggin of the 35th, Brewer of the 39th, Johnson of the 42nd, McWhorter of the 43rd, and Conway of the 41st:
A bill providing a system of pensions and other benefits for members of fire departments in cities having a population of more than 150,000 by the U. S. Census of 1920, and the several acts amendatory thereof; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

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105

SR 152. By Senator Carlton of the 21st:
A resolution creating the Senate Committee on Economy, Reorganiza tion and Efficiency in State Government, so as to increase the mem bership of said committee; and for other purposes.
Referred to Committee on Rules.

SR 153. By Senators Knox of the 24th, Carter of the 14th, Broun of the 46th, Plunkett of the 30th, Hall of the 52nd, Lee of the 47th, and many others:
A resolution proposing an amendment to the Constitution so as to require that the Governor shall select one of three qualified persons from each congressional district elected by members of the school boards in the congressional district for appointment to the State Board of Education to represent said congressional district on the State Board of Education; and for other purposes.
Referred to the Committee on Rules.

SR 154. By Senators Downing of the 1st, and Byrd of the 17th:
A resolution authorizing the widening of U. S. Highway 17 into a four lane highway in a certain location in Chatham County, Georgia; and for other purposes.
Referred to Committee on Highways.

HB 720. By Mr. Twitty of Mitchell:
A bill to amend an act relating to the limitation on the amount of ad valorem tax which municipalities may levy for ordinary current ex penses, so as to provide that the City of Pelham shall not be affected by the provisions; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 725. By Mr. Jones of Lumpkin:
A bill to amend an act making it unlawful to sell certain automobiles unless they shall be equipped with safety belts required by this act may be installed by the manufacturer or by the dealer; and for other purposes.
Referred to Committee on Industry and Labor.

HB 751. By Messrs. Walker and Gibbons of Lowndes:
A bill to amend an act empowering cities, towns and counties to pro vide, supervised recreation systems, so as to provide that any munici pality shall have the authority to levy a tax in excess of any limita tion contained in its municipal charter if a referendum is held; and for other purposes.
Referred to Committee on Rules.

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HB 754. By Mr. Henderson of Atkinson:
A bill to amend an act creating the office of tax commissioner of Atkinson County, so as to change the compensation of said tax com missioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 760. 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 define its jurisdiction and powers; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 761. By Messrs. Lowrey and Jordan of Floyd:
A bill to amend the charter of the City of Rome, so as to provide addi tional retirement benefits for an employee who becomes totally and permanently disabled to discharge his duties; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 184. By Mr. Underwood of Montgomery:
A resolution proposing an amendment to the Constitution so as to provide that the Board of Commissioners of Roads and Revenues or other Governing authorities in all counties shall have the right to assess license fees from all persons; and for other purposes.
Referred to Committee on Rules.

HR 342. By Messrs. Smith of Whitfield and Richardson of Chatham:
A resolution to amend a resolution creating the "Election Laws Study Committee", so as to clarify the provisions relating to compensation for certain members; and for other purposes.
Referred to Committee on Rules.

The following bills and resolutions were read the second time:

SB 201. By Senator Kidd of the 25th:
A bill relating to licenses for motor vehicles, so as to provide for the issuance of a permanent license plate; to provide the procedure con nected therewith; to repeal conflicting laws; and for other purposes.

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107

SB 202. By Senators Brown of the 34th, Heard of the 29th, and McWhorter of the 43rd:
A bill relating to the method of indictment of County public officers for malpractice in office; to repeal conflicting laws; and for other purposes.

SB 203. By Senators Brown of the 34th, Heard of the 29th, and McWhorter of the 43rd:
A bill reorganizing the State Law Department so as to withdraw the right of any State official charged with misfeasance or malfeasance in office to appear before the grand jury before an indictment for such offenses shall be laid before said grand jury; and for other purposes.

SB 204. By Senators Searcey of the 2nd, and Tribble of the 3rd:
A bill revising, altering and amending the several acts incorporating the Mayor and Councilmen of the Town of Tybee, so as to change voter qualifications and qualifications for candidates for councilmen; to repeal conflicting laws; and for other purposes.

SB 205. By Senator Fuqua of the 22nd and Zorn of the 6th:
A bill to provide for the comprehensive regulation of federal, state and county elections, and of primaries to nominate candidates for federal, state and county offices, and to provide for the comprehensive regulation of any federal, state and county primary or election for any other purpose whatsoever; and for other purposes.

HB 523. By Messrs. Williams of Hall, Story of Gwinnett, Bowen of Dawson, Smith of Forsyth, Overby of Hall, Morgan of Gwinnett and Jones of Lumpkin:
A bill to amend an act creating the Lake Lanier Islands Development Authority; and for other purposes.

HB 660. By Messrs. Bell, Fleming and Hull of Richmond:
A bill to amend an act relating to additional duties of the clerks of the superior courts, so as to provide that said clerk may provide a suitable cross-reference card-index system for the records; and for other purposes.

HB 692. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill to provide for the extending of the limitations of time within which certain actions may be commenced under certain conditions; and for other purposes.

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HB 721. By Mr. Twitty of Mitchell:
A bill to amend an act so as to increase the maximum millage levy for educational purposes in the City of Pelham; and for other pur poses.

HB 724. By Mr. Brown of Hart:
A bill to amend an act creating the office of Commissioner of Roads and Bridges for Hart County, so as to provide that the members of the Board of Finance for Hart County shall be elected by the electors of Hart County; and for other purposes.

HB 726. By Messrs. House and Groover of Bibb, Clarke of Monroe, Bagby of Paulding, Mixon of Irwin and Killian of Glynn:
A bill to amend an act relating to the construction of contracts, so as to provide for certain rules of interpretation to be applied in arriving at the true meaning of contracts; and for other purposes.

HB 727. By Messrs. Melton and Bolton of Spalding:
A bill to amend the charter of the City of Griffin, by enlarging the present city boundaries and corporate limits by the annexation of certain described property; and for other purposes.

HB 728. By Messrs. Melton and Bolton of Spalding:
A bill to amend the charter of the City of Griffin, relating to elections; and for other purposes.

HB 729. By Messrs. Melton and Bolton of Spalding:
A bill to amend the charter of the City of Griffin, relating to the Griffin Retirement Pension Act; and for other purposes.

HB 733. By Mr. Byrd of Walton:
A bill to amend an act incorporating the City of Monroe, so as to authorize and empower the mayor and council to close that portion of W. Church Street; and for other purposes.

HB 734. By Mr. Byrd of Walton:
A bill to amend an act incorporating the City of Monroe and define its limits, so as to change the salary of the mayor; and for other purposes.

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109

HB 735. By Mr. Byrd of Walton:
A bill to amend an act incorporating the City of Monroe, so as to pro vide that the councilmen of said city shall be elected by the qualified voters of the entire city; and for other purposes.

HB 739. 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 authorize the mayor and council of the City of Athens to convey or donate a certain tract of land belonging to the City of Athens to the United States of America; and for other purposes.

The following resolutions were read and adopted:

SR 150. By Senator Webb of the llth:
A resolution extending an invitation to Senator Richard B. Russell to address a joint session of the House and Senate.

SR 151. By Senator Webb of the llth:
A resolution extending an invitation to Senator Herman E. Talmadge to address a joint session of the House and Senate.

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 191. Do pass as amended. SR 144. Do pass. SR 145. Do pass. SR 146. Do pass. SR 149. Do pass.
Respectfully submitted, Rowan of 8th District, Secretary.

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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 of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:

SB 185. Do pass.

SB 188. Do pass.

SB 189. Do pass.

HB 712. Do pass.

Respectfully submitted,

Brown of 34th District,

Chairman.

Mr. Kendrick of the 32nd District, Chairman of the Committee on Edu cational Matters, submitted the following report:
Mr. President:
Your Committee on Educational Matters has had under consideration the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 198. Do pass as amended. 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 bill of the Senate and has instructed me Chairman, to report the same back to the Senate with the following recommendation:

SB 178. Do pass.

Respectfully submitted,

Smalley of 28th District,

Chairman.

THURSDAY, JANUARY 23, 1964

111

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

SR 144. By Senators Webb of the llth, Carlton of the 21st and Jackson of the 16th:
A RESOLUTION
Proposing an amendment to the Constitution of Georgia so as to change provisions relating to debts, additional debt and temporary loans that may be incurred by county school districts and area school districts; 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. Paragraphs I, III and IV of Section VII of Article VII of the Constitution of Georgia, as amended, are hereby amended by striking Paragraphs I, III and IV in their entirety and inserting in lieu thereof new Paragraphs I, III and IV to read as follows:
"Paragraph I. Debts of counties and cities. The debt here after incurred by any county, municipal corporation or political division of this State, except as in this Constitution provided for, shall never exceed seven per centum of the assessed value of all the taxable property therein, provided, however, that the debt that may thereafter be incurred by a county school district or area school district may be in an amount not to exceed ten per centum of the assessed value of all the taxable property therein, and no such county, municipality or division shall incur any new debt except for a temporary loan or loans, to supply casual deficiencies, of revenue, not to exceed one-fifth of one per centum of the assessed value of the taxable property therein, without the assent of a majority of the qualified voters of the county, municipality or other political subdivision voting in an election for that pur pose to be held as prescribed by law; and provided further that all laws, charter provisions and ordinances heretofore passed or en acted providing special registration of the votsrs of counties, municipal corporations and other political divisions of this State to pass upon the issuance of bonds by such counties, municipal cor porations and other political divisions are hereby declared to be null and void; and the General Assembly shall hereafter have no power to pass or enact any law providing for such special registra tion, but the validity of any and all bond issues by such counties, municipal corporations or other political divisions made prior to January 1, 1945, shall not be affected hereby; provided, that any county or municipality of this State may accept and use funds granted by the Federal Government, or any agency thereof, to aid in financing the cost of architectural, engineering, economic investigations, studies, surveys, designs, plans, working drawings, specifications, procedures, and other action preliminary to the construction of public works, and where the funds so used for the

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purposes specified are to be repaid within a period of ten years. Every county is hereby empowered to create debt, by way of bor rowing from private individuals, firms, corporations, or partner ships, as well as from the State, for the purpose of paying the whole or part of the cost of property valuation and equalization programs for ad valorem tax purposes; to contract for the repay ment thereof and to issue notes or other like instruments as evi dence of the obligation to repay the debt so contracted without being subject to any limit as to amount of such debt so created and without the necessity of approval thereof by the qualified voters of that county; provided nevertheless that the debt shall be payable in one or more equal installments, one of which shall fall due at least each year, but which may fall due each month, the last of which shall mature not more than seven years from the date of creation and shall not bear interest in excess of five (5%) per cent per annum on unpaid principal; and a tax shall be levied on the taxable property of the county as may be needed to repay such debt so created; provided, however, that no county shall be empowered to create debt under the provisions of this paragraph for the purposes of a property valuation and equalization program until such program and all contracts to be entered into pursuant thereto shall have been approved by the State Revenue Commis sioner, and until such county shall have entered into an agreement with the State Revenue Commissioner that such program shall be carried out in accordance with such rules and regulations pertain ing to such programs as may be promulgated by the Commissioner.

"Paragraph III. Additional debt authorized, when. In addition to the debt authorized in Paragraph I of this section, to be created by any county, municipal corporation or political subdivision of this State, a debt may be incurred by any county, municipal corpora tion or political subdivision of this State, in excess of the debt authorized in Paragraph I of this section, upon the following con ditions: Such additional debt, whether incurred at one or more times, shall not exceed in the aggregate, three per centum of the assessed value of all the taxable property in such county, munici pality or political subdivision; such additional debt shall be pay able in equal installments within five years next succeeding the issuance of the evidences of such debt; there shall be levied by the governing authorities of such county, municipality or political subdivision prior to the issuance of such additional debt, a tax upon all of the taxable property within such county, municipality or political subdivision collectible annually, sufficient to pay in full the principal and interest of such additional debt when as due; such tax shall be in addition to and separate from all other taxes levied by such taxing authorities, and the collections from such tax shall be kept separate, and shall be held, used and applied solely for the payment of the principal and interest of such addi tional indebtedness; authority to create such additional indebted ness shall first have been authorized by the General Assembly; the creation of such additional indebtedness shall have been first authorized by a vote of the registered voters of such county, municipality or political subdivision at an election held for such purpose, pursuant to and in accordance with the provisions of this Constitution and of the then existing laws for the creation of a

THURSDAY, JANUARY 23, 1964

113

debt by counties, municipal corporations, and political subdivisions of this State, all of which provisions, including those for calling, advertising, holding and determining the result of, such election and the votes necessary to authorize the creation of an indebted ness, are hereby made applicable to an election held for the pur pose of authorizing such additional indebtedness.

"Paragraph IV. Temporary loans authorized; conditions. In addition to the obligations hereinbefore allowed, each county, mu nicipality, political subdivision of the State authorized to levy taxes, and county or area board of education, is given the author ity to make temporary loans between January 1st and December 31st in each year to pay expenses for such year, upon the follow ing conditions: The aggregate amount of all such loans of such county, municipality, political subdivision or county or area board of education outstanding at any one time shall not exceed 75 per cent of the total gross income of such county, municipality, po litical subdivision or county or area board of education, from taxes collected by such county, municipality, political subdivision or coun ty or area board of education in the last preceding year. Such loans shall be payable on or before December 31st of the calendar year in which such loan is made. No loan may be made in any year under the provisions of this paragraph when there is a loan then unpaid which was made in a prior year under the provisions of this paragraph. Each such loan shall first be authorized by resolution fixing the terms of such loan adopted by a majority vote of the governing body of such county, city, political sub division, or county or area board of education, at a meeting legally held, and such resolution shall appear upon the minutes of such meeting. No such county, municipality, subdivision or county or area board of education shall incur in any one calendar year, an aggregate of such temporary loans and other contracts or obliga tions for current expenses, in excess of the total anticipated reve nue of such county, municipality, subdivision, or county or area board of education for such calendar year, or issue in one calendar year notes, warrants or other evidences of such indebtedness in a total amount in excess of such anticipated revenue for such year."

Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken there on, 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 change provisions relating to debt and temporary loans that may be incurred by county school districts and area school districts."

"Against ratification of amendment to the Constitution so as to

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change provisions relating to debt and temporary loans that may be incurred by county school districts and area school districts."

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 of 46th Brown of 34th Byrd Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gillis Harrison Heard Holloway

Hunt Johnson of the 42nd Johnson of 38th Kendrick Kidd Knox Lee Maclntyre Miller Moore McKinnon Oliver Owens Pelham Pennington Phillips

Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Thomas 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 46, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

THURSDAY, JANUARY 23, 1964

115

SR 146. By Senators Webb of the llth, Carlton of the 21st and Jackson of the 16th:

A RESOLUTION

Proposing an amendment to the Constitution so as to create a Georgia State Scholarship Commission to be authorized and empowered to activate, inaugurate and conduct a program to provide for the grant ing of scholarships to students desiring to study courses in the para medical field and other professional and educational fields; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following:
"There is hereby created the Georgia State Scholarship Com mission, which shall be composed of seven (7) members, appointed by the Governor and confirmed by the Senate. One member shall be appointed from each of the professions of Dentistry, Nursing, Pharmacy, Social Work, Medicine, Hospital Administration and one member from other professional or educational fields partici pating in the scholarship program. For the initial appointments hereunder, two members shall be appointed for terms of five (5) years each; two members shall be appointed for terms of six (6) years each; and three members shall be appointed for terms of seven (7) years each. Thereafter, all appointments shall be for seven (7) years each. Vacancies for any cause shall be filled by the Governor for the remainder of the unexpired term, subject to confirmation by the Senate. All appointments made when the Sen ate is not in session shall be effective ad interim. The Executive Secretary of the Board of Regents of the University System of Georgia shall be the Executive Director and Treasurer of the Com mission, with authority to employ all necessary personnel and to administer the program conducted by the Commission. The Chair man of the Commission shall be authorized to appoint sub-com mittees to assist in the selection of recipients for scholarships. The Commission is hereby authorized and empowered to appoint a Chairman and Vice Chairman, to provide compensation, to grant scholarships to qualified students who are domiciled in Georgia and who otherwise would be unable to pursue a program of study in such fields as Dentistry, Social Work, Nursing, Pharmacy, Physical Therapy, Medical Technology, Hospital Administration, Dietetics, X-Ray Technology, other courses of study in the para medical field and other professional and educational fields of study as may be provided by law, with the exception of the program leading to the degree of Doctor of Medicine, and to have s'lch other duties, powers, authority and jurisdiction relative to the foregoing as may be provided by law.
"The General Assembly is authorized and empowered to appro priate funds to the Georgia State Scholarship Commission for the

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purposes set forth in this provision and for the purposes of imple menting any Act which becomes law as authorized by this pro-

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 create a Georgia State Scholarship Commission to be authorized and empowered to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to study courses in the paramedical field and other professional and educational fields.
"Against ratification of amendment to the Constitution so as to create a Georgia State Scholarship Commission to be authorized and empowered to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to study courses in the paramedical field and other professional and educational fields."
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 of 46th Brown of 34th

Byrd Carlton Carter

Coggin Conway Downing

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Ellis Gayner Gillis Heard Holloway Johnson of 42nd Johnson of 38th Kendrick Kidd Knox Lee

Maclntyre Miller McKinnon McWhorter Oliver Owens Pennington Phillips Plunkett Rowan Salome

Scott Searcey Smalley Spinks Thomas 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 41, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
SR 149. By Senator Johnson of the 38th: A resolution ratifying the proposed amendment to the Constitution of the United States relating to the qualifications of electors; 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, Senator Johnson of the 38th 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:

Brewer Broun of 46th Brown of 34th Byrd Carlton Carter Coggin Conway

Downing Ellis Fincher Gayner Gillis Harrison Heard Holloway

Hunt Johnson of 42nd Johnson of 38th Kendrick Kidd Knox Lee Maclntyre

118
Miller Moore McKinnon Oliver Owens Pelham Pennington

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Phillips Plunkett Rowan Salome Scott 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 44, nays 0.

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

Senator Johnson of the 38th asked unanimous consent that SR 149 be imme diately transmitted to the House.

The consent was granted.

SB 198. By Senators Carlton of the 21st, Jackson of the 16th, Webb of the llth and others:
A bill to create the Georgia Educational Improvement Council; to pro vide for appointment and terms of members; to define purpose; to repeal conflicting laws; and for other purposes.
The Committee on Educational Matters offered the following amendment:
Amend SB 198 by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. To assure continued statewide interest in and motivational force for the continued improvement of educational opportunities in Georgia, there is hereby created a Georgia Edu cational Improvement Council which shall be composed of twelve members, as follows: The chairman of the State Board of Educa tion and the chairman of the State Board of Regents; the State Superintendent of Schools and the Chancellor of the University System of Georgia; the chairman of the House and Senate educa tion committee; and six influential and respected citizens from the state at large who have demonstrated knowledge of and inter est in the educational opportunities of and the long-range educa tional problems confronting the State of Georgia and its citizens, to be appointed by the Governor for a four year term, except that

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initially one person shall be appointed for a one (1) year term, one person for a two (2) year term, one person for a three (3) year term, one person for a four (4) year term, one person for a five (5) year term, and one person for a six (6) year term, each of said initial terms to date from June 1, 1964. Council members appointed from the public at large shall hold office for the term of their appointment and until their successors are appointed and qualify, and shall be eligible for reappointment."

On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was adopted.

Senator Carlton of the 21st asked unanimous consent that action on SB 198 be postponed to January 27, 1964.

The consent was granted.

SB 191. By Senators Webb of the llth, Carlton of the 21st and Jackson of the 16th:
A bill to require the State Revenue Commission to establish an equal ized adjusted school property tax digest for each county in the State and for the State as a whole, excluding therefrom real and personal property exempted from taxation for school purposes; and for other purposes.

Senator Carlton of the 21st asked unanimous consent that SB 191 be recommitted to the Committee on Rules.

The consent was granted.
SB 178. By Senator Zorn of the 6th: A bill to amend code section 10-301 relating to the time for filing exceptions to reports of auditors and to the content of such exceptions, so as to provide for the manner of having the time for filing such exceptions extended; to repeal conflicting laws; 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 30, nays 0.

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

Senator Carlton of the 21st 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.

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121

Senate Chamber, Atlanta, Georgia, Friday, January 24, 1964.

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 Dr. Guy Hutcherson, pastor, First Metho dist Church, Moultrie, Georgia.

Prayer was offered by Reverend W. T. Booth, pastor, Brookhaven 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 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 Carlton of the 21st 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 report of an interim committee, appointed during the 1963 session of the General Assembly, was submitted and read by the secretary:

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TO: THE 1964 SESSION OP THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA

REPORT OF THE ELECTION LAWS STUDY COMMITTEE

The Election Laws Study Committee was created by a Resolution of the General Assembly approved April 12, 1963 (Ga. Laws, 1963, pp. 492-494). This Assembly has charged the Committee with the duty of formulating a complete revision and recodification of the primary and election laws of Georgia. In fulfill ing this duty, the Committee has prepared a 193 page bill providing for the comprehensive regulation of federal, state and county elections and of primaries to nominate candidates for federal, state and county offices. This Bill was in troduced yesterday in the House of Representatives and was designated HB 830, and was introduced today in the Senate and was designated SB 205. The back ground and salient features of this Bill will now be described.

The Committee has been confronted with a great task in preparing a revision of Georgia's primary and election laws. Our State has never had a comprehensive set of laws on this subject and, consequently, the present ones are a hodgepodge of local and general laws which have haphazardly accumulated for over a century. They are so complex and obscure that virtually every primary and election calls for a rash of legal opinions from government attorneys. These factors, and a comparison of our laws with those of other states, clearly illustrate that our primary and election laws are among the worst in the Nation.

Since its organizational meeting on June 12, 1963, the Committee has held numerous meetings in Atlanta and has held public hearings there and in Columbus, Rome, Savannah and Valdosta.

On October 25, 1963, the Committee published its first draft of its proposed election code and distributed copies to the members of the General Assembly, the Ordinaries, the Boards of Registrars, and other interested parties. The Committee has received and incorporated into the Bill, many valuable suggestions from these sources and from the public. Furthermore, the Committee and its staff have diligently studied the primary and election laws of other states and have thereby gained many important techniques for improving our laws.

The Committee has striven to the best of its ability to devise a simplified and comprehensive code of laws, written in plain language, that will secure purity and fairness in all primaries and elections. This effort has produced the present Bill (193 pages), which is largely a condensation of the present laws on this subject which number well over a 1000 pages (see Section 34-2001).

In analyzing the Bill, we should first realize that it must comply in all re spects with the present Constitution because a new constitution cannot become effective until it is ratified by the people at a general election. Furthermore, the present Constitution fixes the residence requirements and literacy qualifica tions for voting and, therefore, changes in these matters cannot now be made by statute, but must await initial change in the Constitution.

The more significant changes from present law contained in this Bill are as follows.

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The Bill designates the Secretary of State as the ex officio Commissioner of Elections (Section 34-201) and empowers him to promulgate, consistent with law, rules and regulations that are conducive to the uniform, fair and orderly conduct of primaries and elections [Section 34-202 (b)]. He is also authorized to take over the conduct of a primary or election within a county when he has reason to be lieve, after a hearing, that the laws governing the conduct of same will not be fairly and properly enforced within the county (Section 34-204). Adequate judicial review of this procedure is provided in order to promptly curb any abuse
of discretion by the Commissioner [Section 34-204 (f) (g)].

The Bill requires the grand jury of each county to appoint four watchers for each election district within the county. The board of registrars is then required to assign two of these watchers to an election district when twenty-five or more electors thereof petition for their assignment as a reasonable precaution to secure the fairness of any primary or election to be held within the district. When so assigned, the two watchers are required to observe the poll officers in the performance of their duties and to report any irregularities. Section 34-512.

The Bill reduces the voters' registration deadline from six months prior to a November general election to approximately four months before, by fixing the deadline at July 1 (Section 34-611). The same deadline would apply for the September primary (Section 34-624).

The Bill eliminates the difficult thirty-question voter qualification test from the statute, and places the responsibility for preparing such a test on the Com missioner of Elections (Section 34-618). The Committee expects that the Com missioner will devise a suitable ten-question test to determine an applicant's knowledge of basic facts concerning the Federal and State Governments.

Present law limits absentee voter registration to members of the armed forces and their dependents. The Bill expands this privilege, in accordance with the federal recommendation, to include Georgia residents (and their dependents) temporarily residing outside of the State when they are members of the merchant marine, federal employees, or members of welfare agencies assisting members of the armed forces (Section 34-619).

The Bill authorizes the ordinary to create election districts to suit the con venience of voters (Section 34-702). The present law in many instances requires that the boundaries of election districts coincide with those of militia districts and city wards -- a practice which generally results in the neglect of voter con venience.

The Bill requires that all primaries for the nomination of candidates to seek office in a November general election must be held on the second Wednesday in September; but excepts from this requirement early primaries held or to be held to nominate candidates for membership in the House of Representatives or for county offices to be filled in the 1964 November General Election (Section 34-801).
The Bill requires political organizations to register with the Secretary of State so that their identity can be determined (Section 34-901).
The Bill requires candidates seeking party nomination in general primaries (Section 34-1006), or seeking public office in general elections [Section 34-1001

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(b)], to qualify at least forty-five days prior to the primary or election. In the case of special primaries or elections, sych qualification deadline is reduced to fifteen days [Sections 34-1001 (b) and 34-1006]. Candidates seeking to qualify by petition are required to file at least sixty-five days prior to the general election in order to provide sufficient time for checking the accuracy of the petition, and to avoid any delay in the printing and mailing of absentee ballots upon the ex piration of the forty-five day deadline for other candidates [Section 34-1001 (b)].
The minimum number of signatures required on a petition has been reduced by the Bill from 5% of the registered voters of the area involved in the last general election to 3% of such voters [Section 34-1010(b)].
The marking of paper ballots has been greatly simplified in the Bill by permitting voters to either vote straight party tickets or, in the case of those desiring to split their tickets, to place an "X" by the name of each person voted for [Section 34-1103(b)].
The use of voting machines has been liberalized in the Bill by leaving the question of their use to local determination (Sections 34-1202 and 34-1203).
Also, the Bill tightens up the requirements for voter identification at the polls during primaries and elections (Section 34-1302), and limits voters assist ance at the polls to those who are physically disabled (Section 34-1317).
The Bill tightens up the absentee voting procedure by placing its administra tion under the board of registrars (Chapter 34-14), and by eliminating acknowl edgments of absentee voting by notary publics (Section 34-1406).
The Bill requires that a candidate must receive a majority vote in order to obtain party nomination in a primary or to be elected to public office in an election (Section 34-1514).
The Bill expands the vote recount procedure to include both primaries and elections (Section 34-1701).
The Committee is deeply appreciative of the great public interest shown in its work, and hopes that the Bill will meet with the approval of the Governor, the General Assembly, and the people of Georgia.
The Committee believes it to be in the best interest of the people for the Bill to be enacted at this Session with such changes as the Legislature deems advisable.
/s/ Ben W. Fortson, Jr. Ben W. Fortson, Jr. (Secretary of State) Chairman, Election Laws Study Committee
January 22, 1964

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 & Senate to-wit:

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HB 774. By Mr. Bynum of Rabyn:
A bill to provide for a secretarial assistant for the Clerk of the Superior Court of Rabun County; and for other purposes.

HB 775. By Mr. DeVane of Schley:
A bill to amend an act creating a new charter for the City of Ellaville, so as to change the corporate limits; and for other purposes.

HB 776. By Mr. Hall of Lee:
A bill to amend an act providing for a Charter for the City of Smithville, so as to provide the hours during which the polls for elections shall be open in said City; and for other purposes.

HB 779. By Mr. Jones of Liberty:
A bill to provide for the appointment and terms of office of members of the Liberty County Industrial Authority; and for other purposes.

HB 781. By Mr. Kirkland of Tattnall: A bill to provide in Tattnall County for the recording, keeping and pre servation of family histories; and for other purposes.
HB 782. By Messrs. Shea, Punk and Richardson of Chatham: A bill to amend an act relating to and incorporating the Mayor and Aldermen of the City of Savannah so as to extend the corporate limits; and for other purposes.
HB 783. By Messrs. Richardson, Shea and Funk of Chatham: A bill to amend an act relating to the Charter of the Mayor and Alder men of the City of Savannah and police jurisdiction; and for other purposes.
HB 784. By Messrs. Richardson, Funk and Shea of Chatham: A bill to amend an act relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to remove therefrom procedures for collection charges for certain services performed by said city and their disposition; and for other purposes.
HB 788. By Mr. Twitty of Mitchell: A bill to amend an act relating to the Charter of Pelham, so as to pro vide for a system of public schools; and for other purposes.

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HB 794. By Mr. Moate of Hancock:
A bill to amend an act so as to change the compensation of the tax commissioner of Hancock County; and for other purposes.

HB 796. By Mr. Smith of Grady:
A bill to amend an act providing for a health insurance play for State employees, so as to provide for coverage of employees previously re jecting such coverage; and for other purposes.

HB 800. By Messr. Smith of Grady and Bolton of Spalding:
A bill to amend an act creating the office of Solicitor General Emeritus and the Solicitors' General Retirement Fund; and for other purposes.

HB 801. By Messrs. Smith of Grady and Bolton of Spalding:
A bill to amend an act creating the office of Judge of the Superior Courts, Emeritus, and the Superior Court Judges Retirement Fund of Georgia; and for other purposes.

HR 349. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution relating to the Resources Advisory Board, Southeast River River Basins to authorize the appointment of a Representative from Georgia on said board; and for other purposes.
HR 355. 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 Ga. Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and Testaments until the next meeting of the General Assembly; and for other purposes.
HB 799. 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 the permission of the Governor of the State of Ga.; and for other purposes.
HB 746. By Messrs. Coker and Pope of Cherokee, and others:
A bill to make it unlawful for any person to abandon any domestic animal, including dogs; and for other purposes.

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127

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

SB 210. By Senator Oliver of the 4th:
A bill to provide that the whole costs of the case and expenses of the trial involving an inmate of the state prison system shall be borne by the State Board of Corrections under certain conditions; to repeal conflicting laws; and for other purposes.
Referred to Committee on Penal and Correctional Affairs.

SB 211. By Senators Mclntyre of the 40th, Coggin of the 35th, Johnson of the 38th, Salome of the 36th, Wesberry of the 37th, Brown of the 34th, and Brewer of the 39th:
A bill establishing a new charter for the City of Roswell, so as to change the corporate limits of said City; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 212. By Senators Webb of the llth, Lee of the 47th, and Hall of the 52nd: A bill to provide for determinate sentences for a specific number of years in jury cases of felonies not punishable by life imprisonment and to repeal all laws or parts of laws in conflict therewith.
Referred to Committee on Penal and Correctional Affairs.
SB 213. By Senators Webb of the llth, Lee of the 47th, and Hall of the 52nd: A bill redefining the punishment for misdemeanor, to provide that the sentencing Courts shall retain jurisdiction over certain sentences; to repeal all laws or parts of laws in conflict therewith; and for other purposes.
Referred to the Committee on Penal and Correctional Affairs.
SB 214. By Senators Webb of the llth, Lee of the 47th, and Hall of the 52nd: A bill to provide that the State Board of Pardon and Paroles shall only consider for parole certain misdemeanants and felons and to repeal all laws or parts of laws in conflict therewith.
Referred to the Committee on Penal and Correctional Affairs.
SB 215. By Senators Webb of the llth, Lee of the 47th, and Hall of the 52nd: A bill providing that the State Board of Corrections shall have no authority over persons sentenced to county imprisonment facilities and to repeal all laws or parts of laws in conflict therewith.
Referred to Committee on Penal and Correctional Affairs.

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SB 216. By Senators Webb of the llth, Lee of the 47th, and Hall of the 52nd:
A bill providing how prisoners who are the sole responsibility of a county may be confined; and to repeal all laws or parts of laws in conflict therewith.
Referred to the Committee on Penal and Correctional Affairs.

SB 217. By Senators Webb of the llth, Lee of the 47th, and Hall of the 52nd:
A bill to prescribe good time allowances and extra good time allowances for prisoners incarcerated under county jurisdiction; to repeal all laws in conflict herewith and for other purposes.
Referred to the Committee on Penal and Correctional Affairs.

SB 218. By Senators Webb of the llth, Lee of the 47th, and Hall of the 52nd:
A bill to provide for concurrent sentences; and to repeal all laws or parts of laws in conflict therewith.
Referred to the Committee on Penal and Correctional Affairs.

SB 219. By Senators Webb of the llth, Lee of the 47th, and Hall of the 52nd:
A bill comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections, so as to provide for a statutory good time allowance for the first year of the sentence of felony prisoners; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Penal and Correctional Affairs.

SB 220. By Senators Webb of the llth, Lee of the 47th, and Hall of the 52nd:
A bill to provide that the Judge, in his discretion, may condition pro bation of convicted felons on a fine of not more than $2,000 where probation is authorized by law; to provide for the repeal of a'll Acts in conflict with this Act.
Referred to the Committee on Penal and Correctional Affairs.

SB 221. By Senators Webb of the llth, Lee of the 47th, and Hall of the 52nd:
A bill to provide that the State Board of Pardons and Paroles may temporarily revoke certain paroles; and to repeal all laws or parts of laws in conflict therewith.
Referred to the Committee on Penal and Correctional Affairs.

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129

SB 222. By Senator Phillips of the 27th:
A bill relating to congressional districts and the composition thereof, so as to designate the counties which shall compose the ten con gressional districts of Georgia; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Rules.

SR 155. By Senators Kidd of the 25th, Hunt of the 26th, and Gillis of the 20th:
A resolution to name the Sixth Congressional District in honor of Hon orable Carl Vinson; and for other purposes.
Referred to the Committee on Rules.

SR 156. By Senators Gordy of the 15th, Johnson of the 42nd, Kidd of the 25th, Maclntyre of the 40th, McKinnon of the 7th, Searcey of the 2nd, Thomas of the 54th, Tribble of the 3rd, and Yancey of the 33rd: A resolution amending the Rules of the Senate; and for other purposes.
Referred to the Committee on Rules.
SR 157. By Senators Webb of the llth, Lee of the 47th, and Hall of the 52nd: A resolution creating a Joint Committee to study work-release plans in other states; and for other purposes.
Referred to the Committee on Penal and Correctional Affairs.
HB 746. By Messrs. Coker and Pope of Cherokee, Smith of Forsyth and Milford of Franklin: A bill to make it unlawful for any person to abandon any domestic animal, including dogs; to provide a penalty; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HB 774. By Mr. Bynum of Rabun: A bill to provide for a secretarial assistant for the clerk of the Superior Court of Rabun County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 775. By Mr. DeVane of Schley: A bill to amend an act creating a new charter for the City of Ellaville, so as to change the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.

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HB 776. By Mr. Hall of Lee:
A bill to amend an act providing for a charter for the City of Smithville, so as to provide the hours during which the polls for elections shall be open in said city; and for other purposes.
Referred to Committee on County and Municipal Governments,

HB 779. By Mr. Jones of Liberty:
A bill to provide for the appointment and terms of office of the Liberty County Industrial Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 781. By Mr. Kirkland of Tattnall:
A bill to provide in Tattnall County for the recording, keeping and preservation of family histories; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 782. By Messrs. Shea, Funk and Richardson of Chatham: A bill to amend an act relating to and incorporating the mayor and aldermen of the City of Savannah so as to extend the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 783. By Messrs. Richardson, Funk and Shea of Chatham: A bill to amend an act relating to the charter of the mayor and aldermen of the City of Savannah, and police jurisdiction; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 784. By Messrs. Richardson, Funk and Shea of Chatham: A bill to amend an act relating to and incorporating the mayor and aldermen of the City of Savannah, so as to remove therefrom procedures for collection charges for certain services performed by said city and their disposition; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 788. By Mr. Twitty of Mitchell: A bill to amend an act relating to the charter of Pelham, so as to proVide for a system of public schools; and for other purposes.
Referred to Committee on County and Municipal Governments.

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131

HB 794. By Mr. Moate of Hancock:
A bill to amend an act approved Feb. 9, 1956, (Ga. L. 1956, p. 2037), so as to change the compensation of the tax commissioner of Hancock County; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 796. By Mr. Smith of Grady:
A bill to amend an act providing for a health insurance plan for state employees, so as to provide for coverage of employees previously re jecting such coverage; and for other purposes.
Referred to Committee on Rules.

HB 799. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb 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 the permission of the Governor; to prohibit the sale of such signs, or emblems; and for other purposes.
Referred to Committee on Rules.
HB 800. By Messrs. Smith of Grady and Bolton of Spalding:
A bill to amend an act creating the office of Solicitor General Emeritus and the Solicitors' General Retirement Fund, so as to provide that interest earned by investment of funds shall be disbursed as benefits before using any general funds of the State for the payment of benefits; and for other purposes.
Referred to Committee on Judiciary.
HB 801. By Messrs. Smith of Grady and Bolton of Spalding:
A bill to amend an act creating the office of the Judge of the Superior Courts, Emeritus and the Superior Court Judges Retirement Fund of Georgia, so as to provide that interest earned by investment of funds shall be disbursed as benefits before using any general funds of the State for the payment of benefits; and for other purposes.
Referred to Committee on Judiciary.
HR 349. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb and others:
A resolution relating to the Resources Advisory Board, Southeast River Basin to authorize the appointment of a representative from Georgia on said Board; and for other purposes.
Referred to Committee on Rules.

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HR 355. 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, dated March 16, 1963, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and Testaments until the next meeting of the General Assembly; and for other purposes.
Referred to Committee on Rules.

The following bills and resolutions were read the second time:

SB 206. By Senator Pennington of the 45th:
A bill relating to invitees and licensees, so as to define and limit the duty of care owed by an owner or occupier of land to persons using his property for outdoor recreational purposes; to repeal conflicting laws; and for other purposes.

SB 207. By Senator Miller of the 50th:
A bill creating the office of Commissioner of Roads and Revenues in and for the County of Pickens, so as to abolish said office; to create the office of Commissioner of Roads and Revenues for Pickens County; to repeal conflicting laws; and for other purposes.

SB 208. By Senator Miller of the 50th:
A bill to prohibit the unauthorized cutting, digging, or removal of ornamental plants and trees from private property without the per mission of the owner thereof; to provide for transporting such orna mental plants and trees; to provide for a penalty; to repeal conflicting laws; and for other purposes.

SB 209. By Senators Johnson of the 38th, Salome of the 36th, Wesberry of the 37th, Maclntyre of the 40th, Brown of the 34th, Coggin of the 35th, Brewer of the 39th, Johnson of the 42nd, McWhorter of the 43rd, and Conway of the 41st:
A bill providing a system of pensions and other benefits for members of fire departments in cities having a population of more than 150,000 by the U. S. Census of 1920, and the several Acts amendatory thereof; to repeal conflicting laws; and for other purposes.

SR 152. By Senator Carlton of the 21st:
A resolution creating the Senate Committee on Economy, Reorganiza tion and Efficiency in State Government, so as to increase the member ship of said Committee; and for other purposes.

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133

SR 153. By Senators Knox of the 24th, Carter of the 14th, Broun of the 46th, Plunkett of the 30th, Hall of the 52nd, Lee of the 47th, and many others:
A resolution proposing an amendment to the Constitution so as to re quire that the Governor shall select one of three qualified persons from each Congressional District elected by members of the school boards in the Congressional District for appointment to the State Board of Education to represent said Congressional District on the State Board of Education; and for other purposes.

SR 154. By Senators Downing of the 1st, and Byrd of the 17th:
A resolution authorizing the widening of U. S. Highway 17 into a four lane highway in a certain location in Chatham County, Georgia; and for other purposes.

HB 720. By Mr. Twitty of Mitchell:
A bill to amend an act relating to the limitation on the amount of ad valorem tax which municipalities may levy for ordinary current ex penses, so as to provide that the City of Pelham shall not be affected by the provisions; and for other purposes.

HB 725. By Mr. Jones of Lumpkin:
A bill to amend an act making it unlawful to sell certain automobiles unless they shall be equipped with safety belts required by this act may be installed by the manufacturer or by the dealer; and for other purposes.

HB 751. By Messrs. Walker and Gibbons of Lowndes:
A bill to amend an act empowering cities, towns and counties to provide, supervised recreation systems, so as to provide that any municipality shall have the authority to levy a tax in excess of any limitation con tained in its municipal charter if a referendum is held; and for other purposes.

HB 754. By Mr. Henderson of Atkinson: A bill to amend an act creating the office of tax commissioner of Atkin son County, so as to change the compensation of said tax commissioner; and for other purposes.
HB 760. 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 define its jurisdiction and powers; and for other purposes.

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HB 761. By Messrs. Lowrey and Jordan of Floyd:
A bill to amend the charter of the City of Rome, so as to provide additional retirement benefits for an employee who becomes totally and permanently disabled to discharge his duties; and for other purposes.

HR 184. By Mr. Underwood of Montgomery:
A resolution proposing an amendment to the Constitution so as to provide that the Board of Commissioners of Roads and Revenues or other Governing authorities in all counties shall have the right to assess license fees from all persons; and for other purposes.

HR 342. By Messrs. Smith of Whitfield and Richardson of Chatham:
A resolution to amend a resolution creating the "Election Laws Study Committee", so as to clarify the provisions relating to compensation for certain members; and for other purposes.

Mr. Scott of the 23rd District, Secretary of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and Welfare had 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 189. Do Pass. SB 187. Do Pass. SB 190. Do Pass As Amended.
Respectfully submitted Scott of 23rd District, Secretary.

Mr. Carlton of the 21st District, Acting Chairman of the Committee on Rules submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bill and resolutions of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SR 152. Do pass. SR 139. Do pass.

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135

SR 147. Do pass. SB 179. Do pass.

Respectfully submitted, Carlton of 21st 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 Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommenda
tions :

SB 207. Do Pass.

SB 209. Do Pass.

HB 713. Do Pass.

HB 714. Do Pass.

HB 715. Do Pass.

HB 716. Do Pass.

HB 717. Do Pass.

HB 718. Do Pass.

HB 719. Do Pass.

HB 721. Do Pass.

HB 724. Do Pass.

HB 727. Do Pass.

HB 728. Do Pass.

HB 729. Do Pass.

HB 733. Do Pass.

HB 734. Do Pass.

HB 735. Do Pass.

HB 760. Do Pass.

HB 739. Do Pass.

Respectfully submitted

Brown of 34th District,

Chairman.

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

SB 185. By Senator Brewer of the 39th, Brown of the 34th, Maclntyre of the 40th, Johnson of the 38th, and others:
A bill to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874, (Ga. Laws 1874, p. 116), and the several acts amendatory thereof; so as to permit the Board of Education of the City of Atlanta to employ counsel, to prescribe certain of his duties; and for other purposes.

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

On the passage of the bill, the ayes were 34, nays 0.

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

SB 188. By Senators Brown of the 34th, Brewer of the 39th, Johnson of the 38th, and others:
A bill to amend an act establishing a new charter for the City of College Park, approved December 16, 1895, (Ga. Laws 1895, p. 251, 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 189. By Senators Brown of the 34th, Brewer of the 39th, Wesberry of the 37th and others: A bill to amend an act establishing a new charter for the City of College Park, approved December 16, 1895, (Ga. Laws 1895, p. 251, 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.

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137

On the passage of the bill, the ayes were 32, nays 0.

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

HB 739. 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 authorize the mayor and council of the City of Athens to convey or donate a certain tract of land belonging to the City of Athens to the United States of America; and for other purposes.

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

On the passage of the bill, the ayes were 28, nays 0.

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

Senator Broun of the 46th asked unanimous consent that HB 739 be im mediately transmitted to the House.

The consent was granted.

HB 712. By Mr. Hill of Meriwether:
A bill to amend an act providing and establishing a charter for the City of Woodbury, so as to authorize the mayor and council to levy and collect an ad valorem tax upon all property in the corporate limits of said city not to exceed twelve mills upon each dollar of valuation.

The report 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 713. By Mr. Sinclair of Macon:
A bill to place the tax receiver of Macon County on a salary basis in lieu of a fee basis; and for other purposes.

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

On the passage of the bill, the ayes were 28, nays 0.

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

HB 714. By Mr. Sinclair of Macon:
A bill to place the clerk of the Superior Court of Macon 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 29, nays 0.

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

HB 715. By Mr. Sinclair of Macon:
A bill to place the coroner of Macon County on a monthly 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 29, nays 0.

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

HB 716. By Mr. Sinclair of Macon: A bill to place the sheriff of Macon 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.

FRIDAY, JANUARY 24, 1964 On the passage of the bill, the ayes were 30, nays 0.

139

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

HB 717. By Mr. Sinclair of Macon:
A bill to place the tax collector of Macon 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 718. By Mr. Sinclair of Macon: A bill to place the ordinary of Macon 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 719. By Mr. Sinclair of Macon: A bill to place the solicitor of the City Court of Oglethorpe of Macon 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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HB 721. By Mr. Twitty of Mitchell:
A bill to amend an act so as to increase the maximum millage levy for educational purposes in the City of Pelham; and for other purposes.

The report 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 724. By Mr. Brown of Hart:
A bill to amend an act creating the office of Commissioner of Roads and Bridges for Hart County, so as to provide that the members of the Board of Finance for Hart County shall be elected by the electors of Hart 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 727. By Messrs. Melton and Bolton of Spalding:
A bill to amend the charter of the City of Griffin by enlarging the present city boundaries and corporate limits by the annexation of cer tain described 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 30, nays 0.

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

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141

HB 728. By Messrs. Melton and Bolton of Spalding:
A bill to amend the charter of the City of Griffin, 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 29, nays 0.

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

HB 729. By Messrs. Melton and Bolton of Spalding:
A bill to amend the charter of the City of Griffin, relating to the Griffin Retirement Pension Act; and for other purposes.

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

On the passage of the bill, the ayes were 28, nays 0.

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

HB 733. By Mr. Byrd of Walton:
A bill to amend an act incorporating the City of Monroe, so as to au thorize and empower the mayor and council to close that portion of W. Church Street; and for other purposes.

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

On the passage of the bill, the ayes were 29, nays 0.

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

HB 734. By Mr. Byrd of Walton:
A bill to amend an act incorporating the City of Monroe and define its limits, so as to change the salary of the mayor; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 0.

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

HE 735. By Mr. Byrd of Walton:
A bill to amend an act incorporating the City of Monroe, so as to provide that the councilmen of said city shall be elected by the qualified voters of the entire city; and for other purposes.

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

On the passage of the bill, the ayes were 29, nays 0.

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

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

SR 147. By Senator Zorn of the 6th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the "Wayne County Industrial Development Authority"; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows:
"A. There is hereby created a body corporate and politic in Wayne County, Georgia, to be known as the Wayne County Industrial Develop-

FRIDAY, JANUARY 24, 1964

143

ment Authority, which shall be an instrumentality of Wayne County and a public corporation and which in this amendment is hereafter re ferred to as the 'Authority';

"B. The authority shall consist of a board of seven directors. The initial directors and their terms of office shall be as follows: Logan Dent, H. Lindsay Grace and John D. Mattox shall serve as directors for a term of six years; Olin Harper and C. M. Knight shall serve as di rectors for a term of four years; and Ernest Knight and A. N. Rogers shall serve as directors for a term of two years. Thereafter the terms of all directors shall be for a period of six years, and the directors herein named who serve an initial term as above stated shall be eligible for reappointment at the expiration of their original terms of office. The Board of Commissioners of Roads and Revenue of Wayne County shall appoint all subsequent directors to membership on the Authority. All vacancies occurring on the Authority shall be filled by the Board of Commissioners of Roads and Revenue of Wayne County for the unexpired term of the director who has vacated his office.

A majority of the members shall constitute a quorum and a ma jority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.

"C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the prop erty, obligations and interest on the obligations of Wayne County.

"D. The powers of the Authority shall include, but in no way be limited to, the powers as hereinafter set out:

(1) To receive and administer gifts, grants and donations and to administer trusts;

(2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations to sue and be sued in its corporate name;

(4) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority; and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and man agement of the Authority;

(5) To encourage and promote the expansion and development of industrial and commercial facilities in Wayne County, so as to relieve insofar as possible unemployment within its boundaries, and to that end

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to acquire by purchase or gift any building or structure within the limits of Wayne County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant or fabricating plant, in cluding all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building;

(6) No building acquired hereunder shall be operated by the Au thority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other reve nues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;

(7) To accumulate its funds from year to year and to invest ac cumulated 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 gen erally or in any specific matter;

(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.

"E. The Authority shall not be authorized to create in any manner
any debt, liability or obligation against the State of Georgia or Wayne County.

"P. The members of the Authority shall receive no compensation for their services to the Authority, but shall be reimbursed for their actual expenses incurred in the performance of their duties.
"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761) as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the pro visions 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

FRIDAY, JANUARY 24, 1964

145

under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any ex ercise of the taxing power of Wayne County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Wayne County.

"H. The Authority may authorize additional bonds for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become 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 less the Authority will have found and declared that:

(1) The undertaking for which the bonds are to be issued will in crease employment in Wayne County.

(2) The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said county, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia.

"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms, or corpora tions shall at any time be used for entertainment or other promotional expenses.

"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Wayne County subject to any mortgages, liens, leases or other encumbrances outstand ing 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 Wayne County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.

"M. This amendment shall be effective immediately upon proclama tion of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such pro clamation.

"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Wayne County and the scope of its operations shall be limited to the territory embraced within said county. The

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General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to create the Wayne County Industrial Development Authority.

"Against ratification of amendment to the Constitution so as to create the Wayne County Industrial Development Authority."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons de siring 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, 46th Brown, 34th Carlton Carter Coggin Conway Downing Fincher

Gayner Gordy Hall Heard Holloway Hunt Johnson, 42nd Johnson, 38th Kendrick

Kidd Knox Lee Loggins Maclntyre Miller Oliver Owens Pelham

Phillips Plunkett Salome Scott

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147

Searcey Thomas 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 39, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

SB 179. By Senator Zorn of the 6th:
A bill to amend Code Chapter 56-24, relating to the general provisions applicable to insurance contracts, so as to provide that no policy of in surance in which the interests of a lien holder are protected by a loss payable clause shall be canceled by the insurer so as to destroy the secarity of the lien holder unless a notice of cancellation of said policy shall be forwarded to the lien holder; to provide the procedure connected therewith; and for other purposes.

Senator Zorn of the 6th offered the following amendment:
Amend SB 179 by adding in the title between the words "lien holder" and the words "are protected", the words "named in the policy".
By adding in the quoted Section 56-2430.1 of Section 1 between the words "lien holder" and the words "are protected", the words "named in the policy".
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.
The bill, having received the requisite constitutional majority, was passed as amended.

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SR 139. By Senators Carlton of the 21st and Webb of the llth:
A resolution confirming the appointment of Mrs. A. W. Bramblett, Sr., as Poet Laureate of the State of Georgia; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 32, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SB 187. By Senator Miller of the 50th: A bill to provide that the State of Georgia shall be a party to the "Interstate Compact on Mental Health"; to enact said compact into law; to provide for the designation of the compact administrator; to provide for supplementary agreements; to provide for funds; to repeal conflicting laws; and for other purposes.
Senator Miller of the 50th moved that SB 187 be recommitted to the Com mittee on Interstate Cooperation.
On the motion to recommit, the ayes were 32, nays 0, and SB 187 was recommitted to the Committee on Interstate Cooperation.
SB 190. By Senators Webb of the llth, Carlton of the 21st and Jackson of the 16th: A bill to create the Georgia State Scholarship Commission; to provide for the granting of scholarships to students desiring to study Dentistry, Social Work, Nursing, Pharmacy, Physical Therapy, Medical Technology, Hospital Administration, Dietetics, X-ray Technology, other courses of study in the paramedical field and other professional and educational fields of study as approved by the Commission; and for other purposes.
Senator Webb of the llth moved that action on SB 190 be postponed to January 27, 1964.
On the motion to postpone, the ayes were 34, nays 0.

The motion prevailed and action on SB 190 was postponed to January 27, 1964.

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149

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 180. By Senator Carlton of the 21st, Jackson of the 16th, Webb of the llth, and others:
A bill to establish a new minimum foundation program for education of Georgia's children and youth and a "Minimum Foundation Program Fund" for support of such program so as to equalize educational opportunities in the public school throughout the State; and for other purposes.

The following bill of the Senate was taken up for the purpose of considering House action thereto:

SB 180. By Senators Carlton of the 21st, Jackson of the 16th, Webb of the llth and others: A bill to establish a new minimum foundation program for education of Georgia's children and youth and a "Minimum Foundation Program Fund" for support of such program so as to equalize educational opportunities in the public school throughout the State; and for other purposes.
The House offered the following amendments:
The Committee of the House on EDUCATION moved to amend S. B. 180 as follows:
By adding the word "curricula" between the word "programs," and the word "offerings" appearing in the second sentence of Section 3.
On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.
The Committee of the House on Education offered the following amendment:
In Section 18, Item B, line 5 place a period after the words "$100.00 PER MONTH FOR TWELVE MONTHS". Delete the following words, "FOR DRIVERS NOT A TEACHER OR STUDENT IN THE PUBLIC SCHOOL AND NOT LESS THAN $400 PER SCHOOL YEAR TERM OF TEN (10) MONTHS FOR TEACHER AND STUDENT DRIVERS".

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SECTION (b) to read as follows:

(b) The State Board shall establish a schedule of uniform minimum salaries that shall be paid by local units to drivers of school buses with a 24 passenger capacity and over, regardless of type of ownership, which shall be not less than $100 per month for twelve months. The minimum salary schedule shall not apply to drivers of cars and other vehicles of less capacity than a 24 passenger bus.

On the adoption of the amendment, the ayes were 1, nays 36, and the amendment was disagreed to.
Mr. Herndon of Appling offered the following amendment:
Amend SB 180, as follows:
By adding after the first sentence of Section 7 a new sentence to read as follows:
"Provided, however, any board, by a vote of three-fourths of the entire membership of such board, may employ teachers, prin cipals, other certificated professional personnel and all other school personnel without the recommendation of the superintendent."

Senator Holloway of the 12th moved that the Senate disagree to the House amendment to SB 180.
On the motion to disagree, the ayes were 30, nays 4.

The motion prevailed, and the amendment was disagreed to.
Mr. Groover of Bibb offered the following amendment: Amend SB 180 by adding at end of the second sentence of Section
7 the following: "unless otherwise provided by law."

On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was agreed to.
Mr. Murphy of Haralson offered the following amendment: Amend SB 180 by adding to line 10 of subsection B of Section 43

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151

on page 28 immediately following the words "in the Superior Court" the following: "of the county of the local unit affected",

By adding to line 15 of Section 56 on page 35 immediately fol lowing the words "Superior Court" the following: "of the county of the local unit affected".

On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment was agreed to.

Mr. Wilkes of Cook offered the following amendment:
Amend SB 180 as follows:
By striking therefrom Section 14 in its entirety and inserting in lieu thereof the following:
"Amount of funds needed for Free Textbooks.--The amount of funds needed by a local unit of administration for maintenance, repair and purchase of free textbooks shall be determined by multi plying the number of pupils enrolled in the public schools of the local unit by a sum of money to be determined by the State Board of Education which shall not be less than $4 per enrolled pupil. The State Board is authorized to make additional uniform allotments of funds to local units to further assist local units in meeting the need for additional sets of textbooks due to increased enrollment of pupils in the local unit, as funds for the same are provided by specific appropriations by the General Assembly. The State Board shall have authority to prescribe multiple lists of approved text books, and minimum requirements and standard for purchase, distri bution, and use of such textbooks, and for the use and expenditure of funds allotted under this section."
Senator Zorn of the 6th moved that the Senate agree to the House amendment to SB 180.
On the motion to agree, the ayes were 7, nays 27, and the amendment was disagreed to.
Mr. Brooks of Fulton offered the following amendment:
Amend SB 180 by striking the following words from paragraph four of Section 24 "and notwithstanding provisions of other school laws".
On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was agreed to.

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Mr. Brooks of Fulton offered the following amendment:

Amend SB 180 by striking from the last sentence of section 43 the words "is authorized to" and inserting in lieu therefor the word "shall".

On the adoption of the amendment, the ayes were 35, nays 0, and the amend ment was agreed to.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House insists on its position on the amendments to the following bill of the Senate:

SB 180. By Senators Carlton of the 21st, Jackson of the 16th, Webb of the llth, and many others:
A bill to establish a new minimum foundation program for education of Georgia's children and youth and a "Minimum Foundation Program Fund" for support of such program so as to equalize educational op portunities in the public schools throughout the State; and for other purposes.
Amendment No. 2
Amendment No. 3
Amendment No. 6

The following bill of the Senate was taken up for the purpose of considering House action thereon:

SB 180. By Senators Carlton of the 21st, Jackson of the 16th, Webb of the llth and many others:
A bill to establish a new minimum foundation program for education of Georgia's children and youth and a "Minimum Foundation Program Fund" for support of such program so as to equalize educational op portunities in the public schools throughout the State; and for other purposes.

Senator Carlton of the 21st moved that the Senate insist on its position on amendments Nos. 2, 3 and 6, and that a Committee of Conference be appointed.

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153

The motion prevailed, and the president appointed as a Committee of Con ference on the part of the Senate the following:
Senators Carlton of the 21st, Kendrick of the 32nd and Carter of the 14th.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House insists on its position on amendment number 2, amendment number 3, and amendment number 6 on the following bill of the Senate:, and has appointed a Committee of Conference.

SB 180. By Senators Carlton of the 21st, Jackson of the 16th, Webb of the llth, and many others:
A bill to establish a new minimum foundation program for education of Georgia's children and youth and a "Minimum Foundation Program Fund" for support of such program so as to equalize educational op portunities in the public schools throughout the State; and for other purposes.

The Speaker has appointed as Committee of Conference on the part of the House the following:
Busbee of Dougherty, Wilkes of Cook and Parker of Screven.

The following bill of the Senate was taken up for the purpose of considering the report of a Committee of Conference thereto:
SB 180. By Senators Carlton of the 21st, Jackson of the 16th, Webb of the llth and many others: A bill to establish a new minimum foundation program for education of Georgia's children and youth and a "Minimum Foundation Program Fund" for support of such program so as to equalize educational op portunities in the public schools throughout the State; and for other purposes.
The report of the Committee of Conference was as follows:
The Conference Committee on Senate Bill No. 180 adopts the following report:
(1) The House recedes from its position on House Amendment No. II, and the Committee adopts the following in lieu thereof:

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By striking Subparagraph (b) of Section 18 in its entirety and inserting in lieu thereof a new Subparagraph (b) to read as follows:

"(b) The State Board shall establish a schedule of uniform minimum salaries that shall be paid by local units to drivers of school buses with a 24 passenger capacity and over, regardless of type of ownership, which shall be not less than $100 per month for 12 months. The minimum salary schedule shall not apply to drivers of cars and other vehicles of less capacity than a 24 pas senger bus. County or area school systems shall not pay to any bus driver in its employment operating a 24 passenger bus or over a salary less than that prescribed by the uniform minimum salary schedule, but shall have the authority to supplement the salary of a bus driver employed by the county or area school system. The ex pense of purchasing, maintaining and operating such buses, re gardless of type of ownership, shall not be considered in establishing the schedule of uniform minimum salaries for school bus drivers. The schedule of uniform minimum salaries shall be used as a standard cost item for the purpose of calculating the expense of pupil transportation under Subparagraph (a) of this Section. This Section shall not apply to student or teacher drivers."

(2) The Senate agrees to House Amendment No. III.

(3) The House recedes from its position on House Amendment No. VI, and the Committee adopts the following in lieu thereof:

By striking Section 14 in its entirety and inserting in lieu thereof the following:

"Amount of funds needed for Free Textbooks.--The amount of funds needed by a local unit of administration for maintenance, repair and purchase of free textbooks shall be determined by multi plying the number of pupils enrolled in the public schools of the local unit by a sum of money to be determined by the State Board of Education which shall not be less than $4 per enrolled pupil. The State Board is authorized to make additional allotments of funds to local units to further assist local units in meeting the need for additional sets of textbooks due to increased enrollment of pupils in the local unit. The State Board shall have authority to prescribe multiple lists of approved textbooks, and minimum requirements and standards for purchase, distribution, and use of such textbooks, and for the use and expenditure of funds allotted under this section."

/s/ Wilson B. Wilkes of Cook /s/ Edward S. Kendrick of the 32nd Is/ George D. Busbee of Dougherty /s/ H. Walstein Parker of Screven /s/ Milton A. Carlton of the 21st /s/ Jimmy Carter of the 14th

Senator Carlton of the 21st moved that the Senate adopt the report of the Committee of Conference.

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155

On the motion, the ayes were 32, nays 3.

The motion prevailed, 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 adopted the report of the Committee of Conference on the following bill of the Senate:

SB 180. By Senators Carlton of the 21st, Jackson of the 16th, Webb of the llth, and many others:
A bill to establish a new minimum foundation program for education of Georgia's children and youth and a "Minimum Foundation Program Fund" for support of such program so as to equalize educational oppor tunities in the public schools throughout the State; and for other purposes.

Senator Pelham of the 10th, Chairman of the Committee on Senate Admini strative 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 Governor:
SB 180. Respectfully submitted Pelham of the 10th District, Chairman.

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminitrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as

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chairman, to report the same back to the Senate as correct and ready for trans mission to the House of Representatives:
SB 178. SB 180. SR 144. SR 146. SR 150. SR 151.
Respectfully submitted, Pelham of the 10th District, Chairman.

Senator Carlton of the 21st moved that the Senate do now adjourn until 11:30 o'clock Monday morning, and the motion prevailed.

The acting president, Senator Smalley of the 28th, announced the Senate ad journed until 11:30 o'clock Monday morning.

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157

Senate Chamber, Atlanta, Georgia. Monday, January 27, 1964.

The Senate met pursuant to adjournment at 11:30 o'clock this morning, and was called to order by the president.

Scripture reading was offered by Dr. Pope Duncan, Dean of the Brunswick College, Brunswick, Georgia.

Prayer was offered by Reverend Jack Smith, pastor, First Methodist Church, Sylvania, 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 Carlton of the 21st 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 follow ing bills of the House to-wit:

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HB 740. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens:
A bill to amend an act repealing an act repealing part 3, cigars and cigaretts, of the 1933 Code of Ga., so as to impose a tax upon the sale, use or other disposition of cigars and cigarettes within this State; and for other purposes.

HB 742. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to remove that provision allowing com pensation to the dealer for collecting, accounting for, and remitting the tax levied by said act; 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 743. By Messrs. Smith of Grady, Bolton of Spalding, and others:
A bill to amend Code Section 92-3102, relating to the rate of taxation upon corporate income, as amended; and for other purposes.

HB 744. By Messrs. Smith of Grady, Bolton of Spalding, and others:
A bill to amend an act providing for license and excise taxes upon the business of dealing in malt beverages, approved Mar. 23, 1935, as amended, so as to increase the malt beverage tax; and for other purposes.

The House has passed by the requisite constitutional majority the following bill of the House to wit:

HB 732. By Mr. Murphy of Haralson:
A bill to amend^ an act establishing a program of assistance to the totally and permanently disabled and to define eligibility and terms and to provide for the administration of said program by the State and county departments of public welfare, so as to change the provision relating to eligibility for assistance; and for other purposes.

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The following report of an interim committee was submitted, and read by the secretary:

SENATE PENAL AND CORRECTIONAL AFFAIRS COMMITTEE REPORT
Honorable Peter Zack Geer, Lieutenant Governor Members of State Senate

Based on its visits, conferences and analyses of comprehensive reports already made, the Standing Committee on Penal and Correc tional Affairs, by authority of Senate Resolution 95, makes the follow ing report and recommendations. This report is unanimous and was participated in by all members of the Committee.

Since so much has already been said about present conditions of the Penal and Corrections System in Georgia, we will not dwell on this subject here. Therefore, this report will deal with things the Com mittee feels should be done or begun immediately so that the system can overcome as soon as possible problems brought on by years of neglect of the system by the State.

As the Committee did its work, complete cooperation was given by all personnel of the Department of Corrections as they were called on, enabling the Committee to get a view of personnel morale, condition of facilities, prisoner housing, and the activities of the prisoners within the system.

Problems facing the Department of Corrections can be broadly grouped into five categories:

1. Personnel

2. Housing facilities

3. Prisoner employment

4. Rehabilitation

5. Classification

The Committee on Penal and Correctional Affairs recommends as follows:

I. Steps be taken to up-grade guard and security personnel by:

a. Pay scale adjustment

b. In-service training

c. Adjustment in work hours

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d. Improvement in appearance and uniform

e. Adequate housing

II. Steps to improve housing facilities and relieve the over-crowded conditions (especially acute at Reidsville) be begun immediately by:
(a) The building of a classification and reception center and an adjacent maximum security prison as outlined in the Ragen Report, pages 21 and 22, and Report #2 of the Governor's Commission on Efficiency and Improvement in Government on Georgia Prison System, pages 6 and 7.
(b) The capacity of the Kemper Building be used to house mis demeanors and selected felons (for skills). It is felt that this building can be separated from the hospital by adequate fences so that its occu pancy will in no way interfere with the operation of the State Hospital. When the Hospital is able to remove the patients from the Old Colony Farm, this facility should be remodeled and be developed into the Colony Farm Prison.
(c) By the remodeling of the Industrial Institute at Alto as pres ently outlined by the Department of Corrections, and by the provision of sufficient additional space for the proper housing of the young prisoners.
(d) More careful inspection by the Department of Corrections to insure in all facilities adequate maintenance and housekeeping; more stringent inspection of County Work Camps to insure good housing, cleanliness and proper dietary preparations.

III. Provide constructive employment for prisoners by:
(a) Operation of the Colony Farm and the provision of applicable services for the State Hospital at Milledgeville including but not limited to the following:
1. Maintaining hospital grounds
2. Operating farms, orchards, cattle, swine, poultry
3. Construction of the type that can be done well
4. Maintenance: Sheet metal Electric motors Cabinet shop Shoe Repair

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161

5. Operate: Abattoir Dairy Laundry Cannery Feed mill

(b) Expansion of farm and related operations at Reidsville as needed

(c) Provide constructive industrial employment for remainder of prisoners at Reidsville

(d) Provide constructive industrial employment for maximum se curity prisoners at new prison

(e) Consider the operation of other state prison branches in sev eral areas of the State to provide needed services for the local political sub-divisions

(f) Up-grade the operation of present county prison camps

IV. Consider rehabilitation of prisoners a prime goal of the De partment. Do this by:

(a) Providing a modern classification and reception center using up-to-date methods of classification and placement

(b) Provide training so that when released the prisoners will be employable

(c) Provide constructive employment

(d) Provide such medical help as needed by the prisoners for rehabilitation

(e) Give attention to providing as rapidly as possible the outlined educational, vocational and vocational rehabilitation programs at Alto. Also give attention to providing additional employment for prisoners at Alto.

V. Provide classification center with adequate staff and facilities.

VI. Amend the Biennium Appropriation Bill to provide funds for the effectuation of these recommendations.

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The following report of an interim committee was submitted, and read by the secretary:

TO: MEMBERS OP THE GENERAL ASSEMBLY OF GEORGIA REPORT OF COMMITTEE CREATED TO STUDY RAPID TRANSIT

The Committee to study rapid transit was created by Senate Reso lution 93, adopted at the 1963 regular session of the General Assembly of Georgia. Pursuant to the terms of said Resolution, Hon. Peter Zack Geer, President of the Senate of Georgia, appointed the following mem bers to the Committee:
Lieutenant Governor Peter Zack Geer--Ex-Officio
Senator Joseph E. Loggins, Chairman
Senator Oby T. Brewer, Sr., Vice-Chairman
Senator Jack C. Fincher, Secretary
Senator Charlie Brown
Senator Harold Harrison
Senator Ben F. Johnson
Senator LeRoy R. Johnson
Senator Edward S. Kendrick
Mayor Ivan Alien, Jr.
Dr. Edwin D. Harrison
Governor S. Ernest Vandiver

SCOPE
This Committee was charged with the responsibility of studying the following specific problems:
(1) Does the metropolitan Atlanta area presently need a mass and rapid transit system?
(2) Do other metropolitan areas in the State of Georgia need a mass and rapid transit system now?
(3) In the event the Atlanta metropolitan area and/or any other urban area in Georgia needs a rapid transit system, what type of transit system should be built?
(4) Are the highways, streets and freeways in the Atlanta area adequate to carry the flow of traffic into and out of the city known as the "Gateway to the South"?

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163

(5) If a mass transportation system is demanded, should it be constructed and/or operated by private industry or by local govern ments?

(6) How could such a mass transportation system be financed?

(7) In the event one is demanded, when should a mass transporta tion system begin operation?

FINDINGS
At the organizational meeting on April 10, 1963, arrangements were made for an office in the State Capitol and for a part-time secre tary. It was decided at this meeting that copies of reports that had already been made for the Metropolitan Atlanta Transit Study Com mission by the engineering firm of Parsons, Brinckerhoff, Quade and Douglas should be forwarded to each member of our Committee, which reports were obtained by our secretary and forwarded to each member of our Committee.
Our Committee has worked very closely with the Metropolitan At lanta Transit Study Commission and the Atlanta Committee of 100, of which Governor Vandiver is Chairman.
In May, 1963, some of the members of the Committee, along with Mr. William P. Corley, Manager of Infoplan, representing the Metro politan Atlanta Rapid Transit Committee of 100, attended the Institute for Rapid Transit in Washington, D. C., which was held for the benefit of representatives from all over the nation interested in mass trans portation and for members of Congress. At said meeting the following topics were discussed.
(a) Building Tomorrow's Downtown, by Randall H. Cooper, Execu tive Director, Chicago Central Area Committee;
(b) The Economic Benefits of the San Francisco Rapid Transit Plan, by Kenneth D. Lawson, Secretary-Treasurer, Ranchers Explora tion and Development Corporation;
(c) Why New Jersey Works for Balanced Transportation Facili ties, by Dwight R. G. Palmer, Commissioner, New Jersey State Highway Department;
(d) Role of Rapid Transit in Long Range Transportation Planning, by Charles E. DeLeuw, President, DeLeuw, Gather and Company;
(e) Rail Transit Brings Economic Benefit to the South Jersey Area, by Paul MacMurray, Executive Director, Delaware River Port Authority.
At this meeting representatives from the General Electric Company and Westinghouse showed some of their equipment for rapid transit and

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discussed the progress being made in other areas of the nation in the field of rapid transit. It was pointed out that one of the most difficult problems facing our Committee would be securing the funds to finance a rapid transit program. It was brought out that there are two methods of financing the program, namely:
(a) Authority type financing, and
(b) Tax districts.

Several congressmen and senators were contacted personally by the committee members while they were in Washington, urging their sup port of the Administration's Mass Transit Bill, HR 3881. Said HR 3881 provides that the Federal Government would immediately make avail able $375,000,000 for urban mass transportation in the United States, and ultimately $11,000,000,000. However, only 12% of the funds would be made available for any one area of the nation. In discussing HR 3881, it was found that both of Georgia's senators, Hon. Richard B. Russell and Hon. Herman Talmadge, supported HR 3881 which was passed in the Senate and which is now pending in the House. In discussing this matter with Mr. Henry Wilson, Liaison Officer between the White House and the Capitol, this Committee was informed that every Georgia Congressman and his vote would play a vital role in determining the fate of HR 3881 in the House.

From all available reports studied by this Committee, indications were that the mass transit program could not be financed by the fares alone and, therefore, one of the suggested methods of financing must be used. This Committee found that the Atlanta metropolitan area had the most pressing transportation problems, and therefore, only the Atlanta area has been considered by this Committee at this time. A sub-committee was appointed to study the problems of financing a rapid transit program in the Atlanta metropolitan area.

This sub-committee recommended authority financing rather than the taxing district device as the most feasible method of financing a rapid transit program, the sub-committee being of the opinion that the taxing district device raises questions of a super-local government and attendant complexities which make it of doubtful acceptance by estab lished local governments.

This Committee has met with Congressman Charles L. Weltner, and Congressman Weltner has expressed an opinion that it is possible that HR 3881 would not pass the House for several months, and possibly not pass the House during 1964. Congressman Weltner further expressed an opinion that if the Atlanta area is interested in a demonstration project, there is a possibility that some funds are available under a 1961 Act which provided $25,000,000 to be used for demonstration projects in the United States. Members of the Metropolitan Atlanta Transit Study Commission and the Atlanta Committee of 100 were present and participated in the discussions with Congressman Weltner. It was felt that further studies should be made to determine the cost of temporary stations, parking space, the possible number of com muters, and whether or not the public would use the facilities of a demonstration project.

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With the aid of Congressman Weltner, the Metropolitan Atlanta Transit Study Commission, the Atlanta Committee of 100, and our Com mittee met jointly in Atlanta with Dr. John Kohl, assistant to Dr. Robert C. Weaver, Administrator of the Housing and Home Finance Agency. Dr. Kohl discussed the Federal Government's role in helping to finance demonstration projects throughout the United States. It was learned that $5,000,000 of the $25,000,000 allotted for demonstration projects in 1961 is still available. Under this program, the Federal Government contributes two-thirds of the needed funds and local gov ernments must match it with one-third of local funds.

This Committee met in Atlanta with Mr. Herbert M. Mandel, Resident Engineer with Parsons, Brinckerhoff, Quade and Douglas of New York, who had worked very closely on the study of Rapid Transit for the Metropolitan Atlanta Transit Study Commission and discussed their role, their study, their findings, and their recommendations con cerning the Atlanta area rapid transit system. It was learned that the Atlanta area has problems which are closely related to the problems of the San Francisco Bay Area, and it was the recommendation of the engineers that we study very closely the San Francisco Bay Area Rapid Transit System. It was suggested that the rapid transit system best suited for the future of Atlanta would be one such as the San Francisco Bay Area System. It was further pointed out that Atlanta's rapid tran sit system could be even better than the San Francisco Bay Area Tran sit System because Atlanta will gain from the experience and weak nesses found in the San Francisco Bay Area, which system has been studied for ten years prior to the beginning of building the system. It was further learned that Atlanta could build a rapid transit system for approximately one-third of the cost of the San Francisco Bay Area System due to the fact that Atlanta does not have the problem of going over and under large bodies of water. This Committee found that two-thirds of the funds for the study made by Parsons, Brinckerhoff, Quade and Douglas of New York was furnished by the Federal Govern ment, and one-third was furnished locally.

This Committee met in Atlanta with Mr. Norman W. Seip, Mr. Robert D. Weeks and Mr. Lloyd F. Howard of the General Electric Com pany who gave us their observations obtained in their role as supplier to various rapid transit systems in the nation. They discussed the demonstration project versus an over-all and new rapid transportation system, and their recommendations were that the Atlanta area should construct a complete over-all rapid transit system. Their recommenda tions were based on the fact that if Atlanta had a demonstration project and the commuters failed to use the system, then rapid transit for the Atlanta area would not be accepted by the people of the Atlanta area for many years.

This Committee has met with representatives of the local labor unions of the present Atlanta transportation system, and discussed their problems in changing from the present transit system to a more modern and rapid transit system.
This Committee found that 54% of all downtown Atlanta space was used for streets and parking areas. Therefore, more than one-half of the downtown space was being used for something other than income

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producing property for the City of Atlanta. We feel that in the event a mass transit system was immediately constructed, it would release a substantial amount of the downtown area for more business houses, and thereby produce more revenue by way of taxes for the City of Atlanta.

This Committee found that a mass transportation system would create several thousand new jobs and job opportunities for the peopla in the metropolitan Atlanta area.

This Committee found that the State Highway Department could not adequately build and maintain sufficient freeways to handle the heavy load of commuters during peak hours of the day. This Commit tee found that a rapid transit system would serve to complement the freeway system at all times.

This Committee has found no actual harmful effects that a rapid transit system would create for the Atlanta area, and the State of Georgia.

This Committee has found that the proposed system for the Atlanta area could utilize railroad rights-of-way for 49 miles of the proposed 66 miles of the entire system.

RECOMMENDATIONS

(1) This Committee feels that a new and mass transportation sys tem is a very large undertaking, but at the same time, this Committee feels that it is vitally important to Atlanta and the entire State of Georgia that such a system be constructed as quickly as possible for the Atlanta area.

(2) This Committee feels that other areas in the State of Georgia will probably be interested in, and will need a mass transportation sys tem in the future. However, it is the recommendation of this Committee that only the Atlanta area rapid transit system be constructed imme diately.

(3) This Committee has studied the recommendations made by the engineering firm of Parsons, Brinckerhoff, Quade and Douglas relative to the type transit system to be constructed in the Atlanta area, and we have been unable to find any better methods than those suggested by the above-named engineering firm. The recommendations call for a dual rail system to be constructed mostly on grade level.

(4) The Committee found that the highways, streets and freeways in the Atlanta area could not adequately serve the commuters during peak hours of the day.

(5) The Committee found that it is impossible for private industry to construct such a system, and therefore, it will require local govern ments individually and/or in connection with other local governments to construct an adequate mass transportation system.

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(6) The Committee recommends that authority financing be the method to be used for financing a mass transportation system for the Atlanta area, and that a local authority be created with necessary powers including the power to operate same, contract therefor, or lease same for operation by private enterprise.

(7) This Committee finds and recommends that a rapid and mass transportation system be constructed, at least by stages, and placed in operation in the Atlanta area as quickly as possible. This Committee feels that a rapid transportation system would open the door to a rapid and continued growth for the City of Atlanta, the surrounding areas, and the entire State of Georgia.

(8) This Committee recommends the approval of a constitutional amendment which would permissively give local governments, alone or in conjunction with other local governments, or through a local author ity or authorities, the power to construct and/or operate a rapid transit system, giving such local governments or authorities power to issue bonds or otherwise to finance such a transit system.

(9) This Committee feels that if Atlanta and Georgia are to grow and remain the "Gateway to the South", it is very important and vitally necessary that a mass and rapid transportation system be con structed and placed in operation in the immediate future.

(10) This Committee feels that under present circumstances a demonstration project should not be started, but that without a change of circumstances, an overall mass transportation system should be advocated, planned and constructed, at least in stages, as quickly as possible.

Respectfully submitted,

Peter Zack Geer, Lieutenant Governor, Ex-Officio Joseph E. Loggins, Chairman, Senator, 53rd District Oby T. Brewer, Sr., Vice-Chairman, Senator, 39th District Jack C. Fincher, Secretary, Senator, 51st District Charlie Brown, Senator, 34th District Harold Harrison, Senator, 48th District Ben F. Johnson, Senator, 42nd District LeRoy R. Johnson, Senator, 38th District Edward S. Kendrick, Senator, 32nd District Mayor Ivan Alien, Jr. Dr. Edwin D. Harrison Governor S. Ernest Vandiver

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

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SB 223. By Senators Phillips of the 27th, and Carter of the 14th:
A bill creating a Department of Public Safety, so as to remove the limitation on the number of officers and men allowed in the battalion; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.

SB 224. By Senator Phillips of the 27th:
A bill relating to the regulation of the practice of pharmacy, so as to provide immunity from civil liability for certain acts performed by the members of the Georgia State Board of Pharmacy; and for other purposes.
Referred to Committee on Health and Welfare.

SB 225. By Senator Phillips of the 27th:
A bill entitled the "Georgia Permit Act", so as to provide for the revocation of permits issued by the Board of Pharmacy for certain violations; to provide for certain violations; to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.

SB 226. By Senator Phillips of the 27th:
A bill relating to the collection of assessments for street improvements by municipal corporations, so as to make said assessments a lien against the property from the date the assessment fi. fa. is recorded on the general execution document; and for other purposes.
Referred to Committee on Judiciary.

SB 227. By Senator Phillips of the 27th:
A bill relating to the separate estate of a female spouse and restric tions upon her power to pledge it as security; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 228. By Senators Wesberry of the 37th, Salome of the 36th, Maclntyre of the 40th, Coggin of the 35th, Brewer of the 39th, Brown of the 34th, and Johnson of the 38th:
A bill to provide for the disposition of certain funds received by county officials, officers and employees; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.

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169

SB 233. By Senators Gayner of the 5th, Gillis of the 20th, Holloway of the 12th, Jackson of the 16th, and Phillips of the 27th:
A bill to enact the "Georgia Administrative Procedure Act"; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency In Government.

SR 158. By Senators Johnson of the 42nd, Conway of the 41st, and McWhorter of the 43rd:
A resolution proposing an amendment to the Constitution so as to declare the acquisition, establishment, operation and administration of the system of public transportation of passengers for hire in the metro politan area of the City of Atlanta and the Counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett to be an essential governmental function and a public purpose and to authorize the creation of a public corpora tion or authority for such purpose; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Rules.

HB 740. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act repealing an act repealing part 3, Cigars and Cigarettes, of the 1933 Code of Georgia, so as to impose a tax upon the sale, use or other disposition of cigars and cigarettes within this State; and for other purposes.
Referred to Committee on Appropriations.

HB 742. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to remove that provision allowing com pensation to the dealer for collecting, accounting for, and remitting the tax levied by said act; and for other purposes.
Referred to Committee on Appropriations.

HB 743. By Messrs. Smith of Grady, Bolton of Spalding and others:
A bill to amend Code Section 92-3102, relating to the rate of taxation upon corporate income, as amended; and for other purposes.
Referred to Committee on Appropriations.

HB 744. By Messrs. Smith of Grady, Bolton of Spalding and others:
A bill to amend an act providing for license and excise taxes upon the business of dealing in malt beverages, approved March 23, 1935, as

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amended, so as to increase the malt beverage excise tax; and for other purposes.
Referred to Committee on Appropriations.

HB 732. By Mr. Murphy of Haralson:
A bill to amend an act establishing a program of assistance to the totally and permanently disabled and to define eligibility and terms and to provide for the administration of said program by the State and county departments of public welfare, so as to change the pro visions relating to eligibility for assistance; and for other purposes.
Referred to Committee on Health and Welfare.

The following bills and resolutions were read the second time:

SB 210. By Senator Oliver of the 4th:
A bill to provide that the whole costs of the case and expenses of the trial involving an inmate of the State Prison System shall be born by the State Board of Corrections under certain conditions; to repeal con flicting laws; and for other purposes.

SB 211. By Senators Maclntyre of the 40th, Coggin of the 35th, Johnson of the 38th, Salome of the 36th, Wesberry of the 37th, Brown of the 34th, and Brewer of the 39th: A bill establishing a new charter for the City of Roswell, so as to change the corporate limits of said City; to repeal conflicting laws; and for other purposes.
SB 212. By Senators Webb of the llth, Lee of the 47th, and Hall of the 52nd: A bill to provide for determinate sentences for a specific number of years in jury cases of felonies not punishable by life imprisonment and to repeal all laws or parts of laws in conflict therewith.
SB 213. By Senators Webb of the llth, Lee of the 47th, and Hall of the 52nd: A bill redefining the punishment for misdemeanor, to provide that the sentencing courts shall retain jurisdiction over certain sentences; to repeal all laws or parts of laws in conflict therewith; and for other purposes.
SB 214. By Senators Webb of the llth, Lee of the 47th, and Hall of the 52nd: A bill to provide that the State Board of Pardon and Paroles shall only consider for parole certain misdemeanants and felons and to repeal all laws or parts of laws in conflict therewith.

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SB 215. By Senators Webb of the llth, Lee of the 47th, and Hall of the 52nd:
A bill providing that the State Board of Corrections shall have no authority over persons sentenced to county imprisonment facilities and to repeal all laws or parts of laws in conflict therewith.

SB 216. By Senators Webb of the llth, Lee of the 47th, and Hall of the 52nd: A bill providing how prisoners who are the sole responsibility of a county may be confined; and to repeal all laws or parts of laws in conflict therewith.
SB 217. By Senators Webb of the llth, Lee of the 47th, and Hall of the 52nd: A bill to prescribe good time allowances and extra good time allowances for prisoners incarcerated under county jurisdiction; to repeal all laws in conflict herewith and for other purposes.
SB 218. By Senators Webb of the llth, Lee of the 47th, and Hall of the 52nd: A bill to provide for concurrent sentences; and to repeal all laws or parts of laws in conflict therewith.
SB 219. By Senators Webb of the llth, Lee of the 47th, and Hall of the 52nd: A bill comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections, so as to provide for a statutory good time allowance for the first year of the sentence of felony prisoners; to repeal conflicting laws; and for other purposes.
SB 220. By Senators Webb of the llth, Lee of the 47th, and Hall of the 52nd: A Bill to provide that the judge, in his discretion, may condition pro bation of convicted felons on a fine of not more than $2,000 where pro bation is authorized by law; to provide for the repeal of all Acts in conflict with this Act.
SB 221. By Senators Webb of the llth. Lee of the 47th, and Hall of the 52nd: A bill to provide that the State Board of Pardons and Paroles may temporarily revoke certain paroles; and to repeal all laws or parts of laws in conflict therewith.
SB 222. By Senator Phillips of the 27th: A bill relating to congressional districts and the composition thereof, so as to designate the counties which shall compose the ten congressional districts of Georgia; to repeal conflicting laws; and for other purposes.

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SR 155. By Senators Kidd of the 25th, Hunt of the 26th, and Gillis of the 20th:
A resolution to name the Sixth Congressional District in honor of Honorable Carl Vinson; and for other purposes.

SR 156. By Senators Gordy of the 15th, Johnson of the 42nd, Kidd of the 25th, Maclntyre of the 40th, McKinnon of the 7th, Searcey of the 2nd, Thomas of the 54th, Tribble of the 3rd, and Yancey of the 33rd:
A resolution amending the Rules of the Senate; and for other purposes.

SR 157. By Senators Webb of the llth, Lee of the 47th, and Hall of the 52nd:
A resolution creating a joint committee to study work-release plans in other states; and for other purposes.

HB 746. By Messrs. Coker and Pope of Cherokee, Smith of Forsyth and Milford of Franklin:
A bill to make it unlawful for any person to abandon any domestic animal, including dogs; to provide a penalty; and for other purposes.

HB 774. By Mr. Bynum of Rabun:
A bill to provide for a secretarial assistant for the clerk of the Superior Court of Rabun County; and for other purposes.

HB 775. By Mr. DeVane of Schley:
A bill to amend an act creating a new charter for the City of Ellaville, so as to change the corporate limits; and for other purposes.

HB 776. By Mr. Hall of Lee:
A bill to amend an act providing for a charter for the City of Smithville, so as to provide the hours during which the polls for elections shall be open in said city; and for other purposes.

HB 779. By Mr. Jones of Liberty:
A bill to provide for the appointment and terms of office of the Liberty County Industrial Authority; and for other purposes.

HB 781. By Mr. Kirkland of Tattnall:
A bill to provide in Tattnall County for the recording, keeping and preservation of family histories; and for other purposes.

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173

HB 782. By Messrs. Shea, Funk and Richardson of Chatham:
A bill to amend an act relating to and incorporating the mayor and aldermen of the City of Savannah so as to extend the corporate limits; and for other purposes.

HB 783. By Messrs. Richardson, Funk and Shea of Chatham:
A bill to amend an act relating to the charter of the mayor and alder men of the City of Savannah, and police jurisdiction; and for other purposes.

HB 784. By Messrs. Richardson, Funk and Shea of Chatham:
A bill to amend an act relating to and incorporating the mayor and aldermen of the City of Savannah, so as to remove therefrom procedures for collection charges for certain services performed by said city and their disposition; and for other purposes.

HB 788. By Mr. Twitty of Mitchell:
A bill to amend an act relating to the charter of Pelham, so as to pro vide for a system of public schools; and for other purposes.

HB 794. By Mr. Moate of Hancock:
A bill to amend an act approved Feb. 9, 1956, (Ga. L. 1956, p. 2037), so as to change the compensation of the tax commissioner of Hancock County; to repeal conflicting laws; and for other purposes.

HB 796. By Mr. Smith of Grady:
A bill to amend an act providing for a health insurance plan for state employees, so as to provide for coverage of employees previously rejecting such coverage; and for other purposes.
HB 799. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb 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 the permission of the Governor; to pro hibit the sale of such signs, or emblems; and for other purposes.

HB 800. By Messrs. Smith of Grady and Bolton of Spalding:
A bill to amend an act creating the office of Solicitor General Emeritus and the Solicitors' General Retirement Fund, so as to provide that inter est earned by investment of funds shall be disbursed as benefits before using any general funds of the State for the payment of benefits; and for other purposes.

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HB 801. By Messrs. Smith of Grady and Bolton of Spalding:
A bill to amend an act creating the office of the Judge of the Superior Courts, Emeritus and the Superior Court Judges Retirement Fund of Georgia, so as to provide that interest earned by investment of funds shall be disbursed as benefits before using any general funds of the State for the payment of benefits; and for other purposes.

HR 349. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb and others:
A resolution relating to the Resources Advisory Board, Southeast River Basin to authorize the appointment of a representative from Georgia on said Board; and for other purposes.

HR 3B5. 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, dated March 16, 1963, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and Testaments until the next meeting of the General Assembly; and for other purposes.

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 761. Do Pass.

Respectfully submitted,

Brown of 34th district

Chairman.

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

SB 207. By Senator Miller of the BOth:
A bill to amend an act creating the office of Commissioner of Roads and Revenues in and for the County of Pickens, approved August 16, 1920, (Ga. Laws 1920, p. 598), as amended, so as to abolish said office; to create the office of Commissioner of Roads and Revenues for Pickens County; to repeal conflicting laws; and for other purposes.

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175

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

On the passage of the bill, the ayes were 31, nays 0.

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

Senator Miller of the 50th asked unanimous consent that SB 207 be immedi ately transmitted to the House.

The consent was granted.

SB 209. By Senators Johnson of the 38th, Wesberry of the 37th, Salome of the 36th and others:
A bill to amend an act providing a system of pensions and other benefits for members of fire department in cities having a population of more than 150,000 by the U. S. Census of 1920, (Ga. Laws 1924, pp. 167-173), and the several acts amendatory thereof; to repeal conflicting laws; and for other purposes.

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

On the passage of the bill, the ayes were 32, nays 0.

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

Senator Brown of the 34th asked unanimous consent that SB 209 be im mediately transmitted to the House.

The consent was granted.

HB 760. 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 define its jurisdiction and powers; to provide for election, qualifications, oath, duties, powers, terms and compensa tion of the judge and solicitor thereof; and for other purposes.

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

On the passage of the bill, the ayes were 32, nays 0.

The bill, having received the requisite constitutional majority, was passed.
Senator Ellis of the 44th asked unanimous consent that HB 760 be immedi ately transmitted to the House.
The consent was granted.
HB 761. By Messrs. Lowrey and Jordan of Floyd: A hill to amend the charter of the City of Rome, so as to provide addi tional retirement benefits for an employee who becomes totally and permanently disabled to discharge his duties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Hall of the 52nd asked unanimous consent that HB 761 be immedi ately transmitted to the House.
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:
SR 152. By Senators Carlton of the 21st and Gayner of the 5th: A resolution to amend a resolution creating the Senate Committee on Economy, Reorganization and Efficiency in State Government; and for other purposes, approved February 12, 1963, (Ga. Laws 1963, p. 486), so as to increase the membership of said committee; and for other purposes.

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177

The report of the committees, 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.
SB 198. By Senators Carlton of the 21st, Jackson of the 16th, Webb of the llth and others:
A bill to create the Georgia Educational Improvement Council; to pro vide for appointment and terms of members; to repeal conflicting laws; and for other purposes.

Senator Carlton of the 21st asked unanimous consent that SB 198 be recom mitted to the Committee on Educational Matters.
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 745. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, and others: A bill to amend an act known as the "Revenue Tax Act to legalize and control alcoholic beverages and liquors; so as to remove the provisions requiring state warehousing of the beverages regulated by this act; and for other purposes.
Senator Carlton of the 21st asked unanimous consent that the following bill of the House be introduced, read the first time, and referred to committee:
HB 745. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb and others: A bill to amend an act known as the "Revenue Tax Act to Legalize and control alcoholic beverages and liquors"; so as to remove the provisions

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requiring state warehousing of the beverages regulated by this act; and for other purposes.
Referred to Committee on Appropriations.

The consent was granted.

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 175.

Respectfully submitted,

Pelham of the 10th District,

Chairman.

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 179.

SB 185.

SB 188.

SB 189.

SB 207.

SB 209.

SR 139.

SR 147.

SR 152.

Respectfully submitted,

Pelham of the 10th District,

Chairman.

MONDAY, JANUARY 27, 1964

179

The following bill was introduced, read the first time, and referred to committee:

HB 745. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb and others:
A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors"; so as to remove the provi sions requiring State warehousing of the beverages regulated by this act; and for other purposes.
Referred to Committee on Appropriations.

Senator Carlton of the 21st 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.

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Senate Chamber, Atlanta, Georgia, Tuesday, January 28, 1964.

The Senate met pursuant to adjournment at 10:30 this morning, and was called to order by the president.

Scripture reading was offered by Reverend William W. Byington, pastor, First Methodist Church, Madison, Georgia.
Prayer was offered by Father Joseph Beltran, pastor, Saint Peter and Paul Catholic 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 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 Carlton of the 21st 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:

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181

HB 811. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Clayton County, so as to repeal the provision relating to written contracts between municipalities in Clayton County and the Board in connection with grading, paving and maintaining the roads; and for other purposes.

HB 812. By Mr. Bynum of Rabun:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Rabun County known as the fee system, to provide in lieu thereof an annual salary; and for other purposes.

HB 813. By Messrs. Caldwell and Echols of Upson:
A bill to amend an Act, so as to provide that in certain counties if the tax collector or tax commissioner is on a salary, the commissions pro vided for collecting certain taxes shall be paid to the county and shall be county funds; and for other purposes.

HB 814. By Messrs. Caldwell and Echols of Upson:
A bill to provide that the terms of office of members of county boards of tax assessors in all counties of the State having a population of not less than 23,750 and not more than 23,850, shall be one year and until their successors are duly appointed and qualified; and for other pur poses.

HB 815. By Messrs. Caldwell and Echols of Upson:
A bill to amend the acts, incorporating the Village of East Thomaston, by reducing the corporate limits of said village and to repeal so much of said Acts as embrace property which is by this Act excluded; and for other purposes.

HB 816. By Messrs. Caldwell and Echols of Upson:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Upson County into the Office of Tax Commissioner of Upson County; and for other purposes.

HB 822. By Messrs. Shea, Richardson and Funk of Chatham:
A bill to amend an act prescribing and establishing the compensation of the Clerk of the Superior Court, Eastern Judicial Circuit, and pre scribing the method of paying the same, so as to provide that the com pensation of the Clerk, shall not be less than $8,500.00 per year; and for other purposes.

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HB 823. By Messrs. Shea, Richardson and Funk of Chatham:
A bill to amend an act amending several Acts creating and relative to the City Court of Savannah, so as to increase the salary of the Sheriff of the City Court of Savannah; and for other purposes.

HB 825. By Messrs. Shea, Richardson and Funk of Chatham:
A bill to amend an act prescribing and establishing compensation and/or salary for the Coroner of Chatham County, so as to increase the com pensation of the Coroner of Chatham County; and for other purposes.

HB 833. By Mr. Moate of Hancock:
A bill to place the Sheriff, Ordinary, and the Clerk of the Superior Court of Hancock County on an annual salary in lieu of the fee system of compensation; and for other purposes.

HB 789. By Messrs. Ware and Spikes of Troup:
A bill to amend an act creating a new charter for the City of LaGrange, so as to increase the corporate limits of the City of LaGrange; and for other purposes.

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

SB 229. By Senator Knox of the 24th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of McDuffie County into the office of Tax Commissioner of McDuffie County; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 230. By Senator Knox of the 24th:
A bill to create a Board of Commissioners of Roads and Revenues of McDuffie County, Georgia; to provide for the composition of the Board; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 231. By Senator Knox of the 24th:
A bill changing the compensation of the Sheriff and other officers of McDuffie County from the fee system to the salary system, so as to

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183

provide that no transportation or other expenses shall be paid to the Sheriff except upon approval by the Board of Commissioners; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 232. By Senator Hunt of the 26th:
A bill known as the "Uniform Act Regulating Traffic on Highways", so as to provide that the operators of all school buses shall display lighted headlamps when transporting school children; to repeal con flicting laws; and for other purposes.
Referred to Committee on Highways.
SB 234. By Senator Kidd of the 25th:
A bill to provide that it shall be unlawful for any person to wrongfully take any scientific data, or any other information written or unwritten, which concerns or relates to the trade secrets of any person, firm, partnership, association or corporation; to provide a penalty; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 235. By Senator Kidd of the 25th:
A bill providing the procedure for establishing juvenile courts in various counties of this state, so as to provide that a person may serve as a judge of the juvenile court in one or more counties; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 236. By Senators Jackson of the 16th, and Webb of the llth:
A bill to authorize the payment of certain federal tax refunds to a surviving spouse; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.

SB 237. By Senator Jackson of the 16th:
A bill to amend an act known as "The Georgia Professional Association Act", so as to redefine the term "professional service"; to repeal con flicting laws; and for other purposes.
Referred to Committee on Business, Trade and Commerce.

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JOURNAL OF THE SENATE,

SB 238. By Senator Salome of the 36th:
A bill creating a Department of Public Safety for the State of Georgia, and providing for the issuance, suspension and revocation of motor ve hicle driver licenses, so as to change the age limit requirement of persons obtaining Georgia driver's license; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.

SR 159. By Senator Conway of the 41st:
A resolution relative to an interstate compact on truck weights and lengths; and for other purposes.
Referred to Committee on Highways.

SR 160. By Senators Downing of the 1st, and Searcey of the 2nd:
A resolution proposing an amendment to the Constitution so as to pro vide that one-half of the funds received from taxes on distilled spirits and alcohol shall be distributed to the municipalities in those counties wherein the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" is in effect; and for other purposes.
Referred to Committee on Temperance.
Senator Searcey of the 2nd moved that SR 160 be engrossed.

On the motion, the ayes were 31, nays 7, and the motion prevailed.

SR 161. By Senators Knox of the 24th, Smith of the 18th, Puqua of the 22nd, Scott of the 23rd, Byrd of the 17th, Hunt of the 26th, Gordy of the 15th, and Jackson of the 16th:
A resolution relative to an interstate highway connecting Fort Benning, Warner Robins and Fort Gordon; and for other purposes.
Referred to Committee on Highways.

HB 789. By Messrs. Ware and Spikes of Troup:
A bill to amend an act creating a new charter for the City of LaGrange, so as to increase the corporate limits of the City of LaGrange; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 811. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Clayton County, so as to repeal the provision relating

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185

to written contracts between municipalities in Clayton County and The Board in connection with grading, paving and maintaining of roads and streets; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 812. By Mr. Bynum of Rabun:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Rabun County known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 813. By Messrs. Caldwell and Echols of Upson:
A bill to amend an act so as to provide that in certain counties if the tax collector or tax commissioner is on a salary, the commissions pro vided for collecting certain taxes shall be paid to the county and shall be county funds; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 814. By Messrs. Caldwell and Echols of Upson:
A bill to provide that the terms of office of members of county boards of tax assessors in counties having a population of not less than 23,750 and not more than 23,850, shall be one year and until their successors are duly appointed and qualified; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 815. By Messrs. Caldwell and Echols of Upson:
A bill to amend an act incorporating the Village of East Thomaston in Upson County, by reducing the corporate limits of said village and to repeal so much of said acts as embrace property which is by this act excluded; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 816. By Messrs. Caldwell and Echols of Upson:
A bill to consolidate the offices of tax receiver and tax collector of Upson County into the office of tax commissioner of Upson County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 822. By Messrs. Shea, Richardson and Punk of Chatham:
A bill to amend an act prescribing and establishing the compensation of the clerk of the superior court, Eastern Judicial Circuit, Chatham County, Georgia; and for other purposes.
Referred to Committee on County and Municipal Governments.

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JOURNAL OF THE SENATE,

HB 823. By Messrs. Shea, Richardson and Funk of Chatham:
A bill to amend an act amending the several acts creating and relative to the City Court of Savannah, so as to increase the salary of the sheriff of the City Court of Savannah; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 825. By Messrs. Shea, Richardson and Funk of Chatham:
A bill to amend an act prescribing and establishing compensation for the coroner of Chatham County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 833. By Mr. Moate of Hancock: A bill to place the sheriff, ordinary and the clerk of the Superior Court of Hancock 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.
The following bills and resolutions were read the second time:
SB 223. By Senators Phillips of the 27th, and Carter of the 14th: A bill creating a Department of Public Safety, so as to remove the limitation on the number of officers and men allowed in the Battalion; to repeal conflicting laws; and for other purposes.
SB 224. By Senator Phillips of the 27th: A bill relating to the regulation of the practice of pharmacy, so as to provide immunity from civil liability for certain acts performed by the members of the Georgia State Board of Pharmacy; and for other purposes.
SB 225. By Senator Phillips of the 27th: A bill entitled "Georgia Permit Act", so as to provide for the revocation of permits issued by the Board of Pharmacy for certain violations; to provide for certain violations; to repeal conflicting laws; and for other purposes.
SB 226. By Senator Phillips of the 27th: A bill relating to the collection of assessments for street improvements by municipal corporations, so as to make said assessments a lien against the property from the date the assessment fi. fa. is recorded on the general execution document; and for other purposes.

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187

SB 227. By Senator Phillips of the 27th:
A bill relating to the separate estate of a female spouse and restrictions upon her power to pledge it as security; to repeal conflicting laws; and for other purposes.

SB 228. By Senators Wesberry of the 37th, Salome of the 36th, Maclntyre of the 40th, Coggin of the 35th, Brewer of the 39th, Brown of the 34th, and Johnson of the 38th:
A bill to provide for the disposition of certain funds received by county officials, officers and employees; to repeal conflicting laws; and for other purposes.

SB 233. By Senators Gayner of the 5th, Gillis of the 20th, Holloway of the 12th, Jackson of the 16th, and Phillips of the 27th:
A bill to enact the "Georgia Administrative Procedure Act"; and for other purposes.

SR 158. By Senators Johnson of the 42nd, Conway of the 41st, and McWhorter of the 43rd:
A resolution proposing an amendment to the Constitution so as to de clare the acquisition, establishment, operation and administration of the system of public transportation of passengers for hire in the metro politan area of the City of Atlanta and the Counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett to be an essential governmental function and a public purpose and to authorize the creation of a public corpora tion or authority for such purpose; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

HB 740. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act repealing an act repealing part 3, Cigars and Cigarettes, of the 1933 Code of Georgia, so as to impose a tax upon the sale, use or other disposition of cigars and cigarettes within this State; and for other purposes.
HB 742. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to remove that provision allowing com pensation to the dealer for collecting, accounting for, and remitting the tax levied by said act; and for other purposes.
HB 743. By Messrs. Smith of Grady, Bolton of Spalding and others:
A bill to amend Code Section 92-3102, relating to the rate of taxation upon corporate income, as amended; and for other purposes.

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JOURNAL OF THE SENATE,

HB 744. By Messrs. Smith of Grady, Bolton of Spalding and others:
A bill to amend an act providing for license and excise taxes upon the business of dealing in malt beverages, approved March 23, 1935, as amended, so as to increase the malt beverage excise tax; and for other purposes.

HB 732. By Mr. Murphy of Haralson:
A bill to amend an act establishing a program of assistance to the totally and permanently disabled and to define eligibility and terms and to provide for the administration of said program by the State and county departments of public welfare, so as to change the provisions relating to eligibility for assistance; and for other purposes.

HB 745. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb and others:
A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors"; so as to remove the provi sions requiring State warehousing of the beverages regulated by this act; and for other purposes.

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 725. Do Pass.

Respectfully submitted,

Holloway of 12th 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:
SB 176. Do Pass. SR 148. Do Pass.

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189

HB 523. Do Pass. HB 796. Do Pass. HB 799. Do Pass. HR 355. Do Pass. HR 349. Do Pass. SB 156. Do Pass. SR 142. Do Pass. HR 751. Do Pass. SB 181. Do Pass by substitute.

Respectfully submitted, Rowan of 8th 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 Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 211. Do Pass. Respectfully submitted, Brown of 34th District, Chairman.

Mr. Carter of the 14th District, Secretary of the Committee on Agriculture and Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture and Natural Resources has had under con 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 recom mendations :
SB 197. Do Pass.
HB 613. Do Pass. Respectfully submitted,
Carter of 14th District, Secretary.

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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 considera tion the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
SB 210. Do Pass.
Respectfully submitted,
Hall of 52nd 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 bill of the Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendation:

SB 198.

Do Pass by substitute.

Respectfully submitted, Carter of 14th District, Secretary.

The following local, uncontested bill, favorably reported by the committee, was read the third time, and put upon its passage:

SB 211. By Senators Maclntyre of the 40th, Coggin of the 35th, Johnson of the 38th, Salome of the 36th and others:
A bill to amend an act establishing a new charter for the City of Roswell, approved Feb. 9, 1950, (Ga. Laws 1950, p. 2178), as amended, so as to change the corporate limits 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 33, nays 0.

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191

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 210. By Senator Oliver of the 4th: A bill to provide that the whole costs of the case and expenses of the trial involving an inmate of the State Prison System shall be borne by the State Board of Corrections under certain conditions; to repeal con flicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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.

The report 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 1.

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

SB 198. By Senators Carlton of the 21st, Jackson of the 16th, and Webb of the llth and others: A bill to create the Georgia Educational Improvement Council; to pro vide for appointment and terms of members; to repeal conflicting laws; and for other purposes.
The Committee on Educational Matters offered the following substitute:
A BILL
To be entitled an Act creating the Georgia Educational Improve ment Council and providing for appointment of members thereof; to

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provide for terms of members; to provide for ex-officio members; to define the purpose and function of the Council; to provide for organiza tion and meetings of the Council; to provide for office space, and for employment of staff and consultants needed from funds made available to the Council; to provide for payment of per diem and reimbursement for expenses; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. To assure continued Statewide interest in a motivational force for the continued improvement of educational opportunities in Georgia, there is hereby created the Georgia Educational Improvement Council which shall be composed of twelve (12) members, two (2) of of whom shall not have voting rights. The members are as follows: The Chairman of the State Board of Education, the Chairman of the State Board of Regents, the Chairman of the Education Committee of the House of Representatives, the Chairman of the Educational Matters Committee of the Senate, the State Superintendent of Schools, the Chancellor of the University System of Georgia, and six influential and respected citizens from the State at large who have demonstrated knowledge of and interest in the educational opportunities of and the long-range educational problems confronting the State of Georgia and its citizens, to be appointed by the Governor for a four year term, except that initially two persons shall be appointed for one (1) year terms, two persons for two (2) year terms, one person for a three (3) year term, and one person for a four (4) year term, each of said initial terms to date from July 1, 1964. Council members appointed from the public at large shall hold office for the term of their appoint ment and until their successors are appointed and qualify, and shall be eligible for reappointment. The State Superintendent of Schools and the Chancellor of the University System of Georgia shall have no voting rights.
Section 2. It shall be the purpose and function of the Council to study the constantly changing long-range educational needs in Georgia at all levels of education in Georgia and to advise, assist and cooperate closely with the Governor, the General Assembly, the State Board of Education, the State Board of Regents, and other appropriate agencies, both public and private, in developing plans and programs for meeting these educational needs, and the public educational institutions and agencies in Georgia and such public educational bodies shall cooperate and work with the Council and provide the Council, upon request, such information and assistance as may be practicable and helpful to the Council in performing its purpose and function.
Section 3. The Council shall hold its first meeting as soon as practicable after formation and upon the call of the temporary chair man to be appointed by the Governor, and shall, at its first meeting elect a person from the members appointed from the State at large to serve as chairman, and proceed to organize itself in such manner as shall best be conducive to the accomplishment of its purpose and function. The Council shall meet at such regular times as it shall prescribe and upon call of the chairman or upon request to the chair man of a majority of the members of the Council.

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193

Section 4. The Governor shall provide the Council with such office space as may be necessary for the Council to perform its purposes and functions and the Council shall be authorized to employ such staff and consultants as may be reasonably necessary to carry out the pur poses and functions of the Council from such funds as may be made available to the Council. Appointive members of the Council, and the members of the Council from the General Assembly, shall be en titled to receive per diem of twenty ($20.00) dollars for every day traveling to and from and in attendance at meetings or functions of the Council, plus reimbursement for actual expenses necessarily in curred therewith. The other members of the Council shall not be entitled to receive per diem but shall be entitled to receive reimburse ment for actual expenses necessarily incurred in connection with at tendance at meetings or functions of the Council. Provided, neverthe less, that the funds for the Georgia Educational Improvement Council shall be such only as are appropriated by separate line item by the General Assembly of Georgia based upon a budget request of such Council. In the event the Governor appoints any person who is an official or employee of either the Judicial or Legislative Branch, such person shall be authorized to serve as a member of the Council and to receive the per diem and expenses provided for herein from the funds provided for the Council, regardless of the provisions of any other law to the contrary.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 35, nays 0, and the sub stitute was adopted.

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

On the passage of the bill, the ayes were 34, nays 4.

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

HB 725. By Mr. Jones of Lumpkin:
A bill to amend an act making it unlawful to sell certain automobiles unless they shall be equipped with safety belts, so as to provide that the safety belts required by this act may be installed by the manu facturer or by the dealer; and for other purposes.

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

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On the passage of the bill, the ayes were 32, nays 0.

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

Senator Carlton of the 21st 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.

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195

Senate Chamber, Atlanta, Georgia, Wednesday, January 29, 1964.

The Senate met pursuant to adjournment at 10:30 this morning, and was called to order by the president.

Scripture reading was offered by Reverend Bennard McCard, pastor, First Baptist Church, Pearson, Georgia.

Prayer was offered by Reverend Alton C. Prickett, pastor, First Methodist Church, Willacoochee, Georgia.

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

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

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

Pennington Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Zorn

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 Carlton of the 21st 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.

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3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills 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 & Senate to-wit:

HB 837. By Mr. Harrell of Fayette:
A bill to amend an act creating a new charter for the City of Fayetteville, approved Aug. 21, 1911 (Ga. L. 1911, p. 1171), as amended, so as to change the method of filling vacancies; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.

HB 839. By Mr. Carr of Washington:
A bill to amend an act creating the City Court of Sandersville, in and for the County of Washington, approved Oct. 31, 1901 (Ga. L. 1901, p. 164), as amended, so as to change the name of the Court; to change the provisions relative to costs of court in certain cases; to repeal con flicting laws and for other purposes.
HB 840. By Mr. Poss of Madison:
A bill to amend an act amending, consolidating and superseding the several acts incorporating the City of Danielsville and providing a new charter therefor, approved Feb. 16, 1949 (Ga. L. 1949, p. 587), as amended, so as to change the terms of Councilmen; to change the length of time for which the polls are to remain open; and for other purposes.
HB 842. By Messrs. Richardson, Funk, and Shea of Chatham:
A bill to amend an act providing for the compensation of the Ordinary of Chatham County, approved March 17, 1958 (Ga. L. 1958, p. 2529), as amended so as to change the compensation of the Ordinary of Chat ham County; to provide for the collection and disposition of all fees, costs, and emoluments accruing to the office of the Ordinary of Chat ham County and for other purposes.

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197

HB 847. By Mr. Hall of Lee:
A bill to repeal an act establishing the City Court of Leesburg, in and for the County of Lee; and for other purposes; approved Aug. 21, 1905, (Ga. L. 1905, p. 266), as amended; to provide for the dis position of all suits, cases, papers, processes, books, indices, and other matters of said Court; and for other purposes.

HB 848. By Mr. Hall of Lee:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Lee County, known as the fee system; to provide in lieu thereof an annual salary; to repeal conflicting laws; and for other purposes.

HB 851. By Mr. Bowen of Randolph:
A bill to vest in the tax-commissioners of counties of a certain popu lation all the powers and duties of sheriffs in their respective coun ties, relative only to the collection of all tax fi. fas. issued by such tax-commissioners, to make levy of such fi. fas., to repeal conflicting laws; and for other purposes.

HB 723. By Messrs. Brooks of Fulton and Smith of Grady:
A bill to regulate the conduct of officers, employees and agents of political subdivisions, public corporations and other public organizazations, so as to make it a crime to improperly influence action by the governing authorities of any political subdivision of the State; and for other purposes.

HB 852. By Messrs. Pickard, Jones and Dicus of Muscogee: A bill to provide that in all counties having a certain population wherein a juvenile court has been established, the salary of the judge shall be determined by the General Assembly; to repeal conflict ing laws; and for other purposes.
HB 853. By Messrs. Pickard, Jones and Dicus of Muscogee: A bill to provide that in counties having a population of not less than 150,000 and not more than 175,000, the county commission or other governing authority is authorized to create certain emeritus offices; and for other purposes.
HB 658. By Mr. Flournoy of Cobb: A bill to create a Court to be known as the "Civil Court of Cobb County", to define its jurisdiction and powers; and for other purposes.

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HB 798. 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 that the State of Georgia become a party to the "Southern Interstate Nuclear Compact" so as to admit into the Compact the State of Missouri; and for other purposes.

HB 803. 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 "Children and Youth Act" so as to provide that the Governor shall appoint a Judge of the Superior Courts and a Judge of the Juvenile Courts to the State Board for Children and Youth; and for other purposes.

HB 802. By Messrs. Smith of Grady and Bolton of Spalding:
A bill to amend an act creating the office of Solicitor-General Emeritus and the Solicitors' General Retirement Fund of Georgia, so as to pro vide for penalty interest upon delinquent payments into said fund; and for other purposes.

HR 324. By Messrs. Etheridge, Brooks and McClelland of Fulton:
A resolution proposing an amendment to the Constitution so as to pro vide for the abolition of the office of Coroner of Fulton County and the creation of the office of Medical Examiner of Fulton County; and for other purposes.

HR 363. By Mr. Moate of Hancock:
A resolution proposing an amendment to the Constitution so as to pro vide for the appointment of the County School Superintendent of Hancock County by the Board of Education of Hancock County; and for other purposes.
HR 365. By Messrs. Shea, Richardson and Funk of Chatham:
A resolution proposing an amendment to the Constitution, so as to pro vide for the establishment of fire protection districts, sewerage and sanitation districts and water works districts in Chatham County; and for other purposes.
HR 380. By Messrs. Snow and Abney of Walker:
A resolution proposing an amendment to the Constitution so as to au thorize the Walker County Development Authority to issue bonds and ' to authorize the General Assembly to grant such powers, duties and : authority as it shall deem fit to the Authority; and for other purposes.

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199

HE 383. By Mr. Roberts of Jones:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of the members of the Board of Education of Jones County by the people; and for other purposes.

HR 361. By Messrs. Caldwell and Echols of Upson:
A resolution proposing an amendment to the Constitution so as to au thorize the City of Thomaston and its governing authority to combine and operate the water and sewerage system and electric system of said City as one revenue undertaking; and for other purposes.

HR 382. By Mr. Smith of Camden:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Camden County to bind said County by contract with any corporation, partnership, firm, or individual so as to provide a stabilized property tax program for said county; and for other purposes.

HR 379. By Mr. Wells of Oconee:

.. .....

A resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Oconee County by the people; and for other purposes.

HR 378. By Mr. Poss of Madison:

:

A resolution proposing an amendment to the Constitution so as to pro

vide for the election of members of the Board of Education of Madison

County by the people; and for other purposes.

:

HR 381. By Mr. Vaughn of Rockdale:
A resolution proposing an amendment to the Constitution so as to in crease the debt limitation of Rockdale County; and for other purposes.

The House has passed as amended the following bill of the Senate:

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

The House has adopted the following resolutions of the House and Senate:

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HE 407. By Messrs. Dixon of Ware, Raulerson of Eehols and many others:
A resolution relative to the acreage reduction for certain types of tobacco; and for other purposes.

SR 150. By Senator Webb of the llth:
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 151. By Senator Webb of the llth:
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 239. By Senator Zorn of the 6th:
A bill to provide that upon the second or subsequent conviction under an act entitled the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors"; to repeal conflicting laws; and for other purposes.
Referred to Committee on Temperance.

SB 240. By Senator Zorn of the 6th:
A bill to amend an act entitled the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors," so as to provide punishment upon the conviction of possessing one or more gallons of distilled spirits or alcohol upon which the tax has not been paid; and for other purposes.
Referred to Committee on Temperance.

SR 162. By Senators Broun of the 46th, Knox of the 24th, Plunkett of the 30th, Carter of the 14th, and Lee of the 47th: A resolution proposing an amendment to the Constitution so as to pro vide for the appointment of the State School Superintendent by the State Board of Education; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Rules.
The following bills and resolutions were read the second time:

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201

SB 229. By Senator Knox of the 24th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of McDuffie County into the office of Tax Commissioner of McDuffie County; to repeal conflicting laws; and for other purposes.

SB 230. By Senator Knox of the 24th:
A bill to create a Board of Commissioners of Roads and Revenues of McDuffie County, Georgia; to provide for the composition of the Board; to repeal conflicting laws; and for other purposes.

SB 231. By Senator Knox of the 24th:
A bill changing the compensation of the Sheriff and other officers of McDuffie County from the fee system to the salary system, so as to provide that no transportation or other expenses shall be paid to the Sheriff except upon approval by the Board of Commissioners; and for other purposes.

SB 232. By Senator Hunt of the 26th:
A bill known as the "Uniform Act Regulating Traffic on Highways", so as to provide that the operators of all school buses shall display lighted headlamps when transporting school children; to repeal con flicting laws; and for other purposes.

SB 234. By Senator Kidd of the 25th:
A bill to provide that it shall be unlawful for any person to wrongfully take any scientific data, or any other information written or unwritten, which concerns or relates to the trade secrets of any person, firm, partnership, association or corporation; to provide a penalty; to repeal conflicting laws; and for other purposes.

SB 235. By Senator Kidd of the 25th:
A bill providing the procedure for establishing juvenile courts in various counties of this state, so as to provide that a person may serve as a judge of the juvenile court in one or more counties; to repeal con flicting laws; and for other purposes.

SB 236. By Senators Jackson of the 16th, and Webb of the llth:
A bill to authorize the payment of certain federal tax refunds to a surviving spouse; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.

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SB 237. By Senator Jackson of the 16th:
A bill to amend an Act known as "The Georgia Professional Asso ciation Act", so as to redefine the term "professional service"; to repeal conflicting laws; and for other purposes.

SB 238. By Senator Salome of the 36th:
A bill creating a Department of Public Safety for the State of Georgia, and providing for the issuance, suspension and revocation of motor vehicle driver licenses, so as to change the age limit requirement of persons obtaining Georgia driver's license; to repeal conflicting laws; and for other purposes.

SR 159. By Senator Conway of the 41st:
A resolution relative to an interstate compact on truck weights and lengths; and for other purposes.

SR 160. By Senators Downing of the 1st, and Searcey of the 2nd:
A resolution proposing an amendment to the Constitution so as to provide that one-half of the funds received from taxes on distilled spirits and alcohol shall be distributed to the municipalities in those counties wherein the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" is in effect; and for other purposes.

SR 161. By Senators Knox of the 24th, Smith of the 18th, Fuqua of the 22nd, Scott of the 23rd, Byrd of the 17th, Hunt of the 26th, Gordy of the 15th, and Jackson of the 16th:
A resolution relative to an interstate highway connecting Fort Benning, Warner Robins and Fort Gordon; and for other purposes.

HB 789. By Messrs. Ware and Spikes of Troup:
A bill to amend an act creating a new charter for the City of LaGrange, so as to increase the corporate limits of the City of LaGrange; and for other purposes.

HB 811. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Clayton County, so as to repeal the provision relat ing to written contracts between municipalities in Clayton County and The Board in connection with grading, paving and maintaining of roads and streets; and for other purposes.

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203

HB 812. By Mr. Bynum of Rabun:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Rabun County known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 813. By Messrs. Caldwell and Echols of Upson:
A bill to amend an act so as to provide that in certain counties if the tax collector or tax commissioner is on a salary, the commissions pro vided for collecting certain taxes shall be paid to the county and shall be county funds; and for other purposes.

HB 814. By Messrs. Caldwell and Echols of Upson:
A bill to provide that the terms of office of members of county boards of tax assessors in counties having a population of not less than 23,750 and not more than 23,850, shall be one year and until their suc cessors are duly appointed and qualified; and for other purposes.

HB 815. By Messrs. Caldwell and Echols of Upson:
A bill to amend an act incorporating the Village of East Thomaston in Upson County, by reducing the corporate limits of said village and to repeal so much of said acts as embrace property which is by this act excluded; and for other purposes.

HB 816. By Messrs. Caldwell and Echols of Upson:
A bill to consolidate the offices of tax receiver and tax collector of Upson County into the office of tax commissioner of Upson County; and for other purposes.

HB 822. By Messrs. Shea, Richardson and Funk of Chatham:
A bill to amend an act prescribing and establishing the compensation of the clerk of the superior court, Eastern Judicial Circuit, Chatham County, Georgia; and for other purposes.

HB 823. By Messrs. Shea, Richardson and Funk of Chatham: A bill to amend an act amending the several acts creating and relative to the City Court of Savannah, so as to increase the salary of the sheriff of the City Court of Savannah; and for other purposes.
HB 825. By Messrs. Shea, Richardson and Funk of Chatham: A bill to amend an act prescribing and establishing compensation for the coroner of Chatham County; and for other purposes.

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JOURNAL OP THE SENATE,

HB 833. By Mr. Moate of Hancock:
A bill to place the sheriff, ordinary and the clerk of the Superior Court of Hancock County on an annual salary in lieu of the fee system of compensation; and for other purposes.

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 of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:

HB 710. Do Pass.

HB 720. Do Pass.

HB 754. Do Pass.

HB 774. Do Pass.

HB 775. Do Pass.

HB 776. Do Pass.

HB 779. Do Pass.

HB 782. Do Pass.

HB 783. Do Pass.

HB 788. Do Pass.

Respectfully submitted,

Brown of 34th District,

Chairman.

Mr. Coggin of the 35th District, Secretary of the Committee on Temperance, submitted the following report:
Mr. President:
Your Committee on Temperance 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 199. Do Pass. SB 149. Do Not Pass.
Respectfully submitted, Frank E. Coggin of 35th District, Secretary.

WEDNESDAY, JANUARY 29, 1964

205

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 195. Do Pass. SB 202. Do Pass. HB 726. Do Pass.
Respectfully submitted,
Smalley of 28th 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 following bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 740. Do Pass. HB 742. Do Pass. HB 743. Do Pass. HB 744. Do Pass. HB 745. Do Pass.
Respectfully submitted,
Hugh Gillis of 20th District,
Chairman.

The following local, uncontested bills, favorably reported by the committee, were read the third time, and put upon their passage:
HB 774. By Mr. Bynum of Rabun: A bill to provide for a secretarial assistant for the clerk of the Superior Court of Rabun County; and for other purposes.

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JOURNAL OF THE SENATE,

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

On the passage of the bill, the ayes were 29, nays 0.

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

HB 775. By Mr. DeVane of Schley:
A bill to amend an act creating a new charter for the City of Ellaville, so as to change the corporate limits and for other purposes.

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

On the passage of the bill, the ayes were 31, nays 0.

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

HB 776. By Mr. Hall of Lee:
A bill to amend an act providing for a charter for the City of Smithville, so as to provide the hours during which the polls for elections shall be open 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 30, nays 0.

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

HB 710. By Mr. Bowen of Dooly:
A bill to amend an act creating a charter for the City of Unadilla, so as to empower governing authorities of the mayor and city council of same to close and declare surplus property the platted passageway of and in block 16; and for other purposes.

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

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207

On the passage of the bill, the ayes were 28, nays 0.

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

HB 720. By Mr. Twitty of Mitchell:
A bill to amend an act relating to the limitation on the amount of ad valorem tax which municipalities may levy for ordinary current expenses, so as to provide that the City of Pelham shall not be affected by the provisions of Code sections 92-4101 through 92-4104; and for other purposes.

The report 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 754. By Mr. Henderson of Atkinson:
A bill to amend an act creating the office of tax commissioner of Atkinson County, so as to change the compensation of said tax com missioner; and for other purposes.

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

On the passage of the bill, the ayes were 31, nays 0.

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

HB 779. By Mr. Jones of Liberty:
A bill to provide for the appointment and terms of office of members of the Liberty County Industrial Authority; and for other purposes.

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

On the passage of the bill, the ayes were 29, nays 0.

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JOURNAL OF THE SENATE,

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

HB 782. By Messrs. Shea, Funk and Richardson of Chatham:
A bill to amend an act relating to and incorporating the mayor and aldermen of the City of Savannah so as to extend the corporate limits; and for other purposes.

The report 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 783. By Messrs. Richardson, Funk and Shea of Chatham:
A bill to amend an act relating to the charter of the mayor and alder men of the City of Savannah, and police 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.

HB 788. By Mr. Twitty of Mitchell: A bill to amend an act relating to the charter of Pelham, so as to provide for a system of public schools; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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

HB 744. 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 license and excise taxes upon the business of dealing in malt beverages, so as to increase the malt bever age excise 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 40, nays 5.

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

HB 743. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act relating to the rate of taxation, upon corporate income, so as to increase the rate of taxation upon corporate income; and for other purposes.

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

On the passage of the bill, the ayes were 36, nays 5.

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

HB 745. 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 "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors; so as to remove the provisions requiring State warehousing of the beverages regulated by this act; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, the ayes were 39, nays 5.

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

HB 740. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act relating to cigars and cigarettes, so as to impose a tax upon the sale, use or other disposition of cigars and cigarettes within this State; and for other purposes.

Senator Jackson of the 16th offered the following amendment:
Amend HB 740 by striking from section 2 thereof the amendment therein made which adds a subparagraph (c) to section 4.

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, was agreed to as amended.

On the passage of the bill, Senator Tribble of the 3rd 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:

Brewer Broun Brown Byrd Carlton Carter Coggin Conway Ellis Fincher Fuqua Gillis Gordy Hall

Harrison Holloway Jackson Johnson of 42nd Kendrick Kidd Knox Lee Loggins Miller Moore McWhorter Oliver Owens

Pelham Pennington Phillips Plunkett Scott Smalley Smith Thomas Webb Wesberry Yancey Zorn

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Those voting in the negative were Senators:

Downing Gayner Hunt Maclntyre

McKinnon Rowan Searcey Spinks

Tribble Young

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

On the passage of the bill, the ayes were 40, nays 10.

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

Senator Carlton of the 21st asked unanimous consent that HB 740 be im mediately transmitted to the House.

The consent was granted.

HB 742. 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 remove that provision allowing com pensation to the dealer for collecting, accounting for, and remitting the tax levied by said act; and for other purposes.
Senator Carlton of the 21st offered the following amendment:
.Amend HB 742 a. By amending the title to said Bill by inserting after the clause: "to provide for penalties against dealers failing to make any return or pay the full amount of tax required by said Act" an additional clause as follows: "to amend the industrial materials exemption provided in said Act;
b. By striking from the paragraph of Section 1 of said bill pro viding for compensation the dealer for collecting, accounting for, and remitting the tax the dollar amount of "$60,000." and substituting in lieu thereof the dollar amount of $120,000.00 so that said paragraph as thus amended shall read as follows:
"For the purpose of compensating the dealer for collecting, accounting for, and remitting the tax levied by this Act, such dealer shall be allowed three per cent (3%) of the tax due and accounted for and remitted to the Commissioner on the first $120,000.00 of

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such dealer's annual taxable sales in the form of a deduction in submitting his report and paying the amount due by him; provided the amount due was not delinquent at the time of payment."

c. By adding a new section to said bill to be numbered Section 3 to read as follows:

"Section 3. Said Act is hereby further amended by striking from the first sentence of the first paragraph of Section 3 (c)2 the following words at the end thereof: "shipment or sale" and substituting in lieu thereof the words: "sale at retail" and by in serting the following sentence between the first and last sentences of the first paragraph of said Section 3 (c)2:

"To qualify for the packaging exemption, such items must constitute an element of the retail sale and must not be used for any purpose other than packaging, nor shall there be any right to the return of such items separate and apart from the property packaged; provided, however, such items which are customarily returned or are reclaimed separate and apart from the property sold, or items for which a deposit is required, shall not be deemed to be an element of the retail sale and shall not qualify for the exemption."

so that said first paragraph of said Section 3 (c)2 shall read as follows:
"The term 'sale at retail', 'use', 'storage', and 'consumption' shall not include the sale, use, storage or consumption of indus trial materials for future processing, manufacture or conversion into articles of tangible personal property for resale where such industrial materials become a component part of the finished product nor shall such terms include industrial materials, other than machinery and machinery repair parts, that are coated upon or impregnated into the product at any stage of its processing, manufacture or conversion, nor shall such terms include materials, containers, labels, sacks or bags used for packaging tangible per sonal property for sale at retail. To qualify for the packaging exemption, such items must constitute an element of the retail sale and must not be used for any purpose other than packaging, nor shall there be any right to the return of such items separate and apart from the property packaged; provided, however, such items which are customarily returned or are reclaimed separate and apart from the property sold, or items for which a deposit is re quired, shall not be deemed to be an element of the retail sale and shall not qualify for the exemption. Provided, however, the term 'industrial materials' shall not include natural or artificial gas, oil, gasoline, electricity, solid fuel, ice or other materials used for heat, light, power or other materials used for heat, light, power or refrigeration in any phase of the manufacturing, processing or con verting process."
d. By renumbering Sections 3 and 4 of said bill as Section 4 and 5 thereof, respectively.

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On the adoption of the amendment, the ayes were 47, nays 1, 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, Senator Tribble of the 3rd 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:

Brewer Broun of 46th Byrd Carlton Carter Coggin Conway Ellis Fuqua Gillis Hall Heard

Jackson Johnson of 42nd Johnson of 38th Kendrick Knox Lee Loggins Miller Moore McWhorter Oliver Owens

Pelham Pennington Plunkett Salome Scott Smalley Smith Thomas Webb Wesberry

Those voting in the negative were Senators:

Brown of 34th Downing Fincher Gayner Gordy Harrison Holloway

Hunt Kidd Maclntyre McKinnon Phillips Rowan Searcey

Spinks Tribble Yancey Young Zorn

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

On the passage of the bill, the ayes were 34, nays 19.

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

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Senator Spinks of the 9th gave notice that at the proper time he would move to reconsider HB 742.

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 198. SB 210. SB 211.
Respectfully submitted, Pelham of the 10th District, Chairman.

Senator Carlton of the 21st 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.

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Senate Chamber, Atlanta, Georgia, Thursday, January 30, 1964.

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 Thornton Williams, pastor, First Baptist Church in LaGrange, Georgia and president of the Georgia Baptist Convention.

Prayer was offered by Monsignor John D. Toomey, prelate of the St. James Catholic Church, Savannah, 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 Carlton of the 21st 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:

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HB 670. By Messrs. Groover and House of Bibb:
A bill to authorize municipalities to enact ordinances making it un lawful to sell or possess non-tax paid alcoholic beverages; to author ize punishment for violations; to provide the procedure connected there with; to repeal conflicting laws; and for other purposes.

HB 736. By Mr. Pickard of Muscogee:
A bill to amend an act relating to willful trespass upon the lands of another, so as to provide that any person who shall willfully enter, go upon or pass over any land of another which is posted with conspicuous signs shall be guilty of a misdemeanor and for other purposes.

HB 741. 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 Hospital Authority Act", so as to remove the limitation upon the amount of bonds the authority may issue; and for other purposes.

HB 787. By Messrs. Payton of Coweta, Mackay of DeKalb and Dicus of Muscogee:
A bill to amend an act relating to the application for renewal of a bank charter, so as to change the amount of capital stock which must be voted in order to authorize an application for renewal of a bank charter; and for other purposes.

HB 819. By Mr. Flournoy of Cobb:
A bill to provide that the words "city", "town", or "municipality" in the statutory laws of Georgia shall be construed as synonymous and shall mean a municipal corporation; and for other purposes.

The House has agreed to the Senate amendment to the following bill of the House:

HB 740. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act repealing an act, so as to impose a tax upon the sale, use or other disposition of cigars and cigarettes within this State; and for other purposes.

Senator Brewer of the 39th, on a point of personal privilege, made the following remarks:

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217

"I would like to rise for a point of personal privilege. Yesterday when I cast my vote for HB 742, I said 'Nay', and was misunderstood, and I want the record to show that I did vote 'No' on that bill."

The president announced that the senator would be so recorded in the journal.

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

SB 241. By Senators Pennington of the 45th, and Fuqua of the 22nd:
A bill known as the "Georgia Farmers Market Authority Act", so as to redefine the term "bonds" or "revenue bonds" to more fully pre scribe and set forth the remedies of bondholders; and for other pur poses.
Referred to Committee on Banking and Finance.

SB 242. By Senators Pennington of the 45th, and Fuqua of the 22nd:
A bill to amend an act known as the "State Ports Authority Act" so as to redefine the term "bonds" or "revenue bonds"; to repeal conflict ing laws; and for other purposes.
Referred to Committee on Banking and Finance.

SB 243. By Senators Pennington of the 45th, and Fuqua of the 22nd:
A bill to amend an act known as the "State Penal and Rehabilitation Authority Act", so as to redefine the term "bonds" or "revenue bonds", to more fully prescribe and set forth the remedies of bondholders; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SB 244. By Senators Pennington of the 45th, and Fuqua of the 22nd:
A bill to amend an act known as the "State Hospital Authority Act", so as to redefine the term "bonds" or "revenue bonds"; to repeal con flicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SB 245. By Senators Pennington of the 45th, and Fuqua of the 22nd:
A bill to amend an Act known as the "Jekyll Island--State Park Authority Act", so as to redefine the term "bonds" or "revenue bonds", so as to more fully prescribe and set forth the remedies of bondholders; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

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SB 246. By Senators Pennington of the 45th, and Fuqua of the 22nd:
A bill to amend an Act known as the "University System Building Authority Act", so as to redefine the term "bonds" or "revenue bonds", so as to more fully prescribe and set forth the remedies of bondholders; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SB 247. By Senators Pennington of the 45th, and Fuqua of the 22nd:
A bill to amend an act known as the "State Office Building Authority Act", so as to redefine the term "bonds" or "revenue bonds", to more fully prescribe and set forth the remedies of bondholders; to repeal con flicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SB 248. By Senators Pennington of the 45th, and Fuqua of the 22nd:
A bill to amend an act known as the "State School Building Authority Act", so as to redefine the term "bonds" or "revenue bonds"; so as to more fully prescribe and set forth the remedies of bondholders; to re peal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SB 249. By Senators Pennington of the 45th, and Fuqua of the 22nd: A bill to amend an act known as the "Stone Mountain Memorial Asso ciation Act", so as to redefine the term "bonds" or "revenue bonds"; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
SB 250. By Senators Plunkett of the 30th, and Heard of the 29th: A bill to provide for the appointment of an Assistant Solicitor Gen eral in the Coweta Judicial Circuit; to provide for his duties, com pensation, authority, and term of office; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 251. By Senator Plunkett of the 30th: A bill pertaining to dividing the State into 10 congressional districts, so as to provide for the reapportionment and alinement of the counties or portions thereof into 10 congressional districts; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.

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219

SB 252. By Senators Maclntyre of the 40th, Brewer of the 39th, Johnson of the 38th, Salome of the 36th, Wesberry of the 37th, Coggin of the 35th, and Brown of the 34th:
A bill establishing a new charter for the City of Roswell, so as to change the corporate limits of said City; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SR 163. By Senator Smalley of the 28th:
A resolution proposing an amendment to the Constitution so as to authorize Spalding County, in unincorporated areas, to construct, pave, maintain 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; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Rules.
HB 723. By Messrs. Brooks of Pulton and Smith of Grady:
A bill to regulate the conduct of officers, employees and agents of political subdivisions, public corporations and other public organizations, so as to make it a crime to improperly influence action by the governing authorities of any political subdivision of the State; and for other purposes.
Referred to Committee on Rules.
HB 798. 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 that the State of Georgia become a party to the "Southern Interstate Nuclear Compact", so as to admit into the Compact of the State of Missouri; and for other purposes.
Referred to Committee on Rules.
HB 658. By Mr. Flournoy of Cobb:
A bill to create a court to be known as the "Civil Court of Cobb County"; to define its jurisdiction and powers; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 802. By Messrs. Smith of Grady and Bolton of Spalding:
A bill to amend an act creating the office of Solicitor-General Emeritus and the Solicitors' General Retirement Fund of Georgia, so as to pro vide for penalty interest upon delinquent payments into said fund; and for other purposes.
Referred to Committee on Judiciary.

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HB 803. 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 "Children and Youth Act" so as to provide that the Governor shall appoint a judge of the superior courts and a judge of the juvenile courts to the State Board for Children and Youth; and for other purposes.
Referred to Committee on Judiciary.

HB 670. By Messrs. Groover and House of Bibb:
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 Judiciary.

HB 736. By Mr. Pickard of Muscogee:
A bill to amend an act relating to willful trespass upon the lands of another, so as to provide that any person who shall willfully enter, go upon or pass over any land of another which is posted with conspicuous signs shall be guilty of a misdemeanor; and for other purposes.
Referred to Committee on Judiciary.

HB 741. 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 Hospital Authority Act", so as to remove the limitation upon the amount of bonds the authority may issue; and for other purposes.
Referred to Committee on Banking and Finance.

HB 787. By Messrs. Payton of Coweta, Mackay of DeKalb and Dicus of Mus cogee :
A bill to amend an act relating to the application for renewal of a bank charter, so as to change the amount of capital stock which must be voted in order to authorize an application for renewal of a bank charter; and for other purposes.
Referred to Committee on Banking and Finance.

HB 819. By Mr. Flournoy of Cobb:
A bill to provide that the words "city", "town" or "municipality" in the statutory laws of Georgia shall be construed as synonymous and shall mean a municipal corporation; and for other purposes.
Referred to Committee on Rules.

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221

HB 837. By Mr. Harrell of Fayette:
A bill to amend an act creating a new charter for the City of Fayetteville, approved August 21, 1911, (Ga. L. 1911, p. 1171), as amended, so as to change the method of filling vacancies; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 839. By Mr. Carr of Washington:
A bill to amend an act creating the City Court of Sandersville, in and for the County of Washington, approved October 31, 1901, (Ga. L. 1901, p. 164), as amended, so as to change the name of the court; to change the provisions relative to costs of court in certain cases; to repeal con flicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 840. By Mr. Poss of Madison:
A bill to amend an act amending, consolidating and superseding the several acts incorporating the City of Danielsville and providing a new charter therefor, approved Feb. 16, 1949, (Ga. L. 1949, p. 587), as amended, so as to change the terms of councilmen; to change the length of time for which the polls are to remain open; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 842. By Messrs. Richardson, Funk and Shea of Chatham:
A bill to amend an act providing for the compensation of the ordinary of Chatham County, approved March 17, 1958, (Ga. L. 1958, p. 2529), as amended, so as to change the compensation of the ordinary of Chat ham County; to provide for the collection and disposition of all fees, costs, and emoluments accruing to the office of the ordinary of Chatham County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 847. By Mr. Hall of Lee:
A bill to repeal an act establishing the City Court of Leesburg, in and for the County of Lee; and for other purposes; approved August 21, 1905, (Ga. L. 1905, p. 266), as amended, to provide for the disposition of all suits, cases, papers, processes, books, indices, and other matters of said court; and for other purposes.
Referred to Committee on County and Municipal Governments.

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HB 848. By Mr. Hall of Lee:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Lee County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 851. By Mr. Bowen of Randolph:
A bill to vest in the tax-commissioners of counties of a certain populalation all the powers and duties of sheriffs in their respective counties, relative only to the collection of all tax fi. fas. issued by such taxcommissioners, to make levy of such fi. fas., to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 852. By Messrs. Pickard, Jones and Dicus of Muscogee:
A bill to provide that in all counties having a certain population wherein a juvenile court has been established, the salary of the judge shall be determined by the General Assembly; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 853. By Messrs. Pickard, Jones and Dicus of Muscogee:
A bill to provide that in counties having a population of not less than 150,000 and not more than 175,000, the county commission or other governing authority is authorized to create certain emeritus offices; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 324. By Messrs. Etheridge, Brooks and McClelland of Fulton:
A resolution proposing an amendment to the Constitution so as to pro vide for the abolition of the office of Coroner of Fulton County and for the creation of the office of medical examiner of Fulton County; and for other purposes.
Referred to Committee on Rules.

HR 363. By Mr. Moate of Hancock:
A resolution proposing an amendment to the Constitution so as to provide for the appointment of the County School Superintendent of Hancock County by the Board of Education of Hancock County; and for other purposes.
Referred to Committee on Rules.

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223

HR 365. By Messrs. Shea, Richardson and Funk of Chatham:
A resolution proposing an amendment to the Constitution, so as to pro vide for the establishment of fire protection districts, sewerage and sanitation districts and water works districts in Chatham County; and for other purposes.
Referred to Committee on Rules.

HR 380. By Messrs. Snow and Abney of Walker:
A resolution proposing an amendment to the Constitution so as to authorize the Walker County Development Authority to issue bonds and to authorize the General Assembly to grant such powers, duties and authority as it shall deem fit to the Authority; and for other purposes.
Referred to Committee on Rules.

HR 361. By Messrs. Caldwell and Echols of Upson:
A resolution proposing an amendment to the Constitution so as to au thorize the City of Thomaston and its governing authority to combine and operate the water and sewerage system and electric system of said city as one revenue undertaking; and for other purposes.
Referred to Committee on Rules.

HR 382. By Mr. Smith of Camden:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Camden County to bind said county by contract with any corporation, partnership, firm, or individual so as to provide a stabilized property tax program for said county; and for other purposes.
Referred to Committee on Rules.

HR 379. By Mr. Wells of Oconee:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of the members of the Board of Education of Oconee County by the people; and for other purposes.
Referred to Committee on Rules.

HR 378. By Mr. Poss of Madison:
A resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Madison County by the people; and for other purposes.
Referred to Committee on Rules.

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HR 381. By Mr. Vaughn of Rockdale:
A resolution proposing an amendment to the Constitution so as to increase the debt limitation of Rockdale County; and for other purposes.
Referred to Committee on Rules.

HR 383. By Mr. Roberts of Jones:
A resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Jones County by the people; and for other purposes.
Referred to Committee on Rules.

The following bills and resolutions were read the second time:

SB 239. By Senator Zorn of the 6th:
A bill to provide that upon the second or subsequent conviction under an Act entitled the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors"; to repeal conflicting laws; and for other pur poses.

SB 240. By Senator Zorn of the 6th:
A bill to amend an act entitled the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide punishment upon the conviction of possessing one or more gallons of distilled spirits or alcohol upon which the tax has not been paid; and for other purposes.

SR 162. By Senators Broun of the 46th, Knox of the 24th, Plunkett of the 30th, Carter of the 14th, and Lee of the 47th:
A resolution proposing an amendment to the Constitution so as to pro vide for the appointment of the State School Superintendent by the State Board of Education; to provide for submission of this amendment for ratification or rejection; and for other purposes.

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 236. Do Pass.

Respectfully submitted,

Rowan of 8th District,

Secretary.

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225

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 206. Do Pass. HB 452. Do Pass, by Substitute.
Respectfully submitted, Smalley of 28th District, Chairman.

The following bill was taken up for the purpose of considering House amend ments thereto:

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 House amendments were as follows:
Mr. Wilson of Brantley moved to amend SB 3 by inserting the word "guardian" after the word uncle in line 10 of the third paragraph of Section 1.
Mr. Chandler of Baldwin moved to amend SB 3 by inserting the following language at the end of section 1:
"The State Department of Family and Children Services is authorized to make application for, receive and disburse funds granted by the Department of Health, Education and Welfare for demonstration project purposes on behalf of children sixteen (16) through eighteen (18) years of age who are in families receiving aid to families with dependent children grants, for educational and training purposes; provided no State funds appropriated for such program are used therefor for giants or salaries of personnel em ployed, but such funds are either Federal, Local County tax funds, or those voluntarily contributed by others."
Mr. Chandler of Baldwin moved to amend SB 3 by adding after the words "vocational school" in the second paragraph of section 1 the following: "or who, due to disability or illness, is unable to attend school".

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Senator Kidd of the 25th moved that the Senate disagree to the House amendments on SB 3.

On the motion, the ayes were 36, nays 0, and the amendments were disagreed to.

The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:
SB 176. By Senators Carlton of the 21st and Webb of the llth:
A bill to require that all construction of public works contracts entered into by the various agencies of the State Government shall be conducted and negotiated by the Supervisor of Purchases; to repeal conflicting laws; and for other purposes.

Senator Webb of the llth offered the following amendment:
Amend SB 176 by adding to Section 1 of said bill and in the new Section to be numbered Section 13A as follows:
By adding in the last sentence of the new section 13A as con tained in said bill immediately following the words, "and the Board of Regents of the University System of Georgia," the following:
", and the expenditure of money credited to the account of this State in the Unemployment Trust Fund by the Secretary of the United States of America pursuant to Section 903 of the Social Security Act and appropriated as provided in Section 9 of the Employment Security Law, as amended,".

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, 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.

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SB 169. By Senator Wesberry of the 37th:
A bill to provide for the safety of life, limb and property and to pro mote the public welfare; to define elevators, dumbwaiters, escalators, and their hoistways, and to provide for the registration, inspection, submission of plans and construction thereof; and for other purposes.

Senator Wesberry of the 37th asked unanimous consent that SB 169 be re committed to the Committee on Health and Welfare.

The consent was granted.

SB 197. By Senator Downing of the 1st:
A bill to amend an act completely and exhaustively revising, super-' seding and consolidating the laws relating to the State Game and Fish Commission, approved March 7, 1955, (Ga. Laws 1955, p. 483), as amended, so as to provide for honorary fishing licenses for totally blind residents of the State of Georgia; and for other purposes.

Te report 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 199. By Senators Miller of the 50th, Ellis of the 44th, Kendrick of the 32nd, and many others:
A bill to amend an act known as "The Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938, (Ga. Laws 1937-38, Ex. Sess., p. 102), as amended, so as to permit the special agents and enforcement officers of the Revenue Department to deliver all sugar fit for human consumption to the public schools of the county in which seized; and for other purposes.

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

On the passage of the bill, the ayes were 35, nays 0.

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

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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 February 21, 1958, (Ga. Laws 1958, p. 61), as amended, to become members of the Employees' Retirement System of Georgia; and for other purposes.

Senator Pennington of the 45th moved that SB 156 be indefinitely postponed.

On the motion to postpone, the ayes were 28, nays 0, and the motion pre vailed.

SB 195. By Senator Holloway of the 12th:
A bill to amend Code Section 37-607, as amended, so as to provide that the powers of sale in deeds of trust, mortgages, security deeds, deeds to secure debt and other instruments shall be strictly construed and fairly exercised; to repeal conflicting laws; and for other purposes.

Senator Holloway of the 12th asked unanimous consent that SB 195 be recommitted to the Committee on Judiciary.

The consent was granted.
SB 202. By Senators Brown of the 34th, Heard of the 29th and McWhorter of the 43rd: A bill to repeal Code Section 89-9908, relating to the method of indict ment of county public officers for malpractice in office; to repeal con flicting laws; and for other purposes.
Senator Brown of the 34th asked unanimous consent that SB 202 be recom mitted to the Committee on Judiciary.
The consent was granted.
Senator McWhorter of the 43rd arose to a point of personal privilege and made the following remarks, after which by unanimous consent the Senate in structed that they be incorporated in the Journal:
In the years since my first term in the General Assembly of the State of Georgia, I have consistently supported the education bills and

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229

the measures to finance them. When the Minimum Foundation Program of Education was proposed in 1947, it was offered as a bill to bring the Georgia schools up to a more decent standard of adequacy. I sup ported this bill and the revenue measures to finance it. While I have observed many improvements in the building of classrooms and schools for our pupils, the raising of teachers' salaries, and generally higher school expenditures, I observe with sadness that for the past two weeks we are replaying the shortcomings and the problems of education in 1964 in the same way as in 1947.

Prom the findings of the Governor's Commission, Georgia is still on the bottom of the fifty states.

I ask the members of the Senate and the State School Superin tendent, when will the Georgia schools be improved?
With my colleagues of the Senate, I supported the new education bill, and with my colleagues I have supported the tax measures pro posed to partially finance the provisions of the bill. In doing this I am motivated by a desire to provide adequate educational opportunities for my grandchildren and for all the children of the State of Georgia, but I say to my fellow senators that more than money is required to bring about the improvements in the public schools of this State. When will the instructional standards be raised? When will economies be prac ticed? When will an aggressive and efficient school administration be provided? When will economies in school transportation be practiced? When will Georgia cease to be at the bottom of the fifty states in the number of high school graduates and the number of young people in colleges and trade schools?

As a member of the Senate I believe that this body is entitled to

know that progress and improvement will occur because of the new

education bill and the additional local and state finances which we have

voted to finance this bill. Before I am asked to support any additional

taxes for schools, I expect performance, efficiency, and economy from

the State School Superintendent. I expect the several school systems

of the State, through their boards of education and superintendents, to

provide a program of instruction which is comparable to the program

of instruction in the rest of the nation. This is a reasonable expecta

tion. Unless this occurs, ten years from today we will again be drafting

an education measure and funds to finance it, and the sorry condition

of the Georgia schools will be the same as they were in 1947 and the

same as they are today. I want a guarantee that Georgia schools will

not be on the bottom of the fifty states.

.

This will take more than money. Money alone will not do the job. There must be an improvement in the educational leadership and in the administration of the vast public school organization of this State.

SR 148. By Senators Johnson of the 42nd, Conway of the 41st and McWhorter of the 43rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to incorporate by reference provisions

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of the Federal Internal Revenue Code, including subsequent amend ments thereto; to provide for the submission of this amendmnt for rati fication or rejection; and for other purposes.

Senator Johnson of the 42nd asked unanimous consent that SR 148 be re committed to the Committee on Rules.

The consent was granted.

SB 181. By Senator Conway of the 41st:
A bill requiring all meetings of the governing bodies of municipalities, counties, boards of public instruction, boards of county commissioners, and other boards, bureaus, commissions or organizations, except grand juries, supported in whole or in part by public funds or expending public funds to be public meetings; to provide a penalty; and for other purposes.

The Committee on Rules offered the following substitute:
A BILL
To be entitled an act to require that all meetings of the governing bodies of municipalities, counties, boards of education, boards of county commissioners, and other boards, bureaus, commissions or organizations, except grand juries, supported in whole or in part by public funds or expending public funds, at which any official action of such bodies is taken or any vote by such bodies is conducted, shall be public; to provide a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. All meetings of the governing bodies of all municipali ties located within the State of Georgia, boards of county commissioners or other governing authorities of the counties in the State of Georgia, boards of education of the counties in the State of Georgia, and all other boards, bureaus, commissions or organizations in the State of Georgia, excepting grand juries, supported wholly or in part by public funds or expending public funds at which any official action of such bodies is taken or any vote by such bodies is conducted shall be public.
Section 2. Any person or persons violating any of the provisions of this Act shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding $250.00 or by imprisonment in the

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231

county jail for a period not exceeding three months, or by both such fine and imprisonment.

Section 3. If any provision of this Act or its application to any person, board, bureau, commission or organization shall be held uncon stitutional, such decision shall not affect the constitutionality of any other portion of the Act or its application to any other municipality, board, bureau, commission or organization.

Section 4. All laws and parts of laws in conflict with this act are hereby repealed.

Senator Zorn of the 6th offered the following amendment to the substitute for SB 181:
Amend substitute by striking from line 8 in section 1 the word "which" and substituting the phrase "shall, at the time", and amend the caption accordingly.

On the adoption of the amendment to the substitute, the ayes were 29, nays 0, and the amendment was adopted.

Senator Zorn of the 6th offered the following amendment to the substitute for SB 181:
Amend substitute in second line insert "the State" between "of" and "municipalities".
In fourth line strike the word "grand".
Under section 1, line 6, strike the word "grand".

On the adoption of the amendment to the substitute, the ayes were 39, nays 0, and the amendment to the substitute was adopted.

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

On the passage of the bill, the ayes were 36, nays 0.

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

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SB 236. By Senators Jackson of the 16th and Webb of the llth:
A bill to authorize the payment of certain Federal tax refunds to a surviving spouse; to provide the procedure connected therewith; to re peal 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.

Senator Jackson of the 16th asked unanimous consent that SB 236 be im mediately transmitted to the House.

The consent was granted.

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.

The Committee on Judiciary offered the following substitute:
A BILL
To be entitled an act to amend an act establishing juvenile courts, approved February 19, 1951 (Ga. Laws 1951, p. 291), as amended, particularly by an Act approved March 7, 1957 (Ga. Laws 1957, p. 307), so as to authorize the names and pictures of children of certain ages who are under the jurisdiction of the court, to be made public; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing juvenile courts, approved Febru ary 19, 1951 (Ga. Laws 1951, p. 291), as amended, particularly by an Act approved March 7, 1957 (Ga. Laws 1957, p. 307), is hereby amended

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233

by striking from Section 33 the following: "The name or picture of any child under the jurisdiction of the court shall not be made public by any newspaper or radio station except as authorized by order of the court. Any person who violates this provision shall be guilty of misdemeanor.", and inserting in lieu thereof the following: "The name or picture of any child under fifteen (15) years of age who is under the jurisdiction of the court shall not be made public by any newspaper, magazine, periodical, or other publication, or by any radio or television station, or by any other news media, except as authorized by order of the court. Any person who violates the provisions of the preceding sentence shall be guilty of a misdemeanor. It shall be mandatory, however, upon the judge of the juvenile court to release, upon request, the name of any child under the jurisdiction of the court who is fifteen (15) years of age or over, or the name of any child, regardless of age, who is under the jurisdiction of the court for a second or subsequent time, and it shall not be a criminal offense to make public the name or picture of any such child.", so that when so amended Section 33 shall read as follows:

Section 33. Records, forms, privileged information. -- The court shall make and keep records of all cases brought before it and shall devise and cause to be printed such forms for social and legal records and such other papers as may be required. The court's official records shall be open to inspection only by consent of the judge to persons having a legitimate interest therein. All informa tion obtained and social records prepared in the discharge of official duty by any employees of the court shall be privileged and shall not be disclosed directly or indirectly to anyone other than the judge or others entitled under this Act to receive such information, unless and until otherwise ordered by the judge. The name or pic ture of any child under fifteen (15) years of age who is under the jurisdiction of the court shall not be made public by any news paper, magazine, periodical, or other publication, or by any radio or by any radio or television station, or by any other news media, except as authorized by order of the court. Any person who vio lates the provisions of the preceding sentence shall be guilty of a misdemeanor. It shall be mandatory, however, upon the judge of the juvenile court to release, upon request, the name of any child under the jurisdiction of the court who is fifteeen (15) years of age or over, or the name of any child, regardless of age, who is under the jurisdiction of the court for a second or subsequent time, and it shall not be a criminal offense to make public the name or picture of any such child."
Section 2. Said Act is further amended by striking Section 33A, which reads as follows:
"Section 33A. It shall be mandatory upon the judge of the juvenile court to release the name of any child who is under the jurisdiction of the court for a second or subsequent time. No per son, firm or corporation shall be guilty of any offense for making public the name or picture of any such child.",

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in its entirety.

Section 3. All laws and parts of laws in conflict with this act are hereby repealed.

On the adoption of the substitute, the ayes were 41, nays 0, and the sub stitute was adopted.
On the passage of the bill by substitute, Senator Smalley of the 28th 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:

Brewer Brown of 34th Conway Ellis Fincher Gillis Harrison Heard Jackson

Johnson of 42nd Knox Lee Loggins Maclntyre Moore McWhorter Owens Phillips

Plunkett Smalley Smith Thomas Tribble Yancey Young

Those voting in the negative were Messrs.:

Carter Coggin Downing Gayner Hall Holloway Hunt

Johnson of 38th Kendrick Kidd Miller McKinnon Oliver Pelham

Rowan Salome Searcey Spinks Webb Wesberry

The roll call was verified.

On the passage of the bill, the ayes were 25, nays 20, and the bill was lost.

Senator Smalley of the 28th gave notice that at the proper time he would move that the Senate reconsider its action on HB 452.

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235

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has agreed to the Senate amendment to the following bill of the House to-wit:

HB 742. 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 remove that provision allowing com pensation to the dealer for collecting, accounting for, and remitting the tax levied by said Act; and for other purposes.
HB 726. By Messrs. House and Groover of Bibb, Clarke of Monroe, Bagby of Paulding, Mixon of Irwin and Killian of Glynn: A bill to amend an act relating to the construction of contracts, so as to provide for certain rules of interpretation to be applied in arriving at the true meaning of contracts; and for other purposes.
Senator Phillips of the 27th offered the following amendment:
Amend HB 726 by adding between subparagraphs 2 and 4 a new subparagraph to read as follows:
"3. The custom of any business or trade shall be binding only when it is of such universal practice as to justify the conclusion that it became, by implication, a part of the contract, except in regard to those transactions covered by the Uniform Commercial Code."
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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

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HB 751. By Messrs. Walker and Gibbons of Lowndes:
A bill to amend an act empowering cities, towns and counties to pro vide, maintain and conduct supervised recreation systems, so as to pro vide that any municipality shall have the authority to levy a tax in excess of any limitation contained in its municipal charter if a referen dum is held; and for other purposes.

The report 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 799. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb 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 mem ber of the Governor's staff without the permission of the Governor; to prohibit the sale of such signs, or emblems; and for other purposes.

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

On the passage of the bill, the ayes were 34, nays 0.

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

Senator 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 236.

Respectfully submitted,

Pelham of the 10th District,

Chairman.

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237

Senator Carter of the 21st 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 Monday morning at 11:00 o'clock.

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Senate Chamber, Atlanta, Georgia, Monday, February 3, 1964.

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 the Reverend Albert W. Huyck, Jr., pastor, First Baptist Church, Royston, Georgia.

Prayer was offered by the Reverend Roland L. Walker, pastor, First Method ist Church, Elberton, Georgia.

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

Senator Smalley of the 28th moved that the Senate reconsider its action on the following bill of the House:

HB 452. By Mr. Storey 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.

On the motion to reconsider, the ayes were 20, nays 16.
The motion prevailed, and HB 452 was placed on the calendar.
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 Carlton of the 21st 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.

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239

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 & Senate to-wit:

HB 862. By Mr. Rainey of Crisp:
A bill to amend an act creating a Board of County Commissioners for the County of Crisp, so as to change the provisions relating to the elec tion of County Commissioners; and for other purposes.

HB 863. By Messrs. Wiggins and Duncan of Carroll:
A bill to amend an act amending, revising, and consolidating the several acts granting corporate authority to the City of Carrollton, so as to change the maximum compensation of the councilmen of the City of Carrollton; and for other purposes.

HB 868. By Messrs. Caldwell and Echols of Upson:
A bill to amend an act creating a new charter for the City of Thomaston, to change and extend the present corporate limits of said city and to describe new territory to become a part of the City of Thomaston; and for other purposes.

HB 870. By Messrs. Flournoy, Wilson and Teague of Cobb:
A bill to amend an act establishing a new charter for the City of Acworth so as to include therein certain territory in the County of Cobb contiguous and adjacent to existing boundaries of said city, and for other purposes.

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JOURNAL OF THE SENATE,

HB 874. By Messrs. Poke and Coker of Cherokee:
A bill to amend an act incorporating the City of Canton, so as to delete a certain part from Section 2 of said Act; and for other purposes.

HB 876. By Mr. Hall of Lee:
A bill to provide that in counties having a certain population, the clerk of the superior court of any such county shall be ex officio clerk of the ordinary's court for the purpose of attending such court in all cases for the violation of traffic laws in such county; and for other purposes.

HB 877. By Messrs. Pope and Coker of Cherokee:
A bill to amend an act incorporating the City of Canton, so as to provide for employment of a City Manager; and for other purposes.

HB 878. By Messrs. Pope and Coker of Cherokee:
A bill to amend an act incorporating the City of Canton, so as to provide for division of the City into wards for the purpose of electing Councilmen; and for other purposes.

HB 879. By Messrs. Pope and Coker of Cherokee:
A bill to amend an act incorporating the City of Canton, so as to increase the corporate limits of said city to include therein certain territory in the County of Cherokee contiguous and adjacent to the South side thereof; and for other purposes.

HB 880. By Messrs. Lowrey and Jordan of Ployd:
A bill to amend an act amending Section 92-5301 of the Code of Ga., so as to provide that in certain counties if the tax collector or tax commis sioner is on a salary, the commissions provided for collecting certain taxes shall be paid to the county and shall be county funds; and for other purposes.

HB 881. By Messrs. Lowrey and Jordan of Floyd:
A bill to amend an act abolishing the officer of Tax Receiver and Tax Collector of Floyd County, so as to provide that the salary provided for the Tax Commissioner shall be in lieu of all fees, etc.; and for other purposes.

HB 883. By Mr. Reaves of Brooks:
A bill to amend Code Section 21-105 so as to change the compensation of coroners in certain counties; and for other purposes.

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241

SB 207. By Senator Miller of the 50th:
A bill to amend an act creating the office of Commissioner of Roads and Revenues in and for the County of Pickens, so as to abolish said office; and for other purposes.

HB 872. By Mr. Andrews of Stephens:
A bill to provide for the appointment of a personal representative to manage the assistance payments for recipients of Public Assistance benefits who become unable to manage the assistance payments or other wise fails so to manage; and for other purposes.

HB 786. By Mr. Hale of Bade:
A bill to amend Code Sec. 32-927 relating to the expenditure of borrowed money, so as to change the method of expenditure of borrowed money; and for other purposes.

HB 896. By Mr. Deen of Bacon:
A bill to amend an act known as the "Hospital Authorities Law", so as to authorize a hospital authority to provide meals or hous-keeping func tions, or both, for tenants of low-rent housing projects for elderly per sons; and for other purposes.
The following bills and resolutions were introduced, read the first time and referred to committees:

SB 253. By Senator Miller of the 50th:
A bill to create a Commission to be known as the "Commission on Local Government"; to provide for a short title; to provide for definitions; to provide for an executive committee; to provide for powers; to provide for a quorum; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 254. By Senator Holloway of the 12th:
A bill to provide that goods in transit moving over or through the State of Georgia, or consigned to a warehouse within the state for storage, in transit, to a final destination outside the state, shall not be deem?d to have acquired a situs in Georgia for ad valorem tax purposes; and for other purposes.
Referred to Committee on Business, Trade and Commerce.

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SB 255. By Senator Owens of the 49th:
A bill to amend an act entitled "An Act to make it a misdemeanor for any person to operate a boat on any public waters of this state while in an intoxicated condition or in a manner which disregards the safety of others; so as to prohibit persons under 16 years of age from operating motor boats on the public waters of this State unless accompanied by an adult"; and for other purposes.
Referred to Committee on Judiciary.

SB 256. By Senator Spinks of the 9th:
A bill defining the practice of osteopathy so as to redefine the practice of osteopathy; to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.

SR 166. By Senators Brown of the 34th, and Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to pro vide increased homestead exemption for persons sixty-five (65) years of age; to provide for submission for ratification or rejection; and for other purposes.
Referred to Committee on Rules.

SR 167. By Senators Conway of the 41st, and Carlton of the 21st. A resolution amending the Rules of the Senate; and for other purposes.
Referred to Committee on Rules.

HB 862. By Mr. Rainey of Crisp:
A bill to amend an act creating a Board of County Commissioners for the County of Crisp, so as to change the provisions relating to the election of county commissioners; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 863. By Messrs. Wiggins and Duncan of Carroll: A bill to amend an act granting corporate authority to the City of Carrollton, so as to change the maximum compensation of the councilmen of the City of Carrollton; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 868. By Messrs. Caldwell and Echols 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 of said city and

MONDAY, FEBRUARY 3, 1964

243

to describe new territory to become a part of the City of Thomaston; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 870. By Messrs. Flournoy, Wilson and Teague of Cobb: A bill to amend an act establishing a new charter for the City of Acworth, so as to include therein certain territory in the County of Cobb contiguous and adjacent to existing boundaries of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 874. By Messrs. Pope and Coker of Cherokee: A bill to amend an act incorporating the City of Canton, so as to delete a certain described area; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 876. By Mr. Hall of Lee:
A bill to provide that in certain counties the clerk of the Superior Court shall be ex-officio clerk of the ordinary's court for the purpose of attend ing such court in all cases for the violation of traffic laws in such county; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 877. By Messrs. Pope and Coker of Cherokee:
A bill to amend an act incorporating the City of Canton, so as to provide for employment of a city manager, and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 878. By Messrs. Pope and Coker of Cherokee:
A bill to amend an act incorporating the City of Canton, so as to provide for division of the city into wards for the purpose of electing councilmen; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 879. By Messrs. Pope and Coker of Cherokee:
A bill to amend an act incorporating the City of Canton, so as to in crease the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.

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JOURNAL OF THE SENATE,

HB 880. By Messrs. Lowrey and Jordan of Floyd:
A bill to amend an act so as to provide that in certain counties if the tax collector or tax commissioner is on a salary, the commissions provided for collecting certain taxes shall be paid to the county and shall be county funds; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 881. By Messrs. Lowrey and Jordan of Floyd:
A bill to amend an act abolishing the offices of tax receiver and tax col lector of Floyd County, relating to fees, commissions, costs; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 883. By Mr. Reaves of Brooks:
A bill to amend an act relating to fees for coroners, so as to change the compensation of coroners in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 872. By Mr. Andrews of Stephens:
A bill to provide for the appointment of a personal representative to manage the assistance payments for recipients of public assistance bene fits who become unable to manage the assistance payments or otherwise fails so to manage; and for other purposes.
Referred to Committee on Rules.

HB 786. By Mr. Hale of Dade:
A bill to amend Code section 32-927 relating to the expenditure of bor rowed money, so as to change the method of expenditure of borrowed money; and for other purposes.
Referred to Committee on Banking and Finance.

HB 896. By Mr. Deen of Bacon: A bill to amend an act known as the "Hospital Authorities Law", so as to authorize a hospital authority to provide meals or housekeeping func tions, or both, for tenants of low-rent housing projects for elderly per sons; and for other purposes.
Referred to Committee on Rules.
The following bills and resolutions were read the second time:

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245

SB 241. By Senators Pennington of the 45th, and Fuqua of the 22nd:
A bill known as the "Georgia Farmers Market Authority Act", so as to redefine the term "bonds" or "revenue bonds" to more fully prescribe and set forth the remedies of bondholders; and for other purposes.

SB 242. By Senators Pennington of the 45th, and Fuqua of the 22nd:
A bill to amend an act known as the "State Ports Authority Act" so as to redefine the term "bonds" or "revenue bonds"; to repeal conflicting laws; and for other purposes.

SB 243. By Senators Pennington of the 45th, and Fuqua of the 22nd:
A bill to amend an act known as the "State Penal and Rehabilitation Authority Act", so as to redefine the term "bonds" or "revenue bonds", to more fully prescribe and set forth the remedies of bondholders; to repeal conflicting laws; and for other purposes.

SB 244. By Senators Pennington of the 45th, and Fuqua of the 22nd:
A bill to amend an act known as the "State Hospital Authority Act", so as to redefine the term "bonds" or "revenue bonds"; to repeal conflicting laws; and for other purposes.

SB 245. By Senators Pennington of the 45th, and Fuqua of the 22nd:
A Bill to amend an Act known as the "Jekyll Island-State Park Author ity Act", so as to redefine the term "bonds" or "revenue bonds", so as to more fully prescribe and set forth the remedies of bondholders; to repeal conflicting laws; and for other purposes.

SB 246. By Senators Pennington of the 45th, and Fuqua of the 22nd:
A bill to amend an act known as the "University System Building Au thority Act", so as to redefine the term "bonds" or "revenue bonds", so as to more fully prescribe and set forth the remedies of bondholders; to repeal conflicting laws; and for other purposes.

SB 247. By Senators Pennington of the 45th, and Fuqua of the 22nd:
A bill to amend an act known as the "State Office Building Authority Act", so as to redefine the term "bonds" or "revenue bonds", to more fully prescribe and set forth the remedies of bondholders; to repeal con flicting laws; and for other purposes.

SB 248. By Senators Pennington of the 45th, and Fuqua of the 22nd:
A bill to amend an act known as the "State School Building Authority Act", so as to redefine the term "bonds" or "revenue bonds"; so as to more fully prescribe and set forth the remedies of bondholders; to repeal conflicting laws; and for other purposes.

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SB 249. By Senators Pennington of the 45th, and Fuqua of the 22nd:
A bill to amend an act known as the "Stone Mountain Memorial Associa tion Act"; so as to redefine the term "bonds" or "revenue bonds"; to repeal conflicting laws; and for other purposes.

SB 250. By Senators Plunkett of the 30th, and Heard of the 29th:
A bill to provide for the appointment of an Assistant Solicitor General in the Coweta Judicial Circuit; to provide for his duties, compensation, authority, and term of office; to repeal conflicting laws; and for other purposes.
SB 251. By Senator Plunkett of the 30th:
A bill pertaining to dividing the State into 10 congressional districts, so as to provide for the reapportionment and alinement of the counties or portions thereof into 10 congressional districts; to repeal conflicting laws; and for other purposes.

SB 252. By Senators Maclntyre of the 40th, Brewer of the 39th, Johnson of the 38th, Salome of the 36th, Wesberry of the 37th, Coggin of the 35th, and Brown of the 34th:
A bill establishing a new charter for the City of Roswell, so as to change the corporate limits of said City; to repeal conflicting laws; and for other purposes.
SR 163. By Senator Smalley of the 28th:
A resolution proposing an amendment to the Constitution so as to author ize Spalding County, in unincorporated areas, to construct, pave, main tain 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; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
HB 723. By Messrs. Brooks of Fulton and Smith of Grady:
A bill to regulate the conduct of officers, employees and agents of politi cal subdivisions, public corporations and other public organizations, so as to make it a crime to improperly influence action by the governing authorities of any political subdivision of the State; and for other purposes.
HB 798. 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 that the State of Georgia become a party to the "Southern Interstate Nuclear Compact", so as to admit into the Compact of the State of Missouri; and for other purposes.

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247

HB 658. By Mr. Flournoy of Cobb:
A bill to create a court to be known as the "Civil Court of Cobb County"; to define its jurisdiction and powers; and for other purposes.

HB 802. By Messrs. Smith of Grady and Bolton of Spalding:
A bill to amend an act creating the office of Solicitor-General Emeritus and the Solicitors' General Retirement Fund of Georgia, so as to provide for penalty interest upon delinquent payments into said fund; and for other purposes.

HB 803. 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 "Children and Youth Act" so as to provide that the Governor shall appoint a judge of the superior courts and a judge of the juvenile courts to the State Board for Children and Youth; and for other purposes.

HB 670. By Messrs. Groover and House of Bibb:
A bill to authorize municipalities to enact ordinances making it unlawful to sell or possess non-tax paid alcoholic beverages; and for other pur poses.

HB 736. By Mr. Pickard of Muscogee:
A bill to amend an act relating to willful trespass upon the lands of an other, so as to provide that any person who shall willfully enter, go upon or pass over any land of another which is posted with conspicuous signs shall be guilty of a misdemeanor; and for other purposes.

HB 741. 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 Hospital Authority Act", so as to remove the limitation upon the amount of bonds the authority may issue; and for other purposes.

HB 787. By Messrs. Payton of Coweta, Mackay of DeKalb and Dicus of Mus cogee :
A bill to amend an act relating to the application for renewal of a bank charter, so as to change the amount of capital stock which must be voted in order to authorize an application for renewal of a bank charter; and for other purposes.

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HB 819. By Mr. Plournoy of Cobb:
A bill to provide that the words "city", "town" or "municipality" in the statutory laws of Georgia shall be construed as synonymous and shall mean a municipal corporation; and for other purposes.

HB 837. By Mr. Harrell of Fayette:
A bill to amend an act creating a new charter for the City of Fayetteville, approved August 21, 1911 (Ga. L. 1911, p. 1171), as amended, so as to change the method of filling vacancies; to provide the procedure con nected therewith; to repeal conflicting laws; and for other purposes.

HB 839. By Mr. Carr of Washington:
A bill to amend an act creating the City Court of Sandersville, in and for the County of Washington, approved October 31, 1901 (Ga. L. 1901, p. 164), as amended, so as to change the name of the court; to change the provisions relative to costs of court in certain cases; to repeal con flicting laws; and for other purposes.

HB 840. By Mr. Poss of Madison:
A bill to amend an act amending, consolidating and superseding the several acts incorporating the City of Danielsville and providing a new charter therefor, approved Feb. 16, 1949 (Ga. L. 1949, p. 587), as amended, so as to change the terms of councilmen; to change the length of time for which the polls are to remain open; and for other purposes.

HB 842. By Messrs. Richardson, Funk and Shea of Chatham:
A bill to amend an act providing for the compensation of the ordinary of Chatham County, approved March 17, 1958 (Ga. L. 1958, p. 2529), as amended, so as to change the compensation of the ordinary of Chatham County; to provide for the collection and disposition of all fees, costs, and emoluments accruing to the office of the ordinary of Chatham County; and for other purposes.

HB 847. By Mr. Hall of Lee:
A bill to repeal an act establishing the City Court of Leesburg, in and for the County of Lee; and for other purposes; approved August 21, 1905 (Ga. L. 1905, p. 266), as amended, to provide for the disposition of all suits, cases, papers, processes, books, indices, and other matters of said court; and for other purposes.

HB 848. By Mr. Hall of Lee:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Lee County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

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249

HB 851. By Mr. Bowen of Randolph:
A bill to vest in the tax-commissioners of counties of a certain popula tion all the powers and duties of sheriffs in their respective counties, relative only to the collection of all tax fi. fas. issued by such taxcommissioners, to make levy of such fi. fas., to repeal conflicting laws; and for other purposes.

HB 852. By Messrs. Pickard, Jones and Dicus of Muscogee:
A bill to provide that in all counties having a certain population wherein a juvenile court has been established, the salary of the judge shall be determined by the General Assembly; to repeal conflicting laws; and for other purposes.

HB 853. By Messrs. Pickard, Jones and Dicus of Muscogee:
A bill to provide that in counties having a population of not less than 150,000 and not more than 175,000, the county commission or other gov erning authority is authorized to create certain emeritus offices; and for other purposes.

HR 324. By Messrs. Etheridge, Brooks and McClelland of Fulton:
A resolution proposing an amendment to the Constitution so as to pro vide for the abolition of the office of Coroner of Fulton County and for the creation of the office of medical examiner of Fulton County; and for other purposes.

HR 363. By Mr. Moate of Hancock: A resolution proposing an amendment to the Constitution so as to pro vide for the appointment of the County School Superintendent of Han cock County by the Board of Education of Hancock County; and for other purposes.
HR 365. By Messrs. Shea, Richardson and Funk of Chatham:
A resolution proposing an amendment to the Constitution, so as to pro vide for the establishment of fire protection districts, sewerage and sani tation districts and water works districts in Chatham County; and for other purposes.
HR 380. By Messrs. Snow and Abney of Walker:
A resolution proposing an amendment to the Constitution so as to author ize the Walker County Development Authority to issue bonds and to authorize the General Assembly to grant such powers, duties and author ity as it shall deem fit to the Authority; and for other purposes.

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HR 361. By Messrs. Caldwell and Echols of Upson:
A resolution proposing an amendment to the Constitution so as to author ize the City of Thomaston and its governing authority to combine and operate the water and sewerage system and electric system of said city as one revenue undertaking; and for other purposes.

HR. 382. By Mr. Smith of Camden:
A resolution proposing an amendment to the Constitution so as to author ize the governing authority of Camden County to bind said county by contract with any corporation, partnership, firm, or individual so as to provide a stabilized property tax program for said county; and for other purposes.

HR 379. By Mr. Wells of Oconee:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of the members of the Board of Education of Oconee County by the people; and for other purposes.

HR 378. By Mr. Poss of Madison:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Madison County by the people; and for other purposes.

HR 381. By Mr. Vaughn of Rockdale:
A resolution proposing an amendment to the Constitution so as to in crease the debt limitation of Rockdale County; and for other purposes.

HR 383. By Mr. Roberts of Jones:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of the members of the Board of Education of Jones County by the people; and for other purposes.

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 had 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 229. Do pass. SB 230. Do pass.

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251

SB 231. Do pass. HB 781. Do pass, HB 789. Do pass. HB 794. Do pass. HB 811. Do pass. HB 812. Do pass. HB 813. Do pass. HB 814. Do pass. HB 815. Do pass. HB 816. Do pass.

Respectfully submitted, Brown of the 34th District, Chairman.

The following local, uncontested bills and resolutions, were read the third time, and put upon their passage:

SB 229. By Senator Knox of the 24th:
A bill to consolidate the offices of tax receiver and tax collector of McDuffie County into the office of tax commissioner of McDuffie 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 230. By Senator Knox of the 24th: A bill to create a Board of Commissioners of Roads and Revenues of McDuffie County, Georgia; to provide for the composition of the Board; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, the ayes were 29, nays 0.

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

SB 231. By Senator Knox of the 24th:
A bill to amend an act changing the compensation of the sheriff and other officers of McDuffie County from the fee system to the salary system, approved March 9, 1959 (Ga. L. 1959, p. 2568), so as to provide that no transportation or other expenses shall be paid to the sheriff except upon approval by 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 781. By Mr. Kirkland of Tattnall: A bill to provide in Tattnall County for the recording, keeping and preservation of family histories; and for other purposes.

The report 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 789. By Messrs. Ware and Spikes of Troup:
A bill to amend an act creating a new charter for the City of LaGrange, so as to increase the corporate limits of the City of LaGrange; and for other purposes.

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

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253

On the passage of the bill, the ayes were 29, nays 0.

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

HB 794. By Mr. Moate of Hancock:
A bill to amend an act approved February 9, 1956 (Ga. Laws 1956, p. 2037), so as to change the compensation of the tax commissioner of Han cock 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 28, nays 0.

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

HB 811. By Messrs. Lee and Blalock of Clayton:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Clayton County, so as to repeal the provisions relating to written contracts between municipalities in Clayton County and the board in connection with grading, paving and maintaining of roads and streets; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 812. By Mr. Bynum of Rabun: A bill to abolish the present mode of compensating the clerk of the Superior Court of Rabun County known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, the ayes were 32, nays 0.

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

HB 813. By Messrs. Caldwell and Eehols of Upson:
A bill to amend an act so as to provide that in certain counties if the tax collector or tax commissioner is on a salary, the commissions provided for collecting certain taxes shall be paid to the county and shall be county funds; and for other purposes.

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

On the passage of the bill, the ayes were 29, nays 0.

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

HB 814. By Messrs. Caldwell and Eehols of Upson:
A bill to provide that the terms of office of members of county boards of tax assessors in counties having a population of not less than 23,750 and not more than 23,850, shall be one year and until their successors are duly appointed and qualified; and for other purposes.

The report 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 815. By Messrs. Caldwell and Eehols of Upson:
A bill to amend an act incorporating the Village of East Thomaston in Upson County, by reducing the corporate limits of said village and to repeal so much of said acts as embrace property which is by this act excluded; and for other purposes.

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

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255

On the passage of the bill, the ayes were 29, nays 0.

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

HB 816. By Messrs. Caldwell and Echols of Upson:
A bill to consolidate the offices of tax receiver and tax collector of Upson County into the office of tax commissioner of Upson 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.

SR 142. By Senator Kidd of the 25th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Baldwin County to provide for the construction and maintenance of streets and sidewalks in Baldwin County; to author ize the costs to be assessed against the abutting property owners; to pro vide for the issuance of bonds in connection therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section IV, Paragraph II of the Constitution, relating to taxation by counties, is hereby amended by adding at the end thereof the following:
"The governing authority of Baldwin County is hereby authorized to provide for the construction and maintenance, which shall include paving, of streets, sidewalks, and curbing within any subdivision located outside the corporate limits of any municipality in Baldwin County and to assess the costs pro rata against the abutting property owners. The governing authority is also authorized to provide for the issuance and enforcement of executions for the collection of such assessments and for the creation of liens thereby against such abutting property. The govern ing authority is further authorized to issue and sell improvement bonds,

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the proceeds of which shall be used to carry out the provisions of this paragraph. The time in which said bonds shall be redeemed shall not exceed ten years, and the interest paid thereon shall not exceed six per cent per annum."

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 governing authority of Baldwin County to provide for the construction and maintenance of streets and sidewalks in Bald win County; to authorize the costs to be assessed against the abut ting property owners; and to provide for the issuance of bonds in connection therewith.
"Against ratification of amendment to the Constitution so as to authorize the governing authority of Baldwin County to provide for the construction and maintenance of streets and sidewalks in Bald win County; to authorize the costs to be assessed against the abut ting property owners; and to provide for the issuance of bonds in connection therewith."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the 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 Broun

Brown Carlton

Carter Downing

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257

Ellis Fincher Fuqua Gayner Gillis Gordy Hall Heard Holloway Hunt Jackson Johnson of 38th

Kendrick Kidd Knox Lee Loggins Maclntyre McWhorter Oliver Owens Pelham Pennington Phillips

Plunkett Rowan Scott Searcey Smalley Smith Spinks Thomas Tribble Webb Yancey Young

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

On the adoption of the resolution, the ayes were 42, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

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

HB 796. By Mr. Smith of Grady:
A bill to amend an act providing for a health insurance plan for state employees, so as to provide for coverage of employees previously reject ing such coverage; and for other purposes.

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

On the passage of the bill, the ayes 36, nays 1.

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

HR 355. By Messrs. Smith of Grady, Bolton of Spalding, Rutledge of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution to ratify, approve and confirm the executive order of the Governor, dated March 16, 1963, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and Testaments until the next meeting of the General Assembly; and for other purposes.

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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 Brown Carlton Carter Coggin Downing Ellis Fincher Fuqua Gayner Gillis Gordy Hall Harrison

Heard Holloway Hunt Jackson Johnson of 38th Kendrick Knox Lee Loggins Maclntyre McKinnon McWhorter Oliver Owens Pelham

Pennington Phillips Plunkett Rowan Scott Searcey Smalley Smith Spinks Thomas Tribble Yancey Young Zorn

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 majority, was adopted.

SR 145. By Senators Webb of the llth, Carlton of the 21st, and Jackson of the 16th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a method whereby the manner of electing or appointing members of County Boards of Education and the Superintendent of Schools of county school systems, and their term or tenure, may be changed by local or special law and local referendum thereon; to authorize the General Assembly to provide for consolidation or merger of county school districts and inde pendent school systems into area school districts by local referendum, for establishment of Area Boards of Education, for organization and man agement of area school districts, and for changes therein by local refer endum; to authorize boards of education of county, independent and area

MONDAY, FEBRUARY 3, 1964

259

school districts to enter into contracts respecting certain matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Paragraph I of Section V of Article VIII, Paragraph I of Section VI of Article VIII, and Paragraph I of Section IX of Article VIII of the Constitution of Georgia, as amended, are hereby amended by striking each of said Paragraphs in their entirety and inserting in lieu thereof new Paragraphs I, II and III of Section V of Article VIII of said Constitution to read as follows:

"Paragraph 1. (a) County School District; County Board of Education; Election or Appointment; Change by Referendum.-- Authority is granted to counties to establish and maintain public schools. Except as provided in Paragraph 2 of this Section, each county, exclusive of any independent school system now in existence in a county, shall compose one county school district and shall be confined to the control and management of a County Board of Edu cation. The members of the County Board of Education in each county shall be elected or appointed in the manner and for such term as may be provided by law applicable thereto at the time of adoption of this amendment of this Constitution, provided, however, that the manner of election or appointment and the terms of mem bers of County Boards of Education may hereafter be changed by local or special law provided the same is conditioned upon approval by a majority of the voters of the county school district voting in a referendum thereon. The members of the County Board of Education in each county shall be freeholders in such county and shall be elected or appointed from that portion of the county not embraced within the territory of an independent school district, and shall have such further qualifications as may be prescribed by law:

(b) County School Superintendent; Election or Appointment; Change by Referendum. There shall be a County School Superin tendent in each county school district, who shall be the executive officer of the County Board of Education. He shall be elected or appointed in the manner and for such term as may be provided by law applicable thereto at the time of adoption of this amendment of this Constitution, provided, however, that the manner of election or appointment and the tenure of the County School Superintendent may hereafter be changed by local or special law provided the same is conditioned upon approval by a majority of the voters of the county school district voting in a referendum thereon. He shall have such qualifications, powers, duties, and compensation as provided by
law.

Paragraph 2. Area School Districts; Area Board of Education; Area School Superintendent.--The General Assembly may, by gen eral, special, or local law, provide for consolidation and merger of any two or more county school districts, independent school systems, or any combination thereof, into a single area school district under

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the control and management of an Area Board of Education. No such consolidation or merger shall become effective until approved by a majority of the voters voting in a referendum thereon in each school district or school system to be affected thereby. Any area school district so established shall constitute a separate political subdivision of this State, and the school districts or school systems incorporated therein shall stand abolished, and title to all school properties and assets thereof shall vest in the Area Board of Edu cation. The number of members of any Area Board of Educa tion, their method of election or appointment, and their terms and qualifications shall be as provided by law. There shall be an Area School Superintendent in each area school district, who shall be the executive officer of the Area Board of Education. He shall be elected or appointed in the manner, and shall have such qualifications, tenure, powers, duties and compensation, as may be provided by law. Subsequent to the creation of an area school district, the number and the manner of election or appointment of members of the Area Board of Education, and their terms of office, and the manner of election or appointment of the Area School Superintendent, and his tenure, may be changed pursuant to local or special law, provided the same is conditioned upon approval by a majority of the voters of the area school district voting in a referendum thereon.

Paragraph 3. Power of Boards to Contract With Each Other.-- Any two or more County Boards of Education, any two or more independent school systems, any two or more Area Boards of Edu cation, or any combination of the foregoing, may contract with each other for the care, education and transportation of pupils and for such other activities as they may be authorized by law to perform."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution providing a method whereby the manner of electing or appointing members of County Boards of Education and Superintendent of Schools may be changed by local or special law and local referendum; for establish ment of area school districts, and for organization and management of the same, and re-organization by local 'referendum; and to author ize local boards of education to enter into contracts respecting cer tain matters."

"Against ratification of amendment to the Constitution provid ing a method whereby the manner of electing or appointing mem bers of County Boards of Education and Superintendent of Schools may be changed by local or special law and local referendum; for

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261

establishment of area school districts, and for organization and management of the same, and re-organization by local referendum; and to authorize local boards of education to enter into contracts respecting certain matters."

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

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

Senator Carter of the 14th offered the following substitute to SR 145:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a method whereby the manner of electing or appointing members of County Boards of Education and the Superintendent of county school systems, and their term or tenure, may be changed by local or special law and local referendum thereon; to authorize the General Assembly to provide for consolidation or merger of county school districts and inde pendent school systems located within counties, and for establishment of area school districts across county lines, by local referendum; to provide for establishment of Boards of Education for consolidated or merged school systems and districts, and for organization and management of the consolidated or merged school systems or districts, and for subse*quent changes therein by local referendum; to authorize boards of edu cation of county, independent and area school districts to enter into con tracts respecting certain matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Paragraph I of Section V of Article VIII, Paragraph I of Section VI of Article VIII, and Paragraph I of Section IX of Article VIII of the Constitution of Georgia, as amended, are hereby amended by striking each of said Paragraphs in their entirety and inserting in lieu thereof new Paragraphs I, II, III and IV of Section V of Article VIII of said Constitution to read as follows:
"Paragraph 1. (a) County School District; County Board of Education; Election or Appointment; Change by Referendum.-- Authority is granted to counties to establish and maintain public schools. Except as provided in Paragraphs 2 and 3 of this Section, each county, exclusive of any independent school system now in

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existence in a county, shall compose one county school district and shall be confined to the control and management of a County Board of Education. The members of the County Board of Education in each county shall be elected or appointed in the manner and for such term as may be provided by law applicable thereto at the time of adoption of this amendment of this Constitution, provided, how ever, that the manner of election or appointment and the terms of members of County Boards of Education may hereafter be changed by local or special law provided the same is conditioned upon ap proval by a majority of the voters of the county school district voting in a referendum thereon. The members of the County Board of Education in each county shall be freeholders in such county and shall be elected or appointed from that portion of the county not embraced within the territory of an independent school district, and shall have such further qualifications as may be prescribed by law. (b) County School Superintendent; Election or Appointment; Change by Referendum. There shall be a County School Superin tendent in each county school district, who shall be the executive officer of the County Board of Education. He shall be elected or appointed in the manner and for such term as may be provided by law applicable thereto at the time of adoption of this amendment to this Constitution, provided, however, that the manner of election or appointment and the tenure of the County School Superintendent may hereafter be changed by local or special law provided the same is conditioned upon approval by a majority of the voters of the county school district voting in a referendum thereon. He shall have such qualifications, powers, duties and compensation as provided by law.

Paragraph 2. Consolidation or Merger of School Systems and Districts Within Counties.--The General Assembly may, by general, special or local law, provide for consolidation or merger of a county school district and one or more independent school systems located within such county school district in accordance with a plan respect ing organization, control and management of the resulting school system or district agreed upon by the boards of education of the county school district and independent school systems being consoli dated or merged, provided, however, that such consolidation or merger pursuant to such plan and law shall not become effective until approved by a majority of the total number of voters voting in a referendum held thereon throughout the area of the resulting school system or district. The resulting school system or district
shall constitute a separate political subdivision of this State, and shall have title to all school properties and assets theretofore vested in the county school district and independent school systems consoli dated or merged into the resulting school system or district. Subse quent to creation of such school system or district, the number of members and the manner of election or appointment of members of the board of education of the school system or district, and their terms of office, and the manner of election and appointment of the superintendent of schools of the school system or district, and his tenure, may be changed by local or special law, provided the same is conditioned upon approval by a majority of the voters of the school system or district voting in a referendum thereon. Qualifications, powers, duties and compensation of members of the board of educa-

MONDAY, FEBRUARY 3, 1964

263

tion and the superintendent of schools of such school system or dis trict shall be as provided by law.

Paragraph 3. Area School Districts; Area Board of Education;

Area School Superintendent.--The General Assembly may, by gen

eral, special or local law, provide for consolidation and merger of a

county school district with one or more adjacent county school dis

tricts, or with one or more independent school systems located within

adjacent counties, or for any combination thereof, into a single area

school district under the control and management of an Area Board

of Education. No consolidation or merger across county lines shall

become effective until approved by a majority of the voters voting

in a referendum thereon in each school district or school system to

be affected thereby. Any area school district so established shall

constitute a separate political subdivision of this State, and the

school districts or school systems incorporated therein shall stand

abolished, and title to all school properties and assets thereof shall

vest in the Area Board of Education. The number of members of

any Area Board of Education, their method of election or appoint

ment, and their terms and qualifications shall be as provided by law.

There shall be an Area School Superintendent in each area school

district, who shall be the executive officer of the Area Board of

Education. He shall be elected or appointed in the manner, and shall

have such qualifications, tenure, powers, duties and compensation,

as may be provided by law. Subsequent to the creation of an area

school district, the number of members and the manner of election

or appointment of members of the Area Board of Education, and

their terms of office, and the manner of election or appointment of

the Area School Superintendent, and his tenure, may be changed

pursuant to local or special law, provided the same is conditioned

upon approval by a majority of the voters of the area school district

voting in a referendum thereon.

>,

Paragraph 4. Power of Boards to Contract With Each Other.-- Any two or more County Boards of Education, any two or more in dependent school systems, any two or more Area Boards of Educa tion, or any combination of the foregoing, may contract with each other for the care, education and transportation of pupils and for such other activities as they may be authorized by law to perform."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution providing a method whereby the manner of electing or appointing members of County Boards of Education and Superintendent of Schools may be

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changed by local or special law and local referendum; for consolida tion and merger of school systems within counties and for establish ment of area school districts, and for organization, management and re-organization of the same subject to local referendum; and to authorize local boards of education to enter into contracts respecting certain matters."

"Against ratification of amendment to the Constitution provid ing a method whereby the manner of electing or appointing members of County Boards of Education and Superintendent of Schools may be changed by local or special law and local referendum; for con solidation and merger of school systems within counties and for establishment of area school districts, and for organization, manage ment and re-organization of the same subject to local referendum; and to authorize local boards of education to enter into contracts respecting certain matters."

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.

Senator Hall of the 52nd offered the following amendment to the substitute for SR 145:
Amend substitute for SR 145 by adding following the word "district" on line 8 of paragraph 2 of page 3 the phrase "either as provided in any such law or as"

On the adoption of the amendment, the ayes were 31, nays 11, and the amend ment to the substitute was adopted.

On the adoption of the substitute as amended, the ayes were 36, nays 1, 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.

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

MONDAY, FEBRUARY 3, 1964

265

Those voting in the affirmative were Senators:

Brewer Broun Brown Carlton Carter Ellis Fincher Fuqua Gayner Gillis Gordy Hall Harrison Holloway Hunt

Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Knox Lee Maclntyre Miller Moore McWhorter Oliver Owens Pelham Pennington

Phillips Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Thomas Tribble Wehb Wesberry Yancey Young

Those voting in the negative were Senators:

Downing

Heard

McKinnon

The roll call was verified.

On the adoption of the resolution, the ayes were 45, nays 3.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted by substitute 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 3.

SB 176.

SB 181.

SB 197.

SB 199.

Respectfully submitted, Pelham of the 10th District, Chairman.

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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 Governor:
SB 207.
Respectfully submitted,
Pelham of the 10th District,
Chairman.

HR 349. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb and others.
A resolution relating to the Resources Advisory Board, Southeast River Basin to authorize the appointment of a representative from Georgia on said Board; and for other purposes.

Senator Carlton of the 21st offered the following amendment:
Amend HR 349 by striking from the end thereof the following: "the Governor out of the funds available to him", and substituting in lieu thereof the following: "funds appropriated to the State Health Depart ment or other available funds."

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 adoption of the reso lution, was agreed to as amended.

On the adoption of the resolution, the ayes were 36, nays 0.

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

Senator Carlton of the 21st 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.

TUESDAY, FEBRUARY 4, 1964

267

Senate Chamber, Atlanta, Georgia, Tuesday, February 4, 1964.

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 the Reverend Edgar A. Callaway, pastor, First Baptist Church, Covington, Georgia.

Prayer was offered by the Reverend Mr. Fred G. Shelnut, pastor, First Meth odist Church, Canton, 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 Carlton of the 21st 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:

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JOURNAL OF THE SENATE,

HB 898. By Mr. Wells of Oconee:
A bill to amend an act incorporating the Town of Bogart in Oconee Coun ty, so as to provide for a method of permanent voter registration; and for other purposes.

HB 897. By Mr. Hill of Meriwether:
A bill to amend an act consolidating, amending, and superseding the acts incorporating the Town of Greenville, so as to increase the maximum ad valorem tax rate which may be levied upon property within the corpo rate limits of said city; and for other purposes.

HB 829. By Mr. Smith of Telfair:
A bill vesting in the City of McRae fee simple title to a certain tract of land in said city; and for other purposes.

HB 910. By Messrs. Flournoy, Wilson and Teague of Cobb:
A bill to amend an act creating the Acworth Lake Authority, so as to change the method of electing members of the said Authority, and to pro vide for different qualifications for membership on said Acworth Lake Authority; and for other purposes.

HB 911. By Messrs. Caldwell and Echols of Upson:
A bill to increase the compensation of the chairman of the Board of Com missioners of Roads and Revenue of Upson County, to increase the com pensation of the other members of the said Board; and for other purposes.

HB 915. By Messrs. Richardson, Funk and Shea of Chatham:
A bill to inform the practice and procedure in the City Court of Savannah in all matters and respects with the practice and procedure now or here after provided by law for the Superior Courts of the several counties of the State; and for other purposes.

HB 901. By Mr. Smith of Camden: A bill to create and establish the St. Marys Airport Authority; and for other purposes.
HB 903. By Mr. Smith of Camden: A bill to amend an act incorporating the City of St. Marys, by increasing the power and authority of the Board of Aldermen to specifically provide for compensation to the Mayor and members of the Board of Aldermen; and for other purposes.

TUESDAY, FEBRUARY 4, 1964

269

HB 902. By Mr. Smith of Camden:
A bill to amend an act establishing the Kingsland City Charter, by adding thereto a new Section granting unto the City the authority to determine and establish a fixed regular monthly meeting day by ordinance; and for other purposes.

HB 893. By Messrs. Clarke of Monroe and Keadle of Lamar:
A bill to amend an act relating to right to writ of garnishment and how obtained and served, so as to authorize the Clerk of the Court in which the garnishment is filed or in which the main case if filed to issue an affi davit of attachment; and for other purposes.

HB 322. By Mr. Simpson of Wheeler:
A bill to amend an act creating the State Board of Registration for For esters and defining its powers and duties; and for other purposes.

HB 890. By Messrs. Bell, Fleming and Hull of Richmond:
A bill to amend an act authorizing the chartering and empowering of corporations, so as to make applicable to both profit and non-profit cor porations the provisions relating to power of trustees after dissolution of any corporation; and for other purposes.

HB 861. By Messrs. Andrews of Stephens, Brown of Hart, and others:
A bill to amend an act creating a Department of Public Safety, so as to provide that upon application for a Georgia driver's license, all previous valid motor vehicle operator licenses shall be surrendered to the Depart ment of Public Safety; and for other purposes.

HB 791. By Messrs. Duncan and Wiggins of Carroll and Abney of Walker:
A bill to amend an act known as the "Motor Vehicle Certificate of Title Act", so as to provide that the Commissioner shall not register or renew the registration of a vehicle for which title application is required under this Act until the required certificate of title has been issued; and for other purposes.

HB 873. By Messrs. Knight of Berrien, Wilkes of Cook, and others:
A bill to prescribe the terms of court of the Superior Court in each of the five counties comprising the Alapaha Judicial Circuit; and for other purposes.

HB 887. By Messrs. Jones of Worth, Branch and Alien of Tift, and others:
A bill to amend an act placing the Solicitor General of the Tifton Judicial Circuit on a salary; and for other purposes.

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JOURNAL OF THE SENATE,

HB 909. By Messrs. Busbee of Dougherty and Bolton of Spalding:
A bill to amend an act providing for additional points for certain appli cants taking examinations given by any examining board or commission whose records are maintained by the Joint-Secretary, State Examining Boards, so as to provide that the additional points shall not be available to those applicants taking examination under the State Board of Ac countancy; and for other purposes.

HB 904. By Mr. Smith of Camden:
A bill to amend an act incorporating the City of Kingsland relating to elections; and for other purposes.

SB 179. By Senator Zorn of the 6th: A bill to amend Code Chapter 56-24, relating- to the general provisions applicable to insurance contracts, so as to provide that no policy of insur ance in which the interests of a lien holder named in the policy are pro tected by a loss payable clause shall be cancelled by the insurer; and for other purposes.
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
HB 726. By Messrs. House and Groover of Bibb, Clarke of Monroe and others: A bill to amend an act relating to the construction of contracts, so as to provide for certain rules of interpretation to be applied in arriving at the true meaning of contracts; and for other purposes.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position on the amendments to the following bill of the Senate:
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 amanded, so as to change the definition of the term "Dependent Child"; and for other purposes.
The following bill of the Senate was taken up for the purpose of considering House action thereon:

TUESDAY, FEBRUARY 4, 1964

271

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.

Senator Kidd of the 25th moved 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 Knox of the 24th, Kidd of the 25th and Hunt of the 26th.

The following bills and resolutions were introduced, read the first time and referred to Committees:
SB 257. 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; to change the method of electing council members; to provide for terms of office on a staggered basis; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 258. By Senator Miller of the 50th:
A bill creating the office of Commissioner of Roads and Revenues of Fannin County, so as to provide for an annual audit and the publication thereof of certain offices of the county officials; to provide for a penalty for the failure to have such audits and publication; and for other pur poses.
Referred to Committee on County and Municipal Governments.

SB 259. By Senators Yancey of the 33rd, Johnson of the 42nd, and Kendrick of the 32nd:
A bill to prohibit the advertisement of alcoholic beverages; and for other purposes.
Referred to Committee on Temperance.

SB 260. By Senators Miller of the 50th, Kendrick of the 32nd, Harrison of the 48th, Owens of the 49th, Broun of the 46th, and Fincher of the 51st:
A bill relating to license plates and their description, so as to designate the State of Georgia as "The Poultry State"; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.

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JOURNAL OP THE SENATE,

SB 261. By Senator Kidd of the 25th:
A bill relating to the description and size of license plates so as to provide the manner in which certain figures, characters or letters and the color of said plates shall be determined; and for other purposes.
Referred to Committee on Rules.

SB 262. By Senators Maclntyre of the 40th, Wesberry of the 37th, Johnson of the
38th, Brown of the 34th, Salome of the 36th, Coggin of the 35th, and Brewer of the 39th: A bill establishing a new charter for the City of Roswell, so as to pro vide for the date of general elections of the City of Roswell; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 263. By Senator Kidd of the 25th:
A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide for a special retail license; to provide for the fee for same; to repeal conflicting laws; and for other purposes.
Referred to Committee on Temperance.

SB 264. By Senator Zorn of the 6th:
A bill providing for the issuance by the State Revenue Commission of special license tags to motor vehicle owners who are members of the Georgia National Guard; so as to reduce the cost of license plates to $1.00 for National Guardsmen; and for other purposes.
Referred to Committee on Rules.

SB 265. By Senator Jackson of the 16th:
A bill to amend an act known as "The Georgia Professional Association Act", so as to redefine the term "professional service"; to repeal con flicting laws; and for other purposes.
Referred to Committee on Business, Trade and Commerce.

SB 266. By Senators Harrison of the 48th and Fuqua of the 22nd:
A bill relating to qualifications of persons eligible to hold the office of solicitor general so as to provide that any such person must be a member in good standing of the State Bar of Georgia; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

TUESDAY, FEBRUARY 4, 1964

273

SB 267. By Senators Harrison of the 48th and Fuqua of the 22nd:
A bill relating to the eligibility of persons to be judges of the superior courts so as to provide that any such person must be a member in good standing of the State Bar of Georgia; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 268. By Senator Holloway of the 12th:
A bill to create the Georgia Board of Floral Designers; to repeal con flicting laws; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

SB 269. By Senator Rowan of the 8th:
A bill relating to issuing bad checks so as to provide that it shall be a crime to attempt to satisfy any obligation with a bad check; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 270. By Senator Webb of the llth:
A bill to change the terms of the Superior Court of Seminole County; to provide when the Grand Jury shall be called; to provide that no July 1964 term shall be held; to repeal conflicting laws; and for other pur poses.
Referred to Committee on County and Municipal Governments.

SB 271. By Senators Webb of the llth, Hall of the 52nd, and Lee of the 47th:
A bill to provide for hospital care for persons confined in jail when found to be afflicted with tuberculosis; to repeal conflicting laws; and for other purposes.
Referred to Committee on Penal and Correctional Affairs.

SR 168. By Senator Downing of the 1st:
A resolution to provide that only residents of the State of Georgia may officiate at public schools athletic functions in Chatham County; and for other purposes.
Referred to the Committee on County and Municipal Governments.

SR 169. By Senator Knox of the 24th:
A resolution proposing an amendment to the Constitution of the State of Georgia of 1945 so as to authorize each area and county board of educa-

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JOURNAL OF THE SENATE,

tion to enter into contracts for the purchase of transportation equipment; and for other purposes.
Referred to Committee on Rules.

SR 170. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to author ize county boards of education to expend educational funds for the pur pose of providing Workmen's Compensation; to provide for the submis sion of this amendment for ratification or rejection; and for other pur poses.
Referred to Committee on Rules.

SR 171. By Senator Carlton of the 21st:
A resolution authorizing the conveyance of a certain tract of land in Emanuel County; and for other purposes.
Referred to Committee on Rules.

SR 172. By Senator Zorn of the 6th: A resolution proposing an amendment to Article XI, Section II, Para graph I of the Constitution of Georgia of 1945, so as to authorize the General Assembly to provide by statute for removal of county officers by means of a recall election; to provide for submission of this amendment for ratification or rejection by the people; and for other purposes.
Referred to Committee on Rules.
SR 173. By Senator Zorn of the 6th: A resolution proposing an Amendment to Article III, Section VII of the Constitution of Georgia so as to change the method of reading bills in each House; to provide for submission of this amendment for rati fication or rejection by the people; and for other purposes.
Referred to Committee on Rules.
SR 175. By Senator Smalley of the 28th: A resolution proposing an amendment to the Constitution to exempt certain items of personalty from ad valorem taxation; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Rules.
SR 176. By Senator Smalley of the 28th: A resolution proposing an amendment to the Constitution providing the classification of inventories for ad valorem tax purposes; to pro-

TUESDAY, FEBRUARY 4, 1964

275

vide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Rules.

HB 322. By Mr. Simpson of Wheeler:
A bill to amend an act creating the State Board of Registration for Foresters and defining its powers and duties; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 791. By Messrs. Duncan and Wiggins of Carroll and Abney of Walker:
A bill to amend an act known as the "Motor Vehicle Certificate of Title Act", so as to provide that the commissioner shall not register or renew the registration of a vehicle for which title application is re quired under this act until the required certificate of title has been issued; and for other purposes.
Referred to Committee on Rules.

HB 829. By Mr. Smith of Telfair:
A bill vesting in the City of McRae fee simple title to a certain tract of land in said city, said tract of land being all that part of Kurt Street that lies between Oak Street on the Northeast and Parsonage Street on the Southwest; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 861. By Messrs. Andrews of Stephens, Brown of Hart, Johnson of Elbert and Milford of Franklin:
A bill to amend an act creating a Department of Public Safety so as to provide that upon application for a Georgia driver's license, all previous valid motor vehicle operator licenses shall be surrendered to the Department of Public Safety; and for other purposes.
Referred to Committee on Rules.

HB 873. By Messrs. Knight of Berrien; Wilkes of Cook, Henderson of Atkinson and others:
A bill to prescribe the terms of court of the superior court in each of the five counties comprising the Alapaha Judicial Circuit; and for other purposes.
Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE,

HB 887. By Messrs. Jones of Worth, Branch and Alien of Tift, Coker of Turner and Mixon of Irwin:
A bill to amend an act placing the Solicitor General of the Tifton Judi cial Circuit on a salary; and for other purposes.
Referred to Committee on Judiciary.

HB 890. By Messrs. Bell, Fleming and Hull of Richmond:
A bill to amend an act authorizing and chartering and empowering of corporations, so as to make applicable to both profit and non-profit corporations the provisions relating to power of trustees after disso lution of any corporation; and for other purposes.
Referred to Committee on Banking and Finance.

HB 893. By Messrs. Clarke of Monroe and Keadle of Lamar:
A bill to amend an act relating to right to writ of garnishment and how obtained and served, so as to authorize the clerk of the court in which the garnishment is filed or in which the main case is filed to issue an affidavit of attachment; and for other purposes.
Referred to Committee on Judiciary.

HB 897. By Mr. Hill of Meriwether:
A bill to amend an act incorporating the Town of Greenville, so as to increase the maximum ad valorem tax rate which may be levied upon property within the corporate limits of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 898. By Mr. Wells of Oconee:
A bill to amend an act incorporating the Town of Bogart in Oconee County; and for other purposes. Referred to Committee on County and Municipal Governments.

HB 901. By Mr. Smith of Camden:
A bill to create and establish the St. Mary's Airport Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 902. By Mr. Smith of Camden:
A bill to amend an act establishing the Kingsland City charter; and for other purposes. Referred to Committee on County and Municipal Governments.

TUESDAY, FEBRUARY 4, 1964

277

HB 903. By Mr. Smith of Camden:
A bill to amend an act incorporating the City of St. Mary's; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 904. By Mr. Smith of Camden:
A bill to amend an act incorporating the City of Kingsland relating to elections; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 909. By Messrs. Busbee of Dougherty and Bolton of Spalding:
A bill to amend an act providing for additional points for certain appli cants taking examinations given by any examining board or commis sion whose records are maintained by the joint-secretary, State Ex amining Boards, so as to provide that the additional points shall not be available to those applicants taking examination under State Board of Accountancy; and for other purposes.
Referred to Committee on Banking and Finance.

HB 910. By Messrs. Flournoy, Teague and Wilson of Cobb:
A bill to amend an act creating the "Acworth Lake Authority"; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 911. By Messrs. Caldwell and Echols of Upson:
A bill to increase the compensation of the chairman of the Board of Commissioners of Roads and Revenues of Upson County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 915. By Messrs. Richardson, Funk and Shea of Chatham:
A bill to conform the practice and procedure in the City Court of Savannah in all matters and respects with the practice and procedure now or hereafter provided by law for superior courts of the several counties of the State, except certain enumerated particulars; and for other purposes.
Referred to Committee on County and Municipal Governments.

The following bills and resolutions were read the second time:

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JOURNAL OF THE SENATE,

SB 253. By Senator Miller of the 50th:
A bill to create a Commission to be known as the "Commission on Local Government"; to provide for a short title; to provide for defini tions; to provide for an executive committee; to provide for powers; to provide for a quorum; to repeal conflicting laws; and for other purposes.

SB 254. By Senator Holloway of the 12th:
A bill to provide that goods in transit moving over or through the State of Georgia, or consigned to a warehouse within the State for storage, in transit, to a final destination outside the State, shall not be deemed to have acquired a situs in Georgia for ad valorem tax purposes; and for other purposes.

SB 255. By Senator Owens of the 49th:
A bill to amend an act entitled "An Act to make it a misdemeanor for any person to operate a boat on any public waters of this State while in an intoxicated condition or in a manner which disregards the safety of others; so as to prohibit persons under 16 years of age from operat ing motor boats on the public waters of this State unless accompanied by an adult;" and for other purposes.

SB 256. By Senator Spinks of the 9th:
A bill defining the practice of osteopathy so as to redefine the prac tice of osteopathy; to repeal conflicting laws; and for other purposes.

SR 166. By Senators Brown of the 34th, and Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to provide increased homestead exemption for persons sixty-five (65) years of age; to provide for submission for ratification or rejection; and for other purposes.

SR 167. By Senators Conway of the 41st, and Carlton of the 21st:
A resolution amending the Rules of the Senate; and for other pur poses.

HB 862. By Mr. Rainey of Crisp:
A bill to amend an act creating a Board of County Commissioners for the County of Crisp, so as to change the provisions relating to the election of county commissioner; and for other purposes.

HB 863. By Messrs. Wiggins and Duncan of Carroll:
A bill to amend an act granting corporate authority to the City of Carrollton, so as to change the maximum compensation of the councilmen of the City of Carrollton; and for other purposes.

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279

HB 868. By Messrs. Caldwell and Echols 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 of said city and to describe new territory to become a part of the City of Thomaston; and for other purposes.

HB 870. By Messrs. Plournoy, Wilson and Teague of Cobb:
A bill to amend an act establishing a new charter for the City of Acworth, so as to include therein certain territory in the County of Cobb contiguous and adjacent to existing boundaries of said city; and for other purposes.

HB 874. By Messrs. Pope and Coker of <herokee:
A bill to amend an act incorporating the City of Canton, so as to delete a certain described area; and for other purposes.

HB 876. By Mr. Hall of Lee:
A bill to provide that in certain counties the clerk of the Superior Court shall be ex-officio clerk of the ordinary's court for the purpose of attending such court in all cases for the violation of traffic laws in such county; and for other purposes.

HB 877. By Messrs. Pope and Coker of Cherokee:
A bill to amend an act incorporating the City of Canton, so as to pro vide for employment of a city manager, and for other purposes.

HB 878. By Messrs. Pope and Coker of Cherokee:
A bill to amend an act incorporating the City of Canton, so as to pro vide for division of the city into wards for the purpose of electing councilman; and for other purposes.

HB 879. By Messrs. Pope and Coker of Cherokee:
A bill to amend an act incorporating the City of Canton, so as to increase the corporate limits; and for other purposes.

HB 880. By Messrs. Lowrey and Jordan of Floyd:
A bill to amend an act so as to provide that in certain counties if the tax collector or tax commissioner is on a salary, the commissions provided for collecting certain taxes shall be paid to the county and shall be county fund; and for other purposes.

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HB 881. By Messrs. Lowrey and Jordan of Floyd:
A bill to amend an act abolishing the offices of tax receiver and tax collector of Floyd County, relating to fees, commissions, costs; and for other purposes.

HB 883. By Mr. Reaves of Brooks:
A bill to amend an act relating to fees for coroners, so as to change the compensation of coroners in certain counties; and for other pur poses.

HB 872. By Mr. Andrews of Stephens:
A bill to provide for the appointment of a personal representative to manage the assistance payments for recipients of public assistance benefits who become unable to manage the assistance payments or otherwise fails so to manage; and for other purposes.

HB 786. By Mr. Hale of Dade:
A bill to amend Code section 32-927 relating to the expenditure of borrowed money, so as to change the method of expenditure of bor rowed money; and for other purposes.

HB 896. By Mr. Deen of Bacon:
A bill to amend an act known as the "Hospital Authorities Law", so as to authorize a hospital authority to provide meals or housekeeping functions, or both, for tenants of low-rent housing projects for elderly persons; and for other purposes.

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 had 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 200. Do pass. SB 241. Do pass. SB 242. Do pass. SB 243. Do pass. SB 244. Do pass. SB 245. Do pass.

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281

SB 246. Do pass. SB 247. Do pass. SB 248. Do pass. HB 340. Do pass. HB 741. Do pass as amended.

Respectfully submitted, Fuqua of 22nd 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 had 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 839. Do Pass.

HB 847. Do Pass.

HB 848. Do Pass.

HB 852. Do Pass.

HB 853. 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 had 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 177. Do pass by substitute.

SB 250. Do Pass.

HB 800. Do Pass.

HB 801. Do Pass.

Respectfully submitted,

Smalley of 28th District,

Chairman.

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Mr. Plunkett of the 30th District, Secretary of the Committee on Penal and Correctional Affairs, submitted the following report:

Mr. President:

Your Committee on Penal and Correctional Affairs had had under considera tion 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 212. Do Pass. SB 213. Do Pass. SB 214. Do Pass. SB 215. Do Pass.
Respectfully submitted, Plunkett of 30th 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 had 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 recommendations:

SB 206. Do Pass.

Respectfully submitted,

Pennington of 45th District,

Chairman.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, submit ted the following report:
Mr. President:
Your Committee on Rules had 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 191. Do pass by substitute. Respectfully submitted, Rowan of the 8th District, Secretary.

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283

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

SB 206. By Senator Pennington of the 45th: A bill to amend Code chapter 105-4, relating to invitees and licensees, so as to define and limit the duty of care owed by an owner or occupier of land to persons using his property for outdoor recreational purposes; to repeal conflicting laws; and for other purposes.
Senator Pennington of the 45th asked unanimous consent that SB 206 be recommitted to the Committee on Judiciary.
The consent was granted.
SB 241. By Senators Pennington of the 45th and Fuqua of the 22nd: A bill to amend an act known as the "Georgia Farmers Market Authority Act", approved Feb. 23, 1955 (Ga. L. 1955, p. 224), as amended by an act approved Jan. 30, 1957, (Ga. L. 1957, p. 3), so as to redefine the term "bonds" or "revenue bonds" to more fully prescribe and set forth the remedies of bondholders; and for other purposes.
The report 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 191. By Senators Webb of the llth, Carlton of the 21st and Jackson of the 16th:
A bill to require the State Revenue Commission to establish an equalized adjusted school property tax digest for each county in the State and for the State as a whole; to provide the method and factors to be used in establishing such digest; to provide for a hearing before the State Re venue Commissioner; and for other purposes.
The Committee on Rules offered the following substitute:
A BILL
To be entitled an act to require the State Auditor to establish an equalized adjusted school property tax digest for each county in the State and for the State as a whole, excluding therefrom real and per sonal property exempted from taxation for school purposes; to require such digest to be re-established from time to time; to provide a method

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and factors to be used in establishing such digest; to provide for sub mission of certain digest information annually to the State Board of Education, and to others; to provide for right of a hearing before the State Auditor by certain governing authorities; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. The State Auditor shall establish, no later than Febru ary 1, 1965 and each year thereafter, an equalized adjusted school property tax digest for each county in the State and for the State as a whole, excluding therefrom all real and personal property exempted from taxation for school purposes, in the following manner:

(a) Determine the locally assessed valuation of the county prop erty tax assessment digest for the preceding calendar year, exclu sive of real and personal property exempted from taxation for school purposes and exclusive of public utility property shown on the county public utility property tax digest.

(b) Divide the sum of the locally assessed valuation of the county property tax assessment digest determined in accordance with subparagraph (a) of this Section by the ratio of assessed value to true value of such property established by the State Auditor in accordance with provisions of subparagraph (e) of this Section.

(c) Determine the sum of the assessed valuation of the county public utility property tax digest certified to the State Revenue Commissioner for the preceding calendar year and divide said sum by the equalization ratio for such year established by the State Revenue Commissioner for the purpose of assessing public utility properties throughout the State.
(d) The total of the sums obtained through the calculations prescribed in subparagraph (b) and (c) of this Section shall be known as the equalized adjusted school property tax digest of the county for the preceding calendar year, and the sum of the equalized adjusted school property tax digest of all counties of the State com bined shall be known as the equalized adjusted school property tax digest for the State as a whole.
(e) Establish, no later than January 15, 1965 and thereafter as provided herein, for each county in the State, the average ratio of assessed value to true value of county property subject to taxa tion for school purposes, excluding public utility property, by estab lishing the ratio of assessed value to sales price for a repre sentative number of parcels of real property, title to which was transferred during a preceding period of time to be determined by the State Auditor, and the average ratio of assessed value to sales price for the county as a whole based upon a representative number of usable transactions studied. The Auditor is authorized to supplement realty sales price data available in any county with such other creditable realty value data as may be available or ob-

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285

tainable by the Auditor, to include actual appraisal of real proper ties located in the county, and is authorized to use such value data along- with realty sales price data in establishing- the average ratio of assessed value to true value applicable to such county property and the equalized adjusted school property tax digest of the county. To the extent that the number of usable sales transactions avail able for study by the Auditor in any county is not, in the opinion of the Auditor, sufficient in and of itself to provide a sound basis for establishment of an averge ratio of assessed value to true value applicable to such county property, the Auditor shall obtain and use such other value data, including appraisals, as may be neces sary to enable him to establish a sound average ratio of assessed value to true value for taxable property located in the county.
Section 2. The average ratio of assessed value to true value to be established by the Auditor for each county in the State as provided herein shall be established through the use of qualified trained person nel who are not employees, officials, or residents of the particular coun ty whose average ratio is, at the time, being established, or of any mu nicipality located therein, and in accordance with generally accepted sci entific procedures which shall be used uniformly throughout the State. The average ratio of assessed value to true value determined as proprovided above for each county shall be used as provided for in this Act until such time as the Auditor shall, in his discretion, direct that a new ratio be determined for a particular county by the procedure de scribed above and to be prescribed by the Auditor, provided, however, that a now ratio shall be determined for every county in the State at least once every five years after January 15, 1965. It shall be the duty of the State Revenue Commissioner, when examining the various county digests submitted to him under the provisions of Code Section 92-7002, to advise the State Auditor of any digest which reflects an increase or de crease of 5% or more over the previous year's digest. Whereupon it shall be the duty of the State Auditor, in accordance with the procedures prescribed herein, to determine a new ratio for such county.
Section 3. The State Auditor, on or before February 1, of 1965 and each year thereafter, shall furnish to the State Board of Education the sum of the equalized adjusted school property tax digest of each county in the State for the preceding calendar year, and the sum of the equalized adjusted school property tax digest for the State as a whole, determined in accordance with provisions of Sections 1 and 2 of this Act. As to those counties which have one or more independent school systems located therein, the State Auditor shall furnish the State Board of Education a breakdown of the county equalized adjusted school property tax digest showing the amount or portion thereof applicable to property located within each independent school system within the county and the amount or portion thereof applicable to county property located outside such in dependent school systems. The State Auditor shall, at such times, fur nish the governing authority of each county and each municipality having an independent school system, and the local board of education of each county and each independent school system, the sum of the equalized adjusted school property tax digest of the county or the independent school system area, as the case may be, and the sum of the equalized adjusted school property tax digest for the State as a whole.
Section 4. The governing authority of the several counties and of the

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several municipalities having independent school systems, and the local board of education of each county school district and independent school system shall, if feeling themselves or their constituents or patrons ag grieved, have a right, upon request made within 60 days after receipt of such digest information, to a hearing before the Auditor concerning the correctness of the equalized adjusted school property tax digest for their respective county, municipality, or county or independent school system area established by the State Auditor, and the State Auditor shall afford such parties a hearing thereon upon request timely filed.

Section 5. The provisions of this Act shall become effective immedi ately.

Section 6. 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 39, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 200. By Senator Gordy of the 15th: A bill to provide for the licensing and regulating of the business of sell ing, issuing, and delivering of checks, drafts, and money orders as a service or for a fee or other considerations; to provide exemptions from such licensing and regulating; to repeal conflicting laws; and for other purposes.
Senator Gordy of the 15th offered the following amendment:
Amend SB 200 by adding after the words the United States in Sec tion 4, subsection (a) the words: "or any wholly owned subsidiary of the above".
On the adoption of the amendment, the ayes were 28, nays 0, and the amend ment was adopted.
Senator Gordy of the 15th offered the following amendment: Amend SB 200 adding after the word "banks" in subparagraph (a)
in Section 4 the following: "Including Private Banks, not incorporated".

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287

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 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Gordy of the 15th asked unanimous consent that SB 200 be immedi ately transmitted to the House.
The consent was granted.

SB 242. By Senators Pennington of the 45th and Fuqua of the 22nd:
A bill to amend an act known as the "State Ports Authority Act" ap proved March 9, 1945, (Ga. L. 1945, p. 464), as amended, so as to rede fine the term "bonds" or "revenue bonds"; 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 243. By Senators Pennington of the 45th and Fuqua of the 22nd: A bill to amend an act known as the "State Penal and Rehabilitation Authority Act", approved March 17, 1960, (Ga. L. 1960, p. 892), so as to redefine the term "bonds" or "revenue bonds", to more fully pre scribe and set forth the remedies of bondholders; 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.

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SB 244. By Senators Pennington of the 45th and Puqua of the 22nd:
A bill to amend an act known as the "State Hospital Authority Act", approved February 1, 1939, (Ga. L. 1939, p. 144), as amended, so as to redefine the term "bonds" or "revenue bonds"; 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 29, nays 0.

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

SB 245. By Senators Pennington of the 45th and Fuqua of the 22nd:
A bill to amend an act known as the "Jekyll Island--State Park Au thority Act", approved February 13, 1950, (Ga. L. 1950, p. 152), as amended, so as to redefine the term "bonds" or "revenue bonds", so as to more fully prescribe and set forth the remedies of bondholders; to repeal conflicting laws; and for other purposes.

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

On the passage of the bill, the ayes were 32, nays 0.

The bill, having received the requisite constitutional majority, was passed.
SB 246. By Senators Pennington of the 45th and Fuqua of the 22nd: A bill to amend an act known as the "University System Building Au thority Act", approved February 25, 1949 (Ga. Laws 1949, p. 1009), as amended, so as to redefine the term "bonds" or "revenue bonds"; so as to more fully prescribe and set forth the remedies of bondholders; 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 247. By Senators Pennington of the 45th and Fuqua of the 22nd: A bill to amend an act known as the "State Office Building Authority Act", approved Feb. 21, 1951 (Ga. L. 1851, p. 699), as amended, so as

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289

to redefine the term "bonds" or "revenue bonds", to more fully pre scribe and set forth the remedies of bondholders; 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.

SB 248. By Senators Pennington of the 45th and Fuqua of the 22nd: A bill to amend an act known as the "State School Building Authority Act", approved February 19, 1951, (Ga. L. 1951, p. 241), as amended, so as to redefine the term "bonds" or "revenue bonds"; so as to more fully prescribe and set forth the remedies of bondholders; to repeal conflict ing laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 250. By Senators Plunkett of the 30th and Heard of the 29th: A bill to provide for the appointment of an assistant solicitor general in the Coweta Judicial Circuit; to provide for his duties, compensation, authority, and term of office; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the Jjill, 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 801. By Messrs. Smith of Grady and Bolton of Spalding:
A bill to amend an act creating the office of the judge of the Superior Courts, Emeritus and the Superior Court Judges Retirement Fund of Georgia, so as to provide that interest earned by investment of funds

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shall be disbursed as benefits before using any general funds of the State for the payment of benefits; and for other purposes.

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

On the passage of the bill, the ayes were 35, nays 0.

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

HB 800. By Messrs. Smith of Grady and Bolton of Spalding:
A bill to amend an act creating the office of solicitor general emeritus and the solicitors' general retirement fund, so as to provide that in terest earned by investment of funds shall be disbursed as benefits be fore using any general funds of the State for the payment of benefits; and for other purposes.

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

On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 340. By Messrs. Hill of Meriwether, Sinclair of Macon, Brown of Hart and others: A bill to create an Area Redevelopment Finance Administrator; to pro vide for a short title; and for other purposes.
The report 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.

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291

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 229.
SB 230.
SB 231.
SR 142. SR 145.
Respectfully submitted,
Pelham of the 10th District,
Chairman.

SB 190. By Senators Webb of the llth, Carlton of the 21st and Jackson of the 16th:
A bill to create the Georgia State Scholarship Commission; to provide for the granting of scholarships to students desiring to study Dentistry, Social Work, Nursing, Pharmacy, Physical Therapy, Medical Technology, Hospital Administration, Dietetics, X-ray Technology, other courses of study in the paramedical field and other professional and educational fields of study as approved by the Commission; and for other purposes.

Senator Webb of the llth asked unanimous consent that SB 190 be recommit ted to the Committee on Health and Welfare.

The consent was granted.

Senator Carlton of the 21st moved that the Senate do now adjuorn until 11:00 o'clock tomorrow morning, and the motion prevailed.

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

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Senate Chamber, Atlanta, Georgia, Wednesday, February 5, 1964.

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 Dr. Leonard Cochran, pastor, Mulberry Methodist Church, Macon, Georgia.

Prayer was offered by Dr. Robert Lee Porter, pastor, First Christian Church, Macon, 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 Carlton of the 21st 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:

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293

HB 935. By Mr. Poole of Pickens:
A bill to amend an act 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.

HB 934. By Mr. Stalnaker of Houston:
A bill to amend an act incorporating the City of Centerville so as to ex tend the corporate limits; and for other purposes.

HB 933. By Mr. Stalnaker of Houston:
A bill to amend an act incorporating the City of Centerville; and for other purposes.

HB 925. By Messrs. Richardson, Funk and Shea of Chatham:
A bill to amend an act granting a legislative charter for the Town of Pooler, so as to authorize the taxation of gas companies; and for other purposes.

HB 924. By Messrs. Overby and Williams of Hall:
A bill to create the Gainesville and Hall County Development Authority; and for other purposes.

HB 906. By Messrs. Moore and Dean of Polk:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Polk County into the office of the Tax Commissioner of Polk County; and for other purposes.

HB 875. By Mr. Jones of Lumpkin:
A bill to provide for the terms of the Superior Court of Lumpkin County; and for other purposes.

HB 838. By Mr. McDonald of White:
A bill to change the terms of the Superior Court of White County; and for other purposes.

HB 894. By Messrs. Brooks, McDonald and Etheridge of Fulton:
A bill to amend an act known as the "Motor Vehicle Certificate of Title Act" so as to require vehicles registered in this State to have certificates of title; and for other purposes.

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HR 333. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, Busbee of Dougherty, and Andrews of Stephens:
A resolution to designate "The Jim L. Gillis, Sr., Bridge"; and for other purposes.

HR 352. By Mr. Warren of Wayne:
A resolution to designate the "J Alvin Leaphart, Sr. Memorial Bridge"; and for other purposes.

HR 385. By Mr. Kelly of Jasper:
A resolution to designate the "Hugh C. Tucker, Sr., Bridge"; and for other purposes.

HR 386. By Mr. Kelly of Jasper: A resolution to designate the O. H. Banks Bridge; and for other pur poses.
HR 388. By Mr. Kelly of Jasper: A resolution to designate the "E. Clyde Kelly Bridge"; and for other purposes.
HB 162. By Messrs. Keyton of Thomas and Greene of Bartow: A bill comprehensively and exhaustively to revise, supersede, consoli date, and codify the laws relating to Public Health, etc.; and for other purposes.
The House has adopted the following resolution of the Senate:
SR 47. By Senator Kidd of the 25th: A resolution requesting that the members of the United States Con gress from Georgia to sponsor and support legislation allowing cer tain tax exemptions for persons paying certain educational expenses; 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 resolutions of the House to-wit:

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295

HR 339. By Mr. Bynum of Rabun:
A resolution authorizing the leasing of a certain tract of land in Black Rock Mountain State Park; and for other purposes.

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

SB 272. By Senators Gordy of the 15th, and Jackson of the 16th:
A bill to amend the Uniform Commercial Code; to provide that securi ties issued by certain public corporations and governmental agencies shall be determined by the laws of this State; and for other purposes.
Referred to Committee on Judiciary.

SB 273. By Senators Smith of the 18th, Carter of the 14th, Knox of the 24th, and Gillis of the 20th:
A bill to authorize the County Board of Education to provide trans portation facilities to students of state junior colleges and public, trade or vocational schools; to repeal conflicting laws; and for other purposes.
Referred to Committee on Educational Matters.

SB 274. By Senators Broun of the 46th, Kendrick of the 32nd, Miller of the 50th, and Phillips of the 27th:
A bill to provide that the State of Georgia shall be a party to "The Vehicle Equipment Safety Compact"; to enact said compact into law; to declare certain legislative findings; to repeal conflicting laws; and for other purposes.
Referred to Committee on Interstate cooperation.

SB 275. By Senator Downing of the 1st:
A bill authorizing the judgment of a court providing permanent alimony to be revised upon petition by the wife or husband alleging a change in the husband's income and financial status, so as to provide the time within which petitions may be filed; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 276. By Senators Webb of the llth, Smalley of the 28th, Lee of the 47th,
Hunt of the 26th, Spinks of the 9th, Smith of the 18th, Moore of the 31st, Broun of the 46th, Owens of the 49th, and Miller of the 50th: A bill relating to congressional districts and the composition thereof, so as to designate the counties and portions thereof which shall compose the ten congressional districts of Georgia; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.

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SB 277. By Senator Fuqua of the 22nd:
A bill to prohibit any new or additional private banks or bankers and requiring all existing private banks or bankers lawfully conducting a banking business in Georgia on or before December 31, 1966, to become chartered and organized under the Banking Laws of this State or of the U. S.; and for other purposes.
Referred to Committee on Rules.

SB 278, By Senators Johnson of the 38th, Maclntyre of the 40th, Coggin of the 35th, Salome of the 36th, Wesberry of the 37th, Brown of the 34th, Brewer of the 39th, Johnson of the 42nd, McWhorter of the 43rd, and Conway of the 41st:
A bill establishing a new charter for the City of Atlanta; to repeal con flicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 279. By Senators Johnson of the 38th, Wesberry of the 37th, Salome of the 36th, Brewer of the 39th, Maclntyre of the 40th, Coggin of the 35th, and Brown of the 34th:
A bill to provide that in certain counties property moved away from the premises pursuant to the execution of a dispossessory warrant or process shall be placed in storage; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 280. By Senators Wesberry of the 37th, Salome of the 36th, Coggin of the 35th, Johnson of the 38th, and Brewer of the 39th:
A bill classifying property for taxation so as to provide that the dis tribution of the revenue derived from the taxation of intangible personal property shall be distributed on the basis of the previous taxable year's millage rate; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 281. By Senator Moore of the 31st:
A bill creating the office of Solicitor-General emeritus and the SolicitorsGeneral Retirement Fund of Georgia, so as to change the date and time by which a Solicitor-General may pay for and receive credit for service in the armed forces of the U.S.; and for other purposes.
Referred to Committee on Judiciary.

HB 162. By Messrs. Keyton of Thomas and Greene of Bartow:
A bill to comprehensively and exhaustively revise, supersede, consoli date and codify the laws relating to Public Health, the Department of

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Public Health, the State Board of Health, County Boards of Health, sani tary districts, and district health commissioners; and for other purposes.
Referred to Committee on Health and Welfare.

HB 933. By Mr. Stalnaker of Houston:
A bill to amend an act incorporating the City of Centerville; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 934. By Mr. Stalnaker of Houston:
A bill to amend an act incorporating the City of Centerville, so as to ex tend the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 935. By Mr. Poole of Pickens:
A bill to amend an act 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.

HR 333. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A resolution to designate "The Jim L. Gillis, Sr. Bridge"; and for other purposes.
Referred to Committee on Highways.

HR 339. By Mr. Bynum of Rabun:
A resolution authorizing the leasing of a certain tract of land in Black Rock Mountain State Park; and for other purposes.
Referred to Committee on Rules.

HR 352. By Mr. Warren of Wayne:
A resolution to designate the "J. Alvin Leaphart, Sr. Memorial Bridge"; and for other purposes.
Referred to Committee on Highways.

HB 838. By Mr. McDonald of White:
A bill to change the terms of the Superior Court of White County; and for other purposes.
Referred to Committee on Judiciary.

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HB 875. By Mr. Jones of Lumpkin:
A bill to provide for the terms of the Superior Court of Lumpkin County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 894. By Messrs. Brooks, McClelland and Etheridge of Fulton:
A bill to amend an act known as the "Motor Vehicle Certificate of Title Act", so as to require vehicles registered in this State to have certificates of title; to provide a definition of boat trailers; and for other purposes.
Referred to Committee on Highways.

HB 906. By Messrs. Moore and Dean of Polk:
A bill to consolidate the offices of tax receiver and tax collector of Polk County into the office of tax commissioner of Polk County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 924. By Messrs. Overby and Williams of Hall: A bill to create the Gainesville and Hall County Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 925. By Messrs. Richardson, Funk and Shea of Chatham: A bill to amend an act granting a legislative charter for the Town of Pooler, so as to authorize the taxation of gas companies; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 385. By Mr. Kelly of Jasper: A resolution to designate the "Hugh C. Tucker, Sr. Bridge"; and for other purposes.
Referred to Committee on Highways.

HR 386. By Mr. Kelly of Jasper:
A resolution to designate the O. H. Banks Bridge; and for other pur poses.
Referred to Committee on Highways.

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299

HR 388. By Mr. Kelly of Jasper:
A resolution to designate the "E Clyde Kelly Bridge"; and for other purposes.
Referred to Committee on Highways.

The following bills and resolutions were read the second time:
SB 257. 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; to change the method of electing Council members; to provide for terms of office on a staggered basis; to repeal conflicting laws; and for other purposes.

SB 258. By Senator Miller of the 50th:
A bill creating the office of Commissioner of Roads and Revenues of Fannin County, so as to provide for an annual audit and the publication thereof of certain offices of the county officials; to provide for a penalty for failure to have such audits and publication; and for other purposes, poses.

SB 259. By Senators Yancey of the 33rd, Johnson of the 42nd, and Kendrick of the 32nd:
A bill to prohibit the advertisement of alcoholic beverages; and for other purposes.

SB 260. By Senators Miller of the 50th, Kendrick of the 32nd, Harrison of the 48th, Owens of the 49th, Broun of the 46th, and Fincher of the 51st:
A bill relating to license plates and their description, so as to designate the State of Georgia as "The Poultry State"; to repeal conflicting laws; and for other purposes.

SB 261. By Senator Kidd of the 25th:
A bill relating to the description and size of license plates so as to pro vide the manner in which certain figures, characters or letters and the color of said plates shall be determined; and for other purposes.

SB 262. By Senators Maclntyre of the 40th, Wesberry of the 37th, Johnson of the 38th, Brown of the 34th, Salome of the 36th, Coggin of the 35th, and Brewer of the 39th:
A bill establishing a new charter for the City of Roswell, so as to pro vide for the date of general elections of the City of Roswell; to repeal conflicting laws; and for other purposes.

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SB 263. By Senator Kidd of the 25th:
A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide for a special retail license; to provide for the fee for same; to repeal conflicting laws; and for other purposes.

SB 264. By Senator Zorn of the 6th:
A bill providing for the issuance by the State Revenue Commission of special license tags to motor vehicle owners who are members of the Georgia National Guard; so as to reduce the cost of license plates to $1.00 for National Guardsman; and for other purposes.

SB 265. By Senator Jackson of the 16th:
A bill to amend an act known as "The Georgia Professional Association Act", so as to redefine the term "professional service"; to repeal conflicing laws; and for other purposes.

SB 266. By Senators Harrison of the 48th, and Fuqua of the 22nd:
A Bill relating to qualifications of persons eligible to hold the office of solicitor general so as to provide that any such person must be a member in good standing of the State Bar of Georgia; to repeal conflict ing laws; and for other purposes.

SB 267. By Senators Harrison of the 48th, and Fuqua of the 22nd:
A Bill relating to the eligibility of persons to be judges of the superior courts so as to provide that any such person must be a member in good standing of the State Bar of Georgia; to repeal conflicting laws; and for other purposes.

SB 268. By Senator Holloway of the 12th:
A bill to create the Georgia Board of Floral Designers; to repeal con flicting laws; and for other purposes.

SB 269. By Senator Rowan of the 8th:
A bill relating to issuing bad checks so as to provide that it shall be a crime to attempt to satisfy any obligation with a bad check; to repeal conflicting laws; and for other purposes.

SB 270. By Senator Webb of the llth:
A bill to change the terms of the Superior Court of Seminole County; to provide when the Grand Jury shall be called; to provide that no July 1964 term shall be held; to repeal conflicting laws; and for other purposes.

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301

SB 271. By Senators Webb of the llth, Hall of the 52nd, and Lee of the 47th:
A bill to provide for hospital care for persons confined in jail when found to be afflicted with tuberculosis; to repeal conflicting laws; and for other purposes.

SR 168. By Senator Downing of the 1st:
A resolution to provide that only residents of the State of Georgia may officiate at public schools athletic functions in Chatham County; and for other purposes.

SR 169. By Senator Knox of the 24th:
A resolution proposing an amendment to the Constitution of the State of Georgia of 1945 so as to authorize each area and county board of education to enter into contracts for the purchase of transportation equipment; and for other purposes.

SR 170. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to au thorize county boards of education to extend educational funds for the purpose of providing Workmen's Compensation; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.

SR 171. By Senator Carlton of the 21st:
A resolution authorizing the conveyance of a certain tract of land in Emanuel County; and for other purposes.

SR 172. By Senator Zorn of the 6th:
A resolution proposing an amendment to Article XI, Section II, Para graph I of the Constitution of Georgia of 1945, so as to authorize the General Assembly to provide by statute for removal of county officers by means of a recall election; to provide for submission of this amendment for ratification or rejection by the people; and for other purposes.

SR 173. By Senator Zorn of the 6th:
A resolution proposing an Amendment to Article III, Section VII of the Constitution of Georgia so as to change the method of reading bills in each House; to provide for submission of this amendment for ratification or rejection by the people; and for other purposes.

SR 175. By Senator Smalley of the 28th:
A resolution proposing an amendment to the Constitution to exempt certain items of personalty from ad valorem taxation; to provide for the

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submission of this amendment for ratification or rejection; and for other purposes.

SR 176. By Senator Smalley of the 28th:
A resolution proposing an amendment to the Constitution providing the classification of inventories for ad valorem tax purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

HB 322. By Mr. Simpson of Wheeler:
A bill to amend an act creating the State Board of Registration for Foresters and defining its powers and duties; and for other purposes.

HB 791. By Messrs. Duncan and Wiggins of Carroll and Abney of Walker:
A bill to amend an act known as the "Motor Vehicle Certificate of Title Act", so as to provide that the commissioner shall not register or renew the registration of a vehicle for which title application is required under this act until the required certificate of title has been issued; and for other purposes.

HB 829. By Mr. Smith of Telfair:
A bill vesting in the City of McRae fee simple title to a certain tract of land in said city, said tract of land being all that part of Kurt Street that lies between Oak Street on the Northeast and Parsonage Street on the Southwest; and for other purposes.

HB 861. By Messrs. Andrews of Stephens, Brown of Hart, Johnson of Elbert and and Milford of Franklin:
A bill to amend an act creating a Department of Public Safety so as to provide that upon application for a Georgia driver's license, all previous valid motor vehicle operator licenses shall be surrendered to the De partment of Public Safety; and for other purposes.

HB 873. By Messrs. Knight of Berrien, Wilkes of Cook, Henderson of Atkinson and others:
A bill to prescribe the terms of court of the superior court in each of the five counties comprising the Alapaha Judicial Circuit; and for other purposes.

HB 887. By Messrs. Jones of Worth, Branch and Alien of Tift, Coker of Turner and Mixon of Irwin:
A bill to amend an act placing the Solicitor General of the Tifton Ju dicial Circuit on a salary; and for other purposes.

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303

HB 890. By Messrs. Bell, Fleming- and Hull of Richmond:
A bill to amend an act authorizing and chartering and empowering of corporations, so as to make applicable to both profit and non-profit corporations the provisions relating to power of trustees after disso lution of any corporation; and for other purposes.

HB 893. By Messrs. Clarke of Monroe and Keadle of Lamar:
A bill to amend an act relating to right to writ of garnishment and how obtained and served, so as to authorize the clerk of the court in which the garnishment is filed or in which the main case is filed to issue an affidavit of attachment; and for other purposes.

HB 897. By Mr. Hill of Meriwether:
A bill to amend an act incorporating the Town of Greenville, so as to increase the maximum ad valorem tax rate which may be levied upon property within the corporate limits of said city; and for other pur poses.

HB 898. By Mr. Wells of Oconee:
A bill to amend an act incorporating the Town of Bogart in Oconee County; and for other purposes.

HB 901. By Mr. Smith of Camden:
A bill to create and establish the St. Mary's Airport Authority; and for other purposes.

HB 902. By Mr. Smith of Camden:
A bill to amend an act establishing the Kingsland City charter; and for other purposes.

HB 903. By Mr. Smith of Camden:
A bill to amend an act incorporating the City of St. Mary's; and for other purposes.

HB 904. By Mr. Smith of Camden:
A bill to amend an act incorporating the City of Kingsland relating to elections; and for other purposes.

HB 909. By Messrs. Busbee of Dougherty and Bolton of Spalding:
A bill to amend an act providing for additional points for certain ap plicants taking examinations given by any examining board or com mission whose records are maintained by the joint-secretary, State Ex-

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amining Boards, so as to provide that the additional points shall not be available to those applicants taking examination under State Board of Accountancy; and for other purposes.

HB 910. By Messrs. Flournoy, Teague and Wilson of Cobb:
A bill to amend an act creating the "Acworth Lake Authority"; and for other purposes.

HB 911. By Messrs. Caldwell and Echols of Upson:
A bill to increase the compensation of the chairman of the Board of Commissioners of Roads and Revenues of Upson County; and for other purposes.

HB 915. By Messrs. Richardson, Funk and Shea of Chatham:
A bill to conform the practice and procedure in the City Court of Sa vannah in all matters and respects with the practice and procedure now or hereafter provided by law for superior courts of the several counties of the State, except certain enumerated particulars; and for other purposes.
The following resolutions were read and adopted:

SR 154. By Senators Downing of the 1st and Byrd of the 17th:
A resolution authorizing the widening of U.S. Highway 17 into a four lane highway in a certain location in Chatham County, Georgia; and for other purposes.

SR 164. By Senator Kidd of the 25th:
A resolution requesting the president of the Senate and the Speaker of the House of Representatives to convene the Senate and House of Representatives at the same time or at approximately the same time; and for other purposes.

SR 174. By Senator Heard of the 29th:
A resolution congratulating Senator Stanley E. Smith, Jr.; and for other purposes.

HR 407. By Messrs. Dixon of Ware, Raulerson of Echols, Wilkes of Cook and many others:
A resolution relative to the acreage reduction for certain types of to bacco ; and for other purposes.

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305

SR 178. By Senator Jackson of the 16th:
A resolution congratulating Lieutenant Governor Peter Zack Geer and Senator James P. Wesberry, Jr.; and for other purposes.

SR 167. By Senators Conway of the 41st and Carlton of the 21st: A resolution amending the rules of the Senate; and for other purposes.

Mr. Knox of the 24th District, Chairman of the Committee on Highways, sub mitted the following report:

Mr. President:

Your Committee on Highways had had under consideration the following bills and resolutions of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:

SB 232. Do Pass.

SR 154. Do Pass.

SR 161. Do Pass.

Respectfully submitted,

Knox of 24th District,

Chairman.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, submit ted the following report:

Mr. President:

Your Committee on Rules had had under consideration the following bills and resolutions of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:

SB 172. Do Pass.

SB 191. Do Pass by substitute.

SB 223. Do Pass.

SB 238. Do Pass.

SR 148. Do Pass by substitute.

SR 158. Do Pass.

HB 798. Do Pass.

Respectfully submitted,

Rowan of 8th District,

Secretary.

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Mr. Plunkett of the 30th District, Secretary of the Committee on Penal and Correctional Affairs, submitted the following report:

Mr. President:

Your Committee on Penal and Correctional Affairs had had under considera tion 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 216. Do Pass.

SB 217. Do Pass.

SB 218. Do Pass.

SB 219. Do Pass.

SB 220. Do Pass.

SB 221. Do Pass.

Respectfully submitted,

Plunkett of 30th District,

Secretary.

Mr. Jackson of the 16th District, Chairman of the Committee on Business, Trade and Commerce, submitted the following report:

Mr. President:

Your Committee on Business, Trade and Commerce had had under considera tion the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:

SB 254. Do Pass.

Respectfully submitted,

Jackson of 16th District,

Chairman.

Mr. Smalley of the 28th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. President:

Your Committee on Judiciary had 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 255. Do Pass.

HB 692. Do Pass.

Respectfully submitted,

Smalley of 28th District,

Chairman.

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307

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 had 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 252. Do Pass.

SB 270. Do Pass.

HB 784. Do Pass.

HB 822. Do Pass.

HB 823. Do Pass.

HB 825. Do Pass.

HB 833. Do Pass.

HB 837. Do Pass.

HB 840. Do Pass.

HB 842. Do Pass.

HB 658. Do Pass.

HB 851. Do Pass.

HB 862. Do Pass.

HB 863. Do Pass.

HB 868. Do Pass.

HB 874. Do Pass.

HB 876. Do Pass.

HB 877. Do Pass.

HB 878. Do Pass as amended.

HB 879. Do Pass.

HB 883. Do Pass.

Respectfully submitted,

Brown of the 34th District,

Chairman.

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

HB 839. By Mr. Carr of Washington:
A bill to amend an act creating the City Court of Sandersville; and for other purposes.

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

On the passage of the bill, the ayes were 37, nays 0.

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

HB 847. By Mr. Hall of Lee:
A bill to repeal an act establishing the City Court of Leesburg; and for other purposes.

The report 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 848. By Mr. Hall of Lee:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Lee County, known as 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 36, nays, 0.

The bill, having received the requisite constitutional majority, was passed.
HB 852. By Messrs. Pickard, Jones and Dicus of Muscogee: A bill to provide that in all counties having a population of not less than 150,000 and not more than 175,000 wherein a juvenile court has been established, the salary of the judge shall be determined by the General Assembly; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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309

On the passage of the bill, the ayes were 36, nays 0.

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

HB 853. By Messrs. Pickard, Jones and Dicus of Muscogee:
A bill to provide that in counties having a population of not less than 150,000 and not more than 175,000 the county commission or other gov erning authority is authorized to create certain emeritus offices; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:
SB 216. By Senators Webb of the llth, Lee of the 47th and Hall of the 52nd: A bill to amend an act approved February 20, 1956, (Ga. L. 1955, p. 161), otherwise known as Code Section 77-312, by providing how prisoners who are the sole responsibility of a county may be confined; and to repeal all laws or parts of laws in conflict 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 218. By Senators Webb of the llth, Lee of the 47th and Hall of the 52nd:
A bill to amend an act approved February 23, 1956, (Ga. Laws 1956, p. 161), so as to provide for concurrent sentences; and to repeal all laws or parts of laws in conflict therewith; and for other purposes.

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

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On the passage of the bill, the ayes were 29, nays 7.

The bill, having received the requisite constitutional majority, was passed.
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.
The report of the committee, which was favorable to the passage of the bill, wag 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 161. By Senators Knox of the 24th, Smith of the 18th, Fuqua of the 22nd, Scott of the 23rd and many others: A resolution relative to an Interstate Highway connecting Fort Benning, Warner Robins and Fort Gordon; 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 29, nays 0.

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

HB 523. By Messrs. Williams of Hall, Story of Gwinnett, Bowen of Dawson, Smith of Forsyth, Overby of Hall, and many others:
A bill to amend an act creating the Lake Lanier Islands Development Authority; and for other purposes.

Senator Owens of the 49th offered the following amendment:
Amend HB 523 by striking from the title thereof the word "in crease" and substituting in lieu thereof the word "change".
By striking in its entirety that Section 2 which is quoted in Section 1 of said bill and substituting in lieu thereof a new section 2 to read as follows:

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311

"Section 2. The Authority shall consist of nine (9) members as follows: The Sec. of State, the Director of the State Game and Fish Commission, the Director of the Department of Industry and Trade of the State of Georgia, the Director of the State Parks Department, the President of the Upper Chattahoochee Development Association, and four additional members to be appointed by the Governor, two of whom shall be members in good standing of the Upper Chattahoochee Development Association. The first four ap pointees so named shall be appointed for terms of one, two, three and four years, as designated by the Governor, and all appoint ments thereafter shall be made for terms of four years.

"The state officials, the President of the Upper Chattahoochee Development Association, and the members appointed by the Gov ernor shall immediately enter upon their duties without further act or formality.

"The members of the Authority shall elect one of their mem bers as chairman and another as vice-chairman. They shall also elect a secretary and a treasurer who need not be members. The office of secretary and treasurer may be combined in one person.

"The Authority may make such bylaws for its government as is deemed necessary, but is under no duty to do so.

"Any five members of the Authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the Authority by this Act. No vacancy on the Authority shall impair the right of a quorum to transact any and all business as aforesaid.

"The members shall receive no compensation for their services but all members shall be entitled to be reimbursed for actual ex penses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the Authority shall receive reasonable compensation, to be determined by the mem bers of the Authority, for their services."

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 31, nays 0.

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

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SB 232. By Senator Hunt of the 26th:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", approved Jan. 11, 1954, (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, so as to provide that the operators of all school buses shall display lighted headlamps when transporting school children; to repeal conflicting laws; and for other purposes.

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

On the passage of the bill, the ayes were 32, nays 1.

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

HB 798. 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 that the State of Georgia become a party to the "Southern Interstate Nuclear Compact" so as to admit into the compact the State of Missouri; and for other purposes.

The report 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 692. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill to provide for the extending of the limitations of time within which certain actions may be commenced 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 32, nays 0.

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

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313

SR 158. By Senators Johnson of the 42nd, Senator Conway of the 41st, McWhorter of the 43rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to declare the acquisition, establishment, operation and administration of the system of public transportation of passengers for hire in the metropolitan area of the City of Atlanta and the Counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett to be an essential governmental function and a public purpose and to authorize the creation of a public corporation or authority for such purpose; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Constitution is hereby amended by adding at the end thereof a new Article to read as follows:
"ARTICLE XVII
Public Transportation of Passengers for Hire

"Section I
Public Transportation of Passengers for Hire in the Metropolitan Area of Atlanta

"Paragraph I. The acquisition, establishment, operation or ad ministration of a system of public transportation of passengers for hire within the metropolitan area of the City of Atlanta and the Counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett, is an essential governmental function and a public purpose for which the powers of taxation and eminent domain may be exercised and public funds expended.
"Paragraph II. The General Assembly may create a public corporation or authority as an instrumentality of the City of Atlanta and the Counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett, or any one or any combination thereof, to perform the aforesaid function, to have the power of eminent domain, the power to borrow money and issue obligations payable from its revenues, and such other powers as may be necessary or convenient for the accomplish ment of the aforesaid function and purpose.
"Paragraph III. The General Assembly may provide that such public corporation or authority, as an instrumentality of the par ticipating counties and municipality, its property, acts, activities, income and obligations and the interest thereon, shall be exempt from any tax obligations and from regulation by any agency or commission of the State.
"Paragraph IV. The General Assembly may authorize the City of Atlanta, and the Counties of Fulton, DeKalb, Cobb, Clayton and

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Gwinnett to contract with such public corporation or authority for the performance of the aforesaid function and purpose; to pay for the public transportation services and facilities contracted for, in cluding the payment of the principal and interest on any obligations issued by such public corporation or authority in order to acquire the necessary facilities and property therefor and in connection therewith to establish and maintain reasonable reserves; to levy taxes to the extent necessary to fulfill the obligation incurred in such contracts; and to convey to such public corporation or authority property or facilities, or render services, which may be useful to the establishment, operation or administration of a public transpor tation system within the aforesaid metropolitan area; provided that no county shall have the power to levy any tax on any subject of taxation situated within the territorial limits of any incorporated municipality which has a contract with said public corporation or authority and is itself levying a tax for that purpose.

"Paragraph V. The provisions of this Article shall be liberally construed to effectuate its purpose and shall not be limited or re stricted by any existing provision of or amendment to this Con stitution, or any general or special law heretofore enacted, and the
authority granted by this Article to the General Assembly may be exercised by general, special or local laws without regard to uni formity."

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 declare the acquisition, establishment, operation and administration of a system of public transportation of passengers for hire in the metropolitan area of the City of Atlanta and the Counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett to be an essential governmental function and a public purpose and to authorize the creation of a public corporation or authority for such purpose.

"Against ratification of amendment to the Constitution so as to declare the acquisition, establishment, operation and administration of a system of public transportation of passengers for hire in the metropolitan area of the City of Atlanta and the Counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett to be an essential governmental function and a public purpose and to authorize the creation of a public corporation or authority for such purpose."

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

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desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

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

Those voting in the affirmative were Senators:

Brewer Broun, 46th Brown, 34th Byrd Carlton Carter Coggin Conway Downing Ellis Pincher Gayner Gillis Gordy

Hall Harrison Heard Hunt Jackson Johnson, 42nd Johnson, 38th Kendrick Knox Lee Loggins Maclntyre Moore McWhorter

Owens Phillips Plunkett Salome Scott Smalley Smith Thomas 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 constitutional two-thirds majority, was adopted.

SB 212. By Senators Webb of the llth, Lee of the 47th and Hall of the 52nd:
A bill to repeal an act approved March 24, 1939, (Ga. L. 1939, p. 285), otherwise known as Code section 27-2526, to provide for determinate sentences for a specific number of years in jury cases of felonies not punishable by life imprisonment and to repeal all laws or parts of laws in conflict therewith; and for other purposes.

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Senator Webb of the llth offered the following amendment:

Amend SB 212 by renumbering Sections 5 and 6 as 6 and 7 re spectively, and by inserting a new Section 5 to read as follows:

"Section 5. Nothing herein shall be construed to preclude either the jury or the judge from reducing the punishment for fel onies to misdemeanors as provided by an Act approved March 24, 1939 (Ga. Laws 1939, p. 285).

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 35, nays 0.

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

SB 214. By Senators Webb of the llth, Lee of the 47th and Hall of the 52nd:
A bill to amend Code section 77-525, (Ga. L. 1943, p. 194), to provide that the State Board of Pardon and Paroles shall only consider for pa role certain misdemeanors and felons and to repeal all laws or parts of laws in conflict therewith; and for other purposes.
Senator Webb of the llth offered the following amendment:
Webb of the llth moves to amend SB 214 as follows:
By striking the last quoted paragraph of Section 1 in its entirety and inserting in lieu thereof the following:
"77-525. The Board may adopt and promulgate rules and regu lations, not inconsistent with the provisions of this Chapter, touch ing all matters therein dealt with, including, among others the practice and procedure in matters pertaining to paroles, pardons, probations and remission of fines and forfeitures. Such rules and regulations shall contain an eligibility requirement for parole which shall set forth the time when the automatic initial consideration of inmates under the jurisdiction of the Department of Corrections for parole shall take place and also the times at which periodic reconsideration thereafter shall take place, which consideration shall

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317

be automatic and no written or formal application shall be required; provided, however, that such an inmate serving a misdemeanor sentence or sentences or one-third of the time of his sentence or sideration for parole after the expiration of six months of his sentence or sentences or one-third of the time of his sentence or sentences whichever is greater; and provided further, that such an inmate serving a felony sentence or felony sentences shall only be eligible for consideration for parole after the expiration of nine months of his sentence or one-third of the time of such sentences whichever is greater; and provided further that inmates serving sentences aggregating twenty-one years or more shall become eligible for consideration for parole upon completion of the service of seven years. The Board shall adopt rules and regulations gov erning the granting of other forms of clemency which shall include pardons, reprieves, commutation of penalties, removal of disabilities imposed by law, and the remission of any part of a sentence, and shall prescribe the procedure to be followed in applying for them. Applications for granting of such other forms of clemency and for exceptions to parole eligibility rules established by statute or pro mulgated by the Board shall be made in such manner as the Board shall direct by rules and regulations."

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 37, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
SB 213. By Senators Webb of the llth, Lee of the 47th and Hall of the 52nd: A bill to amend an act approved March 13, 1957, (Ga. L. 1957, p. 477), by redefining the punishment for misdemeanor, to provide that the sentencing courts shall retain jurisdiction over certain sentences, to re peal all laws or parts of laws or conflict therewith; and for other pur poses.
Senator Webb of the llth offered the following substitute:
A BILL
To be entitled an act to amend Code Section 27-2506, defining the punishment for misdemeanor, as amended, particularly by an Act ap proved March 13, 1957 (Ga. Laws 1957, p. 477), so as to redefine the pun-

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ishment for misdemeanors; to provide that the sentence courts shall re tain jurisdiction over certain sentences; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 27-2506, defining the punishment for misde meanor, as amended, particularly by an Act approved March 13, 1957 (Ga. Laws 1957, p. 477), is hereby amended by striking said Code Sec tion in its entirety and inserting in lieu thereof a new Code Section 27-2506 to read as follows:

"27-2506. Except where otherwise provided, every crime de clared to be a misdemeanor shall be punished either:

"(a) by a fine not to exceed $1,000 or by confinement in the county or other jail, county public works camp or such other places as counties may provide for maintenance of county prisoners for a total term not to exceed 12 months, either a fine or confinement or both; or,

"(b) by confinement under the jurisdiction of the State Board of Corrections in the State penitentiary, in a public works camp or such other institutions as the Director of Corrections may direct, for a determinate term of months which shall be more than six months but shall not exceed a total term of twelve months.

"Either the punishment provided in (a) or (b), but not both, may be imposed in the discretion of the sentencing judge; provided, however, that misdemeanor punishment imposed under (a) or (b) may be subject to suspension or probation but the punishment pro vided in (b) shall not be subject to suspension or probation wholly or partially upon the payment of a fine either directly or indirectly and provided further that the sentencing courts shall retain jurisdic tion to amend, modify, alter, suspend or probate sentences imposed under (a) at any time but in no instance shall any sentence under (a) be modified in a manner to place a county prisoner under the jurisdiction of the State Board of Corrections."

Section 2. If any part or parts of this Act shall be held to be un constitutional, such unconstitutionality shall not affect the validity of the remaining parts of this Act.

Section 3. The provisions of this Act shall become effective July 1, 1964, and shall be applicable to crimes committed on or after said date.

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 36, nays 0, and the substi tute was adopted.

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319

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 37, nays 0.

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

SB 219. By Senators Webb of the llth, Lee of the 47th and Hall of the 52nd: A bill to amend an act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections, approved February 20, 1956, (Ga. Laws 1956, p. 161), as amended, so as to provide for a statutory good time allowance for the first year of the sentence of felony prisoners; 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 220. By Senators Webb of the llth, Lee of the 47th and Hall of the 52nd: A bill to amend an act approved March 13, 1957, (Ga. L. 1957, p. 477), ~/l-erwise known as Code section 27-2529, so as to provide that the judge, in his discretion, may condition probation of convicted felons on a fine of not more than $2,000 where probation is authorized by law; to provide for the repeal of all acts in conflict with 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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SB 221. By Senators Webb of the llth, Lee of the 47th and Hall of the 52nd:
A bill to amend Code section 77-519, (Ga. L. 1955, p. 352), to provide that the State Board of Pardons and Paroles may temporarily revoke certain paroles; and to repeal all laws or parts of laws in conflict there with; and for other purposes.

The report 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 255. By Senator Owens of the 49th: A bill to amend an act entitled "An act to make it a misdemeanor for any person to operate a boat on any public waters of this State while in an intoxicated condition or in a manner which disregards the safety of others; so as to prohibit persons under 16 yrs. of age from operating motor boats on the public waters of this State unless accompanied by an adult; and for other purposes.
Senator Owens of the 49th offered the following amendment:
Amend SB 255. By striking from the title the words and figures "Februarv 16. 1953 (Ga. Laws 1953. p. 53)" and inserting: in lieu thereof the following words and figures "February 16, 1953 (Ga. Laws 1953, January-February Session, p. 55)".
By adding in Section 1 after the words "other purposes.' ," and be fore the words "is hereby", the words and figures "approved February 16, 1953 (Ga. Laws 1953, January-February Session, p. 55),".
By striking Section 2 in its entirety and inserting in lieu thereof the following:
"Section 2. Said Act is further amended by adding a new Section to be designated Section 3A and to read as follows:
"Section 3A. 'Motor boat' as used in this Act shall mean any water craft used or capable of being used as a means of transporta tion on water and propelled by machinery in excess of 25 H.P. whe ther or not such machinery is the principal source of propulsion."
On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment was adopted.

WEDNESDAY, FEBRUARY 5, 1964

321

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.

Senator Pelham of the 10th, Chairman of the Committee on Senate Admini strative 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 191. SB 200. SB 241. SB 242. SB 243. SB 244. SB 245. SB 246. SB 247. SB 248. SB 250.
Respectfully submitted, Pelham of the 10th District, Chairman.

SB 215. By Senators Webb of the llth, Lee of the 47th and Hall of the 52nd:
A bill to amend an act approved February 20, 1956, (Ga. L. 1956, p. 161), by providing that the State Board of Corrections shall have no authority over persons sentenced to county imprisonment facilities and to repeal all laws or parts of laws in conflict therewith; and for other purposes.

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

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On the passage of the bill, the ayes were 33, nays 0.

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

SB 217. By Senators Webb of the llth, Lee of the 47th and Hall of the 52nd:
A bill to prescribe good time allowances and extra good time allowances for prisoners incarcerated under county jurisdiction; to repeal all laws in conflict herewith; and for other purposes.

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

On the passage of the bill, the ayes were 31, nays 0.

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

Senator Carlton of the 21st 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 tomor row morning.

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323

Senate Chamber, Atlanta, Georgia, Thursday, February 6, 1964.

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 Reverend Jake Lackey, pastor, Fort Gaines Methodist Church, Fort Gaines, 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 Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

The consent was granted.

HB 805. By Mr. Mackay of DeKalb:
A bill to amend Code Chap. 113-23, so as to provide for the discharge of executors of last wills and testaments of deceased persons who are re lieved by such wills of the duty of making returns to the ordinaries of the counties in which such wills were probated; and for other purposes.

HB 928. By Messrs. Ware and Spikes of Troup, Payton of Coweta, and others:
A bill to amend an act relating to the procedure for summoning grand jurors, so as to provide that grand jurors may be summoned by certified mail; and for other persons.

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HR 414. By Messrs. Ballard and Morgan of Newton:
A resolution proposing an amendment to the constitution so as to create the Newton County Industrial Development Authority; and for other purposes.

HR 411. By Messrs. Spikes and Ware of Troup:

A resolution proposing an amendment to the Constitution so as to create

the West Point Development Authority, to provide for powers, authority,

funds, purposes, and procedure connected therewith; and for other

purposes.

_

HR 410. By Messrs. Spikes and Ware of Troup:
A resolution proposing an amendment to the constitution so as to create the Hogansville Development Authority; and for other purposes.

HR 409. By Messrs. Mackay and Harris of DeKalb:
A resolution relative to the erection of flags at Stone Mountain; and for other purposes.

HR 408. By Messrs. Payton and Blalock of Coweta:
A resolution proposing an amendment to the constitution so as to pro vide that the governing authority of Coweta County may establish water, sanitation, sewerage and fire protection districts in Coweta County; and for other purposes.

HR 401. By Messrs. Pickard, Jones and Dicus of Muscogee:
A resolution proposing an amendment to the constitution so as to provide that the homestead exemption shall be applicable for school purposes in Muscogee County to certain persons 65 years of age or over; and for other purposes.

HR 396. By Messrs. Ware and Spikes of Troup:
A resolution proposing an amendment to the constitution so as to create the Troup County Development Authority; and for other purposes.

HR 392. By Messrs. Ware and Spikes of Troup:
A resolution proposing an amendment to the constitution so as to create the LaGrange Development Authority; and for other purposes.

HR 320. By Mr. Sinclair of Macon:
A resolution authorizing the transfer of certain real property located in Macon County; and for other purposes.

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325

HR 394. By Mr. Reaves of Brooks:
A resolution proposing an amendment to the constitution so as to provide for the appointment of a county school superintendent by the Brooks County Board of Education; and for other purposes.

The House has adopted the following resolution of the House to-wit:

HR 436. By Mr. Matthews of Colquitt:
A resolution commending the Georgia Congressional Delegation for their stand against the inquitous Federal civil rights bill and urging them to continue their resolute opposition; and for other purposes.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to-wit:

HB 855. By Mr. Fleming of Richmond:
A bill to amend an act relating to the punishment of those persons con victed of larceny and theft, so as to increase the punishment for stealing dogs; and for other purposes.

HB 509. By Mr. Busbee of Dougherty:
A bill to amend an act entitled the "Statewide Probation Act", so as to provide that in the court's discretion the adjudication of the guilt of the accused may be stayed and withheld as well as the imposition of sentence; and for other purposes.

HB 131. By Messrs. Matthews of Clarke, Killian of Glynn, and others:
A bill to amend an act entitled "An Act to provide for the creation of a State Literature Commission, so as to provide for declaratory relief; and for other purposes.

HB 835. By Mr. Bolton of Spalding:
A bill to amend an act establishing the State Employees' Retirement System, so as to provide for membership for any person becoming a Judge of the Court of Appeals or a Justice of the Supreme Court after April 1, 1964; and for other purposes.

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JOURNAL OF THE SENATE,

HB 836. By Mr. Bolton of Spalding:
A bill to amend an act establishing the State Employees' Retirement System, so as to authorize the Board of Trustees to adopt simplified benefit tables; and for other purposes.

HB 947. By Messrs. Conner of Jeff Davis, Mackay of DeKalb, Payton of Coweta, and others:
A bill to amend an act known as the Georgia Insurance Code of 1960, relating to fees and taxes imposed on insurance companies so as to pro vide a uniform policy in this State in the exercise of the powers of municipal corporations and other political subdivisions to tax life insur ance companies; and for other purposes.

HB 795. By Messrs. Harris of DeKalb, Coker of Cherokee and others:
A bill to amend an act relative to State Building and Loan Associations and Federal Savings and Loan Associations, so as to provide that fiduci aries, public officials and others are authorized to invest funds in said associations; and for other purposes.

HB 809. By Mr. Mackay of DeKalb:
A bill to provide for common agency funds, to prescribe the rights of participants in such common agency funds; and for other purposes.

HB 807. By Mr. Mackay of DeKalb:
A bill to amend Code Section 108-315 relating to the appointment of new trustees by the superior courts so as to provide that appointments of new trustees may be made upon the petition of the sold party at interest; and for other purposes.

HB 806. By Mr. Mackay of DeKalb:
A bill to amend an act to authorize the establishment and the mainte nance of common trust funds, so as to strike, remove and delete that portion of said Act relating to the maximum amount of monies of any one estate which shall be invested in one or more common trust funds; 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:

THURSDAY, FEBRUARY 6, 1964

327

HB 797. By Messrs. Smith of Grady and Bolton of Spalding:
A bill to amend an act known as the "Uniform Commercial Code", so as to provide that the negotiability of a security shall be determined by the law of the jurisdiction of organization of the issuer; and for other purposes.

HB 921. By Mr. Williams of Hall:
A bill to amend an act relating to motor vehicles, so as to provide for a new weight classification and for the payment of an increase in the annual registration fee for operation of motor vehicles under such classi fication ; and for other purposes.

HB 922. By Mr. Williams of Hall:
A bill to amend an act governing and regulating the use of public roads and highways of this State, so as to change the maximum weight and length limitations on combinations of vehicles; and for other purposes.

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

SB 282. By Senator Gillis of the 20th:
A bill establishing a State Employee's Retirement System, so as to change the provisions relating to former employees; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 283. By Senator Conway of the 41st:
A bill to create the Georgia Science Commission; to provide for the members thereof; to provide for terms, compensation, duties and powers; to provide for officers; to provide for personnel; to provide for commit tees; to provide for funds; to repeal conflicting laws; and for other purposes.
Referred to Committee on Educational Matters.
SB 284. By Senator Kidd of the 25th:
A bill to provide that any person including, but not limited to, a parent, stepparent or other person responsible for the care of any child under the age of 14 years who commits assault, battery, or other abuse upon any such child whereby a physical or mental injury or injuries is in flicted upon such child, shall be guilty of the crime of child abuse; and for other purposes.
Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE,

SB 285. By Senator Yancey of the 33rd:
A bill to provide for the liability of the owner of any motor vehicle who knowingly permits any motor vehicle owned by him to be operated upon the public highways, roads or streets of this State in the prosecution of the business of the owner or for the benefit of the owner; to repeal con flicting laws; and for other purposes.
Referred to Committee on Highways.

SB 286. By Senators Kendrick of the 32nd, Yancey of the 33rd:
A bill revising, consolidating and superseding the several Acts incorpo rating the Town of Austell, so as to extend the corporate limits; to re peal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 287. By Senator Coggin of the 35th: A bill to provide for water quality control, declaration of policies, defini tions, powers and duties of the Department of Health; to provide for a Water Quality Council and its authority, duties and composition; to pro hibit the discharge of sewage and other wastes into the waters of the State; and for other purposes.
Referred to Committee on Health and Welfare.
SB 288. By Senators Wesberry of the 37th, Brown of the 34th, Salome of the 36th, Coggin of the 35th, Johnson of the 38th, Maclntyre of the 40th, and Brewer of the 39th: A bill to consolidate the offices of Fulton County Tax Receiver and Tax Collector into the office of Tax Commissioner; fix effective date; create office of Chief Deputy Tax Commissioner; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 289. By Senators Brown of the 34th, Brewer of the 39th, Maclntyre of the 40th, Coggin of the 35th, and Salome of the 36th: A bill establishing a new charter for the City of College Park, Georgia; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 290. By Senator Miller of the 50th:
A bill to prohibit the installation of a television set in a motor vehicle if such set is visible to the operator thereof; to repeal conflicting laws; and for other purposes.
Referred to Committee on Highways.

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329

SB 291. By Senator Johnson of the 38th:
A bill establishing a new Charter for the City of Atlanta; and for other purposes.
Referred to Committee on Industry and Labor.

SR 177. By Senator Kendrick of the 32nd:
A resolution relative to Federal Saving and Loan Associations; and for for other purposes.
Referred to Committee on Banking and Finance.

SR 179. By Senators Wesberry of the 37th, and Conway of the 41st:
A resolution proposing an Honesty Code for public officials; and for other purposes.
Referred to Committee on Rules.

SR 180. By Senator Harrison of the 48th:
A resolution proposing an amendment to the Constitution so as to au thorize Barrow County to levy a tax not to exceed one mill for the pur pose of encouraging and promoting the expansion and development of commercial and industrial facilities in Barrow County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Rules.

SR 181. By Senators Gordy of the 15th, Johnson of the 42nd, Kidd of the 25th, Maclntyre of the 40th, McKinnon of the 7th, Searcey of the 2nd, Thomas of the 54th, Tribble of the 3rd, and Yancey of the 33rd:
A resolution amending the Rules of the Senate; and for other purposes.
Referred to Committee on Rules.

The following bills and resolutions were read the second time:

SB 272. By Senators Gordy of the 15th, and Jackson of the 16th:
A bill to amend the Uniform Commercial Code; to provide that securities issued by certain public corporations and governmental agencies shall be determined by the laws of this State; and for other purposes.

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JOURNAL OF THE SENATE,

SB 273. By Senators Smith of the 18th, Carter of the 14th, Knox of the 24th, and Gillis of the 20th:
A bill to authorize the County Board of Education to provide transpor tation facilities to students of state junior colleges and public, trade or vocational schools; to repeal conflicting laws; and for other purposes.

SB 274. By Senators Broun of the 46th, Kendrick of the 32nd, Miller of the 50th, and Phillips of the 27th:
A bill to provide that the State of Georgia shall be a party to "The Vehicle Equipment Safety Compact"; to enact said compact into law; to declare certain legislative findings; to repeal conflicting laws; and for other purposes.
Referred to Committee on Interstate Cooperation.

SB 275. By Senator Downing of the 1st:
A bill authorizing the judgment of a court providing permanent alimony to be revised upon petition by the wife or husband alleging a change in the husband's income and financial status, so as to provide the time within which petitions may be filed; to repeal conflicting laws; and for other purposes.
SB 276. By Senators Webb of the llth, Smalley of the 28th, Lee of the 47th, Hunt of the 26th, Spinks of the 9th, Smith of the 18th, Moore of the 31st, Broun of the 46th, Owens of the 49th, and Miller of the 50th:
A bill relating to congressional districts and the composition thereof, so as to designate the counties and portions thereof which shall compose the ten congressional districts of Georgia; to repeal conflicting laws; and for other purposes.
SB 277. By Senator Fuqua of the 22nd:
A bill to prohibit any new or additional private banks or bankers and requiring all existing private banks or bankers lawfully conducting a banking business in Georgia on or before December 31, 1966, to become chartered and organized under the Banking Laws of this State or of the U. S.; and for other purposes.
SB 278. By Senators Johnson of the 38th, Maclntyre of the 40th, Coggin of the 35th, Salome of the 36th, Wesberry of the 37th, Brown of the 34th, Brewer of the 39th, Johnson of the 42nd, McWhorter of the 43rd, and Conway of the 41st:
A bill establishing a new charter for the City of Atlanta; to repeal con flicting laws; and for other purposes.

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331

SB 279. By Senators Johnson of the 38th, Wesberry of the 37th, Salome of the 36th, Brewer of the 39th, Maclntyre of the 40th, Coggin of the 35th, and Broun of the 46th:
A bill to provide that in certain counties property moved away from the premises pursuant to the execution of a dispossessory warrant or process shall be placed in storage; to repeal conflicting laws; and for other purposes.

SB 280. By Senators Wesberry of the 37th, Salome of the 36th, Coggin of the 35th, Johnson of the 38th, end Brewer of the 39th:
A bill classifying property for taxation so as to provide that the distri bution of the revenue derived from the taxation of intangible personal property shall be distributed on the basis of the previous taxable year's millage rate; to repeal conflicting laws; and for other purposes.

SB 281. By Senator Moore of the 31st:
A bill creating the office of Solicitor-General emeritus and the SolicitorsGeneral Retirement Fund of Georgia, so as to change the date and time by which a Solicitor-General may pay for and receive credit for service in the armed forces of the U.S.; and for other purposes.

HB 162. By Messrs. Keyton of Thomas and Greene of Bartow:
A bill to comprehensively and exhaustively revise, supersede, consolidate and codify the laws relating to Public Health, the Department of Public Health, the State Board of Health, County Boards of Health, sanitary districts, and district health commissioners; and for other purposes.

HB 838. By Mr. McDonald of White:
A bill to change the terms of the Superior Court of White County; and for other purposes.

HB 875. By Mr. Jones of Lumpkin:
A bill to provide for the terms of the Superior Court of Lumpkin County; and for other purposes.

HB 894. By Messrs. Brooks, McClelland and Etheridge of Fulton:
A bill to amend an act known as the "Motor Vehicle Certificate of Title Act", so as to require vehicles registered in this State to have certificates of title; to provide a definition of boat trailers; and for other purposes.

HB 906. By Messrs. Moore and Dean of Polk:
A bill to consolidate the offices of tax receiver and tax collector of Polk County into the office of tax commissioner of Polk County; and for other purposes.

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HB 924. By Messrs. Overby and Williams of Hall:
A bill to create the Gainesville and Hall County Development Authority; and for other purposes.

HB 925. By Messrs. Richardson, Funk and Shea of Chatham:
A bill to amend an act granting a legislative charter for the Town of Pooler, so as to authorize the taxation of gas companies; and for other purposes.

HB 933. By Mr. Stalnaker of Houston:
A bill to amend an act incorporating the City of Centerville; and for other purposes.

HB 934. By Mr. Stalnaker of Houston:
A bill to amend an act incorporating the City of Centerville, so as to extend the corporate limits; and for other purposes.

HB 935. By Mr. Poole of Pickens:
A bill to amend an act 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.

HR 333. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A resolution to designate "The Jim L. Gillis, Sr. Bridge"; and for other purposes.

HR 339. By Mr. Bynum of Rabun:
A resolution authorizing the leasing of a certain tract of land in Black Rock Mountain State Park; and for other purposes.

HR 352. By Mr. Warren of Wayne:
A resolution to designate the "J. Alvin Leaphart, Sr. Memorial Bridge"; and for other purposes.

HR 385. By Mr. Kelly of Jasper:
A resolution to designate the "Hugh C. Tucker, Sr. Bridge"; and for other purposes.

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333

HR 386. By Mr. Kelly of Jasper:
A resolution to designate the O. H. Banks Bridge; and for other pur poses.

HR 388. By Mr. Kelly of Jasper: ^
A resolution to designate the "E. Clyde Kelly Bridge"; and for other purposes.

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 had had under considera tion the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:

SB 271. Do Pass.

Respectfully submitted,

Hall of 52nd District,

Chairman.

Mr. Scott of the 23rd District, Secretary of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and Welfare had had under consideration the following bills of the Senate and House and has instructed me as Secretary, to re port the same back to the Senate with the following recommendations:
SB 224. Do Pass. SB 225. Do Pass. HB 732. Do pass as amended.
Respectfully submitted, Scott of 23rd District, Secretary.

Mr. Kendrick of the 32nd District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. President:
Your Committee on Rules had had under consideration the following bills

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and resolutions of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:

SB 228. Do Pass.

SR 153. Do pass as amended.

SR 167. Do Pass.

SR 170. Do Pass.

SR 171. Do Pass.

SR 172. Do Pass.

HB 861. Do Pass.

HR 381. Do pass as amended.

HB 819. Do Pass.

Respectfully submitted,

Kendrick of 32nd District

Chairman.

Mr. Salome of the 36th District, Secretary of the Committee on Economy, Reorganization and Efficiency in Government, submitted the following report:
Mr. President:
Your Committee on Economy, Reorganization and Efficiency in Government had 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 recom mendations:
SB 233. Do pass as amended. Respectfully submitted,
Salome of 36th District, Secretary.

Mr. Smalley of the 28th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary had had under consideration the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 195. Do pass by substitute. Respectfully submitted, Smalley of 28th District, Chairman.

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335

Mr. Holloway of the 12th District, Chairman of the Committee on Industry & Labor, submitted the following report:

Mr. President:

Your Committee on Industry & Labor had 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 186. Do Pass.
Respectfully submitted,
Holloway of the 12th District,
Chairman.

The following resolutions were read and adopted:

SR 183. By Senator Byrd of the 17th:
A resolution directing the State Department of Education to conduct a study in an effort to determine the emphasis the State should place on the development of vocational-technical schools; and for other pur poses.

SR 184. By Senator Byrd of the 17th:
A resolution commending Robert Lee Swearingen, Sr.; and for other purposes.

SR 165. By Senator Gillis of the 20th:
A resolution providing for pages from the Paul Anderson Youth Home at Vidalia, Georgia; 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 177. By Senators Brown of the 34th, Coggin of the 35th, Wesberry of the 37th, Salome of the 36th, Johnson of the 38th and others:
A bill to amend code section 26-4101, defining the offense of bribery, so as to redefine the offense of bribery; to repeal conflicting laws; and for other purposes.

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The Committee on Judiciary offered the following substitute:

A BILL

To be entitled an act to amend Code Section 26-4101 defining the criminal offense of bribery, and Code Section 26-4102 relating to the punishment therefor; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 26-4101, defining the criminal offense of bri bery and Code Section 26-4102, prescribing the punishment for bribery, are hereby amended by striking said Code Sections in their entirety and enacting in lieu thereof a new Code Section 26-4101, and a new Code Section 26-4102 to read as follows:
"26-4101 Bribery Defined. A person commits the criminal offense of bribery if he offers, confers, or agrees to confer upon another, solicits, accepts, or agrees to accept from another, any pecuniary benefit or reward in consideration for the recipient's decision, opin ion, recommendations, vote, or other exercise of discretion as a pub lic official, public employee, juror or voter, or for his violating a known duty as a public official or public employee. It is no defense to prosecution hereunder that the person sought to be influenced was not qualified to act in the desired way, whether because he had not yet assumed office, or lacked jurisdiction, or for any other rea son. For purposes of this section, "public official" and "public em ployee" means any officer or employee of any branch, subdivision or agency of the government of this State or political subdivision therein.
"26-4102. Punishment for Bribery. A person convicted of bribery as defined in Code Section 26-4101 shall be punished by imprison ment in the penitentiary for a term of not less than one (1) year and not more than twenty (20) years."
Section 2. All laws and parts of laws in conflict herewith are hereby repealed.

Senator Brown of the 34th offered the following amendment to the substitute:
Amend the substitute for SB 177 by striking from the first sentence of quoted section 26-4101 contained in section 1 the words "or reward".
By striking from the third sentence of quoted section 26-4101 as contained in section 1 the words "political subdivision" and by inserting in lieu thereof the following: "any county, other political subdivision, municipal corporation or public corporation or any agency or instrumen tality of a county, other political subdivision, municipal corporation or public corporation."

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337

On the adoption of the amendment to the substitute, the ayes were 34, nays 1, and the amendment to the substitute was adopted.

On the adoption of the substitute as amended, the ayes were 37, 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 36, nays 0.

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

SB 186. By Senators Broun of the 46th and Lee of the 47th:
A bill providing that it shall be unlawful to promote or participate in certain types of plans for the sale of goods, wares, merchandise, property or any other thing of value; to repeal conflicting laws; and for other purposes.

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

On the passage of the bill, the ayes were 35, nays 0.

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

SB 195. By Senator Holloway of the 12th: A bill to amend code section 37-607, as amended, so as to provide that the powers of sale in deeds of trust, mortgages, security deeds, deeds to secure debt and other instruments shall be strictly construed and fairly exercised; to repeal conflicting laws; and for other purposes.
The Committee on Judiciary offered the following substitute:
A BILL
To be entitled an act to amend Code Section 37-607, relating to the construction and manner of exercise of powers of sale in deeds, mort-

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gages and other instruments and providing who may exercise such pow ers, as amended by an Act approved February 23, 1937 (Ga. Laws 1937, p. 481), so as to provide that the powers of sale in deeds of trust, mort gages, security deeds, deeds to secure debt and other instruments shall be strictly construed and fairly exercised; to provide that sales pursuant to powers of sale in the aforesaid instruments shall be advertised; to prescribe the place, time and manner of such sales; to amend an Act pro viding that no sale of real estate under powers contained in mortgages, deeds or other lien contracts shall be valid unless the sale shall be ad vertised and conducted at the time and place and in the usual manner of sheriff's sales in the county in which such real estate is located, ap proved March 28, 1935 (Ga. Laws 1935, p. 381), so as to provide that no
sale of real property under powers contained in deeds of trust, mortgages, security deeds, deeds to secure debt and other instruments shall be valid unless the sale shall be advertised and conducted at the time and place and in the manner of sheriff's sales in the county in which such real property, or a major part thereof, is located; to provide an effective
date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 37-607, relating to the construction and man ner of exercise of powers of sale in deeds, mortgages and other instru ments and providing who may exercise such powers, as amended by an Act approved February 23, 1937 (Ga. Laws 1937, p. 481), is hereby amended by striking from said Code Section the following language:

"Powers of sale in deeds of trust, mortgages, and other instru ments shall be strictly construed and shall be fairly exercised. In the absence of stipulations to the contrary in the instrument, the time, place, and manner of the sale shall be that pointed out for public sales."

and inserting in lieu thereof the following language:

"Powers of sale in deeds of trust, mortgages, security deeds, deeds to secure debt and other instruments shall be strictly con strued and fairly exercised. Sales pursuant to such powers of sale shall be advertised weekly for four weeks in the official organ of of the county, (if there be no such paper published in the county then in the nearest newspaper having the largest or a general circu lation in the county), notwithstanding the terms of any such instru ment the advertisement shall state the place, the manner of sale and a specific two (2) hour period between the hours of 10:00 a.m. and 4:00 p.m., eastern standard time, during which the sale shall begin. Any sale which is commenced during any period of time which differs from that stated in the advertisement shall be invalid and shall render said sale void.",

so that when so amended, Code Section 37-607 shall read as follows:
"37-607. Powers of sale in deeds of trust, etc. -- Powers of sale in deeds of trust, mortgages, security deeds, deeds to secure debt and other instruments shall be strictly construed and fairly exercised.

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339

Sales pursuant to such powers of sale shall be advertised weekly for four weeks in the official organ of the county, (if there be no such paper published in the county then in the nearest newspaper having the largest or a general circulation in the county), notwith standing the terms of any such instrument the advertisement shall state the place, the manner of sale and a specific two (2) hour period between the hours of 10:00 a.m. and 4:00 p.m., eastern standard time, during which the sale shall begin. Any sale which is commenced during any period of time which differs from that stated in the advertisement shall be invalid and shall render said sale void. Unless the instrument creating such power specifically provides to the con trary, a personal representative, heir, heirs, legatee, devisee, or suc cessor of the grantee in a mortgage, deed of trust, deed to secure debt, bill of sale to secure debt, or other like instrument, or an assignee thereof, of his personal representative, heir, heirs, legatee, devisee, or successor, may exercise any power therein contained. A power of sale not revocable by death of the grantor or donor may be exercised after his death in the same manner and to the same extent as though such grantor or donor were in life; and it shall not be necessary, in the exercise of such power, to advertise or sell as the property of the estate of the deceased, nor to make any mention of or reference to such death."

Section 2. An Act providing that no sale of real estate under powers contained in mortgages, deeds or other lien contracts shall be valid un less the sale shall be advertised and conducted at the time and place and in the usual manner of sheriff's sales in the county in which such real estate is located, approved March 28, 1935 (Ga. Laws 1935, p. 381), is hereby amended by striking Section 2 thereof in its entirety and in serting in lieu thereof a new Section 2 to read as follows:

"Section 2. No sale of real property under powers contained in deeds of trust, mortgages, security deeds, deeds to secure debt and other instruments shall be valid unless the sale shall be adver tised and conducted at the time and place and in the manner of sheriff's sales in the county in which such real property, or a major part thereof, is located."

Section 3. The provisions of this Act shall become effective July 1, 1964.

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 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 36, nays 0.

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

SB 223. By Senators Phillips of the 27th and Carter of the 14th:
A bill to amend an act creating a Department of Public Safety, approved March 19, 1937, (Ga. L. 1937, p. 322), as amended, so as to remove the limitation on the number of officers and men allowed in the Battalion; 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 224. By Senator Phillips of the 27th:
A bill to amend code chapter 84-13, relating to the regulation of the prac tice of pharmacy, as amended, particularly by an act approved March 28, 1947, (Ga. L. 1947, p. 1471), so as to provide immunity from civil liability for certain acts performed by the members of the Georgia State Board of Pharmacy; and for other purposes.

Senator Phillips of the 27th offered the following amendment:
Amend SB 224 by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows:
"Section 2. Said Chapter is further amended by inserting be tween the words 'mix' and 'any' in the first sentence of Code Section 84-1318, relating to the regulation of compounding and mixing drugs, medicines and poisons, as amended by an Act approved March 28, 1947 (Ga. Laws 1947, p. 1471), the words 'or dispense', and between the words 'mixed' and 'for' in the second sentence the words 'or dis pensed', and by adding at the end thereof the words 'or dispensed', so that when so amended Code Section 84-1318 shall read as follows:
'84-1318. It shall be unlawful for any proprietor, owner or man ager of any drug store or pharmacy to allow any person in his em ploy except a registered pharmacist to compound or mix or dispense any drugs, medicines, or poisons for sale, except an employee under the immediate supervision of a registered pharmacist. No drugs, medicines, or poisons intended for human consumption or use on human beings shall be compounded or mixed or dispensed for sale

THURSDAY, FEBRUARY 6, 1964

341

except by a registered pharmacist, or an employee or person under the immediate supervision of a registered pharmacist. No registered pharmacist shall have more than one drug store or pharmacy under his supervision. The proprietor, owner or manager of any drug store or pharmacy shall have a registered pharmacist present and available in such drug store or pharmacy at all times during which drugs, medicines, or poisons are compounded, or mixed or dis pensed.' "

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, 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.

SR 148. By Senators Johnson of the 42nd, Wesberry of the 37th and McWhorter of the 43rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to incorporate by reference provisions of the Federal Internal Revenue Code, including subsequent amendments thereto; 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 VII, Section I of the Constitution is hereby amended by adding a new Paragraph thereto to be known as Paragraph VI to read as follows:
"Paragraph VI. Assimilation of Federal Law and Regulations --(a) The General Assembly may incorporate by reference, or other wise adopt, in whole or part, provisions of the Federal Internal Revenue Code, and such provisions, including subsequent amend ments thereto, shall be as effectively applicable as if enacted by the General Assembly.
"(b) To the extent that provisions of the Federal Internal Revenue Code may be assimilated into the law of this State, as afore-

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said, and to the extent that the chief tax administrator of this State has otherwise been authorized by the General Assembly to make regulations needed in the discharge of his duties, such chief tax administrator may incorporate by reference, or otherwise adopt, in whole or in part, regulations promulgated by Federal administra tive authorities, and such regulations, including subsequent amend ments thereto, shall be as effectively applicable as if promulgated by the chief tax administrator of this State, except as the General Assembly may provide otherwise."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to authorize the General Assembly to incorporate by reference pro visions of the Federal Internal Revenue Code, including subsequent amendments thereto.

"Against ratification of amendment to the Constitution so as to authorize the General Assembly to incorporate by reference pro visions of the Federal Internal Revenue Code, including subsequent amendments thereto."

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

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

SR 148. Senators Johnson of the 42nd, Conway of the 41st, and McWhorter of the 43rd:
A RESOLUTION
Proposing an amendment to the Constitution whereby the General Assembly, in imposing an income tax, may provide for its computation as a percentage of a taxpayer's Federal income tax for the same taxable period and otherwise authorizing the General Assembly to incorporate into the law of this State provisions of the Federal Internal Revenue

THURSDAY, FEBRUARY 6, 1964

343

Code, including future amendments, and regulations thereunder, so as to promote conformity between the State and Federal tax laws; 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 VII, Section I of the Constitution is hereby amended by adding a new Paragraph thereto to be known as Paragraph VI to read as follows:

"Paragraph VI. Assimilation of Federal Law and Regulations. -- (a) In imposing an income tax, the General Assembly may provide that it be computed as a percentage of the income tax required of a taxpayer for the same taxable period under currently applicable provisions of the Federal Internal Revenue Code. The General As sembly may also incorporate by reference, or otherwise adopt in whole or part, provisions of the Federal Internal Revenue Code, and such provisions, including future amendments, shall be as effec tive as if enacted by the General Assembly; provided, however, that this shall not apply to provisions of the Federal Internal Revenue Code which relate to the assessment and collection of taxes, or to other matters of tax procedure and administration.

"(b) To the extent that provisions of the Federal Internal Revenue Code become assimilated into the law of this State, as aforesaid, and to the extent that the chief tax administrator of this State has otherwise been authorized by the General Assembly to make regulations needed in the discharge of his duties, such chief tax administrator may incorporate by reference, or otherwise adopt, in whole or in part, regulations promulgated by Federal administrative authorities, and such regulations, including future amendments thereto, shall be as effective as if promulgated by the chief tax administrator of this State, except as the General As sembly may limit or provide otherwise."

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 computation of the State income tax as a percentage of the Federal income tax and the adoption of provisions of the Federal Internal Revenue Code, including future amendments thereto, and regulations thereunder."

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"Against ratification of amendment to the Constitution so as to authorize the computation of the State income tax as a percentage of the Federal income tax and the adoption of provisions of the Federal Internal Revenue Code, including future amendments there to, and regulations thereunder."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons de siring 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, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun Brown Carlton Carter Coggin Downing Ellis Fincher Gillis Gordy Hall Harrison Heard

Holloway Johnson of 42nd Kendrick Kidd Knox Lee Loggins Maclntyre Miller Moore McKinnon Oliver Plunkett

Salome Scott Searcey Smith Spinks Thomas Tribble Webb Wesberry Yancey Young Zorn

Those voting in the negative were Senators: Gayner and Smalley.

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

On the adoption of the substitute, the ayes were 38, nays 2, and the substitute was adopted.

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

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345

Those voting in the affirmative were Senators:

Broun Brown Carlton Carter Coggin Downing Ellis Pincher Gillis Gordy Harrison Heard Holloway

Johnson of 42nd Johnson of 38th Kendrick Kidd Knox Lee Loggins Maclntyre Miller Moore McKinnon Oliver Plunkett

Salome Scott Searcey Smith Spinks Thomas Tribble Webb Wesberry Yancey Young Zorn

Those voting in the negative were Senators: Gayner and Smalley.

The roll call was verified.

On the adoption of the resolution, the ayes were 38, nays 2.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted by substitute.

SR 153. By Senators Knox of the 24th, Carter of the 14th, Broun of the 46th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to require that the Governor shall select one of three qualified persons from each Con gressional District elected by members of the school boards in the Con gressional District for appointment to the State Board of Education to represent said Congressional District on the State Board of Educa tion; 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 II, Paragraph I of the Constitution is hereby amended by striking the first sentence of said Paragraph and inserting in lieu thereof the following:
"There shall be a State Board of Education composed of one member from each Congressional District in the State. The mem-

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JOURNAL OF THE SENATE,

bers of the school boards in each Congressional District shall elect from that District three persons from lists of selected eligible per sons supplied by the local boards of education of each county in the District, one of whom the Governor shall appoint to the State Board of Education to represent said District on the State Board of Education. The General Assembly shall provide by law for the procedure to be followed in the elections by the members of the school boards.",

and by adding at the end of said Paragraph the following:

"Nothing herein shall affect the terms of office of the members serving at the time of the ratification of this amendment.",

so that when so amended said Paragraph I shall read as follows:

There shall be a State Board of Education composed of one member from each Congressional District in the State. The mem bers of the school boards in each Congressional District shall elect from that District three persons from lists of selected eligible per sons supplied by the local boards of education of each county in the District, one of whom the Governor shall appoint to the State Board of Education to represent said District on the State Board of Edu cation. The General Assembly shall provide by law for the procedure to be followed in the elections by the members of the school boards. The Governor shall not be a member of the State Board of Education. The first State Board of Education under this amendment shall consist of those in office at the time this amendment is adopted, with the terms provided by law. Thereafter, all succeeding appoint ments shall be for seven year terms from the expiration of the previ ous term. Vacancies upon said Board caused by expiration of term of office or by death, resignation, or for any other cause shall be similarly filled by nomination and appointment. All members of the Board shall hold office until their successors are appointed and qualified. The members of the State Board of Education shall be
citizens of this State who shall have resided in Georgia continuously at least five years preceding their appointment. No person employed in a professional capacity by a private or public educational institu tion, or by the State Department of Education, shall be eligible for appointment or to serve on said Board. No person who is or has been connected with or employed by a school book publishing con cern shall be eligible to membership on the Board, and if any person shall be so connected or employed after becoming a member of the Board, his place shall immediately become vacant. The said State Board of Education shall have such powers and duties as provided by law and existing at the time of the adoption of this Constitutional Amendment, together with such further powers and duties as may be hereafter provided by law. Nothing herein shall affect the terms of office of the members serving at the time of the ratification of this amendment."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been

THURSDAY, FEBRUARY 6, 1964

347

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 require the Governor to select from three persons nominated by the local school boards of each Congressional District, one who shall be that District's representative on the State Board of Education.

"Against ratification of amendment to the Constitution so as to require the Governor to select from three persons nominated by the local school boards of each Congressional District, one who shall be that District's representative on the State Board of Education."

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons de siring 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 results for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the re sult to the Governor, who shall issue his proclamation thereon.

The Committee on Rules offered the following amendment:
Amend SR 153 by striking from Section 1 the word "eligible" where it appears in the second sentence of the quoted portion of said Section so that quoted portion of said Section as amended shall read as follows:
"There shall be a State Board of Education composed of one member from each Congressional District in the State. The mem bers of the school boards in each Congressional District shall elect from the District three persons from lists of selected persons sup plied by the local boards of education of each county in the District, one of whom the Governor shall appoint to the State Board of Educa tion to represent said District on the State Board of Education. The General Assembly shall provide by law for the procedure to be fol lowed in the elections by the members of the school boards."
and by adding at the end of said paragraph the following:
"Nothing herein shall affect the terms of office of the mem bers serving at the time of the ratification of this amendment.",
so that when so amended said paragraph I shall read as follows:

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"There shall be a State Board of Education composed of one member from each Congressional District in the State. The mem bers of the school boards in each Congressional District shall elect from that District three persons from lists of selected persons sup plied by local boards of education of each county in the District, one of whom the Governor shall appoint to the State Board of Education to represent said District on the State Board of Education. The General Assembly shall provide by law for the procedure to be fol lowed in the elections by the members of the school boards. The Governor shall not be a member of the State Board of Education. The first State Board of Education under this amendment shall con sist of those in office at the time this amendment is adopted, with the terms provided by law. Thereafter, all succeeding appointments shall be for seven year terms from the expiration of the previous term. Vacancies upon said Board caused by expiration of term of of fice or by death, resignation, or for any other cause shall be similarly filled by nomination and appointment. All members of the Board shall hold office until their successors are appointed and qualified. The members of the State Board of Education shall be citizens of this State who shall have resided in Georgia continuously for at least five years preceding their appointment. No person employed in a professional capacity by a private or public educational institution, or by the State Department of Education, shall be eligible for ap pointment or to serve on said Board. No person who is or has been connected with or employed by a school book publishing concern shall be eligible to membership on the Board, and if any person shall be so connected or employed after becoming a member of the Board, his place shall immediately become vacant. The said State Board of Education shall have such powers and duties as provided by law and existing at the time of the adoption of this Constitutional Amendment, together with such further powers and duties as may be hereafter provided by law. Nothing herein shall affect the terms of office of the members serving at the time of the ratification of this amendment."

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 as amended, was agreed to.

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

Those voting in the affirmative were Senators:

Broun of the 46th Byrd Carlton

Carter Coggin Ellis

Fincher Gayner Gillis

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349

Gordy Hall Harrison Heard Holloway Jackson Johnson of 38th Kidd Knox

Lee Loggins Maclntyre Miller Moore McKinnon Oliver Plunkett
Rowan

Salome Scott Smalley Smith Spinks Thomas Webb Wesberry Young

Those voting in the negative were Senators:

Brown of 34th Conway Downing

Johnson of 42nd Kendrick Phillips

Searcey Tribble Yancey

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

On the adoption of the resolution, the ayes were 36, nays 9.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted as amended.
Senator Kendrick of the 32nd gave notice that at the proper time he would move that the Senate reconsider its action on SR 153.
Senator Kendrick of the 32nd moved that the following resolution of the Senate be recommitted to the committee on Rules:

SR 162. By Senators Broun of the 46th, Knox of the 24th, Plunkett of the 30th, Carter of the 14th and Lee of the 47th:
A resolution proposing an amendment to the Constitution so as to provide for the appointment of the State School Superintendent by the State Board of Education; to provide for submission of this amendment for ratification or rejection; and for other purposes.

On the motion to recommit, the ayes were 23, nays 17, and the motion pre vailed.

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

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Chairman, to report the same back to the Senate as correct and ready for trans mission to the House of Representatives:
SB 172. SB 212. SB 213. SB 214. SB 215. SB 216. SB 217. SB 218. SB 219. SB 220. SB 221. SB 232. SB 255. SR 154. SR 158. SR 161.

Respectfully submitted, Pelham of the 10th District, Chairman.

SB 233. By Senators Gayner of the 5th, Gillis of the 20th, Holloway of the 12th, Jackson of the 16th and Phillips of the 27th: A bill to enact the "Georgia Administrative Procedure Act"; and for other purposes.
The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
Amend SB 233 by striking from the Title the words "to repeal con flicting laws".
By adding in paragraph (1) of Section 2 after the words "the Board of Pardons and Paroles", the words "the State Board of Probation".
By changing the period at the end of paragraph (4) of Subsection (a) of Section 3 to a comma and adding the words "and by an Act ap proved January 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 77), as amended."

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351

By striking from paragraph (1) of Subsection (c) of Section 20 the words "and incorporates a finding to that in its order", and inserting in lieu thereof the words "and incorporates a finding to that effect in its order".

By striking Section 25 in its entirety.

On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.

Senator Gayner of the 5th offered the following amendment:
Amend SB 233 by striking Section 12 thereof in its entirety and sub stituting in lieu thereof, the following:
"Section 12. Declaratory Ruling by Agencies. Each agency shall provide by rule for the filing and prompt disposition of petitions for declaratory rulings as to the applicability of any rule or order of the agency, and for declaratory rulings by the attorney general as to the applicability of any rule or order of the agency, and for declaratory rulings by the attorney general as to the applicability of any statu tory provision. Rulings disposing of petitions have the same status as agency decisions or orders in contested cases."

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.

Senator Gayner of the 5th offered the following amendment:
Amend SB 233 by striking the period where it appears at the end of subsection (b) of Section 20, substituting thereof a semi-colon and adding the following language:
"Provided that this subsection shall not apply to licensing under Chapters 58-7 through 58-10 of the Code of Georgia Annotated."
so that when amended the same shall read as follows:
"(b) When a license has been made timely and sufficient ap plication for the renewal of the license or a new license with refer ence to any activity of a continuing nature, the existing license shall not expire until such application has been finally determined by the agency and, in case the application has been denied or the terms of the new license limited until the last day for seeking review of the agency order, or such later date as may be fixed by the order of the reviewing court; Provided that this subsection shall not apply to licensing under chapters 58-7 through 58-10 of the Code of Geor gia Annotated."

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

Senator Gayner of the 5th offered the following amendment:
Amend SB 233 by striking Section 14. (A) (8) (b), which reads as follows:
"(b) evidence received or considered;",
and inserting in lieu thereof the following:
"(b) a summary of the oral testimony plus all other evidence received or considered, except that oral proceedings, or any part thereof, shall be transcribed or recorded upon request of any party. Upon written request thereof, a transcript of such oral proceeding, or any part thereof, shall be furnished to any party to the proceed ing. The agency shall set a uniform fee for such service." By striking Section 14. (A) (9) in its entirety.
By renumbering Section 14. (A) (10) as Section 14. (A) (9).
On the adoption of the amendment, the ayes were 39, nays 0, and the amend ment was adopted.
Senator Lee of the 47th offered the following amendment:
Amend Senate Bill 233, Section 2 (1), by adding at the end of the 6th line the name of the Public Service Commission so that Section 2 (1) when amended shall read as follows:
Section 2. Definitions. For the purpose of this Act:
(1) "Agency" means each state authority, board, bureau, com mission, department, division or officer authorized by law to make rules or to determine contested cases except the General Assembly, the judiciary, the Governor, the Board of Pardons and Paroles, the Board of Bar Examiners, the Board of Corrections, the State Board of Workmen's Compensation, the Public Service Commission, or any penal, educational or charitable institution, or any agency when its action is concerned with the military or naval affairs of this State.
On the adoption of the amendment, the ayes were 34, nays 3, 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.

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353

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 741. 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 Hospital Authority Act", so as to remove the limitation upon the amount of bonds the authority may issue; and for other purposes.

Senator Carlton of the 21st asked unanimous consent that HB 741 be re committed to the Committee on Banking and Finance.

The consent was granted.

Senator Carlton of the 21st 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 morning1.

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Senate Chamber, Atlanta, Georgia, Friday, February 7, 1964.

The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.
Scripture reading and prayer was offered by Reverend Elick S. Bullington, pastor, First Methodist Church, Swainsboro, 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.
Senator Kendrick of the 32nd moved that the Senate reconsider its action of yesterday on the following resolution of the Senate:
SR 153. By Senators Knox of the 24th, Carter of the 14th, Broun of the 46th, and others. A resolution proposing an amendment to the Constitution so as to re quire that the Governor shall select one of three qualified persons from each Congressional District elected by members of the school boards in the Congressional District for appointment to the State Board of Educa tion to represent said Congressional District on the State Board of Edu cation ; and for other purposes.
On the motion to reconsider, the ayes were 11, nays 28, and the motion was lost.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Carlton of the 21st 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.

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355

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 & Senate to-wit:

HB 696. By Messrs. Bell and Fleming of Richmond:
A bill authorizing the governing authorities and counties of this State to establish separate or joint planning commissions; and for other pur poses..

HB 432. By Messrs. Spikes and Ware of Troup:
A bill to amend an act entitled "An Act making provision for the licensure of applied psychologists, through a State Board of Examiners", soas to change the method of appealing decisions of the Board to revoke licenses; and for other purposes.

HB 846. By Mr. Raulerson of Echols: A bill to amend an act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt sugar and other feeds for honeybees; and for other purposes.
HB 858. By Mr. Scarborough of Crawford: A bill to amend an act relating to the registration of title to lands, so as to provide that the Clerk of the Superior Court shall furnish any de fendant with a copy of the petition if so requested; and for other pur poses.
HR 362. By Mr. McClelland of Fulton: A resolution authorizing the delivery of a certain plaque to the commer cial Union Group of Insurance Companies; and for other purposes.
HB 938. By Messrs. Twitty of Mitchell and Fulford of Terrell: A bill to amend an act creating the Department of Commerce so as to authorize the purchase of passenger carrying equipment for purposes of economic and industrial development; and for other purposes.
The House has adopted as amended by the requisite constitutional majority the following resolution of the Senate:

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SR 139. By Senator Carlton of the 21st and Senator Webb of the llth:
A resolution confirming the appointment of Mrs. A. W. Bramblett, Sr., as Poet Laureate of the State of Georgia; and for other purposes.

The Speaker has appointed as a Committee of Conference on SB 3 on the part of the House the following members: Messrs. Chandler of Baldwin, Melton of Spalding and Duncan of Carroll.

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

SB 292. By Senator Kidd of the 25th:
A bill relating to the appointment of guardians of insane, deaf and dumb persons, and persons who are adjudged non compos mentis, so as to pro vide for whom guardians may be appointed; to provide for the procedure for the appointment of guardians; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 293. By Senator Smith of the 18th:
A bill creating a new charter for the City of Perry, so as to provide for numbered city council posts; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 294. By Senators Carlton of the 21st, Knox of the 24th, McWhorter of the 43rd, Brewer of the 39th, and Broun of the 46th:
A bill to provide the exclusive procedure for recording mortgages, deeds to secure debt, indentures, etc., relating to property of railroad, electric, gas and other public utility corporations; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

SB 295. By Senators Kendrick of the 32nd, Yancey of the 33rd:
A bill incorporating the City of Powder Springs, so as to extend the corporate limits of the City of Powder Springs; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

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357

SB 296. By Senators Broun of the 46th, Lee of the 47th, and Harrison of the 48th:
A bill to change the punishment for larceny of any automobile, locomo bile, motorcycle, motor vehicle, or any kind of vehicle propelled by elec tricity or gasoline; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 297. By Senators Spinks of the 9th, and Smith of the 18th:
A bill creating a Department of Public Safety so as to increase the salary of Radio Operators and License Examiners of the Department of Public Safety; to repeal conflicting laws; and for other purposes.
Referred to Committee on Highways.

SB 298. By Senator Phillips of the 27th:
A bill relating to the bail of persons charged with criminal offenses, so as to provide that the sheriff shall refuse to accept a bond only upon certain conditions; to provide for the right of hearings before the grand jury; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 299. By Senator Phillips of the 27th:
A bill relating to certain motor vehicles which are exempt from the Motor Common Carriers Act, so as to exempt wreckers; to repeal con flicting laws; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

SB 300. By Senator Holloway of the 12th:
A bill to amend an Act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", granting certain exemptions from taxes; to clarify Sec. 4; provide effective date; repeal conflicting laws; and for other purposes.
Referred to Committee on Appropriations.

SB 305. By Senator Miller of the 50th:
A bill creating the North Georgia Mountains Commission by granting to the Commission certain additional powers and authority including the power and authority to issue revenue bonds; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.

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SR 185. By Senator Owens of the 49th:
A resolution proposing an amendment to the Constitution so as to pro vide for the appointment of the County School Superintendent of Lumpkin County by the Board of Education of Lumpkin County; and for other purposes.
Referred to Committee on Rules.

HB 131. By Messrs. Matthews of Clarke, Killian of Glynn, Melton of Spalding, Isenberg of Glynn and others:
A bill to amend an act entitled "an act to provide for the creation of a State Literature Commission", so as to provide for declaratory relief; and for other purposes.
Referred to Committee on Educational Matters.

HB 509. By Mr. Busbee of Dougherty:
A bill to amend an act entitled the "Statewide Probation Act", so as to provide that in the court's discretion the adjudication of the guilt of the accused may be stayed and withheld as well as the imposition of sen tence; and for other purposes.
Referred to Committee on Judiciary.

HB 795. By Messrs. Harris of DeKalb, Coker of Cherokee, Hull and Bell of Rich mond, Richardson of Chatham, Fowler of Douglas and Mackay of De Kalb:
A bill to amend an act relative to State Building and Loan Associations and Federal Savings and Loan Associations, so as to provide that fiduci aries, public officials and others are authorized to invest funds in said associations; and for other purposes.
Referred to Committee on Banking and Finance.

HB 805. By Mr. Mackay of DeKalb:
A bill to amend Code chapter 113-23, so as to provide for the discharge of executors of last wills and testaments of deceased persons who are relieved by such wills of the duty of making returns to the ordinaries of the counties in which such wills are probated; and for other purposes.
Referred to Committee on Judiciary.

HB 806. By Mr. Mackay of DeKalb:
A bill to amend an act to authorize the establishment and the mainte nance of common trust funds, so as to strike, remove and delete that portion of said act relating to the maximum amount of monies of any one estate which shall be invested in one or more common trust funds; and for other purposes.
Referred to Committee on Banking and Finance.

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359

HB 807. By Mr. Mackay of DeKalb:
A bill to amend Code section 108-315 relating to the appointment of new trustees by the superior courts so as to provide that appointment of new trustees may be made upon the petition of the sold party at interest; and for other purposes.
Referred to Committee on Judiciary.

HB 809. By Mr. Mackay of DeKalb:
A bill to provide for common agency funds; to prescribe the rights of participants in such common agency funds; to authorize trust institu tions as defined to establish common agency funds; and for other pur poses.
Referred to Committee on Judiciary.

HB 835. By Mr. Bolton of Spalding:
A bill to amend an act establishing the State Employees' Retirement System, so as to provide for membership for any person becoming a Judge of the Court of Appeals or a Justice of the Supreme Court after April 1, 1964; and for other purposes.
Referred to Committee on Rules.

HB 836. By Mr. Bolton of Spalding:
A bill to amend an act establishing the State Employees' Retirement System, so as to authorize the Board of Trustees to adopt simplified benefit tables; and for other purposes.
Referred to Committee on Rules.

HB 855. By Mr. Fleming of Richmond:
A bill to amend an act relating to the punishment of those persons con victed of larceny and theft, so as to increase the punishment for stealing dogs; and for other purposes.
Referred to Committee on Judiciary.

HR 401. By Messrs. Pickard, Jones and Dicus of Muscogee:
A resolution proposing an amendment to the Constitution so as to pro vide that the homestead exemption shall be applicable for school pur poses in Muscogee County to certain persons 65 years of age or over; and for other purposes.
Referred to Committee on Rules.

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HE 408. By Messrs. Payton and Blalock of Coweta:
A resolution proposing an amendment to the Constitution so as to pro vide that the governing authority of Coweta County may establish water, sanitation, sewerage and fire protection districts in Coweta County; and for other purposes.
Referred to Committee on Rules.

HR 409. By Messrs. Mackay and Harris of DeKalb:
A resolution relative to the erection of flags at Stone Mountain; and for other purposes.
Referred to Committee on Rules.

HR 410. By Messrs. Spikes and Ware of Troup:
A resolution proposing an amendment to the Constitution so as to create the Hogansville Development Authority; to provide for powers, author ity, funds, purposes and procedure connected therewith; and for other purposes.
Referred to Committee on Rules.

HR 411. By Messrs. Spikes and Ware of Troup:
A resolution proposing an amendment to the Constitution so as to create the West Point Development Authority; to provide for powers, author ity, funds, purposes and procedure connected therewith; and for other purposes.
Referred to Committee on Rules.

HR 414. By Messrs. Ballard and Morgan of Newton:
/A resolution proposing an amendment to the Constitution so as to create the Newton County Industrial Development Authority; and for other purposes.
Referred to Committee on Rules.

HB 928. By Messrs. Ware and Spikes of Troup, Payton of Coweta, Groover of Bibb and Vaughn of Roekdale:
A bill to amend an act relating to the procedure for summoning grand jurors, so as to provide that grand jurors may be summoned by certified mail; and for other purposes.
Referred to Committee on Judiciary.

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361

HB 947. By Messrs. Conner of Jeff Davis, Mackay of DeKalb, Payton of Coweta, Jones of Worth, Pafford of Lanier, Ware of Troup and others:
A bill to amend an act known as the Georgia Insurance Code of 1960, relating to fees and taxes imposed on insurance companies so as to pro vide a uniform policy in this State in the exercise of the powers of municipal corporations and other political subdivisions to tax life insur ance companies; and for other purposes.
Referred to Committee on Banking and Finance.

HR 320. By Mr. Sinclair of Macon:
A resolution authorizing the transfer of certain real property located in Macon County; and for other purposes.
Referred to Committee on Rules.

HR 392. By Messrs. Ware and Spikes of Troup:
A resolution proposing an amendment to the Constitution so as to create the LaGrange Development Authority; and for other purposes.
Referred to Committee on Rules.

HR 394. By Mr. Reaves of Brooks:
A resolution proposing an amendment to the Constitution so as to pro vide for the appointment of a county school superintendent by the Brooks County Board of Education; and for other purposes.
Referred to Committee on Rules.

HR 396. By Messrs. Ware and Spikes of Troup:
A resolution proposing an amendment to the Constitution so as to create the Troup County Development Authority; and for other purposes. Referred to Committee on Rules.

HB 432. By Messrs. Spikes and Ware of Troup:
A bill to amend an act entitled ''An act making provision for the licensure of applied psychologists, through a State Board of Examiners", so as to change the method of appealing decisions of the Board to revoke licenses; and for other purposes.
Referred to Committee on Judiciary.

HB 696. By Messrs. Bell and Fleming of Richmond:
A bill authorizing the governing authorities of the several municipalities and counties of this State to establish separate or joint planning com missions; and for other purposes.
Referred to Committee on Judiciary.

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HB 846. By Mr. Raulerson of Echols:
A bill to amend an act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt sugar and other feeds for honeybees; and for other purposes.
Referred to Committee on Appropriations.

HB 858. By Mr. Scarborough of Crawford:
A bill to amend an act relating to the registration of title to lands, so as to provide that the clerk of the superior court shall furnish any de fendant with a copy of the petition if so requested; and for other purposes.
Referred to Committee on Judiciary.

HB 938. By Messrs. Twitty of Mitchell and Pulford of Terrell:
A bill to amend an act creating the Department of Commerce (now the Department of Industry and Trade), so as to authorize the purchase of passenger carrying equipment for purposes of economic and industrial development; and for other purposes.
Referred to Committee on Rules.

HR 362. By Mr. McClelland of Fulton:
A resolution authorizing the delivery of a certain plaque to the com mercial Union Group of Insurance Companies; and for other purposes.
Referred to Committee on Rules.

Senator Jackson of the 16th asked unanimous consent that the following bill of the Senate be recommitted to the Committee on Rules:

SB 276. By Senators Webb of the llth, Smalley of the 28th, Lee of the 47th and many others: A bill relating to congressional districts and the composition thereof, so as to designate the counties and portions thereof which shall compose the ten congressional districts of Georgia; to repeal conflicting laws; and for other purposes.
The consent was granted.
HB 797. By Messrs. Smith of Grady and Bolton of Spalding: A bill to amend an act known as the "Uniform Commercial Code", so as to provide that the negotiability of a security shall be determined by the

FRIDAY, FEBRUARY 7, 1964

363

law of the jurisdiction of organization of the issue; and for other purposes.
Referred to Committee on Judiciary.

HB 921. By Mr. Williams of Hall:
A bill to amend an act relating to motor vehicles, so as to provide for a net weight classification and for the payment of an increase in the annual registration fee for operation of motor vehicles under such classification; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

HB 922. By Mr. Williams of Hall:
A bill to amend an act governing and regulating the use of public roads and highways of this State, so as to change the maximum weight and length limitations on combinations of vehicles; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

The following bills and resolutions were introduced, read the second time:

SB 282. By Senator Gillis of the 20th:
A bill establishing a State Employee's Retirement System, so as to change the provisions relating to former employees; to repeal conflicting laws; and for other purposes.

SB 283. By Senator Conway of the 41st:
A bill to create the Georgia Science Commission; to provide for the members thereof; to provide for terms, compensation, duties and pow ers; to provide for officers; to provide for personnel; to provide for committees; to provide for funds; to repeal conflicting laws; and for other purposes.
SB 284. By Senator Kidd of the 25th:
A bill to provide that any person including, but not limited to, a parent, stepparent or other person responsible for the care of any child under the age of 14 years who commits assault, battery, or other abuse upon any such child whereby a physical or mental injury or injuries is in flicted upon such child, shall be guilty of the crime of child abuse; and for other purposes.
SB 285. By Senator Yancey of the 33rd:
A bill to provide for the liability of the owner of any motor vehicle who knowingly permits any motor vehicle owned by him to be operated upon

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the public highways, roads or streets of this State in the prosecution of the business of the owner or for the benefit of the owner; to repeal con flicting laws; and for other purposes.

SB 286. By Senators Kendrick of the 32nd, Yancey of the 33rd:
A bill revising, consolidating and superseding the several Acts incor porating the Town of Austell, so as to extend the corporate limits; to repeal conflicting laws; and for other purposes.

SB 287. By Senator Coggin of the 35th:
A bill to provide for water quality control, declaration of policies, defi nitions, powers and duties of the Department of Health; to provide for a Water Quality Council and its authority, duties and composition; to pro hibit the discharge of sewage and other wastes into the waters of the State; and for other purposes.

SB 288. By Senators Wesberry of the 37th, Brown of the 34th, Salome of the 36th, Coggin of the 35th, Johnson of the 38th, Maclntyre of the 40th, and Brewer of the 39th:
A bill to consolidate the offices of Fulton County Tax Receiver and Tax Collector into the office of Tax Commissioner; fix effective date; create office of Chief Deputy Tax Commissioner; to repeal conflicting laws; and for other purposes.

SB 289. By Senators Brown of the 34th, Brewer of the 39th, Maclntyre of the 40th, Coggin of the 35th, and Salome of the 36th:
A bill establishing a new charter for the City of College Park, Georgia; and for other purposes.

SB 290. By Senator Miller of the 50th:
A bill to prohibit the installation of a television set in a motor vehicle if such set is visible to the operator thereof; to repeal conflicting laws; and for other purposes.

SB 291. By Senator Johnson of the 38th:
A bill establishing a new Charter for the City of Atlanta; and for other purposes.

SR 177. By Senator Kendrick of the 32nd:
A resolution relative to Federal Saving and Loan Associations; and for other purposes.

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365

SR 179. By Senators Wesberry of the 37th, and Conway of the 41st:
A resolution proposing an Honesty Code for public officials; and for other purposes.

SR 180. By Senator Harrison of the 48th:
A resolution proposing an amendment to the Constitution so as to author ize Barrow County to levy a tax not to exceed one mill for the purpose of encouraging and promoting the expansion and development of com mercial and industrial facilities in Barrow County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

SR 181. By Senators Gordy of the 15th, Johnson of the 42nd, Kidd of the 25th, Maclntyre of the 40th, McKinnon of the 7th, Searcey of the 2nd, Thomas of the 54th, Tribble of the 3rd, and Yancey of the 33rd:
A resolution amending the Rules of the Senate; and for other purposes.

Mr. Smalley of the 28th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary had 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 47. Do not pass. SB 202. Do pass by substitute. SB 272. Do pass. SB 275. Do pass. SB 279. Do pass. SB 280. Do pass. HB 803. Do pass as amended. HB 893. Do pass.
Respectfully submitted, Smalley of 28th District, Chairman.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, submit ted the following report:
Mr. President:
Your Committee on Rules had had under consideration the following bills and

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resolutions of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
HR 379. Do pass. HR 380. Do pass. HR 324. Do pass. HR 382. Do pass. HB 896. Do pass. SR 141. Do pass. SR 162. Do pass. SB 276. Do pass by substitute.
Respectfully submitted, Rowan of the 8th 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 had 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 204. Do pass. SB 257. Do pass. SB 258. Do pass. SB 262. Do pass. SB 278. Do pass. HB 659. Do pass as amended. HB 829. Do pass. HB 897. Do pass. HB 898. Do pass. HB 901. Do pass. HB 902. Do pass. HB 903. Do pass. HB 904. Do pass. HB 910. Do pass.

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HB 911. Do pass. HB 935. Do pass. HB 870. Do pass as amended.

Respectfully submitted, Brown of 34th District, Chairman.

Mr. Broun of the 46th District, Chairman of the Committee on Interstate Co-operation, submitted the following report:

Mr. President:

Your Committee on Interstate Co-operation had had under consideration the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:

SB 274. Do pass.

Respectfully submitted, Broun of the 46th District, Chairman.

The following local, uncontested bills, favorably reported by the committees, were read the third time, and put upon their passage:
SB 270. By Senator Webb of the llth: A bill to change the terms of the Superior Court of Seminole County; to provide when the Grand Jury shall be called; to provide that no July, 1964 term shall be held; to repeal conflicting laws; and for other purposes.

Senator Webb of the llth offered the following substitute:
A BILL
To be entitled an Act to amend an Act changing the time of holding the Superior Court of Seminole County, approved January 31, 1946 (Ga. Laws 1946, p. 279), so as to change the terms of the Superior Court of Seminole County; to provide when the grand jury shall be called; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act changing the time of holding the Superior Court of Seminole County, approved January 31, 1946 (Ga. Laws 1946, p. 279), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:

"Section 1. Beginning in 1964, the terms of the Superior Court of Seminole County shall commence on the second Monday in April and continue, if necessary, through the third week in April and on the second Monday in October and continue, if necessary, through the third week in October, except that in 1964 there shall be no April term. The first term of the Superior Court of Seminole County held after the passage and approval of this Act shall begin on the second Monday in October 1964, and continue, if necessary, through the third week in October 1964."

Section 2. Said Act is further amended by inserting at the end thereof a new section to be known as Section 3, to read as follows:

"Section 3. Beginning in 1964, the Judge of the Superior Court of Seminole County shall convene the grand jury on the second Mon day in October. Thereafter, the Judge of said Court shall convene the grand jury on the second Monday in April and the second Mon day in October."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

The substitute was adopted.

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

On the passage of the bill, the ayes were 33, nays 0.

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

HB 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.

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369

Senators Yancey of the 33rd and Kendrick of the 32nd offered the following amendment:

Amend HB 659 by striking Section 2 in its entirety and inserting in lieu thereof a new section 2 as follows:

(a) From and after the passage and approval of this Act there is hereby created in Cobb County a Civil Service System or merit system of personnel administration, to be known as the Cobb County Civil Service System. All persons who receive salaries or wages in whole or in part from Cobb County may be placed under said Civil Service System except: (1) Cobb County Board of Education em ployees, (2) elected officials, (3) all appointed Boards, (4) mem bers of Commissions or Authorities, (5) the Cobb County Attorney, (6) part-time employees, (7) Assistant Solicitors General, (8) Chief Deputies of the Clerk of Cobb Superior Court, (9) the Sheriff of Cobb County, (10) the Tax Commissioner of Cobb County, (11) Commissioner of Roads and Revenues of Cobb County, (12) Court Reporters for the Superior Court of Cobb County, (13) Chief Clerk in the Office of the Ordinary of Cobb County, (14) Department Heads of Cobb County, (15) Cobb County Comptroller or Director of Finance, (16) Warden of Cobb County Prison Camp, (17) any person convicted and sentenced finally by a court of competent jurisdiction for any felony, under the laws of this or any other state, involving moral turpitude, the offence being also a felony of this State, unless restored by a pardon from the proper executive, under the great seal of the State, to all the rights of citizenship; (18) any person who has been convicted and sentenced finally by a court of competent jurisdiction of a misdemeanor involving moral turpitude within five (5) years from the effective date of this Act or within five (5) years immediately preceding an application for Civil Serv ice Examination, (19) and any other official expressly exempt by
law.

Section 11 is amended by adding at the end thereof the fol lowing:

"Provided, however, the appointment of the first members as provided for in Section 3 shall not be made until after February 1, 1965", so that said Section 11, when amended, shall read as follows:

The provisions of this Act shall become effective immediately after ratification in the November 1964 General Election of an amendment to the Constitution of the State of Georgia authorizing the creating of the Cobb County Civil Service System, provided, however, the appointment of the first members as provided for in

Section 3 shall not be made until after February 1, 1965.

The amendment was adopted.

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

On the passage of the bill, the ayes were 28, nays 0.

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

HB 870. By Messrs. Flournoy, Wilson and Teague of Cobb:
A bill to amend an act establishing a new charter for the City of Acworth, so as to include therein certain territory in the County of Cobb contiguous and adjacent to existing boundaries of said city; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 870 by inserting in the title before the phrase "and for other purposes.", the following: "to authorize the Mayor and Council of Acworth to use voting machines in any city election to provide the procedure connected therewith; to repeal conflicting laws;".
By renumbering Section 5, the repealer clause, as Section 6 and by inserting after Section 4 a new Section to be known as "Section 5", to read as follows:
"Section 5. The Mayor and Council are hereby authorized to use voting machines in any city election, including but not being limited to referendums, elections for city officers, and other special elections. All voting machines so used shall be approved by the city council, and it shall be solely within the discretion of such coun cil as to the makes, models and construction of such machines. The custody of such voting machines shall be in the Mayor and City Council, or in lieu thereof in the custody of any election managers or commissioners of the City of Acworth."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On passage of the bill, the ayes were 29, nays 0.

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371

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

HB 878. By Messrs. Pope and Coker of Cherokee:
A bill to amend an act incorporating the City of Canton, so as to provide for division of the city into wards for the purpose of electing councilmen; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 878 by striking the word "Monday" as it appears in Sec tion 2 thereof and substituting in lieu thereof the word "Saturday".

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.

SR 171. By Senator Carlton of the 21st: A resolution authorizing the conveyance of a certain tract of land in Emanuel County; and for other purposes.
Senator Carlton of the 21st offered the following amendment:
Amend SR 171 by striking that clause which appears immediately before the Resolving Clause, and which reads as follows:
"WHEREAS, the land for the new divisional, state patrol head quarters was furnished to the State of Georgia by Emanuel County.",
and substituting in lieu thereof the following:
"WHEREAS, the land for the new divisional, state patrol head quarters was furnished to the State of Georgia by Emanuel County at the approximate cost to Emanuel County of $5,000.00; and

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"WHEREAS, one-half of the total construction cost of the new divisional headquarters is to be paid by Emanuel County, which shall amount to an additional cost to Emanuel County of approxi mately $20,000.00."

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 adoption of the reso lution, was agreed to as amended.

On the adoption of the resolution, the ayes were 33, nays 0.

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

The following resolutions were read and adopted:

SR 165. By Senator Gillis of the 20th:
A resolution providing for pages from the Paul Anderson Youth Home at Vidalia, Georgia; and for other purposes.

SR 182. By Senators James P. Wesberry of the 37th and Kidd of the 25th:
A resolution congratulating Robert A. Sloan, President of the Georgia Junior Chamber of Commerce.

SR 186. By Senators Hunt of the 26th and Jackson of the 16th:
A resolution to commend the American Legion for observing February as Americanism Month; and for other purposes.

HR 436. By Mr. Matthews of Colquitt:
A resolution commending the Georgia congressional delegation for their stand against the iniquitous Federal civil rights bill and urging them to continue their resolute opposition; and for other purposes.

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

SB 225. By Senator Phillips of the 27th:
A bill entitled the "Georgia Permit Act", so as to provide for the revoca tion of permits issued by the Board of Pharmacy for certain violations; to repeal conflicting laws; and for other purposes.

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373

Senator Phillips of the 27th asked unanimous consent that SB 225 be post poned to February 10, 1964.

The consent was granted.

SB 228. By Senators Wesberry of the 37th, Salome of the 36th, Maclntyre of the 40th and many others:
A bill to provide for the disposition of certain funds received by county officials, officers and employees; 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 29, nays 0.

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

SB 271. By Senators Webb of the llth, Hall of the 52nd and Lee of the 47th: A bill to provide for hospital care for persons confined in jail when found to be afflicted with tuberculosis; to repeal conflicting laws; and for other purposes.
Senator Hall of the 52nd asked unanimous consent that SB 271 be postponed until February 11, 1964.
The consent was granted.
SB 274. By Senators Broun of the 46th, Kendrick of the 32nd, Miller of the 50th and Phillips of the 27th: A bill to provide that the State of Georgia shall be a party to "The Ve hicle Equipment Safety Compact"; to enact said compact into law; to declare certain legislative findings; to repeal conflicting laws; and for other purposes.
Senator Smalley of the 28th offered the following amendment:
Amend SB 274 by adding a new section sub paragraph to be Section 11 and to read as follows: "No such rule, regulation or code shall have

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the effect of law in Georgia until a statute shall have been enacted by the General Assembly as provided by law enacting the same, and by adding a new Section 12 to read as follows:

"Nothing herein shall be construed as creating an obligation for funds of the State until the same shall have been approved by spe cific appropriation of the General Assembly;

and by renumbering present section 11 as section 13 and by con forming the caption.

On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was adopted.

Senator Broun of the 46th moved that action on SB 274 be postponed to Febru ary 10, 1964.

On the motion to postpone, the ayes were 25, nays 7.

The motion prevailed, and SB 274 was postponed to February 10, 1964.

SB 275. By Senator Downing of the 1st:
A bill to amend an act authorizing the judgment of a court providing permanent alimony to be revised upon petition by the wife or husband alleging a change in the husband's income and financial status, approved Mar. 9, 1955, (Ga. L. 1955, p. 530), as amended, so as to provide the time within which petitions may be filed; 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 280. By Senators Wesberry of the 37th, Salome of the 36th, Johnson of the 38th and others: A bill to amend an act classifying property for taxation; approved December 27, 1937, (Ga. L. 1937-1938, Ex. Sess., p. 156), as amended so

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375

as to provide that the distribution of the revenue derived from the taxa tion of intangible personal property shall be distributed on the basis of the previous taxable year's millage rate; to repeal conflicting laws; and for other purposes.

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

On the passage of the bill, the ayes were 33, nays 0.

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

HB 819. By Mr. Flournoy of Cobb:
A bill to provide that the words "city", "town" or "municipality" in the statutory laws of Georgia shall be construed as synonymous and shall mean a municipal corporation; and for other purposes.

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

On the passage of the bill, the ayes were 32, nays 0.

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

HB 861. By Messrs. Andrews of Stephens, Brown of Hart, Johnson of Elbert and Milford of Franklin:
A bill to amend an act creating a Department of Public Safety, so as to provide that upon application for a Georgia's driver's license, all previous valid motor vehicle operator licenses shall be surrendered to the De partment of Public Safety; and for other purposes.

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

On the passage of the bill, the ayes were 34, nays 0.

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

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HB 893. By Messrs. Clarke of Monroe and Keadle of Lamar:
A bill to amend an act relating to right to writ of garnishment and how obtained and served, so as to authorize the clerk of the court in which the garnishment is filed or in which the main case if filed to issue an affi davit of attachment; and for other purposes.

The report 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 896. By Mr. Been of Bacon:
A bill to amend an act known as the "Hospital Authorities Law", so as to authorize a hospital to provide meals or housekeeping functions, or both, for tenants of low-rent housing projects for elderly persons; and for other purposes.

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

On passage of the bill, the ayes were 30, nays 1.

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

SB 279. By Senators Johnson of the 38th, Salome of the 36th, Wesberry of the 37th and others:
A bill to amend Code section 61-302, as amended, so as to provide that in certain counties property moved away from the premises pursuant to the execution of a dispossessory warrant or process shall be placed in storage; to repeal conflicting laws; and for other purposes.

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

On the passage of the bill, the ayes were 35, nays 0.

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

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377

Senator Johnson of the 38th asked unanimous consent that SB 279 be imme diately transmitted to the House.

The consent was granted.

The following resolution of the Senate was taken up for the purpose of con sidering a House amendment thereto:

SR 139. By Senators Carlton of the 21st and Webb of the llth:
A resolution confirming the appointment of Mrs. A. W. Bramblett, Sr., as Poet Laureate of the State of Georgia; and for other purposes.

The House amendment was as follows:
Mr. Clarke of Monroe moved to amend SR 139 by striking from the third line of the second paragraph thereof the word "Monroe" and in serting in lieu thereof the words "Forsyth, Monroe County", and by striking from the third line of the last paragraph thereof the word "Mon roe" and inserting in lieu thereof the word "Forsyth, Monroe County".

Senator Webb of the llth moved that the Senate agree to the House amend ment to SR 139.

On the motion to agree, the ayes were 29, nays 0, and the amendment was agreed to.

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 and ready for transmission to the House of Representatives:
SB 177. SB 186. SB 195. SB 223. SB 224. SB 233.

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SR 148. SR 153.

JOURNAL OP THE SENATE,
Respectfully submitted, Pelham of the 10th District, Chairman.

HB 803. 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 "Children and Youth Act", so as to provide that the Governor shall appoint a judge of the Superior Courts and a judge of the Juvenile Courts to the State Board of Children and Youth; and for other purposes.

Senator Carlton of the 21st moved that the Senate postpone action on HB 803 until February 10, 1964, and the motion prevailed.

Senator Carlton of the 21st moved that the Senate do now adjourn until 11:00 o'clock Monday morning, and the motion prevailed.

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

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379

Senate Chamber, Atlanta, Georgia, Monday, February 10, 1964.

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 the Reverend Kenney Fuller, pastor, Calvary Methodist Church, Calvary, Georgia.

Prayer was offered by the Reverend Othell Hand, pastor, First Baptist 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 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 Carlton of the 21st 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:

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HB 946. By Messrs. Morgan and Story of Gwinnett:
A bill to amend an act creating the Gwinnett Judicial Circuit so as to provide for the attendance of the Grand Jury; and for other purposes.

HB 968. By Mr. Rainey of Crisp:
A bill to amend an act creating and establishing a new charter for the City of Cordele, so as to authorize the closing of a certain street; and for other purposes.
HB 966. By Messrs. Lowrey and Jordan of Floyd:
A bill to require the Board of Commissioners of Roads and Revenues of Floyd County, to conduct an annual audit of all financial records and books of Floyd County; and for other purposes.

HB 965. 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 959. By Mr. Rodgers of Charlton: A bill to consolidate the offices of tax receiver and tax collector of Charlton County into the office of the tax commissioner of Charlton County; and for other purposes.

HB 956. By Mr. Carr of Washington:
A bill to amend an act incorporating the City of Sandersville, so as to increase the compensation of the Mayor, Mayor Pro Tern, and Alder men of the City of Sandersville; and for other purposes.

HB 953. By Mr. Shuman of Bryan:
A bill to amend an act changing the compensation of the sheriff, the deputy sheriff, and the clerk of the superior court of Bryan County from the fee system to the salary system; and for other purposes.

HB 918. By Messrs. Williams and Overby of Hall:
A bill authorizing Hall County and the governing authority of said county to provide for the construction, etc., of roads, streets, etc., within any approved subdivision located within certain areas; and for other purposes.

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381

HB 982. By Mr. Meeks of Union:
A bill to provide that any county official of Union County who handles public funds shall be required, authorized, empowered and directed to have all the books files and records of their office audited by some certified public accountant licensed in the State of Ga.; and for other purposes.

HB 985. By Mr. Carr of Washington: A bill to amend an act incorporating the City of Sandersville, so as to change the corporate limits of said city; and for other purposes.
HB 983. By Mr. McCracken of Jefferson: A bill to establish a new charter for the Town of Bartow, so as to change the hours for holding all elections of the Town of Bartow; and for other purposes.
HB 986. By Mr. Milford of Franklin: A bill to reincorporate the City of Canon in the County of Franklin, to create a new charter; and for other purposes.
HB 987. By Mr. McCracken of Jefferson: A bill to amend an act creating the City Court of Louisville, so as to provide that all suits and all other proceedings shall be brought to the month or quarterly term of said City Court; and for other pur poses.
HB 992. By Messrs. Newton and Matthews of Colquitt: A bill to amend the charter of the City of Moultrie, to define the corporate limits; and for other purposes.

HB 993. By Messrs. Matthews and Newton of Colquitt:
A bill to amend an act relating to the incorporation of the City of Moultrie, so as to provide for a change in the millage rate on all taxable property in the City of Moultrie; and for other purposes.

HB 994. By Mr. Wells of Oconee:
A bill to amend an act reincorporating the Town of Watkinsville, so as to define the qualifications of the mayor and council; and for other purposes.

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HB 1006. By Mr. Fowler of Douglas:
A bill to amend an act creating a new charter for the City of Douglasville, so as to change the date on which the election for Mayor and members of Council shall be held; and for other purposes.

HB 1007. By Mr. Fowler of Douglas:
A bill to amend an act creating a new charter for the City of Douglasville, so as to authorize the Mayor and Council to employ a City Manager; and for other purposes.

HR 417. By Messrs. Towson and Knight of Laurens:
A resolution proposing an amendment to the constitution so as to create the Dublin-Laurens School System by merging the independent school system with the City of Dublin and the county school system of the Laurens County; and for other purposes.

HR 430. By Mr. Lee of Clinch:
A resolution proposing an amendment to the Constitution so as to create the Clinch County Development Authority, and for other pur poses.

HR 431. By Mr. Murphy of Haralson:
A resolution proposing an amendment to the Constitution so as to create the Tallapoosa Development Authority; and for other purposes.

HR 432. By Messrs. Smith of Whitfield and Mitchell of Whitfield:
A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Whitfield County to issue general obligation bonds for the purpose of establishing education facilities beyond the twelfth grade and to levy taxes for the payment of such bonds; and for other purposes.
HR 434. By Messrs. Newton and Matthews of Colquitt:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Colquitt County by the people and for the appointment of the County School Superintendent of Colquitt County by the Board; and for other pur poses.
HB 900. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act relating to rates to be allowed to publishers for publishing legal advertisements, so as to increase the rates to be allowed in certain counties; and for other purposes.

MONDAY, FEBRUARY 10, 1964

383

The following resolution was read and adopted:

SR 194. By Senator Jackson of the 16th:
A resolution expressing regret at the passing of Mrs. Arthur P. Gordy; and for other purposes.

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

SB 301. By Senator Kidd of the 25th:
A bill to provide that any physician having reasonable cause to suspect that any child under the age of 14 years brought to him for care has had physical injury inflicted upon him other than by accidental means by any person, shall report the same to police or the person in charge of the institution where such child is brought; and for other purposes.
Referred to Committee on Judiciary.

SB 302. By Senator Moore of the 31st:
A bill to confer upon Polk County the right to condemn private prop erty and all rights therein for the purpose of small watershed projects and for watershed protection and flood control; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 303. By Senator Moore of the 31st:
A bill establishing a new charter for the City of Cedartown so as to provide that the City of Cedartown shall not defray the expense of primary elections; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 304. By Senator Rowan of the 8th:
A bill revising the laws relating to game and fish, so as to exclude therefrom the owners of private ponds as relates to the use or disposal of any fish taken from said private ponds; to repeal conflicting laws; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

SB 306. By Senators Downing of the 1st, Coggin of the 35th:
A bill to provide that each employee in the State of Georgia shall be permitted by his employer to have any necessary time off to vote in

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primaries and elections for which such employee is qualified and registered to vote; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.

SB 307. By Senators Webb of the llth, and Carlton of the 21st:
A bill relating to physical education and training, so as to require physical education in all public schools; to provide for implementation; to repeal conflicting laws; and for other purposes.
Referred to Committee on Educational Matters.

SB 308. By Senator Maclntyre of the 40th:
A bill to provide for the issuance by the State Revenue Commissioner of special license tags to motor vehicle owners who are members of the U. S. Coast Guard Auxiliary; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.

SB 309. By Senators Broun of the 46th, Owens of the 49th, Lee of the 47th, Knox of the 24th, and Smith of the 18th:
A bill relative to filing of annual financial reports by Cooperative Marketing Associations with the Secretary of State; to enact a new Code Section 65-221 requiring financial reports to be filed annually with the Commissioner of Agriculture; to repeal conflicting laws; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

SR 187. By Senator Rowan of the 8th:
A resolution proposing an amendment to the Constitution so as to pro vide for an additional member to the Board of Education of Berrien County; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
Referred to Committee on Rules.

SR 188. By Senator Smith of the 18th:
A resolution proposing an amendment to the Constitution so as to create the Warner Robins Development Authority; to provide for powers and authority of the Authority; to provide the procedure con nected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Rules.

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385

SR 189. By Senator Downing of the 1st:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide by law for the classification of personal property, which is temporarily consigned to a storage facility in this state while in transit there through, as a separate class of tangible property for ad valorem taxation purposes and to provide for its exemption therefrom; and for other purposes.
Referred to Committee on Rules.

SR 190. By Senator Smith of the 18th:
A resolution proposing an amendment to the Constitution so as to create the Houston County Development Authority; to provide for powers and authority of the Authority; to provide the procedure connected therewith; and for other purposes.
Referred to Committee on Rules.

SR 191. By Senators Wesberry of the 37th and Conway of the 41st:
A resolution proposing a Commission on Honesty in Government; and for other purposes.
Referred to Committee on Rules.

SR 192. By Senators Kendrick of the 32nd, Yancey of the 33rd:
A resolution authorizing the City of Austell to issue revenue antici pation obligations for the purpose of constructing, extending, operat ing and maintaining gas generating and distribution systems; and for other purposes.
Referred to Committee on Rules.

HB 1007. By Mr. Fowler of Douglas:
A bill to amend an act creating a new charter for the City of Douglasville and relating to the employ of a city manager; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 417. By Messrs. Knight and Towson of Laurens:
A resolution proposing an amendment to the Constitution so as to create the Dublin-Laurens School System by merging the independent school system of the City of Dublin and the county school system of Laurens County; and for other purposes.
Referred to Committee on Rules.

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HR 430. By Mr. Lee of Clinch:
A resolution proposing an amendment to the Constitution so as to create the Clinch County Development Authority; and for other pur poses.
Referred to Committee on Rules.

HR 431. By Mr. Murphy of Haralson:
A resolution proposing an amendment to the Constitution so as to create the Tallapoosa Development Authority; and for other purposes.
Referred to Committee on Rules.

HR 432. By Messrs. Smith and Mitchell of Whitfield:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Whitfield County to issue general obligation bonds for the purpose of establishing education facilities beyond the twelfth grade and to levy taxes for the payment of such bonds; and for other purposes.
Referred to Committee on Rules.

HR 434. By Messrs. Newton and Matthews of Colquitt:
A resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Colquitt County by the people; and for other purposes.
Referred to Committee on Rules.

HB 985. By Mr. Carr of Washington: A bill to amend an act incorporating the City of Sandersville, so as to change the corporate limits of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 986. By Mr. Milford of Franklin: A bill to reincorporate the City of Canon in the County of Franklin; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 987. By Mr. McCracken of Jefferson: A bill to amend an act creating the City Court of Louisville; and for other purposes.
Referred to Committee on County and Municipal Governments.

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387

HB 992. By Messrs. Newton and Matthews of Colquitt:
A bill to amend the charter of the City of Moultrie; to define the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 993. 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 provide for a change in the millage rate on all taxable property in the City of Moultrie; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 994. By Mr. Wells of Oconee:
A bill to amend an act reincorporating the Town of Watkinsville, so as to define the qualifications of the mayor and council; to change the tax return date; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1006. By Mr. Fowler of Douglas:
A bill to amend an act creating a new charter for the City of Douglasville, so as to change the date on which the election for mayor and members of council shall be held; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 959. By Mr. Rodgers of Charlton: A bill to consolidate the offices of tax receiver and tax collector of Charlton County into the office of tax commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 965. By Mr. Dorminy of Ben Hill: A bill to amend an act relating to the charter for the City of Fitzgerald; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 966. By Messrs. Lowrey and Jordan of Floyd: A bill to require the Board of Commissioners of Roads and Revenues of Floyd County to conduct an annual audit of all financial records and books of Floyd County; and for other purposes.
Referred to Committee on County and Municipal Governments.

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HB 968. By Mr. Rainey of Crisp:
A bill to amend an act creating and establishing a new charter for the City of Cordele, so as to authorize the closing of a certain street; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 982. By Mr. Meeks of Union:
A bill to provide that any county official of Union County who handles public funds shall be required, authorized, empowered and directed to have all the books, files and records of their office audited by some certified public accountant licensed in the State of Georgia; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 983. By Mr. McCracken of Jefferson:
A bill establishing a new charter for the Town of Bartow, so as to change the hours for holding all elections; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 900. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act relating to rates to be allowed to publishers for publishing legal advertisements, so as to increase the rates to be allowed in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 918. By Mr. Williams of Hall:
A bill authorizing Hall County and the governing authority of Hall County to provide for the construction, grading, paving, repairing, and maintenance of roads, streets, curbs, and sidewalks within any approved subdivision areas of said county whose plat is on record in the clerk's office of the Superior Court of Hall County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 946. By Messrs. Morgan and Story of Gwinnett:
A bill to amend an act creating the Gwinnett Judicial Circuit, so as to provide for the attendance of the Grand Jury at the May and July terms of court, and at the November and January terms of court, in the discretion of the judge; and for other purposes.
Referred to Committee on County and Municipal Governments.

MONDAY, FEBRUARY 10, 1964

389

HB 953. By Mr. Shuman of Bryan:
A bill to amend an act changing the compensation of the sheriff, the deputy sheriff of the 20th GMD, the sheriff of the 19th and 1380th GMD, and the clerk of the Superior Court of Bryan County from the fee system to the salary system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 956. By Mr. Carr of Washington:
A bill to amend an act incorporating the City of Sandersville, so as to increase the compensation of the mayor, mayor-pro-tem, and aldermen of the City of Sandersville; and for other purposes.
Referred to Committee on County and Municipal Governments.

The following bills and resolutions were read the second time:

SB 292. By Senator Kidd of the 25th:
A bill relating to the appointment of guardians of insane, deaf and dumb persons, and persons who are adjudged non compos mentis, so as to provide for whom guardians may be appointed; to provide for the procedure for the appointment of guardians; to repeal conflicting laws; and for other purposes.

SB 293. By Senator Smith of the 18th:
A bill creating a new charter for the City of Perry, so as to provide for numbered city council posts; to repeal conflicting laws; and for other purposes.

SB 294. By Senators Carlton of the 21st, Knox of the 24th, McWhorter of the 43rd, Brewer of the 39th, and Broun of the 46th:
A bill to provide the exclusive procedure for recording mortgages, deeds to secure debt, indentures, etc. relating to property of railroads, electric, gas and other public utility corporations; and for other pur poses.

SB 295. By Senators Kendrick of the 32nd, Yancey of the 33rd:
A bill incorporating the City of Powder Springs, so as to extend the corporate limits of the City of Powder Springs; to repeal conflicting laws; and for other purposes.

SB 296. By Senators Broun of the 46th, Lee of the 47th, and Harrison of the 48th:
A bill to change the punishment for larceny of any automobile, loco mobile, motorcycle, motor vehicle, or any kind of vehicle propelled by electricity or gasoline; to repeal conflicting laws; and for other purposes.

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SB 297. By Senators Spinks of the 9th, and Smith of the 18th:
A bill creating a Department of Public Safety so as to increase the salary of Radio Operators and License Examiners of the Department of Public Safety; to repeal conflicting laws; and for other purposes.

SB 298. By Senator Phillips of the 27th:
A bill relating to the bail of persons charged with criminal offenses, so as to provide that the sheriff shall refuse to accept a bond only upon certain conditions; to provide for the right of hearings before the grand jury; to repeal conflicting laws; and for other purposes.

SB 299. By Senator Phillips of the 27th:
A bill relating to certain motor vehicles which are exempt from the Motor Common Carriers Act, so as to exempt wreckers; to repeal con flicting laws; and for other purposes.

SB 300. By Senator Holloway of the 12th:
A bill to amend an act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", granting certain exemptions from taxes; to clarify Sec. 4; provide effective date; repeal conflicting laws; and for other purposes.

SB 305. By Senator Miller of the 60th:
A bill creating the North Georgia Mountains Commission by granting to the Commission certain additional powers and authority including the power and authority to issue revenue bonds; to repeal conflicting laws; and for other purposes.

SR 185. By Senator Owens of the 49th:
A resolution proposing an amendment to the Constitution so as to pro vide for the appointment of the County School Superintendent of Lumpkin County by the Board of Education of Lumpkin County; and for other purposes.

HR 401. By Messrs. Pickard, Jones and Dicus of Muscogee:
A resolution proposing an amendment to the Constitution so as to pro vide that the homestead exemption shall be applicable for school pur poses in Muscogee County to certain persons 65 years of age or over; and for other purposes.

HR 408. By Messrs. Payton and Blalock of Coweta:
A resolution proposing an amendment to the Constitution so as to pro vide that the governing authority of Coweta County may establish water, sanitation, sewerage and fire protection districts in Coweta County; and for other purposes.

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391

HR 409. By Messrs. Mackay and Harris of DeKalb:
A resolution relative to the erection of flags at Stone Mountain; and for other purposes.

HR 410. By Messrs. Spikes and Ware of Troup:
A resolution proposing an amendment to the Constitution so as to create the Hogansville Development Authority; to provide for powers, author ity, funds, purposes and procedure connected therewith; and for other purposes.

HR 411. By Messrs. Spikes and Ware of Troup:
A resolution proposing an amendment to the Constitution so as to create the West Point Development Authority; to provide for powers, author ity, funds, purposes and procedure connected therewith; and for other purposes.

HR 414. By Messrs. Ballard and Morgan of Newton: A resolution proposing an amendment to the Constitution so as to create the Newton County Industrial Development Authority; and for other purposes.
HB 928. By Messrs. Ware and Spikes of Troup, Payton of Coweta, Groover of Bibb and Vaughn of Rockdale: A bill to amend an act relating to the procedure for summoning grand jurors, so as to provide that grand jurors may be summoned by certified mail; and for other purposes.
HB 947. By Messrs. Conner of Jeff Davis, Mackay of DeKalb, Payton of Coweta, Jones of Worth, Pafford of Lanier, Ware of Troup and others: A bill to amend an act known as the Georgia Insurance Code of 1960, relating to fees and taxes imposed on insurance companies so as to pro vide a uniform policy in this State in the exercise of the powers of municipal corporations and other political subdivisions to tax life in surance companies; and for other purposes.
HR 320. By Mr. Sinclair of Macon: A resolution authorizing the transfer of certain real property located in Macon County; and for other purposes.
HR 392. By Messrs. Ware and Spikes of Troup: A resolution proposing an amendment to the Constitution so as to create the LaGrange Development Authority; and for other purposes.

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HE 394. By Mr. Reaves of Brooks:
A resolution proposing an amendment to the Constitution so as to pro vide for the appointment of a county school superintendent by the Brooks County Board of Education; and for other purposes.

HE 396. By Messrs. Ware and Spikes of Troup:
A resolution proposing an amendment to the Constitution so as to create the Troup County Development Authority; and for other purposes.

HB 807. By Mr. Mackay of DeKalb:
A bill to amend Code section 108-315 relating to the appointment of new trustees by the superior courts so as to provide that appointment of new trustees may be made upon the petition of the sole party at interest; and for other purposes.

HB 809. By Mr. Mackay of DeKalb: A bill to provide for common agency funds; to prescribe the rights of participants in such common agency funds; to authorize trust institu tions as defined to establish common agency funds; and for other purposes.
HB 835. By Mr. Bolton of Spalding: A bill to amend an act establishing the State Employees' Retirement System, so as to provide for membership for any person becoming a Judge of the Court of Appeals or a Justice of the Supreme Court after April 1, 1964; and for other purposes.
HB 836. By Mr. Bolton of Spalding: A bill to amend an act establishing the State Employees' Retirement System, so as to authorize the Board of Trustees to adopt simplified benefit tables; and for other purposes.
HB 855. By Mr. Fleming of Richmond: A bill to amend an act relating to the punishment of those persons con victed of larceny and theft, so as to increase the punishment for stealing dogs; and for other purposes.
HB 131. By Messrs. Matthews of Clarke, Killian of Glynn, Melton of Spalding, Isenberg of Glynn and others: A bill to amend an act entitled "an act to provide for the creation of a State Literature Commission", so as to provide for declaratory relief; and for other purposes.

MONDAY, FEBRUARY 10, 1964

393

HB 509. By Mr. Busbee of Dougherty:
A bill to amend an act entitled the "Statewide Probation Act", so as to provide that in the court's discretion the adjudication of the guilt of the accused may be stayed and withheld as well as the imposition of sentence; and for other purposes.

HB 795. By Messrs. Harris of DeKalb, Coker of Cherokee, Hull and Bell of Richmond, Richardson of Chatham, Fowler of Douglas and Mackay of DeKalb:
A bill to amend an act relative to State Building and Loan Associations and Federal Savings and Loan Associations, so as to provide that fiduci aries, public officials and others are authorized to invest funds in said associations; and for other purposes.

HB 805. By Mr. Mackay of DeKalb:
A bill to amend Code chapter 113-23, so as to provide for the discharge of executors of last wills and testaments of deceased persons who are relieved by such wills of the duty of making returns to the ordinaries of the counties in which such wills were probated; and for other purposes.

HB 806. By Mr. Mackay of DeKalb:
A bill to amend an act to authorize the establishment and the mainte nance of common trust funds, so as to strike, remove and delete that portion of said act relating to the maximum amount of monies of any one estate which shall be invested in one or more common trust funds; and for other purposes.

HB 797. By Messrs. Smith of Grady and Bolton of Spalding:
A bill to amend an act known as the "Uniform Commercial Code", so as to provide that the negotiability of a security shall be determined by the law of the jurisdiction of organization of the issue; and for other purposes.

HB 921. By Mr. Williams of Hall:
A bill to amend an act relating to motor vehicles, so as to provide for a net weight classification and for the payment of an increase in the annual registration fee for operation of motor vehicles under such classification; and for other purposes.

HB 922. By Mr. Williams of Hall:
A bill to amend an act governing and regulating the use of public roads and highways of this State, so as to change the maximum weight and length limitations on combinations of vehicles; and for other purposes.

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HB 432. By Messrs. Spikes and Ware of Troup:
A bill to amend an act entitled "An act making provision for the licensure of applied psychologists, through a State Board of Examiners", so as to change the method of appealing decisions of the Board to revoke licenses; and for other purposes.

HB 696. By Messrs. Bell and Fleming of Richmond:
A bill authorizing the governing authorities of the several municipalities and counties of this State to establish separate or joint planning com missions; and for other purposes.

HB 846. By Mr. Raulerson of Echols:
A bill to amend an act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt sugar and other feeds for honeybees; and for other purposes.

HB 858. By Mr. Scarborough of Crawford:
A bill to amend an act relating to the registration of title to lands, so as to provide that the clerk of the superior court shall furnish any defendant with a copy of the petition if so requested; and for other purposes.

HB 938. By Messrs. Twitty of Mitchell and Fulford of Terrell:
A bill to amend an act creating the Department of Commerce (now the Department of Industry and Trade), so as to authorize the pur chase of passenger carrying equipment for purposes of economic and industrial development; and for other purposes.

HR 362. By Mr. McClelland of Fulton:
A resolution authorizing the delivery of a certain plaque to the com mercial Union Group of Insurance Companies; and for other purposes.

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 163. Do Pass. SR 169. Do Pass.

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395

HB 723. Do Pass. HR 184. Do Pass, by Substitute. HR 361. Do Pass. HR 363. Do Pass. HR 383. Do Pass, by Substitute.
Respectfully submitted, Rowan of 8th District, Secretary.

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

SB 225. By Senator Phillips of the 27th:
A bill to amend an act entitled the "Georgia Permit Act", approved February 26, 1962, (Ga. L. 1962, p. 105), so as to provide for the revo cation of permits issued by the Board of Pharmacy for certain viola tions; to provide for certain violations; 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 29, nays 0.

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

SB 254. By Senator Holloway of the 12th:
A bill to amend Code Section 92-102, so as to provide that goods in transit moving over or through the State of Georgia, or consigned to a warehouse within the State for storage, in transit, to a final destination outside the State, shall not be deemed to have acquired a situs in Georgia for ad valorem tax purposes; and for other purposes.

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

On the passage of the bill, the ayes were 35, nays 3.

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

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SB 272. By Senators Gordy of the 15th and Jackson of the 16th:
A bill to amend the Uniform Commercial Code; to provide that securi ties issued by certain public corporations and governmental agencies shall be determined by the laws of this State; to provide that certain provisions of the Uniform Commercial Code shall not apply to such securities; and for other purposes.

Senator Gayner of the 5th offered the following amendment:
Amend SB 272 by striking the words "or of operators of such cor porations" as they appear in the last two lines of Section 1 and sub stituting therefor the words "or of any receivers, trustees or other legally appointed officers in possession of or operating any such cor porations."
so that when amended Section 1 will read as follows:
"Section 1. Section 302 of Article 9 of Code Title 109A, known as the Uniform Commercial Code (Ga. Laws 1962, p. 156) as amended (Ga. Laws 1963, p. 188) relating to the filing provisions of said Article, is hereby amended by substituting "; or" for the period at the end of subsection (3) (b) thereof, and by adding a new subsection (3) (c) to read as follows:
" (c) of this state which specifically provides for the recording of mortgages, deeds to secure debt, indentures, deeds of trust or other security agreements relating to property of railroad, electric, gas or other public utility corporations or of any receivers, trustees or other legally appointed officers in possession of or operating any such corporations."

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 274. By Senators Broun of the 46th, Kendrick of the 32nd, Miller of the 50th and Phillips of the 27th: A bill to provide that the State of Georgia shall be a party to "The Vehicle Equipment Safety Compact"; to enact said compact into law; to declare certain legislative findings; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 10, 1964

397

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

Senator Smalley of the 28th offered the following amendment:
Amend SB 274 by adding a new section to be Section 11 and to read as follows:
"No such rule, regulation or code shall have the effect of law in Georgia until a statute shall have been enacted by the General Assembly as provided by law enacting the same," and by adding a new Section 12 to read as follows: "Nothing herein shall be con strued as creating an obligation for funds of the State until the same shall have been approved by specific appropriation of the General Assembly," and by renumbering present Section 11 as Sec tion 13 and by conforming the caption.

On the passage of the bill, the ayes were 28, nays 13.

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

Senator Spinks of the 9th gave notice that at the proper time he would move that the Senate reconsider its action on SB 274.

SR 169. By Senator Knox of the 24th:
A resolution proposing an amendment to the Constitution of the State of Georgia of 1945 so as to authorize each area and county board of education to enter into contracts for the purchase of school transporta tion equipment; to authorize each area, county and independent board of education to enter into contracts for the purchase of educational television equipment; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section VII, Paragraph IV of the Consti tution of the State of Georgia of 1945 is hereby amended by adding at the end of Paragraph IV the following:
"Anything in the foregoing provisions of this paragraph to the contrary notwithstanding each area and county board of education shall have authority to enter into contracts, not to exceed four years, for the purchase of school transportation equipment

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necessary for the transportation of children in the public schools of such county or area. Each area, county and independent board of education shall have authority to enter into contracts, not to exceed four years, for the purchase of equipment relative to the reception and distribution of educational television. Such loans or contracts as may be made or entered into pursuant to this provision shall be deemed to be made or entered into for pursuant to this provision shall be deemed to be made or enetered into for current expense purposes within the meaning of this paragraph, and only that amount of money to be paid on such loan or contract obligation by the terms thereof within any calendar year shall be considered in determining whether the aggregate amount of all loans, con tracts or other obligations of such area, county or independent board of education payable within such calendar year exceeds the gross income or anticipated revenue limitations prescribed by this paragraph. Allotments of State funds for school transportation purposes and for television purposes shall be considered a part of total anticipated revenue for purposes of this paragraph."

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 authorize each area and county board of education to make loans or enter into contracts for a period not to exceed four years for the purchase of school transportation equipment, and for the pur chase of educational television equipment, and to authorize each independent board of education to make loans or enter into contracts for a period not to exceed four years for the purchase of educational television equipment.

"Against ratification of amendment to the Constitution so as to authorize each area and county board of education to make loans or enter into contracts for a period not to exceed four years for the purchase of school transportation equipment, and for the purchase of educational television equipment, and to authorize each independent board of education to make loans or enter into contracts for a period not to exceed four years for the purchase of educa tional television equipment."

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

MONDAY, FEBRUARY 10, 1964

399

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:

Broun of 46th Byrd Carlton Carter Coggin Conway Downing Ellis Fuqua Gayner Gillis Heard Holloway Hunt

Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Knox Lee Maclntyre Miller McKinnon Noble Oliver Pennington Phillips

Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Thomas 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.

SR 172. By Senator Zorn of the 6th:
A resolution proposing an amendment to Article XI, Section II, Para graph I of the Constitution of Georgia of 1945, so as to authorize the General Assembly to provide by statute for removal of county officers by means of a recall election; to provide for submission of this amend ment for ratification or rejection by the people; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article XI, Section II, Paragraph I, of the Constitu tion of the State of Georgia of 1945 is hereby amended by adding at the end of Paragraph I the following:

"Anything in the preceding paragraph to the contrary notwith standing the General Assembly may, by appropriate legislation, provide for grounds of removal from office of county officers, and may provide further for the procedure for any such officer's re moval through the means of a recall election. In any such legisla tion the General Assembly shall prescribe the method of any such recall provided for."

Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken there on, 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 establish grounds for removal of county officers and provide for the method of recall of such officers.

"Against ratification of amendment to the Constitution so as to authorize the General Assembly to establish grounds for removal of county officers and provide for the method of recall of such officers."

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 he 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:

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401

Those voting in the affirmative were Senators:

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

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Knox Lee Miller McKinnon Noble Oliver Pennington Plunkett

Rowan Salome Scott Searcey Smalley Smith Spinks Thomas Tribble 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.

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 228.

SB 270.

SB 275.

SB 279.

SB 280.

SR 171.

Respectfully submitted, Pelham of the 10th District, Chairman.

HB 723. By Messrs. Brooks of Fulton and Smith of Grady:
A bill to regulate the conduct of officers, employees and agents of political subdivisions, public corporations and other public organizations,

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so as to make it a crime to improperly influence action by the govern ing authorities of any political subdivision of the State; and for other purposes.

Senator Gayner of the 5th offered the following amendment:
Senator Gayner of the 5th offered the following amendment:
Amend HB 723 by striking from the title thereof the following phrase: "To make false accusations, appearances or oaths", and by inserting in lieu thereof the following:
"To trade in funds or debts of any political subdivision, mu nicipality or other public corporation or any public organization while a collecting or disbursing officer thereof; to offer anything of value to an officer or employee of any political subdivision, municipality or other public corporation, or other public organiza tion with intent to infuence his decision or action."

On the adoption of the amendment, the ayes were 36, nays 0, and the amendment was adopted.

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

On the passage of the bill, the ayes were 41, nays 0.

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

Senator Carlton of the 21st 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.

TUESDAY, FEBRUARY 11, 1964

403

Senate Chamber, Atlanta, Georgia, Tuesday, February 11, 1964.

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 the Reverend Everette E. Jones, pastor, New River Baptist Church in Tifton, Georgia.

Prayer was offered by the Reverend Milton Dwelle, pastor, First Baptist Church, Douglasville, 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 Carlton of the 21st 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 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:

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HB 957. By Mr. Andrews of Stephens:
A bill to provide for the use of voting machines, for casting, register ing, recording and computing ballots or votes in all elections including primaries and municipal elections in certain counties; and for other purposes.

HR 444. By Mr. Barber of Jackson:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall have the power to provide by law the guarantee for payment of interest on loans made to students for higher education purposes; and for other purposes.

HB 944. By Messrs. Causby of Gordon, Hale of Dade, and others:
A bill to confer upon each and every county of the State of Georgia the right to condemn private property and all rights therein for the purposes of small watershed protection and flood control; and for other purposes.

HB 930. By Messrs. Killian and Isenberg of Glynn:
A bill to amend an act known as the Georgia Ports Authority Act, so as to authorize the Governor on behalf of the State, to convey certain property to the Georgia Ports Authority; and for other purposes.

HB 542. By Mr. Mackay of DeKalb:
A bill to define the legal status and non-liability of a fiduciary, when obeying the exercise of fiduciary powers in and by another co-fiduciary, committee or person or persons to direct investments; and for other purposes.

HB 884. By Mr. Laite of Bibb: A bill relating to licensing of dealers of firearms, so as to exclude gun collectors; and for other purposes.
HB 827. By Messrs. Smith of Grady, Bolton of Spalding, Andrews of Stephens and Underwood of Montgomery: A bill to amend an act known as the "Statewide Probation Act", so as to change the compensation of the Assistant Director of Probation and the Field Supervisors; and for other purposes.
HB 931. By Messrs. Lee, Busbee and Odom of Dougherty: A bill to amend an act so as to provide that any husband who abandons his wife while she is pregnant shall be guilty of a misdemeanor; and for other purposes.

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405

HB 912. By Mr. Brooks of Pulton:
A bill to amend an act so as to provide that no lease or contract for the conducting of businesses upon the premises of any airport shall be entered into unless it shall have been advertised and three competitive bids submitted; and for other purposes.

HB 850. By Mr. House of Bibb:
A bill to amend an act relating to the inspection and regulation of drugs, so as to grant certain police powers and authority to the Chief Drug Inspector and his assistants; and for other purposes.

HB 871. By Mr. Smith of Camden: A bill to amend an act revising, consolidating and superseding the laws relative to game and fish, so as to prohibit crab fishing in any part or portion of St. Andrews Sound with power-drawn nets during the closed season on shrimp; and for other purposes.
HB 976. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act providing for the method of giving notice of the letting of county contracts for public buildings, or other public works in certain counties; and for other purposes.

HB 926. By Mr. Wilkes of Cook:
A bill to amend an act creating a Small Claims Court in certain counties, so as to provide for the procedure for the appointment of a Judge; and for other purposes.

SB 250. By Senators Plunkett of the 30th and Heard of the 29th: A bill to provide for the appointment of an Assistant Solicitor General in the Coweta Judicial Circuit; and for other purposes.
HB 1026. By Messrs. Bolton of Spalding, Twitty of Mitchell, Groover of Bibb, and others: A bill to amend an act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act," as amended, so as to redefine the terms "sale at retail", "use", "storage", and "consumption"; to provide an effective date for this Act, to repeal conflicting laws; and for other purposes.
The following bills and resolutions were introduced, read the first time and referred to Committees:

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JOURNAL OF THE SENATE,

SB 310. By Senator Phillips of the 27th:
A bill relating to the definition of terms used in the Code Chapter relating to motor contract carriers, so as to exempt wreckers from the operation of the Motor Contract Carriers Act; to repeal conflicting laws; and for other purposes.
Referred to Committee on Highways.

SB 311. By Senators Coggin of the 35th and Plunkett of the 30th:
A bill to prescribe the effect of voluntary deeds to land and to provide for the recording of such deeds and prescribe the effect thereof; and for other purposes.
Referred to Committee on Judiciary.

SB 312. By Senator Pennington of the 45th:
A bill to provide that those individuals who raise, grow and produce nursery stock for resale are engaged in agricultural pursuits, and so much of said individual's operations as relates to the raising, growing and producing of nursery stock for resale are farm operations, and as such are entitled to all of the incidents thereof; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

SB 313. By Senator Rowan of the 8th:
A bill providing for the issuance by the State Revenue Commissioner of special license plates for antique automobiles, so as to change the definition of "historical vehicle" by changing the age limitation of such vehicles from 30 years to 25 years of age; to repeal conflicting laws; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

SB 314. By Senator Thomas of the 52th:
A bill to amend, revise, supersede and consolidate the laws pertaining to the governing authority of Whitfield County, Georgia; to create a Board of Commissioners of Roads and Revenue for Whitfield County, Georgia; to provide for Commissioner Seats; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 315. By Senators Scott of the 23rd, Fuqua of the 22nd:
A bill creating a Board of Commissioners of Roads and Revenues for the County of Richmond, so as to provide that elections called by the Board of Commissioners of Roads and Revenues to fill vacancies in county offices shall be called and held within 60 days of the date the vacancy occurs; and for other purposes.
Referred to Committee on County and Municipal Governments.

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407

SB 316. By Senators Fuqua of the 22nd, and Scott of the 23rd:
A bill creating a Board of Commissioners of Roads and Revenues for the County of Richmond, so as to provide the procedure of obtaining an accounting firm for the purpose of auditing county offices handling public funds; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 317. By Senators Coggin of the 35th, Brown of the 34th, Maclntyre of the 40th, Johnson of the 38th, Salome of the 36th, and Wesberry of the 37th:
A bill to amend an act entitled "An Act to incorporate the City of Hapeville, Georgia, and for other purposes", so as to provide a sewer tax for the City of Hapeville; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 318. By Senators Coggin of the 35th, Brown of the 34th, Maclntyre of the 40th, Johnson of the 38th, Salome of the 36th, and Wesberry of the 37th:
A bill to amend an act entitled "An Act to incorporate the City of Hapeville, Georgia, and for other purposes", relative to the retirement program for Hapeville city employees; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 319. By Senator Webb of the llth:
A bill providing for the creation of office of Judge of the Superior Courts Emeritus, so as to extend the time in which a judge, in order to be eligible to receive the benefits provided by said act, may begin making the contributions required by said act; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.

SB 320. By Senator Webb of the llth:
A bill relating to the manufacture, transportation and possession of certain intoxicating liquors, so as to declare certain raw materials and substances contraband; to provide for the seizure and destruction there of; to provide for delivery to public schools; and for other purposes.
Referred to Committee on Rules.

SB 321. By Senator Miller of the 50th:
A bill to prohibit certain educational institutions located within the State of Georgia from conferring honorary degrees; to provide for a penalty; to repeal conflicting laws; and for other purposes.
Referred to Committee on Educational Matters.

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JOURNAL OF THE SENATE,

HB 542. By Mr. Mackay of DeKalb:
A bill to define the legal status and non-liability of a fiduciary, (wheth er an executor, administrator, guardian or trustee), when obeying the exercise of fiduiciary powers in and by another co-fiduciary committee or person or persons to direct investments; and for other purposes.
Referred to Committee on Judiciary.

HB 827. By Messrs. Smith of Grady, Bolton of Spalding, Andrews of Stephens, and Underwood of Montgomery:
A bill to amend an act known as the "Statewide Probation Act", so as to change the compensation of the Assistant Director of Probation and the Field Supervisors; and for other purposes.
Referred to Committee on Penal and Correctional Affairs.

HB 850. By Mr. House of Bibb:
A bill to amend an act relating to the inspection and regulation of drugs, so as to grant certain police powers and authority to the Chief Drug Inspector and his assistants; and for other purposes.
Referred to Committee on Health and Welfare.

HB 871. By Mr. Smith of Camden:
A bill to amend an act revising, consolidating and superseding the laws relative to game and fish; so as to prohibit crab fishing in any part or portion of St. Andrews Sound with power-drawn nets during the closed season on shrimp; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 884. By Mr. Laite of Bibb:
A bill relating to licensing of dealers of firearms, so as to exclude gun collectors; and for other purposes.
Referred to Committee on Judiciary.

HB 912. By Mr. Brooks of Fulton:
A bill to amend an act so as to provide that no lease or contract for the conduction of businesses upon the premises of any airport shall be entered into unless it shall have been advertised and three competitive bids submitted; and for other purposes.
Referred to Committee on Judiciary.

TUESDAY, FEBRUARY 11, 1964

409

HB 926. By Mr. Wilkes of Cook:
A bill to amend an act creating a Small Claims Court in certain counties, so as to provide for the procedure for the appointment of a judge; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 930. By Messrs. Killian and Isenberg of Glynn:
A bill to amend an act known as the Georgia Ports Authority Act, so as to authorize the Governor on behalf of the State, to convey certain property to the Georgia Ports Authority; and for other purposes.
Referred to Committee on Judiciary.

HB 931. By Messrs. Lee, Busbee and Odom of Dougherty:
A bill to amend an act so as to provide that any husband who abandons his wife while she is pregnant shall be guilty of a misdemeanor; and for other purposes.
Referred to Committee on Judiciary.
HB 944. By Messrs. Causby of Gordon, Hale of Bade, Bowen of Dawson, Harris of DeKalb, Murphy of Haralson, Brown of Hart and many others:
A bill to confer upon each and every county of the State of Georgia the right to condemn private property and all rights therein for water shed projects.
Referred to Committee on Judiciary.
HB 957. By Mr. Andrews of Stephens: A bill to provide for the using of voting machines, for casting, regis tering, recording and computing ballots or votes in all elections in cluding primaries and municipal elections in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 976. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act providing for the method of giving notice of the letting of county contracts for public buildings or other public works in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 444. By Mr. Barber of Jackson:
A resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly shall have the power to provide by law

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JOURNAL OF THE SENATE,

the guarantee for payment of interest on loans made to students for higher education purposes; and for other purposes.
Referred to Committee on Rules.

HB 1026. By Messrs. Bolton of Spalding, Twitty of Mitchell, Groover of Bibb and others:
A bill to amend an act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act," as amended, so as to redefine the terms "sale at retail", "use", "storage", and "consumption"; to provide an effective date for this Act; to repeal conflicting laws; and for other purposes.
Referred to Committee on Appropriations.

The following bills and resolutions were read the second time:

SB 301. By Senator Kidd of the 25th:
A bill to provide that any physician having reasonable cause to suspect that any child under the age of 14 years brought to him for care has had physical injury inflicted upon him other than by accidental means by any person, shall report the same to police or the person in charge of the institution where such child is brought; and for other purposes.

SB 302. By Senator Moore of the 31st:
A bill to confer upon Polk County the right to condemn private property and all rights therein for the purpose of small watershed projects and for watershed protection and flood control; to repeal conflicting laws; and for other purposes.

SB 303. By Senator Moore of the 31st:
A bill establishing a new charter for the City of Cedartown so as to provide that the City of Cedartown shall not defray the expense of primary elections; to repeal conflicting laws; and for other purposes.

SB 304. By Senator Rowan of the 8th:
A bill revising the laws relating to game and fish, so as to exclude therefrom the owners of private ponds as relates to the use or disposal of any fish taken from said private ponds; to repeal conflicting laws; and for other purposes.

SB 306. By Senators Downing of the 1st, Coggin of the 35th:
A bill to provide that each employee in the State of Georgia shall be permitted by his employer to have any necessary time off to vote in

TUESDAY, FEBRUARY 11, 1964

411

primaries and elections for which such employee is qualified and regis tered to vote; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.

SB 307. By Senators Webb of the llth, and Carlton of the 21st:
A bill relating to physical education and training, so as to require phy sical education in all public schools; to provide for implementation; to repeal conflicting laws; and for other purposes.

SB 308. By Senator Maclntyre of the 40th:
A Bill to provide for the issuance by the State Revenue Commissioner of special license tags to motor vehicle owners who are members of the U. S. Coast Guard Auxiliary; to repeal conflicting laws; and for other purposes.

SB 309. By Senators Broun of the 46th, Owens of the 49th, Lee of the 47th, Knox of the 24th, and Smith of the 18th:
A bill relative to filing of annual financial reports by Cooperative Marketing Associations with the Secretary of State; to enact a new Code Section 65-221 requiring financial reports to be filed annually with the Commissioner of Agriculture; to repeal conflicting laws; and for other purposes.
SR 187. By Senator Rowan of the 8th:
A resolution proposing an amendment to the Constitution so as to pro vide for an additional member to the Board of Education of Berrien County; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.
SR 188. By Senator Smith of the 18th:
A resolution proposing an amendment to the Constitution so as to create the Warner Robins Development Authority; to provide for powers and authority of the Authority; to provide the procedure connected there with; to provide for the submission of this amendment for ratification or rejections; and for other purposes.
SR 189. By Senator Downing of the 1st:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide by law for the classification of personal property, which is temporarily consigned to a storage fa cility in this state while in transit there through, as a separate class of tangible property for ad valorem taxation purposes and to provide for its exemption therefrom; and for other purposes.

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JOURNAL OF THE SENATE,

SR 190. By Senator Smith of the 18th:
A resolution proposing an amendment to the Constitution so as to create the Houston County Development Authority; to provide for powers and authority of the Authority; to provide the procedure connected therewith; and for other purposes.

SR 191. By Senators Wesberry of the 37th, Conway of the 41st: A resolution proposing a Commission on Honesty in Government; and for other purposes.
SR 192. By Senators Kendrick of the 32nd, Yancey of the 33rd: A resolution authorizing the City of Austell to issue revenue anticipa tion obligations for the purpose of constructing, extending, operating and maintaining gas generating and distributing systems; and for other purposes.
HB 1007. By Mr. Fowler of Douglas: A bill to amend an act creating a new charter for the City of Douglasville and relating to the employ of a city manager; and for other purposes.
HR 417. By Messrs. Knight and Towson of Laurens: A resolution proposing an amendment to the Constitution so as to create the Dublin-Laurens School System by merging the independent school system of the City of Dublin and the county school system of Laurens County; and for other purposes.
HR 430. By Mr. Lee of Clinch: A resolution proposing an amendment to the Constitution so as to create the Clinch County Development Authority; and for other purposes.
HR 431. By Mr. Murphy of Haralson: A resolution proposing an amendment to the Constitution so as to create the Tallapoosa Development Authority; and for other purposes.
HR 432. By Messrs. Smith and Mitchell of Whitfield: A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Whitfield County to issue general obligation bonds for the purpose of establishing education facilities beyond the twelfth grade and to levy taxes for the payment of such bonds; and for other purposes.

TUESDAY, FEBRUARY 11, 1964

413

HR 434. By Messrs. Newton and Matthews of Colquitt:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Colquitt County by the people; and for other purposes.

HB 985. By Mr. Carr of Washington:
A bill to amend an act incorporating the City of Sandersville, so as to change the corporate limits of said city; and for other purposes.

HB 986. By Mr. Milford of Franklin:
A bill to reincorporate the City of Canon in the County of Franklin; and for other purposes.

HB 987. By Mr. McCracken of Jefferson:
A bill to amend an act creating the City Court of Louisville; and for other purposes.

HB 992. By Messrs. Newton and Matthews of Colquitt: A bill to amend the charter of the City of Moultrie; to define the corpo rate limits; and for other purposes.
HB 993. 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 provide for a change in the millage rate on all taxable property in the City of Moultrie; and for other purposes.
HB 994. By Mr. Wells of Oconee: A bill to amend an act reincorporating the Town of Watkinsville, so as to define the qualifications of the mayor and council; to change the tax return date; and for other purposes.
HB 1006. By Mr. Fowler of Douglas: A bill to amend an act creating a new charter for the City of Douglasville, so as to change the date on which the election for mayor and members of council shall be held; and for other purposes.
HB 959. By Mr. Rodgers of Charlton: A bill to consolidate the offices of tax receiver and tax collector of Charlton County into the office of tax commissioner; and for other purposes.

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JOURNAL OF THE SENATE,

HB 965. By Mr. Dorminy of Ben Hill:
A bill to amend an act relating to the charter for the City of Fitzgerald; and for other purposes.

HB 966. By Messrs. Lowrey and Jordan of Floyd:
A bill to require the Board of Commissioners of Roads and Revenues of Floyd County to conduct an annual audit of all financial records and books of Floyd County; and for other purposes.

HB 968. By Mr. Rainey of Crisp:
A bill to amend an act creating and establishing a new charter for the City of Cordele, so as to authorize the closing of a certain street; and for other purposes.

HB 982. By Mr. Meeks of Union: A bill to provide that any county official of Union County who handles public funds shall be required, authorized, empowered and directed to have all the books, files and records of their office audited by some certified public accountant licensed in the State of Georgia; and for other purposes.
HB 983. By Mr. McCracken of Jefferson: A bill establishing a new charter for the Town of Bartow, so as to change the hours for holding all elections; and for other purposes.
HB 900. By Messrs. McClelland, Brooks and Etheridge of Fulton: A bill to amend an act relating to rates to be allowed to publishers for publishing legal advertisements, so as to increase the rates to be allowed in certain counties; and for other purposes.
HB 918. By Mr. Williams of Hall: A bill authorizing Hall County and the governing authority of Hall County to provide for the construction, grading, paving, repairing, and maintenance of roads, streets, curbs, and sidewalks within any approved subdivision areas of said county whose plat is on record in the clerk's office of the Superior Court of Hall County; and for other purposes.
HB 946. By Messrs. Morgan and Story of Gwinnett: A bill to amend an act creating the Gwinnett Judicial Circuit, so as to provide for the attendance of the Grand Jury at the May and July terms of court, and at the November and January terms of court, in the discretion of the judge; and for other purposes.

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415

HB 953. By Mr. Shuman of Bryan:
A bill to amend an act changing the compensation of the sheriff, the deputy sheriff of the 20th GMD, the sheriff of the 19th and 1380th GMD, and the clerk of the Superior Court of Bryan County from the fee system to the salary system; and for other purposes.

HB 956. By Mr. Carr of Washington:
A bill to amend an act incorporating the City of Sandersville, so as to increase the compensation of the mayor, mayor-pro-tem, and aldermen of the City of Sandersville; and for other purposes.

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 266. Do Pass. SB 267. Do Pass. SB 298. Do Pass. HB 858. Do Pass. HB 805. Do Pass. HB 807. Do Pass. HB 809. Do Pass. HB 797. Do Pass, by Substitute.
Respectfully submitted, Smalley of 28th District, 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 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 167. Do Pass, by Substiute. SB 249. Do Pass, as Amended. HB 741. Do Pass, as amended.

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JOURNAL OF THE SENATE,

HB 787. Do Pass. HB 806. Do Pass. HB 909. Do Pass. HB 947. Do Pass, as Amended. HB 795. Do Pass.

Respectfully submitted, Fuqua of 22nd 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 921. Do Pass.

HB 922. Do Pass.

Respectfully submitted, Loggins of 53rd District, Chairman.

Mr. McKinnon of the 7th District, Secretary of the Committee on Highways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following bills and resolutions of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SB 290. Do Not Pass. SB 297. Do Pass. HB 894. Do Pass. HR 333. Do Pass. HR 352. Do Pass. HR 385. Do Pass

TUESDAY, FEBRUARY 11, 1964

417

HR 386. Do Pass. HR 388. Do Pass.
|

Respectfully submitted, McKinnon of 7th District, Secretary.

The following resolution was read and adopted:

SR 193. By Senator Byrd of the 17th:
A resolution requesting the Georgia Congressional Delegation to at tempt to have certain counties in Middle Georgia declared a disaster area; to attempt to obtain funds from the Federal Government to assist in reforestation and reclaiming of lost land in said area; and for other purposes.

Senator Kendrick of the 32nd asked unanimous consent that the following bill of the House be withdrawn from the Committee on Banking and Finance and recommitted to the Committee on Educational Matters:

HB 786. By Mr. Hale of Dade: A bill to amend an act relating to the expenditure of borrowed money; so as to change the method of expenditure of borrowed money; and for other purposes.
The consent was granted.
Senator Knox of the 24th asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Highways and recommitted to the Committee on Judiciary:

SB 285. By Senator Yancey of the 33rd:
A bill to provide for the liability of the owner of any motor vehicle who knowingly permits any motor vehicle owned by him to be operated upon the public highways, roads or streets of this State in the pro secution of the business of the owner or for the benefit of the owner; to repeal conflicting laws; and for other purposes.

The consent was granted.

i"

Senator Carter of the 14th asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Educational Matters and recommitted to the Committee on Rules:

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JOURNAL OF THE SENATE,

SB 283. By Senator Conway of the 41st:
A bill to create the Georgia Science Commission; to provide for the members thereof; to provide for terms, compensation, duties and powers; to provide for officers; to provide for personnel; to provide for com mittees; to provide for funds; to repeal conflicting laws; and for other purposes.

The consent was granted.

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

SB 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
' purposes.
The Committee on Banking and Finance offered the following substiutte:
A BILL
To provide for additional investments for municipalities, counties, school districts, and other local governmental units; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The governing body of a municipality, county, school district, or other local governmental unit or political subdiivsion, in addition to all other legal investments, may invest and reinvest money subject to its control and jurisdiction in:
(a) Obligations of the United States and of its agencies and in strumentalities;
(b) Bonds or certificates of indebtedness of this state and of its agencies and instrumentalities;
Provided, however, that the provisions of this Act shall not impair the power of a municipality, county, school district or other local gov ernmental unit or political subdivision to hold funds in deposit accounts with banking institutions as otherwise authorized by law.
Section 2. The governing body may delegate the investment au thority provided by Section 1 of this Act to the treasurer or other

TUESDAY, FEBRUARY 11, 1964

419

financial officer charged with custody of the funds of the local govern ment, who shall thereafter assume full responsibility for such invest ment transactions until the delegation of authority terminates or is revoked.

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 28, 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 31, nays 0.

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

HB 921. By Mr. Williams of Hall:
A bill to amend an act relative to motor vehicles, so as to provide for a new weight classification and for the payment of an increase of $100.00 in the annual registration fee for operating motor vehicles under such classification; and for other purposes.

The Committee on Public Utilities and Transportation offered the following amendment:
Amend HB 921 by striking from the title the words "so as to pro vide for a new weight classification and for the payment of an increase of $100.00 in the annual registration fee for operating motor vehicles under such classification.", and inserting in lieu thereof the words "so as to provide for a new weight classification for private trucks and for the payment of an increase of $100.00 in the annual registration fee for: operating motor vehicles under such classification and also to provide for a new weight classification for trucks used as common or contract carriers and for the payment of an increase of $150.00 in the annual registration fee for operating motor vehicles under such classification."

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.

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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.

Senator Loggins of the 53rd asked unanimous consent that HB 922 be im mediately transmitted to the House.

The consent was granted.

HB 922. By Mr. Williams of Hall:
A bill to amend an act governing and regulating the use of the public roads and highways of this State, so as to change the maximum weight and length limitations on combinations of vehicles, for the purpose of legalizing the increased limitations which are now authorized by special permits; and for other purposes.

The Committee on Public Utilities and Transportation offered the following amendment:
Amend HB 922 by striking from quoted paragraph (a) of Section 1 of said bill the following, "for occasional movements of materials or objects of dimensions which exceed the limits herein provided, a special permit shall be required as now provided by law;", and inserting in lieu thereof the following "single trip movements for necessary purposes of materials, objects or vehicles of dimensions which exceed the limits herein provided and which are of such nature that they cannot be readily dismantled or separated may be permitted but only upon the issuance of a special permit for such purposes;", for a fee not to exceed one dollar ($1.00).

On the adoption of the amendment, the ayes were 31, nays 0, and the amendment was adopted.
Senator Knox of the 24th offered the following amendment:
Amend HB 922 by adding in the Title before the words "to repeal conflicting laws", the words "to provide for exceptions".
By adding at the end of Section 1 the following:
"Provided further, however, that any vehicle, on which State and county ad valorem taxes have been paid, of a contractor who has a contract with the State Highway Department for the con-

TUESDAY, FEBRUARY 11, 1964

421

struction or maintenance of a road or highway may exceed the weight and length limits provided in this Section when used in connection with such contract, without the necessity of obtaining a special permit herein required."

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 as amended.

On the passage of the bill, the ayes were 42, nays 1.

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

Senator Loggins of the 53rd asked unanimous consent that HB 922 be im mediately transmitted to the House.

The consent was granted.
HB 947. By Messrs. Conner of Jeff Davis, Mackay of DeKalb, Payton of Coweta, Jones of Worth, Pafford of Lanier, Ware of Troup and others:
A bill to amend an act known as the Georgia Insurance Code of 1960, relating to fees and taxes imposed on insurance companies so as to provide a uniform policy in this State in the exercise of the powers of municipal corporations and other political subdivisions to tax life insurance companies; and for other purposes.

The Committee on Banking and Finance offered the following amendment:
Amend HB 947, Section 2 (which amends Chapter 56-13 of the Code of Georgia by adding a new Section 56-1310) by striking from subparagraph (2) (a) of said Section 56-1310 all after the schedule of license fees therein contained and by adding the following:
". . . and an additional annual license fee in the same amount for each separate business location in excess of one operated and maintained by such company within the same municipality."
so that when so amended, subparagraph (2) (a) of said Section 56-1310 will read as follows:
"(a) An annual license fee on each life insurance company doing business within the municipal corporate limits not to exceed the following schedule:

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JOURNAL OF THE SENATE,

POPULATION OF MUNICIPAL CORPORATION
Under 1000 1000 - 1999 2000 - 4999 5000 - 9999 10,000-24,999 25,000 - 49,999 50,000 and over

AMOUNT
$ 15.00 25.00 40.00 50.00 75.00 100.00 150.00

and an additional annual license fee in the same amount for each separate business location in excess of one operated and maintained by such company within the same municipality."

On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment was adopted.

The Committee on Banking and Finance offered the following amendment:
Amend Section 2 of House Bill 947 (which amends Chapter 56-13 of the Code of Georgia by adding a new Section 56-1310) by adding a new subsection to be numbered (5) which shall read as follows:
"(5) Life insurance agencies which are company maintained and operated may not be separately taxed and licensed by munici pal corporations except under the provisions of this section, but nothing herein contained shall prevent municipal corporations from separately imposing and collecting business licenses from inde pendent insurance agencies or brokers doing a life insurance busi ness not otherwise taxed hereunder; but no such license may be imposed on such independent agents or brokers which is measured by the premiums of life insurance companies."

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 36, nays 0.

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

Senator Byrd of the 17th asked unanimous consent that HB 947 be immedi ately transmitted to the House.

The consent was granted.

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423

SB 249. By Senators Pennington of the 45th and Fuqua of the 22nd:
A bill to amend an act known as the "Stone Mountain Memorial Asso ciation Act", approved February 21, 1958, (Ga. L. 1958, p. 61), as amended, so as to redefine the term "bonds" or "revenue bonds"; to repeal conflicting laws; and for other purposes.

The Committee on Banking and Finance offered the following amendment:
Amend SB 249 by striking in the title after the word "to" and be fore the words "the limitation" the word "remove" and inserting in lieu thereof the word "increase".
By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. Said Act is further amended by striking from Section 10 the words and figures "five million ($5,000,000) dol lars", and inserting in lieu thereof the following words and figures "fifteen million ($15,000,000) dollars", so that when so amended Section 10 shall read as follows:
"Section 10. The Association shall have power and is au thorized at one time, or from time to time, to issue negotiable bonds in a sum not to exceed fifteen million ($15,000,000) dollars in principal amount outstanding at any one time, for the purpose of paying all or any part of the cost of the project, including the acquisition of the property authorized by subsection (b) of section 5 of this Act to be acquired by the Association in the event funds for such acquisition do not become available under section 7 of this Act; and to adopt all necessary and appropriate resolutions to provide for the issuance of such negotiable bonds."

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 31, nays 0.

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

Senator Johnson of the 42nd asked unanimous consent that SB 249 be immediately transmitted to the House.

The consent was granted.

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Senator Brown of the 34th asked unanimous consent that the following bill
of the House be recommitted to the Committee on County and Municipal Gov ernments :

HB 851. By Mr. Bowen of Randolph:
A bill to vest in the tax commissioners of counties of a certain popula tion the powers of sheriff collecting fi fas issued; and for other purposes.

The consent was granted.

SB 271. By Senators Webb of the llth, Hall of the 52nd and Lee of the 47th:
A bill to amend an act approved March 7, 1960, (Ga. Laws 1960, p. 769), so as to provide for hospital care for persons confined to jail when found to be afflicted with tuberculosis; to repeal conflicting laws; and for other purposes.

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

On the passage of the bill, the ayes were 32, nays 0.

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

SB 297. By Senators Spinks of the 9th and Smith of the 18th:
A bill to amend an act creating a Department of Public Safety so as to increase the salary of radio operators and license examiners of the Department of Public Safety; to repeal conflicting laws; and for other purposes.

Senator Carlton of the 21st asked unanimous consent that SB 297 be post poned until February 12, 1964.

The consent was granted.

SR 170. By Senator Kidd of the 25th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize county boards of education to expend educational funds for the purpose of providing Workmen's Compensation; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

TUESDAY, FEBRUARY 11, 1964

425

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"County boards of education are hereby authorized and di rected to provide for Workmen's Compensation for school personnel and to pay for the same rom educational funds."

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 authorize county boards of education to expend educational funds for the purpose of providing Workmen's Compensation.

"Against ratification of amendment to the Constitution so as to authorize county boards of education to expend educational funds for the purpose of providing Workmen's Compensation."

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.

Senator Kendrick of the 32nd offered the following amendment:
Amend SR 170 by striking from Section 1 thereof the following:
"County boards of education are hereby authorized and di rected to provide for Workmen's Compensation for school personnel and to pay for the same from educational funds."
and inserting in lieu thereof the following:
"County boards of education are hereby authorized and di-

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rected to provide for Workmen's Compensation for school personnel, except teachers, and to pay for the same from educational funds."

On the adoption of the amendment, the ayes were 32, nays 2, and the amendment was adopted.

Senator Carter of the 14th offered the following amendment:
Amend SR 170 by deleting from section 1 the words "and di rected" so that the affected sentence will read as follows: "County boards of education are hereby authorized to provide for Workmen's Compensation for school personnel and to pay for the same from edu cational funds."

On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.

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

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:

Brown of 34th Byrd Coggin Conway Downing Ellis Fincher Fuqua Hall Harrison Heard Holloway Hunt Johnson of 42nd

Johnson of 38th Kendrick Kidd Knox Lee Loggins Maclntyre McKinnon McWhorter Noble Oliver Pennington Phillips Rowan

Salome Scott Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

Those voting in the negative were Senators:

Carter

Moore

Plunkett

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

On the adoption of the resolution, the ayes were 40, nays 3.

TUESDAY, FEBRUARY 11, 1964

427

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

HB 741. 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 Hospital Authority Act", so as to remove the limitation upon the amount of bonds the authority may issue; and for other purposes.

The Committee on Banking and Finance offered the following amendment:
Amend HB 741 in the title, immediately preceding the clause "to repeal conflicting laws;" add the words "and to extend the maximum maturity date from thirty years to forty years".
In Section 1, immediately preceding the clause "so that when so amended Section 5 shall read as follows", add the words "and also by striking from Section 5 the following: 'shall mature at such time or times not exceeding thirty years from their date or dates' and sub stituting in lieu thereof the following: 'shall mature at such time or times not exceeding forty years from their date or dates'."
So that the title of said H. B. No. 741 and that portion of Section 1 which describes the amendments to be made read as follows:
"To be entitled an Act to amend an Act known as the 'State Hospital Authority Act', approved February 1, 1939 (Ga. Laws 1939, p. 144), as amended and recreated by an Act approved Feb ruary 6, 1941 (Ga. Laws 1941, p. 250), and an Act approved Janu ary 30, 1946 (Ga. Laws 1946, p. 56), an Act approved February 1, 1951 (Ga. Laws 1951, p. 22), and an Act approved January 28, 1960 (Ga. Laws 1960, p. 48), to increase the amount of bonds the authority may issue to a sum not to exceed the total sum of thirty five million dollars and to extend the maximum maturity date from thirty years to forty years; to repeal conflicting laws; and for other purposes.
"BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
"SECTION I
"An Act known as the 'State Hospital Authority Act', approved February 1, 1939 (Ga. Laws 1939, p. 144), as amended and re created by an Act approved February 6, 1941 (Ga. Laws 1941, p. 250), and an Act approved January 30, 1946 (Ga. Laws 1946, p. 56), an Act approved February 1, 1951 (Ga. Laws 1951, p. 22), and an Act approved January 28, 1960 (Ga. Laws 1960, p. 48), is here by amended by striking from Section 5 the following: 'in a sum not to exceed the total sum of twenty million dollars', and sub stituting in lieu thereof the following: 'in a sum not to exceed

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the total sum of thirty five million dollars', and also by striking from Section 5 the following: 'shall mature at such time or times not exceeding thirty years from their date or dates' and substitut ing in lieu thereof the following: 'shall mature at such time or times not exceeding forty years from their date or dates', so that when so amended Section 5 shall read as follows:"

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.
SB 266. By Senators Harrison of the 48th and Puqua of the 22nd: A bill to amend code section 24-2901 relating to qualifications of persons eligible to hold the office of solicitor general so as to provide that any such person must be a member in good standing of the State Bar 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 37, nays 0.

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

Senator Harrison of the 48th asked unanimous consent that SB 266 be immediately transmitted to the House.

The consent was granted.

SB 267. By Senators Harrison of the 48th and Fuqua of the 22nd:
A bill to amend Code section 24-2603 relating to the eligibility of per sons to be judges of the superior courts so as to provide that any such person must be a member in good standing of the State Bar 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.

TUESDAY, FEBRUARY 11, 1964

429

On the passage of the bill, the ayes were 32, nays 1.

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

Senator Harrison of the 48th asked unanimous consent that SB 267 be immediately transmitted to the House.

The consent was granted.

HE 184. By Mr. Underwood of Montgomery:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly may authorize the governing authorities of the counties of this State to assess and collect license fees and taxes upon businesses located in the county outside the limits of any incorporated municipality; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The General Assembly may, by law, authorize the governing authorities of all the counties of this State to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place or places of business in any area of said counties outside the incorporated limits of the municipalities there in; to license and regulate taxicabs and cabs for hire in such un incorporated areas of said counties; to classify businesses and busi ness enterprises which are not subject to regulation by the Public Service Commission, and to assess different license fees and taxes against different classes of businesses; to license all businesses and business enterprises in such areas in the interest and welfare of the citizens of said counties, and to prescribe rules and regulations concerning the same. Such law may provide that the violation of any license regulation adopted by the governing authority or the failure to pay any license fee or tax prescribed for any business, shall constitute a misdemeanor which upon conviction shall be punishable as for a misdemeanor."
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

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two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to provide that the General Assembly may authorize the governing authorities of the counties of this State to assess and collect license fees and taxes upon businesses located in the county outside the limits of any incorporated municipality.

"Against ratification of amendment to the Constitution so as to provide that the General Assembly may authorize the governing authorities of the counties of this State to assess and collect license fees and taxes upon businesses located in the county outside the limits of any incorporated municipality."

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 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 Committee on Rules offered the following substitute:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly may authorize the governing authorities of the counties of this State to assess and collect license fees and taxes upon businesses located in the county outside the limits of any incorporated municipality; to provide for the submission of this amendment for rati fication or rejection and for other purposes:
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section IV, Paragraph I of the Constitu tion is hereby amended by adding at the end thereof the following:
"The General Assembly may, by law, authorize the governing authorities of all the counties of this State to assess and collect

TUESDAY, FEBRUARY 11, 1964

431

license fees and taxes from all persons, firms and corporations maintaining a place or places of business in any area of said coun ties outside the incorporated limits of the municipalities therein; to license and regulate taxicabs and cabs for hire in such unin corporated areas of said counties; to classify businesses and busi ness enterprises, and to assess different license fees and taxes against different classes of businesses; to license all businesses and business enterprises in such areas in the interest and welfare of the citizens of said counties, and to prescribe rules and regulations concerning the same, excepting from the application of these pro visions only those businesses which are subject to regulation by the State Public Service Commission. Such law may provide that the violation of any license regulation adopted by the governing authority or the failure to pay any license fee or tax prescribed for any business, shall constitute a misdemeanor which upon con viction shall be punishable as for a misdemeanor."

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 subbmitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide that the General Assembly may authorize the governing authorities of the counties of this State to assess and collect license fees and taxes upon businesses located in the county outside the limits of any incorporated municipality.
"Against ratification of amendment to the Constitution so as to provide that the General Assembly may authorize the governing authorities of the counties of this State to assess and collect license fees and taxes upon businesses located in the county outside the limits of any incorporated municipality."
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 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.

On the adoption of the substitute, the ayes were 40, nays 0, and the sub stitute was adopted.

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The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

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

Those voting in the affirmative were Senators:

Brown of 34th Byrd Carlton Carter Coggin Conway Downing Ellis Fincher Fuqua Gillis Hall Heard Holloway

Hunt Johnson of 38th Kidd Knox Lee Loggins Maclntyre Miller Moore McKinnon McWhorter Noble Owens Phillips

Plunkett Salome Searcey Smalley Spinks Thomas Tribble Webb Wesberry Yancey Young Zorn

Voting in the negative was Senator Oliver.

By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 40, nays 1.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted by substitute.
SR 143. By Senators Webb of the llth, Carlton of the 21st and Jackson of the 16th: A RESOLUTION
Proposing an amendment to the Constitution of Georgia so as to change provisions relating to county taxation for education; to pro vide for taxation for education by counties in area school districts in accordance with general or local law; to provide for increasing or re moving school tax millage limitations and for referendum thereon; to authorize county and area school districts to increase tax rate in order to obtain available State educational funds; to provide for the submis sion of this amendment for ratification or rejection; and for other purposes.

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433

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Paragraph I of Section XII of Article VIII of the Con stitution of Georgia, as amended, is hereby amended by striking said Paragraph I in its entirety and inserting in lieu thereof new Para graphs I, II and III to read as follows:

"Paragraph 1. County Taxation for Education. The fiscal author ity of each county shall annually levy a school tax for the support and maintenance of education, not greater than twenty mills, as certified to it by the County Board of Education. Such county school tax shall be levied upon the dollar value of all taxable prop erty within the county, exclusive of any independent school system therein. The certification to be made by an Area Board of Educa tion to the fiscal authorities of the counties comprising an area school district shall be in such amount and within such limits as may be prescribed by general or local law applicable thereto, and upon such certification being made, it shall be the duty of the fiscal authorities of such counties to levy such tax or furnish such funds, as the case may be, in accordance with such certification.
"Paragraph 2. Increasing or Removing Tax Rate. The millage limitation provided in Paragraph 1 may be increased or removed by action of the County Board of Education, but only after such action has been approved by a majority of the qualified voters vot ing in a referendum held thereon in the school district to be effected, in the manner prescribed by law. The millage or other limitation prescribed by any general or local law applicable to any area school district may likewise be increased or removed by action of the Area Board of Education, but only after such action has been approved by a majority of the qualified voters voting in a refer endum held thereon in the araa school district to be affected, in the manner prescribed by law.
"Paragraph 3. Increasing Tax Rate in Order to Receive Avail able State Funds. If the maximum millage levy which can be certi fied to the appropriate fiscal authority or authorities by a county or area board of education under provisions of Paragraphs 1 or 2 of this section, or under provisions of any general or local law applicable to area school districts, shall not be sufficient to pro duce, in addition to funds needed for other local school purposes, the amount of school funds which the county or area school district may be required by law to raise in order to receive allotment of State educational funds available for support, maintenance or im provement of education in the county or area school district, the board of education of the county or area school district shall, not withstanding the limitations contained in Paragraphs 1 or 2 of this section, or as may be contained in general or local law applicable to area school districts, be authorized to certify to the appropriate fiscal authority or authorities a millage levy that will be sufficient to produce the amount of school funds needed in order to receive allotment of available State educational funds, and upon such certification being made, it shall be the duty of the fiscal authority or authorities of the county or counties, as the case may be, to

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levy such tax or furnish such funds, as the case may be, in accord ance with such certification."

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 providing for local taxation in support and maintenance of education and for increasing or removing tax rates under certain circumstances."

"Against ratification of amendment to the Constitution pro viding for local taxation in support and maintenance of education and for increasing or removing tax rates under certain circum stances."

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 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:

Brown of 34th Byrd Carlton Carter Conway Downing

Ellis Fincher Fuqua Gillis Harrison Heard

Holloway Hunt Kidd Knox Lee Loggins

TUESDAY, FEBRUARY 11, 1964

435

Maclntyre Miller Moore McKinnon McWhorter Noble Oliver Owens

Phillips Plunkett Rowan Salome Scott Searcey Smalley Smith

Spinks Thomas 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 bill, having received the requisite constitutional two-thirds majority, was adopted.

Senator Webb of the llth asked unanimous consent that SR 143 be immedi ately transmitted to the House.

The consent was granted.

SB 305. By Senator Miller of the 50th:
A bill to amend an act creating the North Georgia Mountains Commis sion, (Act No. 305, Ga. L. 1963, p. 357), by granting to the Commission certain additional powers and authority including the power and author ity to issue revenue bonds; to repeal conflicting laws; and for other purposes.
The Committee on Rules offered the following amendment:
Amend SB 305 by striking subsection (d) of section 6(a), which section is quoted in section 1 of said bill, and substituting in lieu thereof a new subsection (d) to read as follows:
"(d) The power and authority to issue revenue bonds which may be sold only to the United States, an agency or subdivision thereof, or to the State of Georgia, an agency or subdivision thereof. Such bonds shall be issued pursuant to the provisions of Section 6(b) hereof."

On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment was adopted.

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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 787. By Messrs. Payton of Coweta, Mackay of DeKalb and Dicus of Muscogee:
A bill to amend an act relating to the application for renewal of a bank charter, so as to change the amount of capital stock which must be voted in order to authorize an application for renewal of a bank charter; and for other purposes.

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

On the passage of the bill, the ayes were 29, nays 0.

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

HB 938. By Messrs. Twitty of Mitchell and Fulford of Terrell:
A bill to amend an act creating the Department of Commerce (now the Department of Industry and Trade), so as to authorize the purchase of passenger carrying equipment for purposes of economic and industrial development; and for other purposes.

The report 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 894. By Messrs. Brooks, McClelland and Etheridge of Fulton:
A bill to amend an act known as the "Motor Vehicle Certificate of Title Act" so as to require vehicles registered in this State to have certificates of title; to provide a definition of boat trailers; and for other purposes.

TUESDAY, FEBRUARY 11, 1964

437

The report 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 795. By Messrs. Harris of DeKalb, Coker of Cherokee, Hull and Bell of Richmond, Richardson of Chatham, Fowler of Douglas and Mackay of DeKalb:
A bill to amend an act relative to State Building and Loan Associations and Federal Savings and Loan Associations, so as to provide that fiduciaries, public officials and others are authorized to invest funds in said 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 33, nays 0.

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

HB 909. By Messrs. Busbee of Dougherty and Bolton of Spalding: A bill to amend an act providing for additional points for certain ap plicants taking examinations given by any examining board or commis sion whose records are maintained by the Joint-Secretary, State Examin ing Boards, so as to provide that the additional points shall not be available to those applicants taking examinations under State Board of Accountancy; and for other purposes.
The report 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 806. By Mr. Mackay of DeKalb: A bill to amend an act to authorize the establishment and the mainte nance of common trust funds, so as to strike, remove and delete that

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JOURNAL OF THE SENATE,

portion of said act relating to the maximum amount of monies of any one estate which shall be invested in one or more common trust funds; and for other purposes.

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

On the passage of the bill, the ayes were 32, nays 0.

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

HE 333. By Senators Smith of Grady, Rutland of DeKalb, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens: A resolution to designate "The Jim L. Gillis, 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 28, nays 0.

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

HR 352. By Mr. Warren of Wayne:
A resolution to designate the "J. Alvin Leaphart Sr., Memorial 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 28, nays 0.

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

HR 385. By Mr. Kelly of Jasper:
A resolution to designate the "Hugh C. Tucker Sr. Bridge"; and for other purposes.

TUESDAY, FEBRUARY 11, 1964

439

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

On the adoption of the resolution, the ayes were 28, nays 0.

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

HR 386. By Mr. Kelly of Jasper:
A resolution to designate the "0. H. Banks 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 28, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 388. By Mr. Kelly of Jasper: A resolution to designate the "E. Clyde Kelly 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 28, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HB 858. By Mr. Scarborough of Crawford: A bill to amend an act relating to the registration of title to lands, so as to provide that the clerk of the superior court shall furnish any defendant with a copy of the petition if so requested; and for other purposes.

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JOURNAL OF THE SENATE,

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

On the passage of the bill, the ayes were 33, nays 0.

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

HB 807. By Mr. Mackay of DeKalb:
A bill to amend Code section 108-315 relating to the appointment of new trustees by the superior courts so as to provide that appointments of new trustees may be made upon the petition of the old party at interest; and for other purposes.

The report 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 805. By Mr. Mackay of DeKalb:
A bill to amend Code Chapter 113-23, so as to provide for the discharge of executors of last wills and testaments of deceased persons who are relieved by such wills of the duty of making returns to the ordinaries of the counties in which such wills were probated; and for other purposes.

The report 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 809. By Mr. Mackay of DeKalb:
A bill to provide for common agency funds; to prescribe the rights of participants in such common agency funds; to authorize trust institu tions as defined to establish common agency funds; and for other purposes.

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441

The report 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 797. By Messrs. Smith of Grady and Bolton of Spalding:
A bill to amend an act known as the "Uniform Commercial Code", so as to provide that the negotiability of a security shall be determined by the law of the jurisdiction of organization of the issuer; and for other purposes.

The Committee on Judiciary offered the following substitute:

A BILL
To amend Georgia Code Title 109A known as the Uniform Com mercial Code (Ga. Laws 1962, p. 156), as amended (Ga. Laws 1963, p. 188) as follows: To exempt from the filing provisions of Article 9 of the Uniform Commercial Code security interests in property of rail road, electric, gas and other public utility corporations; to provide with respect to securities issued by any municipal corporation, county or other political subdivision, authority or other similar public corpora tion, governmental agency or unit of this state that their negotiability shall be determined by the law of this state, that 104, 202(1), 202(2), 203, 305 and 405 of Article 8 of the Uniform Commercial Code relating to over-issue, lost securities, validity and staleness shall not apply to them, and that Article 9 of the Uniform Commercial Code shall not apply to any security interests created by them; to amend 402 and 403 of Article 9 of the Uniform Commercial Code to provide for the separate indexing on the real estate records of security interests re lating to fixtures and for such indexing to be in the name of the record owner or lessee of the land where so indicated; to correct a typographi cal error in 307(2) of Article 9 of the Uniform Commercial Code, and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Section 302 of Article 9 of Code Title 109A, known as the Uniform Commercial Code (Ga. Laws 1962, p. 156) as amended (Ga. L. 1963, p. 188) relating to the filing provisions of said Article, is hereby amended by substituting "; or" for the period at the end of

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subsection (3) (b) thereof, and by adding a new subsection (3) (c) to read as follows:

"(c) of this state which specifically provides for the recording of mortgages, deeds to secure debt, indentures, deeds of trust or other security agreements relating to property of railroad, electric, gas or other public utility corporations or of any receivers, trustees or other legally appointed officers in possession of or operating any such corporations."

Section 2. Section 106 of Article 8 of Code Title 109A, known as the Uniform Commercial Code (Ga. Laws 1962, p. 156) as amended (Ga. Laws 1963, p. 188) relating to the validity of investment securities and applicability of said Article, is hereby amended by adding thereto the following:
"With respect to securities issued by a municipal corporation, county or other political subdivision, authority or other similar public corporation, governmental agency or unit of this state, the negotiability thereof is governed by the law (including conflict of laws rules) of this state; the provisions of the following sections of this Article shall not apply: Section 109A-8-104, Section 109A8-202(1) and (2), Section 109A-8-203, Section 109A-8-305 and Sec tion 109A-8-405, and the validity of any security issued by any such issuer and all rights arising in connection with any such issuance shall continue to be determined by the provisions for the validation of bonds by counties, municipalities or other political subdivisions in Code Chapter 87-3 and with respect to revenue obli gations issued by any municipal corporation, county or other politi cal subdivision, authority, governmental agency, unit or other public corporation of this State shall be determined by the provisions for validation in the Revenue Bond Law of the State of Georgia (Ga. Laws 1937, p. 761), as amended."

Section 3. Section 104 of Article 9 of Code Title 109A, known as the Uniform Commercial Code (Ga. Laws 1962, p. 156) as amended (Ga. Laws 1963, p. 188) relating to transactions excluded from said Article, is hereby amended by adding a new subsection (j) to read as follows:
"(j) To any security interest created in connection with any of its securities by a municipal corporation, county or other political subdivision, authority or other similar public corporation, govern mental agency or unit of this State, including but not limited to, revenue obligations of any kind or type."

Section 4. Section 402 of Article 9 of Code Title 109A, known as the Uniform Commercial Code (Ga. Laws 1962, p. 156) as amended (Ga. Laws 1963, p. 188) relating to formal requirements of financing statements is hereby amended by striking the third sentence of sub-

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443

section (1) thereof and substituting in its place the following sentence: "When the financing statement covers crops growing or to be grown or goods which are, are to, or thereafter become fixtures, the statement must also contain a description of the real estate concerned and the name of the record owner or record lessee thereof.", so that when so amended subsection (1) of said section 402 shall read as follows:

"(1) A financing statement is sufficient if it is signed by the debtor and the secured party, gives an address of the secured party from which information concerning the security interest may be obtained, gives a mailing address of the debtor and contains a statement indicating the types, or describing the items, of collateral. A financing statement may be filed before a security agreement is made or a security interest otherwise attaches. When the fi nancing statement covers crops growing or to be grown or goods which are, are to, or thereafter become fixtures, the statement must also contain a description of the real estate concerned and the name of the record owner or record lessee thereof. A copy of the security agreement is sufficient as a financing statement if it contains the above information and is signed by both parties."

Section 5. Section 402 of Article 9 of Code Title 109A, known as the Uniform Commercial Code (Ga. Laws 1962, p. 156) as amended (Ga. Laws 1963, p. 188) is hereby further amended by adding to numbered paragraphs 2. and 3. of the form described in subsection (3) of said section, the following additional parenthetical instructions: "(Name the Record Owner or Record Lessee of Said Real Estate) . . . .", so that when so amended Subsection (3) of said section shall read as follows:
"(3) A form substantially as follows is sufficient to comply with subsection (1) ;
"Name of debtor (or assignor) .._..._....__....................,,...,,...............
"Address ._._.....--.. .-_-...---.-----,,---.-
"Name of secured party (or assignee) _,,_________________.__________,,__________
"Address _._.,,_.__ --,,.._.,,--......... ________________._.................._..._................
"1. This financing statement covers the following types (or items) of property:
"(Describe) .._-........................-.-...........-...-...-._....-.,,.............._-_,,-_..,,
"2. (If collateral is crops) The above described crops are growing or are to be grown on:
"(Describe Real Estate) ....,,,,.__.............,,._._.._.-.......,,...._..,,_._.____._..

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"(Name the Record Owner or Record Lessee of Said Real Estate) ._.._.____--_.._._________.__-___-_____._.__

"3. (If collateral is goods which are or are to become fixtures) The above described goods are affixed or to be affixed to:

" (Describe Real Estate)_______-___-..-______--____.__._______._

"(Name the Record Owner or Record Lessee of Said Real Estate) _--.____----________________...____.__..._.__.

"4. (If proceeds or products of collateral are claimed) Pro ceeds--Products of the collateral are also covered.

"Signature of Debtor (or Assignor) _________._.__..__._________

"Signature of Secured Party (or Assignee) ,,_________--____._"

Section 6. Section 403 of Article 9 of Code Title 109A, known as the Uniform Commercial Code (Ga. Laws 1962, p. 156) as amended (Ga. Laws 1963, p. 188) relating to filing of financing statements is hereby amended by adding to subsection (4) thereof the following sentence: "In addition to the indexing required in the previous sentence, statements covering crops growing or to be grown or goods which are, are to or thereafter become fixtures shall also be indexed in the real estate mortgage records by the filing officer according to the name of the owner or lessee given in the statement.", so that when so amended subsection (4) of said Section 403 shall read as follows:
"(4) A filing officer shall mark each statement with a consecu tive file number and with the date and hour of filing and shall hold the statement for public inspection. In addition the filing officer shall index the statements according to the name of the debtor and shall note in the index the file number and the address of the debtor given in the statement. In addition to the indexing required in the previous sentence, statements covering crops growing or to be grown or goods which are, are to or thereafter become fixtures shall also be indexed in the real estate mortgage records by the filing officer according to the name of the owner or lessee given in the statement."

Section 7. Section 307 of Article 9 of Code Title 109A, known as the Uniform Commercial Code (Ga. Laws 1962, p. 156) as amended (Ga. Laws 1963, p. 188) is hereby amended by substituting in subsection (2) thereof for the fifth to last word "financial", the word "financing", so that when so amended subsection (2) of said section 307 shall read as follows:
"(2) In the case of consumer goods and in the case of farm equipment having an original purchase price not in excess of $2500

TUESDAY, FEBRUARY 11, 1964

445

(other than fixtures, see 109A-9-313), a buyer takes free of a security interest even though perfected if he buys without knowledge of the security interest, for value and for his own personal, family or household purposes or his own farming operations unless prior to the purchase the secured party has filed a financing statement covering such goods."

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 29, 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 32, nays 0.

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

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 225.
SB 249.
SB 254.
SB 266.
SB 267.
SB 272.
SB 274.

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SB 283. SR 169. SR 172.

JOURNAL OP THE SENATE,
Respectfully submitted, Pelham of 10th District, Chairman.

SB 298. By Senator Phillips of the 27th:
A bill to amend Code Chapter 27-9, relating to the bail of persons charged with criminal offenses, so as to provide that the sheriff shall refuse to accept a bond only upon certain conditions; to provide for the right of hearings before the grand jury; to repeal conflicting laws; and for other purposes.

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

On the passage of the bill, the ayes were 28, nays 0.

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

Senator Carlton of the 21st 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.

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447

Senate Chamber, Atlanta, Georgia, Wednesday, February 12, 1964.

The Senate met pursuant to adjournment at 10:30 this morning, and was called to order by the president.

Scripture reading was offered by the Reverend Dick Flynn, pastor, First Presbyterian Church, Carrollton, Georgia.

Prayer was offered by the Reverend George Hulsey, pastor, Cascade Baptist Church, Atlanta, Georgia.

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

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
Pelham

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

The call of the roll was verified.

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 Carlton of the 21st 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.

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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 & Senate to-wit:

HR 127. By Mr. Lindsey of Wilkes: A resolution compensating Oley F. Cleveland; and for other purposes.

HR 202. By Mr. Mackay of DeKalb: A resolution compensating Cyrus W. Horton IV; and for other purposes.

HR 157. By Messrs. Mackay of DeKalb and Roberts of Jones:
A resolution compensating Bonnie J. Cranford and her husband James U. Cranford; and for other purposes.

HR 377. By Mr. Lee of Clinch: A resolution compensating Clinch County; and for other purposes.

HR 60. By Mr. Fleming of Richmond: A resolution compensating J. F. Fatten; and for other purposes.

HR 79. By Mr. Clarke of Monroe: A resolution compensating E. W. Banks; and for other purposes.

HR 80. By Mr. Wilson of Cobb:

A resolution compensating C. W. Clarke; and for other purposes.

;

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449

HR 178. By Mr. Bowen of Toombs:
A resolution to compensate William C. Somers, Jr.; and for other pur poses.

HR 256. By Mr. Houston of Pierce:
A resolution to compensate the Nimmer Chevrolet Co.; and for other purposes.

HR 326. By Mr. Bynum of Rabun: A resolution compensating Mr. James M. Houck; and for other purposes.

HR 332. By Mr. Hall of Lee: A resolution compensating Homer C. Aired; and for other purposes.

HR 341. By Mr. Hurst of Quitman: A resolution compensating J. D. Holmes; and for other purposes.

HR 348. By Messrs. Bynum of Rabun and Cullens of Bartow: A resolution compensating Alfred Buren Parker; and for other purposes.

HR 357. By Messrs. Caldwell and Echols of Upson:
A resolution to compensate Mrs. Katherine Landers Jones; and for other purposes.

HR 375. By Mr. Ployd of Chattooga: A resolution compensating Mr. A. A. Flood; and for other purposes.

HR 356. By Messrs. Caldwell and Echols of Upson:
A resolution compensating Mrs. Cynthia L. Oxford; and for other pur poses.

HR 351. By Messrs. Stalnaker of Houston and Sinclair of Macon:
A resolution compensating Mr. James E. Hattaway; and for other pur poses.

450

JOURNAL OF THE SENATE,

HB 971. By Messrs. Maekay and Harris of DeKalb:
A bill to amend an act creating and establishing a new charter for the City of Lithonia; and for other purposes.

HB 972. By Messrs. Maekay and Harris of DeKalb: A bill to amend an act creating and establishing a new charter for the City of Decatur, by providing that the Mayor and commission shall have the power of eminent domain in the control of floods, freshets and sur face drainage water within the limits of the City; and for other purposes.
HB 1035. By Messrs. McClelland, Etheridge and Brooks of Fulton: A bill to amend an act relating to teachers and employees of the Board of Education of Fulton County, so as to change the provision as to maxi mum pension benefits; and for other purposes.
HB 975. By Messrs. Maekay and Harris of DeKalb: A bill to amend the charter of the City of Lithonia, by providing for the hours the polls shall be opened and closed for city elections; and for other purposes.

HB 1040. By Messrs. Brooks, Etheridge and McClelland of Fulton: A bill to amend Code Section 113-1301 relating to county administrators in counties of a certain population, so as to provide for the appointment of assistant county administrators; and for other purposes.
HB 1042. By Messrs. Busbee, Odom and Lee of Dougherty: A bill amending an act creating a new charter for the City of Albany, so as to provide an additional method of assessing the costs of a sewer line; and for other purposes.
HB 1036. By Messrs. McClelland, Etheridge and Brooks of Fulton: A bill relating to a Joint City-County Board of Tax Assessors in all counties of a certain population, so as to change the number of members of said Joint Board and provide a new method of appointments for same; and for other purposes.

HB 707. By Messrs. Brooks and Etheridge of Fulton: A bill to amend an act providing a system of pensions and other benefits for members of the paid fire departments in cities having a certain population to provide that if any such city has an administrative assistant

WEDNESDAY, FEBRUARY 12, 1964

451

to the Mayor that the Mayor of such city may designate such adminis trative assistant to the Mayor to serve on the Board of Trustees in his stead; and for other purposes.

HB 1059. By Messrs. Etheridge, Brooks and McClelland of Fulton:
A bill to repeal an Act incorporating Union City, to provide that property belonging to, and obligations due to Union City shall be transferred to Fulton County with certain provisions relative to the water system in Union City; and for other purposes.

HB 1020. By Mr. Clarke of Monroe: A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Monroe County, relating to the terms of members; and for other purposes.
HB 974. By Messrs. Mackay and Harris of DeKalb: A bill to abolish the Village of North Atlanta; and for other purposes.
HB 1018. By Messrs. Pickard, Dicus and Jones of Muscogee: A bill to amend an act amending the charter of the City of Columbus, so as to vest in the City of Columbus fee simple title to all the City streets that lie within the corporate limits of said City except state highways; and for other purposes.
HB 703. By Messrs. McClelland, Brooks and Etheridge of Fulton: A bill to amend an act creating bonded debts for counties, municipalities and divisions and prescribing the manner in which elections shall be held; and for other purposes.
HB 1028. By Messrs. Pickard, Dicus and Jones of Muscogee: A bill amending an act, creating the Board of Commissioners of Roads and Revenues of Muscogee County; and for other purposes.
HB 1009. By Mr. Lewis of Wilkinson: A bill to consolidate the offices of tax receiver and tax collector of Wilkinson County into the one office of tax commissioner; and for other purposes.
HB 1023. By Messrs. Harris and Mackay of DeKalb: A bill to prescribe the duties of the Sheriffs in counties of a certain population; and for other purposes.

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JOURNAL OF THE SENATE,

HB 706. By Messrs. Brooks and Etheridge of Pulton:
A bill to amend an act in cities of a certain population, so as to provide that if any such city has an administrative assistant to the Mayor, that the Mayor of such city may designate such administrative assistant, to serve on the Board of Trustees in his stead; and for other purposes.

HB 950. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A bill to provide supplementary appropriations for the remainder of the fiscal year, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein; and for other purposes.

HB 1004. By Messrs. Harris and Mackay of DeKalb:
A bill to fix, prescribe and establish compensation in counties of a certain population of certain elected county officials, including the Ordinary, Clerk of Superior Court, Sheriff and Tax Commissioner for the year 1964 and future years; and for other purposes.

HB 1010. By Mr. Lewis of Wilkinson:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Wilkinson County, so as to dispense with a full itemization of the monthly statement of the Board; and for other purposes.

HB 1043. By Messrs. Busbee of Dougherty, Lee and Odom of Dougherty:
A bill to amend an act creating and establishing a new charter for the City of Albany, so as to change the corporate limits; and for other purposes.

HB 748. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A bill to amend an act creating a joint city-county board of tax assessors in counties of a certain population so as to permit the Board to reemploy an attorney; and for other purposes.

HB 1024. By Messrs. Harris and Mackay of DeKalb:
A bill to amend an act creating the Pension Board of DeKalb County and a system of retirement pay for officers, deputies and employees of DeKalb County; and for other purposes.

HB 1008. By Mr. Smith of Telfair:
A bill to amend an act incorporating the Town of Scotland, so as to grant the authority to make various concessions to industries seeking

WEDNESDAY, FEBRUARY 12, 1964

453

to locate within the corporate limits of said municipality and the authority to aid in the financing of said industries; and for other purposes.

HB 1049. By Messrs. Killian and Isenberg of Glynn: A bill to amend an act placing the Sheriff of Glynn County on an annual salary; and for other purposes.
HB 1019. By Mr. Clarke of Monroe: A bill to amend an act incorporating the City of Culloden, so as to change the terms of office of councilmen; and for other purposes.

HB 1038. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta so as to change certain provisions relating to Civil Service System; and for other purposes.

HB 1027. By Mr. Fowler of Douglas:
A bill to abolish the present mode of compensating the Clerk of the Superior Court, the Sheriff, the Ordinary, and the Tax Commissioner of Douglas County; and for other purposes.

HB 709. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act relating to pensions for members of the police department in cities having a certain population, providing a new pension system for members of the police department in such cities; and for other purposes.

HB 1052. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to provide that counties of a certain population, the Solicitors General of the Superior Courts are authorized and empowered to in stitute and conduct investigations of criminal law violations; and for other purposes.

HB 1041. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta relating to the members of the personnel board; and for other purposes.

HB 1022. By Messrs. Harris and Mackay of DeKalb:
A bill to amend an act creating and establishing the DeKalb County Recorders' Court, to provide for a Chief Judge and Associate Judge; and for other purposes.

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JOURNAL OF THE SENATE,

HB 1048. By Messrs. Killian and Isenberg of Glynn:

A bill to amend an act creating the City Court of Brunswick, so as to increase the salaries of the Sheriff, Chief deputy sheriff and office deputy sheriff; and for other purposes.

HB 973. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act authorizing the creation of the DeKalb County Planning Commission so as to provide that the Commission shall consist of not less than five and not more than seven citizens of the County appointed by the governing authority; and for other purposes.

HB 1011. By Mr. Lewis of Wilkinson: A bill to amend an act creating a new charter for the Town of Ivey, so as to provide that the tax upon all property, both real and personal, within the limits of the town shall not exceed 15 mills ad valorem; and for other purposes.
HB 1044. By Messrs. Laite, Groover and House of Bibb: A bill authorizing the City of Macon through its governing authority, to convey to Huckabee Properties, Inc., the fee simple title in and to the air space lying above the 10 ft. public alley in Square 77; and for other purposes.
HB 1021. By Mr. Lokey of McDuffie: A bill to amend an act revising, consolidating and superseding the several Acts incorporating the Town of Thomson, and reincorporating the Town and the City of Thomson, so as to increase the corporate limits of the City of Thomson; and for other purposes.
HB 708. By Messrs. Brooks and Etheridge of Fulton: A bill to amend an act, relating to pensions for members of the Police Department in cities of a certain population, so as to provide that if any such city has an administrative assistant to the Mayor, that the Mayor of such city may designate such administrative assistant to to the Mayor to serve on the Board of Trustees in his stead; and for other purposes.
HE 452. By Mr. Smith of Habersham: A resolution proposing an amendment to the Constitution so as to create the Habersham County Industrial Development Authority; and for other purposes.

WEDNESDAY, FEBRUARY 12, 1964

455

HR 450. By Mr. Parker of Screven:
A resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Screven County; and for other purposes.

HR 449. By Mr. Jones of Lumpkin:
A resolution proposing an amendment to the Constitution so as to provide for two additional members of the Board of Education of Lumpkin County; and for other purposes.

HR 447. By Messrs. Chandler and Harrington of Baldwin:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Baldwin County to issue revenue bonds for the purpose of acquiring, constructing, adding to, improving, and operating off-street parking areas; and for other purposes.

HR 446. By Messrs. Chandler and Harrington of Baldwin:
A resolution proposing an amendment to the Constitution so as to authorize the Mayor and Aldermen of the City of Milledgeville to issue revenue bonds for the purpose of acquiring, maintaining and operating off-street parking areas, buildings and facilities of every kind and character in the City of Milledgeville; and for other purposes.

HR 445. By Mr. Smith of Camden: A resolution to designate "The Camden County Training School" as "The Matilda Harris Elementary School"; and for other purposes.
HR 443. By Mr. Murphy of Haralson: A resolution proposing an amendment to the Constitution so as to create the Waco Development Authority; and for other purposes.

HR 442. By Messrs. Keyton and Russell of Thomas:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Thomas County to issue general obligation bonds for the purpose of establishing educational facilities beyond the 12th grade and to levy taxes for the payment of such bonds; and for other purposes.

HR 441. By Messrs. Chandler and Harrington of Baldwin:
A resolution proposing an amendment to the Constitution so as to authorize the Mayor and Aldermen of the City of Milledgeville to

456

JOURNAL OP THE SENATE,

acquire and operate off-street parking areas, buildings and facilities, and to make charges for the use thereof; and for other purposes.

HR 438. By Messrs. Flournoy, Wilson and Teague of Cobb:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a Zoning and Planning Commission for the unincorporated and incorporated areas of Cobb County; and for other purposes.

HR 421. By Messrs. Mackay and Harris of DeKalb:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may grant to the governing authority of DeKalb County the right to provide for the constructions and mainte nance of streets, etc.; and for other purposes.

HR 437. By Messrs. Plournoy, Wilson and Teague of Cobb:
A resolution proposing an amendment to the Constitution so as to empower the General Assembly to authorize the Governing Authority of Cobb County to establish districts for the purpose of building, erecting, establishing, maintaining and operating a system of garbage collection; and for other purposes.

HR 440. By Messrs. Chandler and Harrington of Baldwin:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Baldwin County to acquire and operate off-street parking areas, buildings and facilities and to make charges for the use thereof; and for other purposes.
HB 645. By Mr. Jones of Muscogee:
A bill to amend an act providing a penalty contributing to conditions which render certain children delinquent, so as to require that any person contributing to delinquency shall be guilty of a misdemeanor; and for other purposes.
HB 1015. By Mr. Barber of Jackson:
A bill to amend an act known as the "Physical Therapists Practice Act", so as to provide; that nothing contained in said Act shall be construed to limit or prevent the practice of physical therapy by any person not registered under this Act, if such person does not represent himself to be a registered physical therapists; and for other purposes.
HB 948. By Messrs. Towson and Knight of Laurens:
A bill to amend an act creating the Dept. of Public Safety, so as to authorize the payment of a portion of construction costs of quarters

WEDNESDAY, FEBRUARY 12, 1964

457

and other facilities for the Uniform Division of the Department of Public Safety on property deeded to the State under a deed containing a reversionary clause; and for other purposes.

HB 960. By Messrs. Newton of Colquitt, Coker of Cherokee, Bowen of Toombs, and others:
A bill to be entitled an Act to amend an Act known as the "Georgia Agricultural Commodities Promotion Act", so as to provide for a change in the time limitation for extending the referendum period, and for other purposes.

HR 393. By Mr. Smith of Habersham:
A resolution proposing an amendment to the Constitution so as to provide that the notice of the intention to apply for local legislation which affects Habersham County, may be published in any daily or weekly newspaper of general circulation; and for other purposes.

SR 147. By Senator Zorn of the 6th:
A resolution proposing an amendment to the Constitution so as to create the "Wayne County Industrial Development Authority", to provide for powers, etc.; and for other purposes.

The House has passed as amended the following bill of the Senate:

SB 198. By Senators Carlton of the 21st, Jackson of the 16th, Webb of the llth and others:
A bill to create the Georgia Educational Improvement Council; and for other purposes.

The House has agreed to the Senate amendments to the following bills of the House to-wit:

HB 870. By Messrs. Flournoy, Wilson and Teague of Cobb:
A bill to amend an act establishing a new charter for the City of Acworth, so as to include therein certain territory in the County of Cobb contiguous and adjacent to existing boundaries of said city; and for other purposes.

HB 723. By Messrs. Brooks of Fulton and Smith of Grady:
A bill to regulate the conduct of officers, employees and agents of political subdivisions, public corporations and other public organizations,

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JOURNAL OF THE SENATE,

so as to make it a crime to improperly influence action by the governing authorities of any political subdivision of the State; and for other purposes.

HB 878. By Messrs. Pope and Coker of Cherokee:
A bill to amend an act incorporating the City of Canton, so as to provide for division of the City into wards for the purpose of electing councilmen; and for other purposes.

HB 921. By Mr. Williams of Hall: A bill to amend an act relating to motor vehicles, so as to provide for a new weight classification; and for other purposes.
The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:
HB 949. By Mr. Conner of Jeff Davis: A bill to amend an act known as the "Georgia Industrial Loan Act" approved March 4, 1955, as amended; and for other purposes.

HR 457. By Messrs. Wilkes of Cook and Hill of Meriwether: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the payment of interest on student loans for higher education; 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:

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459

HB 1090. By Mr. Wilkes of Cook:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Cook County; so as to change the manner of electing members to the Board; and for other purposes.

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

SB 322. By Senator Smith of the 18th:
A bill to place the Clerk of the Superior Court of Houston County upon an annual salary in lieu of the fee system of compensation; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 323. By Senator Smith of the 18th:
A bill to place the Tax Commissioner of Houston County upon an annual salary in lieu of the fee system of compensation; to provide for personnel within the Tax Commissioner's office; to provide for budgets; to repeal conflicting laws; and for other purposes.

SB 324. By Senator Smith of the 18th:
A bill to place the Ordinary of Houston County upon an annual salary in lieu of the fee system of compensation; to provide the manner in which such salary shall be fixed; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 325. By Senator Smith of the 18th:
A bill to place the Sheriff of Houston County upon an annual salary in lieu of the fee system of compensation; to provide the manner in which such salary shall be fixed; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 326. By Senators Salome of the 36th, Wesberry of the 37th, Johnson of the 38th, Brown of the 34th, and Coggin of the 35th:
A bill relating to the chartering and empowering of corporations, so as to change the provisions relative to converting shares of stock into shares of another class having a superior preference; to repeal conflict ing laws; and for other purposes.
Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE,

SB 327. By Senator Ellis of the 44th:
A bill creating the Peace Officers' Annuity and Benefit Fund, so as to redefine the term "peace officer"; to provide for prior credit for certain peace officers; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 328. By Senator Kidd of the 25th:
A bill to provide that the provisions of the Code Chapter 68-6 shall not apply to motor vehicles commonly known as tow trucks or wreckers, and service trucks or vehicles designed and exclusively used in the business of towing or otherwise rendering assistance to abandoned wrecked vehicles; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

SB 329. By Senators Maclntyre of the 40th, Johnson of the 38th, Wesberry of the 37th, Salome of the 36th, Coggin of the 35th, and Brown of the 34th:
A bill creating a new charter for the City of Alpharetta so as to change the corporate limits of said city; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 330. By Senator Kidd of the 25th:
A bill to provide that the term "motor carrier" shall not include motor vehicles commonly known as tow trucks or wreckers, and service trucks and vehicles designed and exclusively used in the business of towing or otherwise rendering assistance to abandoned, disabled and wrecked vehicles; and for other purposes.
Referred to Committee on Highways.

SB 331. By Senators Pennington of the 45th, Conway of the 41st, Johnson of the 42nd, and McWhorter of the 43rd:
A bill known as the "Stone Mountain Memorial Association Act" so as to provide that the Stone Mountain Memorial Association shall be auth orized and empowered to make rules and regulations regulating traffic and governing the use of the facilities over which the Association has jurisdiction; and for other purposes.
Referred to Committee on Rules.

SB 332. By Senator Maclntyre of the 40th:
A bill to regulate the sale of fluid milk and milk products; to prescribe the procedure connected therewith; to provide for definitions; to pre scribe general provisions; to prohibit certain practices; to provide

WEDNESDAY, FEBRUARY 12, 1964

461

penalty for violations; to repeal conflicting laws; and for other purposes. Referred to Committee on Agriculture and Natural Resources.

SB 333. By Senators Johnson of the 38th, Coggin of the 35th, Salome of the 36th, and Maclntyre of the 40th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to authorize certain counties having a certain population, to issue licenses for the sale of distilled spirits or alcoholic beverages from broken packages or in un broken packages containing less than 4 oz.; and for other purposes.
Referred to Committee on Temperance.
Senator Maclntyre of the 40th moved that SB 333 be engrossed.

On the motion to engross, the ayes were 36, nays 0, and the motion prevailed.
SB 334. By Senators Brown of the 34th, Maclntyre of the 40th, Coggin of the 35th, Johnson of the 38th, Salome of the 36th, and Wesberry of the 37th: A bill establishing a new charter for the City of College Park; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 335. By Senator Holloway of the 12th:
A bill to create a new judicial circuit for Georgia, to be known as the Dougherty Judicial Circuit, to be composed of the County of Dougherty; to provide for a judge and a solicitor-general for said circuit; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.

SB 336. By Senator Wesberry of the 37th:
A bill to prohibit the possession and consumption of intoxicating bever ages upon certain publicly owned property; to provide for a penalty; to repeal conflicting laws; and for other purposes.
Referred to Committee on Temperance.

Senator Wesberry of the 37th moved that SB 336 be engrossed. On the motion to engross, the ayes were 34, nays 0, and the motion prevailed.

SB 337. By Senator Rowan of the 8th: A bill to amend an Act relating to the qualifications of the ordinary

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JOURNAL OF THE SENATE,

in certain counties, so as to change the population requirements; to re peal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 338. By Senator Webb of the llth: A bill to provide that the Judges shall have discretion in imposing fines for overweight and overlength violations.
Referred to Committee on Rules.

SB 339. By Senator Kendrick of the 32nd, Yancey of the 33rd:
A bill providing a new charter for the City of Marietta, so as to change the corporate limits of said city; to change the retirement and disability benefits for participating employees; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SR 196. By Senator Hall of the 62nd:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Floyd County to issue general obligation bonds for the purpose of establishing schools beyond the 12th grade and to levy taxes for the payment of such bonds; and for other purposes.
Referred to Committee on Rules.

SR 197. By Senator Hunt of the 26th:
A resolution authorizing the Governor to execute a lease in behalf of the State of Georgia of certain property conveyed to the State by the City of Macon to be used as a site for construction of an armory for the Georgia Air National Guard, with one hundred percent Federal funds; and for other purposes.
Referred to Committee on Rules.

SR 198. By Senator Hunt of the 26th:
A resolution authorizing the conveyance of certain State property located in Bibb County; and for other purposes.
Referred to Committee on Rules.

SR 199. By Senators Phillips of the 27th, Hunt of the 26th:
A resolution proposing an amendment to the Constitution to authorize the City of Macon in Bibb County to establish a joint City-County ad valorem Tax Office; to provide the procedure connected therewith; and for other purposes.
Referred to Committee on Rules.

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4G3

SR 200. By Senator Yancey of the 33rd:
A resolution proposing an amendment to the Constitution so as to abolish the office of Coroner in Cobb County, Georgia; to establish in lieu thereof the office of County Medical Examiner; and for other purposes.
Referred to Committee on Rules.

HR 442. By Messrs. Keyton and Russell of Thomas:
A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Thomas County to issue general obligation bonds for the purpose of establishing educational facilities beyond the 12th grade and to levy taxes for the payment of such bonds; and for other purposes.
Referred to Committee on Rules.

HB 949. By Mr. Conner of Jeff Davis:
A bill to amend an act known as the "Georgia Industrial Loan Act" approved March 4, 1955, as amended; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1090. By Mr. Wilkes of Cook:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Cook County; so as to change the manner of electing members of the Board; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 457. By Messrs. Wilkes of Cook and Hill of Meriwether:
A resolution proposing an amendment to the Constitution so as to author ize the General Assembly to provide by law for the payment of interest on student loans for higher education; and for other purposes.
Referred to Committee on Rules.

HB 645. By Mr. Jones of Muscogee:
A bill to amend an act providing a penalty contributing to conditions which render certain children delinquent, so as to require that any per son contributing to delinquency shall be guilty of a misdemeanor; and for other purposes.
Referred to Committee on Judiciary.

HB 703. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act creating bonded indebtedness for counties, muni cipalities and divisions and prescribing the manner in which elections

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JOURNAL OF THE SENATE,

shall be held; and for other purposes. Referred to Committee on Rules.

HB 706. By Messrs. Brooks and Etheridge of Fulton:
A bill to amend an act in cities having a population of more than 150,000, so as to provide that if any such city has an administrative assistant to the mayor, that the mayor of such city may designate such admini strative assistant to the mayor to serve on the board of trustees in his stead; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 707. By Messrs. Brooks and Etheridge of Fulton:
A bill to amend an act providing a system of pensions and other benefits for members of the paid fire departments in cities having a population of more than 150,000; to provide that if any such city has an administra tive assistant to the mayor that the mayor of such city may designate such administrative assistant to the mayor to serve on the board of trustees in his stead; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 708. By Messrs. Brooks and Etheridge of Fulton:
A bill to amend an act relating to pensions for members of the police department in cities having a population of 150,000, so as to provide that if any such city has an administrative assistant to the mayor, that the mayor of such city may designate such administrative assistant to the mayor to serve on the Board of Trustees in his stead; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 709. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act relating to pensions for members of the police department in cities having a population of 150,000 and providing a new pension system for members of the police department in such cities; to provide a system of pensions and other benefits for such members and their dependents; to provide for the tax upon the salaries of such members; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 748. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A bill to amend an act creating a joint city-county board of tax asses sors in counties having a population of more than 300,000 so as to per mit the board to re-employ an attorney; and for other purposes.
Referred to Committee on County and Municipal Governments.

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465

HB 948. By Messrs. Towson an9 Knight of Laurens:
A bill to amend an act creating the Department of Public Safety, so as to authorize the payment of a portion of construction costs of quarters and other facilities for the Uniform Division of the Department of Pub lic Safety on property deeded to the State under a deed containing a re versionary clause; and for other purposes.
Referred to Committee on Appropriations.

HB 950. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1964, and the fiscal year ending June 30, 1965, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein; and for other purposes.
Referred to Committee on Appropriations.

HB 960. By Messrs. Newton of Colquitt, Coker of Cherokee, Bowen of Toombs and other:
A bill to amend an act known as the "Georgia Agricultural Commodities Promotion Act," so as to provide for a change in the time limitation for extending the referendum period; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 971. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act creating and establishing a new charter for the City of Lithonia; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 972. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act creating and establishing a new charter and muni cipal government for the Town of Decatur, now the City of Decatur, in the County of DeKalb, by providing that the mayor and commission shall have the power of eminent domain in the control of floods, freshets and surface drainage water within the limits of the city; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 973. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act authorizing the creation of the DeKalb County Planning Commission so as to provide that the Commission shall consist

466

JOURNAL OP THE SENATE,

of not less than five and not more than seven citizens of the county appointed by the governing authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 974. By Messrs. Mackay and Harris of DeKalb:
A bill to abolish the Village of North Atlanta; to withdraw the certi ficate and charter of incorporation granted to the Village of North Atlanta filed in the office of the clerk of the Superior Court of DeKalb County on January 12, 1924; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 975. By Messrs. Mackay and Harris of DeKalb:
A bill to amend the charter of the City of Lithonia, by providing for the hours of the polls to be opened and closed for city elections; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1004. By Messrs. Harris and Mackay of DeKalb:
A bill to fix, prescribe and establish compensation of certain elected coun ty officials in counties having a population of not less than 250,000 nor more than 500,000, including the ordinary, clerk of superior court, sheriff, and tax commissioner for the year 1964 and future years; and for other purposes.
Referred to Committees on County and Municipal Governments.

HB 1008. By Mr. Smith of Telfair:
A bill to amend an act incorporating the Town of Scotland, so as to grant the authority to make various concessions to industries seeking to locate within the corporate limits of said municipality and the au thority to aid in the financing of said industries; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1009. By Mr. Lewis of Wilkinson:
A bill to consolidate the offices of tax receiver and tax collector of Wilkinson County into one office of tax commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1010. By Mr. Lewis of Wilkinson:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Wilkinson County, so as to dispense with a full itemization

WEDNESDAY, FEBRUARY 12, 1964

467

of the monthly statement of the Board; and for other purposes. Referred to Committee on County and Municipal Governments.

HB 1011. By Mr. Lewis of Wilkinson:
A bill to amend an act creating a new charter for the Town of Ivey, so as to provide that the tax upon all property, both real and personal, within the limits of the town shall not exceed 15 mills ad valorem; and other purposes.
Referred to Committees on County and Municipal Governments.

HB 1015. By Mr. Barber of Jackson:
A bill to amend an act known as the "Physical Therapists Practice Act", so as to provide that nothing contained in said act shall be construed to limit or prevent the practice of physical therapy by any person not registered under this act, if such person does not represent himself to be a registered physical therapist; and for other purposes.
Referred to Committee on Health and Welfare.

HB 1018. By Messrs. Pickard, Dicus and Jones of Muscogee:
A bill to amend an act amending the charter of the City of Columbus, so as to vest in the City of Columbus, fee simple title to all the city streets that lie within the corporate limits of said city except state highways; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1019. By Mr. Clarke of Monroe:
A bill to amend an act incorporating the City of Culloden, so as to change the terms of office of councilmen; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1020. By Mr. Clarke of Monroe: A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Monroe County, relating to the terms of members; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1021. By Mr. Lokey of McDuffie: A bill to amend an act revising, consolidating and superseding the sev eral acts incorporating the Town of Thomson, and reincorporating the

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JOURNAL OF THE SENATE,

Town or Corporation as the City of Thomson, so as to increase the cor porate limits of the City of Thomson; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1022. By Messrs. Harris and Mackay of DeKalb:
A bill to amend an act creating and establishing the DeKalb County Recorder's Court; to provide for a chief judge and associate judges; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1023. By Messrs. Harris and Mackay of DeKalb:
A bill to prescribe the duties of the sheriffs in counties having a popula tion of 250,000 and not more than 500,000; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1024. By Messrs. Harris and Mackay of DeKalb:
A bill to amend an act creating the Pension Board of DeKalb County and a system of retirement pay for officers, deputies and employees of De Kalb County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1027. By Mr. Fowler of Douglas:
A bill to abolish the present mode of compensating the clerk of the superior court, the sheriff, the ordinary and the tax commissioner of Douglas County known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1028. By Messrs. Pickard, Dicus and Jones of Muscogee:
A bill to amend an act approved August 24, 1872, creating the Board of Commissioners of Roads and Revenues of Muscogee County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1035. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A bill to amend an act relating to teachers and employees of the Board of Education of Fulton County, so as to change the provision as to maxi mum pension benefits; and for other purposes.
Referred to Committee on County and Municipal Governments.

WEDNESDAY, FEBRUARY 12, 1964

469

HB 1036. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A bill relating to a joint city-county board of tax assessors in all counties having a population of 300,000 or more, so as to change the number of members of said joint board and provide a new method of appointments for same; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1038. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta so as to change certain provisions relating to civil service system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1040. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend Code section 113-1301 relating to county administrators in counties having a population of 550,000 or more, so as to provide for the appointment of assistant county administrators; and for other pur poses.
Referred to Committee on County and Municipal Governments.

HB 1041. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta relating to the members of the personnel board; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1042. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill amending an act creating a new charter for the City of Albany, so as to provide an additional method of assessing the cost of a sewer line; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1043. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill to amend an act creating and establishing a new charter for the City of Albany, so as to change the corporate limits; and for other pur poses.
Referred to Committee on County and Municipal Governments.

HB 1044. By Messrs. Laite, Groover and House of Bibb:
A bill authorizing the City of Macon through its governing authority, to convey to Huckabee Properties, Inc., the fee simple title in and to

470

JOURNAL OF THE SENATE,

the air space lying above the 10 ft. public alley in Square 77; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1048. By Messrs. Killian and Isenberg of Glynn:
A bill to amend an act creating the City Court of Brunswick, so as to increase the salaries of the sheriff, chief deputy sheriff and office deputy sheriff; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1049. By Messrs. Killian and Isenberg of Glynn:
A bill to amend an act placing the sheriff of Glynn County upon annual salary; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1052. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to provide that counties having a population of 500,000 or more, the solicitors general of the superior courts are authorized and em powered to institute and conduct investigations of criminal law viola tions; and for other purposes.
Referred to Committee on Rules.

HB 1059. By Messrs. Etheridge, Brooks and McClelland of Fulton:
A bill to repeal an act incorporating Union City; to provide that prop erty belonging to, and obligations due to Union City shall be trans ferred to Fulton County with certain provisions relative to the water sys tem of Union City; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 60. By Mr. Fleming of Richmond: A resolution to compensate J. F. Patton; and for other purposes.
Referred to Committee on Appropriations.

HR 79. By Mr. Clarke of Monroe: A resolution compensating E. W. Banks; and for other purposes.
Referred to Committee on Appropriations.

WEDNESDAY, FEBRUARY 12, 1964

471

HR 80. By Mr. Wilson of Cobb: A resolution compensating C. W. Clarke; and for other purposes.
Referred to Committee on Appropriations.

HR 127. By Mr. Lindsey of Wilkes: A resolution to compensate Oley F. Cleveland; and for other purposes.
Referred to Committee on Appropriations.

HR 157. By Messrs. Mackay of DeKalb and Roberts of Jones:
A resolution compensating Bonnie J. Cranford and her husband, James U. Cranford; and for other purposes.
Referred to Committee on Appropriations.

HR 178. By Mr. Bowen of Toombs:
A resolution to compensate William C. Somers, Jr.; and for other pur poses.
Referred to Committee on Appropriations.

HR 202. By Messrs. Mackay and Harris of DeKalb: A resolution to compensate Cyrus W. Horton IV; and for other purposes.
Referred to Committee on Appropriations.

HR 256. By Mr. Houston of Pierce:
A resolution to compensate the Nimmer Chevrolet Company; and for other purposes.
Referred to Committee on Appropriations.

HR 326. By Mr. Bynum of Rabun: A resolution to compensate Mr. James M. Houck; and for other purposes.
Referred to Committee on Appropriations.

HR 332. By Mr. Hall of Lee: A resolution to compensate Homer C. Aired; and for other purposes.
Referred to Committee on Appropriations.

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JOURNAL OF THE SENATE,

HR 341. By Mr. Hurst of Quitman: A resolution to compensate J. D. Holmes; and for other purposes.
Referred to Committee on Appropriations.

HR 348. By Messrs. Bynum of Rabun and Cullens of Bartow: A resolution compensating Alfred Buren Parker; and for other purposes.
Referred to Committee on Appropriations.

HR 351. By Messrs. Stalnaker of Houston and Sinclair of Macon:
A resolution compensating Mr. James E. Hattaway; and for other pur poses.
Referred to Committee on Appropriations.

HR. 356. By Messrs. Caldwell and Echols of Upson:
A resolution to compensate Mrs. Cynthia L. Oxford; and for other pur poses.
Referred to Committee on Appropriations.

HR 357. By Messrs. Caldwell and Echols of Upson:
A resolution to compensate Mrs. Katherine Landers Jones; and for other purposes.
Referred to Committee on Appropriations.

HR 375. By Mr. Floyd of Chattooga: A resolution to compensate Mr. A. A. Flood; and for other purposes.
Referred to Committee on Appropriations.

HR 377. By Mr. Lee of Clinch: A resolution to compensate Clinch County; and for other purposes.
Referred to Committee on Appropriation*.
HR 393. By Mr. Smith of Habersham: A resolution proposing an amendment to the Constitution so as to provide that the notice of the intention to apply for local legislation which af-

WEDNESDAY, FEBRUARY 12, 1964

473

fects Habersham County, or any political subdivision located therein, may be published in any daily or weekly newspaper of general circulation published within Habersham County; and for other purposes.
Referred to Committee on Rules.

HR 421. By Messrs. Mackay and Harris of DeKalb:
A resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly may grant to the governing authority of DeKalb County the right to provide for the construction and mainten ance of streets, sidewalks and curbing within any subdivision of the county located inside the corporate limits of any municipality lying whol ly within said county except the City of Decatur; and for other purposes.
Referred to Committee on Rules.

HR 437. By Messrs. Plournoy, Wilson and Teague of Cobb:
A resolution proposing an amendment to the Constitution so as to em power the General Assembly to authorize the Governing Authority of Cobb County to establish districts for the purpose of building, erecting, establishing, maintaining and operating a system of garbage collection; and for other purposes.
Referred to Committee on Rules.

HR 438. By Messrs. Flournoy, Wilson and Teague of Cobb:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law for a zoning and planning commission for the unincorporated and incorporated areas of Cobb Coun ty; and for other purposes.
Referred to Committee on Rules.

HR 440. By Messrs. Chandler and Harrington of Baldwin:
A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Baldwin County to acquire and operate off-street parking areas, buildings and facilities and to make charges for the use thereof; and for other purposes.
Referred to Committee on Rules.

HR 441. By Messrs. Chandler and Harrington of Baldwin:
A resolution proposing an amendment to the Constitution so as to au thorize the mayor and aldermen of the City of Milledgeville to acquire and operate off-street parking areas, buildings and facilities and to make charges for the use thereof; and for other purposes.
Referred to Committee on Rules.

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JOURNAL OF THE SENATE,

HE 442. By Messrs. Keyton and Russell of Thomas:
A resolution proposing an amendment to the Constitution so as to author ize the governing authority of Thomas County to issue general obliga tion bonds for the purpose of establishing educational facilities beyond the 12th grade and to levy taxes for the payment of such bonds; and for other purposes.
Referred to Committee on Rules.

HR 443. By Mr. Murphy of Haralson:
A resolution proposing an amendment to the Constitution so as to create the Waco Development Authority; and for other purposes.
Referred to Committee on Rules.

HR 437. By Messrs. Flournoy, Wilson and Teague of Cobb:
A resolution proposing an amendment to the Constitution so as to em power the General Assembly to authorize the Governing Authority of Cobb County to establish districts for the purpose of building, erecting, establishing, maintaining and operating a system of garbage collection, and for other purposes.
Referred to Committee on Rules.
HR 438. By Messrs. Flournoy, Wilson and Teague of Cobb:
A resolution proposing an amendment to the Constitution so as to author ize the General Assembly to provide by law for a Zoning and Planning Commission for the unincorporated and incorporated areas of Cobb Coun ty; and for other purposes.
Referred to Committee on Rules.

HR 440. By Messrs. Chandler and Harrington of Baldwin:
A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Baldwin County to acquire and oper ate off-street parking areas, buildings and facilities and to make charges for the use thereof; and for other purposes.
Referred to Committee on Rules.

HR 441. By Messrs. Chandler and Harrington of Baldwin:
A resolution proposing an amendment to the Constitution so as to au thorize the mayor and aldermen of the City of Milledgeville to acquire and operate off-street parking areas, buildings and facilities and to make charges for the use thereof; and for other purposes.
Referred to Committee on Rules.

WEDNESDAY, FEBRUARY 12, 1964

475

HR 445. By Mr. Smith of Camden:
A resolution to designate "The Camden County School" as "The Matilda Harris Elementary School"; and for other purposes.
Referred to Committee on Rules.

HR 446. By Messrs. Chandler and Harrington of Baldwin:
A resolution proposing an amendment to the Constitution so as to author ize the mayor and aldermen of the City of Milledgeville to issue revenue bonds for the purpose of acquiring, maintaining and operating off-street parking areas, buildings and facilities of every kind and character in the City of Milledgeville; and for other purposes.
Referred to Committee on Rules.

HR 449. By Mr. Jones of Lumpkin:
A resolution proposing an amendment to the Constitution so as to pro vide for two additional members of the Board of Education of Lumpkin County; and for other purposes.
Referred to Committee on Rules.

HR 450. By Mr. Parker of Screven:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Screven County; and for other purposes.
Referred to Committee on Rules.

HR 452. By Mr. Smith of Habersham:
A resolution proposing an amendment to the Constitution so as to create the Habersham County Industrial Development Authority; and for other purposes.
Referred to Committee on Rules.

The following bills and resolutions were read the second time:

SB 310. By Senator Phillips of the 27th:
A bill relating to the definition of terms used in the Code Chapter relat ing to motor contract carriers, so as to exempt wreckers from the op eration of the Motor Contract Carriers Act; to repeal conflicting laws; and for other purposes.

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SB 311. By Senators Coggin of the 35th and Plunkett of the 30th:
A bill to prescribe the effect of voluntary deeds to land and to provide for the recording of such deeds and prescribe the effect thereof; and for other purposes.

SB 312. By Senator Pennington of the 45th:
A bill to provide that those individuals who raise, grow and produce nursery stock for resale are engaged in agricultural pursuits, and so much of said individual's operations as relates to the raising, growing and producing of nursery stock for resale are farm operations, and as such are entitled to all of the incidents thereof; and for other purposes.

SB 313. By Senator Rowan of the 8th:
A bill providing for the issuance by the State Revenue Commissioner of special license plates for antique automobiles, so as to change the definition of "historical vehicle" by changing the age limitation of such vehicles from 30 years to 25 years of age; to repeal conflicting laws; and for other purposes.

SB 314. By Senator Thomas of the 52nd:
A bill to amend, revise, supersede and consolidate the laws pertaining to the governing authority of Whitfield County, Georgia; to create a Board of Commissioners of Roads and Revenue for Whitfield County Georgia; to provide for Commissioner Seats; to repeal conflicting laws; and for other purposes.

SB 315. By Senators Scott of the 23rd, Fuqua of the 22nd:
A bill creating a Board of Commissioners of Roads and Revenues for the County of Richmond, so as to provide that elections called by the Board of Commissioners of Roads and Revenues to fill vacancies in coun ty offices shall be called and held within 60 days of the date the vacancy occurs; and for other purposes.

SB 316. By Senators Fuqua of the 22nd, and Scott of the 23rd:
A bill creating a Board of Commissioners of Roads and Revenues for the County of Richmond, so as to provide the procedure of obtaining an ac counting firm for the purpose of auditing county offices handling public funds; and for other purposes.

SB 317. By Senators Coggin of the 35th, Brown of the 34th, Maclntyre of the 40th, Johnson of the 38th, Salome of the 36th, and Wesberry of the 37th:
A bill to amend an act entitled "An Act to incorporate the City of Hape-

WEDNESDAY, FEBRUARY 12, 1964

477

ville, Georgia, and for other purposes", so as to provide a sewer tax for the City of Hapeville; and for other purposes.

SB 318. By Senators Coggin of the 35th, Brown of the 34th, Maclntyre of the 40th, Johnson of the 38th, Salome of the 36th, and Wesberry of the 37th:
A bill to amend an act entitled "An Act to incorporate the City of Hape ville, Georgia, and for other purposes", relative to the retirement pro gram for Hapeville city employees; and for other purposes.

SB 319. By Senator Webb of the llth:
A bill providing for the creation of office of Judge of the Superior Courts Emeritus, so as to extend the time in which a judge, in order to be eligible to receive the benefits provided by said Act, may begin making the con tributions required by said Act; to repeal conflicting laws; and for other purposes.

SB 320. By Senator Webb of the llth:
A bill relating to the manufacture, transportation and possession of cer tain intoxicating liquors, so as to declare certain raw materials and sub stances contraband; to provide for the seizure and destruction thereof; to provide for delivery to public schools; and for other purposes.

SB 321. By Senator Miller of the 50th:
A bill to prohibit certain educational institutions located within the State of Georgia from conferring honorary degrees; to provide for a penalty; to repeal conflicting laws; and for other purposes.

HB 542. By Mr. Mackay of DeKalb:
A bill to define the legal status and non-liability of a fiduciary, (whether an executor, administrator, guardian or trustee), when obeying the exer cise of fiduciary powers in and by another co-fiduciary, committee or per son or persons to direct investments; and for other purposes.

HB 827. By Messrs. Smith of Grady, Bolton of Spalding, Andrews of Stephens, and Underwood of Montgomery:
A bill to amend an act known as the "Statewide Probation Act", so as to change the compensation of the Assistant Director of Probation and the Field Supervisors; and for other purposes.

HB 850. By Mr. House of Bibb:
A bill to amend an act relating to the inspection and regulation of drugs, so as to grant certain police powers and authority to the Chief Drug Inspector and his assistants; and for other purposes.

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HB 871. By Mr. Smith of Camden:
A bill to amend an act revising, consolidating and superseding the laws relative to Game and Fish; so as to prohibit crab fishing in any part or portion of St. Andrews Sound with power-drawn nets during the closed season on shrimp; and for other purposes.

HB 884. By Mr. Laite of Bibb:
A bill relating to licensing of dealers of firearms, so as to exclude gun collectors; and for other purposes.

HB 912. By Mr. Brooks of Fulton:
A bill to amend an act so as to provide that no lease or contract for the conduction of business upon the premises of any airport shall be entered into unless it shall have been advertised and three competitive bids submitted; and for other purposes.

HB 926. By Mr. Wilkes of Cook:
A bill to amend an act creating a Small Claims Court in certain coun ties, so as to provide for the procedure for the appointment of a judge; and for other purposes.

HB 930. By Messrs. Killian and Isenberg of Glynn:
A bill to amend an act known as the Georgia Ports Authority Act, so as to authorize the Governor on behalf of the State, to convey certain prop erty to the Georgia Ports Authority; and for other purposes.

HB 931. By Messrs. Lee, Busbee and Odom of Dougherty:
A bill to amend an act so as to provide that any husband who abandons his wife while she is pregnant shall be guilty of a misdemeanor; and for other purposes.

HB 944. By Messrs. Causby of Gordon, Hale of Bade, Bowen of Dawson, Harris of DeKalb, Murphy of Haralson, Brown of Hart and many others:
A bill to confer upon each and every county of the State of Georgia the right to condemn private property and all rights therein for other purposes.

HB 957. By Mr. Andrews of Stephens:
A bill to provide for the using of voting machines, for casting, register ing, recording and computing ballots or votes in all elections including primaries and municipal elections in certain counties; and for other pur poses.

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479

HB 976. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act providing for the method of giving notice of the letting of county contracts for public buildings or other public works in certain counties; and for other purposes.

HR 444. By Mr. Barber of Jackson: A resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly shall have the power to provide by law the guarantee for payment of interest on loans made to students for high er education purposes; and for other purposes.
HB 1026. By Messrs. Bolton of Spalding, Twitty of Mitchell, Groover of Bibb and others: A bill to amend an act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act," as amended, so as to redefine the terms "sale at retail", "use", "storage", and "consumption"; to provide an effective date for this Act"; to repeal conflicting laws; and for other purposes.
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 had 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 304. Do Pass. SB 309. Do Pass. HB 322. Do Pass.
Respectfully submitted, Pennington of 45th District, Chairman.
Mr. Gillis of the 20th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. President:
Your Committee on Appropriations had had under consideration the follow ing bills of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:

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SB 300. Do pass as amended. HB 846. Do Pass.
Respectfully submitted, Gillis of 20th 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 had had under consid eration 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 288. Do Pass. SB 289. Do Pass. SB 293. Do Pass. SB 295. Do Pass. SB 302. Do Pass. SB 303. Do Pass. HB 925. Do Pass. HB 933. Do Pass. HB 906. Do Pass. HB 924. Do Pass. HB 875. Do Pass. HB 993. Do Pass. HB 1006. Do Pass. HB 1007. Do Pass. HB 985. Do Pass. HB 965. Do Pass. HB 968. Do Pass. HB 992. Do Pass. HB 956. Do Pass. HB 900. Do Pass. HB 983. Do Pass.

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481

HB 987. Do Pass. HB 918. Do Pass. HB 946. Do Pass. HB 966. Do Pass. HB 982. Do Pass. HB 959. Do Pass. HB 986. Do Pass, as amended.
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 had 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 281. Do Pass. SB 282. Do Pass. HB 432. Do Pass. HB 660. Do pass by substitute. HB 802. Do Pass. HB 873. Do Pass.
Respectfully submitted, Smalley of 28th District, Chairman.

Mr. Pincher of the 51st District, Secretary of the Committee on Public Utili ties and Transportation, submitted the following report:
Mr. President:
Your Committee on Public Utilities and Transportation had had under consid-

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eration the following bill of the Senate and had instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SB 294. Do pass by substitute. Respectfully submitted, Fincher of 51st District, Secretary.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, submit ted the following report:
Mr. President:
Your Committee on Rules had had under consideration the following bills and resolutions of the Senate and House and had instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SB 305. Do pass as amended. SR 143. Do Pass. SR 180. Do Pass. SR 187. Do Pass. SR 188. Do Pass. SR 190. Do Pass. SR 192. Do Pass. HB 938. Do Pass. HR 342. Do Pass. HR 362. Do pass as amended. HR 365. Do Pass. HR 392. Do Pass. HR 394. Do Pass. HR 396. Do Pass. HR 411. Do Pass. HR 408. Do Pass. HR 414. Do Pass. HR 417. Do Pass. HR 410. Do Pass. HR 430. Do Pass.

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483

HR 432. Do Pass. HR 434. Do Pass.

Respectfully submitted, Rowan of 8th District, Secretary.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, submit ted the following report:
Mr. President:
Your Committee on Rules had had under consideration the following bills and resolutions of the Senate and House and had instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SB 319. Do Pass. SB 276. Do pass by substitute. SB 306. Do Pass. HB 791. Do pass as amended. HB 835. Do Pass. HB 836. 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.
SB 204. By Senators Searcey of the 2nd and Tribble of the 3rd: A bill revising, altering and amending the several acts incorporating the Mayor and Councilmen of the Town of Tybee, so as to change voter qualifications and qualifications for candidates for councilmen; 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 passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority was passed.

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SB 252. By Senators Maclntyre of the 40th, Brewer of the 39th, Johnson of the 38th and many others:
A bill establishing a new charter for the City of Roswell, so as to change the corporate limits 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 29, nays 0.

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

SB 257. 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 mem bers; to change the method of electing council members; to provide for terms of office on a staggered basis; 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 passage of the bill, the ayes were 29, nays 0.

The bill, having received the requisite constitutional majority was passed.
SB 258. By Senator Miller of the 50th: A bill creating the office of Commissioner of Roads and Revenues of Fannin County, so as to provide for an annual audit and the publication thereof of certain offices of the county officials; to provide for a penalty for the failure to have such audits and publication; 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.
The bill, having received the requisite constitutional majority was passed.

WEDNESDAY, FEBRUARY 12, 1964

485

SB 262. By Senators Maclntyre of the 40th, Wesberry of the 37th, Johnson of the 38th and many others:
A bill establishing a new charter for the City of Roswell, so as to provide for the date of general elections of the City of Roswell; to repeal con flicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority was passed.
SB 278. By Senators Johnson of the 38th, Maclntyre of the 40th, Coggin of the 35th, Salome of the 36th and many others: A bill establishing a new charter for the City of Atlanta; 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 passage of the bill, the ayes were 36, nays 0.

The bill, having received the requisite constitutional majority was passed.
SB 288. By Senators Wesberry of the 37th, Brown of the 34th, Salome of the 36th, Coggin of the 35th and many others:
A bill to amend an act approved February 21, 1951, (Ga. L. 1951, p. 3006 et seq.), to consolidate the offices of Fulton County tax receiver and tax collector into the office of tax commissioner; fix effective date; create of fice of chief deputy tax commissioner; 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.

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JOURNAL OF THE SENATE,

SB 289. By Senators Brown of the 34th, Brewer of the 39th, Maclntyre of the 40th, Coggin of the 35th and Salome of the 36th:
A bill to amend an act establishing a new charter for the City of College Park, Georgia, approved December 16, 1895, and the several acts amend atory thereof; and for other purposes.

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

On the passage of the bill, the ayes were 29, nays 0.

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

SB 293. By Senator Smith of the 18th:
A bill to amend an act creating a new charter for the City of Perry, approved March 29, 1937, (Ga. L. 1937, p. 2020), as amended, so as to provide for numbered city council posts; 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.

SB 295. By Senators Kendrick of the 32nd and Yancey of the 33rd:
A bill to amend an act incorporating the City of Powder Springs, ap proved August 5, 1920, (Ga. L. 1920, p. 1437), as amended, so as to extend the corporate limits of the City of Powder Springs; 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.

SB 302. By Senator Moore of the 31st:
A bill to confer upon Polk County the right to condemn private property and all rights therein for the purpose of small watershed projects and

WEDNESDAY, FEBRUARY 12, 1964

487

for watershed protection and flood control; 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 303. By Senator Moore of the 31st: A bill to amend an act establishing a new charter for the City of Cedartown, approved March 29, 1937, (Ga. L. 1937, p. 1595), so as to provide that the City of Cedartown shall not defray the expense of primary elections; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 784. By Messrs. Richardson, Punk and Shea of Chatham: A bill to amend an act relating to and incorporating the mayor and aldermen of the City of Savannah, so as to remove therefrom procedures for collection charges for certain services performed by said city and their disposition; and for other purposes.
The report 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 822. By Messrs. Shea, Richardson and Funk of Chatham: A bill to amend an act prescribing and establishing the compensation of the clerk of the Superior Court, Eastern Judicial Circuit, Chatham County, Georgia; and for other purposes.

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JOURNAL OF THE SENATE,

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

On the passage of the bill, the ayes were 29, nays 0.

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

HB 823. By Messrs. Shea, Richardson and Funk of Chatham:
A bill to amend an act amending the several acts creating and relative to the City Court of Savannah, so as to increase the salary of the sheriff of the City Court of Savannah; and for other purposes.

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

On the passage of the bill, the ayes were 28, nays 0.

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

HB 829. By Mr. Smith of Telfair:
A bill vesting in the City of McRae fee simple title to a certain tract of land in said city, said tract of land being all that part of Kurt Street that lies between Oak Street on the Northeast and Parsonage Street on the Southwest; and for other purposes.

The report 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 901. By Mr. Smith of Camden: A bill to create and establish the St. Mary's Airport Authority; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.

WEDNESDAY, FEBRUARY 12, 1964

489

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

HB 902. By Mr. Smith of Camden: A bill to amend an act establishing the Kingsland City charter; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 658. By Mr. Flournoy of Cobb: A bill to create a court to be known as the "Civil Court of Cobb County"; to define its jurisdiction and powers; to abolish the Justice Court for the 898th District; to abolish the office of Justice of the Peace and Notary Public, Ex Officio Justice of the Peace and the office of Constable; and for other purposes.
The report 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 840. By Mr. Poss of Madison: A bill to amend an act incorporating the City of Danielsville, so as to change the terms of councilmen; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 842. By Messrs. Richardson, Funk and- Shea of Chatham: A bill to amend an act providing for the compensation of the ordinary of Chatham County; and for other purposes.

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JOURNAL OF THE SENATE,

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

On the passage of the bill, the ayes were 29, nays 0.

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

HB 833. By Mr. Moate of Hancock:
A bill to place the sheriff, ordinary and the clerk of the Superior Court of Hancock County on an annual salary in lieu of the fee system of compensation; and for other purposes.
Senator Kidd of the 25th offered the following amendment: Amend HB 833 by striking from the third paragraph of Section 2
the symbol and figures "$1,500.00", and substituting in lieu thereof the following: "$3,000.00" so that when so amended the third paragraph of Section 2 shall read as follows:
"The Sheriff shall be personally responsible for furnishing an automobile to be used by him in the performance of his duties and the Sheriff shall be compensated for said automobile in the amount of $3,000.00 per annum, to be paid in twelve equal monthly install ments on the last business day of each calendar month from the funds of Hancock County."

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, was agreed to as amended.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed amended.
HB 825. By Messrs. Shea, Richardson and Funk of Chatham: A bill to amend an act prescribing and establishing compensation for the coroner of Chatham County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, FEBRUARY 12, 1964

491

On the passage of the bill, the ayes were 29, nays 0.

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

HB 837. By Mr. Harrell of Fayette:
A bill to amend an act creating a new charter for the City of Fayetteville, so as to change the method of filling vacancies; and for other purposes.

The report 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 874. By Messrs. Pope and Coker of Cherokee:
A bill to amend an act incorporating the City of Canton, so as to delete a certain described area; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 0.

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

HB 876. By Mr. Hall of Lee:
A bill to provide that in certain counties the clerk of the superior court shall be ex-officio clerk of the ordinary's court for the purpose of at tending such court in all cases for the violation of traffic laws in such 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.

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JOURNAL OF THE SENATE,

HB 877. By Messrs. Pope and Coker of Cherokee:
A bill to amend an act incorporating the City of Canton, so as to provide for employment of a city manager; and for other purposes.

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

On the passage of the bill, the ayes were 29, nays 0.

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

HB 875. By Mr. Jones of Lumpkin:
A bill to provide for the terms of the Superior Court of the Superior Court 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 30, nays 0.

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

HB 900. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act relating to rates to be allowed to publishers for publishing legal advertisements, so as to increase the rates to be allowed 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 906. By Messrs. Moore and Dean of Polk:
A bill to consolidate the offices of tax receiver and tax collector of Polk County into the office of the tax commissioner of Polk County; and for other purposes.

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

WEDNESDAY, FEBRUARY 12, 1964

493

On the passage of the bill, the ayes were 29, nays 0.

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

HB 879. By Messrs. Pope and Coker of Cherokee:
A bill to amend an act incorporating the City of Canton, so as to increase the corporate limits; and for other purposes.

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

On the passage of the bill, the ayes were 28, nays 0.

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

HB 883. By Mr. Reaves of Brooks:
A bill to amend an act relating to fees for coroners, so as to change the compensation of 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 passage of the bill, the ayes were 28, nays 0.

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

HB 898. By Mr. Wells of Oconee:
A bill to amend an act incorporating the Town of Bogart in Oconee County; and for other purposes.

The report of the committee, which was favorable to the passage of the biH, 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 897. By Mr. Hill of Meriwether: A bill to amend an act incorporating the Town of Greenville, so as

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JOURNAL OF THE SENATE,

to increase the maximum ad valorem tax rate which may be levied upon property within 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 29, nays 0.

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

HB 910. By Messrs. Flournoy, Teague and Wilson of Cobb: A bill to amend an act creating the "Acworth Lake 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 903. By Mr. Smith of Camden: A bill to amend an act incorporating the City of St. Mary's; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 904. By Mr. Smith of Camden: A bill to amend an act incorporating the City of Kingsland 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 30, nays 0.

WEDNESDAY, FEBRUARY 12, 1964

495

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

HB 911. By Messrs. Caldwell and Echols of Upson: A bill to increase the compensation of the chairman of the Board of Roads and Revenues of Upson 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 918. By Mr. Williams of Hall: A bill authorizing Hall County and the governing authority of Hall County to provide for the construction, grading, paving, repairing, and maintenance of roads, streets, curbs and sidewalks within any approved subdivision located within the unincorporated areas of said county whose plat is on record in the clerk's office of the Superior 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.
The bill, having received the requisite constitutional majority, was passed.
HB 924. By Messrs. Overby and Williams of Hall: A bill to create the Gainesville and Hall 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 925. By Messrs. Richardson, Funk and Shea of Chatham: A bill to amend an act granting a legislative charter for the Town

496

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of Pooler, so as to authorize the taxation of gas 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 29, nays 0.

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

HB 935. By Mr. Poole of Pickens: A bill to amend an act 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 933. By Mr. Stalnaker of Houston: A bill to amend an act incorporating the City of Centerville; and for other purposes.
The report 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 946. By Messrs. Morgan and Story of Gwinnett: A bill to amend an act creating the Gwinnett Judicial Circuit, so as to provide for the attendance of the Grand Jury at the May and July terms of court, and at the November and January terms of court, in the discretion of the judge; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, FEBRUARY 12, 1964

497

On the passage of the bill, the ayes were 29, nays 0.

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

HB 956. By Mr. Carr of Washington:
A bill to amend an act incorporating the City of Sandersville, so as to increase the compensation of the mayor, mayor-pro-tem, and aldermen of the City of Sandersville; and for other purposes.

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

On the passage of the bill, the ayes were 28, nays 0.

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

HB 862. By Mr. Rainey of Crisp:
A bill to amend an act creating a Board of County Commissioners for the County of Crisp, so as to change the provisions relating to the election of County Commissioners; and for other purposes.

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

On the passage of the bill, the ayes were 28, nays 0.

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

HB 863. By Messrs. Wiggins and Duncan of Carroll:
A bill to amend an act granting corporate authority to the City of Carrollton, so as to change the maximum compensation of the councilmen of the City of Carrollton; and for other purposes.

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

On the passage of the bill, the ayes were 29, nays 0. The bill, having received the requisite constitutional majority, was passed.

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HB 868. By Messrs. Caldwell and Echols 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 of said city and to describe new territory to become a part of 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 959. By Mr. Rogers of Charlton: A bill to consolidate the offices of tax receiver and tax collector of Charlton County into the office of tax commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 965. By Mr. Dorminy of Ben Hill: A bill to amend an act relating to the charter for the City of Fitzgerald; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 966. By Messrs. Lowrey and Jordan of Floyd: A bill to require the Board of Commissioners of Roads and Revenues of Floyd County to conduct an annual audit of all financial records and books of Floyd County; and for other purposes.

WEDNESDAY, FEBRUARY 12, 1964

499

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

On the passage of the bill, the ayes were 28, nays 0.

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

HB 968. By Mr. Rainey of Crisp:
A bill to amend an act creating and establishing a new charter for the City of Cordele, so as to authorize the closing of a certain street; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 982. By Mr. Meeks of Union: A bill to provide that any county official of Union County who handles public funds shall be required, authorized, empowered and directed to have all the books, files and records of their office audited by some certified public accountant licensed in the State of Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 983. By Mr. McCracken of Jefferson: A bill establishing a new charter for the Town of Bartow, so as to change the hours for holding all 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 29, nays 0.

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

HB 986. By Mr. Milford of Franklin:
A bill to reincorporate the City of Canon in the County of Franklin; and for other purposes.

Senator Lee of the 47th offered the following amendment:
Amend HB 986 by striking in its entirety Subsection (t) of Section 1.03; and
By renumbering subsections (u) through (y) as subsections (t) through (x) respectively; and
By striking the word "tricks" as it appears in Subsection (c) of said section, and substituting in lieu thereof the word "trucks".
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, 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 985. By Mr. Carr of Washington:
A bill to amend an act incorporating the City of Sandersville, 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.

WEDNESDAY, FEBRUARY 12, 1964

501

HB 987. By Mr. McCracken of Jefferson:
A bill to amend an act creating the City Court of Louisville; and for other purposes.

The report 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 992. By Messrs. Newton and Matthews of Colquitt:
A bill to amend the charter of the City of Moultrie; to define 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 28, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 993. 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 provide for a change in the millage rate on all taxable property in the City of Moultrie; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1006. By Mr. Fowler of Douglas: A bill to amend an act creating a new charter for the City of Douglasville, so as to change the date on which the election for mayor and members of council shall be held; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1007. By Mr. Fowler of Douglas: A bill to amend an act creating a new charter for the City of Douglasville and relating to the employment of a City Manager; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.

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

SR 163. By Senator Smalley of the 28th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize Spalding County, in unincorporated areas, to construct, pave, maintain 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; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article XI of the Constitution, as amended, is hereby amended by adding at the end thereof the following:
"Within the unincorporated areas of Spalding County the Com missioners of Roads and Revenues of Spalding County, as the govern ing authority of said County, shall have full power and authority to construct, pave, maintain and otherwise improve public streets, roadways and sidewalks, and to assess all or a portion of the cost of such construction, pavement, maintenance or improvement against

WEDNESDAY, FEBRUARY 12, 1964

503

the abutting property owners thereof, and to provide for the is suance and enforcement of execution for the collection of such assessments, and for the creation of liens thereby against such abutting property. In all such cases, however, the cost shall be determined and assessed under uniform rules and regulations as adopted from time to time by the governing authority of Spalding County and applied uniformly to all roads, streets, sidewalks and properties of the same class, and similarly situated, and further provided that such rules and regulations as initially adopted may be changed, rescinded, modified, and amended from time to time by the governing authority of Spalding County, with the effective date of any such change, rescission, modification or amendment being at least thirty days after publication of notice of such change, rescission, modification or amendment one time in the newspaper in which sheriffs' advertisements are published in Spalding 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 proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution authorizing Spalding County, in unincorporated areas, to construct, pave, maintain and improve public streets, roads and sidewalks, and as sess all or a portion of the cost of same against abutting property and the owners thereof.
"Against ratification of amendment to the Constitution auth orizing Spalding County, in unincorporated areas, to construct, pave, maintain 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."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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

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

Those voting in the affirmative were Senators:

Broun of 46th Brown of 34th Carlton Carter Conway Downing Ellis Gayner Gillis Gordy Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Loggins Maclntyre McKinnon Oliver Phillips

Plunkett Rowan Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

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

On the adoption of the resolution, the ayes were 36, nays 0.

The resolution, having received the requisite constitutional two-thirds majority, was adopted.

SR 180. By Senator Harrison of the 48th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize Bar row County to levy a tax not to exceed one (1) mill for the purpose of encouraging and promoting the expansion and development of commer cial and industrial facilities in Barrow County; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article V, Section IX of the Constitution, as amended by an amendment ratified at the November 1962 General Election and found in Georgia Laws 1962, p. 1027, creating the Barrow County Industrial Building Authority, is hereby amended by adding at the end of para graph G. of the aforesaid 1962 amendment the following:
"Provided, however, the governing authority of Barrow County is hereby authorized to levy a tax not to exceed one (1) mill on all

WEDNESDAY, FEBRUARY 12, 1964

505

the taxable property located in said County for the purpose of en couraging and promoting the expansion and development of indus trial and commercial facilities in Barrow County, and is hereby authorized to remit to the Authority all or part of the proceeds of the tax levied to be used by the Authority only for the purpose of applying such funds to indebtedness incurred by the Authority, which shall include payment of funds towards the retirement of any revenue bonds or certificates issued by the Authority."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to authorize Barrow County to levy a tax not to exceed one (1) mill for the purpose of encouraging and promoting the expansion and development of commercial and industrial facilities in Barrow County.

"Against ratification of amendment to the Constitution so as to authorize Barrow County to levy a tax not to exceed one (1) mill for the purpose of encouraging and promoting the expansion and development of commercial and industrial facilities in Barrow County."

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

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

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

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

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JOURNAL OP THE SENATE,

Those voting in the affirmative were Senators:

Broun Brown Carlton Carter Conway Downing Ellis Gayner Gillis Gordy Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd . Lee Logging Maclntyre McKinnon Oliver Phillips

Plunkett Rowan Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

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

On the adoption of the resolution, the ayes were 36, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

SR 187. By Senator Rowan of the 8th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for an additional member of the Board of Education of Berrien County; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end of the first paragraph thereof the following:
"Provided, however, the Board of Education of Berrien County shall be composed of six freeholders who shall be selected in the same manner as provided for above."
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

WEDNESDAY, FEBRUARY 12, 1964

507

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 pro vide for an additional member of the Board of Education of Berrien County.

"Against ratification of amendment to the Constitution so as to provide for an additional member to the Board of Education of Ber rien County."

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

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

The report of the committee, which was favorable to the adoption of the 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 Brown Carlton Carter Conway Downing Ellis Gayner Gillis Gordy Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Loggins Maclntyre McKinnon Oliver Phillips

Plunkett Rowan Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

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

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JOURNAL OF THE SENATE,

On adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
SR 188. By Senator Smith of the 18th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Warner Robins Development Authority; to provide for powers and authority of the Authority; to provide the procedure connected there with; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article V, Section IX of the Constitution is hereby amended by adding at the end thereof the following:

"A. There is hereby created a body corporate and politic in the City of Warner Robins in Houston County to be known as the War ner Robins Development Authority, which shall be an instrumen tality of the City of Warner Robins and a public corporation and which in this amendment is hereafter referred to as the 'Authority.';

"B. The Authority shall consist of the Mayor of the City of Warner Robins, the President of the Chamber of Commerce of Warner Robins, the chairman of the governing authority of Houston County, and four additional members who shall be appointed by the Mayor and Council of Warner Robins. The persons so appointed shall be appointed in such a manner that their initial terms of office shall be for 1 to 4 years, respectively. Thereafter, all such members shall serve for terms of office for 4 years each.

"C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of the City of Warner Robins, Georgia;

"D. The powers of the Authority shall include, but not be limited to, the power:

(1) To receive and administer gifts, grants and donations and to administer trusts;

(2) To borrow money, to issue notes, bonds and revenue certifi cates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

(3) To contract with political subdivisions of the State of Geor gia and with private persons and corporations and to sue and be sued in its corporate name;

WEDNESDAY, FEBRUARY 12, 1964

509

(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 the City of Warner Robins, and to that end to acquire by purchase or gift any building or struc ture within aforesaid territorial limits suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, 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, finishing and equipping of such building;

(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues, which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses with the Authority may have incurred in connection with the undertaking.

(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

(8) To designate officers to sign and act for the Authority generally or in any specific matter;

(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia, Houston County, or City of Warner Robins.

"P. The members of the Authority shall receive no compensa tion for their services to the Authority;

"G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is

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hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761) as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obli gations had been originally authorized to be issued thereunder; pro vided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Author ity. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of either Houston County or the City of Warner Robins to pay any of the said obligations of said Authority;

"H. The Authority may authorize additional bonds, for exten sions and permanent improvements to any industrial building ac quired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings.

"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:

(1) The undertaking for which the bonds are to be issued will increase employment within the territorial limits herein designated.

(2) The lessee or purchaser of the building or buildings in volved will not by virtue of establishing operations in said territorial limits, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia.

"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or 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 the
Authority at the time of such dissolution shall revert to the City of Warner Robins subject to any mortgages, liens, leases or other en cumbrances 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

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511

in the City of Warner Robins and its vicinity and reducing unem ployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.
"M. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.

"N. The General Assembly may by law further define and pre scribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the City of Warner Robins and the scope of its operations shall be limited to the territory em braced within said city. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits.
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such 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 pro vide for the Warner Robins Development Authority;
"Against ratification of amendment to the Constitution so as to provide for the Warner Robins Development Authority."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

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

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

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JOURNAL OF THE SENATE,

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

Those voting in the affirmative were Senators:

Broun Brown Carlton Carter Conway Downing Ellis Gayner Gillis Gordy Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Loggins Maclntyre McKinnon Oliver Phillips

Plunkett Rowan Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

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

On adoption of the resolution, the ayes were 36, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

SR 192. By Senators Kendrick of the 32nd and Yancey of the 33rd:
A RESOLUTION
Proposing an Amendment to Article VII, Section VII, Paragraph V, of the Constitution of the State of Georgia, so as to authorize the City of Austell to issue revenue anticipation obligations for the purpose of con structing, extending, operating and maintaining gas generating and dis tribution systems, together with all necessary appurtenances thereof, by adoption of a Resolution by the governing body of the City of Austell and without an election; to provide the effective date of this Amend ment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article VII, Section VII, Paragraph V, of the Constitu tion, incorporated in the Code of Georgia of 1933 as Section 2-6005, shall be amended by adding at the end thereof a new paragraph which shall read as follows:

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513

"Notwithstanding any provisions of this Constitution to the con trary, the City of Austell is authorized and hereby empowered and granted the right, power and authority to issue revenue anticipation obligations for the purpose of constructing, extending, operating and maintaining gas generating and distribution systems, as authorized in Paragraph V of Article VII, Section VII, of the Constitution of the State of Georgia, by adoption of a Resolution by the governing body of the City of Austell and without an election."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VII, Section VII, Para graph V of the Constitution so as to authorize the City of Austell to issue revenue anticipation obligations for the purpose of constructing, extending, operating and maintaining gas generating and distribution systems, as authorized in Paragraph V of Article VII, Section VII, of the Constitution of the State of Georgia, by adoption of a Resolution by the governing body of the City of Austell and without an election."
"Against ratification of amendment to Article VII, Section VII, Paragraph V of the Constitution so as to authorize the City of Austell to issue revenue anticipation obligations for the purpose of constructing, extending, operating and maintaining gas generating and distribution systems, as authorized in Paragraph V of Article VII, Section VII, of the Constitution of the State of Georgia, by adoption of a Resolution by the governing body of the City of Austell and without an election."
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 Assambly, 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:

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Those voting in the affirmative were Senators:

Broun Brown Carlton Carter Conway Downing Ellis Gayner Gillis Gordy Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Loggins Maclntyre McKinnon Oliver Phillips

Plunkett Rowan Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

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

On the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 324. My Messrs. Etheridge, Brooks and McClelland of Fulton:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the abolition of the office of Coroner of Fulton County and the creation of the office of Medical Examiner of Fulton County and to provide for the submission of this amendment for ratification, or rejection, and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article II, Section I, Paragraph VI, of the Constitution is hereby amended by adding at the end thereof the following:
"And the General Assembly may abolish the office of Coroner of Fulton County, may create the office of Medical Examiner of Fulton County, prescribing the powers, duties and functions of such office all without respect to uniformity."
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, the same shall have been entered

I

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515

upon their journals with "ayes" and "nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia, 1945, as amended.

The ballots admitting 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 abolish the office of Coroner of Fulton County and create the office of Medical Examiner of Fulton County.

"Against ratification of the amendment to the Constitution so as to authorize the General Assembly to abolish the office of Coroner of Fulton County and to create the office of Medical Examiner of Fulton County."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification of the amendment. If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall be come 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:

Broun Brown Carlton Carter Conway Downing Ellis Gayner Gillis Gordy Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Loggins Maclntyre McKinnon Oliver Phillips

Plunkett Rowan Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

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

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On adoption of the resolution, the ayes were 36, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 361. By Messrs. Caldwell and Echols of Upson:
A RESOLUTION
Proposing an amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia so as to authorize the City of Thomaston and its governing authority to combine and operate the water and sewerage system and electric system of said City as one revenue undertaking and issue revenue bonds for the purpose of acquiring, add ing to, extending and improving any facility of such combined utility and to secure the payment of said bonds and interest thereon by pledging the revenues of such combined public utility for that purpose; to provide the method and procedure for the issuance of said bonds to empower said City to contract with and indemnity users (both within and without the limits of said City) of said system; to provide the effective date of this amendment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section VII, Paragraph V of the Constitution incorpo rated in the Code of Georgia of 1933 as Section 2-6005, shall be amended by adding at the end thereof a new paragraph which shall read as follows:
"3. Notwithstanding any provisions of this Constitution to the con trary the City of Thomaston and its governing authority are authorized and hereby empowered and granted the right, power and authority to combine the water and sewerage system and electric system now being maintained and operated by said City and to maintain, repair and oper ate such combined public utility as one revenue producing undertaking and to serve, with any or all the facilities of said combined utility any and all persons, firms, corporations, municipalities and political sub divisions (located either within or without the limits of said City) and to enter into contracts to provide such services to such persons, firms, corporations, municipalities and political subdivisions and to agree by contract to indemnify any of such users of said facility for any and all liability for damages incurred by or devolving upon said users as a re sult of the operation, construction, maintaining and use by said City of any facility of said combined utility and to issue from time to time interest bearing revenue anticipation obligations to be known and desig nated as 'Public Utilities Revenue Bonds' for the purpose of acquiring, constructing, adding to, extending, improving and equipping any facility of such combined utility and to pledge for the payment of the principal

WEDNESDAY, FEBRUARY 12, 1964

517

of and interest on such public utilities revenue bonds all or any part of the revenues of such combined public utility and to create a lien thereon for that purpose, subject to any liens heretofore created thereon by law or contract. No election to authorize the issuance of said bonds shall be required and the pledge of revenues from the combined public utility shall not be a debt of the City of Thomaston within the meaning of Article VII, Section VII, Paragraph I of this Constitution. Such bonds may be issued from time to time bearing such rate or rates of interest as authorized by law and maturing within thirty (30) years from their date in the years and amounts as determined by a majority vote of the governing body of the City of Thomaston and when so authorized the procedure of the issuance and delivery including validation shall be in all respects in accordance with the Revenue Bond Law as now enacted and any amendments thereto which law was originally known as the 'Revenue Certificate Law of 1937.'

The rights, powers, and authority herein conferred upon the City of Thomaston and its governing authority are self-executing and no en abling act of the General Assembly shall be necessary and are hereby made cumulative of and in addition to such other rights, powers and authority as they may have under the Constitution and laws of the State."
SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to Article VII, Section VII, Para graph V of the Constitution so as to authorize the City of Thomaston and its governing authority to combine and operate the water and sewerage system and the electric system of said City as one revenue pro ducing utility and to contract to serve and indemnify users of said facili ties, both within and without said City and to issue revenue bonds for acquiring, adding to, extending and improving any facility of such com bined utility and to secure the payment of such bonds and interest thereon by pledging the revenues of the combined utility for that purpose."

"Against ratification of amendment to Article VII, Section VII, Paragraph V of the Constitution so as to authorize the City of Thomaston and its governing authority to combine and operate the water and sewerage system and the electric system of said City as one revenue producing utility and to contract to serve and indemnify users of said facilities, both within and without said City and to issue revenue bonds for acquiring, adding to, extending and improving any facility of such

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combined utility and to secure the payment of such bonds and interest thereon by pledging the revenues of the combined utility for that pur pose."

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 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 Brown Carlton Carter Conway Downing Ellis Gayner Gillis Gordy Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Loggins Maclntyre McKinnon Oliver Phillips

Plunkett Rowan Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

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

On the adoption of the resolution, the ayes were 36, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

WEDNESDAY, FEBRUARY 12, 1964

519

HR 363. By Mr. Moate of Hancock:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide for the appointment of the County School Superintendent of Hancock County by the Board of Education of Hancock County; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:

SECTION 1

Article 'VIII, Section VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"Effective at the end of the present term of the County School Superintendent of Hancock County, the Board of Education of Han cock County shall appoint the County School Superintendent. The person serving as Superintendent at the time of the ratification of this amendment shall continue to serve until the end of his present term on December 31, 1964. In the event, however, that a vacancy occurs in such office prior to the end of said term, the Board of Education shall appoint a person to serve as Superintendent. No election for County School Superintendent shall be held after the ratification of this amendment. The Board shall appoint a person to take office as Superintendent on January 1, 1965. The Superintend ent shall serve at the pleasure of the Board. The County School Superintendent of Hancock County, as provided for herein, shall be subject to all constitutional and all statutory provisions relative to County School Superintendents unless such provisions are in conflict with the provisions of this amendment."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to pro vide for the appointment of the County School Superintendent of Hancock County by the Board of Education of Hancock County.

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"Against ratification of amendment to the Constitution so as to provide for the appointment of the County School Superintendent of Hancock County by the Board of Education of Hancock County."

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

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

The report of the committee, which was favorable to the adoption of the 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 Brown Carlton Carter Conway Downing Ellis Gayner Gillis Gordy Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Loggins Maclntyre McKinnon Owens Phillips

Plunkett Rowan Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

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

On the adoption of the resolution, the ayes were 36, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

WEDNESDAY, FEBRUARY 12, 1964

521

HR 365. By Messrs. Shea, Richardson and Funk of Chatham:

A RESOLUTION

Proposing an amendment to the Constitution, so as to provide for the establishment of fire protection districts, sewerage and sanitation districts and water works districts in Chatham County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section IV, Paragraph II of the Constitution, relating to the districting of counties is hereby amended by adding at the end thereof the following:

"The General Assembly of Georgia is hereby authorized to grant to the governing authority of Chatham County the authority to dis trict areas outside the municipalities in said county for the purpose of providing systems of water works, sewerage, sanitation and fire protection and to authorize said county to levy a tax only upon the taxable property in such district for the purpose of constructing and maintaining such improvements. The total levy provided for herein shall be levied without allowance of any exemptions heretofore set forth in the Constitution and Laws of this State. The provisions of this amendment shall not become effective in any district until and unless a majority of the voters voting in an election called for said purpose in said district first approve by a vote the establishment of a district for said purposes. The provisions contained herein shall in no wise affect any private water and sewerage systems in exist ence at the time of the approval of any such district by the voters thereof."
SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to authorize the General Assembly to grant the authority of Chatham County the right to district areas in said county outside municipali ties for the purpose of providing systems of water works, sewerage, sanitation and fire protection and to authorize said county to levy a

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tax only upon the taxable property in such districts for the purpose of constructing and maintaining such improvements. The total levy provided for herein shall be levied without allowance of any exemp tions heretofore set forth in the Constitution and Laws of this State. The provision of this amendment after adoption shall not become ef fective in any district wherein private water and sewerage systems now exist or are established until and unless a majority of the voters voting in an election called for said purpose in said district first approve by a vote the establishment of a district for said purposes.

"Against ratification of amendment to the Constitution so as to authorize the General Assembly to grant the governing authority of Chatham County the right to district areas in said county outside municipalities for the purpose of providing systems of water works, sewerage, sanitation and fire protection and to authorize said county to levy a tax only upon the taxable property in such districts for the purpose of constructing and maintaining such improvements. The total levy provided for herein shall be levied without allowance of any exemptions heretofore set forth in the Constitution and Laws of this State. The provision of this amendment after adoption shall not become effective in any district wherein private water and sew erage systems now exist or are established until and unless a ma jority of the voters voting in an election called for said purpose in said district first approve by a vote the establishment of a district for said purposes."

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

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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, FEBRUARY 12, 1964

523

Those voting in the affirmative were Senators:

Broun of 46th Brown of 34th Carlton Carter Conway Downing Ellis Gayner Gillis Gordy Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Loggins Maclntyre McKinnon Oliver Phillips

Plunkett Rowan Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

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

On the adoption of the resolution, the ayes were 36, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 379. By Mr. Wells of Oconee:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Oconee County by the people; to provide for the election of the Chairman of the Board of Education; to provide for filling vacancies on the Board; to provide for the submission of this amendment for rejection or ratification; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
aif). jo I qdejSBjBj 'A uorpag 'IHA 8PWJV 'I tion, relating to county boards of education, as amended, is hereby amended by adding at the end thereof the following:
"The Board of Education of Oconee County shall be composed of five (5) members. The Chairman and the four (4) other mem bers of the Board shall be elected by the voters of the entire county. The five (5) memberships on the Board shall be designated as post numbers 1 through 5, respectively. The individual elected to Post Number 1 shall be the Chairman of the Board. Those candi dates offering for election to the Board of Education of Oconee County shall specifically designate their intention of running for a particular post by number. To be elected to such post, the candi date must receive the highest number of votes cast and at the

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same time the candidate must receive a majority of the total votes cast toward filling such vacancy. Any vacancy occurring in the membership of the Board of Education of Oconee County, for any cause whatsoever, shall be filled by the majority vote of the re maining members of the Board of Education.

"In the event this amendment is ratified, the first election for members of the Board of Oconee County created herein shall be at the same time as the general election in 1966. The persons elected at such first election shall take office on January 1, 1967, for terms of office of two (2) years each and until their successors are elected and qualified. The second election for members of the Board of Education of Oconee County shall be held at the same time as the election for county officers of Oconee County is held in 1968. The persons elected at such second election shall take office on January 1, 1969, for terms of office of four (4) years each and until their successors are elected and qualified. An election shall be held quad rennially thereafter for membership on the Board of Education of Oconee County at the same time as the election for county officers is held and the persons elected shall take office on the first day of January immediately following the election for terms of office of four (4) years each and until their successors are elected and
qualified.

"The Board of Education in Oconee County in existence at the time of ratification of this amendment is hereby abolished De cember 31, 1966, and the terms of all members of such Board shall expire at that time.

"The Board of Education of Oconee County as provided for herein shall be subject to all constitutional and statutory provisions relative to county boards of education, unless such provisions are in conflict with the provisions of this amendment."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Oconee County by the people.

"Against ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Oconee County by the people."

WEDNESDAY, FEBRUARY 12, 1964

525

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:

Broun of 46th Brown of 34th Carlton Carter Conway Downing Ellis Gayner Gillis Gordy Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Loggins Maclntyre McKinnon Oliver Phillips

Plunkett Rowan Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

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

On the adoption of the resolution, the ayes were 36, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 380. By Messrs. Snow and Abney of Walker:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the Walker County Development Authority to issue bonds and to authorize the General Assembly to grant such powers, duties, and

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authority as it shall deem fit to the Authority; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section VII, Paragraph I, of the Constitu tion is hereby amended by adding at the end of that paragraph of said Paragraph I which reads as follows:

"There is hereby created a body corporate and politic to be known as the 'Walker County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by Walker County. The county may contract with the Authority as a public corporation as provided by the Constitution of Georgia."

the following:

"The Authority shall have such powers, duties, and authority as the General Assembly of Georgia shall provide. Without limiting the foregoing, the Authority is hereby granted the power to issue bonds to finance any undertaking within its purposes as defined herein or by Act of the General Assembly, and such bonds shall be issued in accordance with the procedure of the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, or as it may be amended."

Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken there on, 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 grant such powers to the Author ity as it shall deem fit.

"Against ratification of amendment to the Constitution so as to authorize the Walker County Development Authority to issue bonds and to authorize the General Assembly to grant such powers to the Authority as it shall deem fit."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

WEDNESDAY, FEBRUARY 12, 1964

527

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 to the Governor, who shall issue his proclamation thereon.

Senator Loggins of the 53rd offered the following amendment:
To amend HR 380 proposing an amendment to Article VII, Section VII, Paragraph I of the Constitution, relating to the Walker County Development Authority, and adopted at the 1964 Session of the General Assembly, so as to make said amendment applicable to Article VII, Section V, Paragraph I of the Constitution; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. A Resolution proposing an amendment to Article VII, Section VII, Paragraph I of the Constitution, relating to the Walker County Development Authority, and adopted at the 1964 Session of the General Assembly, is hereby amended by striking from Section 1 thereof the following: "Article VII, Section VII, Paragraph I" and substituting in lieu thereof the following:
"Article VII, Section V, Paragraph I".
Section 2. All laws and parts of laws in conflict with this Resolu tion are hereby repealed.

On the adoption of the amendment, the ayes were 28, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, 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:

Broun of 46th Brown of 34th Carlton Carter Conway Downing Ellis Gayner Gillis Gordy Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Loggins Maclntyre McKinnon Oliver Phillips

Plunkett Rowan Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

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

On the adoption of the resolution, the ayes were 36, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted, as amended.
HR 381. By Mr. Vaughn of Rockdale:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the debt limitation of Rockdale County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section VII, Paragraph I of the Consti tution is hereby amended by adding at the end thereof the following:
"Effective January 1, 1961, the debt limitation of Rockdale County shall be ten per centum of the assessed value of all the taxable property therein in lieu of the seven per centum limitation heretofore prescribed in this Paragraph."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken there on, 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 increase the debt limitation of Rockdale County."
"Against ratification of amendment to the Constitution so as to increase the debt limitation of Rockdale County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this

WEDNESDAY, FEBRUARY 12, 1964

529

State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

Senator Ellis of the 44th offered the following amendment:

Amend HR 381 by striking from Section 1 the figure "1961" and inserting in lieu thereof the figure "1965".

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 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:

Broun of 46th Brown of 34th Carlton Carter Conway Downing Ellis Gayner Gillis Gordy Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Loggins Maclntyre McKinnon Oliver Phillips

Plunkett Rowan Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

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

On the adoption of the resolution, the ayes were 36, nays 0.

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

HR 382. By Mr. Smith of Camden:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the governing authority of Camden County, Georgia, to bind said

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County by contract with any corporation, partnership, firm, or indi vidual so as to provide a stabilized property tax program for said County; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VIII, Section I of the Constitution, relating to powers, limitations, and uniformity of taxation and to exemptions there from, is hereby amended by adding a new paragraph at the end thereof, to read as follows:

"The County of Camden in the State of Georgia is hereby granted authority to bind itself by contract to a stabilized property tax program with any corporation, partnership, firm or individual."

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 grant authority to Camden County, Georgia, to bind itself by con tract to a stabilized property tax program.

"Against ratification of amendment to the Constitution so as to grant authority to Camden County, Georgia, to bind itself by contract to a stabilized property tax program."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all 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 re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain and certify the result thereof 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.

WEDNESDAY, FEBRUARY 12, 1964

531

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 Brown of 34th Carlton Carter Conway Downing Ellis Gayner Gillis Gordy Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Loggins Maclntyre McKinnon Oliver Phillips

Plunkett Rowan Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

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

On the adoption of the resloution, the ayes were 36, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 383. By Mr. Roberts of Jones:
A RESOLUTION
Proposing to the qualified voters an amendment to the Constitution, so as to provide for the election of the members of the Board of Educa tion of Jones County by the people; to provide for the qualifications and terms of office; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitution, relating to county boards of education, is hereby amended by adding at the end thereof the following:
"There is hereby created a new board to be known as the Board of Education of Jones County, which shall have the same powers and duties as the present county board. The County of Jones shall compose one (1) school district and shall be confined to the control and management of the Board of Education of Jones County. The Board of Education of Jones County shall consist of five (5) at large members who shall be elected by the qualified voters of the

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JOURNAL OF THE SENATE,

entire county for terms of office of four (4) years each and until their successors are elected and qualified. The five (5) candidates receiving the highest number of votes shall be deemed elected. The board shall elect a Chairman from among its members at its first regular meeting after the beginning of each new four (4) year term. Any vacancy occurring in the membership of the Board of Education of Jones County, for any cause whatsoever, shall be filled by the majority vote of the remaining members of the Board of Education.

"In order to be eligible to hold office as a member of said Board, a person must be of good moral character, favorable to the common school system, have at least a fair knowledge of the elementary branch of the English education, and must be qualified to vote for members of the General Assembly. No person shall be eligible for membership on the Board who has not been a resident of Jones County for at least one year immediately preceding the date of his elections to said Board, and unless such person is a free holder.

"Not later than ten days after the ratification of this amend ment, it shall be the duty of the Ordinary of Jones County to issue the call for an election for the purpose of electing the members of the Board of Education of Jones County. The day of such election shall be set for a day not less than fifteen (15) nor more than twenty (20) days from the date of issuance of the call thereof. It shall be the duty of the Ordinary to publish the date of the elec tion, the purpose thereof, and a brief description of the procedure connected therewith, once a week for two weeks immediately pre ceding the date thereof in the official organ of Jones County. All members elected at such election shall take office January 1, 1965, and their term of office shall expire on December 31, 1968. The successors to such members shall be elected for a term of four years and shall be elected at the same time that county officers of Jones County are elected.
"The Board of Education of Jones 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."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken there on, 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 provide for the election of the members of the Board of Education of Jones County by the people.

WEDNESDAY, FEBRUARY 12, 1964

533

"Against ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Jones County by the people."

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

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

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

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

Those voting in the affirmative were Senators:

Broun of 46th Brown of 34th Carlton Carter Conway Downing Ellis Gayner Gillis Gordy Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Loggins Maclntyre McKinnon Oliver Phillips

Plunkett Rowan Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

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

On the adoption of the resolution, the ayes were 36, nays 0.

The resolution, having received the requisite constitutional two-thirds mapority, was adopted.

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JOURNAL OP THE SENATE,

HR 392. By Messrs. Ware and Spikes of Troup:

A RESOLUTION

Proposing an amendment to the Constitution so as to create the LaGrange Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"A. There is hereby created a body corporate and politic in the City of LaGrange in Troup County to be known as the LaGrange Development Authority, which shall be an instrumentality of the City of LaGrange and a public corporation and which in this amend ment is hereafter referred to as the 'Authority';

"B. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible for reappointment. The members shall be appointed by the Mayor and Council of the City of LaGrange. The first members shall be appointed for terms of one, two, three, four and five years, respectively, and thereafter their successors shall be appointed for terms of five years. Members shall serve until their successors are duly appointed and qualified. Vacancies shall be filled for the unexpired term by the mayor and council. A majority of members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No member of the Authority shall be the mayor nor a member of the council of the City of LaGrange, but there shall be no other disqualification to hold public office by reason of membership in the Authority;

"C. The property, obligations and interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of the City of LaGrange. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority;

"D. The powers of the Authority shall include, but not be limited to, the power:

(1) To buy, acquire, accept and give options upon, develop, improve, own, operate, maintain, sell, lease, as lessor or lessee, and mortgage land, buildings and real and personal property of all kinds within the City of LaGrange;

WEDNESDAY, FEBRUARY 12, 1964

535

(2) To receive and administer gifts, grants and donations and to administer trusts;

(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations oper ating or proposing to operate any industrial plant or establishment within the City of LaGrange. The provisions of this clause shall not be construed to limit any other power of the Authority;

(4) To borrow money for any of its corporate purposes and to issue notes, bonds and debentures and execute deeds to secure debt, trust deeds, trust agreements or indentures, and to sell, con vey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

(5) To issue revenue anticipation certificates or bonds for the purpose of paying all or any part of the cost of any project of the Authority. To exercise all of the rights, powers and privileges and be subject to the same liabilities as a municipality under the provisions of the Revenue Certificate Law of 1937 (Ga. Laws 1937, pp. 761-774), and as amended, with reference to the issuance of such certificates or bonds and validation of same insofar as such pertain to the corporate purposes of the Authority;

(6) To contract with the City of LaGrange and other political subdivisions of the State of Georgia and with private persons and corporations and to sue and to be sued in its corporate name;

(7) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority;

(8) To encourage and promote the expansion and development of industrial, agricultural, recreational and trade facilities in the City of LaGrange, and to make long-range plans therefor, so as to relieve insofar as possible unemployment within its boundaries, and to that end its acquiral by purchase or gift any building or struc ture within the limits of the City of LaGrange suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, fabricating plant, or any other type of structure, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the con struction 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 equip ping of such building. All of such acquisitions of property or ma chinery, equipment or furnishings may be made through the use

536

JOURNAL OF THE SENATE,

of funds derived through the issuance of revenue certificates and all expansions of new or existing facilities may be made through the use of such funds.

(9) To exercise such other powers and duties, consistent with the purposes of the Authority, as may be delegated to it by the Mayor and Council of the City of LaGrange;

(10) 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.

(11) To designate officers to sign and act for the Authority generally or in any specific matter.

(12) 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 City of LaGrange, the State of Georgia, nor Troup County;

"F. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority shall have the same im munity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Au thority may be sued the same as private corporations on any contractual obligation of the Authority;

"G. The members of the Authority shall receive only such compensation for their services to the Authority as shall be author ized by the Mayor and Council of the City of LaGrange but such compensation shall be paid from funds of the Authority;

"H. The City of LaGrange is authorized to levy an annual tax as may be determined by the Mayor and Council of the City of LaGrange, Georgia, but not to exceed two mills, on all taxable property within the city for the support of the Authority and for its use and purposes, and all funds raised by such tax shall be paid and appropriated by the City of LaGrange to the Authority and when paid to the Authority shall become a part of its funds and may be used by it for any of its purposes, and powers as herein stated or as may be hereafter provided by law, which tax shall be in addition to all other taxes authorized by law;

"I. The City of LaGrange is also authorized, in addition to the tax provided above, to appropriate to the Authority such amount from its funds each year as its governing authority shall determine to be appropriate, but not exceeding twenty per cent of its total

WEDNESDAY, FEBRUARY 12, 1964

537

receipts from business licenses for the year, and any funds so appropriated when paid to the Authority shall become a part of its funds and may be used by the Authority in accordance with its powers and purposes as herein stated or as may be hereafter defined by law;

"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or in come may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;

"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of the City of LaGrange and its citizens, industry, agriculture, trade, commerce and recreation within the City of LaGrange, and making of longrange plans for such development and expansion and to authorize the use of public funds of the City of LaGrange for such purposes, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose;
"L. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the City of LaGrange, and the scope of its operations shall be limited to the territory embraced within the City of LaGrange. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of the City of LaGrange;

"M. There shall be no limitation upon the amount of debt which, the Authority may incur, but no debt created by the Au thority shall be a debt of the City of LaGrange, State of Georgia, nor Troup County;
"N. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the City of LaGrange, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time;
"O. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:

(1) The word 'project' shall be deemed to mean and include property, real and/or personal, acquired or held by the Authority for the assistance, promotion, establishment or development of a new industry or industries, or the assistance, promotion or expan-

538

JOURNAL OP THE SENATE,

sion of existing industry, trade or commerce in LaGrange, or any combination thereof; the acquisition of any such property for any such purpose or purposes; the improvement of any such property or properties and/or the construction, installation and/or expansion of one or more buildings, plants, and/or articles of equipment for the purpose of using, selling, donating, leasing and/or renting such land, properties, improvements, structures or equipment to public or private persons, firms, corporations and/or associations for such purposes.

(2) The term 'cost of project' shall embrace: the cost of lands, buildings, improvements, machinery, equipment, properties, ease ments, rights, franchises, materials, labor and services acquired and/or contracted for; the cost of financing charges and/or of interest prior to and during construction; architectural, account ing, engineering, inspection, fiscal and/or legal expenses; cost of plans and/or specifications; and/or any other expenses necessary or incident to construction and/or improvements, and/or to deter mining the feasibility and/or practicability of the project, adminis trative expenses, and/or the acquisition, construction, equipping and/or operating any project or any part thereof.

"P. This amendment shall be self-executing and effective im mediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation."

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 LaGrange Development Authority and to provide for powers, authority, funds, purposes and procedure connected there with."
"Against ratification of amendment to the Constitution so as to create the LaGrange Development Authority and to provide for powers, authority, funds, purposes and procedure connected there with."
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.

WEDNESDAY, FEBRUARY 12, 1964

539

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
SECTION 3

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

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:

Broun of 46th Brown of 34th Carlton Carter Conway Downing Ellis Gayner Gillis Gordy Heard Holloway

Hunt

Jackson

Johnson of 42nd

Johnson of 38th

Kendrick

Kidd

Lee

.

Loggins

Maclntyre

McKinnon

Oliver

Phillips

Plunkett Rowan Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

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

On the adoption of the resolution, the ayes were 36, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 394. By Mr. Reaves of Brooks:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide for the appointment of a county school superintendent by the Brooks

540

JOURNAL OF THE SENATE,

County Board of Education; to provide the procedure connected there with; 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 VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"Provided, however, after the expiration of the term of office of the present elected county school superintendent, the Brooks County Board of Education shall appoint a qualified individual, to serve at the pleasure of the Board, as the county school superin tendent for the Brooks County school system."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the appointment of a county school superintendent by the Brooks County Board of Education.
"Against ratification of amendment to the Constitution so as to provide for the appointment of a county school superintendent by the Brooks County Board of Education."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons desiring to vote against the adopting 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.

WEDNESDAY, FEBRUARY 12, 1964

541

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:

Broun of 46th Brown of 34th Carlton Carter Conway Downing Ellis Gayner Gillis Gordy Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Loggins Maclntyre McKinnon Oliver Phillips

Plunkett Rowan Searcey Smalley Smith Spinks Thomas Tribhle Webb Wesberry Yancey Young

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

On the adoption of the resolution, the ayes were 36, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 396. By Messrs. Ware and Spikes of Troup:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Troup County Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

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JOURNAL OP THE SENATE,

"A. There is hereby created a body corporate and politic in Troup County in the State of Georgia to be known as the Troup County Development Authority, which shall be an instrumentality of Troup County and a public corporation and which in this amend ment is hereafter referred to as the 'Authority';

"B. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible for reappointment. The members shall be appointed by the Board of Commissioners of Roads and Revenues of Troup County. The first members shall be appointed for terms of one, two, three, four and five years, respectively, and thereafter their successors shall be appointed for terms of five years. Members shall serve until their successors are duly appointed and qualified. Vacancies shall be filled for the unexpired term by the Board of Commissioners of Roads and Revenues of Troup County. A majority of members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No member of the Authority shall be a member of the Board of Commissioners of Roads and Revenues of Troup County, but there shall be no other disqualification to hold public office by rea son of membership in the Authority.

"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 Troup County. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority.

"D. The powers of the Authority shall include but not be limited to, the power:

"(1) To buy, acquire, accept and give options upon, develop, improve, own, operate, maintain, sell, lease as lessor or lessee, and mortgage land, buildings and real and personal property of all kinds within Troup County:

"(2) To receive and administer gifts, grants and donations and to administer trusts;

"(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or proposing to operate any industrial plant or estab lishment within Troup County. The provisions of this clause shall not be construed to limit any other power of the Authority;

"(4) To borrow money for any of its corporate purposes and to issue notes, bonds and debentures and execute deeds to secure debt, trust deeds, trust agreements or indentures, and to sell, con vey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

WEDNESDAY, FEBRUARY 12, 1964

543

"(5) To issue revenue anticipation certificates or bonds for the purpose of paying all or any part of the cost of any project of the Authority. To exercise all of the rights, powers and privi leges and be subject to the same liabilities as a municipality under the provisions of the Revenue Certificate Law of 1937 (Ga. Laws
1937, pp. 761-774), and as amended, with reference to the issuance of such certificates or bonds and validation of same insofar as such pertain to the corporate purposes of the Authority;

"(6) To contract with Troup County and other political sub divisions of the State of Georgia and with private persons and cor porations and to sue and to be sued in its corporate name;
"(7) To have and exercise usual powers of private corpora tions except such as are inconsistent with this amendment, includ ing the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority;
"(8) To encourage and promote the expansion and develop ment of industrial, agricultural, recreational and trade facilities in Troup County, and to make long-range plans therefor, so as to re lieve insofar as possible unemployment within its boundaries, and to that end its acquiral by purchase or gift any building or struc ture within the limits of Troup County suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, fabricating plant, or any other type of structure, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing build ing and the remodeling, renovating, reconstructing, furnishing and equipping of such building. All of such acquisitions of property or machinery, equipment or furnishings may be made through the use of funds derived through the issuance of revenue certificates and all expansions of new or existing facilities may be made through the use of such funds.
"(9) To exercise such other powers and duties, consistent with the purposes of the Authority, as may be delegated to it by the Board of Commissioners of Roads and Revenues of Troup County;
"(10) 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;
"(11) To designate officers to sign and act for the Authority generally or in any specific matter;
"(12) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated.

544

JOURNAL OP THE SENATE,

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against Troup County, nor the State of Georgia;

"P. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority shall have the same im munity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority;

"G. The members of the Authority shall receive only such com pensation for their services to the Authority as shall be authorized by the Board of Commissioners of Roads and Revenues of Troup County but such compensation shall be paid from funds of the Authority;

"H. Troup County is authorized to levy an annual tax as may be determined by the Board of Commissioners of Roads and Reve nues, but not to exceed two mills, on all taxable property within the County for the support of the Authority and for its use and pur poses, and all funds raised by such tax shall be paid and appro priated by Troup County to the Authority and when paid to the Authority, shall become a part of its funds and may be used by it for any of its purposes and powers as herein stated or as may be hereafter provided by law, which tax shall be in addition to all other taxes authorized by law;

"I. Troup County is also authorized, in addition to the tax provided above, to appropriate to the Authority such amount from its funds each year as its governing authority shall determine to be appropriate, but not exceeding twenty percent of its total receipts from business licenses for the year, and any funds so appropriated when paid to the Authority shall become a part of its funds and may be used by the Authority in accordance with its powers and purposes as herein stated or as may be hereafter defined by law;

"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or in come may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.

"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Troup County and its citizens, industry, agriculture, trade, commerce and recrea tion within Troup County, and making of long-range plans for such development and expansion and to authorize the use of public funds of Troup County for such purposes, and this amendment and

WEDNESDAY, FEBRUARY 12, 1964

545

any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose;

"L. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Troup County, and the scope of its operations shall be limited to the territory embraced within Troup County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Troup County.

"M. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Au thority shall be a debt of Troup County, nor State of Georgia;

"N. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Troup County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time;

"O. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:

(1) The word 'project' shall be deemed to mean and include property, real and/or personal, acquired or held by the Authority for the assistance, promotion, establishment or development of a new industry or industries, or the assistance, promotion or expan sion of existing industry, trade or commerce in Troup County, or any combination thereof; the acquisition of any such property for any such purpose or purposes; the improvement of any such prop erty or properties; and/or the construction, installation and/or expansion of one or more buildings, plants, and/or articles of equip ment for the purpose of using, selling, donating, leasing and/or renting such land, properties, improvements, structures or equip ment to public or private persons, firms, corporations and/or asso ciations for such purchases.

(2) The term 'cost of project' shall embrace: the cost of lands, buildings, improvements, machinery, equipment, properties, easements, rights, franchises, materials, labor and services ac quired and/or contracted for; the cost of financing charges and/or of interest prior to and during construction; architectural, account ing, engineering, inspection, fiscal and/or legal expenses; cost of plans and/or specifications; and/or any other expenses necessary or incident to construction and/or improvements, and/or to de termining the feasibility and/or practicability of the project, admin istrative expenses, and/or the acquisition, construction, equipping and/or operating any project or any part thereof."

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"P. This amendment shall be self-executing and effective im mediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation."

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 Troup County Development Authority and to provide for powers, authority, funds, purposes and procedure connected there with.

"Against ratification of amendment to the Constitution so as to create the Troup County Development Authority and to provide for powers, authority, funds, purposes and procedure connected therewith."

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.

SECTION 3

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

The report of the committee, which was favorable to the 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:

WEDNESDAY, FEBRUARY 12, 1964

547

Those voting in the affirmative were Senators:

Broun of 46th Brown of 34th Carlton Carter Conway Downing Ellis Gayner Gillis Gordy Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Loggins Maclntyre McKinnon Oliver Phillips

Plunkett Rowan Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

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

On the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 408. By Messrs. Payton and Blalock of Coweta:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the governing authority of Coweta County may establish water, sani tation, sewerage and fire protection districts in Coweta County; may administer water, sanitation, sewerage and fire protection systems in said districts; levy taxes, issue bonds and revenue bonds to operate, maintain and administer such districts and systems; provide what prop erty shall be taxed for such purposes; to provide for the right of eminent domain; to provide for submission of this amendment for ratifi cation or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1
Article II, Section I, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of the County of Coweta is hereby given the authority and power to establish and administer within the bounds of the County of Coweta water, sanitation, sewerage and fire protection districts, each of which shall have such areas as may be found by said governing authority to be desirable; and may therein create, construct, maintain and operate a system, or systems, for said purposes; and provide that a district created for

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any system may include area of other district or districts created for the same or other systems or purposes and for said purposes shall have power to make necessary plans and surveys; to hire necessary employees; to levy taxes or assessments on all property in said district or districts therefor; to issue bonds and revenue bonds for the construction and maintenance of said systems; to enter into contracts with private persons, firms, partnerships, public corporations, corporations and municipal corporations. Taxes may be levied therefor on all property in said districts upon the vote of the majority of the qualified voters of said districts voting at a special election to be called by the ordinary of said county, and to be held in said district upon said question; provided that such taxes shall not exceed five mills upon the valuation of the property located in any such district. Bonds may be issued for such purposes and, if issued, shall be authorized in all respects as provided by Article VII, Section VII, Paragraph I of the Constitution at an election called and held by the governing authority of the County of Coweta, and only those voters residing in such district shall participate in such election held for that purpose. Any other pro vision of this Constitution to the contrary notwithstanding, the governing authority of said county may issue bonds in an amount up to ten (10%) percent of the assessed valuation of the property located therein subject to taxation for bond purposes and any such bonds issued in and for any such district shall not affect the amount of bonds Coweta County may issue under Article VII, Section VII, Paragraph I of the Constitution for other purposes. Provided further, that the homestead exemption granted by Article VII, Section I, Paragraph IV of the Constitution, and the statutes enacted pursuant thereto, shall not be granted and shall not apply to the levy of the taxes herein authorized and provided for, either for the operation and maintenance of the systems or for debt serv ice. Provided further, that for the purposes hereinabove enumerated the said County of Coweta shall have the power of eminent domain and may exercise same upon the payment of just and adequate com pensation as provided by this Constitution and the laws of this state. The planning, construction and establishing of any such sys tem or systems may be financed in whole or in part by the issuance of revenue bonds as provided in the Revenue Bond Law of this State."
SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered . ..; on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of
1940, 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 and empower the governing authority of the County of

WEDNESDAY, FEBRUARY 12, 1964

549

Coweta to establish and administer water, sanitation,: sewerage and fire protection districts, and to levy taxes, to issue bonds and have the power of eminent domain in connection therewith.

"Against ratification of amendment to the Constitution so as to authorize and empower the governing authority of the County of Coweta to establish and administer water, sanitation, sewerage and fire protection districts, and to levy taxes, to issue bonds and have the power of eminent domain in connection therewith."

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:

Broun of 46th Brown of 34th Carlton Carter Conway Downing Ellis Gayner Gillis Gordy Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Loggins Maclntyre McKinnon Oliver Phillips

Plunkett Rowan Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

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

On the adoption of the resolution, the ayes were 36, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

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JOURNAL OF THE SENATE,

HR 410. By Messrs. Spikes and Ware of Troup:

A RESOLUTION

Proposing an amendment to the Constitution so as to create the Hogansville Development Authority; to provide for powers, authority,
funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection, and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in the City of Hogansville in Troup County to be known as the Hogansville Development Authority, which shall be an instrumentality of the City of Hogansville and a public corporation and which in this amendment is hereafter referred to as the 'Authority';

"B. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible for re-appointment. The members shall be appointed by the Mayor and Council of the City of Hogansville. The first members shall be appointed for terms of one, two, three, four and five years, respectively, and thereafter their successors shall be appointed for terms of five years. Members shall serve until their successors are duly appointed and qualified. Vacancies shall be filled for the unexpired term by the mayor and council. A majority of members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No member of the Author ity shall be the mayor nor a member of the council of the City of Hogansville, but there shall be no other disqualification to hold public office by reason of membership in the Authority;

"C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of the City of Hogansville. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority;

"D. The powers of the Authority shall include but not be limited to, the power:

(1) To buy, acquire, accept and give options upon, develop, im prove, own, operate, maintain, sell, lease, as lessor or lessee, and mortgage land, buildings and real and personal property of all kinds within the City of Hogansville.

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561

(2) To receive and administer gifts, grants and donations and to administer trusts;

(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or proposing to operate any industrial plant or establishment within the City of Hogansville. The provisions of this clause shall not be construed to limit any other power of the Authority;

(4) To borrow money for any of its corporate purposes and to issue notes, bonds and debentures and execute deeds to secure debt, trust deeds, trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

(5) To issue revenue anticipation certificates or bonds for the purpose of paying all or any part of the cost of any project of the Authority. To exercise all of the rights, powers and privileges and be subject to the same liabilities as a municipality under the provi sions of the Revenue Certificate Law of 1937 (Ga. L. 1937, pp. 761774), and as amended, with reference to the issuance of such certifi cates or bonds and validation of same insofar as such pertain to the corporate purposes of the Authority;

(6) To contract with the City of Hogansville and other political subdivisions of the State of Georgia and with private persons and corporations and to sue and to be sued in its corporate name;

(7) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority and the power to adopt and amend a corporate seal and bylaws and regulations for the con duct and management of the Authority;

(8) To encourage and promote the expansion and development of industrial, agricultural, recreational and trade facilities in the City of Hogansville, and to make long-range plans therefor, so as to relieve insofar as possible unemployment within its boundaries, and to that end its acquiral by purchase or gift any building or structure within the limits of the City of Hogansville suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, fabricating plant, or any other type of structure, including all neces sary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construc tion thereon of a building, including the demolition of existing struc tures, or through the acquisition of an existing building and the re modeling, renovating, reconstructing, furnishing and equipping of such building. All of such acquisitions of property or machinery, equipment or furnishings may be made through the use of funds

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JOURNAL OF THE SENATE,

derived through the issuance of revenue certificates and all expan sions of new or existing facilities may be made through the use of such funds;

(9) To exercise such other powers and duties, consistent with the purposes of the Authority, as may be delegated to it by the Mayor and Council of the City of Hogansville;

(10) 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 ;

(11) To designate officers to sign and act for the Authority generally or in any specific matter.

(12) 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 City of Hogans ville, the State of Georgia, nor Troup County;

"P. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Author ity may be sued the same as private corporations on any contractual obligation of the Authority;

"G. The members of the Authority shall receive only such com pensation for their services to the Authority as shall be authorized by the Mayor and Council of the City of Hogansville but such com pensation shall be paid from funds of the Authority;

"H. The City of Hogansville is authorized to levy an annual tax as may be determined by the Mayor and Council of the City of Hogansville, Georgia, but not to exceed two mills, on all taxable property within the city for the support of the Authority and for its use and purposes, and all funds raised by such tax shall be paid and appropriated by the City of Hogansville to the Authority and when paid to the Authority, shall become a part of its funds and may be used by it for any of its purposes and powers as herein stated or as may be hereafter provided by law, which tax shall be in addition to all other taxes authorized by law;
"I. The City of Hogansville is also authorized, in addition to the tax provided above, to appropriate to the Authority such amount from its funds each year as its governing authority shall determine to be appropriate, but not exceeding twenty percent of its total re-

WEDNESDAY, FEBRUARY 12, 1964

553

ceipts from business licenses for the year, and any funds so appro priated when paid to the Authority shall become a part of its funds and may be used by the Authority in accordance with its powers and purposes as herein stated or as may be hereafter defined by law;

"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;

"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of the City of Hogansville and its citizens, industry, agriculture, trade, commerce and recreation within the City of Hogansville, and making of long-range plans for such development and expansion and to authorize the use of public funds of the City of Hogansville for such purposes, and this amendment and any law enacted with reference to the Author ity shall be liberally construed for the accomplishment of this purpose;

"L. The General Assembly may by law further define and pre scribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the City of Hogansville, and the scope of its operations shall be limited to the territory em braced within the City of Hogansville. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of the City of Hogansville;

"M. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of the City of Hogansville, State of Georgia, nor Troup County;

"N. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the City of Hogansville, subject to any mortgages, liens, leases or other encum brances outstanding against or in respect to said property at that time;

"O. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:

(1) The word 'project' shall be deemed to mean and include property, real and/or personal, acquired or held by the Authority for the assistance, promotion, establishment or development of a new industry or industries, or the assistance, promotion or expansion of existing industry, trade or commerce in Hogansville, or any com-

554

JOURNAL OP THE SENATE,

bination thereof; the acquisition of any such property for any such purpose or purposes; the improvement of any such property or properties; and/or the construction, installation and/or expansion of one or more buildings, plants, and/or articles of equipment for the purpose of using, selling, donating, leasing and/or renting such land, properties, improvements, structures or equipment to public or private persons, firms, corporations and/or associations for such purposes.

(2) The term 'cost of project' shall embrace: the cost of lands, buildings, improvements, machinery, equipment, properties, ease ments, rights, franchises, materials, labor and services acquired and/or contracted for; the cost of financing charges and/or of interest prior to and during construction; architectural, accounting, engineering, inspection, fiscal and/or legal expenses; cost of plans and/or specifications; and/or any other expenses necessary or inci dent to construction and/or improvements, and/or to determining the feasibility and/or practicability of the project, administrative expenses, and/or the acquisition, construction, equipping and/or operating any project or any part thereof.

"P. This amendment shall be self-executing and effective imme diately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation."

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 Hogansville Development Authority and to provide for powers, authority, funds, purposes and procedure connected there with.

"Against ratification of amendment to the Constitution so as to create the Hogansville Development Authority and to provide for powers, authority, funds, purposes and procedure connected there with."

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

WEDNESDAY, FEBRUARY 12, 1964

555

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.

SECTION 3

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

The report of the committee, which was favorable to the 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 Brown Carlton Carter Conway Downing Ellis Gayner Gillis Gordy Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Loggins Maclntyre McKinnon Oliver Phillips

Plunkett Rowan Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

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

On the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 411. By Messrs. Spikes and Ware of Troup:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the West Point Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the

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JOURNAL OP THE SENATE,

submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1

Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding1 at the end thereof the following:

"A. There is hereby created a body corporate and politic in the City of West Point in Troup County to be known as the West Point Development Authority, which shall be an instrumentality of the City of West Point and a public corporation and which in this amendment is hereafter referred to as the 'Authority';

"B. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible for re-appointment. The members shall be appointed by the Mayor and Council of the City of West Point. The first members shall be appointed for terms of one, two, three, four and five years, respectively, and thereafter their successors shall be appointed for terms of five years. Members shall serve until their successors are duly appointed and qualified. Vacancies shall be filled for the unexpired term by the mayor and council. A majority of members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No member of the Author ity shall be the mayor nor a member of the council of the City of West Point, but there shall be no other disqualification to hold public office by reason of membership in the Authority.

"C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of the City of West Point. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority.

"D. The powers of the Authority shall include but not be limited to, the power:

(1) To buy, acquire, accept and give options upon, develop, im prove, own, operate, maintain, sell, lease, as lessor or lessee, and mortgage land, buildings and real and personal property of all kinds within the City of West Point;

(2) To receive and administer gifts, grants and donations and to administer trusts;

(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or proposing to operate any industrial plant or establishment within

WEDNESDAY, FEBRUARY 12, 1964

557

the City of West Point. The provisions of this clause shall not be construed to limit any other power of the Authority;

(4) To borrow money for any of its corporate purposes and to issue notes, bonds and debentures and execute deeds to secure debt, trust deeds, trust agreements or indentures, and to sail, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

(5) To issue revenue anticipation certificates or bonds for the purpose of paying all or any part of the cost of any project of the Authority. To exercise all of the rights, powers and privileges and be subject to the same liabilities as a municipality under the provi sions of the Revenue Certificate Law of 1937 (Ga. L. 1937, pp. 761774), and as amended, with reference to the issuance of such certifi cates or bonds and validation of same insofar as such pertain to the
corporate purposes of the Authority;

(6) To contract with the City of West Point and other political subdivisions of the State of Georgia and with private persons and corporations and to sue and to be sued in its corporate name;

(7) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority and the power to adopt and amend a corporate seal and bylaws and regulations for the con duct and management of the Authority;

(8) To encourage and promote the expansion and development of industrial, agricultural, recreational and trade facilities in the City of West Point, and to make long-range plans therefor, so as to relieve insofar as possible unemployment within its boundaries, and to that end its acquiral by purchase or gift any building or structure within the limits of the City of West Point suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, fabricating plant, or any other type of structure, including all neces sary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construc tion thereon of a building, including the demolition of existing struc tures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building. All of such acquisitions of property or machinery, equipment or furnishings may be made through the use of funds derived through the issuance of revenue certificates and all expan sions of new or existing facilities may be made through the use of such funds;

(9) To exercise such other powers and duties, consistent with the purposes of the Authority, as may be delegated to it by the Mayor and Council of the City of West Point;

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(10) 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.

(11) To designate officers to sign and act for the Authority generally or in any specific matter.

(12) 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 City of West Point, the State of Georgia, nor Troup County;
"F. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority shall have the same im munity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in per formance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority.
"G. The members of the Authority shall receive only such com pensation for their services to the Authority as shall be authorized by the Mayor and Council of the City of West Point but such com pensation shall be paid from funds of the Authority;
"H. The City of West Point is authorized to levy an annual tax as may be determined by the Mayor and Council of the City of West Point, Georgia, but not to exceed two mills, on all taxable property within the city for the support of the Authority and for its use and purposes, and all funds raised by such tax shall be paid and appro priated by the City of West Point to the Authority and when paid to the Authority, shall become a part of its funds and may be used by it for any of its purposes and powers as herein stated or as may be hereafter provided by law, which tax shall be in addition to all other taxes authorized by law;

"I. The City of West Point is also authorized, in addition to the tax provided above, to appropriate to the Authority such amount from its funds each year as its governing authority shall determine to be appropriate, but not exceeding twenty percent of its total re ceipts from business licenses for the year, and any funds so appro priated when paid to the Authority shall become a part of its funds and may be used by the Authority in accordance with its powers and purposes as herein stated or as may be hereafter defined by law;

"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an

WEDNESDAY, FEBRUARY 12, 1964

559

obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;

"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of the City of West Point and its citizens, industry, agriculture, trade, commerce and recreation within the City of West Point, and making of long-range
plans for such development and expansion and to authorize the use of public funds of the City of West Point for such purposes, and this amendment and any law enacted with reference to the Author ity shall be liberally construed for the accomplishment of this purpose;

"L. The General Assembly may by law further define and pre scribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the City of West Point, and the scope of its operations shall be limited to the territory embraced within the City of West Point. The General Assembly shall not ex tend the jurisdiction of the Authority nor the scope of its operations beyond the limits of the City of West Point;

"M. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of the City of West Point, State of Georgia, nor Troup County;

"N. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the City of West Point, subject to any mortgages, liens, leases or other encum brances outstanding against or in respect to said property at that time.

"O. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:

(1) The word 'project' shall be deemed to mean and include property, real and/or personal, acquired or held by the Authority for the assistance, promotion, establishment or development of a new industry or industries, or the assistance, promotion or expansion of existing industry, trade or commerce in West Point, or any com bination thereof; the acquisition of any such property for any such purpose or purposes; the improvement of any such property or properties; and/or the construction, installation and/or expansion of one or more buildings, plants, and/or articles of equipment for the purpose of using, selling, donating, leasing and/or renting such land, properties, improvements, structures or equipment to public or private persons, firms, corporations and/or associations for such
purposes.

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(2) The term 'cost of project' shall embrace: the cost of lands, buildings, improvements, machinery, equipment, properties, ease ments, rights, franchises, materials, labor and services acquired and/or contracted for; the cost of financing charges and/or of interest prior to and during construction; architectural, accounting, engineering, inspection, fiscal and/or legal expenses; cost of plans and/or specifications; and/or any other expenses necessary or inci dent to construction and/or improvements, and/or to determining the feasibility and/or practicability of the project, administrative expenses, and/or the acquisition, construction, equipping and/or operating any project or any part thereof.

"P. This amendment shall be self-executing and effective imme diately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to create the West Point Development Authority and to provide for powers, authority, funds, purposes and procedure connected there with.
"Against ratification of amendment to the Constitution so as to create the West Point Development Authority and to provide for powers, authority, funds, purposes and procedure connected there with."
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.

WEDNESDAY, FEBRUARY 12, 1964

561

SECTION 3

All laws and parts of laws in conflict with this Act are hereby re pealed.

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

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

Broun Brown Carlton Carter Conway Downing Ellis Gayner Gillis Gordy Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Loggins Maclntyre McKinnon Oliver Phillips

Plunkett
Rowan Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

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

On the adoption of the resolution, the ayes were 36, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 414. By Messrs. Ballard and Morgan of Newton:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Newton County Industrial Development Authority; to provide for pow ers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

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SECTION 1

Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Newton County to be known as the Newton County Industrial De velopment Authority, which shall be an instrumentality of Newton County and a public corporation and which in this amendment is hereafter referred to as the 'Authority';
"B. The Authority shall consist of five (5) directors, who shall be eligible for reappointment. The Commissioner of Roads and Reve nues of Newton County, the Mayor of the City of Covington, and the President of the Covington-Newton County Chamber of Commerce, Inc., shall appoint themselves or other persons as directors for terms of office concurrent with their respective terms as Commissioner of Roads and Revenues of Newton County, Mayor of the City of Cov ington, and President of the Covington-Newton County Chamber of Commerce, Inc. The remaining two (2) directors of the Authority shall be appointed by a majority vote of the Commissioner of Roads and Revenues of Newton County, the Mayor of the City of Covington, and the President of the Covington-Newton County Chamber of Commerce, Inc. for terms of five (5) years each and until their suc cessors are duly appointed and qualified. In the event the Commis sioner of Roads and Revenues of Newton County, the Mayor of the City of Covington, and the President of the Covington-Newton County Chamber of Commerce, Inc., cannot agree on the appoint ments of the other two (2) directors of the Authority or fail to appoint the other two (2) directors for any reason, then such direc tors shall be appointed by a majority vote of the Board of Directors of the Covington-Newton County Chamber of Commerce, Inc., for terms of five (5) years each and until their successors are duly appointed and qualified. Vacancies for unexpired terms shall be filled by a majority vote of the Commissioners of Roads and Reve nues of Newton County, the Mayor of the City of Covington, and the President of the Covington-Newton County Chamber of Com merce, Inc. A majority of the directors shall constitute a quorum and the majority may act for the Authority in any matter. No va cancy shall impair the power of the Authority to act.
"C. The directors of the Authority shall elect (1) of their mem bers as Chairman and another as Vice-Chairnian, and shall also elect a Secretary and Treasurer or a Secretary-Treasurer, either of whom may, but need not be, a director of the Authority. The direc tors shall receive no compensation for their services, but shall be reimbursed for their actual expenses incurred in the performance of their duties. The Authority shall make bylaws and regulations for its government and may delegate to one (1) or more of its directors or its officers, agents, and employees such powers and duties as may be deemed necessary and proper. The Authority shall have perpetual existence as hereinafter provided.
"D. The property obligations and the interest obligations of the Authority shall have the same immunity from taxation as the prop-

WEDNESDAY, FEBRUARY 12, 1964

563

erty obligations and interest on the obligations of Newton County. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority.

"E. The Authority shall have all of the powers necessary or con venient to carry out and effectuate the purposes and provisions of this amendment, including, but without limiting the generality of the foregoing, the power:

(1) to sue and be sued;

(2) to adopt and amend a corporate seal;

(3) to make and execute contracts and other instruments neces sary to exercise the powers of the Authority, any of which contracts may be made with Newton County or may be made with any one or more municipal corporations in Newton County. Newton County and all municipal corporations therein are hereby authorized to enter into contracts with the Authority;

(4) to receive and administer gifts, grants, and devises of any property and to administer trusts;

(5) to acquire by purchase, gift or construction of any real or personal property desired to be acquired as part of any project or for the purpose of improving, extending, adding to, reconstructing, renovating or remodeling any project or part thereof already ac quired, or for the purpose of demolition to make room for such proj ect or any part thereof;

(6) to sell, lease, exchange, transfer, assign, pledge, mortgage or dispose of, or grant options for any such purposes, any real or personal property or interest therein;
(7) to mortgage, pledge, or assign any revenues, income, tolls, charges or fees received by the Authority;
(8) to issue bonds for the purpose of providing funds for carry ing out the purpose of the Authority;
(9) to appoint officers and retain agents, engineers, attorneys, fiscal agents, accountants and employees and to provide their com pensation and duties;
(10) to construct, acquire, own, repair, remodel, maintain, ex tend, improve and equip projects located on land owned or leased by the Authority, and to pay all or part of the cost of any such project from the proceeds of revenue-anticipated bonds of the Authority or from any contribution or loans by persons, firms or corporations, or any other contribution, all of which the Authority is hereby author ized to receive and accept and use;
(11) to issue revenue-anticipation bonds for the purpose of

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paying all or any part of the cost of any project, including the cost of extending, adding to or improving such project, or for the pur pose of refunding any such bonds of the Authority theretofore issued. Such revenue-anticipation bonds shall be issued and validated under and in accordance with the applicable provisions of the Act of the General Assembly of 1937 (Ga. Laws 1937, pp. 761-774), as amended, providing for the issuance of revenue-anticipation bonds. As security for the payment of any revenue-anticipation bonds so authorized, any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered and the Authority may execute any trust agreement or indenture containing any provisions not in conflict with law for the security of such bonds, which trust agreement or indenture may provide for foreclosure or forced sale of any property of the Author ity upon default on such bonds either in payment of principal or interest or upon default in the performance of any term or condition contained in such agreement or indenture. The State of Georgia in behalf of the State and Newton County and each municipal corpora tion therein hereby waives any right the State, Newton County or any municipal corporation therein may have to prevent the forced sale or foreclosure of any property of the Authority so mortgaged or encumbered and any such mortgage or encumbrance may be fore closed in accordance with law and the terms thereof. For purposes of the aforesaid judicial validation, the Authority shall be regarded as being located in Newton County, and the Superior Court of New ton County shall have jurisdiction and the requisite notices shall be published in Newton County. If no exception is filed to the decree validating such bonds within twenty days from the date upon which such decree is entered, such decree shall be final and no appeal may be taken therefrom;

(12) to do all things necessary or convenient to carry out the powers expressly conferred by this amendment.
"F. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Newton County and nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Newton County to pay any indebtedness on the interest thereon of the Authority nor to enforce payment thereon against any property of Newton County.
"G. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority shall have the same im munity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in per formance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority.
"H. The property of the Authority shall not be subject to levy and sale under legal process except such property, income, or funds

WEDNESDAY, FEBRUARY 12, 1964

565

as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;

"I. This amendment is adopted for the purpose of promoting and expanding the public good and welfare and industry and trade within Newton County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with ref erence to the Authority shall be liberally construed for the accom plishment of these purposes.

"J. 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 Newton County, and the scope of its operations shall be limited to the territory embraced within Newton County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Newton County.

"K. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of the State of Georgia or Newton County.

"L. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Newton County, subject to any mortgages, liens, leases or other encum brances outstanding against or in respect to said property at that time.

"M. This amendment shall be self-executing and effective im mediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation."

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 Newton County Industrial Development Authority.

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"Against ratification of amendment to the Constitution so as to create the Newton County Industrial Development Authority."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the 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 Brown Carlton Carter Conway Downing Ellis Gayner Gillis Gordy Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Loggins Maclntyre McKinnon Oliver Phillips

Plunkett Rowan Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

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

On the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

WEDNESDAY, FEBRUARY 12, 1964

567

HR 417. By Messrs. Towson and Knight of Laurens:

A RESOLUTION

Proposing an amendment to the Constitution so as to create the Dublin-Laurens School System by merging the independent school sys tem of the City of Dublin and the county school system of Laurens 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:
"Effective at the time and in the manner provided hereinafter, there is hereby created the Dublin-Laurens School System by merg ing the independent school system of the City of Dublic and the county school system of Laurens County. There is hereby created the Board of Education of the Dublin-Laurens School System. Said Board shall be composed of seven (7) members as follows: three members shall be residents of the City of Dublin; one member shall be a resident of the First Road District outside the corporate limits of the City of Dublin; one member shall be a resident of the Second Road District; one member shall be a resident of the Third Road District; and one member shall be from the County at large. All members shall be elected by the voters of the entire County. For the purposes of this provision the Road Districts shall remain as con stituted at the time of the ratification of this amendment unless specifically provided otherwise by an Act of the General Assembly relative to the Dublic-Laurens School System. The terms, compen sation, manner of election, time of election, powers, duties, authority, and all other matters relative to said Board shall be provided by law. The independent school system of the City of Dublin and the board of education thereof, and the county school system of Laurens County and the board of education thereof, shall continue to exist until July 1, 1965, on which date the Dublic-Laurens School System and the board of education thereof shall come into existence.
"The board shall elect the school superintendent of the DublinLaurens School System. The school superintendent of the independ ent school system of the City of Dublin and the county school super intendent of the county school system of Laurens County shall con tinue to serve as such and such offices shall continue to exist until July 1, 1965, upon which date the office of school superintendent of the Dublin-Laurens School System shall come into existence. The governing authority of Laurens County is hereby authorized to levy a tax for the support and maintenance of education of not more than 25 mills, but the provisions for removing or increasing such limitation shall be the same as provided in Article VIII, Section XII, Paragraph I of the Constitution, as amended. The governing author ity shall levy the amount designated by the board of education.

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"The General Assembly, at the regular 1965 session, shall pro vide by local law for all matters relative to the Dublin-Laurens School System, the board of education thereof, and the superintend ent thereof. The General Assembly may provide in such local law that such provisions of general law as deemed advisable, relative to county boards of education and county school superintendents and county school systems, shall be applicable to the system, board and superintendent created herein. On the date provided for herein for the new system to come into existence, all property and facilities and all assets, debts and obligations of the two systems so merged shall become the property, facilities, assets, debts and obligations of the Dublin-Laurens School System. Even though the merged sys tem and the board and the superintendent thereof shall not replace the present systems, boards and superintendents until July 1, 1965, the General Assembly is hereby authorized to provide for such mat ters as shall be necessary prior to that date, such as election of members, election by the board of the superintendent and other necessary or related matters. The General Assembly is hereby authorized to amend any local law enacted pursuant to this amend ment. In the event the General Assembly at the 1965 session, does not enact legislation pursuant to this amendment, the new system shall not come into existence on July 1, 1965, but shall come into existence on the first day of July immediately following the date on which legislation is enacted to implement this amendment. Until such time, the two systems to be merged and the offices connected therewith shall continue to exist in the same manner as if this amendment had not been ratified."

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 Dublin-Laurens School System by merging the independ ent school system of the City of Dublin and the county school system of Laurens County.
"Against ratification of amendment to the Constitution so as to create the Dublin-Laurens School System by merging the independ ent school system of the City of Dublin and the county school system of Laurens County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons

WEDNESDAY, FEBRUARY 12, 1964

569

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 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 Brown Carlton Carter Conway Downing Ellis Gayner Gillis Gordy Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Loggins Maclntyre McKinnon Oliver Phillips

Plunkett Rowan Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

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

On the adoption of the resolution, the ayes were 36, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 430. By Mr. Lee of Clinch:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Clinch County Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:

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SECTION 1

Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"A. There is hereby created a body corporate and politic in Clinch County to be known as the Clinch County Development Au thority, which shall be an instrumentality of Clinch County and a public corporation and which in this amendment is hereafter referred to as the 'Authority';

"B. The Authority shall be composed of five members. The President of the Clinch Industrial Committee, the Chairman of the Clinch County Commission, and the Mayor of the City of Homerville shall be ex officio members of the Authority. The other two members of the Authority shall be appointed by the Board of Com missioners of Roads and Revenues of Clinch County for a term of five years, or until their successors are appointed and qualified. Vacancies shall be filled for the unexpired term by the said Board of Commissioners. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.

"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Clinch County.

"D. The powers of the Authority shall include but not be limited to the power:

"(1) To buy, acquire, develop, improve, own, operate, main tain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of Clinch County;

"(2) To receive and administer gifts grants and donations and to administer trusts;

"(3) To grant, loan and lease any of its funds and property to private persons and corporations promising to operate any in dustrial plant or establishment within Clinch County which in the judgment of the Authority will be of benefit to the people of said county. The provisions of this clause shall not be construed to limit any other powers of the Authority;

"(4) To borrow money and to issue notes, bonds and revenue certificates therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

"(5) To contract with Clinch County and other political sub divisions and with private persons and corporations and to sue and be sued in its corporate name;

WEDNESDAY, FEBRUARY 12, 1964

571

"(6) To have and exercise usual powers of private corpora tions except such as are inconsistent with the amendment, includ ing the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by laws and regulations for the conduct and management of the Authority.

"(7) To encourage and promote the expansion of industry, agriculture, trade and commerce in Clinch County, and to make long range plans therefor;

"(8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

"(9) To designate officers to sign and act for the Authority generally or in any specific matter;

"(10) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated.

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Geor gia or Clinch County;

"P. The Authority shall have the same immunity and exemp tion for liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority;

"G. The members of the Authority shall receive no compensa tion for their services to the Authority;

"H. The Authority, with the consent of the Board of Com missioners of Roads and Revenues of Clinch County, is hereby authorized to issue Revenue Certificates to carry out the purposes of this amendment. Revenue Certificates thus issued shall be paid from the income of the Authority.

"I. The Commissioners of Roads and Revenues of Clinch Coun ty are authorized to levy a tax not exceeding one (1) mill per dollar of assessed valuation for the purposes of the Authority. Said Com missioners may also appropriate to the Authority such amounts from its funds each year as it shall see fit, and any funds trans ferred from said Commissioners to the Authority shall become part

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JOURNAL OF THE SENATE,

of its funds and may be used by the Authority in accordance with its powers and purposes as herein stated or as may be hereafter defined by law.

"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or in come may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;

"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Clinch County
and its citizens, industry, agriculture and trade within the County of Clinch, and making long range plans for such development and expansion and to authorize the use of public funds of Clinch Coun ty for such purposes, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose;

"L. This amendment shall be effective immediately upon proc lamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty days after such proclamation;
"M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Clinch County, and the scope of its operations shall be limited to the territory embraced within Clinch County. The General Assembly shall not extend the jurisdic tion of the Authority nor the scope of its operations beyond the limits of Clinch County.
"N. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Au thority shall be a debt of Clinch County."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to create the Clinch County Development Authority.

WEDNESDAY, FEBRUARY 12, 1964

573

"Against ratification of amendment to the Constitution so as to create the Clinch County Development Authority."

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

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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:

Broun of 46th Brown of 34th Carlton Carter Conway Downing Ellis Gayner Gillis Gordy Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Loggins Maclntyre McKinnon Oliver Phillips

Plunkett Rowan Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

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

On the adoption of the resolution, the ayes were 36, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 432. By Messrs. Smith and Mitchell of Whitfield:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Whitfield County to issue general obliga-

574

JOURNAL OP THE SENATE,

tion bonds for the purpose of establishing educational facilities beyond the twelfth grade and to levy taxes for the payment of such bonds; 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 VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"Any other provision of the Constitution to the contrary not withstanding, the governing authority of Whitfield County is here by authorized and empowered to (1) acquire real property and to acquire, construct and equip buildings and facilities for education beyond the twelfth grade and to convey any such property so acquired to the Board of Regents of the University System of Georgia, its successors or assigns; (2) contribute funds to the Board of Regents of the University System of Georgia to be applied toward the acquisition of real property and the acquisition, construc tion and equipping of buildings and facilities for education beyond the twelfth grade.

"In order to finance such undertaking the governing authority of Whitfield County is hereby authorized to issue, from time to time, general obligation bonds bearing the rate or rates of interest and maturing at the years and amounts determined by said govern ing authority. Any bonds issued pursuant to the authority herein granted shall be issued in accordance with the provisions of this Constitution and the laws governing the issuance of general obli gation bonds. The taxes assessed, levied and collected for the pay ment of the bonded indebtedness incurred pursuant to the provisions herein shall be upon all the taxable property in Whitfield County, including any such property in any municipal or independent school system or district. The bonded indebtedness herein authorized shall be in addition to any other limitations stated in this Constitution particularly the limitations set out in this paragraph. Prior to exer cising the authority herein granted, the governing authority of Whitfield County shall have contracted with the Board of Regents of the University System of Georgia to convey any property or funds so acquired to the Board of Regents of the University System of Georgia; and the Board of Regents shall have contracted with the governing authority of Whitfield County to accept any such property or funds for the purpose of constructing and equipping such buildings and facilities and to operate and maintain the same as a unit of the University System of Georgia rather than as a part of the public school system 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

WEDNESDAY, FEBRUARY 12, 1964

575

branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to authorize the governing authority of Whitfield County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade."

"Against ratification of amendment to the Constitution so as to authorize the governing authority of Whitfield County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade.

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:

Broun of 46th Brown of 34th Carlton Carter Conway Downing Ellis Gayner Gillis Gordy Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Loggins Maclntyre McKinnon Oliver Phillips

Plunkett Rowan Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

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

On the adoption of the resolution, the ayes were 36, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 434. By Messrs. Newton and Matthews of Colquitt:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Colquitt County by the people and for the appointment of the County School Super intendent of Colquitt County by the Board; to provide for the submis sion of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The Board of Education of Colquitt County shall be composed of one member from each of the five Education Districts provided for hereinafter. All members, however, shall be elected by the voters of the entire county with the exception of those voters residing in the corporate limits of the City of Moultrie. Any person in order to be eligible for membership on the Board must be registered and eligible to vote for members of the General Assembly from Colquitt County, must have resided in Colquitt County for at least one year immediately preceding the date of the election and must reside in the district, hereinafter designated, from which he offers as a candidate for at least six months immediately preceding the date of the election. For the purpose of electing the members of the Board of Education of Colquitt County, Colquitt County is here by divided into five Education Districts. Education District No. 1 shall be composed of all that territory contained within that part of Militia District No. 1151 (Moultrie) which is outside the corpo rate limits of the City of Moultrie as said corporate limits now exist or may hereafter exist. Education District No. 2 shall be composed of all that territory contained within Militia District No. 1759 (Funston), Militia District No. 799 (Bridge Creek), Militia Dis trict No. 1538 (Hamilton) and Militia District No. 1510 (Hartsfield). Education District No. 3 shall be composed of all that terri tory contained within Militia District No. 1582 (Doerun), Militia District No. 1549 (Monk), Militia District No. 1373 (Mill Creek)

WEDNESDAY, FEBRUARY 12, 1964

577

and Militia District No. 1482 (Thigpen). Education District No. 4 shall be composed of all that territory contained within Militia District No. 1445 (Autreyville), Militia District No. 1769 (Mur phy), Militia District No. 1020 (Robinson) and Militia District No. 1684 (Lee). Education District No. 5 shall be composed of all that territory contained within Militia District No. 1665 (Norman Park), Militia District No. 1617 (Crosland), Militia District No. 1374 (Ty Ty) and Militia District No. 1184 (Warrior).

"At the General Election in November of 1966, the five mem bers of the Board shall be elected for terms as hereinafter pro vided. The members elected from Education Districts 1, 2 and 3 shall be elected for terms of four years and until their successors are elected and qualified. The members elected from Education Districts 4 and 5 shall be elected for terms of two years and until their successors are elected and qualified. All such members shall take office January 1, 1967. Thereafter, all members shall be elect ed for terms of four years. The members from Districts 1, 2 and 3 shall be elected at the General Election in 1970 and at the Gen eral Election each four years thereafter. The members from Dis tricts 4 and 5 will be elected at the General Election in 1968 and at the General Election each four years thereafter. All members shall take office on the first day of January immediately following their election.

"In the event a vacancy occurs on the Board for any reason other than expiration of term of office, the remaining members of the Board shall elect a person from the district in which the vacancy occurs and such person shall serve for the unexpired term. In the event a member moves his residence from the district he represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled. At its first meeting each year, the members of the Board shall elect one of their number to serve as Chairman for that year and until the election of a Chairman in the subsequent year. A member shall be eligible to succeed himself as a member of the Board and also as Chairman of the Board.

"The Board of Education in existence at the time of the rati fication of this amendment shall continue in existence through December 31, 1966, but the terms of all members of such Board shall expire at that time and such Board of Education shall stand abolished. The Board created herein shall be the successor to such abolished Board and shall be subject to all Constitutional and statu tory provisions relative to county boards of education unless such provisions are in conflict with the provisions of this amendment.

"The Board of Education created herein shall appoint the County School Superintendent who shall serve at the pleasure of the Board. The person elected as County School Superintendent in 1964, or his successor, shall serve through December 31, 1968 and the Board shall appoint a Superintendent who shall take office January 1, 1969. The Superintendent shall serve at the pleasure of the Board. No election of a County School Superintendent by

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the people shall be held in 1968. The County School Superintendent appointed by the Board shall be subject to all Constitutional and statutory provisions relative to county school superintendents un less such provisions are in conflict with the provisions of this amendment."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Colquitt County by the people and for the appointment of the County School Superintendent of Colquitt County by the Board.

"Against ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Colquitt County by the people and for the appointment of the County School Superintendent of Colquitt County by the Board."
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:

WEDNESDAY, FEBRUARY 12, 1964

579

Those voting in the affirmative were Senators:

Broun of 46th Brown of 34th Carlton Carter Conway Downing Ellis Gayner Gillis Gordy Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Loggins Maclntyre McKinnon Oliver Phillips

Plunkett Rowan Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

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

On the adoption of the resolution, the ayes were 36, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, 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 276. By Senators Webb of the llth, Smalley of the 28th, Lee of the 47th, Hunt of the 26th and many others:
A bill to amend Code Section 34-2301, relating to congressional districts and the composition thereof, so as to designate the counties and portions thereof which shall compose the ten congressional districts of Georgia; to repeal conflicting laws; and for other purposes.

The Committee on Rules offered the following substitute:
A BILL
To be entitled an act to amend Code Section 34-2301, relating to congressional districts and the composition thereof, so as to designate the counties and portions thereof which shall compose the ten congres sional districts of Georgia; to provide for the applicability of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 34-2301, relating to congressional districts and the composition thereof, is hereby amended by striking said Section in its entirety and inserting in lieu thereof a new Code Section 34-2301 to read as follows:

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"34-2301. Congressional Districts.--The State is hereby di vided into 10 congressional districts, each of said districts being entitled to elect one Representative to the Congress of the United States. The districts shall be composed of the following counties, or portions thereof, respectively:

"First District: Bryan, Bulloch, Burke, Candler, Chatham, Effingham, Emanuel, Evans, Jenkins, Liberty, Long, Mclntosh, Montgomery, Screven, Tattnall, Toombs, Treutlen and Wheeler.

"Section District: Baker, Brooks, Calhoun, Clay, Colquitt, Crisp, Decatur, Dougherty, Early, Grady, Miller, Mitchell, Quitman, Randolph, Seminole, Terrell, Thomas, Tift, Turner and Worth.

"Third District: Butts, Carroll, Clayton, Coweta, Crawford, Douglas, Fayette, Harris, Heard, Henry, Jasper, Jones, Lamar, Meriwether, Monroe, Newton, Pike, Putnam, Spalding, Talbot, Troup and Upson.

"Fourth District: DeKalb, plus that territory of Fulton County embraced within State senatorial districts 36 and 37 as such dis tricts are constituted and described in Code Section 47-102, relating to senatorial districts, as amended, particularly by an Act ap proved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7).

"Fifth District: Fulton, with the exception of the territory embraced within State senatorial districts 36 and 37 as such dis tricts are constituted and described in Code Section 47-102, relating to senatorial districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7).

"Sixth District: Bibb, Chattahoochee, Dooly, Houston, Lee, Macon, Marion, Muscogee, Peach, Schley, Stewart, Sumter, Taylor, Twiggs, Webster and Wilkinson.

"Seventh District: Bartow, Catoosa, Chattooga, Cobb, Dade, Floyd, Gordon, Haralson, Murray, Paulding, Polk, Walker and Whitfield.

"Eighth District: Appling, Atkinson, Bacon, Ben Hill, Berrien, Bleckley, Brantley, Camden, Charlton, Clinch, Coffee, Cook, Dodge, Echols, Glynn, Ii-win, Jeff Davis, Lanier, Laurens, Lowndes, Pierce, Pulaski, Telfair, Ware, Wayne and Wilcox.

"Ninth District: Banks, Barrow, Cherokee, Dawson, Elbert, Fannin, Forsyth, Franklin, Gilmer, Gwinnett, Habersham, Hall, Hart, Jackson, Lumpkin, Madison, Pickens, Rabun, Rockdale, Stephens, Towns, Union and White.
"Tenth District: Baldwin, Clarke, Columbia, Glascock, Greene, Hancock, Jefferson, Johnson, Lincoln, McDuffie, Morgan, Oconee, Oglethorpe, Richmond, Taliaferro, Walton, Warren, Washington .and Wilkes."

WEDNESDAY, FEBRUARY 12, 1964

581

Section 2. This Act shall be applicable to the members of the United States House of Representatives who are elected for the 1965-66 term and to those who are elected for future terms.

Section 3. All laws and parts of laws in conflict with this act are hereby repealed.

Senators Smith of the 18th, Byrd of the 17th, Gillis of the 20th and Carter of the 14th offered the following substitute to the Committee substitute to SB 276:
A BILL
To be entitled an act to amend Code Section 34-2301, relating to congressional districts and the composition thereof, so as to designate the counties and portions thereof which shall compose the ten congres sional districts of Georgia; to provide for the applicability of this act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 34-2301, relating to congressional districts and the composition thereof, is hereby amended by striking said Section in its entirety and inserting in lieu thereof a new Code Section 34-2301 to read as follows:
"34-2301. Congressional districts.--The State is hereby divided into 10 congressional districts, each of said districts being entitled to elect one Representative to the Congress of the United States. The districts shall be composed of the following counties, or portions thereof, respectively:
"First District: Bryan, Bulloch, Burke, Candler, Chatham, Effingham, Emanuel, Evans, Jenkins, Johnson, Laurens, Liberty, Montgomery, Screven, Tattnall, Toombs, Treutlen and Wheeler.
"Second District: Baker, Brooks, Calhoun, Clay, Colquitt, Decatur, Dougherty, Early, Grady, Miller, Mitchell, Seminole, Thomas, Tift, Turner and Worth.
"Third District: Bleckley, Chattahoochee, Crawford, Crisp, Dooly, Harris, Houston, Lee, Macon, Marion, Muscogee, Peach, Pulaski, Quitman, Randolph, Schley, Stewart, Sumter, Taylor, Terrell, Twiggs, Webster, Wilcox and Wilkinson.
"Fourth District: Bibb, Butts, Carroll, Clayton, Coweta, Fayette, Heard, Henry, Jones, Lamar, Meriwether, Monroe, Pike, Spalding, Talbot, Troup and Upson.
"Fifth District: Fulton, with the exception of the territory embraced within State senatorial districts 36 and 37 as such districts are constituted and described in Code Section 47-102, relating to

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senatorial districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7).

"Sixth District: DeKalb, plus that territory of Fulton County embraced within State senatorial districts 36 and 37 of such districts are constituted and described in Code Section 47-102, relating to senatorial districts, as amended, particularly by an act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 7).

"Seventh District: Bartow, Catoosa, Chattooga, Cobb, Dade, Douglas, Floyd, Gordon, Haralson, Murray, Paulding, Polk, Walker and Whitfield.

"Eighth District: Appling, Atkinson, Bacon, Ben Hill, Berrien, Brantley, Camden, Charlton, Clinch, Coffee, Cook, Dodge, Echols, Glynn, Irwin, Jeff Davis, Lanier, Long, Lowndes, Mclntosh, Pierce, Telfair, Ware and Wayne.

"Ninth District: Banks, Barrow, Cherokee, Dawson, Elbert, Fannin, Forsyth, Franklin, Gilmer, Gwinnett, Habersham, Hall, Hart, Jackson, Lumpkin, Madison, Pickens, Eabun, Rockdale, Stephens, Towns, Union and White.

"Tenth District: Baldwin, Clarke, Columbia, Glascock, Greene, Hancock, Jasper, Jefferson, Lincoln, McDuffie, Morgan, Newton, Oconee, Oglethorpe, Putnam, Richmond, Taliaferro, Walton, War ren, Washington and Wilkes."

Section 2. This act shall be applicable to the members of the United States House of Representatives who are elected for the 1965-66 term and to those who are elected for future terms.

Section 3. All laws and parts of laws in conflict with this act are hereby repealed.

On the adoption of the floor substitute to the Committee substitute, Senator Jackson of the 16th 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:

Byrd Carter Gillis Gordy Holloway

Jackson Noble Pelham Pennington Smith

Spinks Webb Yancey Young

WEDNESDAY, FEBRUARY 12, 1964

583

Those voting in the negative were Senators:

Broun of 46th Brown of 34th Carlton Coggin Conway Downing Ellis Fincher Fuqua Gayner Hall Harrison Heard

Hunt Johnson of 42nd Johnson of 38th Kendrick Kidd Knox Lee Loggins Maclntyre Miller Moore McKinnon McWhorter

Oliver Owens Phillips Plunkett Rowan Salome Scott Searcey Smalley Thomas Tribble Wesberry Zorn

The call of the roll was verified.

On the adoption of the floor substitute to the committee substitute, the ayes were 14, nays 39, and the floor substitute to the committee substitute was lost.

Senator Gillis of the 20th offered the following amendment to the Commit tee substitute:

Amend Committee substitute to SB 276 by removing Laurens County from the Eighth Congressional District and placing Laurens County in the First Congressional District.

On the adoption of the amendment, the ayes were 49, nays 0, and the amendment was adopted.

Senator Lee of the 47th offered the following amendment to the Committee substitute for SB 276:

Amend Committee substitute for SB 276 by striking from Code Section 34-2301 as it appears in section 1 of said bill, the language relative to the counties comprising the Third, Ninth and Tenth Districts, and inserting in lieu thereof new language to read as follows:
Third District: Butts, Carroll, Clayton, Coweta, Crawford, Douglas, Fayette, Harris, Heard, Henry, Jasper, Jones, Lamar, Meriwether, Monroe, Pike, Putnam, Rockdale, Spalding, Talbot, Troup and Upson.
Ninth District: Banks, Barrow, Cherokee, Dawson, Fannin, Forsyth, Gilmer, Gwinnett, Habersham, Hall, Jackson, Lumpkin, Madison, Newton, Pickens, Rabun, Stephens, Towns, Union, Walton and White.

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Tenth District: Baldwin, Clarke, Columbia, Elbert, Franklin, Glascock, Greene, Hancock, Hart, Jefferson, Johnson, Lincoln, McDuffie, Morgan, Oconee, Oglethorpe, Richmond, Taliaferro, Warren, Washington and Wilkes.

On the adoption of the amendment, the ayes were 30, nays 14, and the amend ment was adopted.

On the adoption of the Committee substitute as amended, Senator Jackson of the 16th 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:

Brp.un of 46th Brown of 34th Carlton Coggin Conway Downing Ellis Fincher Fuqua Gayner Gillis Hall

Harrison Heard Johnson of 42nd Johnson of 38th Kendrick Knox Lee Loggins Maclntyre Miller Moore McKinnon

McWhorter Oliver Owens Plunkett Rowan Salome Searcey Smalley Tribble Webb Zorn

Those voting in the negative were Senators:

Byrd Carter Gordy Holloway Hunt Jackson

Kidd Noble Pelham Pennington Phillips Scott

Smith Spinks Thomas Wesberry Yancey Young

The roll call was verified.

On the adoption of the Committee substitute, the ayes were 35, nays 18, and the committee 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 36, nays 17.

WEDNESDAY, FEBRUARY 12, 1964

585

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

Senator Carter of the 14th gave notice that at the proper time he would move that the Senate reconsider its action on SB 276.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 198. By Senators Carlton of the 21st, Jackson of the 16th, Webb of the llth and others:
A bill to create the Georgia Educational Improvement Council; to pro vide for appointment and terms of members; to define purpose; to repeal conflicting laws; and for other purposes.
The House amendments were as follows:
The Committee on Education moves to amend SB 198 as follows: Delete the following from lines 4 and 5 from Section 3, "person from the members appointed from the State at large to serve as", making the Section in its entirety to read as follows:
Section 3. The Council shall hold its first meeting as soon as practicable after formation and upon the call of the temporary chairman to be appointed by the Governor, and shall, at its first meeting elect a chairman, and proceed to organize itself in such manner as shall best be conducive to the accomplishment of its purpose and function. The Council shall meet at such regular times as it shall prescribe and upon call of the chairman or upon request to the chairman of a majority of the members of the Council.
By striking from Section 4 the following language:
"In the event the Governor appoints any person who is an official or employee of either the Judicial or Legislative Branch, such person shall be authorized to serve as a member of the Council and to receive the per diem and expenses provided for herein from the funds provided for the Council, regardless of the provisions of any other law to the contrary."
and inserting in lieu thereof the following:
"In the event that any member of the Council is an officer or employee of any other branch of State Government he shall be compensated from'the funds appropriated for the operation of that branch of which he is an employee or member. When such member is so compensated out of funds other than those appropriated to

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the Council, the Department or Agency paying such compensation shall notify the Budget Director and the State Treasurer and the appropriation of said Council shall be reduced in a like amount."

Senator Webb of the llth moved that the Senate agree to the House amend ment to SB 198.
On the motion, the ayes were 30, nays 0, and the amendments were agreed to.

SB 283. By Senator Conway of the 41st:
A bill to create the Georgia Science Commission; to provide for the members thereof; to provide for terms, compensation, duties and powers; to provide for officers; to provide for personnel; to provide for commit tees; to provide for funds; to repeal conflicting laws; and for other purposes.

The Committee on Educational Matters offered the following substitute:
A BILL
To create the Georgia Science and Technology Commission; to pro vide for the members thereof; to provide for terms, compensation, duties and powers; to provide for officers; to provide for personnel; to pro vide for committees; to provide for funds; to repeal the Resolution creating the Georgia Nuclear Advisory Commission approved February 15, 1957 (Ga. Laws 1957, p. 60), so as to abolish said Georgia Nuclear Advisory Commission; to provide for an effective date; to repeal con flicting laws; and for other purposes.
Whereas, the State of Georgia is in a period of impressive industrial development and enjoys opportunities for unprecedented achievements in the immediate future; and
Whereas, it is readily apparent that Georgia must play a greater role in the national program of space exploration and other areas of science and technology; and
Whereas, it is essential that the Governor, members of the General Assembly, and others must be continuously informed of progress and opportunities in such fields in order to promote the advancement of science and technology in the State;
NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is hereby created the Georgia Science and Tech nology Commission. The Commission shall be composed of not less than thirty (30) nor more than forty (40) members, all of whom shall be

WEDNESDAY, FEBRUARY 12, 1964

587

appointed by the Governor. As far as practical, the members shall be science graduates at accredited institutions. Initially, fourteen (14) members of the Commission shall be appointed for two (2) year terms; fourteen (14) for four (4) year terms; and the remainder for six (6) year terms. Thereafter, successors shall be appointed by the Governor for six (6) year terms. Members shall be eligible to succeed themselves. The Commission shall select from its membership an Executive Commit tee of not more than nine (9) members which shall have the authority to act for the Commission. The Governor shall be an ex officio member of the Commission and of the Executive Committee.

Section 2. The Commission shall elect its own chairman and such other officers as it deems advisable, who shall serve for terms of two (2) years. The Commission shall adopt procedures for its operation and shall meet at least once each quarter on a day to be determined by the Commission. It shall meet at other times on the call of the chairman and under such other procedures as the Commission shall prescribe. The Commission is hereby authorized to appoint committees and pro vide for the functions of such committees.

Section 3. The Commission is hereby directed to create a scientific advisory committee to be composed of not more than twenty (20) out standing scientists from academic and industrial fields, who will be appointed by the Commission. These members need not be residents of the State of Georgia but should be of national stature. This commit tee shall make recommendations to the Commission relative to policies and emphasis in science programs. The Commission and the committee shall meet in joint session at least once a year and at such times and for such purposes as the Commission deems desirable.

Section 4. The Commission shall appoint a director who shall be the administrative head of the staff of the Commission and shall carry out the policies of the Commission. He shall be a scientist of recognized ability and shall have had experience as a research administrator. His compensation shall be fixed by the Commission and he shall serve at the pleasure of the Commission. The director shall employ the person nel necessary to carry out the duties and functions of the Commission. He shall fix the compensation of staff personnel subject to the approval of the Commission.
Section 5. The Commission shall review and evaluate the status of the scientific and technological resources and capabilities of the State of Georgia. It shall advise the Governor, the General Assembly and public agencies and institutions relative to scientific research and development matters, particularly as such matters affect the entire State. The Commission shall provide information, planning, evaluation, and recommendations for action to the Governor, the General Assembly, other agencies of the State, and private agencies within the State.
Section 6. The members of the Commission may receive a per diem of $20 fee each day traveling to and from and in attendance at meetings of the Commission, plus actual expenses incurred in connec tion therewith. The funds necessary to carry out the provisions of this act will come from funds appropriated to the Commission by the General

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Assembly. The Commission may also receive funds contributed by foundations, private firms, individuals, and other non-State-government sources.

Section 7. The Commission is authorized to employ technical, sci entific, and administrative personnel on a part time or full time basis. The Commission shall, wherever possible, use the services of existing State agencies, but where such agencies cannot or will not serve, the Commission may utilize the services of other institutions and firms.

Section 8. The Resolution creating the Georgia Nuclear Advisory Commission, approved February 15, 1957 (Ga. Laws 1957, p. 60), is hereby repealed in its entirety and the Commission created thereunder is hereby abolished.

Section 9. This act shall become effective on April 1, 1964.

Section 10. 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 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.

Senator Conway of the 41st asked unanimous consent that SB 283 be im mediately transmitted to the House.

The consent was granted.

HB 846. By Mr. Raulerson of Echols:
A bill to amend an act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt sugar and other feeds for honeybees; and for other purposes.

Senator Pennington of the 45th offered the following substitute:

WEDNESDAY, FEBRUARY 12, 1964

589

A BILL

To be entitled an act to amend an act known as the "Georgia Re tailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, so as to exempt from the taxes imposed by said Act sugar used as food for honey bees kept for the commercial production of honey, beeswax and honey bees; to exempt the sale of cattle, hogs, sheep, horses, poultry and bees when sold for breeding purposes; to provide an effective date for this act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, is hereby further amended by adding to Section 3(c)2 thereof the following subparagraphs, to be designated subparagraphs (r) and (s) :

"(r) Sugar used as food for honey bees kept for the com mercial production of honey, beeswax and honey bees, provided the Commissioner's prior approval is obtained.

"(s) The tax levied by this Act shall not apply to the sale of cattle, hogs, sheep, horses, poultry or bees when sold for breeding purposes."

Section 2. The provisions of this act shall become effective March 1, 1964.

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 31, nays 1, 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 31, nays 1.

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

Senator Webb of the llth asked unanimous consent that HB 846 be immedi ately transmitted to the House.

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The consent was granted.

HR 342. By Messrs. Smith of Whitfield and Richardson of Chatham:
A resolution to amend a resolution creating the "Election Laws Study Committee", so as to clarify the provisions relating to compensation for certain members; 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 362. By Mr. McClelland of Fulton:
A resolution authorizing the delivery of a certain plaque to the com mercial Union Group of Insurance Companies; and for other purposes.

The Committee on Rules offered the following amendment:

Amend HR 362 by inserting in the second line of the next to the last paragraph of said resolution immediately after the first "the" in said line the words and figures sum of Ten ($10.00) Dollars and the", so that when amended said paragraph shall read as follows:
"NOW, THEREFORE, BE IT RESOLVED BY THE GEN ERAL ASSEMBLY OF GEORGIA that, for and in consideration of the sum of Ten ($10.00) Dollars and the benefits that have flowed to the State by the generosity of Honorable Alexander H. Wray, the Governor, acting for and on behalf of the State, is hereby authorized to transfer and deliver said plaque to Honorable D. M. Deakins for the Commercial Union Group of Insurance Companies."

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 as amended, was agreed to.

On the adoption of the resolution, the ayes were 29, nays 0.

WEDNESDAY, FEBRUARY 12, 1964

591



The resolution, having received the requisite constitutional majority, was

' adopted as amended.

SB 306. By Senators Downing of the 1st, Coggin of the 35th and others:
A bill to provide that each employee in the State of Georgia shall be permitted by his employer to have any necessary time off to vote in primaries and elections for which such employee is qualified and regis tered to vote; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.

Senator Downing of the 1st offered the following amendment:

Amend SB 306 by striking from the second line the word "to", and inserting therein the words "and discussing with".

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 32, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 835. By Mr. Bolton of Spalding: A bill to amend an act establishing the State Employees' Retirement System, so as to provide for membership for any person becoming a judge of the Court of Appeals or a Justice of the Supreme Court after April 1, 1964; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

HB 836. By Mr. Bolton of Spalding:
A bill to amend an act establishing the State Employees' Retirement System, so as to authorize the board of trustees to adopt simplified benefit tables; and for other purposes.

The report 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 300. By Senator Holloway of the 12th:
A bill to amend an act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act" approved February 20, 1951, (Ga. L. 1951, p. 360, et seq.), as amended, granting certain exemptions from taxes; to clarify Sec. 4; provide effective date; repeal conflicting laws; and for other purposes.

Senator Holloway offered the following amendment:

Amend SB 300 as follows:

By striking the words "Federal Aviation Agency" in the fourth line of the paragraph designated subparagraph (q) as added by Sec tion 1 of said Bill and substituting in lieu thereof the words "Civil Aeronautics Board" so that said subparagraph (g) as added by such Section 1 of said Bill shall read as follows:
"(q) Fuel consumed in aircraft by licensed carriers of persons or property in interstate commerce and repair parts imported into this State and presently classified by the Civil Aeronautics Board as flight equipment expendible parts which become a permanent part of such aircraft to the extent that such property is consumed outside the territorial limits of this State."

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, was agreed to as amended.

On the passage of the bill, the ayes were 30, nays 0.

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593

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

Senator Smalley of the 28th asked unanimous consent that he be recorded as "present and not voting".

The consent was granted.

SB 304. By Senator Rowan of the 8th:
A bill revising the laws relating to game and fish, so as to exclude there from the owners of private ponds as relates to the use or disposal of any fish taken from said private ponds; to repeal conflicting laws; and for other purposes.

Senator Carter of the 14th moved that SB 304 be recommitted to the Com mittee on Agriculture and Natural Resources, and the motion prevailed.

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 167.

SB 271.

SB 298.

SB 305.

SR 143.

SR 170.

Respectfully submitted,

Pelham of 10th District,

Chairman.

Senator Carlton of the 21st 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 o'clock tomorrow morning.

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JOURNAL OP THE SENATE,

Senate Chamber, Atlanta, Georgia, Thursday, February 13, 1964.

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 the Reverend Clifford Hodges Brewton, pastor, Hull Memorial Presbyterian Church, Savannah, Georgia.

Prayer was offered by the Reverend J. K. Hutchings, retired.

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.

Senator Carter of the 14th moved that the Senate reconsider its action of yes terday on the following bill of the Senate:

SB 276. By Senators Webb of the llth, Smalley of the 28th, Lee of the 47th, Hunt of the 26th, Spinks of the 9th, Smith of the 18th, Moore of the 31st, Broun of the 46th, Owens of the 49th and Miller of the 50th:
A bill relating to congressional districts and the composition thereof, so as to designate the counties and portions thereof which shall compose the ten congressional districts of Georgia; to repeal conflicting laws; and for other purposes.

On the motion to reconsider, the ayes were 18, nays 22, and the motion was lost.

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

Senator Carlton of the 21st 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 bill 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.

THURSDAY, FEBRUARY 13, 1964

595

The consent was granted.

The president appointed as a committee of Escort for the Governor to the joint session, the following:

Senators Knox of the 24th, Thomas of the 54th, Owens of the 49th, Loggins of the 53rd, Searcey of the 2nd and Hunt of the 26th.

The president appointed as a Committee of Escort for the Junior United States Senator, Senator Herman Talmadge, the following:

Senators Webb of the llth, Plunkett of the 30th, Byrd of the 17th, Ellis of the 44th, Gillis of the 20th and Jackson of the 16th.

The president appointed as a Committee of Escort for the Senior United States Senator, Senator Richard B. Russell, the following:

Senators Harrison of the 48th, Lee of the 47th, Coggin of the 35th, Pennington of the 45th, Downing of the 1st and Carlton of the 21st.

The hour for convening the joint session of the House and Senate having ar rived, 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 Senators Richard B. Russell and Herman E. Talmadge, was called to order by the president of the Senate, Honorable Peter Zack Geer.

Governor Sanders, Honorable Richard B. Russell, Honorable Herman E. Tal madge, and other distinguished guests appeared upon the floor of the House.

The Secretary of the Senate read the resolution calling for the joint session.

Governor Sanders introduced Senators Richard B. Russell and Herman E. Talmadge with the following remarks:

Lieutenant-Governor Geer, Speaker Smith, members of the Senate and House of Representatives and my fellow Georgians, today the members of the General Assembly, as well as all Georgians, are honored by the presence of two great men and today I am honored to be able to extend a welcome from you to them.

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JOURNAL OF THE SENATE,

I certainly could never presume to introduce them to you, for wherever they appear in Georgia, they need no introduction.

Both of these men, Senator Richard B. Russell and Senator Herman E. Talmadge, have served, in former years, as governors of our State, but I feel safe in saying that neither of them, while he served as Governor of Georgia, was ever bestowed the privilege so great as mine today ... in being able to pre sent not one, but two men whose very names have become synonymous with the name of the State they have served with such integrity. These are men who are rare, not only because of the impressive and magnificent records they have made through the years but also because they both share a certain quality found only in the finest men - - -, the quality of dedication.

It would be difficult to find two men whose sense of commitment to the eco nomic, the governmental, and the spiritual well being of their people is more complete.

It would be difficult to find two men who have served so ably and so well as vanguards on the march to progress in our State.

It would be difficult to find two men who have performed and are perform ing so acceptably the essential job of serving their State to the best of their convictions.

And it would be difficult to find any two other men who have brought to their State the respect that theirs have afforded us.

Today, in this legislative chamber, we have with us two men of great stature, two great men of great import, two men whose counsel is sought not only by their fellow colleagues in the United States Congress, but also by civic leaders from all over the country . . . even by presidents.

Theirs is the kind of guidance that is invaluable for us all and I am confident that all Georgians could benefit from their presence and receive a genuine spiri tual uplift from their words.

It is, therefore, an honor to us for them to come here today to receive these honors and I am proud to be able to present to you at this time our distinguished, and my personal friends, Senators Richard B. Russell and Herman E. Talmadge.

Honorable Herman E. Talmadge addressed the General Assembly.

Honorable Richard B. Russell addressed the General Assembly.

Senator Carlton of the 21st 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.

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597

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 & Senate to-wit:

HB 1089. By Messrs. Wilkes of Cook and Hill of Meriwether:
A bill to create the Georgia Higher Education Assistance Corporation; and for other purposes.

HB 406. By Mr. Milhollin of Coffee:
A bill to amend an act known as the Georgia Fertilizer Act, so as to define the word "lot" insofar as it applies in determining plant nutrient deficiency and penalties; and for other purposes.

HB 525. By Messrs. Pafford of Lanier, Gibbons of Lowndes and others:
A bill to amend an act relating to State Senatorial Districts, so as to provide for a change in the composition of two districts; and for other purposes.

HR 433. By Mr. Smith of Emanuel:
A resolution authorizing the conveyance of certain property of Noel B. Fowler; and for other purposes.

HB 1070. By Messrs. Mitchell and Smith of Whitfield:
A bill to amend an act amending the charter of the City of Dalton, estab lishing the corporate limits of said City and by incorporating certain land lots, in said city; and for other purposes.

HB 1069. By Mr. Smith of Emanuel:
A bill to amend an act establishing a City Court of Swainsboro, so as to provide for rules; and for other purposes.

HB 1077. By Mr. Bagby of Paulding:
A bill to amend an act incorporating the City of Dallas, so as to provide that all persons owning property in said City shall be required to make a return under oath, annually, to the Board of Tax Assessors; and for other purposes.

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JOURNAL OF THE SENATE,

HB 907. By Mr. Milhollin of Coffee:
A bill to be known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" as pertains to Coffee County; and for other purposes.

HB 792. By Messrs. Dixon of Ware, Bynum of Rabun and Milford of Franklin:
A bill to amend an act creating the Peace Officers Annuity and Benefit Fund, so as to authorize membership in the Fund by certain persons who no longer served as peace officers at the time of the creation of the fund; and for other purposes.

HB 844. By Mr. Story of Gwinnett:
A bill to amend an act creating the Teachers Retirement System, so as to provide a limitation upon reestablishment of membership after having withdrawn contributions; and for other purposes.

HB 845. By Mr. Story of Gwinnett:
A bill to amend the Teachers Retirement System Act, so as to provide a per diem allowance in addition to reimbursement of expenses for mem bers of the Board of Trustees; and for other purposes:

HB 988. By Mr. Wilkes of Cook:
A bill to amend an act providing that any person who shall have reached his or her 18th birthday and who is married, may execute notes, etc., so as to authorize certain minors to execute instruments conveying in terests in real estate; and for other purposes.

HB 977. By Messrs. Snow of Walker, Odom and Lee of Dougherty and others:
A bill to amend an act so as to provide that a financing statement for fixtures attached to real estate shall not have priority over a creditor with a lien on the real estate subsequently obtained unless the financing statement contains a legally adequate description of the real estate on which such fixture is located and name of the owner of the real estate appears thereon; and for other purposes.

HB 939. By Messrs. Smith of Grady, Bolton of Spalding, and others:
A bill to amend an act known as the Unemployment compensation Law, so as to provide for the transfer from the State Revenue Commissioner to the Commissioner of Labor of the responsibility and authority for the collection of delinquent taxes due the State of Georgia by reason of the Employment Security Law; and for other purposes.

THURSDAY, FEBRUARY 13, 1964

599

HB 1001. By Mr. Busbee of Dougherty:
A bill to amend an act defining certain terms concerning the regula tion of "motor carriers"; and for other purposes.

HB 1000. By Mr. Busbee of Dougherty:
A bill to amend an act exempting certain motor vehicles from the pro visions of the Code of Ga., concerning the regulation of "motor common carriers"; and for other purposes.
The House has passed as amended the following bills of the Senate to-wit:

SB 200. By Senator Gordy of the 15th:
A bill to provide for the licensing and regulating of the business of sell ing, issuing and delivering of checks, drafts, etc., for a fee or other consideration; and for other purposes.

SB 185. By Senators Brewer of the 39th, Brown of the 34th and others:
A bill to amend an act establishing a new charter for the City of At lanta, so as to permit the Board of Education of the City of Atlanta to employ counsel; and for other purposes.

The House has adopted the following resolutions of the House to-wit:

HR 490. By Mr. Mullis of Bleckley:
A resolution requesting the Board of Regents to establish a four year college at the Middle Georgia College; and for other purposes.

HR 493. By Messrs. Hull and Fleming of Richmond, and many others:
A resolution recommending the allocation of funds to the Board of Regents to be used for the initial planning, etc., and operating of a dental college in conjunction with the Medical College of Georgia; and for other purposes.

The House has agreed to the Senate amendments or substitutes to the fol lowing bills of the House:

HB 947. By Messrs. Conner of Jeff Davis, Mackay of DeKalb and others:
A bill to amend an act known as the Georgia Insurance Code, relating to fees and taxes imposed on insurance companies so as to provide a uniform policy of this State in the exercise of the powers of municipal corporations and other political subdivisions to tax life insurance com panies; and for other purposes.

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JOURNAL OF THE SENATE,

HB 922. By Mr. Williams of Hall:
A bill to amend an act governing and regulating the use of the public roads and highways of this State, so as to change the maximum weight and length limitations on combinations of vehicles; and for other pur poses.

HB 797. By Messrs. Smith of Grady and Bolton of Spalding:
A bill to amend an act known as the "Uniform Commercial Code", so as to provide that the negotiability of a security shall be determined by the law of the jurisdiction of organization of the issuer; and for other purposes.

The House has agreed to the Senate amendment as amended by the House to the following bill of the House to-wit:

HB 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.

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

SB 340. By Senators Johnson of the 42nd, Conway of the 41st, McWhorter of the 43rd, and Wesberry of the 37th:
A bill to provide for the use of voting recorders and tabulating machines for recording and computing votes at all elections, in any county in Georgia having a certain population, by action of the county commis sioners of any such county; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 341. By Senator Fuqua of the 22nd:
A bill relating to certification of accounts, so as to change the applica tion fee for certification as a certified public accountant; to change the annual registration fee; to change the annual registration fee for nonresidents; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SB 342. By Senator Zorn of the 6th:
A bill relating to the joinder of claims by or against different persons, so as to provide for the joinder of parties plaintiff or defendant in one

THURSDAY, FEBRUARY 13, 1964

601

action where any asserted right pertains to or arises out of the same transaction, and where any question of law or fact common to all parties plaintiff or defendant will arise in the action; and for other purposes.
Referred to Committee on Judiciary.

SB 343. By Senators Wesberry of the 37th and Johnson of the 38th:
A bill relating to the entry of colored taxpayers' names on the tax digest, so as to authorize the several tax receivers or tax commissioners to accumulate certain statistical information concerning taxpayers; to re peal conflicting laws; and for other purposes.
Referred to Committee on Rules.

SB 344. By Senators Wesberry of the 37th, Johnson of the 38th, and Brown of the 34th:
A bill relating to reports to the State Revenue Commissioner concern ing colored taxpayers by local tax officials, so as to authorize the sev eral tax receivers or tax commissioners to accumulate certain statistical information concerning taxpayers; and for other purposes.
Referred to Committee on Rules.

SB 345. By Senators Phillips of the 27th, Hunt of the 26th:
A bill to authorize Bibb County to enter into agreements with any mu nicipality within the limits of Bibb County for the construction and maintenance of any public streets, roads, bridges, sidewalks, curbings, gutters, and related facilities located within the limits of the County of Bibb; to provide the procedure connected therewith; to repeal con flicting laws; and for other purposes.

Referred to Committee on County and Municipal Governments.

SR 201. By Senator Rowan of the 8th:
A resolution creating a committee to investigate the withdrawal of Georgia Tech from membership in the Southeastern Conference; and for other purposes.
Referred to Committee on Rules.

SR 202. By Senators Phillips of the 27th:
A resolution creating an interim study committee for traffic safety; and for other purposes.
Referred to Committee on Rules.

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JOURNAL OF THE SENATE,

SR 203. By Senator Gayner of the 5th:
A resolution authorizing and directing the State Librarian to furnish certain law books for the Judge of the Brunswick Judicial Circuit; and for other purposes.
Referred to Committee on County and Municipal Governments.

SR 204. By Senator Johnson of the 38th:
A resolution proposing an amendment to the Constitution so as to provide that every employer shall pay wages to each of his employees of not less than one ($1.00) per hour and the General Assembly shall enforce said provision by suitable laws and penalties; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Rules.

HB 406. By Mr. Milhollin of Coffee:
A bill to amend an act known as the Georgia Fertilizer Act, so as to define the word "lot" insofar as it applies in determining plant nutrient deficiency and penalties; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 525. By Messrs. Pafford of Lanier, Gibbons of Lowndes and others:
A bill to amend an act relating to State Senatorial Districts, so as to provide for a change in the composition of two districts; and for other purposes.
Referred to Committee on Rules.

HB 792. By Messrs. Dixon of Ware, Bynum of Rabun and Milford of Franklin:
A bill to amend an act creating the Peace Officers Annuity and Benefit Fund, so as to authorize membership in the Fund by certain persons who no longer served as peace officers at the time of the creation of the fund; and for other purposes.
Referred to Committee on Rules.

HB 844. By Mr. Story of Gwinnett:
A bill to amend an act creating the Teachers Retirement System, so as to provide a limitation upon reestablishment of membership after hav ing withdrawn contributions; and for other purposes.
Referred to Committee on Educational Matters.

THURSDAY, FEBRUARY 13, 1964

603

HB 845. By Mr. Story of Gwinnett:
A bill to amend the Teachers Retirement System Act, so as to provide a per diem allowance in addition to reimbursement of expenses for mem bers of the Board of Trustees; and for other purposes.
Referred to Committee on Educational Matters.

HB 907. By Mr. Milhollin of Coffee:
A bill to be known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" as pertains to Coffee County; and for other purposes.
Referred to Committee on Temperance.

Senator McKinnon of the 7th moved that HB 907 be engrossed, and the mo tion prevailed.

HB 939. By Messrs. Smith of Grady, Bolton of Spalding and others:
A bill to amend an act known as the Unemployment Compensation Law, so as to provide for the transfer from the State Revenue Commissioner to the Commissioner of Labor of the responsibility and authority for the collection of delinquent taxes due the State of Georgia by reason of the Employment Security Law; and for other purposes.
Referred to Committee on Industry and Labor.

HB 977. By Messrs. Snow of Walker, Odom and Lee of Dougherty and others:
A bill to amend an act so as to provide that a financing statement for fixtures attached to real estate shall not have priority over a creditor with a lien on the real estate subsequently obtained unless the financ ing statement contains a legally adequate description of the real estate on which such fixture is located and name of the owner of the real estate appears thereon; and for other purposes.
Referred to Committee on Judiciary.

HB 988. By Mr. Wilkes of Cook:

A bill to amend an act providing that any person who shall have reached

his or her 18th birthday and who is married, may execute notes, etc.,

so as to authorize certain minors to execute instruments conveying in

terests in real estate; and for other purposes.

,

Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE,

HB 1000. By Mr. Busbee of Dougherty:
A bill to amend an act exempting certain motor vehicles from the provi sions of the Code of Georgia, concerning the regulation of "motor com mon carriers"; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

HB 1001. By Mr. Busbee of Dougherty:
A bill to amend an act defining certain terms concerning the regulation of "motor carriers"; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

HB 1069. By Mr. Smith of Emanuel:
A bill to amend an act establishing a City Court of Swainsboro, so as to provide for rules; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1070. By Messrs. Mitchell and Smith of Whitfield:
A bill to amend an act amending the charter of the City of Dalton, es tablishing the corporate limits of said city and by incorporating cer tain land lots, in said city; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1077. By Mr. Bagby of Paulding:
A bill to amend an act incorporating the City of Dallas, so as to provide that all persons owning property in said city shall be required to make a return under oath, annually, to the Board of Tax Assessors; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1089. By Messrs. Wilkes of Cook and Hill of Meriwether:
A bill to create the Georgia Higher Education Assistance Corporation; and for other purposes.
Referred to Committee on Educational Matters.

HR 433. By Mr. Smith of Emanuel:
A resolution authorizing the conveyance of certain property of Noel B. Fowler; and for other purposes.
Referred to Committee on County and Municipal Governments.

THURSDAY, FEBRUARY 13, 1964

605

HR 490. By Mr. Mullis of Bleckley:
A resolution requesting the Board of Regents to establish a four year college at the Middle Georgia College; and for other purposes.
Referred to Committee on Educational Matters.

HR 493. By Messrs. Hull and Fleming of Richmond and many others:
A resolution recommending the allocation of funds to the Board of Regents to be used for the initial planning, etc., and operation of a dental college in conjunction with the Medical College of Georgia; and for other purposes.
Referred to Committee on Educational Matters.

The following bills and resolutions were read the second time:

SB 322. By Senator Smith of the 18th:
A bill to place the Clerk of the Superior Court of Houston County upon an annual salary in lieu of the fee system of compensation; to repeal conflicting laws; and for other purposes.

SB 323. By Senator Smith of the 18th:
A bill to place the Tax Commissioner of Houston County upon an an nual salary in lieu of the fee system of compensation; to provide for personnel within the Tax Commissioner's office; to provide for budgets; to repeal conflicting laws; and for other purposes.

SB 324. By Senator Smith of the 18th:
A bill to place the Ordinary of Houston County upon an annual salary in lieu of the fee system of compensation; to provide the manner in which such salary shall be fixed; to repeal conflicting laws; and for other purposes.

SB 325. By Senator Smith of the 18th:
A bill to place the Sheriff of Houston County upon an annual salary in lieu of the fee system of compensation; to provide the manner in which such salary shall be fixed; to repeal conflicting laws; and for other purposes.

SB 326. By Senators Salome of the 36th, Wesberry of the 37th, Johnson of the 38th, Brown of the 34th, and Coggin of the 35th:
A bill relating to the chartering and empowering of corporations, so as to change the provisions relative to converting shares of stock into

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JOURNAL OF THE SENATE,

shares of another class having a superior preference; to repeal con flicting laws; and for other purposes.

SB 327. By Senator Ellis of the 44th:
A bill creating the Peace Officers' Annuity and Benefit Fund, so as to redefine the term "peace officer"; to provide for prior credit for cer tain peace officers; to repeal conflicting laws; and for other purposes.

SB 328. By Senator Kidd of the 25th:
A bill to provide that the provisions of the Code Chapter 68-6 shall not apply to motor vehicles commonly known as tow trucks or wreckers, and service trucks or vehicles designed and exclusively used in the business of towing or otherwise rendering assistance to abandoned wrecked ve hicles; and for other purposes.

SB 329. By Senators Maclntyre of the 40th, Johnson of the 38th, Wesberry of the 37th, Salome of the 36th, Coggin of the 35th, and Brown of the 34th:
A bill creating a new charter for the City of Alpharetta so as to change the corporate limits of said city; and for other purposes.

SB 330. By Senator Kidd of the 25th:
A bill to provide that the term "motor carrier" shall not include motor vehicles commonly known as tow trucks or wreckers, and service trucks and vehicles designed and exclusively used in the business of towing or otherwise rendering assistance to abandoned, disabled and wrecked vehicles; and for other purposes.

SB 331. By Senators Pennington of the 45th, Conway of the 41st, Johnson of the 42nd, and McWhorter of the 43rd:
A bill known as the "Stone Mountain Memorial Association Act" so as to provide that the Stone Mountain Memorial Association shall be au thorized and empowered to make rules and regulations regulating traf fic and governing the use of the facilities over which the Association has jurisdiction; and for other purposes.

SB 332. By Senator Maclntyre of the 40th:
A bill to regulate the sale of fluid milk and'milk products; to prescribe the procedure connected therewith; to provide for definitions; to pre scribe general provisions; to prohibit certain practices; to provide penalty for violations; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 13, 1964

607

SB 333. By Senators Johnson of the 38th, Coggin of the 35th, Salome of the 36th, and Maclntyre of the 40th:
A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to authorize certain counties having a certain population, to issue licenses for the sale of dis tilled spirits or alcoholic beverages from broken packages or in unbrok en packages containing less than 4 oz.; and for other purposes.

SB 334. By Senator Brown of the 34th, Maclntyre of the 40th, Coggin of the 35th, Johnson of the 38th, Salome of the 36th, and Wesberry of the 37th:
A bill establishing a new charter for the City of College Park; and for other purposes.

SB 335. By Senator Holloway of the 12th:
A bill to create a new judicial circuit for Georgia, to be known as the Dougherty Judicial Circuit, to be composed of the County of Dougherty; to provide for a judge and a solicitor-general for said circuit; to repeal conflicting laws; and for other purposes.

SB 336. By Senator Wesberry of the 37th:
A bill to prohibit the possession and consumption of intoxicating bever ages upon certain publicly owned property; to provide for a penalty; to repeal conflicting laws; and for other purposes.

SB 337. By Senator Rowan of the 8th:
A bill to amend an act relating to the qualifications of the ordinary in certain counties, so as to change the population requirements; to repeal conflicting laws; and for other purposes.

SB 338. By Senator Webb of the llth:
A bill to provide that the Judges shall have discretion in imposing fines for overweight and overlength violations.

SB 339. By Senator Kendrick of the 32nd, Yancey of the 33rd:
A bill providing a new charter for the City of Marietta, so as to change the corporate limits of said city; to change the retirement and disability benefits for participating employees; to repeal conflicting laws; and for other purposes.

SR 196. By Senator Hall of the 52nd:
A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Floyd County to issue general obliga-

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JOURNAL OP THE SENATE,

tion bonds for the purpose of establishing schools beyond the 12th grade and to levy taxes for the payment of such bonds; and for other purposes.

SR 197. By Senator Hunt of the 26th:
A resolution authorizing the Governor to execute a lease in behalf of the State of Georgia of certain property conveyed to the State by the City of Macon to be used as a site for construction of an armory for the Georgia Air National Guard, with one hundred percent Federal funds; and for other purposes.

SR 198. By Senator Hunt of the 26th:
A resolution authorizing the conveyance of certain State property lo cated in Bibb County; and for other purposes.

SR 199. By Senator Phillips of the 27th, Hunt of the 26th:
A resolution proposing an amendment to the Constitution to authorize the City of Macon in Bibb County to establish a joint City-County ad valorem Tax Office; to provide the procedure connected therewith; and for other purposes.

SR 200. By Senator Yancey of the 33rd:
A resolution proposing an amendment to the Constitution so as to abolish the office of Coroner in Cobb County, Georgia; to establish in lieu there of the office of County Medical Examiner; and for other purposes.

HB 645. By Mr. Jones of Muscogee:
A bill to amend an act providing a penalty contributing to conditions which render certain children delinquent, so as to require that any per son contributing to delinquency shall be guilty of a misdemeanor; and for other purposes.

HB 703. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act creating bonded indebtedness for counties, muni cipalities and divisions and prescribing the manner in which elections shall be held; and for other purposes.

HB 706. By Messrs. Brooks and Etheridge of Fulton: A bill to amend an act in cities having a population of more than 150,000, so as to provide that if any such city has an administrative assis tant to the mayor, that the mayor of such city may designate such ad-

THURSDAY, FEBRUARY 13, 1964

609

ministrative assistant to the mayor to serve on the board of trustees in his stead; and for other purposes.

HB 707. By Messrs. Brooks and Etheridge of Pulton:
A bill to amend an act providing a system of pensions and other bene fits for members of the paid fire departments in cities having a popula tion of more than 150,000; to provide that if any such city has an adminis trative assistant to the mayor that the mayor of such city may desig nate such administrative assistant to the mayor to serve on the board of trustees in his stead; and for other purposes.

HB 708. By Messrs. Brooks and Etheridge of Fulton:
A bill to amend an act relating to pensions for members of the police department in cities having a population of 150,000, so as to provide that if any such city has an administrative assistant to the mayor, that the mayor of such city may designate such administrative assistant to the mayor to serve on the Board of Trustees in his stead; and for other purposes.

HB 709. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act relating to pensions for members of the police department in cities having a population of 150,000 and providing a new pension system for members of the police department in such cities; to provide a system of pensions and other benefits for such members and their dependents; to provide for the tax upon the salaries of such members; and for other purposes.

HB 748. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A bill to amend an act creating a joint city-county board of tax assessors in counties having a population of more than 300,000 so as to permit the board to re-employ an attorney; and for other purposes.

HB 948. By Messrs. Towson and Knight of Laurens:
A bill to amend an act creating the Department of Public Safety, so as to authorize the payment of a portion of construction costs of quar ters and other facilities for the Uniform Division of the Department of Public Safety on property deeded to the State under a deed containing a reversionary clause; and for other purposes.

HB 950. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1964, and the fiscal year ending June 30,

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1965, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein; and for other purposes.

HB 960. By Messrs. Newton of Colquitt, Coker of Cherokee, Bowen of Toombs and others:
A bill to amend an act known as the "Georgia Agricultural Commodi ties Promotion Act", so as to provide for a change in the time limita tion for extending the referendum period; and for other purposes.

HB 971. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act creating and establishing a new charter for the City of Lithonia; and for other purposes.

HB 972. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act creating and establishing a new charter and municipal government for the Town of Decatur, now the City of Decatur, in the County of DeKalb, by providing that the mayor and com mission shall have the power of eminent domain in the control of floods, freshets and surface drainage water within the limits of the city; and for other purposes.

HB 973. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act authorizing the creation of the DeKalb County Planning Commission so as to provide that the Commission shall con sist of not less than five and not more than seven citizens of the county appointed by the governing authority; and for other purposes.

HB 974. By Messrs. Mackay and Harris of DeKalb:
A bill to abolish the Village of North Atlanta; to withdraw the certifi cate and charter of incorporation granted to the Village of North Atlanta filed in the office of the clerk of the Superior Court of DeKalb County on January 12, 1924; and for other purposes.

HB 975. My Messrs. Mackay and Harris of DeKalb:
A bill to amend the charter of the City of Lithonia, by providing for the hours of the polls to be opened and closed for city elections; and for other purposes.

HB 1004. By Messrs. Harris and Mackay of DeKalb:
A bill to fix, prescribe and establish compensation of certain elected county officials in counties having a population of not less than 250,000

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611

nor more than 500,000, including the ordinary, clerk of superior court, sheriff, and tax commissioner for the year 1964 and future years; and for other purposes.

HB 1008. By Mr. Smith of Telfair:
A bill to amend an act incorporating the Town of Scotland, so as to grant the authority to make various concessions to industries seeking to locate within the corporate limits of said municipality and the au thority to aid in the financing of said industries; and for other purposes.

HB 1009. By Mr. Lewis of Wilkinson:
A bill to consolidate the offices of tax receiver and tax collector of Wilkinson County into one office of tax commissioner; and for other purposes.

HB 1010. By Mr. Lewis of Wilkinson:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Wilkinson County, so as to dispense with a full itemization of the monthly statement of the Board; and for other purposes.

HB 1011. By Mr. Lewis of Wilkinson:
A bill to amend an act creating a new charter for the Town of Ivey, so as to provide that the tax upon all property, both real and personal, within the limits of the town shall not exceed 15 mills ad valorem; and for other purposes.

HB 1015. By Mr. Barber of Jackson:
A bill to amend an act known as the "Physical Therapists Practice Act", so as to provide that nothing contained in said act shall be construed to limit or prevent the practice of physical therapy by any person not registered under this act, if such person does not represent himself to be a registered physical therapist; and for other purposes.

HB 1018. By Messrs. Pickard, Dicus and Jones of Muscogee:
A bill to amend an act amending the charter of the City of Columbus, so as to vest in the City of Columbus, fee simple title to all the city streets that lie within the corporate limits of said city except state high ways; and for other purposes.

HB 1019. By Mr. Clarke of Monroe:
A bill to amend an act incorporating the City of Culloden, so as to change the terms of office of councilmen; and for other purposes.

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HB 1020. By Mr. Clarke of Monroe:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Monroe County, relating to the terms of members; and for other purposes.

HB 1021. By Mr. Lokey of McDuffie:
A bill to amend an act revising, consolidating and superseding the sev eral acts incorporating the Town of Thomson, and reincorporating the Town or Corporation as the City of Thomson, so as to increase the cor porate limits of the City of Thomson; and for other purposes.

HB 1022. By Messrs. Harris and Mackay of DeKalb:
A bill to amend an act creating and establishing the DeKalb County Recorder's Court; to provide for a chief judge and associate judges; and for other purposes.

HB 1023. By Messrs. Harris and Mackay of DeKalb:
A bill to prescribe the duties of the sheriffs in counties having a popu lation of 250,000 and not more than 500,000; and for other purposes.

HB 1024. By Messrs. Harris and Mackay of DeKalb: A bill to amend an act creating the Pension Board of DeKalb County and a system of retirement pay for officers, deputies and employees of DeKalb County; and for other purposes.
HB 1027. By Mr. Fowler of Douglas: A bill to abolish the present mode of compensating the clerk of the su perior court, the sheriff, the ordinary and the tax commissioner of Doug las County known as the fee system; and for other purposes.

HB 1028. By Messrs. Pickard, Dicus and Jones of Muscogee:
A bill to amend an act approved August 24, 1872, creating the Board of Commissioners of Roads and Revenues of Muscogee County; and for other purposes.

HB 1035. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A bill to amend an act relating to teachers and employees of the Board of Education of Fulton County, so as to change the provision as to maxi mum pension benefits; and for other purposes.

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613

HB 1036. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A bill relating to a joint city-county board of tax assessors in all counties having a population of 300,000 or more, so as to change the number of members of said joint board and provide a new method of appointments for same; and for other purposes.

HB 1038. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act establishing a new charter for the City of At lanta so as to change certain provisions relating to civil service system; and for other purposes.

HB 1040. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend Code section 113-1301 relating to county administrators in counties having a population of 550,000 or more, so as to provide for the appointment of assistant county administrators; and for other pur poses.

HB 1041. By Messrs. McClelland, Brooks and Etheridge of Fulton: A bill to amend an act establishing a new charter for the City of At lanta relating to the members of the personnel board; and for other purposes.
HB 1042. By Messrs. Busbee, Odom and Lee of Dougherty: A bill amending an act creating a new charter for the City of Albany, so as to provide an additional method of assessing the costs of a sewer line; and for other purposes.
HB 1043. By Messrs. Busbee, Odom and Lee of Dougherty: A bill to amend an act creating and establishing a new charter for the City of Albany, so as to change the corporate limits; and for other purposes.
HB 1044. By Messrs. Laite, Groover and House of Bibb: A bill authorizing the City of Macon through its governing authority, to convey to Huckabee Properties, Inc., the fee simple title in and to the air space lying above the 10 ft. public alley in Square 77; and for other purposes.
HB 1048. By Messrs. Killian and Isenberg of Glynn: A bill to amend an act creating the City Court of Brunswick, so as to increase the salaries of the sheriff, chief deputy sheriff and office deputy sheriff; and for other purposes.

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HB 1049. By Messrs. Killian and Isenberg of Glynn:
A bill to amend an act placing the sheriff of Glynn County upon annual salary; and for other purposes.

HB 1052. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to provide that counties having a population of 500,000 or more, the solicitors general of the superior courts are authorized and empowered to institute and conduct investigations of criminal law violations; and for other purposes.

HB 1059. By Messrs. Etheridge, Brooks and McClelland of Fulton:
A bill to repeal an act incorporating Union City; to provide that property belonging to, and obligations due to Union City shall be transferred to Fulton County with certain provisions relative to the water system of Union City; and for other purposes.

HR 60. By Mr. Fleming of Richmond: A resolution to compensate J. F. Patton; and for other purposes.

HR 79. By Mr. Clarke of Monroe: A resolution compensating E. W. Banks; and for other purposes.

HR 80. By Mr. Wilson of Cobb: A resolution compensating C. W. Clarke; and for other purposes.

HR 127. By Mr. Lindsey of Wilkes: A resolution to compensate Oley F. Cleveland; and for other purposes.

HR 157. By Messrs. Mackay of DeKalb and Roberts of Jones:
A resolution compensating Bonnie J. Cranford and her husband, James U. Cranford; and for other purposes.

HR 178. By Mr. Bowen of Toombs:
A resolution to compensate William C. Somers, Jr.; and for other pur poses.

HR 202. By Messrs. Mackay and Harris of DeKalb: A resolution to compensate Cyrus W. Horton IV; and for other purposes.

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615

HR 256. By Mr. Houston of Pierce:
A resolution to compensate the Nimmer Chevrolet Company; and for other purposes.

HR 326. By Mr. Bynum of Rabun: A resolution to compensate Mr. James M. Houck; and for other purposes.

HR 332. By Mr. Hall of Lee: A resolution to compensate Homer C. Aired; and for other purposes.

HR 341. By Mr. Hurst of Quitman: A resolution to compensate J. D. Holmes; and for other purposes.

HR 348. By Messrs. Bynum of Rabun and Cullens of Bartow: A resolution compensating Alfred Buren Parker; and for other purposes.

HR 351. By Messrs. Stalnaker of Houston and Sinclair of Macon:
A resolution compensating Mr. James E. Hattaway; and for other pur poses.

HR 356. By Messrs. Caldwell and Echols of Upson:
A resolution to compensate Mrs. Cynthia L. Oxford; and for other pur poses.
* HR 357. By Messrs. Caldwell and Echols of Upson:
A resolution to compensate Mrs. Katherine Landers Jones; and for other purposes.

HR 375. By Mr. Floyd of Chattooga: A resolution to compensate Mr. A. A. Flood; and for other purposes.

HR 377. By Mr. Lee of Clinch: A resolution to compensate Clinch County; and for other purposes.

HR 393. By Mr. Smith of Habersham:
A resolution proposing an amendment to the Constitution so as to provide that the notice of the intention to apply for local legislation

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JOURNAL OF THE SENATE,

which affects Habersham County, or any political subdivision located therein, may be published in any daily or weekly newspaper of general circulation published within Habersham County; and for other purposes.

HR 421. By Messrs. Mackay and Harris of DeKalb:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may grant to the governing authority of DeKalb County the right to provide for the construction and main tenance of streets, sidewalks and curbing within any subdivision of the county located inside the corporate limits of any municipality lying wholly within said county except the City of Decatur; and for other purposes.

HR 437. By Messrs. Flournoy, Wilson and Teague of Cobb:
A resolution proposing an amendment to the Constitution so as to em power the General Assembly to authorize the Governing Authority of Cobb County to establish districts for the purpose of building, erecting, establishing, maintaining and operating a system of garbage collection; and for other purposes.
HR 438. By Messrs. Flournoy, Wilson and Teague of Cobb:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law for a zoning and plan ning commission for the unincorporated and incorporated areas of Cobb County; and for other purposes.

HR 440. By Messrs. Chandler and Harrington of Baldwin:
A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Baldwin County to acquire and operate off-street parking areas, buildings and facilities and to make charges for the use thereof; and for other purposes.

HR 441. By Messrs. Chandler and Harrington of Baldwin:
A resolution proposing an amendment to the Constitution so as to au thorize the mayor and aldermen of the City of Milledgeville to acquire and operate off-street parking areas, buildings and facilities and to make charges for the use thereof; and for other purposes.

HR 442. By Messrs. Keyton and Russell of Thomas:
A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Thomas County to issue general obligation bonds for the purpose of establishing educational facilities

THURSDAY, FEBRUARY 13, 1964

617

beyond the 12th grade and to levy taxes for the payment of such bonds; and for other purposes.

HR 443. By Mr. Murphy of Haralson:
A resolution proposing an amendment to the Constitution so as to create the Waco Development Authority; and for other purposes.

HR 438. By Messrs. Flournoy, Wilson and Teague of Cobb:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law for a Zoning and Planning Commission for the unincorporated and incorporated areas of Cobb County; and for other purposes.
HR 440. By Messrs. Chandler and Harrington of Baldwin:
A resolution proposing an amendment to the Constitution so as to auth orize the governing authority of Baldwin County to acquire and operate off-street parking areas, buildings and facilities and to make charges for the use thereof; and for other purposes.

HR 441. By Messrs. Chandler and Harrington of Baldwin:
A resolution proposing an amendment to the Constitution so as to au thorize the mayor and aldermen of the City of Milledgeville to acquire and operate off-street parking areas, buildings and facilities and to make charges for the use thereof; and for other purposes.
HR 442. By Messrs. Keyton and Russell of Thomas:
A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Thomas County to issue general ob ligation bonds for the purpose of establishing educational facilities be yond the 12th grade and to levy taxes for the payment of such bonds; and for other purposes.

HB 949. By Mr. Conner of Jeff Davis:
A bill to amend an act known as the "Georgia Industrial Loan Act" approved March 4, 1955, as amended; and for other purposes.

HB 1090. By Mr. Wilkes of Cook:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Cook County; so as to change the manner of electing members of the Board; and for other purposes.

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HE 457. By Messrs. Wilkes of Cook and Hill of Meriwether:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law for the payment of in terest on student loans for higher education; and for other purposes.

HR 445. By Mr. Smith of Camden:
A resolution to designate "The Camden County Training School" as "The Matilda Harris Elementary School"; and for other purposes.
HR 446. By Messrs. Chandler and Harrington of Baldwin:
A resolution proposing an amendment to the Constitution so as to author ize the mayor and aldermen of the City of Milledgeville to issue revenue bonds for the purpose of acquiring, maintaining and operating off-street parking areas, buildings and facilities of every kind and character in the City of Milledgeville; and for other purposes.

HR 449. By Mr. Jones of Lumpkin:
A resolution proposing an amendment to the Constitution so as to pro vide for two additional members of the Board of Education of Lumpkin County; and for other purposes.

HR 450. By Mr. Parker of Screven:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Screven County; and for other purposes.

HR 452. By Mr. Smith of Habersham:
A resolution proposing an amendment to the Constitution so as to create the Habersham County Industrial Development Authority; and for other purposes.

Mr. Carter of the 14th District, Secretary of the Committee on Educational Matters, submitted the following report:

Mr. President:

Your Committee on Educational Matters had had under consideration the fol lowing bills of the Senate and House and has instructed me as Secretary, to report

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619

the same back to the Senate with the following recommendations: HB 131. Do Pass. SB 273. Do Pass. SB 307. 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 had had under consid eration the following bills of the Senate and House and had instructed me as Chairman, to report the same back to the Senate with the following recommenda tions:
SB 268. Do Pass. HB 960. Do pass as amended.
Respectfully submitted, Pennington of 45th District,
Chairman.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, submit ted the following report:
Mr. President:

Your Committee on Rules had 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 197. Do pass as amended.
HB 872. Do Pass.
HR 320. Do Pass.
HR 339. Do Pass.

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HR 378. Do Pass. HR 431. 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 had 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 838. Do Pass.
HB 887. Do Pass.
Respectfully submitted,
Smalley of 28th District,
Chairman.

The following resolution was read and adopted:

SR 205. By Senators Pelham of the 10th and Fincher of the 51st:
A resolution commending Terry Adamson of Calhoun High School for being selected as the most outstanding individual participant of The Barkley Forum for High Schools of the Southeastern United States at Emory University; and for other purposes.

SR 206. By Senator Pelham of the 10th: A resolution commending Mr. Thomas B. Taylor for being selected "Man of the Year" of Grady County; and for other purposes.
SR 207. By Senator Kidd of the 25th: A resolution relative to "Callaway Gardens"; and for other purposes.

SR 209. By Senators Brown of the 34th, Coggin of the 35th, Salome of the 36th, Wesberry of the 37th, Brewer of the 39th and Maclntyre of the 40th:

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621

A resolution commending the championship of the Atlanta-Buckhead Red Devils Football Team; and for other purposes.

SR 195. By Senator Miller of the 50th:
A resolution commending the members of the State Board of Probation; and for other purposes.

SR 208. By Senators Pelham of the 10th and Kendrick of the 32nd: A resolution commending Mr. Ernest Rogers; and for other purposes.

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

HB 791. By Messrs. Duncan and Wiggins of Carroll and Abney of Walker:
A bill to amend an act known as the "Motor Vehicle Certificate of Title Act", so as to provide that the commissioner shall not register or renew the registration of a vehicle for which title application is required under this Act until the required certificate of title has been issued; and for other purposes.

The Committee on Rules offered the following amendment:
Committee moves to amend HB 791 by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows:
"Said Act is further amended by striking the second and third sentences of Subsection (c) of Section 22, and substituting in lieu thereof the following:
'If more than one holder is named on the certificate, the first holder shall comply with the provisions of Section 12 (b) in re gards to notifying other holders of the content of the certificate.'
so that when so amended Subsection (c) of Section 22 shall read as follows:
"(c) Upon receipt of the certificate of title, application and the required fee, the Commissioner shall either endorse on the certificate or issue a new certificate containing the name and ad dress of the holder of the security interest or mechanics' lien, as well as previous unreleased holders of security interests and liens, if any, and mail the certificate to the first holder on it. If more than one holder is named on the certificate, the first holder shall comply with the provisions of Section 12 (b) in regards to notifying other holders of the content of the certificate."

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and by adding a new Section to be known as Section 5, which Section shall read as follows:

"All laws and parts of laws in conflict with this Act are here by repealed."

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 37, nays 0.

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

SB 294. By Senators Carlton of the 21st, Knox of the 24th, McWhorter of the 43rd, Brewer of the 39th and Broun of the 46th:
A bill to enact a new code 67-108.1 to provide the exclusive procedure for recording mortgages, deeds to secure debt, indentures, etc., relating to property of railroad, electric, gas and other public utility corpora tions; and for other purposes.

The Committee on Public Utilities and Transportation offered the following substitute:
A BILL
To be entitled an act to enact a new Code Section 67-108.1 to pro vide the exclusive procedure for recording mortgages, deeds to secure debt, indentures, deeds of trust and other security agreements relating to property of railroad, electric, gas and other public utility corpora tions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 67-1 of the Code of Georgia of 1933, as amend ed, relating to mortgages, is hereby amended by inserting between Code Sections 67-108 and 67-109 a new Code Section to be known as Code Section 67-108.1 and to read as follows:
"67-108.1. Registry of mortgages on property of railroads and public utilities.--A mortgage, deed to secure debt, indenture, deed of trust, or other security agreement or any supplement or amend ment thereto relating to both real and personal property made by

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623

a railroad corporation, electric or gas corporation or other public utility corporation or by any receivers, trustees or other legal offi cers in possession of or operating any such corporation, shall be recorded on the real property records in the office of the clerk of the superior court in each county in this state in which any of said property is situated. The clerk of the superior court in each county shall also be required to cross-index any personalty involved on such instruments in the indices maintained by said clerk in which are recorded all liens, mortgages, or other encumbrances on per sonal property. Any such security agreement or any supplement or amendment thereto shall be valid only from the time it is filed for record, against subsequent creditors, grantees, purchasers and mortgagees acting in good faith and without notice. Such instru ments need not otherwise be filed or refiled except as may be pro vided by the Motor Vehicle Certificate of Title Act of this State (Ga. Laws 1961, p. 69, et. seq.), as amended."

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 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 33, nays 0.

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

Senator Carlton of the 21st asked unanimous consent that SB 294 be immediately transmitted to the House.

The consent was granted.

SB 309. By Senators Broun of the 46th, Owens of the 49th, Lee of the 47th, Knox of the 24th, and Smith of the 18th:
A bill relative to filing of annual financial reports by Cooperative Marketing Associations with the Secretary of State; to enact a new Code Section 65-221 requiring financial reports to be filed annually with the Commissioner of Agriculture; to repeal conflicting laws; and for other purposes.
Senator Broun of the 46th moved that SB 309 be recommitted to the Com mittee on Agriculture and Natural Resources.

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JOURNAL OF THE SENATE,

On the motion, the ayes were 25, nays 3.

The motion prevailed, and SB 309 was recommitted to the Committee on Agriculture and Natural Resources.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 185. By Senators Brewer of the 39th, Brown of the 34th, Maclntyre of the 40th and others: A bill to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874, so as to permit the Board of Education of the City of Atlanta to employ counsel, to prescribe certain of his duties; and for other purposes.
The House amendment was as follows:
Messrs. McClelland of Fulton, Brooks of Fulton and Etheridge of Fulton move to amend SB 185 by striking from the title thereof the word "permit", and by inserting in lieu thereof the word "require";
By striking the word "may" from between the word "Atlanta" and the word "employ" as it appears in the last sentence of the first para graph of Section 2, and by inserting in lieu thereof the word "shall";
By striking from Section 7, which Section 7 is quoted in Section 2, the letters "amd" and inserting in lieu thereof the word "and".

Senator Maclntyre of the 40th moved that the Senate agree to the House amendment to SB 185.

On the motion, the ayes were 28, nays 0, and the amendment was agreed to.

SB 319. By Senator Webb of the llth:
A bill providing for the creation of office of Judge of the Superior Courts Emeritus, so as to extend the time in which a judge, in order to be eligible to receive the benefits provided by said act, may begin making the contributions required by said act; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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625

.1

On the passage of the bill, the ayes were 26, nays 4.

A
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 that the Senate reconsider its action on SB 319.

HB 432. By Messrs. Spikes and Ware of Troup: A bill to amend an act entitled "An act making provision for the licensure of applied psychologists through a State Board of Examiners", so as to change the method of appealing decisions of the Board to revoke licenses; and for other purposes.
Senator Smalley of the 28th offered the following amendment:
By striking the word "perpetually" in Sec. 4 and by substituting therefor the word "permanently".

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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

SB 281. By Senator Moore of the 31st:
A bill creating the office of solicitor-general emeritus and the SolicitorsGeneral Retirement Fund of Georgia, so as to change the date and time by which a solicitor-general may pay for and receive credit for service in the armed forces of the U.S.; and for other purposes.

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

On the passage of the bill, the ayes were 26, nays 2.

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JOURNAL OF THE SENATE,

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Moore of the 31st gave notice that at the proper time he would move that the Senate reconsider its action on SB 281.

SB 282. By Senator Gillis of the 20th:
A bill to amend an act establishing a State Employees' Retirement System, approved Feb. 3, 1949, (Ga. L. 1949, p. 138), as amended, so as to change the provisions relating to former employees; to repeal conflicting laws; and for other purposes.
Senator Gillis of the 20th offered the following amendment:
Amend SB 282 by striking the last sentence in Section 1 and insert ing in lieu thereof the following:
"Provided, however, such individual shall not be eligible to re ceive benefits until he shall have served at least 5 years subsequent to July 1, 1961, as a member."

On the adoption of the amendment, the ayes were 29, nays 0, and the amendment was adopted.

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

On the passage of the bill, the ayes were 31, nays 0.

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

SB 273. By Senators Smith of the 18th, Carter of the 14th, Knox of the 24th and Gillis of the 20th:
A bill to authorize the county board of education to provide transporta tion facilities to students of state junior colleges and public trade or vocational schools; 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.

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627

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

HB 322. By Mr. Simpson of Wheeler:
A bill to amend an act creating the State Board of Registration for Foresters and definding its powers and duties; and for other purposes.

Senator Miller of the 50th offered the following amendment:

Amend HB 322 by inserting in the title between the word "framing" and the word "to" the following: "to provide that certain persons shall be eligible for licenses as registered foresters under certain conditions;";
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively; and
By inserting a new Section 2 to read as follows:
"Section 2. Said act is further amended by adding a new Section to be known as Section 15B to read as follows:
'Section 1BB. Any forester making an application for a li cense as a registered forester within thirty days following the date of approval of this Act shall be eligible for a registration as a registered forester without reference to the requirements set forth in Section 12 (a) of the act creating the State Board of Registra tion for Foresters, approved February 21, 1951 (Ga. Laws 1951, p. 581), as amended, provided such forester shall have completed service as a forester in a public forest unit for a period of not less than twelve years.'"

On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment was adopted.

Senator Smalley of the 28th offered the following amendment:
By striking from Section 2 the following: "is or has been violating any of the provisions of this Charter or any of the laws of the State of Georgia relating to the practice of professional forestry" and by substituting therefor "is or has been holding himself, itself, or them selves out to the public as a Registered Forester when not so regis tered."

On the adoption of the amendment, the ayes were 30, nays 0, and the amend ment was adopted.

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JOURNAL OP THE SENATE,

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

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 204. SB 252. SB 257. SB 258. SB 262. SB 276. SB 278. SB 288. SB 289. SB 293. SB 294. SB 295. SB 300. SB 302. SB 303. SB 306. SR 163. SR 180. SR 187. SR 188.

SR 190. SR 192.

THURSDAY, FEBRUARY 13, 1964

629

Respectfully submitted, Pelham of 10th District, Chairman.

HB 660. By Messrs. Bell, Fleming and Hull of Richmond:
A bill to amend an act relating to additional duties of the clerks of the superior courts, so as to provide that said clerk may provide a suitable cross-reference card-index system for the records; and for other pur poses.
The Committee on Judiciary offered the following substitute:
A BILL
To be entitled an act to amend Code Section 24-2715, relating to additional duties of the Clerks of the Superior Courts, as amended, so as to provide that said clerk may provide a suitable cross-reference card-index system for indexing the records in this paragraph enumer ated in lieu of a duplicate index-book herein provided; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 24-2715, relating to additional duties of the Clerks of the Superior Courts, as amended, is hereby amended by adding at the end of subsection 8 of said Code Section the following:
"Said clerk may provide a suitable cross-reference card-index system for indexing the records in this paragraph enumerated in lieu of a duplicate index-book herein provided. Said card index must be kept in locked glass door cabinets, or in cabinets with sliding trays with locked covers, in such a manner that the cards cannot be removed or replaced except by the Clerk of the Court or any of his authorized employees. When the indexing cycle is com plete, which shall be at least annually, the card index shall be photocopied and bound in a permanent record.",
so that when so amended said subsection 8 of Code Section 24-2715 shall read as follows:
"8. The clerk of the superior court shall provide, at the ex pense of each county, a duplex index book, wherein shall be indexed the names of grantor and grantee of every instrument recorded in

630

JOURNAL OF THE SENATE,

his office, the character of the instrument, date of the instrument, book where recorded, and the date of the record. The name of the grantor as listed on such index shall be the name of the owner of the title which such instrument purports to convey or affect, whether the instrument was executed by such owner or by some other person, firm or corporation on behalf of such owner, and whether or not such owner is deceased, and an appropriate notation shall be made as to the capacity of the person, firm or corporation executing such instrument on behalf of such owner. Said clerk may provide a suitable cross-reference card-index system for indexing the records in this paragraph enumerated in lieu of a duplicate index-book herein provided. Said card index must be kept in locked glass door cabinets, or in cabinets with sliding trays with locked covers, in such a manner that the cards cannot be removed or replaced except by the Clerk of the Court or any of his authorized employees. When the indexing cycle is complete, which shall be at least annually, the card index shall be photocopied and bound in a permanent record."

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 substi tute was adpoted.

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.

Senator Carlton of the 21st 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, FEBRUARY 14, 1964

631

Senate Chamber, Atlanta, Georgia, Friday, February 14, 1964.

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 the Reverend Bert Tapley, pastor, First Baptist Church, Bowdon, Georgia.

Prayer was offered by the Reverend Albert Cardwell, pastor, First Baptist Church, Macon, Georgia.

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

Senator Carlton of the 21st reported that the journal of yesterday's pro ceedings had been examined and found correct.

Senator Webb of the llth moved that the Senate reconsider its action of yesterday on the following bill of the Senate:

SB 319. By Senator Webb of the llth:
A bill providing for the creation of office of judge of the superior courts emeritus, so as to extend the time in which a judge, in order to be eligible to receive the benefits provided by said act, may begin making the contributions required by said act; to repeal conflicting laws; and for other purposes.

On the motion to reconsider, the ayes were 28, nays 0. The motion prevailed, and SB 319 was replaced on the calendar.

Senator Moore of the 31st moved that the Senate reconsider its action of yesterday on the following bill of the Senate:

SB 281. By Senator Moore of the 31st:
A bill creating the office of solicitor-general emeritus and the solicitorsgeneral retirement fund of Georgia, so as to change the date and time by which a solicitor-general may pay for and receive credit for service in the armed forces of the U.S.; and for other purposes.

On the motion to reconsider, the ayes were 29, nays 0.

The motion prevailed, and SB 281 was replaced on the calendar.

632

JOURNAL OF THE SENATE,

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

Senator Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

The consent was granted.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bill of the Senate to-wit:

SB 172. By Senator Phillips of the 27th:
A bill to amend Code Section 47-102, relating to Senatorial Districts, so as to change the division line in Bibb County between the 26th and 27th Senatorial Districts; and for other purposes.

The House has passed by substitute the following bills of the Senate:

SB 209. By Senators Johnson of the 38th, Salome of the 36th, and others:
A bill to amend an act providing a system of pensions and other bene fits for members of fire departments in cities having a certain popula tion; and for other purposes.

SB 191. By Senators Webb of the llth, Carlton of the 21st, and others:
A bill to require the State Revenue Commission to establish an equalized adjusted school property tax digest for each county in the State and for the State as a whole; and for other purposes.

FRIDAY, FEBRUARY 14, 1964

633

The House has agreed to the Senate amendments to the following bills of the House:

HB 523. By Messrs. Williams of Hall, Story of Gwinnett, and others:
A bill to amend an act creating the Lake Lanier Islands Development Authority; and for other purposes.

HR 380. By Messrs. Snow and Abney of Walker:
A resolution proposing an amendment to the Constitution so as to authorize the Walker County Development Authority to issue bonds and to authorize the General Assembly to grant such powers, duties and authority as it shall deem fit to the Authority; and for other purposes.

HR 381. By Mr. Vaughn of Rockdale:
A resolution proposing an amendment to the Constitution so as to inincrease the debt limitation of Rockdale County; and for other purposes.

HR 362. By Mr. McClelland of Fulton:
A resolution authorizing the delivery of a certain plaque to the com mercial Union Group of Insurance Companies; and for other purposes.

The House has passed by the requisite constitutional majority the following bills and resolutions of the House to-wit:

HB 885. By Mr. McCraeken of Jefferson:
A bill to provide for additional avenues for persons desiring to take the State Bar Examination of Georgia; and for other purposes.

HB 936. By Messrs. Conner of Jeff Davis and Johnson of Elbert:
A bill to amend an act defining "Reciprocal" insurance, so as to provide that reciprocal agreements or contracts of indemnity executed prior to March 8, 1960 creating funds for the purpose of satisfying the obligations of self-insured employers under the Workmen's Compensa tion Act; and for other purposes.

HB 1064. By Mr. Isenberg of Glynn:
A bill to amend an act known as the "Motor Fuel Tax Law", so as to authorize a refund of all State taxes, except \<f per gallon on all gas for watercraft which contains fuel storage capacities in excess of 50 gallons; and for other purposes.

634

JOURNAL OF THE SENATE,

HB 1012. By Messrs. Smith of Grady, Bolton of SpaWing, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend Title 92, of the Code so as to extend the time for report ing and paying the amount of tax withheld from employees' wages; and for other purposes.

HB 1085. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act creating the positions of Chief Justice Emeritus, so as to provide that any persons becoming a Justice of the Supreme Court after April 1, 1964, shall be a member of the Employees' Retire ment System and shall not be eligible to be appointed as Justice Emeri tus; and for other purposes.

HB 1123. By Messrs. House of Bibb, Fulford of Terrell and Overby of Hall:
A bill to amend the "Georgia Military Forces Reorganization Act of 1955" so as to clarify certain allowances for members of the militia ordered into active service in the State; and for other purposes.

HB 1005. By Mr. Fowler of Douglas:
A bill authorizing area, county and independent boards of education to adopt policies relating to the use of corporal punishment; and for other purposes.

HB 1083. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, and Andrews of Stephens:
A bill to amend an act creating Emeritus offices for certain State offi cials, so as to provide that any person becoming such a State official after April 1, 1964 shall be a member of the Employees' Retirement System and shall not be eligible to be appointed to any Emeritus posi tion under said Act; and for other purposes.

HB 1084. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act creating the position of Judge Emeritus for Judges of the Court of Appeals, so as to provide that any person becom ing a Judge of the Court of Appeals after April 1, 1964, shall be a member of the Employees' Retirement System and shall not be eligible to be appointed as Judge Emeritus; and for other purposes.

HB 1003. By Mr. Jones of Muscogee:
A bill to amend an act providing for the method of serving non-resident motorists involved in any accident in the State, so as to provide that

FRIDAY, FEBRUARY 14, 1964

635

this statute shall apply to causes of action arising out of accidents occurring anywhere within the territorial limits of Georgia; and for other purposes.

HB 1013. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A bill to amend Title 92, of the Code so as to provide a new schedule of penalties for failure to file a timely return, and for filing a false or fraudulent return; and for other purposes.

HR 406. By Mr. Teague of Cobb:
A resolution proposing an amendment to the Constitution so as to provide for increased homestead exemption for certain persons sixtyfive of age or over; and for other purposes.

HB 1065. By Messrs. Harrington and Chandler of Baldwin;
A bill to amend Code Section 32-111 so as to change the sums, expenses and costs received by the members of the Board of Regents of the Uni versity System of Georgia while attending meetings and on tours of inspection; and for other purposes.

HB 1107. By Mr. Underwood of Montgomery:
A bill to amend an act providing for the rehabilitation of prisoners, so as to allow the cooperation of the divisions of Vocational Education and Vocational Rehabilitation of the State Board of Education, in the rehabilitation of State prisoners; and for other purposes.

HB 1046. By Messrs. Been of Bacon, Melton of Spalding, and Conner of Jeff Davis:
A bill to amend an act relating to the definition of the term "employer" and "employee" for purposes of Workmen's Compensation, so as to authorize boards of education in certain counties to provide Workmen's Compensation coverage for its employees; and for other purposes.

HB 155. By Messrs. Pope and Coker of Cherokee:
A bill to authorize the various departments and agencies of the State to deduct from the salaries and wages of State employees, amounts for the payment of deposits and payments of indebtedness to credit unions; and for other purposes.

HB 998. By Mr. Poss of Madison:
A bill to provide that it will be unlawful for the owner or person in possession of land in certain counties to have or maintain an abandoned open well or hole; and for other purposes.

636

JOURNAL OF THE SENATE,

HB 867. By Mr. Mackay of DeKalb:
A bill to amend an act relating to applications of guardians to sell, etc., the estates of their wards and the procedures connected therewith, so as to establish the procedure; and for other purposes.

HB 1063. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act known as the "University System Building Authority Act", so as to remove the prohibtion relative to the issuance of bonds based on the percentage of income available to the Board of Regents; and for other purposes.

HB 951. By Mr. Johnson of Elbert: A bill to amend an act providing compensation for the Judge of the Superior Court of the Northern Judicial Circuit; and for other pur poses.
HB 1078. By Mr. Bagby of Paulding:
A bill to confer upon Paulding County the right to condemn private property and all rights therein for the purpose of small watershed projects and for watershed protection and flood control; and for other purposes.

HB 1106. By Mr. Davis of Heard:
A bill to incorporate the City of Ephesus in the County of Heard, and to provide for the corporate limits; and for other purposes.

HB 1095. By Messrs. Matthews and Bedgood of Clarke:
A bill to amend an act relating to the charter of the Town of Athens and the salary of the Recorder; and for other purposes.

HB 704. By Messrs. Brooks and Etheridge of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, providing for the disposal of surplus water works property; and for other purposes.

HB 722. By Messrs. Etheridge, Brooks and McClelland of Fulton:
A bill to abolish the office of Coroner of Fulton County, to create the office of Medical Examiner of Fulton County; and for other purposes.

FRIDAY, FEBRUARY 14, 1964

637

HB 997. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A bill to provide that in counties of a certain population, the Judges of the Superior Court shall be authorized and empowered to appoint a jury clerk to serve at the pleasure of said Judges; and for other purposes.

HB 1031. By Mr. McClelland of Fulton:
A bill establishing a new charter for the City of East Point in the County of Fulton; and for other purposes.

HB 1032. By Mr. McClelland of Fulton:
A bill to amend an act establishing a new charter for, the City of East Point in the County of Fulton; and for other purposes.

HB 1033. By Mr. McClelland of Fulton:
A bill establishing the new charter for the City of East Point; and for other purposes.

HB 1051. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act to establish the criminal court of Atlanta, so as to increase and fix the annual salary of the first assistant solicitorgeneral and each of the four assistant solicitor-generals of the Criminal Court of Fulton County; and for other purposes.

HB 1073. By Messrs. Mitchell and Smith of Whitfield:
A bill to authorize any counties in this State having a certain popula tion to establish and maintain a law library for the use of the judges, solicitors, ordinary and other officers of the courts of said counties and members of the General Assembly; and for other purposes.

HB 1088. By Messrs. Morgan and Story of Gwinnett:
A bill to amend an act providing a procedure for the control of the fiscal affairs of certain counties of this State having a certain popula tion, so as to change the population figures therein; and for other purposes.

HB 1092. By Mr. Causby of Gordon:
A bill to abolish the present mode of compensating the Tax Commis sioner of Gordon County; and for other purposes.

638

JOURNAL OF THE SENATE,

HB 1093. By Messrs. Keyton and Russell of Thomas:
A bill to amend an act to create a new charter for the Town of Meigs; and for other purposes.

HB 1094. By Messrs. Overby and Williams of Hall:
A bill to amend an act providing for a county tax for roads in counties having a certain population; and for other purposes.

HB 1097. By Messrs. Alien and Branch of Tift:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Tift County, so as to provide for a bid system for purchases and contracts by the county; and for other purposes.

HB 1098. By Messrs. Alien and Branch of Tift:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Tift County; and for other purposes.

HB 1099. By Mr. Deen of Bacon:
A bill to authorize and empower the City of Alma to abandon any and all rights in and to close permanently for use as an alley a ten foot wide strip; and for other purposes.

HB 1101. By Mr. Jones of Liberty:
A bill to amend an act establishing the City Court of Hinesville, so as to change the qualifications for the Solicitor of said Court; and for other purposes.

HB 1103. By Mr. Newton of Jenkins:
A bill to amend an act establishing a Board of Commissioners of Roads and Revenues for the County of Jenkins, so as to change the terms of office of the Commissioner; and for other purposes.

HB 1105. By Messrs. Abney and Snow of Walker:
A bill to amend an act codifying and consolidating the acts incorporat ing the City of LaPayette, so as to provide for a Tax Assessor; and for other purposes.

HB 1110. By Messrs. Lowrey and Jordan of Floyd:
A bill to amend an act placing certain officers of Floyd County on a salary basis, so as to authorize the Sheriff of Floyd County to employ one additional deputy sheriff; and for other purposes.

FRIDAY, FEBRUARY 14, 1964

639

HB 1112. By Messrs. Smith and Mitchell of Whitfield:
A bill to amend an act consolidating the offices of Tax receiver and Tax Collector of Whitfield County into the Office of Tax Commissioners, so as to provide for the disposition of the commissions; and for other purposes.

HB 1113. By Messrs. Lowrey and Jordan of Floyd:
A bill to require hospital authorities in counties having a certain popu lation to conduct a continuing and annual audit of the books and records of such hospital authorities; and for other purposes.

HB 1115. By Messrs. Flournoy, Wilson and Teague of Cobb:
A bill to authorize counties having a certain population to require that any political party holding a primary for the nomination of a candidate for a state or county office shall require that the nominee receive a majority of the votes of those persons voting thereon; and for other purposes.

HB 1117. By Messrs. Flournoy, Wilson and Teague of Cobb:
A bill to amend an act creating a zoning and planning system for unin corporated areas of Cobb County, so as to change the method of adver tisement of plans and resolutions for zoning and planning in the affected areas of Cobb County; and for other purposes.

HB 1118. By Messrs. Flournoy, Wilson and Teague of Cobb:
A bill to require that any political party holding a primary for the nomination of a candidate for a State or county office in Cobb County shall require that the nominee receive a majority of the votes of those persons voting thereon; and for other purposes.

HB 1121. By Messrs. Jordan and Lowrey of Floyd:
A bill to amend the act entitled "City Court of Floyd County", to in crease the salary of the Judge of the City Court of Floyd County; and for other purposes.

HB 1124. By Messrs. Brooks of Oglethorpe, Poss of Madison, Milford of Frank lin, Brown of Hart and Johnson of Elbert:
A bill to authorize the Superior Court Judge or Judges in any county in Georgia having a population of a certain amount, to establish and maintain a law library for the use of the court officials of such county; and for other purposes.

640

JOURNAL OF THE SENATE,

HB 1125. By Mr. Brooks of Oglethorpe:
A bill to amend an act establishing the City Court of Lexington in and for the County of Oglethorpe, so as to authorize the clerk of the court to request any judge of any superior or city court to act as Judge of the City Court of Lexington; and for other purposes.

HB 1126. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act providing for making tax returns so as to provide that counties of a certain population, the time for closing books for the return of taxes shall be on the 31st day of January of each year; and for other purposes.

HB 1127. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act describing the duty of the Board of Tax Asses sors in counties having a certain population; and for other purposes.

HB 1128. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act providing for the payment of taxes to the county in which returns are made so as to provide that in counties of a certain population taxes shall become due in two equal installments; and for other purposes.

HB 1129. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act providing for the application of homestead exemption so as to provide that in counties of a certain population, the time for making application for homestead exemptions shall be on or before January 31 of the year in which exemption from taxation is sought; and for other purposes.

HB 1130. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act relating to revisions and completion of tax assessments so as to provide that in certain counties having a certain population, the County Board of Tax Assessors shall complete the revision and assessment of returns of taxpayers by March 15; and for other purposes.

HB 1131. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act abolishing the office of County Treasurer of the County of DeKalb, so as to provide that the depository shall main tain an office and place of doing business in DeKalb County; and for other purposes.

FRIDAY, FEBRUARY 14, 1964

641

HB 1132. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act establishing the charter for the City of Pine Lake, so as to authorize the governing authority to provide a pension for certain police; and for other purposes.

HB 1133. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act establishing the Juvenile Courts in counties hav ing a certain population, so as to provide that a Juvenile Court Judge in such counties shall devote his full time to the duties of said Court; and for other purposes.

HB 1134. By Messrs. Moore and Dean of Polk:
A bill to amend an Act establishing the City Court of Polk County, so as to change the salary of the Solicitor of the City Court, and to change the salary of the Solicitor of the City Court, and to change the salary of the Judge of the City Court; and for other purposes.

HB 1135. By Messrs. Moore and Dean of Polk:
A bill to amend an act placing the coroner of Polk County on a salary basis, so as to change the salary of the Coroner; and for other pur poses.

HB 1136. By Messrs. Overby and Williams of Hall:
A bill to amend the charter of the City of Gainesville by providing that all municipal elections and referendums shall be held and conducted between the hours of 7:00 a.m. and 7:00 p.m.; and for other purposes.
HB 1139. By Messrs. House, Groover and Laite of Bibb:
A bill to amend an act relating to election precincts, to provide that in counties having a certain population, the Ordinaries may establish as many election precincts as may be necessary and convenient for the holding of elections; and for other purposes.

HB 1144. By Mr. Black of Webster:
A bill to increase the compensation of the tax commissioner of counties of certain population; and for other purposes.

HB 1145. By Mr. Steis of Harris:
A bill to amend an act incorporating the Town of Chipley, so as to extend the corporate limits of the Town of Pine Mountain; and for other purposes.

642

JOURNAL OF THE SENATE,

SB 230. By Senator Knox of the 24th:
A bill to create a Board of Commissioners of Eoads and Revenues of McDuffie County, Georgia; to provide for the composition of the board; to repeal conflicting laws; and for other purposes.

SB 270. By Senator Webb of the llth:
A bill to change the terms of the Superior Court of Seminole County; to provide when the Grand Jury shall be called; to provide that no July 1964 term shall be held; to repeal conflicting laws; and for other pur poses.

SB 231. By Senator Knox of the 24th:
A bill to amend an act changing the compensation of the Sheriff and other officers of McDuffie County from the fee system to the salary system; and for other purposes.

SB 229. By Senator Knox of the 24th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of McDuffie County into the office of Tax Commissioner of McDuffie County; to repeal conflicting laws; and for other purposes.

SB 189. By Senators Brown of the 34th, Brewer of the 39th, Wesberry of the 37th and others:
A bill to amend an act establishing a new charter for the City of Col lege Park, and the several Acts amendatory thereof; and for other purposes.

HB 1030. By Branch of Tift:
A bill to create within the Executive Branch of the State Government a commission to be known as the State Properties Commission; and for other purposes.

HB 984. By Messrs. Newton and Milhollin of Coffee:
A bill to define the terms "agricultural products", "agricultural com modities", and others, as used in the laws of this State except as other wise specifically defined by law; and for other purposes.

HB 1062. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, and others:
A bill to place certain Sheriffs on an annual salary; and for other purposes.

FRIDAY, FEBRUARY 14, 1964

643

HB 995. By Messrs. Brantley of Candler and Nessmith of Bulloch:
A bill to prohibit the use of force, intimidation, violence, or threats thereof to restrict or otherwise interfere with the right of any person to peacefully conduct his business; to make unlawful certain acts of picketing; and for other purposes.

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

SB 346. By Senator Pennington of the 45th:
A bill to amend an Act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to change the criteria for allowing exemptions on the sales of certain agricultural machinery; to repeal conflicting laws; and for other purposes.
Referred to Committee on Appropriations.

SB 347. By Senator Rowan of the 8th:
A bill to provide that any insurer must, upon request and the receipt from the insured of a release from any libelous liability, furnish to said insured a full and complete statement as to why said insurer has cancelled the insured's policy; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SB 348. By Senators Maclntyre of the 40th, Coggin of the 35th, Brown of the 34th, Salome of the 36th, and Wesberry of the 37th:
A bill creating a new charter for the City of East Point in the County of Fulton, so as to provide for a secretary for the mayor; to prescribe the procedure connected with her employment; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 349. By Senator Rowan of the 8th:
A bill creating a Teachers' Retirement Fund, so as to define what salary deductions for contributions into the Fund shall be made; to repeal conflicting laws; and for other purposes.
Referred to Committee on Educational Matters.

SB 350. By Senators Salome of the 36th, Coggin of the 35th, and Wesberry of the 37th:
A bill providing for the retirement of Judges of the Civil Court of Fulton County so as to allow additional time for payments into said

644

JOURNAL OF THE SENATE,

retirement fund by such persons who qualify for participation; to re peal conflicting laws; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 351. By Senators Wesberry of the 37th, Salome of the 36th, Coggin of the 35th, Maclntyre of the 40th, Brown of the 34th, and Johnson of the 38th:
A bill to provide for the use of voting recorders and tabulating ma chines for recording and computing votes at all elections in certain counties; and for other purposes.
Referred to Committee on County and Municipal Governments.
SB 352. By Senator Harrison of the 48th:
A bill incorporating the City of Commerce in the County of Jackson so as to add two new members to the Board of Education of said City for a specified length of time; to provide a "Education Study Commis sion" for said City; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 353. By Senator Gillis of the 20th:
A bill creating the Claims Advisory Board so as to prohibit any mem ber of the Claims Advisory Board, any member of the General Assem bly, or any other State Official from collecting a fee, receiving a gift, or receiving renumeration of any kind as a result of payment of a claim by the State; and for other purposes.
Referred to Committee on Rules.

HB 155. By Messrs. Pope and Coker of Cherokee:
A bill to authorize the various departments and agencies of the State to deduct from the salaries and wages of State employees, amounts for the payment of deposits and payments of indebtedness to credit unions; and for other purposes.
Referred to Committee on Rules.

HB 704. By Messrs. Brooks and Etheridge of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, providing for the disposal of surplus water works property; and for other purposes.
Referred to Committee on County and Municipal Governments.

FRIDAY, FEBRUARY 14, 1964

645

HB 722. By Messrs. Etheridge, Brooks and McClelland of Fulton:
A bill to abolish the office of coroner of Fulton County; to create the office of Medical Examiner of Fulton County; and for other pur poses.
Referred to Committee on County and Municipal Governments.

HB 867. By Mr. Mackay of DeKalb:
A bill to amend an act relating to applications by guardians to sell, lease, exchange land, encumber the estates of their wards and the procedures connected therewith, so as to establish the procedure to be followed in such applications and provide for service thereof; and for other purposes.
Referred to Committee on Judiciary.

HB 885. By Mr. McCracken of Jefferson:
A bill to provide for additional avenues for persons desiring to take the State Bar Examination of Georgia; and for other purposes.
Referred to Committee on Judiciary.

HB 936. By Messrs. Conner of Jeff Davis and Johnson of Elbert:
A bill to amend an act defining "reciprocal" insurance, so as to provide that reciprocal agreements or contracts of indemnity executed prior to March 8, 1960 creating funds for the purpose of satisfying the obligations of self-insured employees under the Workmen's Compensa tion Act of Georgia; and for other purposes.
Referred to Committee on Industry and Labor.

HB 951. By Mr. Johnson of Elbert:
A bill to amend an act providing compensation for the judge of the Superior Court of the Northern Judicial Circuit, so as to provide that Elbert County shall pay a supplemental salary to the judge of the Superior Court of the Northern Judicial Circuit; and for other purposes.
Referred to Committee on Judiciary.

HB 997. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A bill to provide that in counties having a population of 500,000 or more, the judges of the superior court shall be authorized and em powered to appoint a jury clerk to serve at the pleasure of said judges; and for other purposes.
Referred to Committee on County and Municipal Governments.

646

JOURNAL OP THE SENATE,

HB 998. By Mr. Poss of Madison:
A bill to provide that it will be unlawful for the owner or person in possession of land in certain counties to have or maintain an aban doned open well or hole; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1003. By Mr. Jones of Muscogee:
A bill to amend an act providing for the method of serving nonresident motorists involved in any accident in the State, so as to provide that this statute shall apply to cause of action arising out of accidents occurring anywhere within the territorial limits of Georgia; and for other purposes.
Referred to Committee on Highways.

HB 1005. By Mr. Fowler of Douglas:
A bill authorizing area, county and independent boards of education to adopt policies relating to the use of corporal punishment; and for other purposes.
Referred to Committee on Educational Matters.

HB 1012. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend title 92, div. I, Part IX, Chap. 92-33B, Subsection (a) of Section 92-3305b of the 1933 Code of Ga. so as to extend the time for reporting and paying the amount of tax withheld from employees' wages; and for other purposes.
Referred to Committee on Rules.

HB 1013. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb and others:
A bill to amend Title 92, Div. I, Part IX, Chapter 92 32 of the 1933 Code of Ga. so as to provide a new schedule of penalties for failure to file a timely return, and for filing of a false or fraudulent return; ad for other purposes.
Referred to Committee on Rules.

HB 1031. By Mr. McClelland of Fulton:
A bill establishing a new charter for the City of East Point in the County of Fulton; and for other purposes.
Referred to Committee on County and Municipal Governments.

FRIDAY, FEBRUARY 14, 1964

647

HB 1032. By Mr. McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of East Point in the County of Fulton; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1033. By Mr. McClelland of Fulton: A bill establishing a new charter for the City of East Point in the County of Fulton; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1051. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act to establish the criminal court of Atlanta, so as to increase and fix the annual salary of the first assistant solicitorgeneral and each of the four assistant solicitors-general of the Criminal Court of Fluton County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1046. By Messrs. Deen of Bacon, Melton of Spalding and Conner of Jeff Davis:
A bill to amend an act relating to the definition of the term "employer" and "employee" for purposes of Workmen's Compensation, so as to authorize boards of education in counties having a population of 300,000 or less to provide Workmen's Compensation coverage for its employees; and for other purposes. Referred to Committee on Industry and Labor.
HB 1063. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, and Andrews of Stephens:
A bill to amend an act known as the "University System Building Authority Act", so as to remove the prohibition relative to the issuance of bonds based on the percentage of income available to the Board of Regents; and for other purposes.
Referred to Committee on Educational Matters.

HB 1064. By Mr. Isenberg of Glynn:
A bill to amend an act known as the "Motor Fuel Tax Law", as amended, so as to authorize a refund of all State taxes, except \/f per gallon on all gas for watercraft which contains fuel storage capacities in excess of 50 gallons when such gas is purchased at any facility located upon any part of what is commonly known as the intercoastal water way; and for other purposes.
Referred to Committee on Rules.

648

JOURNAL OF THE SENATE,

HB 1065. By Messrs. Harrington and Chandler of Baldwin:
A bill to amend code section 32-111 so as to change the sums, expenses and costs received by the members of the Board of Regents of the University System of Georgia while attending meetings and on tours of inspection; and for other purposes.
Referred to Committee on Educational Matters.

HB 1073. By Messrs. Mitchell and Smith of Whitfield:
A bill to authorize any counties in this State having a population of not less than 42,000 and not more than 43,000 to establish and main tain a law library for the use of the judges, solicitors, ordinary and other officers of the courts of said counties and members of the Gen eral Assembly; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1078. By Mr. Bagby of Paulding:
A bill to confer upon Paulding County the right to condemn private property and all rights therein for the purpose of small watershed projects and for watershed protection and flood control; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1083. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act creating emeritus offices for certain State offi cials, so as to provide that any person becoming such a State official after April 1, 1964, shall be a member of the Employees' Retirement System and shall not be eligible to be appointed to any emeritus posi tion under said act; and for other purposes.
Referred to Committee on Rules.

HB 1084. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, and Andrews of Stephens:
A bill to amend an act creating the position of judge emeritus for judges of the Court of Appeals, so as to provide that any person becoming a judge of the Court of Appeals after April 1, 1964, shall be a member of the Employees' Retirement System and shall not be eligible to be appointed as judge emeritus; and for other purposes.
Referred to Committee on Rules.

HB 1085. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act creating the positions of chief justice emeritus,

FRIDAY, FEBRUARY 14, 1964

649

so as to provide that any person becoming a justice of the Supreme Court after April 1, 1964, shall be a member of the Employees' Retire ment System and shall not be eligible to be appointed as justice emeri tus; and for other purposes.
Referred to Committee on Judiciary.

HB 1088. By Messrs. Morgan and Story of Gwinnett:
A bill to amend an act providing a procedure for the control of the fiscal affairs of certain counties of this State having a certain popu lation, so as to change the population figures therein; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1092. By Mr. Causby of Gordon:
A bill to abolish the present mode of compensating the tax commissioner of Gordon County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1093. By Messrs. Keyton and Russell of Thomas:
A bill to amend an act to create a new charter for the Town of Meigs, relating to certain alleys; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1094. By Messrs. Overby and Williams of Hall:
A bill to amend an act providing for a county tax for roads in counties having a certain population; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 995. By Messrs. Brantley of Candler and Nessmith of Bulloch:
A bill to prohibit the use of force, intimidation, violence, or threats thereof to restrict or otherwise interfere with the right of any person to peacefully conduct his business; to make unlawful certain acts of picketing; and for other purposes.
Referred to Committee on Rules.

HB 1095. By Messrs. Matthews and Bedgood of Clarke:
A bill to amend an act relating to the charter of the Town of Athens and the salary of the recorder; and for other purposes.
Referred to Committee on County and Municipal Governments.

650

JOURNAL OF THE SENATE,

HB 1097. By Messrs. Alien and Branch of Tift:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Tift County, so as to provide for a bid system for purchases and contracts by the county; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1098. By Messrs. Alien and Branch of Tift:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Tift County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1099. By Mr. Deen of Bacon:
A bill to authorize and empower the City of Alma to abandon any and all rights in and to close permanently for use as an alley a ten foot wide strip measured from north to south; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1101. By Mr. Jones of Liberty:
A bill to amend an act establishing the City Court of Hinesville, so as to change the qualifications for the solicitor of said court; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1103. By Mr. Newton of Jenkins:
A bill to amend an act establishing a Board of Commissioners of Roads and Revenues for the County of Jenkins, so as to change the terms of office of the commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1105. By Messrs. Abney and Snow of Walker:
A bill to amend an act codifying and consolidating the acts incorporat ing the City of LaFayette, so as to provide for a tax assessor; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1106. By Mr. Davis of Heard:
A bill to incorporate the City of Ephesus in the County of Heard; to provide for the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.

FRIDAY, FEBRUARY 14, 1964

651

HB 1107. By Mr. Underwood of Montgomery.
A bill to amend an act providing for the rehabilitation of prisoners, so as to allow the cooperation of the divisions of Vocational Education and Vocational Rehabilitation of the State Board of Education in the rehabilitation of state prisoners; and for other purposes.
Referred to Committee on Penal and Correctional Affairs.

HB 1110. By Messrs. Lowrey and Jordan of Floyd:
A bill to amend an act placing certain officers of Floyd County on a salary basis, so as to authorize the Sheriff of Floyd County to employ one additional deputy sheriff; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1112. By Messrs. Smith and Mitchell of Whitfield:
A bill to amend an act consolidating the offices of tax receiver and tax collector of Whitfield County into the office of tax commissioners, so as to provide for the disposition of the commissions allowed by an act approved January 17, 1938; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1113. By Messrs. Lowrey and Jordan of Floyd:
A bill to require hospital authorities in counties having a certain popu lation to conduct a continuing and annual audit of the books and records of such hospital authorities; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1115. By Messrs. Flournoy, Wilson and Teague of Cobb:
A bill to authorize counties having a certain population to require that any political party holding a primary for the nomination of a candidate for a state or county office shall require that the nominee receive a majority of the votes of those persons voting thereon; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1117. By Messrs. Flournoy, Wilson and Teague of Cobb:
A bill to amend an act creating a zoning and planning system for unincorporated areas of Cobb County, so as to change the method of advertisement of plans and resolutions for zoning and planning in the affected areas of Cobb County; and for other purposes.
Referred to Committee on County and Municipal Governments.

652

JOURNAL OP THE SENATE,

HB 1118. By Messrs. Plournoy, Wilson and Teague of Cobb:
A bill to require that any political party holding a primary for the nomination of a candidate for a State or county office in Cobb County shall require that the nominee receive a majority of the votes of those persons voting thereon; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1121. By Messrs. Jordan and Lowrey of Floyd:
A bill to amend the act entitled "City Court of Ployd County"; to increase the salary of the judge of the City Court of Floyd County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1123. By Messrs. House of Bibb, Fulford of Terrell and Overby of Hall:
A bill to amend the "Georgia Military Forces Reorganization Act of 1955", so as to clarify certain allowances for members of the militia ordered into active service in the State; and for other purposes.
Referred to Committee on Rules.

HB 1124. By Messrs. Brooks of Oglethorpe, Poss of Madison, Milford of Frank lin, Brown of Hart and Johnson of Elbert:
A bill to authorize the Superior Court Judge or judges in any county in Georgia having a population of not less than 65,500 and not more than 65,600 to establish and maintain a law library for the use of the judges, solicitors and other court officials of any such county; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1125. By Mr. Brooks of Oglethorpe:
A bill to amend an act establishing the City Court of Lexington in and for the County of Oglethorpe, so as to authorize the clerk of the court to request any judge of any superior or city court to act as judge of the City Court of Lexington; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1126. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act providing for the time for making tax returns so as to provide that counties having a population of 250,000 and not more than 500,000, the time for closing books for the return of taxes shall be on the 31st day of January of each year; and for other purposes.
Referred to Committee on County and Municipal Governments.

FRIDAY, FEBRUARY 14, 1964

653

HB 1127. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act describing the duty of the Board of Tax Assessors in counties 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 1128. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act providing for the payment of taxes to the county in which returns are made so as to provide that in counties having a population of 250,000 and not more than 500,000, taxes shall become due in two equal installments; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1129. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act providing for the application of homestead ex emptions so as to provide that in counties having a population of 250,000 and not more than 500,000, the time for making application for home stead exemptions shall be on or before January 31st of the year in which exemption from taxation is sought; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1130. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act relating to revisions and completion of tax assess ments so as to provide that in counties having a population of 250,000 and not more than 500,000, the County Board of Tax Assessors shall complete the revision and assessment of returns of taxpayers by March 15; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1131. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act abolishing the office of county treasurer of the County of DeKalb; so as to provide that the depository shall maintain an office and place of doing business in DeKalb County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1132. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act establishing the charter for the City of Pine Lake, so as to authorize the governing authority to provide a pension for certain police officers; and for other purposes.
Referred to Committee on County and Municipal Governments.

654

JOURNAL OF THE SENATE,

HB 1133. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act establishing the Juvenile Courts in counties having a population of not less than 250,000 and not more than 350,000, so as to provide that a Juvenile Court Judge in such counties shall devote his full time to the duties of said court; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1134. By Messrs. Moore and Dean of Polk:
A bill to amend an act establishing the City Court of Polk County, so as to change the salary of the solicitor of the city court, and to change the salary of the judge of the city court; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1135. By Messrs. Moore and Dean of Polk:
A bill to amend an act placing the coroner of Polk County on a salary basis, so as to change the salary of the coroner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1136. By Messrs. Overby and Williams of Hall:
A bill to amend the charter of the City of Gainesville by providing that all municipal elections and referendums shall be held and conducted between the hours of 7:00 a.m. and 7:00 p.m.; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1139. By Messrs. House, Groover and Laite of Bibb:
A bill to amend an act relating to election precincts; to provide that in counties having a certain population, the ordinaries may establish as many election precincts as may be necessary and convenient for the holding of elections; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1144. By Mr. Black of Webster:
A bill to increase the compensation of the tax commissioner of counties having a certain population; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1145. By Mr. Steis of Harris:
A bill to amend an act incorporating the Town of Chipley; so as to ex tend the corporate limits of the Town of Pine Mountain; and for other purposes.
Referred to Committee on County and Municipal Governments.

FRIDAY, FEBRUARY 14, 1964

655

HR 406. By Mr. Teague of Cobb:
A resolution proposing an amendment to the Constitution so as to pro vide for increased homestead exemption for certain persons sixty-five years of age or over; and for other purposes.
Referred to Committee on Rules.

HB 984. By Messrs. Newton and Milhollin of Coffee:
A bill to define the terms "agricultural products", "agricultural com modities", and others, as used in the laws of this State except as other wise specifically defined by law; and for other purposes.
Referred to Committee on Agricultural and Natural Resources.

HB 1030. By Mr. Branch of Tift:
A bill to create within the Executive Branch of the State Government a commission to be known as the State Properties Commission; and for other purposes.
Referred to Committee on Rules.

HB 1062. By Messrs. Smith of Grady, Bolton of Splading, Busbee of Dougherty and others:
A bill to place certain sheriffs on an annual salary; and for other purposes.
Referred to Committee on Rules.

The following bills and resolutions were read the second time:

SB 340. By Senators Johnson of the 42nd, Conway of the 41st, McWhorter of the 43rd, and Wesberry of the 37th:
A bill to provide for the use of voting recorders and tabulating machines for recording and computing votes at all elections, in any county in Georgia having a certain population, by action of the county commis sioners of any such county; to repeal conflicting laws; and for other purposes.

SB 341. By Senator Fuqua of the 22nd:
A bill relating to certification of accountants, so as to change the appli cation fee for certification as a certified public accountant; to change the annual registration fee; to change the annual registration fee for nonresidents; to repeal conflicting laws; and for other purposes.

656

JOURNAL OF THE SENATE,

SB 342. By Senator Zorn of the 6th:
A bill relating to the joinder of claims by or against different persons, so as to provide for the joinder of parties plaintiff or defendant in one action where any asserted right pertains to or arises out of the same transaction, and where any question of law or fact common to all parties plaintiff or defendant will arise in the action; and for other purposes.

SB 343. By Senators Wesberry of the 37th and Johnson of the 38th:
A bill relating to the entry of colored taxpayers' names on the tax digest, so as to authorize the several tax receivers or tax commissioners to accumulate certain statistical information concerning taxpayers; to re peal conflicting laws; and for other purposes.

SB 344. By Senators Wesberry of the 37th, Johnson of the 38th, and Brown of the 34th:
A bill relating to reports to the State Revenue Commissioner concerning colored taxpayers by local tax officials, so as to authorize the several tax receivers or tax commissioners to accumulate certain statistical information concerning taxpayers; and for other purposes.

SB 345. By Senators Phillips of the 27th, Hunt of the 26th:
A bill to authorize Bibb County to enter into agreements with any municipality within the limits of Bibb County for the construction and maintenance of any public streets, roads, bridges, sidewalks, curbings, gutters, and related facilities located within the limits of the County of Bibb; to provide the procedure connected therewith; to repeal con flicting laws; and for other purposes.

SB 201. By Senator Rowan of the 8th:
A resolution creating a committee to investigate the withdrawal of Georgia Tech from membership in the Southeastern Conference; and for other purposes.
Referred to Committee on Rules.

SR 202. By Senator Phillips of the 27th:
A resolution creating an interim study committee for traffic safety; and for other purposes.
Referred to Committee on Rules.

SR 203. By Senator Gayner of the 5th: A resolution authorizing and directing the State Librarian to furnish

FRIDAY, FEBRUARY 14, 1964

657

certain law books for the Judge of the Brunswick Judicial Circuit; and for other purposes. Referred to Committee on County and Municipal Governments.
The following bills were read the 2nd time.

SR 204. By Senator Johnson of the 38th:
A resolution proposing an amendment to the Constitution so as to pro vide that every employer shall pay wages to each of his employees of not less than one ($1.00) per hour and the General Assembly shall enforce said provision by suitable laws and penalties; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

HB 406. By Mr. Milhollin of Coffee:
A bill to amend an act known as the Georgia Fertilizer Act, so as to define the word "lot" insofar as it applies in determining plant nutrient deficiency and penalties; and for other purposes.

HB 525. By Messrs. Pafford of Lanier, Gibbons of Lowndes and others:
A bill to amend an act relating to State Senatorial Districts, so as to provide for a change in the composition of two districts; and for other purposes.

HB 792. By Messrs. Dixon of Ware, Bynum of Rabun and Milford of Franklin:
A bill to amend an act creating the Peace Officers Annuity and Benefit Fund, so as to authorize membership in the Fund by certain persons who no longer served as peace officers at the time of the creation of the fund; and for other purposes.

HB 844. By Mr. Story of Gwinnett:
A bill to amend an act creating the Teachers Retirement System, so as to provide a limitation upon reestablishment of membership after having withdrawn contributions; and for other purposes.

HB 845. By Mr. Story of Gwinnett:
A bill to amend the Teachers Retirement System Act, so as to provide a per diem allowance in addition to reimbursement of expenses for mem bers of the Board of Trustees; and for other purposes.

HB 907. By Mr. Milhollin of Coffee:
A bill to be known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" as pertains to Coffee County; and for other purposes.

658

JOURNAL OF THE SENATE,

Senator McKinnon of the 7th moved that HB 907 be engrossed, and the motion prevailed.

HB 939. By Messrs. Smith of Grady, Bolton of Spalding and others:
A bill to amend an act known as the Unemployment Compensation Law, so as to provide for the transfer from the State Revenue Commissioner to the Commissioner of Labor of the responsibility and authority for the collection of delinquent taxes due the State of Georgia by reason of the Employment Security Law; and for other purposes.

HB 977. By Messrs. Snow of Walker, Odom and Lee of Dougherty and others:
A bill to amend an act so as to provide that a financing statement for fixtures attached to real estate shall not have priority over a creditor with a lien on the real estate subsequently obtained unless the financing statement contains a legally adequate description of the real estate on which such fixture is located and name of the owner of the real estate appears thereon; and for other purposes.

HB 988. By Mr. Wilkes of Cook:
A bill to amend an act providing that any person who shall have reached his or her 18th birthday and who is married, may execute notes, etc., so as to authorize certain minors to execute instruments conveying inter ests in real estate; and for other purposes.

HB 1000. By Mr. Busbee of Dougherty:
A bill to amend an act exempting certain motor vehicles from the pro visions of the Code of Georgia, concerning the regulation of "motor common carriers"; and for other purposes.

HB 1001. By Mr. Busbee of Dougherty:
A bill to amend an act defining certain terms concerning the regulation of "motor carriers"; and for other purposes.

HB 1069. By Mr. Smith of Emanuel:
A bill to amend an act establishing a City Court of Swainsboro; so as to provide for rules; and for other purposes.

HB 1070. By Messrs. Mitchell and Smith of Whitfield:
A bill to amend an act amending the charter of the City of Dalton, establishing the corporate limits of said city and by incorporating certain land lots, in said city; and for other purposes.

FRIDAY, FEBRUARY 14, 1964

659

HB 1077. By Mr. Bagby of Paulding:
A bill to amend an act incorporating the City of Dallas, so as to provide that all persons owning property in said city shall be required to make a return under oath, annually, to the Board of Tax Assessors; and for other purposes.

HB 1089. By Messrs. Wilkes of Cook and Hill of Meriwether:
A bill to create the Georgia Higher Education Assistance Corporation; and for other purposes.

HR 433. By Mr. Smith of Emanuel:
A resolution authorizing the conveyance of certain property of Noel B. Fowler; and for other purposes.

HR 490. By Mr. Mullis of Bleckley:
A resolution requesting the Board of Regents to establish a four year college at the Middle Georgia College; and for other purposes.

HR 493. By Messrs. Hull and Fleming of Richmond and many others: A resolution recommending the allocation of funds to the Board of Regents to be used for the initial planning, etc., and operation of a dental college in conjunction with the Medical College of Georgia; and for other purposes.
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 118. Do Pass, by Substitute. SB 296. Do Pass, by Substitute. SB 326. Do Pass, by Substitute. SB 342. Do Pass. HB 928. Do Pass, by Substitute.
Respectfully submitted, Smalley of 28th District, Chairman.

660

JOURNAL OF THE SENATE,

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 314. Do Pass. SB 315. Do Pass. SB 316. Do Pass. SB 317. Do Pass. SB 318. Do Pass. SB 322. Do Pass. SB 323. Do Pass. SB 324. Do Pass. SB 325. Do Pass. SB 329. Do Pass. SB 334. Do Pass. SB 337. Do Pass. SB 339. Do Pass, as Amended. HB 706. Do Pass. HB 707. Do Pass. HB 708. Do Pass. HB 709. Do Pass. HB 748. Do Pass. HB 926. Do Pass. HB 971. Do Pass. HB 972. Do Pass. HB 973. Do Pass. HB 974. Do Pass. HB 975. Do Pass. HB 976. Do Pass. HB 1004. Do Pass. HB 1008. Do Pass, as Amended.

FRIDAY, FEBRUARY 14, 1964

661

HB 1009. Do Pass. HB 1010. Do Pass. HB 1011. Do Pass. HB 1018. Do Pass. HB 1019. Do Pass. HB 1020. Do Pass. HB 1022. Do Pass. HB 1024. Do Pass. HB 1027. Do Pass. HB 1028. Do Pass. HB 1035. Do Pass. HB 1036. Do Pass. HB 1038. Do Pass. HB 1040. Do Pass. HB 1041. Do Pass. HB 1042. Do Pass. HB 1059. Do Pass. HB 1090. Do Pass. HB 994. Do Pass. HB 957. Do Pass. HB 953. Do Pass. HB 1043. Do Pass.

Respectfully submitted, Brown of 34th 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 follow ing resolutions of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HR 341. Do Pass.

662

JOURNAL OF THE SENATE,

HR 202. Do Pass. HR 326. Do Pass. HR 332. Do Pass. HR 256. Do Pass. HR 377. Do Pass. HR 178. Do Pass. HR 127. Do Pass. HR 80. Do Pass. HR 79. Do Pass. HR 60. 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 reso lution of the Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SR 196. Do Pass.
Respectfully submitted,
Rowan of 8th District,
Secretary.

Mr. Coggin of the 35th District, Secretary of the Committee on Temperance, submitted the following report: Mr. President:

Your Committee on Temperance has had under consideration the following bills of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SB 240. Do Pass.
SB 259. Do Pass, as Amended.

FRIDAY, FEBRUARY 14, 1964

663

SB 333. Do Pass. HB 907. Do Pass.

Respectfully submitted, Coggin of 35th District, Secretary.

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

SB 314. By Senator Thomas of the 54th:
A bill to amend, revise, supersede and consolidate the laws pertaining to the governing authority of Whitfield County, Georgia; to create a Board of Commissioners of Roads and Revenues for Whitfield County, Georgia; to provide for Commissioner seats; 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.

SB 315. By Senators Scott of the 23rd and Fuqua of the 22nd: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Richmond; approved Aug. 19, 1907, (Ga. L. 1907, p. 3240, as amended, so as to provide that elections called by the Board of Commissioners of Roads and Revenues to fill vacancies in county offices shall be called and held within 60 days of the date the vacancy occurs; and for other purposes.
The report 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 316. By Senators Fuqua of the 22nd and Scott of the 23rd:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Richmond; approved Aug. 19, 1907, (Ga. L.

664

JOURNAL OF THE SENATE

1907, p. 324), as amended, so as to provide the procedure of obtaining an accounting firm for the purpose of auditing county offices handling public funds; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 0.

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

SB 317. By Senators Coggin of the 35th, Brown of the 34th, Maclntyre of the 40th and others: A bill to amend an act approved Sept. 16, 1891, entitled "An Act to incorporate the City of Hapeville, Georgia, and for other purposes" and the several acts amendatory thereof, so as to provide a sewer tax for the City of Hapeville; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.

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

SB 318. By Senators Coggin of the 35th, Brown of the 34th, Maclntyre of the 40th and others:
A bill to amend an act approved Sept. 16, 1891, entitled "An Act to incorporate the City of Hapeville, Ga., and for other purposes" and the several acts amendatory thereof, relative to the retirement program for Hapeville city employees; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 0.

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

SB 322. By Senator Smith of the 18th: A bill to place the clerk of the Superior Court of Houston County upon

FRIDAY, FEBRUARY 14, 1964

665

an annual salary in lieu of the fee system of compensation; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed.
SB 323. By Senator Smith of the 18th: A bill to place the tax commissioner of Houston County upon an annual salary in lieu of the fee system of compensation; to provide for person nel within the tax commissioner's office; to provide for budgets; to re peal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.

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

SB 324. By Senator Smith of the 18th:
A bill to place the ordinary of Houston County upon an annual salary in lieu of the fee system of compensation; to provide the manner in which such salary shall be fixed; 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.

SB 325. By Senator Smith of the 18th:
A bill to place the sheriff of Houston County upon an annual salary in lieu of the fee system of compensation; to provide the manner in which such salary shall be fixed; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE,

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

On the passage of the bill, the ayes were 31, nays 0.

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

SB 329. By Senators Maclntyre of the 40th, Johnson of the 38th, Wesberry of the 37th, Salome of the 36th, Coggin of the 35th and Brown of the 34th:
A bill creating a new charter for the City of Alpharetta, approved March 3, 1961, (Ga. L. 1961, p. 2127), 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.

SB 334. By Senators Brown of the 34th, Maclntyre of the 40th, Coggin of the 35th, Johnson of the 38th, Salome of the 36th and Wesberry of the 37th: A bill establishing a new charter for the City of College Park, approved December 16, 1895, (Ga. L. 1895, p. 254, 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 337. By Senator Kowan of the 8th:
A bill to amend an act relating to the qualifications of the ordinary in certain counties, approved Feb. 27, 1953, (Ga. L. 1953, p. 2739), so as to change the population requirements; 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.

FRIDAY, FEBRUARY 14, 1964

667

On the passage of the bill, the ayes were 31, nays 0.

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

SB 339. By Senators Kendrick of the 32nd and Yancey of the 33rd:
A bill to amend an act providing a new charter for the City of Marietta, approved August 15, 1904 (Ga. L. 1904, p. 514), as amended, so as to change the corporate limits of said city; to change the retirement and disability benefits for participating employees; to repeal conflicting laws; and for other purposes.
Senator Yancey of the 33rd offered the following amendment:
Amend SB 339 by inserting in the title after the words "so as to change the corporate limits of said city;" the following:
"to provide for increased benefits for certain persons under certain conditions;";
By renumbering Sections 2, 3, 4, 5, and 6 as Sections 3, 4, 5, 6, and 7th, respectively;
By inserting a new Section 2 to read as follows:
"Section 2. Said act is further amended by inserting a new sentence at the end of Section IF to read as follows: 'Any par ticipating employee retiring on or prior to December 31, 1965, shall be entitled to receive any increase in retirement or disability ben efits that may be enacted into law prior to December 31, 1965.'"; and
By striking from the third paragraph of Section 19, which is quoted in Section 3 (now renumbered as Section 4), the following: "any and all committees appointed by the mayor and/or council" and by inserting in lieu thereof the following: "all committees appointed by the mayor and council consisting of councilmen or councilmen and the mayor."

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

On the passage of the bill, the ayes were 31, nays 0.

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

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JOURNAL OP THE SENATE,

HB 706. By Messrs. Brooks and Etheridge of Fulton:
A bill to amend an act in cities having a population of more than 150,000, so as to provide that if any such city has an administrative assistant to the Mayor, that the Mayor of such city may designate such admin istrative assistant to the Mayor to serve on the Board of Trustees in his stead; and for other purposes.

The report 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 707. By Messrs. Brooks and Etheridge of Fulton:
A bill to amend an act providing a system of pensions and other benefits for members of the paid fire departments in cities having a population of more than 150,000; to provide that if any such city has an admin istrative assistant to the Mayor that the Mayor of such city may desig nate such administrative assistant to the Mayor to serve on the Board of Trustees in his stead; and for other purposes.

The report 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 708. By Messrs. Brooks and Etheridge of Fulton:
A bill to amend an Act relating to pensions for members of the Police Department in cities having a population of 150,000, so as to provide that if any such city has an administrative assistant to the Mayor, that the Mayor of such city may designate such administrative assistant to the Mayor to serve on the Board of Trustees in his stead; and for other purposes.

The report 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.

FRIDAY, FEBRUARY 14, 1964

669

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

HB 709. By Messrs. McClelland, Brooks and Etheridge of Fulton: A bill to amend an act relating to pensions for members of the police department in cities having a populatoin of 150,000 and providing a new pension system for members of the police department in such cities; to provide a system of pensions and other benefits for such members and their dependents; to provide for the tax upon the salaries of such mem bers; and for other purposes.
The report 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 748. By Messrs. McClelland, Etheridge and Brooks of Fulton: A bill to amend an act creating a joint city-county board of tax asses sors in counties having a population of more than 300,000 so as to permit the Board to re-employ an attorney, and for other purposes.
The report 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 838. By Mr. McDonald of White: A bill to change the terms of the Superior Court of White 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.

670

JOURNAL OF THE SENATE,

HB 926. By Mr. Wilkes of Cook:
A bill to amend an Act creating a Small Claims Court in certain counties, so as to provide for the procedure for the appointment of a Judge, and for other purposes.

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

On the passage of the bill, the ayes were, 30 nays 0.

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

HB 953. By Mr. Shuman of Bryan:
A bill to amend an Act changing the compensation of the Sheriff, the deputy Sheriff of the 20th GMD, the Sheriff of the 19th and 1380th GMD, and the Clerk of the Superior Court of Byran County from the fee system to the salary system; and for other purposes.

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

On the passage of the bill, the ayes were 29, nays 0.

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

HB 957. By Mr. Andrews of Stephens:
A bill to provide for the use of voting machines, for casting, registering, recording and computing ballots or votes in all elections including pri maries and municipal elections 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 31, nays 0.

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

HB 971. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an Act creating and establishing a new charter for the City of Lithonia, and for other purposes.

FRIDAY, FEBRUARY 14, 1964

671

The report 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 972. By Messrs. Mackay and Harris of DeKalb: A bill to amend an Act creating and establishing a new charter and municipal government for the Town of Decatur, now the City of Decatur, in the County of DeKalb, by providing that the Mayor and commission shall have the power of eminent domain in the control of floods, freshets and surface drainage water within the limits of the City, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 973. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an Act authorizing the creation of the DeKalb County Planning Commission so as to provide that the Commission shall consist of not less than five and not more than seven citizens of the County appointed by the governing 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 974. By Messrs. Mackay and Harris of DeKalb:
A bill to abolish the Village of North Atlanta; to withdraw the certifi cate and charter of incorporation granted to the Village of North Atlanta filed in the Office of the Clerk of Superior Court of DeKalb County on January 12, 1924, and for other purposes.

672

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 31, nays 0.

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

HB 975. By Messrs. Mackay and Harris of DeKalb:
A bill to amend the charter of the City of Lithonia, by providing for the hours the polls shall be opened and closed for city 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 29, nays 0.

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

HB 976. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an Act providing for the method of giving notice of the letting of county contracts for public buildings or other public works 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 31, nays 0.

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

HB 994. By Mr. Wells of Oconee:
A bill to amend an Act reincorporating the Town of Watkinsville, so as to define the qualifications of the Mayor and council; to change the tax return date; and for other purposes.

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

On the passage of the bill, the ayes were 31, nays 0.

FRIDAY, FEBRUARY 14, 1964

673

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

HB 1004. By Messrs. Harris and Mackay of DeKalb:
A bill to fix, prescribe and establish compensation of certain elected county officials in counties having a population of not less than 250,000 and not more than 500,000, including the Ordinary, Clerk of Superior Court, Sheriff and Tax Commissioner for the year 1964 and future 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 29, nays 0.

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

HB 1009. By Mr. Lewis of Wilkinson:
A bill to consolidate the offices of tax receiver and tax collector of Wilkinson County into one office of tax commissioner; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 0.

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

HB 1008. By Mr. Smith of Telfair:
A bill to amend an act incorporating the Town of Scotland, so as to grant the authority to make various concessions to industries seeking to locate within the corporate limits of said municipality and the author ity to aid in the financing of said industries; and for other purposes.

The Committee on County and Municipal Governments offered the following substitute.
A BILL TO BE ENTITLED.
An Act to amend an Act incorporating the Town of Scotland, ap proved August 19, 1911 (Ga. Laws 1911, p. 1535), as amended, so as to change the name of said Town to the "City of Scotland"; to provide for

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the election of the Mayor and Councilman and the manner of fixing the date of such election; to provide the hours for which the polls shall be open; to provide the manner for which the Mayor and Councilmen's com pensation shall be fixed; to provide the date upon which the Mayor and Councilmen shall assume office; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act incorporating the Town of Scotland, approved August 19, 1911 (Ga. Laws 1911, p. 1535), as amended, is hereby amended by striking therefrom, wherever the same shall appear, the words "Town of Scotland" and "Town" and substituting in lieu thereof the words "City of Scotland" and "City", respectively, so that after the passage of this Act the Town of Scotland shall henceforth be known as the City of Scotland.
Section 2. Said Act is further amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. (a). Be it further enacted that a general election shall be held in said City for the election of a Mayor and Councilmen on the second Saturday in December of each and every year, beginning with the year 1964. If any such election should not be held at the time above designated, the same shall thereafter be held after notice of the time and place of holding such election shall have been given in writing by posting the same at the Post Office by any ten citizens residing in said City at least ten days before such election is to be held.
"(b). Be it further enacted that during each and every general election to be hereinafter held in and for the City of Scotland, the polls shall open on the day of election at 7 o'clock a.m. and shall close at 7 o'clock p.m.
"(c). Be it further enacted that the Mayor and Councilmen for the City of Scotland shall fix their compensation for their services and the compensation for each Councilman shall not exceed the sum of $10.00 per meeting or the total sum of $120.00 annually, which ever figure is less. The compensation for the Mayor of the City of Scotland shall not exceed the sum of $150.00 per year.
"(d). Be it further enacted that the candidates elected for the offices of Mayor and Councilmen shall assume their duties and take office on the first day of January following their election unless same falls on a Sunday or a legal holiday, in which case, said officers shall be installed and assume their duties on the following day."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

FRIDAY, FEBRUARY 14, 1964

675

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 29, nays 0.

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

HB 1010. By Mr. Lewis of Wilkinson:
A bill to amend an Act creating a Board of Commissioner of Roads and Revenues of Wilkinson County, so as to dispense with a full itemization of the monthly statement 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, 29, nays 0.

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

HB 1011. By Mr. Lewis of Wilkinson:
A bill to amend an Act creating a new charter for the Town of Ivey, so as to provide that the tax upon all property, both real and personal, within the limits of the town shall not exceed 15 mills ad valorem; and for other purposes.

The report 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 1018. By Messrs. Pickard, Dicus and Jones of Muscogee:
A bill to amend an Act amending the charter of the City of Columbus, so as to vest in the City of Columbus, fee simple title to all the City streets that lie within the corporate limits of said City except State highways; and for other purposes.

676

JOURNAL OF THE SENATE,

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

On the passage of the bill, the ayes were 30, nays 0.

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

HB 1019. By Mr. Clarke of Monroe:
A bill to amend an Act incorporating the City of Culloden, so as to change the terms of office of councilmen; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 0.

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

HB 1020. By Mr. Clarke of Monroe:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Monroe County, relating to the terms of members, and for other purposes.

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

On the passage of the bill, the ayes were 29, nays 0.

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

HB 1022. By Messrs. Harris and Mackay of DeKalb:
A bill to amend an Act creating and establishing the DeKalb County Recorder's Court; to provide for a Chief Judge and Associate Judges; and for other purposes.

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

On the passage of the bill, the ayes were 31, nays 0.

FRIDAY, FEBRUARY 14, 1964

677

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

HB 1024. By Messrs. Harris and Mackay of DeKalb:
A bill to amend an Act creating the Pension Board of DeKalb County and a system of retirement pay for officers, deputies and employees of DeKalb County, and for other purposes.

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

On the passage of the bill, the ayes were 29, nays 0.

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

HB 1027. By Mr. Fowler of Douglas:
A bill to abolish the present mode of compensating the Clerk of the Superior Court, the Sheriff, the Ordinary and the Tax Commissioner of Douglas County known as 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 30, nays 0.

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

HB 1028. By Messrs. Pickard, Dicus and Jones of Muscogee:
A bill amending an Act approved August 24, 1872, creating the Board of Commissioners of Roads and Revenues of Muscogee 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.

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JOURNAL OP THE SENATE,

HB 1035. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A bill to amend an Act relating to teachers and employees of the Board of Education of Fulton County, so as to change the provisions as to maximum pension benefits; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 0.

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

HB 1036. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A bill relating to a Joint City-County Board of Tax Assessors in all counties having a population of 300,000 or more, so as to change the number of members of said Joint Board and provide a new method of appointments for same; and for other purposes.

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

On the passage of the bill, the ayes were 29, nays 0.

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

HB 1038. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an Act establishing a new charter for the City of Atlanta so as to change certain provisions relating to Civil Service System; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1040. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A bill to amend Code Section 113-1301 relating to county administrators in counties having a population of 550,000 or more, so as to provide for

FRIDAY, FEBRUARY 14, 1964

679

the appointment of assistant county administrators; and for other purposes.

The report 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 1041. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an Act establishing a new charter for the City of Atlanta relating to the members of the personnel board; and for other purposes.

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

On the passage of the bill, the ayes were 28, nays 0.

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

HB 1042. By Messrs. Busbee, Odora and Lee of Dougherty:
A bill amending an Act creating a new charter for the City of Albany, so as to provide an additional method of assessing the costs of a sewer line, and for other purposes.

The report 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 1043. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill to amend an Act creating and establishing a new charter for the City of Albany, so as to change the corporate limits; and for other purposes.

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JOURNAL OF THE SENATE,

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

On the passage of the bill, the ayes were 29, nays 0.

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

HB 1059. By Messrs. Etheridge, Brooks and McClelland of Fulton:
A bill to repeal an Act incorporating Union City; to provide that prop erty belonging to, and obligations due to Union City shall be transferred to Fulton County with certain provisions relative to the water system of Union 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 1090. By Mr. Wilkes of Cook:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Cook County; so as to change the manner of electing members of the Board; and for other purposes.

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

On the passage of the bill, the ayes were 31, 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 333. By Senators Johnson of the 38th, Coggin of the 35th, Salome of the 36th and Maclntyre of the 40th:
A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", as amended, so as to author ize certain counties having a certain population, to issue licenses for the

FRIDAY, FEBRUARY 14, 1964

681

sale of distilled spirits or alcoholic beverages from broken packages or in unbroken packages containing less than 4 oz.; and for other purposes.

Senator Cogrgin of the 35th asked unanimous consent that SB 333 be recom mitted to the Committee on Temperance.

The consent was granted.

Mr. Coggin of the 35th District, Secretary of the Committee on Temperance, submitted the following report:

Mr. President:

Your Committee on Temperance had 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 333. Do pass as amended.
Respectfully submitted,
Coggin of 35th District,
Chairman.

SB 333. By Senators Johnson of the 38th, Coggin of the 35th, Salome of the 36th and Maclntyre of the 40th:
A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", as amended, so as to authorize certain counties having a certain population, to issue licenses for the sale of distilled spirits or alcoholic beverages from broken packages or in unbroken packages containing less than 4 ozs.; and for other purposes.

The Committee on Temperance offered the following amendment:

Amend SB 333 by adding the following phrase in caption after the word counties in the ninth line of said caption, "as to that portion of such cities located within such counties", and also by adding the follow ing phrase in section 31 (a) after the word may in line 8 of said section, "as to that portion of such city or municipality within such counties", so that when amended said act will read as follows:
A BILL TO BE ENTITLED
An act to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3,

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1938 (Ga. Laws 1937-38 Ex. Sess. p. 103), as amended, so as to author ize counties where the sale of alcoholic beverages is authorized by law and which such counties have a population of 500,000 or more, according to the United States decennial census of 1960 or any future such census, and to authorize all cities located wholly or partially within such coun ties, as to that portion of such cities located within such counties, to issue licenses for the sale of distilled spirits or alcoholic beverages from broken packages or in unbroken packages containing less than four ounces; to authorize such counties and cities to prescribe rules and regulations concerning the issuance of such licenses; to authorize such counties and cities to prescribe rules and regulations relating to and concerning the regulation of any businesses holding such licenses; to authorize whole distributors to sell distilled spirits at wholesale to persons licensed under this act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38 Ex. Sess., p. 103), as amended, is hereby amended by renumbering Section 31, the repealer clause, as Section 32 and by insert ing a new Section 31 to read as follows:
"Section 31. (a) Anything in this Act to the contrary notwith standing every county in the State of Georgia where the sale of dis tilled spirits or alcoholic beverages is authorized by law and which such counties have a population of 500,000 or more, according to the United States decennial census of 1960 or any future decennial census, and any city or municipality wholly or partially within such counties may, as to that portion of such city or municipality within such counties, through proper resolution or ordinance, authorize the issuance of licenses to sell distilled spirits or alcoholic beverages for beverage purposes by the drink from broken packages or from un broken packages containing less than four ounces, commonly re ferred to as 'miniatures', said sales to be for consumption only on the premises.
"(b) Every county and city, as set forth in this section, shall have the full power and authority to adopt all reasonable rules and regulations governing the qualifications and criteria for issuance of any such license and shall further have the power and authority to promulgate reasonable rules and regulations governing the con duct of any licensee provided for in this Section, including but not being limited to the regulations of hours of business, types of em ployees, and other matters which may fall within the police powers of such municipalities or counties.
"(c) Those persons who are duly licensed as wholesalers under the provisions of this Act shall be authorized to sell to any person or persons licensed as provided in this Section, distilled spirits at wholesale, and the persons so licensed under this Section shall be

FRIDAY, FEBRUARY 14, 1964

683

authorized to purchase such distilled spirits from a duly licensed wholesaler, at wholesale".

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Yancey of the 33rd offered the following amendment:
Amend SB 333 by striking that portion of section 31 (a) set forth in Section 1 which reads "or from unbroken packages containing less than four ounces, commonly referred to as miniatures."

On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment was adopted.

Senator Yancey of the 33rd offered the following amendment:
Amend SB 333 by renumbering Section 2 as Section 3 and by adding a new Section 2 as follows:
The provisions of this Act shall not become effective until a majority of the qualified voters of Fulton County voting in a refer endum to be called within 30 days from the effective date of this act have ratified the same.

On the adoption of the amendment, 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:

Byrd Carlton Carter Conway Ellis Gillis Gordy Hall Heard Holloway

Hunt Johnson of 42nd Kendrick Lee Loggins Miller Moore McKinnon McWhorter Owens

Phillips Smalley Smith Thomas Webb Wesberry Yancey Young Zorn

Those voting in the negative were Senators:

Brewer Coggin Johnson of 38th

Kidd Maclntyre Pennington

Salome Searcey Tribble

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

On the adoption of the Committee amendment, the ayes were 37, nays 0, and the Committee 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 26, nays 11.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Coggin of the 35th gave notice that at the proper time he would move to reconsider SB 333.

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 1147. By Messrs. Etheridge and McClelland of Fulton:
A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to authorize counties where the sale of alcoholic beverages is authorized by law and which counties have a certain population, to issue license for the sale of alco holic beverages containing less than 4 ozs.; and for other purposes.

The following bill was introduced, read the first time and referred to com mittee :

HB 1147. By Messrs. Etheridge and McClelland of Fulton:
A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to authorize counties where the sale of alcoholic beverages is authorized by law and which counties have a certain population, to issue license for the sale of alco holic beverages containing less than 4 ozs.; and for other purposes.

Referred to Committee on Temperance.

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative Affairs, submitted the following report:

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685

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 273.
SB 282.
Respectfully submitted,
Pelham of the 10th District,
Chairman.

HB 872. By Mr. Andrews of Stephens:
A bill to provide for the appointment of a personal representative to manage the assistance payments for recipients of public assistance bene fits who became unable to manage the assistance payments or otherwise fails so to manage to the extent that deprivation or hazard to himself or others results; and for other purposes.

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

On the passage of the bill, the ayes were 28, nays 0.

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

Senator Carlton of the 21st 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.

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Senate Chamber, Atlanta, Georgia, Saturday, February 15, 1964.

The Senate met pursuant to adjournment at 9:30 o'clock this morning, and was called to order by the president.

Scripture reading and prayer were offered by Senator Maclntyre of the 40th.

By unanimous consent, the call of the roll was dispensed with.
Senator Maclntyre of the 40th 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 Maclntyre of the 40th 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 & Senate to-wit:

HR 472. By Messrs. Flournoy, Teague and Wilson of Cobb:
A resolution proposing an amendment to the Constitution so as to author ize Cobb County to acquire, construct, equip, maintain and operate in cinerators, garbage and refuse facilities; and for other purposes.

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687

HR 467. By Messrs. Killian and Isenberg of Glynn:
A resolution proposing an amendment to the Constitution so as to author ize the governing body of the City of Brunswick to levy an annual ad valorem tax upon the taxable property described as "downtown Bruns wick"; and for other purposes.

HR 468. By Mr. Andrews of Stephens:
A resolution proposing an amendment to the Constitution so as to create the Toccoa Stephens County Building and Parks Authority; and for other purposes.

HR 470. By Messrs. Killian and Isenberg of Glynn:
A resolution proposing an amendment to the Constitution so as to author ize the City of Brunswick to levy for a maximum period of 10 years a less and varying property tax than that applicable to its present terri torial limits; and for other purposes.

HR 474. By Messrs. Abney and Snow of Walker:
A resolution proposing an amendment to the Constitution to authorize the General Assembly to provide for fire prevention districts in Wal ker; and for other purposes.

HR 465. By Mr. Floyd of Chattooga:
A resolution proposing an amendment to the Constitution so as to authorize the County Board of Education of Chattooga County to borrow funds and pledge certain building funds to the payment thereof; and for other purposes.

HR 451. By Messrs. Brooks and Etheridge of Fulton:
A resolution proposing an amendment to the Constitution so as to authorize Fulton County to cooperate in the construction of a stadium and related facilities within the corporate limits of the City of At lanta and to enter into contracts in connection therewith; and for other purposes.

HR 462. By Messrs. Williams and Overby of Hall:
A resolution proposing an amendment to the Constitution so as to provide for staggered terms for the members of the Board of Education of Hall County; and for other purposes.

HR 456. By Mr. Bagby of Paulding:
A resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Paulding County by the people, and for other purposes.

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HR 473. By Messrs. Mackay and Harris of DeKalb:
A resolution proposing an amendment to the Constitution so as to provide for contracts for the use of public facilities; and for other purposes.

HB 1162. By Mr. Lindsey of Wilkes:
A bill to amend an act placing the sheriff, the ordinary and the clerk of the Superior Court of Wilkes County on an annual salary in lieu of a fee system, so as to provide that the aforesaid officials shall turn over to the county fiscal authority be the close of the last day of each month monies collected by them for such month; and for other pur poses.

HB 1165. By Messrs. Lowrey and Jordon of Floyd:
A bill to require county boards of education in certain counties to conduct an annual audit of the books and records of such boards of edu cation; and for other purposes.

HB 1166. By Messrs. Groover, House and Laite of Bibb:
A bill to amend an act re-enacting the Charter of the City of Macon, so as to authorize, approve, ratify and confirm a contract between the City of Macon, Southern Railway Company, Central of Georgia Rail way Company and Georgia Southern and Florida Railway Company, and for other purposes.

HB 1167. By Messrs. Groover, House and Laite of Bibb:
A bill to amend an act establishing a County Board of Commissioners for the County of Bibb, so as to authorize, approve, ratify and confirm a certain contract between the County of Bibb and Southern Railway Co., Central of Georgia Railway Co., and Ga. Southern and Florida Railway Co., and for other purposes.

HB 1168. By Mr. Bowen of Toombs:
A bill to amend an act creating a new charter for the City of Vidalia, relating to opening of polls, and for other purposes.

HB 1169. By Messrs. Flournoy, Teague and Wilson of Cobb:
A bill to amend an act creating a new charter for the City of Kennesaw, so as to change the day of the annual elections for the City of Kennesaw, and for other purposes.

HB 1170. By Messrs. Matthews and Bedgood of Clarke:
A bill to amend an act abolishing the justice Courts, the offices of the justices of the Peace and the offices of Constables in Clarke County,

SATURDAY, FEBRUARY 15, 1964

689

so as to increase the civil jurisdiction of the Magistrate's Court of

j

Clarke County, and for other purposes.

HB 1173. By Messrs. Bell, Hull and Fleming of Richmond:
A bill to amend the charter of the City of Augusta incorporated as the City Council of Augusta, relating to polling places, and for other purposes.

HB 1185. By Mr. Anderson of Pulaski:
A bill to amend an act to create a new charter for the City of Hawkinsville, relating to voting in certain elections; and for other purposes.

HB 1037. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A bill 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 additional pension benefits; and for other purposes.

HB 1102. By Messrs. McClelland and Brooks of Fulton:
A bill to amend an act to provide in Fulton County a system for pen sion and retirement pay to teachers and employees of the Board of Education, so as to provide that a teacher or employee may designate certain dependents as beneficiaries, and for other purposes.

HB 1114. By Messrs. McClelland and Brooks of Fulton:
A bill to amend an act establishing rules and regulations governing the payment of pensions to Fulton County employees, so as to provide increased pensions for certain officers and employees; and for other purposes.

HB 1116. By Mr. Flournoy of Cobb:
A bill to amend an act creating a new charter for the City of Smyrna, so as to fix the compensation of the Mayor and Council, and for other purposes.

HB 1152. By Mr. Steis of Harris:
A bill to provide a new charter for the City of Hamilton; to provide that said City shall be responsible for all debts and contracts of the former City of Hamilton; and for other purposes.

HB 1153. By Mr. Steis of Harris: A bill to place the Coroner of Harris County on a monthly salary;

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JOURNAL OF THE SENATE,

to provide for the disposition of fees and commissions formerly allowed the Coroner, and for other purposes.

HB 1154. ByMessrs. Killian and Isenberg of Glynn:
A bill to amend the charter of the City of Brunswick, so as to include therein certain territory in the County of Glynn contiguous to an north, northwest and west thereof; and for other purposes.

HB1155. By Messrs. Keyton and Russell of Thomas:
A bill to change the compensation of Sheriff of Thomas County from the fee basis to a salary; and for other purposes. A bill to amend an act creating a new charter for the City of Woodstock, so as to extend the corporate limits; and for other purposes,

HB 1158. By Mr. Wells of Peach:
A bill to amend an act incorporating the offices of tax receiver and tax collector of Peach County into one office of tax commissioner, so as to change the compensation of the tax commissioner; and for other purposes.

HB 1159. By Mr. Wells of Peach:
A bill to create a Board of Commissioners of Roads and Revenues for Peach County; and for other purposes.

HB 1161. By Mr. Lindsey of Wilkes:
A bill to amend an act creating the office of tax commissioner of Wilkes County, so as to provide that the tax commissioner shall turn over to the county fiscal authority by the close of the last day of each month monies collected by him for such month; and for other purposes.

HB 1174. By Mr. Rowland of Johnson:
A bill to amend an act establishing the City Court of Wrightsville, so as to increase the compensation of the Judge, and for other purposes.

HB 1175. By Messrs. Abney and Snow of Walker:
A bill to authorize the governing authority of Walker County to es tablish fire prevention districts in Walker County; and for other purposes.

HB 1177. By Mr. Steis of Harris: A bill to authorize and empower the board of Commissioners of Roads

SATURDAY, FEBRUARY 15, 1964

691

and Revenues for Harris County to establish rules and regulations governing the payment of pensions to county officials and employees of said county, and for other purposes.

HB 1182. By Mr. Roper of Greene: A bill to amend an act creating the Board of Commissioners of Roads and Revenues in and for Greene County, so as to provide for five commissioners, and for other Commissioners, and for other purposes.
HB 1184. By Messrs. Bell, Fleming and Hull of Richmond: A bill to amend the charter of the City of Augusta, so as to authorize the City Council to require owners of property to install connection with municipal water systems and to assess charges thereof against said property owners; and for other purposes.
HB 1186. By Messrs. Alien and Branch of Tift: A bill creating a small claims court in counties having a certain popu lation, and for other purposes:

HB 1163. By Mr. Singer of Stewart:
A bill to create a Small Claims Court in Stewart County; and for other purposes.

HB 1096. By Mr. Rhodes of Baker:
A bill to amend an act providing for a supplement to the salary of Sheriffs in counties having a population of not less than 4,450 nor more than 4,550, and for other purposes.

HB 1086. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill relative to the abolition of justice courts in any county of this State having within its borders a city having a population of over 20,000, so as to abolish said justice courts and the offices of justices of the peace and notaries public ex-officio justices of the peace within the County of Dougherty; and for other purposes.

HB 1087. By Messrs. Busbee, Lee and Odom of Dougherty:
A bill to amsnd an act establishing the city court of Albany, so as to redefine its jurisdiction and the practice and procedure to be employed therein; and for other purposes.

HB 1151. By Mr. Fowler of Douglas: A bill to abolish the present mode of compensating the Clerk of the

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Superior Court, the Sheriff, the Ordinary and Tax Commissioner of Douglas County, known as the fee system; and for other purposes.

HB 1056. By Mr. Brooks of Fulton:
A bill to amend an act so as to make provision for the coverage of certain members of the Superior Court Judges Retirement Fund who are not covered thereunder to the extent that coverage may still be permitted them under Federal Law, and for other purposes.

SB 243. By Senators Pennington of the 45th and Fuqua of the 22nd:
A bill to amend an act known as the "State Penal and Rehabilitation Authority Act", and for other purposes.

SB 241. By Senators Pennington of the 45th and Fuqua of the 22nd:
A bill to amend an act known as the "Georgia Farmers Market Authority Act", and for other purposes.

SB 242. By Senators Pennington of the 45th and Fuqua of the 22nd:
A bill to amend an act known as the "State Ports Authority Act" and for other purposes.

SB 247. By Senators Pennington of the 45th and Fuqua of the 22nd:
A bill to amend an act known as the "State Office Building Authority Act", and for other purposes.

SB 246. By Senators Pennington of the 45th and Fuqua of the 22nd:
A bill to amend an act known as the "University System Building Authority Act", and for other purposes.

SB 245. By Senators Pennington of the 45th and Fuqua of the 22nd:
A bill to amend an act known as the "Jekyll Island--State Park Author ity Act", and for other purposes.

SB 248. By Senators Pennington of the 45th and Fuqua of the 22nd:
A bill to amend an act known as the "State School Building Authority Act", and for other purposes.

SB 244. By Senator Pennington of the 45th and Fuqua of the 22nd:
A bill to amend an act known as the "State Hospital Authority Act", and for other purposes.

SATURDAY, FEBRUARY 15, 1964

693

The House disagreed to the Senate substitute to the following bill of the House:

HB 107. By Mr. Rowland of Johnson:
A bill to amend an act relating to the transaction of business with Ordinaries, so as to provide for the closing of the Ordinaries Office for two half days per week, and for other purposes.

The House has agreed to the senate substitutes or amendments to the follow ing bills of the House:

HB 833. By Mr. Moate of Hancock:
A bill to place the Sheriff, Ordinary and the Clerk of the Superior Court of Hancock County on an annual salary in lieu of the fee system of compensation, and for other purposes.
HB 846. By Mr. Raulerson of Echols:
A bill to amend an act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt sugar and other feeds for honeybees, and for other purposes.

HB 986. By Mr. Milford of Franklin:
A bill to reincorporate the City of Canon in the County of Franklin, and for other purposes. The House has adopted the following resolutions of the House to-wit"

HR 509. By Messrs. Brooks, McClelland and Etheridge of Fulton: A resolution requesting the governing authorities of Fulton, DeKalb and the City of Atlanta to provide additional voting precincts, voting machines and other facilities so as to improve the methods and pro cedures of conducting elections in the interest of the people, and for other purposes.
HR 454. By Messrs. Pope and Coker of Cherokee: A resolution urging the construction of a 4 lane highway north of Atlanta, extending into Cherokee County, and for other purposes.
The House has passed as amended the following bill of the Senate:
SB 279. By Senators Johnson of the 28th, Salome of the 36th, Wesberry of the 37th and others: A bill to amend Code Section 61-302, so as to provide that in certain counties property moved away from the premises pursuant to the

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JOURNAL OP THE SENATE,

execution of a dispossessory warrant or process shall be placed in storage, and for other purposes.

HR 475. By Mr. Roper of Greene:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Greene County; and for other purposes.

HR 471. By Messrs. Bowen of Toombs and Underwood of Montgomery:
A resolution proposing an amendment to the Constitution so as to authorize the Vidalia Development Authority to extend its activities into Montgomery County and to grant certain tax exemptions to tenants and lessees of the Authority; and for other purposes.

HR 416. By Messrs. Overby and Williams of Hall:
A resolution proposing an amendment to the Constitution so as to create the Gainesville and Hall County Development Authority; and for other purposes.

HR 460. By Mr. Rowland of Johnson:
A resolution proposing an amendment to the Constitution so as to authorize governing body of Johnson County to levy an annual ad valorem tax to be used in assisting, promoting and establishing new industries and the expansion of agriculture, etc.; and for other purposes.

HR 469. By Mr. Andrews of Stephens:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the assessment of property in Stephens County and the City of Toccoa for tax purposes by a joint board of assessors and to create and to provide for an agency to review and revise such assessments; and for other purposes.

HR 458. By Messrs. Caldwell and Echols of Upson:
A resolution proposing an amendment to the Constitution so as to create a body corporate and politic and an instrumentality of the State to be known as the Thomaston-Upson County Industrial Development Authority; and for other purposes.

HB 919. By Messrs. Cullens of Bartow, Brooks of Fulton, and others:
A bill to amend an Act relating to the limitation of actions for injuries to the persons, so as to provide that actions for injuries to the person involving loss of consortium shall be brought within 4 years; and for other purposes.

SATURDAY, FEBRUARY 15, 1964

695

HB 1080. By Messrs. Bolton and Melton of Spalding, and others:
A bill to amend an act creating a new judicial circuit to be called the Griffin Circuit; and for other purposes.

HR 422. By Messrs. Johnson of Elbert and Brooks of Oglethorpe:
A resolution to officially designate State Route No. 77 from Elberton, Ga., to Lexington, Ga., as the "Old Post Road"; and for other purposes.

HB 1067. By Messrs. Smith of Grady, Bolton of Spalding, and others:
A bill to amend Code Section 32-503, relating to the bond and oath of the State Superintendent of Schools; and for other purposes.

HR 419. By Messrs. Gibbons and Walker of Lowndes:
A resolution authorizing the conveyance of certain State property located in Lowndes County; and for other purposes.

HB 980. By Mr. McClelland of Fulton:
A bill to amend an act relating to the authority of administrators to provide for the estate competent legal counsel; and for other purposes.
The following bills and resolutions were introduced, read the first time and referred to Committees:

SB 354. By Senator Carter of the 14th: A bill relating to motor vehicle licenses, so as to provide that non resident vehicles may haul seasonal agricultural products grown in this State upon the payment of a fee on a prorated daily basis.
Referred to Committee on Highways.
SB 355. By Senator Pennington of the 45th: A bill to provide for the giving of notice to abutting property owners when the property line is in doubt before timber is removed from the owner's land; to provide the procedure for giving notice; to repeal conflicting laws; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

SB 356. By Senators Maclntyre of the 40th, Brewer of the 39th, Salome of the 36th, Coggin of the 35th, Wesberry of the 37th, and Johnson of the 38th:
A bill establishing a new charter for the City of East Point in the County of Fulton; and for other purposes.
Referred to Committee on County and Municipal Governments.

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SB 357. By Senator Wesberry of the 37th:
A bill providing the procedure for statements of fiscal explanation to accompany legislation expending or decreasing the expenditure of any state funds; to repeal conflicting laws; and for other purposes.
Referred to Committee on Appropriations.

SB 358. By Senator Yancey of the 33rd:
A bill relating to innkeepers receiving guests, or refuse to receive as guests, any person, according to said innkeeper's sole discretion; to repeal conflicting laws; and for other purposes.
Referred to Committee on Rules.

SR 210. By Senator Wesberry of the 37th:
A resolution proposing an amendment to the Senate Rules; and for other purposes.
Referred to Committee on Rules.

HB 919. By Messrs. Cullens of Bartow, Brooks of Fulton and others:
A bill to amend an act relating to the limitation of actions for injuries to the persons, so as to provide that actions for injuries to the person involving loss of consortium shall be brought within four years; and for other purposes.
Referred to Committee on Judiciary.

HB 980. By Mr. McClelland of Fulton:
A bill to amend an act relating to the authority of administrators to provide for the estate competent legal counsel; and for other purposes.
Referred to Committee on Judiciary.

HB 1037. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A bill providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1056. By Mr. Brooks of Fulton:
A bill to amend an act so as to make provision for the coverage of certain members of the Superior Court Judges Retirement Fund who are not covered thereunder to the extent that coverage may still be permitted them under Federal Law; and for other purposes.
Referred to Committee on Judiciary.

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697

HB 1067. By Messrs. Smith of Grady, Bolton of Spalding and others:
A bill to amend Code Section 32-503, relating to the bond and oath of the State Superintendent of Schools; and for other purposes.
Referred to Committee on Educational Matters.

HB 1080. By Messrs. Bolton and Melton of Spalding and others:
A bill to amend an act creating a new judicial circuit to be called the Griffin Circuit; and for other purposes.
Referred to Committee on Rules.

HB 1086. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill relative to the abolition of justice courts in any county of this State having within its borders a city having a population of over 20,000, so as to abolish said justice courts and the offices of justices of the peace and notaries public ex-officio justices of the peace within the County of Dougherty; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1087. By Messrs. Busbee, Lee and Odom of Dougherty:
A bill to amend an act establishing the city court of Albany, so as to redefine its jurisdiction and the practice and procedure to be employed therein; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1096. By Mr. Rhodes of Baker:
A bill to amend an act providing for a supplement to the salary of sheriffs in counties having a population of not less than 4,450 nor more than 4,550; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1102. By Messrs. McClelland and Brooks 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 Educa tion, so as to provide that a teacher or employee may designate certain dependents as beneficiaries; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1114. By Messrs. McClelland and Brooks of Fulton:
A bill to amend an act establishing rules and regulations governing the payment of pensions to Fulton County employees, so as to provide

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increased pensions for certain officers and employees; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1116. By Mr. Plournoy of Cobb:
A bill to amend an act creating a new charter for the City of Smyrna, so as to fix the compensation of the mayor and council; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1156. By Messrs. Pope and Coker of Cherokee:
A bill to amend an act creating a new charter for the City of Woodstock, so as to extend the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1158. By Mr. Wells of Peach:
A bill to amend an act incorporating the offices of tax receiver and tax collector of Peach County into one office of tax commissioner, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1159. By Mr. Wells of Peach:
A bill to create a Board of Commissioners of Roads and Revenues for Peach County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1161. By Mr. Lindsey of Wilkes:
A bill to amend an act creating the office of tax commissioner of Wilkes County, so as to provide that the tax commissioner shall turn over to the county fiscal authority by the close of the last day of each month monies collected by him for such month; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1162. By Mr. Lindsey of Wilkes:
A bill to amend an act placing the sheriff, the ordinary and the clerk of the Superior Court of Wilkes County on an annual salary in lieu of a fee system, so as to provide that the aforesaid officials shall turn over to the county fiscal authority by the close of the last day of each month monies collected by them for such month; and for other purposes.
Referred to Committee on County and Municipal Governments.

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699

HB 1163. By Mr. Singer of Stewart:
A bill to create a Small Claims Court in Stewart County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1165. By Messrs. Lowrey and Jordan of Floyd:
A bill to require county boards of education in certain counties to conduct an annual audit of the books and records of such boards of education; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1166. By Messrs. Groover, House and Laite of Bibb:
A bill to amend an act re-enacting the charter of the City of Macon, so as to authorize, approve, ratify and confirm a contract between the City of Macon, Southern Railway Company, Central of Georgia Railway Company and Georgia, Southern and Florida Railway Company; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1167. By Messrs. Groover, House and Laite of Bibb:
A bill to amend an act establishing a County Board of Commissioners for the County of Bibb, so as to authorize, approve, ratify and confirm a certain contract between the County of Bibb and Southern Railway Company, Central of Georgia Railway Company and Georgia, Southern and Florida Railway Company; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1168. By Mr. Bowen of Toombs:
A bill to amend an act creating a new charter for the City of Vidalia, relating to opening of polls; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1169. By Messrs. Flournoy, Teague and Wilson of Cobb:
A bill to amend an act creating a new charter for the City of Kennesaw, so as to change the day of the annual elections for the City of Ken nesaw; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1170. By Messrs. Matthews and Bedgood of Clarke:
A bill to amend an act abolishing the justice courts, the offices of the justices of the peace and the office of constables of Clarke County,

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so as to increase the civil jurisdiction of the Magistrate's Court of Clarke County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1151. By Mr. Fowler of Douglas:
A bill to abolish the present mode of compensating the clerk of the superior court, the sheriff, the ordinary and tax commissioner of Douglas County, known as the fee system; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1152. By Mr. Steis of Harris:
A bill to provide a new charter for the City of Hamilton; to provide that said city shall be responsible for all debts and contracts of the former City of Hamilton; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1153. By Mr. Steis of Harris:
A bill to place the coroner of Harris County on a monthly salary; to provide for the disposition of fees and commissions formerly allowed the coroner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1154. By Messrs. Killian and Isenberg of Glynn:
A bill to amend the charter of the City of Brunswick, so as to include therein certain territory in the County of Glynn contiguous to and north, northwest and west thereof; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1155. By Messrs. Keyton and Russell of Thomas:
A bill to change the compensation of sheriff of Thomas County from the fee basis to a salary; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1173. By Messrs. Bell, Hull and Fleming of Richmond:
A bill to amend the charter of the City of Augusta incorporated as the City Council of Augusta, relating to polling places; and for other purposes.
Referred to Committee on County and Municipal Governments.

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701

HB 1174. By Mr. Rowland of Johnson:
A bill to amend an act establishing the City Court of Wrightsville, so as to increase the compensation of the judge; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1175. By Messrs. Abney and Snow of Walker:
A bill to authorize the governing authority of Walker County to estab lish fire prevention districts in Walker County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1177. By Mr. Steis of Harris:
A bill to authorize and empower the board of Commissioners of Roads and Revenues for Harris County to establish rules and regulations governing the payment of pensions of county officials and employees of said county; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1182. By Mr. Roper of Greene:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues in and for Greene County, so as to provide for five commissioners, and for other commissioners; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1184. By Messrs. Bell, Fleming and Hull of Richmond:
A bill to amend the charter of the City of Augusta so as to authorize the city council to require owners of property to install connection with municipal water systems and to assess charges therefor against said property owners; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1185. By Mr. Anderson of Pulaski:
A bill to amend an act to create a new charter for the City of Hawkinsville, relating to voting in certain elections; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1186. By Messrs. Alien and Branch of Tift:
A bill creating a small claims court in counties having a certain population; and for other purposes.
Referred to Committee on County and Municipal Governments.

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JOURNAL OF THE SENATE,

HR 416. By Messrs. Overby and Williams of Hall:
A resolution proposing an amendment to the Constitution so as to create the Gainesville and Hall County Development Authority; and for other purposes.
Referred to Committee on Rules.

HR 419. By Messrs. Gibbons and Walker of Lowndes:
A resolution authorizing the conveyance of certain State property located in Lowndes County; and for other purposes.
Referred to Committee on Rules.

HR 422. By Messrs. Johnson of Elbert and Brooks of Oglethorpe:
A resolution to officially designate State Route No. 77 from Elberton, Georgia, to Lexington, Georgia as the "Old Post Road"; and for other purposes.
Referred to Committee on Highways.

HR 451. By Messrs. Brooks and Etheridge of Fulton:
A resolution proposing an amendment to the Constitution so as to authorize Fulton County to cooperate in the construction of a stadium and related facilities within the corporate limits of the City of Atlanta and to enter into contracts in connection therewith; and for other purposes.
Referred to Committee on Rules.

HR 454. By Messrs. Pope and Coker of Cherokee, Meeks of Union and others:
A resolution urging the construction of a 4-lane highway north of Atlanta, extending into Cherokee County; and the extension of the Blue Ridge Parkway; and for other purposes.
Referred to Committee on Highways.

HR 456. By Mr. Babgy of Paulding:
A resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Paulding County by the people; and for other purposes.
Referred to Committee on Rules.

HR 458. By Messrs. Caldwell and Echols of Upson:
A resolution proposing an amendment to the Constitution so as to create a body corporate and politic and an instrumentality of the State

SATURDAY, FEBRUARY 15, 1964

703

to be known as the Thomaston-Upson County Industrial Development

|

Authority; and for other purposes.



Referred to Committee on Rules.

HR 460. By Mr. Rowland of Johnson:
A resolution proposing an amendment to the Constitution so as to authorize the governing body of Johnson County to levy an annual ad valorem tax to be used in assisting, promoting and establishing new industries and the expansion of agriculture, trade and commerce therein and in furtherance of such to create the County Development
Authority; and for other purposes.

Referred to Committee on Rules.
HR 462. By Messrs. Williams and Overby of Hall: A resolution proposing an amendment to the Constitution so as to provide for staggered terms for the members of the Board of Education of Hall County; and for other purposes.
Referred to Committee on Rules.

HR 465. By Mr. Floyd of Chattooga:
A resolution proposing an amendment to the Constitution so as to authorize the County Board of Education of Chattooga County to borrow funds and pledge certain building funds to the payment thereof; and for other purposes.
Referred to Committee on Rules.

HR 467. By Messrs. Killian and Isenberg of Glynn:
A resolution proposing an amendment to the Constitution so as to authorize the governing body of the City of Brunswick to levy an annual ad valorem tax upon the taxable property described as "down town Brunswick" to be used in assisting and promoting the economic improvement and development of said central business district; and for other purposes.
Referred to Committee on Rules.

HR 468. By Mr. Andrews of Stephens:
A resolution proposing an amendment to the Constitution so as to create the Toccoa-Stephens County Building and Parks Authority; and for other purposes.
Referred to Committee on Rules.

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JOURNAL OF THE SENATE,

HR 469. By Mr. Andrews of Stephens:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the assessment of property in Stephens County and the City of Toccoa for tax purposes by a joint board of assessors and to create and to provide for an agency to review and revise such assessments; and for other purposes.
Referred to Committee on Rules.

HR 470. By Messrs. Killian and Isenberg:
A resolution proposing an amendment to the Constitution so as to authorize the City of Brunswick to levy for a maximum period of ten years a less and varying property tax than that applicable to its present territorial limits; and for other purposes.
Referred to Committee on Rules.

HR 471. By Messrs. Bowen of Toombs and Underwood of Montgomery: A resolution proposing an amendment to the Constitution so as to authorize the Vidalia Development Authority to extend its activities into Montgomery County and to grant certain tax exemptions to tenants and lessees of the Authority; and for other purposes.
Referred to Committee on Rules.
HR 472. By Messrs. Flournoy, Teague and Wilson of Cobb: A resolution proposing an amendment to the Constitution so as to authorize Cobb County to acquire, construct, equip, maintain and operate incinerators, garbage and refuse facilities; and for other purposes.
Referred to Committee on Rules.
HR 473. By Messrs. Mackay and Harris of DeKalb: A resolution proposing an amendment to the Constitution, so as to provide for contracts for the use of public facilities; and for other purposes.
Referred to Committee on Rules.

HR 474. By Messrs. Abney and Snow of Walker:
A resolution proposing an amendment to the Constitution to authorize the General Assembly to provide for fire prevention districts in Walker; and for other purposes.
Referred to Committee on Rules.

SATURDAY, FEBRUARY 15, 1964

705

HR 475. By Mr. Roper of Greene:
A resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Greene County; and for other purposes.
Referred to Committee on Rules.

HR 509. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A resolution requesting the governing authorities of Fulton County, DeKalb County and the City of Atlanta, to provide additional voting precincts, voting machines and other facilities so as to improve the methods and procedures of conducting elections in the interest of the people; and for other purposes.
Referred to Committee on County and Municipal Governments.

The following bills and resolutions were read the second time:

SB 346. By Senator Pennington of the 45th:
A bill to amend an act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to change the criteria for allowing ex emptions on the sales of certain agricultural machinery; to repeal con flicting laws; and for other purposes.

SB 347. By Senator Rowan of the 8th:
A bill to provide that any insurer must, upon request and the receipt from the insured of a release from any libelous liability, furnish to said insured a full and complete statement as to why said insurer has cancelled the insured's policy; to repeal conflicting laws; and for other purposes.

SB 348. By Senators Maclntyre of the 40th, Coggin of the 35th, Brown of the 34th, Salome of the 36th, and Wesberry of the 37th:
A bill creating a new charter for the City of East Point in the County of Fulton, so as to provide for a secretary for the mayor; to prescribe the procedure connected with her employment; to repeal conflicting laws; and for other purposes.

SB 349. By Senator Rowan of the 8th:
A bill creating a Teachers' Retirement Fund, so as to define what salary deductions for contributions into the Fund shall be made; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE,

SB 350. By Senators Salome of the 36th, Coggin of the 35th, and Wesberry of the 37th:
A bill providing for the retirement of Judges of the Civil Court of Fulton County so as to allow additional time for payments into said retirement fund by such persons who qualify for participation; to repeal conflicting laws; and for other purposes.

SB 351. By Senators Wesberry of the 37th, Salome of the 36th, Coggin of the 35th, Maclntyre of the 40th, Brown of the 34th, and Johnson of the 38th:
A bill to provide for the use of voting recorders and tabulating ma chines for recording and computing votes at all elections in certain counties; and for other purposes.
SB 352. By Senator Harrison of the 48th:
A bill incorporating the City of Commerce in the City of Commerce in the County of Jackson so as to add two new members to the Board of Eduction of said City for a specified length of time; to provide a "Education Study Commission" for said City; and for other purposes.

SB 353. By Senator Gillis of the 20th:
A bill creating the Claims Advisory Board so as to prohibit any member of the Claims Advisory Board, any member of the General Assembly, or any other State Official from collecting a fee, receiving a gift, or receiving remuneration of any kind as a result of payment of a claim by the State; and for other purposes.

HB 155. By Msssrs. Pope and Coker of Cherokee:
k
A bill to authorize the various departments and agencies of the State to deduct from the salaries and wages of State employees, amounts for the payment of deposits and payments of indebtedness to credit unions; and for other purposes.

HB 704. By Messrs. Brooks and Etheridge of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta, providing for the disposal of surplus water works property; and for other purposes.

HB 722. By Messrs. Etheridge, Brooks and McClelland of Fulton:
A bill to abolish the office of coroner of Fulton County; to create the office of Medical Examiner of Fulton County; and for other purposes.

SATURDAY, FEBRUARY 15, 1964

707

HB 867. By Mr. Mackay of DeKalb:
A bill to amend an act relating to applications by guardians to sell, lease, exchange land, encumber the estates of their wards and the procedures connected therewith, so as to establish the procedure to be followed in such applications and provide for service thereof; and for other purposes.

HB 885. By Mr. McCracken of Jefferson:
A bill to provide for additional avenues for persons desiring to take the State Bar Examination of Georgia; and for other purposes.

HB 936. By Messrs. Conner of Jeff Davis and Johnson of Elbert:
A bill to amend an act defining "reciprocal" insurance, so as to provide that reciprocal agreements or contracts of indemnity executed prior to March 8, 1960 creating funds for the purpose of satisfying the obligations of self-insured employees under the Workmen's Compen sation Act of Georgia ; and for other purposes.

HB 951. By Mr. Johnson of Elbert:
A bill to amend an act providing compensation for the judge of the Superior Court of the Northern Judicial Circuit, so as to provide that Elbert County shall pay a supplemental salary to the judge of the Superior Court of the Northern Circuit; and for other purposes.

HB 997. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A bill to provide that in counties having a population of 500,000 or more, the judges of the superior court shall be authorized and em powered to appoint a jury clerk to serve at the pleasure of said judges; and for other purposes.

HB 998. By Mr. Poss of Madison:
A bill to provide that it will be unlawful for the owner or person in possession of land in certain counties to have or maintain an abandoned open well or hole; and for other purposes.

HB 1003. By Mr. Jones of Muscogee:
A bill to amend an act providing for the method of serving non resident motorists involved in any accident in the State, so as to provide that this statute shall apply to causes of action arising out of accidents occurring anywhere within the territorial limits of Georgia; and for other purposes.

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JOURNAL OF THE SENATE,

HB 1005. By Mr. Fowler of Douglas:
A bill authorizing area, county and independent boards of education to adopt policies relating to the use of corporal punishment; and for other purposes.

HB 1012. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend title 92, div. I, Part IX, Chap. 92-33B, Subsection (a) of Section 92-3305b of the 1933 Code of Ga. so as to extend the time for reporting and paying the amount of tax withheld from employees' wages; and for other purposes.

HB 1013. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb and others:
A bill to amend Title 92, Div. I, Part IX, Chapter 92-32 of the 1933 Code of Ga. so as to provide a new schedule of penalties for failure to file a timely return, and for filing of a false or fraudulent return; and for other purposes.

HB 1031. By Mr. McClelland of Fulton:
A bill establishing a new charter for the City of East Point in the County of Fulton; and for other purposes.

HB 1032. By Mr. McClelland of Fulton:
A bill to amend an act establishing a new charter for the City of East Point in the County of Fulton; and for other purposes.

HB 1033. By Mr. McClelland of Fulton:
A bill establishing a new charter for the City of East Point in the County of Fulton; and for other purposes.

HB 1051. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill to amend an act to establish the criminal court of Atlanta, so as to increase and fix the annual salary of the first assistant solicitorgeneral and each of the four assistant solicitors-general of the Criminal Court of Fulton County; and for other purposes.

HB 984. By Messrs. Newton and Milhollin of Coffee:
A bill to define the terms "agricultural products", "agricultural com modities", and others, as used in the laws of this State except as other wise specifically defined by law; and for other purposes.

SATURDAY, FEBRUARY 15, 1964

709

HB 1030. By Mr. Branch of Tift:
A bill to create within the Executive Branch of the State Government a commission to be known as the State Properties Commission; and for other purposes.

HB 1062. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and others:
A bill to place certain sheriffs on an annual salary; and for other purposes.

HB 1046. By Messrs. Deen of Bacon, Melton of Spalding and Conner of Jeff Davis:
A bill to amend an act relating to the definition of the term "employ er" and "employee" for purposes of Workmen's Compensation, so as to authorize boards of education in counties having a population of 300,000 or less to provide Workmen's Compensation coverage for its employees; and for other purposes.

HB 1063. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, and Andrews of Stephens:
A bill to amend an act known as the "University System Building Au thority Act", so as to remove the prohibition relative to the issuance of bonds based on the percentage of income available to the Board of Regents; and for other purposes.

HB 1064. By Mr. Isenberg of Glynn:
A bill to amend an act known as the "Motor Fuel Tax Law", as amend ed, so as to authorize a refund of all State taxes, except Itf per gallon on all gas for watercraft which contains fuel storage capacities in ex cess of 50 gallons when such gas is purchased at any facility located upon any part of what is commonly known as the intercoastal water way; and for other purposes.

HB 1065. By Messrs. Harrington and Chandler of Baldwin:
A bill to amend code section 32-111 so as to change the sums, expenses and costs received by the members of the Board of Regents of the University System of Georgia while attending meetings and on tours of inspection; and for other purposes.

HB 1073. By Messrs. Mitchell and Smith of Whitfield:
A bill to authorize any counties in this State having a population of not less than 42,000 and not more than 43,000 to establish and maintain

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JOURNAL OF THE SENATE,

a law library for the use of the judges, solicitors, ordinary and other officers of the courts of said counties and members of the General Assembly; and for other purposes.

HB 1078. By Mr. Bagby of Paulding:
A bill to confer upon Paulding County the right to condemn private property and all rights therein for the purpose of small watershed projects and for watershed protection and flood control; and for other purposes.

HB 1083. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act creating emeritus of offices for certain State officials, so as to provide that any person becoming such a State of ficial after April 1, 1964, shall be a member of the Employees' Retire ment System and shall not be eligible to be appointed to any emeritus position under said act; and for other purposes.

HB 1084. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, and Andrews of Stephens:
A bill to amend an Act creating the position of judge emeritus for judges of the Court of Appeals, so as to provide that any person becoming a judge of the Court of Appeals after April 1, 1964, shall be a member of the Employees' Retirement System and shall not be eligible to be ap pointed as judge emeritus; and for other purposes.

HB 1085. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act creating the positions of chief justice emeritus, so as to provide that any person becoming a justice of the Supreme Court after April 1, 1964, shall be a member of the Employees' Retire ment System and shall not be eligible to be appointed as justice emeritus; and for other purposes.

HB 1088. By Messrs. Morgan and Story of Gwinnett:
A bill to amend an act providing a procedure for the control of the fiscal affairs of certain counties of this State having a certain popula tion, so as to change the population figures therein; and for other purposes.

HB 1092. By Mr. Causby of Gordon:
A bill to abolish the present mode of compensating the tax commissioner of Gordon County, known as the fee system; and for other purposes.

SATURDAY, FEBRUARY 15, 1964

711

HB 1093. By Messrs. Keyton and Russell of Thomas:
A bill to amend an act to create a new charter for the Town of Meigs, relating to certain alleys; and for other purposes.

HB 1094. By Messrs. Overby and Williams of Hall:
A bill to amend an act providing for a county tax for roads in counties having a certain population; and for other purposes.

HB 995. By Messrs. Brantley of Candler and Nessmith of Bulloch:
A bill to prohibit the use of force, intimidation, violence, or threats thereof to restrict or otherwise interfere with the right of any person to peacefully conduct his business; to make unlawful certain acts of picket ing; and for other purposes.

HB 1095. By Messrs. Matthews and Bedgood of Clarke:
A bill to amend an act relating to the charter of the Town of Athens and the salary of the recorder; and for other purposes.

HB 1097. By Messrs. Alien and Branch of Tift:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Tift County, so as to provide for a bid system for purchases and contracts by the county; and for other purposes.

HB 1098. By Messrs. Alien and Branch of Tift:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Tift County; and for other purposes.

HB 1099. By Mr. Been of Bacon:
A bill to authorize and empower the City of Alma to abandon any and all rights in and to close permanently for use as an alley a ten foot wide strip measured from north to south; and for other purposes.

HB 1101. By Mr. Jones of Liberty:
A bill to amend an act establishing the City Court of Hinesville, so as to change the qualifications for the solicitor of said court; and for other purposes.

HB 1103. By Mr. Newton of Jenkins: A bill to amend an act establishing a Board of Commissioners of Roads

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JOURNAL OF THE SENATE,

and Revenues for the County of Jenkins, so as to change the terms of office of the commissioners; and for other purposes.

HB 1105. By Messrs. Abney and Snow of Walker:
A bill to amend an act codifying and consolidating the acts incorporat ing the City of LaPayette, so as to provide for a tax assessor; and for other purposes.

HB 1106. By Mr. Davis of Heard:
A bill to incorporate the City of Ephesus in the County of Heard; to provide for the corporate limits; and for other purposes.

HB 1107. By Mr. Underwood of Montgomery:
A bill to amend an act providing for the rehabilitation of prisoners, so as to allow the cooperation of the division of Vocational Education and Vocational Rehabilitation of the State Board of Education in the rehabilitation of state prisoners; and for other purposes.

HB 1110. By Messrs. Lowrey and Jordan of Floyd:
A bill to amend an act placing certain officers of Floyd County on a salary basis, so as to authorize the Sheriff of Floyd County to employ one additional deputy sheriff; and for other purposes.

HB 1112. By Messrs. Smith and Mitchell of Whitfield:
A bill to amend an act consolidating the offices of tax receiver and tax collector of Whitfield County into the office of tax commissioners, so as to provide for the disposition of the commissions allowed by an act approved January 17, 1938; and for other purposes.

HB 1113. By Messrs. Lowrey and Jordan of Floyd:
A bill to require hospital authorities in counties having a certain popu lation to conduct a continuing and annual audit of the books and rec ords of such hospital authorities; and for other purposes.

HB 1115. By Messrs. Flournoy, Wilson and Teague of Cobb:
A bill to authorize counties having a certain population to require that any political party holding a primary for the nomination of a candidate for a state or county office shall require that the nominee receive a majority of the votes of those persons voting thereon; and for other purposes.

SATURDAY, FEBRUARY 15, 1964

713

HB 1117. By Messrs. Flournoy, Wilson and Teague of Cobb:
A bill to amend an act creating a zoning and planning system for unincorporated areas of Cobb County, so as to change the method of advertisement of plans and resolutions for zoning and planning in the affected areas of Cobb County; and for other purposes.

HB 1118. By Messrs. Flournoy, Wilson and Teague of Cobb:
A bill to require that any political party holding a primary for the nomination of a candidate for a State or county office in Cobb County shall require that the nominee receive a majority of the votes of those persons voting thereon; and for other purposes.

HB 1121. By Messrs. Jordan and Lowrey of Floyd:
A bill to amend the act entitled "City Court of Floyd County"; to increase the salary of the judge of the City Court of Floyd County; and for other purposes.

HB 1123. By Messrs. House of Bibb, Fulford of Terrell and Overby of Hall:
A bill to amend the "Georgia Military Forces Reorganization Act of 1955," so as to clarify certain allowances for members of the militia ordered into active service in the State; and for other purposes.

HB 1124. By Messrs. Brooks of Oglethorpe, Poss of Madison, Milford of Franklin, Brown of Hart and Johnson of Elbert:
A bill to authorize the Superior Court Judge or judges in any county in Georgia having a population of not less than 65,500 and not more than 65,600 to establish and maintain a law library for the use of the judges, solicitors and other court officials of any such county; and for other purposes.

HB 1125. By Mr. Brooks of Oglethorpe:
A bill to amend an act establishing the City Court of Lexington in and for the County of Oglethorpe, so as to authorize the clerk of the court to request any judge of any superior or city court to act as judge of the City Court of Lexington; and for other purposes.

HB 1126. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act providing for the time for making tax returns so as to provide that counties having a population of 250,000 and not more than 500,000 the time for closing books for the return of taxes shall be on the 31st day of January of each year; and for other purposes.

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.OURNAL OP THE SENATE,

HB 1127. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act describing the duty of the Board of Tax As sessors in counties having a population of 250,000 and not more than 500,000; and for other purposes.

HB 1128. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act providing for the payment of taxes to the county in which returns are made so as to provide that in counties having a population of 250,000 and not more than 500,000, taxes shall become due in two equal installments; and for other purposes.

HB 1129. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act providing for the application of homestead exemptions so as to provide that in counties having a population of 250,000 and not more than 500,000, the time for making application for homestead exemptions shall be on or before January 31st of the year in which exemption from taxation is sought; and for other purposes.

HB 1130. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an Act relating to revisions and completion of tax assessments so as to provide that in counties having a population of 250,000 and not more than 500,000, the County Board of Tax Assessors shall complete the revision and assessment of returns of taxpayers by March 15; and for other purposes.

HB 1131. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act abolishing the office of county treasurer of the County of DeKalb; so as to provide that the depository shall maintain an office and place of doing business in DeKalb County; and for other purposes.

HB 1132. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act establishing the charter for the City of Pine Lake, so as to authorize the governing authority to provide a pension for certain police officers; and for other purposes.

HB 1133. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act establishing the Juvenile Courts in counties having a population of not less than 250,000 and not more than 350,000, so as to provide that a Juvenile Court Judge in such counties shall devote his full time to the duties of said court; and for other purposes.

SATURDAY, FEBRUARY 15, 1964

715

HB 1134. By Messrs. Moore and Dean of Polk:
A bill to amend an act establishing the City Court of Polk County, so as to change the salary of the solicitor of the city court, and to change the salary of the judge of the city court; and for other pur poses.

HB 1135. By Messrs. Moore and Dean of Polk:
A bill to amend an act placing the coroner of Polk County on a salary basis, so as to change the salary of the coroner; and for other purposes.

HB 1136. By Messrs. Overby and Williams of Hall:
A bill to amend the charter of the City of Gainesville by providing that all municipal elections and referendums shall be held and conducted between the hours of 7:00 a.m. and 7:00 p.m.; and for other purposes.
HB 1139. By Messrs. House, Groover and Laite of Bibb:
A bill to amend an act relating to election precincts; to provide that in counties having a certain population, the ordinaries may establish as many election precincts as may be necessary and convenient for the holding of elections; and for other purposes.

HB 1144. By Mr. Black of Webster:
A bill to increase the compensation of the tax commissioner of counties having a certain population; and for other purposes.

HB 1145. By Mr. Steis of Harris: A bill to amend an act incorporating the Town of Chipley; so as to extend the corporate limits of the Town of Pine Mountain; and for other purposes.
HR 406. By Mr. Teague of Cobb: A resolution proposing an amendment to the Constitution so as to provide for increased homestead exemption for certain persons sixtyfive years of age or over; and for other purposes.

HB 1147. By Messrs. Etheridge and McClelland of Fulton:
A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to authorize counties where the sale of alcoholic beverages is authorized by law and which

716

JOURNAL OP THE SENATE,

counties have a certain population, to issue license for the sale of alco holic beverages containing less than 4 ozs.; and for other purposes.

Mr. Carter of the 14th District, Secretary of the Committee on Educational Matters, submitted the following report:

Mr. President:

Your Committee on Educational Matters had 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 844. Do pass. HB 845. Do pass. HB 786. Do pass.
Respectfully submitted, Carter of 14th District, Secretary.

Senator Pelham of the 10th, Chairman of the Committee on Senate Adminis trative Affairs, submitted the following reoprt:

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 314.
SB 315. SB 316. SB 317. SB 318.
SB 322. SB 323. SB 324. SB 325.

SB 329. SB 334. SB 337. SB 339.

SATURDAY, FEBRUARY IB, 1964

717

Respectfully submitted, Pelham of the 10th District, Chairman.

Senator Yancey of the 33rd moved that the Senate do now adjourn until Mon day morning, and the motion prevailed.

Senator Maclntyre announced the Senate adjourned until 10:00 o'clock Mon day morning.

718

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Senate Chamber, Atlanta, Georgia, Monday, Feoruary 17, 1964.

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 J. E. Wix, pastor, Mount Pisgah Baptist Church, Austell, Georgia.

Prayer was offered by Reverend N. M. Lovein, Chaplain of the Medical Center, 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 examined and found correct.

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

Senator Carlton of the 21st 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:

MONDAY, FEBRUARY 17, 1964

719

HB 1210. By Messrs. Snow and Abney of Walker:
A bill to create the Walker County Development Authority; and for other purposes.

HR 481. By Messrs. McClelland, Etheridge and Brooks 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.

HB 1216. By Messrs. Storey and Morgan of Gwinnett:
A bill to amend an act establishing the charter of the Town of Snellville, so as to enlarge the corporate limits of the town of Snellville; and for other purposes.

HB 1209. By Mr. Smith of Camden:
A bill to amend Section 4 of an Act creating a new charter for the City of St. Marys, so as to provide for the election of a Mayor for a term of two years in lieu of one year; and for other puropses.

HB 1211. By Messrs. Groover, House and Laite of Bibb:
A bill to amend an act entitled "Macon Water Commissioners' Em ployees' Retirement Pay", to provide for increased contributions by members of such pension plan; and for other purposes.

HB 1205. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act providing a salary for the official court reporter for the Stone Mountain Judicial Circuit; and for other purposes.

HB 1204. By Mr. Bagby of Paulding:
A bill to provide for the compensation of the Commissioner of Roads and Revenues in counties of certain population; and for other purposes.

HB 1203. By Mr. Bagby of Paulding.
A bill to place the clerk of the Superior Court, the sheriff and the ordinary in counties of a certain population, on a salary basis in lieu of a fee basis; and for other purposes.

HB 1202. By Mr. Bagby of Paulding:
A bill to provide the compensation for the tax commissioner; and for other purposes.

720

JOURNAL OF THE SENATE,

HB 1200. By Messrs. Groover, House and Laite of Bibb:
A bill to amend an act relating to the Municipal Court of the City of Macon so as to create in lieu thereof a Civil Court of Bibb County; and for other purposes.

HB 1198. By Mr. Herndon of Appling:
A bill to abolish the present mode of compensating certain offices of Appling County; and for other purposes.

HB 1197. By Mr. Carr of Washington:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Washington, so as to change the pro visions relating to compensation of Commissioners of Roads and Rev enues; and for other purposes.

HB 1199. By Messrs. Groover, House and Laite of Bibb:
A bill to amend an act relating to the Municipal Court of the City of Macon so as to create in lieu thereof a Civil Court of Bibb County, to provide for automatic dismissal of inactive actions; and for other purposes.

HB 1196. By Mr. Stuckey of Dodge:
A bill to amend, revise and supersede the act incorporating the Town of Empire, to create a new charter; and for other purposes.

HB 1195. By Messrs. House, Groover and Laite of Bibb and Roberts of Jones:
A bill to amend an act reenacting the charter of the City of Macon, relating to registration of voters; and for other purposes.

HB 1193. By Mr. Leonard of Murray:
A bill to amend an act creating a one-member Board of Commissioners of Roads and Revenues of Murray County, so as to change the com pensation of the Commissioner; and for other purposes.

HB 1191. By Mr. Bowen of Dawson:
A bill to amend an act incorporating the City of Dawsonville, so as to provide for the election of the Mayor and four Councilmen; and for other purposes.

MONDAY, FEBRUARY 17, 1964

721

HB 1190. By Mr. Wells of Peach:
A bill to amend an act amending, revising and consolidating the cor porate authority to Port Valley, so as to change the provisions of the charter relating to the hours of holding municipal elections; and for other purposes.

HB 1189. By Messrs. Moore and Dean of Polk:
A bill to amend an act placing the officers of Polk County on a salary basis, so as to change the salary of the Ordinary; and for other pur poses.

HB 1188. By Mr. Steis of Harris:
A bill to amend an act fixing the compensation of the members of the Board of Commissioners of Roads and Revenues of Harris County; and for other purposes.

HB 1122. By Messrs. McClelland and Brooks of Fulton:
A bill to amend the act providing that cities of a certain population shall furnish pensions to officers and employees of such cities; and for other purposes.

HB 989. By Messrs. Caldwell of Upson, Shea of Chatham, Rowland of Johnson, and others:
A bill to amend an act providing retirement benefits for the Clerks of the Superior Courts of Georgia, so as to increase the contributions re quired of Clerks to be paid into the retirement fund; and for other purposes.

HB 1100. By Mr. Bowen of Randolph:
A bill to amend an act relating to the writ of quo warranto; and for other purposes.

HB 916. By Mr. Groover of Bibb:
A bill to amend an act known as the "Old Age Assistance Act" so as to allow applicants or recipients for Old Age Assistance to have life insurance not to exceed the face value of one thousand dollars; and for other purposes.

HB 991. By Messrs. Caldwell and Echols of Upson, Shea of Chatham, and others:
A bill to amend an act providing for retirement benefits for the Clerks of the Superior Courts, so as to change the membership of the Board

722

JOURNAL OF THE SENATE,

of Commissioners of the Superior Courts Clerks' retirement fund; and for other purposes.

HB 1081. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, and Andrews of Stephens:
A bill to amend an act known as the General Appropriations Act, so as to provide that the Board of Education, may use a certain amount of educational funds for the purpose of establishing a program for mental ly retarded, educahle, blind children; and for other purposes.

HR 397. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, and Andrews of Stephens:
A resolution creating a committee for the purpose of studying industrial safety; and for other purposes.

HB 969. By Messrs. Lowrey of Floyd, Steis of Harris, Lewis of Wilkinson and many others:
A bill amending the act creating a Department of Public Safety, so as to change the compensation of the Director of Public Safety; and for other purposes.

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

SB 359. By Senators Fuqua of the 22nd and Scott of the 23rd:
A bill to amend an Act entitled "An Act to regulate public instruction in the County of Richmond," so as to change the terms of office of the President and Vice-President; and for other purposes.
Referred to Committee on County and Municipal Governments.

SB 360. By Senator Knox of the 24th:
A bill governing and regulating the use of the public roads and high ways of this State, so as to provide for special blanket permits; to al low certain vehicles to exceed the width limitations; to repeal conflicting laws; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

SR 211. By Senator Pennington of the 45th:
A resolution relative to the Agriculture and Natural Resources Com mittee; and for other purposes.
Referred to Committee on Rules.

MONDAY, FEBRUARY 17, 1964

723

HB 1122. By Messrs. McClelland and Brooks of Fulton:
A bill to amend the act providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1188. By Mr. Steis of Harris:
A bill to amend an act fixing the compensation of the members of the Board of Commissioners of Roads and Revenues of Harris County, so as to change the compensation of the members; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1189. By Messrs. Moore and Dean of Polk:
A bill to amend an act placing certain officers of Polk County on a salary basis, so as to change the salary of the ordinary of Polk County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1190. By Mr. Wells of Peach:
A bill to amend an act amending, revising and consolidating the several acts granting corporate authority to Fort Valley, so as to change the provisions of the charter relating to the hours of holding municipal elections; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1191. By Mr. Bowen of Dawson:
A bill to amend an act incorporating the City of Dawsonville, so as to provide for the election of the mayor and four councilmen; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1193. By Mr. Leonard of Murray:
A bill to amend an act creating a one-member Board of Commissioners of Roads and Revenues of Murray County, so as to change the com pensation of the commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1195. By Messrs. House, Groover and Laite of Bibb and Roberts of Jones:
A bill to amend an act reenacting the charter of the City of Macon, relating to registration of voters; and for other purposes.
Referred to Committee on County and Municipal Governments.

724

JOURNAL OF THE SENATE,

HB 1196. By Mr. Stuckey of Dodge:
A bill to amend, revise and supersede the act incorporating the Town of Empire; to create a new charter to change the name from Town of Empire City to City of Empire; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1197. By Mr. Carr of Washington: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Washington, so as to change the pro visions relating to the compensation of the Commissioners of Roads and Revenues; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1198. By Mr. Herndon of Appling: A bill to abolish the present mode of compensating certain offices of Appling County, known as the fee system; to provide in lieu thereof annual salaries for such offices; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1199. By Messrs. Groover, House and Laite of Bibb:
A bill to amend an act relating to the Municipal Court of the City of Macon so as to create in lieu thereof a Civil Court of Bibb County; to provide for automatic dismissal of inactive actions; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1200. By Messrs. Groover, House and Laite of Bibb:
A bill to amend an act relating to the Municipal Court of the City of Macon so as to create in lieu thereof a Civil Court of Bibb County; to define its jurisdiction as to use of microfilm photographic equipment; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1202. By Mr. Bagby of Paulding:
A bill to provide the compensation for the tax commissioner in counties having a population of not less than 13,100 and not more than 13,150; and for other purposes.
Referred to Committee on County and Municipal Governments.

MONDAY, FEBRUARY 17, 1964

725

HB 1203. By Mr. Bagby of Paulding:
A resolution to place the clerk of the superior court, the sheriff and the ordinary in counties having a population of not less than 13,100 and not more than 13,150, on a salary basis in lieu of a fee basis; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1204. By Mr. Bagby of Paulding:
A bill to provide the compensation of the Commissioner of Roads and Revenues in counties having a population of not less than 13,100 and not more than 13,150; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1205. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act providing a salary for the official court reporter for the Stone Mountain Judicial Circuit; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1209. By Mr. Smith of Camden:
A bill to amend section 4 of an act creating a new charter for the City of St. Marys, County of Camden, so as to provide for the election of a Mayor for a term of two years in lieu of one year; and for other pur poses.
Referred to Committee on County and Municipal Governments.

HB 1210. By Messrs. Snow and Abney of Walker:
A bill to create the Walker County Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1211. By Messrs. Governor, House and Laite of Bibb: A bill to amend an act entitled "Macon Water Commissioners' Em ployees' Retirement Pay", to provide for increased contributions by mem bers of such pension plan; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1216. By Messrs. Storey and Morgan of Gwinnett: A bill to amend an act establishing the charter of the Town of Snellville,

726

JOURNAL OF THE SENATE,

so as to enlarge the corporate limits of the Town of Snellville; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 481. By Messrs. McClelland, Etheridge and Brooks of Pulton:
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.

HB 916. By Mr. Groover of Bibb:
A bill to amend an act known as the "Old Age Assistance Act", so as to allow applicants or recipients for Old Age Assistance to have life in surance not to exceed the face value of one thousand dollars; and for other purposes.
Referred to Committee on Rules:

HB 989. By Messrs. Caldwell of Upson, Shea of Chatham, Rowland of Johnson and others:
A bill to amend an act providing retirement benefits for the clerks of the superior courts of Georgia, so as to increase the contributions re quired of clerks of the superior courts to be paid into the retirement fund; and for other purposes.
Referred to Committee on Judiciary.

HB 991. By Messrs. Caldwell and Echols of Upson, Shea of Chatham, Rowland of Johnson, Laite of Bibb and others:
A bill to amend an act providing for retirement benefits for the clerks of the superior courts, so as to change the membership of the board of commissioners of the superior court clerks' retirement fund; and for other purposes.
Referred to Committee on Judiciary.

HB 1081. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, and Andrews of Stephens:
A bill to amend an act known as the General Appropriations Act, so as to provide that the Board of Education, with the approval of the Budget Bureau, may use a certain amount of educational funds for the purpose of establishing a program for mentally retarded, educable, blind children; and for other purposes.
Referred to Committee on Appropriations.

MONDAY, FEBRUARY 17, 1964

727

HB 1100. By Mr. Bowen of Randolph:
A bill to amend an act relating to the writ of quo warranto, so as to pro vide the method of service of process in any quo warranto proceeding; and for other purposes.
Referred to Committee on Judiciary.

HB 969. By Messrs. Lowery of Floyd, Steis of Harris, Lewis of Wilkinson and others:
A bill to amend an act creating a Department of Public Safety; so as to change the compensation of the Director of Public Safety; and for other purposes.
Referred to Committee on Rules.

HR 397. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A resolution creating a committee for the purpose of studying industrial safety; and for other purposes.
Referred to Committee on Rules.

The following bills and resolutions were read the second time:

SB 354. By Senator Carter of the 14th:
A bill relating to motor vehicle licenses, so as to provide that non-resi dent vehicles may haul seasonal agricultural products grown in this State upon the payment of a fee on a prorated daily basis.

SB 355. By Senator Pennington of the 45th:
A bill to provide for the giving of notice to abutting property owners when the property line is in doubt before timber is removed from the owner's land; to provide the procedure for giving notice; to repeal con flicting laws; and for other purposes.

SB 356. By Senators Maclntyre of the 40th, Brewer of the 39th, Salome of the 36th, Coggin of the 35th, Wesberry of the 37th, and Johnson of the 38th:
A bill establishing a new charter for the City of East Point in the Coun ty of Fulton; and for other purposes.

SB 357. By Senator Wesberry of the 37th:
A bill providing the procedure for statements of fiscal explanation to accompany legislation expending or decreasing the expenditure of any state funds; to repeal conflicting laws; and for other purposes.

728

JOURNAL OF THE SENATE,

SB 358. By Senator Yancey of the 33rd:
A bill relating to innkeepers receiving guests, or refuse to receive as guests, any person, according to said innkeeper's sole discretion; to re peal conflicting laws; and for other purposes.

SR 210. By Senator Wesberry of the 37th:
A resolution proposing an amendment to the Senate Rules; and for other purposes.

HB 919. By Messrs. Cullens of Bartow, Brooks of Fulton and others:
A bill to amend an act relating to the limitation of actions for injuries to the persons, so as to provide that actions for injuries to the person involving loss of consortium shall be brought within four years; and for other purposes.

HB 980. By Mr. McClelland of Fulton:
A bill to amend an act relating to the authority of administrators to provide for the estate competent legal counsel; and for other purposes.

HB 1037. By Messrs. McClelland, Etheridge, and Brooks of Fulton:
A bill providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities; and for other purposes.

HB 1056. By Mr. Brooks of Fulton:
A bill to amend an act so as to make provision for the coverage of cer tain members of the Superior Court Judges Retirement Fund who are not covered thereunder to the extent that coverage may still be per mitted them under Federal Law; and for other purposes.

HB 1067. By Messrs. Smith of Grady, Bolton of Spalding and others:
A bill to amend Code Section 32-503, relating to the bond and oath of the state Superintendent of Schools; and for other purposes.

HB 1080. By Messrs. Bolton and Melton of Spalding and others:
A bill to amend an act creating a new judicial circuit to be called the Griffin Circuit; and for other purposes.

HB 1086. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill relative to the abolition of justice courts in any county of this State having within its borders a city having a population of over 20,000,

MONDAY, FEBRUARY 17, 1964

729

so as to abolish said justice courts and the offices of justices of the peace and notaries public ex-officio justices of the peace within the County of Dougherty; and for other purposes.

HB 1087. By Messrs. Busbee, Lee and Odom of Dougherty:
A bill to amend an act establishing the city court of Albany, so as to re define its jurisdiction and the practice and procedure to be employed therein; and for other purposes.

HB 1096. By Mr. Rhodes of Baker:
A bill to amend an act providing for a supplement to the salary of sheriffs in counties having a population of not less than 4,450 nor more than 4,550; and for other purposes.

HB 1102. By Messrs. McClelland and Brooks 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 Educa tion, so as to provide that a teacher or employee may designate certain dependents as beneficiaries; and for other purposes.

HB 1114. By Messrs. McClelland and Brooks of Fulton: A bill to amend an act establishing rules and regulations governing the payment of pensions to Fulton County employees, so as to provide in creased pensions for certain officers and employees; and for other pur poses.
HB 1116. By Mr. Flournoy of Cobb: A bill to amend an act creating a new charter for the City of Smyrna, so as to fix the compensation of the mayor and council; and for other purposes.
HB 1156. By Messrs. Pope and Coker of Cherokee: A bill to amend an act creating a new charter for the City of Woodstock, so as to extend the corporate limits; and for other purposes.

HB 1158. By Mr. Wells of Peach:
A bill to amend an act incorporating the offices of tax receiver and tax collector of Peach County into one office of tax commissioner, so as to change the compensation of the tax commissioner; and for other purposes.

730

JOURNAL OF THE SENATE,

HB 1159. By Mr. Wells of Peach:
A bill to create a Board of Commissioners of Roads and Revenues for Peach County; and for other purposes.

HB 1161. By Mr. Lindsey of Wilkes:
A bill to amend an act creating the office of tax commissioner of Wilkes County, so as to provide that the tax commissioner shall turn over to the county fiscal authority by the close of the last day of each month monies collected by him for such month; and for other purposes.

HB 1162. By Mr. Lindsey of Wilkes:
A bill to amend an act placing the sheriff, the ordinary and the clerk of the Superior Court of Wilkes County on an annual salary in lieu of a fee system, so as to provide that the aforesaid officials shall turn over to the county fiscal authority by the close of the last day of each month monies collected by them for such month; and for other purposes.

HB 1163. By Mr. Singer of Stewart:
A bill to create a Small Claims Court in Stewart County; and for other purposes.

HB 1165. By Messrs. Lowrey and Jordan of Floyd:
A bill to require county boards of education in certain counties to con duct an annual audit of the books and records of such boards of educa tion; and for other purposes.

HB 1166. By Messrs. Groover, House and Laite of Bibb:
A bill to amend an act re-enacting the charter of the City of Macon, so as to authorize, approve, ratify and confirm a contract between the City of Macon, Southern Railway Company, Central of Georgia Railway Company and Georgia, Southern and Florida Railway Company; and for other purposes.

HB 1167. By Messrs. Groover, House and Laite of Bibb:
A bill to amend an act establishing a County Board of Commissioners for the County of Bibb, so to authorize, approve, ratify and confirm a certain contract between the County of Bibb and Southern Railway Company, Central of Georgia Railway Company and Georgia, Southern and Florida Railway Company; and for other purposes.

HB 1168. By Mr. Bowen of Toombs:
A bill to amend an act creating a new charter for the City of Vidalia, relating to opening of polls; and for other purposes.

MONDAY, FEBRUARY 17, 1964

731

HB 1169. By Messrs. Flournoy, Teague and Wilson of Cobb:
A bill to amend an act creating a new charter for the City of Kennesaw, so as to change the day of the annual elections for the City of Kennesaw; and for other purposes.

HB 1170. By Messrs. Matthews and Bedgood of Clarke:
A bill to amend an act abolishing the justice courts, the offices of the justices of the peace and the office of constables of Clarke County, so as to increase the civil jurisdiction of the Magistrate's Court of Clarke County; and for other purposes.

HB 1151. By Mr. Fowler of Douglas:
A bill to abolish the present mode of compensating the clerk of the superior court, the sheriff, the ordinary and tax commissioner of Douglas County, known as the fee system; and for other purposes.

HB 1152. By Mr. Steis of Harris:
A bill to provide a new charter for the City of Hamilton; to provide that said city shall be responsible for all debts and contracts of the former City of Hamilton; and for other purposes.

HB 1153. By Mr. Steis of Harris:
A bill to place the coroner of Harris County on a monthly salary; to provide for the disposition of fees and commissions formerly allowed the coroner; and for other purposes.

HB 1154. By Messrs. Killian and Isenberg of Glynn:
A bill to amend the charter of the City of Brunswick, so as to include therein certain territory in the County of Glynn contiguous to and north, northwest and west thereof; and for other purposes.

HB 1155. By Messrs. Keyton and Russell of Thomas:
A bill to change the compensation of sheriff of Thomas County from the fee basis to a salary; and for other purposes.

HB 1173. By Messrs. Bell, Hull and Fleming of Richmond:
A bill to amend the charter of the City of Augusta incorporated as tne City Council of Augusta, relating to polling places; and for other pur poses.

732

JOURNAL OF THE SENATE,

HB 1174. By Mr. Rowland of Johnson:
A bill to amend an act establishing the City Court of Wrightsville, so as to increase the compensation of the judge; and for other purposes.

HB 1175. By Messrs. Abney and Snow of Walker:
A bill to authorize the governing authority of Walker County to estab lish fire prevention districts in Walker County; and for other purposes.

HB 1177. By Mr. Steis of Harris:
A bill to authorize and empower the board of Commissioners of Roads and Revenues for Harris County to establish rules and regulations gov erning the payment of pensions to county officials and employees of said county; and for other purposes.

HB 1182. By Mr. Roper of Greene:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues in and for Greene County, so as to provide for five com missioners, and for other commissioners; and for other purposes.

HB 1184. By Messrs. Bell, Fleming and Hull of Richmond:
A bill to amend the charter of the City of Augusta so as to authorize the city council to require owners of property to install connection with municipal water systems and to assess charges thereof against said property owners; and for other purposes.

HB 1185. By Mr. Anderson of Pulaski:
A bill to amend an act to create a new charter for the City of Hawkinsville, relating to voting in certain elections; and for other purposes.

HB 1186. By Messrs. Alien and Branch of Tift:
A bill creating a small claims court in counties having a certain popu lation; and for other purposes.

HR 416. By Messrs. Overby and Williams of Hall:
A resolution proposing an amendment to the Constitution so as to create the Gainsville and Hall County Development Authority; and for other purposes.

HR 419. By Messrs. Gibbons and Walker of Lowndes:
A resolution authorizing the conveyance of certain State property located in Lowndes County; and for other purposes.

MONDAY, FEBRUARY 17, 1964

733

HR 422. By Messrs. Johnson of Elbert and Brooks of Oglethorpe:
A resolution to officially designate State Route No. 77 from Elberton, Georgia, to Lexington, Georgia as the "Old Post Road"; and for other purposes.

HR 451. By Messrs. Brooks and Etheridge of Fulton:
A resolution proposing an amendment to the Constitution so as to au thorize Fulton County to cooperate in the construction of a stadium and related facilities within the corporate limits of the City of Atlanta and to enter into contracts in connection therewith; and for other purposes.

HR 454. By Messrs. Pope and Coker of Cherokee, Meeks of Union and others:
A resolution urging the construction of a 4-lane highway north of At lanta, extending into Cherokee County; and the extension of the Blue Ridge Parkway; and for other purposes.

HR 456. By Mr. Bagby of Paulding:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Paulding County by the people; and for other purposes.

HR 458. By Messrs. Caldwell and Echols of Upson:
A resolution proposing an amendment to the Constitution so as to create a body corporate and politic and an instrumentality of the State to be known as the Thomaston-Upson County Industrial Development Au thority; and for other purposes.

HR 460. By Mr. Rowland of Johnson:
A resolution proposing an amendment to the Constitution so as to au thorize the governing body of Johnson County to levy an annual ad valorem tax to be used in assisting, promoting and establishing new in dustries and the expansion of agriculture, trade and commerce therein and in furtherance of such to create the County Development Authority; and for other purposes.
HR 462. By Messrs. Williams and Overby of Hall: A resolution proposing an amendment to the Constitution so as to pro vide for staggered terms for the members of the Board of Education of Hall County; and for other purposes.
HR 465. By Mr. Floyd of Chattooga:
A resolution proposing an amendment to the Constitution so as to au-

734

JOURNAL OF THE SENATE,

thorize the County Board of Education of Chattooga County to borrow funds and pledge certain building funds to the payment thereof; and for other purposes.

HR 467. By Messrs. Killian and Isenberg of Glynn:
A resolution proposing an amendment to the Constitution so as to au thorize the governing body of the City of Brunswick to levy an annual ad valorem tax upon the taxable property described as "downtown Brunswick" to be used in assisting and promoting the economic improve ment and development of said central business district; and for other purposes.

HR 468. By Mr. Andrews of Stephens:
A resolution proposing an amendment to the Constitution so as to create the Toccoa-Stephens County Building and Parks Authority; and for other purposes.

HR 469. By Mr. Andrews of Stephens:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide for the assessment of property in Stephens County and the City of Toccoa for tax purposes by a joint board of assessors and to create and to provide for an agency to re view and revise such assessments; and for other purposes.

HR 470. By Messrs. Killian and Isenberg of Glynn:
A resolution proposing an amendment to the Constitution so as to au thorize the City of Brunswick to levy for a maximum period of ten years a less and varying property tax than that applicable to its present territorial limits; and for other purposes.
HR 471. By Messrs. Brown of Toombs and Underwood of Montgomery:
A resolution proposing an amendment to the Constitution so as to au thorize the Vidalia Development Authority to extend its activities into Montgomery County and to grant certain tax exemptions to tenants and lessees of the Authority; and for other purposes.
HR 472. By Messrs. Flournoy, Teague and Wilson of Cobb:
A resolution proposing an amendment to the Constitution so as to au thorize Cobb County to acquire, construct, equip, maintain and operate incinerators, garbage and refuse facilities; and for other purposes.
HR 473. By Messrs. Mackay and Harris of DeKalb:
A resolution proposing an amendment to the Constitution, so as to pro vide for contracts for the use of public facilities; and for other purposes.

MONDAY, FEBRUARY 17, 1964

735

HR 474. By Messrs. Abney and Snow of Walker:
A resolution proposing an amendment to the Constitution to authorize the General Assembly to provide for fire prevention districts in Walker; and for other purposes.

HR 475. By Mr. Roper of Greene:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Greene County; and for other purposes.

HR 509. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A resolution requesting the governing authorities of Fulton County, DeKalb County and the City of Atlanta, to provide additional voting precincts, voting machines and other facilities so as to improve the methods and procedures of conducting elections in the interest of the people; and for other purposes.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, submit ted the following report:

Mr. President:

Your Committee on Rules had had under consideration the following bills and resolutions of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SB 338. Do Pass. HR 472. Do Pass. HR 416. Do Pass. HR 452. Do Pass. HR 469. Do Pass. HR 470. Do Pass. HR 471. Do Pass. HR 474. Do Pass. HR 475. Do Pass. SR 198. Do Pass. SR 197. Do Pass. SR 200. Do Pass. HB 1013. Do Pass. HB 1062. Do Pass.

736

JOURNAL OP THE SENATE,

HB 1083. Do Pass. HB 1084. Do Pass. HB 1012. Do Pass. HR 419. Do Pass. HR 451. Do Pass. HR 456. Do Pass. HR 458. Do Pass. HR 460. Do Pass. HR 462. Do Pass. HR 465. Do Pass. HR 467. Do Pass. HR 468. Do Pass. HR 393. Do Pass. HR 421. Do Pass. HR 437. Do Pass. HR 438. Do Pass. HR 440. Do Pass by substitute. HR 441. Do Pass by substitute. HR 442. Do Pass. HR 443. Do Pass. HR 445. Do Pass. HR 446. Do pass by substitute. HR 447. Do pass by substitute. HR 449. Do Pass. HR 450. Do Pass.

Respectfully submitted, Rowan of 8th District, Secretary.

Mr. Miller of the 50th District, Chairman of the Committee on Health and Welfare, submitted the following report:

Mr. President:

MONDAY, FEBRUARY 17, 1964

737

Your Committee on Health and Welfare had had under consideration the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 190. Do pass as amended.
Respectfully submitted,
Miller of 50th District,
Chairman.

Mr. Jackson of the 16th District, Chairman of the Committee on Business, Trade and Commerce, submitted the following report:

Mr. President:

Your Committee on Business, Trade and Commerce had had under considera tion the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:

SB 265. Do Pass.

Respectfully submitted,

Jackson of 16th 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 had 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 355. Do Pass.
HB 871. Do Pass.
SB 304. Do Pass.
HB 746. Do pass as amended.
Respectfully submitted,
Carter of 14th District,
Chairman.

Mr. Zorn of the 6th District, Chairman of the Committee on Temperance, submitted the following report:

738 Mr. President:

JOURNAL OF THE SENATE,

Your Committee on Temperance had 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 1147. Do Pass. Respectfully submitted, Zorn of 6th District, Chairman.
Mr. Gillis of the 20th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. President:

Your Committee on Appropriations had 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 1026. Do Pass.

HB 948. Do pass as amended.

HB 950. Do Pass.

Respectfully submitted,

Gillis of 20th District,

Chairman.

The following local, uncontested bills and resolutions, favorably reported by the committees, were read the third time, and put upon their passage.

HR 320. By Mr. Sinclair of Macon: A resolution authorizing the transfer of certain real property located in Macon County, Georgia; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 40, nays 0.
The resolution, having received the requisite constitutional majority, was adopted. SR 185. By Senator Owens of the 49th:

MONDAY, FEBRUARY 17, 1964

739

A RESOLUTION

Proposing an amendment to the Constitution so as to provide for the appointment of the County School Superintendent of Lumpkin County by the Board of Education of Lumpkin County; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article VIII, Section VI, Paragraph I of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following:
"Effective at the end of the term of the County School Superin tendent of Lumpkin County, elected in the general election to be held in November, 1964, the Board of Education of Lumpkin County shall appoint a county school superintendent. The person elected in the election to be held in November, 1964, shall serve until the end of his term on December 31, 1968. In the event, however, that a vancancy occurs in such office prior to the end of said term, the Board of Education shall appoint a person to serve as superinten dent. No election for county school superintendent shall be held after November 30, 1964. The Board of Education shall, on or before De cember 1, 1968, appoint a person to take office as superintendent on January 1, 1969. The superintendent shall serve at the pleasure of the Board. The County School Superintendent of Lumpkin Coun ty, as provided for herein, shall be subject to all constitutional and all statutory provisions relative to county school superintendents unless such provisions are in conflict with the provisions of this amendment."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as 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 provide for the appointment of the County School Superintendent of Lumpkin County, by the Board of Education of Lumpkin County.
"Against ratification of amendment to the Constitution so as to provide for the appointment of the County School Superintendent of Lumpkin County, by the Board of Education of Lumpkin County."

740

JOURNAL OP THE SENATE,

All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons de siring 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 Broun of 46th Brown of 34th Carlton Conway Downing Ellis Fincher Fuqua Gayner Gillis Hall Harrison Holloway

Jackson Johnson of 42nd Kidd Knox Lee Maclntyre Miller Moore McKinnon McWhorter Oliver Owens Pelham Pennington

Phillips Rowan Salome Scott Searcey Smalley Spinks Thomas Tribble Webb Wesberry Young

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

On the adoption of the resolution, the ayes were 40, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

SR 196. By Senator Hall of the 52nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Floyd County to issue general obligation bonds

MONDAY, FEBRUARY 17, 1964

741

for the purpose of establishing schools beyond the twelfth grade and to levy taxes for the payment of such bonds; to authorize Floyd County to levy a tax to pay the tuition and expenses of students attending such schools; to authorize Floyd County to join with other counties and muni cipalities to establish area schools beyond the twelfth grade; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section I. Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provision of the Constitution to the contrary not withstanding, the governing authority of Floyd County is hereby au thorized and empowered to (1) acquire real property and to acquire, construct and equip buildings and facilities for education beyond the twelfth grade and to convey any such property so acquired to the Board of Regents of the University System of Georgia, its suc cessors or assigns; (2) contribute funds to the Board of Regents of the University System of Georgia to be applied toward the ac quisition of real property and the acquisition, construction and equip ping of buildings and facilities for education beyond the twelfth grade.
"In order to finance such undertaking, the governing authority of Floyd County is hereby authorized to issue general obligation bonds from time to time bearing the rate or rates of interest and maturing at the years and amounts determined by said governing authority. Any bonds issued in pursuance of the authority herein granted shall be issued in accordance with the provisions of this Constitution and the laws governing the issuance of general obliga tion bonds. The taxes assessed, levied and collected for the payment of the bonded indebtedness herein provided for shall be upon all the taxable property in Floyd County, including any such property in any municipal or independent school system or district. Prior to exercising the authority herein granted, the governing authority of Floyd County shall have contracted with the Board of Regents of the University System of Georgia to convey any property or funds so acquired to the Board of Regents of the University System of Georgia; and the Board of Regents shall have contracted with the governing authority of Floyd County to accept any such property or funds for the purpose of constructing and equipping such build ings and facilities and to operate and maintain the same as a unit of the University System of Georgia rather than as a part of the public school system of this State.
"The governing authority of Floyd County is further authorized to levy and collect a tax upon all taxable property within Floyd County, including any such property in any municipal or independent school system or district for the purpose of paying all or part of the tuition and expenses of any students attending any such school

742

JOURNAL OF THE SENATE,

beyond the twelfth grade established pursuant to this amendment. Any funds collected from the levy of such tax shall be transferred to the Board of Regents of the University System of Georgia to be used by the said Board of Regents for the purpose provided herein."

Section 2. Article VII, Section VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"Floyd County, either independently or jointly with any one or more counties, or any one or more municipalities, or any county and municipality, or any combination thereof, when such counties or municipalities have similar constitutional authority, may establish area schools beyond the twelfth grade. The State is hereby author ized to expend funds for the support of such schools as it does for presently established school systems. The political subdivisions es tablishing such a school shall provide for a joint board to administer any such school, and the State is hereby authorized to contract with such board relative to the expenditure of funds for such school. In the event any such school beyond the twelfth grade is established by Floyd County alone, then the governing authority of Floyd County shall administer and control such school, or in lieu thereof a local act may be passed prescribing how any such school shall be administered and controlled, and the State is hereby authorized to contract with such governing authority relative to the expendi ture of funds for such school. Any such political subdivision is hereby authorized to levy taxes for the support of such school regardless of whether it is located within the territorial limits of such sub division. Any such political subdivison is hereby authorized to incur bonded indebtedness not to exceed three per centum of the assessed value of all the taxable property therein for the support of such a school. Any such bonded indebtedness shall be incurred pursuant to the provisions of this Constitution and the laws of this State rela tive to incurring other bonded indebtedness. Such bonded indebted ness shall be in addition to any and all other indebtedness authorized by the Constitution and the laws of Georgia. The amount of funds which each political subdivision establishing such a school shall pay shall be determined and agreed upon by and between all the political subdivisions involved. In the event it deems it necessary, the General Assembly is hereby authorized to enact laws pursuant to, but not in conflict with, the provisions of this paragraph."

Section 3. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the governing authority of Floyd County to issue general

MONDAY, FEBRUARY 17, 1964

74S

obligation bonds for the purpose of establishing schools beyond the twelfth grade and to levy taxes for the payment of such bonds and for the payment of tuition and expenses of students, and to au thorize Floyd County to join other counties and municipalities to es tablish area schools beyond the twelfth grade.

"Againat ratification of amendment to the Constitution so as to authorize the governing authority of Floyd County to issue general obligation bonds for the purpose of establishing schools beyond the twelfth grade and to levy taxes for the payment of such bonds and for the payment of tuition and expenses of students, and to authorize Floyd County to join other counties and municipalities to establish area schools beyond the twelfth grade."

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 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 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.

A 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 Carlton Conway Downing Ellis Fincher Fuqua Gayner Gillis Hall Harrison Holloway

Jackson Johnson of 42nd Kidd Knox Lee Maclntyre Miller Moore McKinnon McWhorter Oliver Owens Pelham Pennington

Phillips Rowan Salome Scott Searcey Smalley Spinks Thomas Tribble Webb Wesberry Young

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

744

JOURNAL OF THE SENATE,

On the adoption of the resolution, the ayes were 40, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

SR 200. By Senator Yancey of the 33rd:

A RESOLUTION
Proposing an amendment to the Constitution so as to abolish the office of Coroner in Cobb County, Georgia; to establish in lieu thereof the office of County Medical Examiner; to provide the procedure con nected 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 XI, Section II, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The office of Coroner in Cobb County, Georgia, is hereby abolished and the office of County Medical Examiner is established in lieu thereof. The County Medical Examiner, who must be a physi cian authorized by law to use and dispense drugs and shall be li censed to practice medicine in Georgia, shall have all the powers, duties, liabilities and obligations of the office of Coroner, and shall have any powers, duties, liabilities and obligations hereafter imposed upon county medical examiners. The governing authority of Cobb County shall appoint a person to serve as the County Medical Ex aminer, and shall have the power and authority to fix his salary or fees and term of office, which term shall not exceed that of the appointing authority. The governing authority shall further have the right and power to employ such other officials and personnel to aid the County Medical Examiner, as said governing authority may deem necessary, such employments to be at salaries determined by the governing authority to be proper and necessary. The office of the Medical Examiner of Cobb County may use funds derived by the County from taxation within the County, said funds to be used for the paying of all necessary expenses of such office. The General Assembly may restrict, alter, modify or enlarge the duties, powers or liabilities of the office of Cobb County Medical Examiner."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

MONDAY, FEBRUARY 17, 1964

745

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 abolish the office of Coroner in Cobb County and to establish in lieu thereof the office of County Medical Examiner and to provide the procedure connected therewith.

"Against ratification of amendment to the Constitution so as to abolish the office of Coroner in Cobb County and to establish in lieu thereof the office of County Medical Examiner and to provide the procedure connected therewith."

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

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the results 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 the following Senators:

Brewer Broun of 46th Brown of 34th Carlton Conway Downing Ellis Fincher Fuqua Gayner Gillis Hall Harrison Holloway

Jackson Johnson of 42nd Kidd Knox Lee Maclntyre Miller Moore McKinnon McWhorter Oliver Owens Pelham Pennington

Phillips Rowan Salome Scott Searcey Smalley Spinks Thomas Tribble Webb Wesberry Young

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

746

JOURNAL OF THE SENATE,

On the adoption of the resolution, the ayes were 40, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 197. 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 General Assembly to empower the Governing Authority of Cobb County, for regulatory and revenue purposes, to assess and collect license fees and occupational taxes against any per son, firm, or corporation including taxicabs and cars for hire who may engage in any type of business in Cobb County outside the municipali ties, with the right and power to classify businesses and assess different license fees and occupational taxes against different classes of business, and with the further power to the Governing Authority to exercise police powers within unincorporated areas over any businesses in the interest of the public welfare, health and security of the people of Cobb County, and to adopt rales and regulations to effectuate the powers herein granted and to enforce the payment of the license fees and taxes, and to provide that a violation of the rules and regulations may be punishable as a misdemeanor; to provide for submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section IV, Paragraph I (Code 2-5701) of the Constitution of the State of Georgia is amended by adding thereto the following new paragraph, to-wit:
"The General Assembly of the State of Georgia is hereby authorized: To empower the Governing Authority of Cobb County, Georgia with the right and power, for regulatory and revenue pur poses to levy, assess, and collect license fees and occupational taxes from any persons, firms or corporations, including taxicabs and cars for hire (excepting from regulation those persons, firms or corpora tions subject to regulation by the State Public Service Commission) who may maintain a place of business in any area of Cobb County outside the incorporated limits of municipalities; and to levy and assess such license fees and occupational taxes, the said Governing Authority shall have the right and power to classify businesses and to assess different license fees and taxes against different classes of business. To provide for public welfare, health and security of the people of Cobb County, the said Governing Authority shall have the right to regulate and exercise police powers over any businesses operated within the unincorporated areas of said County (except those subject to regulation by the State Public Service Commission) and to prescribe such rules and regulations as may

MONDAY, FEBRUARY 17, 1964

747

be necessary to effectuate the powers herein granted, including the right to enforce payment of the license fees and occupational taxes by the issuance and levy of executions, and to provide that a violation of any such regulations adopted by the Governing Au thority of Cobb County shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia."

Section 2. When the above proposed amendment to the 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 Article VII, Section IV, Paragraph I of the Constitution authorizing the Governing Au thority of Cobb County to assess and collect license fees and occu pational taxes upon businesses in Cobb County outside the incor porated limits of municipalities and to regulate same.

"Against ratification of amendment to Article VII, Section IV, Paragraph I of the Constitution authorizing the Governing Au thority of Cobb County to assess and collect license fees and occu pational taxes upon businesses in Cobb County outside the incor porated limits of municipalities and to regulate same."

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

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

Senators Yancey of the 33rd and Kendrick of the 32nd offered the following amendment:
Amend HR 197 by striking from the 6th line of the title the words, "outside the municipalities" and by striking from the 9th line the words, "within unincorporated areas" and by striking from the llth line of Section 1 the words, "any area of", and the word "outside", and by striking from the 12th line of Section 1 "the incorporated limits of municipalities" and by striking from the second line of Page 2 of Sec-

748

JOURNAL OF THE SENATE,

tion 1 the words, "the unincorporated areas of", and by adding to Sec tion 1 the following words, "Nothing herein shall prevent a municipality from licensing or otherwise exercising police power over any business within its boundaries as now exist or may hereafter exist." and by striking from Section 2 from the 12th and 13th line of Section 2 the following words, "outside the incorporated limits of municipalities" and by striking from the 17th and 18th line of Section 2 the following words, "outside the incorporated limits of municipalities", so that when so amended said House Resolution shall read as follows:

"Proposing an amendment to the Constitution of the State of Geor gia, so as to authorize the General Assembly to empower the Govern ing Authority of Cobb County, for regulatory and revenue purposes, to assess and collect license fees and occupational taxes against any person, firm, or corporation including taxicabs and cars for hire who may engage in any type of business in Cobb County with the right and power to classify businesses and assess different license fees and occu pational taxes against different classes of business, and with the further power to the Governing Authority to exercise police powers over any businesses in the interest of the public welfare, health and security of the people of Cobb County, and to adopt rules and regulations to effec tuate the powers herein granted and to enforce the payment of the license fees and taxes, and to provide that a violation of the rules and regulations may be punishable as a misdemeanor; to provide for sub mission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section IV, Paragraph I (Code 2-5701) of the Consti tution of the State of Georgia is amended by adding thereto the fol lowing new paragraph, to wit:
"The General Assembly of the State of Georgia is hereby authorized: To empower the Governing Authority of Cobb County, Georgia with the right and power, for regulatory and revenue pur poses to levy, assess, and collect license fees and occupational taxes from any persons, firms or corporations, including taxicabs and cars for hire (excepting from regulations those persons, firms or corporations subject to regulation by the State Public Service Com mission) who may maintain a place of business in Cobb County and to levy and assess such license fees and occupational taxes, the said Governing Authority shall have the right and power to classify businesses and to assess different license fees and taxes against different classes of business. To provide for public welfare, health and security of the people of Cobb County, the said Governing Authority shall have the right to regulate and exercise police powers over any businesses operated within said County (except those sub ject to regulation by the State Public Service Commission) and to prescribe such rules and regulations as may be necessary to effec-

MONDAY, FEBRUARY 17, 1964

749

tuate the powers herein granted, including the right to enforce payment of the license fees and occupational taxes by the issuance and levy of executions, and to provide that a violation of any such regulations adopted by the Governing Authority of Cobb County shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia. Nothing herein shall prevent a municipality from licensing or otherwise exercising police power over any business within its boundaries as now exist or may hereafter exist."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to Article VII, Section IV, Paragraph I of the Constitution authorizing the Governing Au thority of Cobb County to assess and collect license fees and occu pational taxes upon businesses in Cobb County and to regulate same.

"Against ratification of amendment to Article VII, Section IV, Paragraph I of the Constitution authorizing the Governing Au thority of Cobb County to assess and collect license fees and occu pational taxes upon businesses in Cobb County and to regulate same."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

On the adoption of the amendment, the ayes were 40, nays 0, and the amend ment was adopted.

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

750

JOURNAL OP THE SENATE,

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

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Carlton Conway Downing Ellis Fincher Puqua Gayner G; HIS Hall harrison Holloway

Jackson Johnson of 42nd Kidd Knox Lee Maclntyre Miller Moore McKinnon McWhorter Oliver Owens Pelham Pennington

Phillips Rowan Salome Scott Searcey Smalley Spinks Thomas Tribble Webb Wesberry Young

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

On the adoption of the resolution, the ayes were 40, nays 0.

Thf> rfisn'nHnn. having1 received the requisite constitutional two-thirds ma jority, was adopted as amended.

HR 378. By Mr. Poss of Madison:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Madison County by the people; to provide for their qualifications; to provide for their terms of office; to provide for educational districts; to provide the procedure con nected 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 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 Madison County shall be composed of five members to be elected in accordance with the procedures set

MONDAY, FEBRUARY 17, 1964

751

out hereinafter. For the purpose of electing members of the Board of Education of Madison County, said county shall be divided into five educational districts. Educational District No. 1 shall be composed of all that territory contained within Militia District Nos. 383 (Pit man) and 262 (Pocataligo). Educational District No. 2 shall be com posed of all that territory contained within Militia District Nos. 438 (Mill) and 591 (Harrison). Educational District No. 3 shall be com posed of all that territory contained within Militia District Nos. 205 (Brookline) and 382 (Grove Hill). Educational District No. 4 shall be composed of all that territory contained within Militia District No. 204 (Danielsville). Educational District No. 5 shall be composed of all that territory contained within Militia District Nos. 203 (Fork) and 1616 (Collins).

"One member from each of said educational districts shall be elected to the Board by a majority of the qualified voters voting in his respective educational district only. To be eligible to represent a district on the Board, candidates must reside within said educational district. The Board shall elect one of its members to serve as Chair man of the Board of Education of Madison County. His term of office as Chairman shall coincide with his respective term of office on the Board.

"Not later than ten (10) days after the ratification of this amendment, it shall be the duty of the Ordinary of Madison County to issue the call for an election for the purpose of electing the mem bers of the Board of Education of Madison County herein provided for. The day of such election shall be set for a day not less than fif teen (15) nor more than thirty (30) 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 preced ing the date thereof in the official organ of Madison County. The members elected to the Board at said election shall take office on January 1, 1965, and shall serve until December 31 of the year in which their respective terms of office shall expire. Those members of the Board elected from District Nos. 1 and 2 shall serve for a term of two years and until their successors are duly elected and qualified. Those members on the Board elected from District Nos. 3, 4, and 5 shall serve for a term of four years and until their succes sors are duly elected and qualified. Thereafter all successors to the members of the Board of Education of Madison County shall be elected in the General Election conducted in the year in which the respective terms of office shall expire and shall take office on Janu ary 1 of the following year and shall serve for a term of four years and until their successors are duly elected and qualified.

"The Board of Education of Madison County, in effect at the time of ratification of this amendment, shall be abolished effective December 31, 1964, and the terms of office of the members of said Board shall expire on said date. The Board created herein shall be the successor to such abolished Board and shall be vested with all the rights, powers, duties and authority possessed by said abolished Board."

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SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to pro vide for the election of the members of the Board of Education of Madison County by the people.

"Against ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Madison County by the people."

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:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Carlton Conway Downing Ellis Fincher Fuqua

Gayner Gillis Hall Harrison Holloway Jackson Johnson of 42nd Kidd Knox

Lee Maclntyre Miller Moore McKinnon McWhorter Oliver Owens Pelham

MONDAY, FEBRUARY 17, 1964

753

Pennington Phillips Rowan Salome Scott

Searcey Smalley Spinks Thomas Tribble

Webb Wesberry Young

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

On the adoption of the resolution, the ayes were 40, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HE 431. My Mr. Murphy of Haralson:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Tal lapoosa Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in the City of Tallapoosa in Haralson County to be known as the Tallapoosa Develop ment Authority, which shall be an instrumentality of the City of Talla poosa and a public corporation and which in this amendment is hereafter referred to as the 'Authority';
"B. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible for reappointment. The members shall be appointed by the Mayor and Council of the City of Tallapoosa. The first members shall be appointed for terms of one, two, three, four and five years, and thereafter their successors shall be ap pointed for terms of five years. Vacancies shall be filled for the unexpired term by the Mayor and Council. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. The members shall elect one from among themselves to serve as chairman from year to year. No vacancy shall impair the power of the Authority to act.

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"C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the prop erty, obligations and interest on the obligations of the City of Tallapoosa, Georgia;

"D. The powers and the Authority shall include, but not be limited to, the power:
"(1) To receive and administer gifts, grants and donations and to administer trusts;

"(2) To borrow money, to issue notes, bonds and revenue certifi cates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and in come 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 ex cept 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 the City of Tallapoosa and within a radius of 5 miles as measured from the center of said city so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within aforesaid territorial limits suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, includ ing all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings machinery and equipment. Such acqui sition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, reno vating, reconstructing, furnishing and equipping of such building;

"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking.

MONDAY, FEBRUARY 17, 1964

755

"(7) To accumulate its funds from year to year and to invest accu mulated 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 gen erally or in any specific matter;
"(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.

"E. The Authority shall not be authorized to create in any manner and debt, liability or obligation against the State of Georgia, Haralson County, or City of Tallapoosa.

"F. The members of the Authority shall receive no compensation for their services to the Authority;
"G. In order to finance any undertaking with the scope of its power or to refund any bonds then outstanding, the Authority is hereby author ized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally author ized to be issued thereunder; provided, however, that any property, real or personal of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any law ful debt of the Authority. The Authority may execute any trust agree ment or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of either Haralson County or the City of Tallapoosa to pay any of the said obliga tions of said authority.
"H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorized proceedings.

"I. No bonds except refunding bonds shall be issued hereunder un less the Authority shall have found and declared that:
"(1) The undertaking for which the bonds are to be issued will in crease employment within the territorial limits herein designated.

"(2) The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said territorial limits,

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reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia.

"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses.

"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Author ity at the time of such dissolution shall revert to the City of Tallapoosa subject to any mortgages, liens, leases or other encumbrances outstand ing against or in respect to said property at that time.

"L. This amendment is adopted for the purpose of promotion and expanding for the public good and welfare industry and trade in the City of Tallapoosa and its vicinity and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.

"M. This amendment shall be effective immediately upon proclama tion of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such procla mation.

"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the City of Tallapoosa and the scope of its operations shall be limited to the territory embraced within said city and within a radius of 5 miles as measured from the center of said city. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds (%) of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
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 Tallapoosa Development Authority.

MONDAY, FEBRUARY 17, 1964

767

"Against ratification of amendment to the Constitution so as to create the Tallapoosa Development 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 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:

Brewer Broun of 46th Brown of 34th Carlton Conway Downing Ellis Fincher Fuqua Gayner Gillis Hall Harrison Holloway

Jackson Johnson of 42nd Kidd Knox Lee Maclntyre Miller Moore McKinnon McWhorter Oliver Owens Pelham Pennington

Phillips Rowan Salome Scott Searcey Smalley Spinks Thomas Tribble Webb Wesberry Young

By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 40, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
The following bill of the Senate was taken up for the purpose of considering a House substitute therefor:
SB 191. By Senators Webb of llth, Carlton of 21st and Jackson of 16th: A bill to require the State Revenue Commission to establish and equalize adjusted school property tax digest for each county in the State and for the State as a whole; to repeal conflicting laws; and for other purposes.

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The House Committee on Ways and Means offered the following substitute:

SB 191. By Senators Webb of the llth, Carlton of the 21st and Jackson of the 16th:
A BILL
To be entitled an Act to require the State Auditor to establish an equalized adjusted school property tax digest for each county in the State and for the State as a whole, excluding therefrom real and personal prop erty exempted from taxation for school purposes; to require such digest to be re-established from time to time; to provide a method and manner for establishing such digest; to provide for submission of certain infor mation to the State Auditor by the State Revenue Commissioner; to authorize use of certain personnel and firms for the purposes of this Act; to provide for minimum qualifications and standards for employment and use of such personnel and firms; to provide for annual submission of cer tain digest information to the State Board of Education, and to others; to provide for arbitration of disputes arising under provisions of this Act, and for selection, oath, qualifications and compensation of arbitrators, and finality of their decision; to provide for payment of costs of arbitra tion; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
The State Auditor shall establish, no later than February 1, 1965 and each year thereafter, an equalized adjusted school property tax digest for each county in the State and for the State as a whole for the preceding calendar year, excluding therefrom all real and personal property ex empted from taxation for school purposes, in the following manner:
(a) Determine the locally assessed valuation of the county prop erty tax assessment digest for the preceding calendar year, exclusive of real and personal property exempted from taxation for school purposes and exclusive of public utility property shown on the county public utility property tax digest.
(b) Divide the sum of the locally assessed valuation of the county property tax assessment digest by the ratio of assessed value to true value of such property established by the State Auditor in accordance with provisions of subparagraph (e) of this Section.
(c) Determine the sum of the assessed valuation of the county public utility property tax digest certified to the State Revenue Commissioner for the preceding calendar year and divide said sum by the equalization ratio for such year established by the State Reve nue Commissioner for the purpose of assessing public utility proper ties throughout the State.

MONDAY, FEBRUARY 17, 1964

759

(d) The total of the sums obtained through the calculations pre scribed in subparagraphs (b) and (c) of this Section shall be known as the equalized adjusted school property tax digest of the county for the preceding calendar year, and the sum of the equalized ad justed school property tax digest of all counties of the State com bined shall be known as the equalized adjusted school property tax digest for the State as a whole.

(e) Establish, no later than January 15, 1965, and thereafter as provided herein, for each county in the State, the average ratio of assessed value to true value of county property subject to taxation for school purposes, excluding public utility property, by establishing the ratio of assessed value to sales price for a representative num ber of parcels of real property, title to which was transferred during a preceding period of time to be determined by the State Auditor, and the average ratio of assessed value to sales price for the county as a whole based upon a representative number of usable transac tions studied. The State Auditor is authorized to supplement realty sales price data available in any county with such other creditable realty value data as may be available or obtainable by the State Auditor, to include actual appraisals of real properties located in the county, and is authorized to use such value data along with realty sales price data in establishing the average ratio of assessed value to true value applicable to such county property and the equalized adjusted school property tax digest of the county. To the extent that the number of usable sales transactions available for study by the State Auditor in any county is not, in the opinion of the State Audi tor, sufficient in and of itself to provide a sound basis for establish ment of a correct average ratio of assessed value to true value appli cable to such county property, the State Auditor shall obtain and use such other value data, including appraisals, as may be necessary to enable him to establish a correct average ratio of assessed value to true value for taxable property located in the county.

SECTION 2
The sum of the locally assessed valuation of the county property tax assessment digest of each county for the preceding calendar year, the sum of the assessed valuation of the county public utility property tax digest of each county for the preceding calendar year, and the equaliza tion ratio for the several counties established by the State Revenue Com missioner for the purpose of assessing public utility properties through out the State for the preceding calendar year shall, from time to time and for the purposes of subparagraphs (a), (b) and (c) of Section 1 of this Act be certified to the State Auditor by the State Revenue Commis sioner upon request of the State Auditor.
SECTION 3
The average ratio of assessed value to true value of county property to be established by the State Auditor for the purposes of subparagraph (e) of Section 1 of this Act shall be established through the use of per sonnel or property appraisal firms qualified to perform such services and

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in accordance with generally accepted scientific procedures used uni formly throughout the State so as to assure uniformity of criteria for valuation of properties throughout the State. The State Auditor is author ized to employ or contract with such personnel and property appraisal firms for performance of the services required by this Act. In order to be qualified to perform services required by this Act, such personnel or appraisal firm shall be required to meet the minimum qualifications and standards established by the State Revenue Commissioner for firms sub mitting bids on property re-valuation and equalization programs con ducted pursuant to provisions of an Act providing Aid to Counties for Property Valuation Programs. (Ga. Laws 1963, p. 419 et seq.).

SECTION 4
The average ratio of assessed value to true value determined as pro vided above for each county shall be used as provided for in this Act until such time as the State Auditor shall, in his discretion, direct that a new ratio be determined for a particular county, provided, however, that a new ratio shall be determined for every county in the State at least once every five years after January 15, 1965. The State Revenue Commissioner shall, when examining the various county digests submitted to him under the provisions of Code Section 92-7002, advise the State Auditor of any digest which reflects an increase or decrease of 5% or more over the previous year's digest. Whereupon it shall be the duty of the State Audi tor, in accordance with the procedures prescribed herein, to determine a new ratio for such county.

SECTION 5
The State Auditor shall, on or before February 1, 1965 and each year thereafter, furnish to the State Board of Education the sum of the equal ized adjusted school property tax digest of each county in the State for the preceding calendar year, and the sum of the equalized adjusted school property tax digest for the State as a whole, determined in accordance with provisions of this Act. As to those counties which have more than one school system located therein, the State Auditor shall furnish the State Board of Education a breakdown of the County equalized adjusted school property tax digest showing the amount thereof applicable to property located within each of the school systems located within the county. The State Auditor shall, at the same time, furnish the governing authority of each county and each municipality having an independent school system, and the local board of education of each county and each independent school system, the sum of the equalized adjusted school property tax digest of the county or the independent school system area, as the case may be, and the sum of the equalized adjusted school property tax digest for the State as a whole. Provided further than in counties that have more than one school system, the sum of the equalized adjusted school property tax digest for each system in said county shall be fur nished each system.

SECTION 6
The governing authority of the several counties of the several mu nicipalities having independent school systems, and the local board of

MONDAY, FEBRUARY 17, 1964

761

education of each county or area school district and the independent school system shall, if feeling themselves or their constituents or patrons aggrieved, have a right, upon request made within thirty (30) days after receipt of such digest information, to refer the question of correctness of the sum of the equalized adjusted school property tax digest of the county or independent school system area to a board of arbitrators consisting of three members, one to be chosen by the State Auditor, one to be chosen by the governing authority or local board of education requesting such arbitration, and one to be chosen within 15 days thereafter by the other two members of the board. In the event the two arbitrators cannot agree to the third man, the judge of the judicial circuit where the county is located, shall appoint said third man upon petition of either party with notice to opposite party. Said board of arbitrators or a majority thereof shall, within thirty (30) days after appointment of the full board, render their decision upon the correctness of the sum of the digest in question and the extent and manner in which the sum of such digest should be corrected if correction of the same is required, and said decision shall be final. The State Auditor shall correct the digest in question in accordance with the decision of the board of arbitrators and shall report the same to the parties entitled to receive such information under provisions of Sec tion 5 of this Act. The members of boards of arbitration shall take and subscribe to an oath before the State Auditor to faithfully and impartially perform the duties required of them in connection with the controversy concerning the correctness of the sum of the digest in question, and to render their decision thereon within the time required. The members of the board of arbitration shall be paid a sum not to exceed $100 per day for services rendered. All costs of arbitration of matters arising under provisions of this Act shall be shared and paid equally by the State Audi tor and by the governing authority or local board of education requesting such arbitration.

SECTION 7 The provisions of this Act shall become effective immediately.

SECTION 8
All laws and parts of laws in conflict with this Act are hereby re pealed.

Senator Webb of the llth moved that the Senate agree to the House substi tute for SB 191.

On the motion, the ayes were 34, nays 0, and the substitute was agreed to.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 200. By Senator Gordy of the 15th:
A bill to provide for the licensing and regulating of the business of sell ing, issuing and delivering of checks, drafts, and money orders as a

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JOURNAL OF THE SENATE,

service or for a fee or other considerations; to provide exemptions from such licensing and regulating to repeal conflicting laws; and for other purposes.

The House amendments were as follows:

Mr. Groover of Bibb moved to amend SB 200 by adding in section 11 a new subsection (c) to read as follows:
"(c) Any person selling checks as defined in this act as agent for a licensee licensed pursuant to this act shall not be liable for the failure of such licensee to pay said check" Mr. Groover of Bibb offered the following amendment:
Amend SB 200 by adding in section 4 (a) after the words "not incorporated" the words "except those private banks engaged in the sale of moneey orders to the general public through agents at loca tions other than the location of said private bank."
Mr. Dicus of Muscogee moved to amend SB 200 by striking from subsection (a) of section 5 the symbol and figures "$100,000.00" and substituting in lieu thereof the symbol and figures "$10,000.00". By strik ing from subsection (c) of section 7 the symbols and figures "$100,000.00" and "$250,000.00" and substituting in lieu thereof the symbols and figures "$10,000.00" and "$50,000.00", respectively; and
By striking from subsection (a) of section 9 the symbol and figures "$250,000.00" and substituting in lieu thereof the symbol and figures "$50,000.00".
Mr. Groover of Bibb offered the following amendment to the Dicus amendment:
Amend Dicus amendment by striking figures $10,000 and insert ing $25,000, and figures $50,000 to $100,000.

Senator Gordy of the 15th moved that the Senate disagree to the House amend ments to SB 200.

On the motion, the ayes were 34, nays 0, and the amendments were disagreed to.

The following bill of the Senate was taken up for the purpose of considering a House substitute therefor:

SB 209. By Senators Johnson of the 38th, Salome of the 36th, Maclntyre of the 40th and others:

MONDAY, FEBRUARY 17, 1964

763

A bill to amend an act approved August 13, 1924, providing a system of pensions and other benefits for members of fire departments in cities having a population of more than 150,000 by the U. S. census of 1920 (Ga. L. 1924, pp. 167-173), and the several acts amendatory thereof; to repeal conflicting laws; and for other purposes.

The Committee on Local Affairs offered the following substitute:

AN ACT
To amend an Act approved August 13, 1924 (Ga. L. 1924, p. 167 et seq.) and the several Acts amendatory thereof, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000 as disclosed by the United States census of 1920, or any subsequent census, so as to provide addi tional pension benefits for members of paid fire departments of such cities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA and it is hereby enacted by authority of the same that the Act approved August 13, 1924 (Ga. Laws 1924, pp. 167-173), providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000 by the United States census of 1920, and any subsequent census, and the several Acts Amendatory thereof, be and the same is hereby further amended, as follows:
Section 1. (a) Any member of the fire department that has qualified as a fire fighter or is subject to fire fighting duties coming under the terms of this Act who is in the employment of the city prior to the effec tive date of this amendment may elect to come under the provisions of this amendment by making written application to the pension board. The applicant must agree in writing to accept the benefits and obligations of this amendment, in lieu of other pension benefits and obligations under this Act, as amended. Any member of the fire department in the employ ment of the city on the effective date of this Act who is covered under the terms of this Act as amended prior to this amendment but who does not qualify as a fire fighter or is not subject to fire fighting duties shall not be allowed to come under the provisions of this amendment but shall have their rights and obligations determined under this Act as it existed prior to this amendment or shall be allowed to transfer to the General Employees Pension Fund as it now exists.
All such members of the fire department in the employment of the city on the effective date of this Act who qualify as a fire fighter or are subject to fire fighting duties but who do not in writing agree to accept the benefits and obligations of this amendment shall have their rights and obligations determined under this Act as it existed prior to this amendment.
All regular members of the fire department of the city, eligible for participation in this Act as amended who shall be elected or employed

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after the effective date of this Act, shall be required to come under the provisions of this Act, as now amended, and shall have all rights and duties provided in the amended Act.

This amendment and the election to accept its benefits shall be predi cated upon an acknowledgment that the General Assembly in adopting this amendment reserved the right to further amend said Act and to reduce the benefits provided hereunder not to exceed the primary insur ance amount he will be eligible to receive in the event the members of the fire department of such city should ever qualify and accept the bene fits under the Federal O.A.S.I. program by reason of their employment
by such city. Provided further, that the benefits of this Act, as amended, shall in no event be reduced more than the primary insurance amount received from Federal O.A.S.I. program as a consequence of participation in said Federal O.A.S.I. program. Provided, further, that the benefits of this Act, as amended, shall in no event be reduced as a consequence of participation in said Federal O.A.S.I. program below the benefits as same existed prior to the enactment of this amendment.

(b) All members of the fire department, who shall elect to come under the terms of this amendment, must attain the age of fifty-five (55) years and shall have served 25 years, before being eligible to retire and receive the benefits, as provided by this amendment; provided, how ever, that any member of the fire department who has served twentyfive (25) years and who has attained the age of fifty (50) years may elect to retire on a reduced pension, said reduction to be one-twelfth (1/12) of three percent (3%) per month for each month the member of the fire department lacks in being fifty-five (55) years of age; provided,
further, that the provisions of this section as to age limit shall not apply to any person claiming a pension by reason of total and permanent dis ability.

(c) When such member of the fire department shall retire as a matter of right, he shall be paid thereafter a monthly pension equal to two percent (2%) of his monthly (base and service) earnings, multiplied by his years of creditable service, up to and including twenty-five (25) years, and one and one-half percent (1%%) of his monthly (base and service) earnings multiplied by the number of full years of creditable service in excess of twenty-five (25) years of creditable service. Monthly
earnings shall be the average of the highest five (5) years (base and service) salary during the term of employment.

(d) In no event shall the total pension benefits payable under this amendment, plus any primary insurance amount under the Federal O.A.S.I. program that may inure to any member of the fire department coming under the provisions of this amendment, by reason of his employ ment by such city, exceed 75% of the average monthly (base and service) salary used in computing the pension benefits under the terms of this amendment or $500.00 per month, whichever is less. Provided, however, that whenever monthly earnings as defined in this amendment, multiplied by years of creditable service at the time of retirement or death shall entitle any member of the fire department coming under the provisions of this amendment to a pension in excess of the maximum pension allow able hereunder, said member of the fire department or, beneficiary in

MONDAY, FEBRUARY 17, 1964

765

case of death of said member, shall be refunded all contributions made by him on monthly earnings in excess of monthly earnings necessary to arrive at the maximum pension allowable. No department head who elects to come under the provisions of this Act shall be entitled to receive any emeritus salary as provided by the governing authorities of any city coming within the provisions of this Act.

(e) Any person coming under the provisions of this amendment, either voluntarily or by compulsion, shall be entitled to all the other benefits, as set forth in the relevant sections of this Act, as amended, prior to this amendment; provided, however, that partial pensions and pensions for total and permanent disability or death shall be computed by the same formula as is used for computing service pensions in sub section (c) above, and provided, further, that disability or death incurred in the line of duty shall be computed by the same formula as is used for computing service pensions in sub-section (c) above, or a monthly pen sion equal to the amount he would have been eligible to receive with thirty-five (35) years service, provided the average monthly earnings used in said computations shall not be less than the salary being paid sixth year fire fighter at the time of disability or death, regardless of age and of years served, whichever is greater.

Pensions for widow as beneficiary designated under the terms of this Act, as amended, shall be one-half (%) of the amount the pensioner was receiving at time of death on service pensions, total and permanent disability pensions not in the line of duty, and death not in line of duty prior to eligibility for retirement, and three-fourths (%) on disability or death incurred in the line of duty with said fire department, of the amount the pensioner was receiving or would have received had he exercised his right to retire, and provided, further that the pension bene fits for widow shall be continued to the minor child or children (natural or legally adopted) upon the death or remarriage of the widow until the youngest child shall have become 18 years of age. Provided, however, that in no event shall the designated beneficiary receive less than she would have received under this Act, as amended, prior to this amend ment. Provided, further, that if said beneficiary of pensioner receiving service pension benefits is more than five (5) years younger than the pensioner, there shall be deducted from her pension one-twelfth (1/12) of two percent (2%) per month for each month that she is more than five (5) years younger than the pensioner; provided, however, that said reduction of one-twelfth (1/12) of two percent (2%) per month shall not apply if the beneficiary is fifty-five (55) years or more of age at the time she becomes eligible for benefits.

(f) When any person covered by the provisions of this Act shall die as a result of injuries incurred in the line of duty, the compensation to which he would have been entitled shall be continued for one year and paid to his widow or minor children (natural or legally adopted), if no widow. Any compensation received by the member due to said injury shall be deducted from the one year's compensation herein provided for. At the expiration of the one year period referred to above, the pension benefits for widow shall be computed by the same formula as set forth in sub-section (e) above. The pension benefits for widow provided by this amendment shall be continued to the minor child or children (natural or

766

JOURNAL OF THE SENATE,

legally adopted) upon the death or remarriage of the widow until the youngest child shall have become 18 years of age.

(g) Any member electing to come under this amendment shall pay into the fire department pension fund the sum of five percent (5%) of his total salary, in the event he does not provide for payment of a pen sion to this beneficiary, as authorized by this Act, as amended, or the sum of six percent (6%) of his total salary, in the event he does provide for the continuance of the pension to his beneficiary. Like payments shall be made from the salaries of future employees of the fire department required to come under this amendment.

(h) In addition to the payments required to be made in sub-section (g) above, any member of the fire department who may become a par ticipant under this amendment shall be entitled to all benefits and receive credit for all the years of his creditable service, provided he shall pay into the fund the sum of five percent (5%) of his total salary from the time his salary exceeded $300.00 per month, if he does not provide for the payment of a pension to a beneficiary, and the sum of six percent (6%) of his total salary from the time his salary exceeded $300.00 per month, if he does provide for the payment of a pension to a beneficiary. Payments previously made to the Pension Fund not exceeding the amount due the Fund shall be deducted from the total amount due in arriving at the total sum of five percent (5%) or six percent (6%).

Said total amount due may be paid at the time the member of the fire department elects to come under the terms of this amendment or in sixty (60) monthly installments from the date of his participation under this amendment, at the option of the participant to the plan. Provided, however, that the Board of Trustees of the Fund, as created under this Act, as amended, may at their discretion allow additional time for such payments to be made.

Any member of the fire department who does not elect to partici pate under this amendment within six (6) months of the effective date of this amendment, but who later elects to participate, shall be required to pay interest at the rate of four percent (4%) per annum from the effective date of this amendment to the date he elects to participate. In the event the member of the fire departmant should retire or die before said payments into the Fund are completed, the secretary of the Retire ment Fund is authorized to deduct the monthly payments from retire ment or beneficiary benefits until the obligation is discharged.

(i) This section and the several sub-sections shall be effective the first day of the month following the passage and approval of this Act, and the payments required by sub-section (g) above, as to those then employed and electing to come under this amendment, shall begin with that date. As to those subsequently coming into the service of the fire department or subsequently electing to participate under the terms of this amendment, said payments shall begin with the employment or date of such election.

(j) In addition to the Fund derived from deductions from salaries and wages, as required by sub-section (g) of this amendment, it shall be

MONDAY, FEBRUARY 17, 1964

767

the duty of the governing authorities of such cities to appropriate and pay into the Pension Fund an amount which shall be equal to the total amount of deductions from the salaries and wages paid to members of the fire department of said governing authorities, including the amounts paid into said Fund by said members of the fire department for prior creditable service, as required by sub-section (h). Provided; however, such governing authorities of such cities may delay the matching of addi tional contributions caused by the enactment of this amendment to the January 1st next following the effective date of this amendment and provided, further, that said governing authorities of such cities may match the payments for prior creditable service, as provided for in sub section (h) in annual installments over a period not to exceed twenty (20) years from the January 1st next following the effective date of this amendment. Should said Pension Fund at any time be insufficient to meet and pay the pensions due to such members of the fire department, such governing authorities shall appropriate from current funds amounts sufficient to make up the deficiency and deposit same into the fire de partment pension fund.

Section 2. All laws or parts of laws in conflict herewith are hereby repealed.

Senator Wesberry of the 37th moved that the Senate agree to the House sub stitute for SB 209.

On the motion, the ayes were 28, nays 0, and the substitute was agreed to.

The following bill was taken up for the purpose of considering a House amend ment thereto:

SB 279. By Senators Johnson of the 38th, Salome of the 36th, Wesberry of the 37th and others:
A bill to amend code section 61-302, as amended, so as to provide that in certain counties property moved away from the premises pursuant to the execution of a dispossessory warrant or process shall be placed in stor age; to repeal conflicting laws; and for other purposes.

The House amendment was as follows:

The Committee on Special Judiciary moved to amend SB 279 by in serting the words "to repeal conflicting laws", "to provide for payment of storage charges in the event that proceeds received pursuant to such sale are insufficient." By inserting, following the words "shall escheat to the funds of said court", the words "in the event that the funds de rived from said sale are insufficient to pay the cost of court and expenses, including the cost of storage, then said insufficiency shall be taxed as a cost of court and shall be collected from the person, firm or corporation swearing out the dispossessory warrant or process."

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JOURNAL OF THE SENATE,

Senator Wesberry of the 37th moved that the Senate agree to the House amendment to SB 279.

On the motion, the ayes were 29, nays 0, and the amendment was agreed to.

The following bill of the Senate was taken up for the purpose of considering the report of a Committee of Conference thereon:

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.
The report of the Committee of Conference was as follows:

The Committee of Conference offered the following report on SB 3:
The Senate agrees to the House amendment.
Kidd of the 25th Knox of the 24th Hunt of the 26th.

Senator Kidd of the 25th moved that the Senate adopt the report of the Com mittee of Conference on SB 3.

On the motion, the ayes were 34, nays 0.

The motion prevailed, and the report of the Committee of Conference was adopted.

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

HB 1147. By Messrs. Etheridge and McClelland of Fulton:
A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to authorize counties where the sale of alcoholic beverages is authorized by law and which counties have a certain population, to issue license for the sale of alco holic beverages containing less than 4 ozs.; and for other purposes.

MONDAY, FEBRUARY 17, 1964

769

The report of the committee, which was favorable to the passage of the bill, was agreed to. The following minority report was filed:

February 17, 1964
Whereas the Senate Temperance Committee has held a meeting on February 17, 1964 and considered at that time H. B. 1147 and whereas there was a majority report favorable to the passage of the bill, comes now the minority consisting of the undersigned and files this their minority report urging that said bill DO NOT PASS and as grounds for said minority report being that H. B. 1147 changes the general law deal ing with the sale of mixed drinks in 16 counties and that it authorizes the sale of mixed drinks in every one of the counties in the population brackets contained in said bill so that if the counties in those population brackets, that is in any of the 16 counties, vote to legalize the sale of liquor it would automatically authorize the governing authorities to legalize the sale of mixed drinks in said counties. The majority report of said committee is disagreed to and this minority report urges that H. B. 1147 DO NOT PASS.
Respectfully submitted,
Yancey of the 33rd
Heard of the 29th.

On the passage of the bill, the ayes were 22, nays 24.

The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Salome of the 36th gave notice that at the proper time he would move that the Senate reconsider its action on HB 1147.

SB 338. By Senator Webb of the llth:
A bill to provide that the judges shall have discretion in imposing fines for overweight and overlength violations; and for other purposes.

The report 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 1.
The bill, having received the requisite constitutional majority, was passed.
SB 319. By Senator Webb of the llth:
A bill to amend an act providing for the creation of office of Judge of the Superior Courts Emeritus, approved March 9, 1945, (Ga. L. 1945, p. 362), as amended, so as to extend the time in which a judge, in order to be eligible to receive the benefits provided by said act, may begin making the contributions required by said act; to repeal conflict ing laws; and for other purposes.

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JOURNAL OP THE SENATE,

Senator Webb of the llth offered the following amendment:

Amend SB 319 by adding in the title before the phrase "to repeal conflicting laws" the phrase "to provide that any Judge desiring to qualify under this Act shall, as a prerequisite, pay into the fund an amount equal to the payments he would have made from the date of beginning of his service as a Judge to the date of qualification under this Act, plus six per cent (6%) interest per annum on said amount;".
By adding at the end of quoted Section 9 of Section 1 a new para graph to read as follows:
"Any Judge who desires to qualify under this Act to partici pate in said fund shall, as a prerequisite to such participation, pay into the fund a sum of money equal to the contributions re quired by this Act from the date of the beginning of his service as Judge until the date said sum of money is paid into the fund. In addition to said sum of money such person shall at the same time pay into the fund an amount of money equivalent to six per cent 1(6%) simple interest on said sum of money for each year from the beginning of his service as a Judge until the date of paying the contributions into the fund."

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, was agreed to as amended.

On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Webb of the llth asked unanimous consent that SB 319 be im mediately transmitted to the House.

The consent was granted.

SB 307. By Senators Webb of the llth and Carlton of the 21st: A bill to amend Code Section 32-1901, relating to physical education and training, so as to require physical education in all public schools; to provide for implementation; to repeal conflicting laws; and for other purposes.
Senator Webb of the llth offered the following substitute:

MONDAY, FEBRUARY 17, 1964

771

A BILL

To be entitled an act to amend Code Section 32-1901, relating to physical education and training, so as to require physical education in all public schools; to provide for implementation; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Section 32-1901, relating to physical education and training, is hereby amended by striking Code Section 32-1901 in its en tirety and inserting in lieu thereof a new Code Section 32-1901 to read as follows:
"32-1901. The Georgia State Board of Education shall pre scribe a course of study in physical education for any or all grades one (1) through twelve (12) in all public schools in Georgia, which shall be devoted to instruction in health, safety, first aid, fire safety, and to supervised calisthenics and supervised sports."
Section 2. The Georgia State Board of Education shall begin the implementation of the course of study prescribed herein at the begin ning of the 1964-65 school year.
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 34, nays 0, and the sub stitute was adopted.

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

On the passage of the bill, the ayes were 28, nays 7.

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

Senator Webb of the llth asked unanimous consent that SB 307 be im mediately transmitted to the House.

The consent was granted.

772

JOURNAL OP THE SENATE,

SB 338. By Senator Webb of the llth:
A bill to amend an act approved March 27, 1941 (Ga. L. 1941, p. 449), as amended, so as to provide that in such cases the judges shall have discretion in imposing fines; to repeal conflicting laws; and for other purposes.

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

On the passage of the bill, the ayes were 33, nays 1.

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

Senator Webb of the llth asked unanimous consent that SB 338 be immedi ately transmitted to the House.

The consent was granted.

HB 1062. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens: A bill to place certain sheriffs upon an annual salary; to provide in which counties this act shall apply; to provide how said salaries shall be fixed and altered; and for other purposes.
The report 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 1.
The bill, having received the requisite constitutional majority, was passed.
HB 1026. By Messrs. Bolton of Spalding, Twitty of Mitchell, Groover of Bibb and Floyd of Chattooga: A bill to amend an act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act, so as to redefine the terms of "sale at retail", "use", "storage" and "consumption"; and for other purposes.
The report 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 17, 1964

773

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

HB 960. By Messrs. Newton of Colquitt, Coker of Cherokee, Bowen of Toombs,
Parker of Screven, Brantley of Chandler and Conner of Jeff Davis:
A bill to amend an act known as the "Georgia Agricultural Commodi ties Promotion Act", so as to provide for a change in the time limita tion for extending the referendum period; and for other purposes.

The Committee on Agriculture and Natural Resources offered the following amendment:

Amend HB 960 by adding in the title before the words "to provide the procedure connected with the foregoing", the words "to provide for definitions".

By adding a new section to be known as Section 1A to read as follows:

"Section 1A. Said act is further amended by adding at the end of paragraph (b) of Section 3 the following:
" 'For the purposes of this act, a livestock producer shall be any producer who is the owner of at least five head of any par ticular type livestock.' "

On the adoption of the Committee amendment, the ayes were 30, nays 0, and the amendment was adopted.

Senator Carter of the 14th offered the following amendment:

Amend HB 960 by deleting section 3 in its entirety and by renum bering the remaining sections appropriately.
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 as amended.
On the passage of the bill, the ayes were 33, nays 0.

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

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The following resolution was read and adopted:

SR 212. By Senator Heard of the 29th:
A resolution expressing regrets at the passing of Mrs. C. E. Plunkett; 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:

SB 200.

SR 180.

SR 185.

SR 196.

SR 200.

SR 207.

SR 208.

Respectfully submitted,

Pelham of the 10th District,

Chairman.

The following bill was taken up for the purpose of considering House action thereon:

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.

The House amendment was as follows:

Mr. Flournoy of Cobb moved to amend the Senate amendment to HB 659 as follows:

MONDAY, FEBRUARY 17, 1964

775

By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 as follows:

"Section 2. (a) From and after the passage and approval of this Act there is hereby created in Cobb County a Civil Service System or merit system of personnel administration, to be known as the Cobb County Civil Service System. All persons who receive salaries or wages in whole or in part from Cobb County may be placed under said Civil Service System except: (1) Cobb County Board of Education employees, (2) elected officials, (3) all ap pointed Boards, (4) members of Commissioners or Authorities, (5) the Cobb County Attorney, (6) part-time employees, (7) As sistant Solicitors General, (8) Chief Deputy of the Clerk of Cobb Superior Court, (9) the Chief Deputy of the Sheriff of Cobb County, (10) the Chief Deputy of the Tax Commissioner of Cobb County, (11) the Chief Deputy of the Commissioner of Roads and Reve nues of Cobb County, (12) Court Reporters for the Superior Court of Cobb County, (13) Chief Clerk in the Office of the Ordinary of Cobb County, (14) Department Heads of Cobb County, (15) Cobb County Comptroller or Director of Finance, (16) Warden of Cobb County Prison Camp, (17) any person convicted and sentenced
finally by a court of competent jurisdiction for any felony, under the laws of this or any other state, involving moral turpitude, the offense being also a felony of this State, unless restored by a pardon from the proper executive, under the great seal of the State, to all the rights of citizenship; (18) any person who has been convicted and sentenced finally by a court of competent jurisdiction of a misdemeanor involving moral turpitude within five (5) years from the effective date of this Act or within (5) years immedi ately preceding an application for Civil Service Examination, (19) and any other official expressly exempt by law."

Section 11 is amended by adding at the end thereof the following:

"provided, however, the appointment of the first members as provided for in Section 3 shall not be made until after February 1, 1965",

so that when so amended Section 11 shall read as follows:

"Section 11. The provisions of this Act shall become effective immediately after ratification in the November 1964 General Elec tion of an amendment to the Constitution of the State of Georgia authorizing the creating of the Cobb County Civil Service System; provided, however, the appointment of the first members as pro vided for in Section 3 shall not be made until after February 1, 1965."

Senator Kendrick of the 32nd moved that the Senate disagree to the House amendment to the Senate amendment to HB 659.

776

JOURNAL OP THE SENATE,

On the motion, the ayes were 28, nays 0, and the House amendment to the Senate amendment was disagreed to.

Senator Carlton of the 21st 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 18, 1964

777

Senate Chamber, Atlanta, Georgia, Tuesday, February 18, 1864.

The Senate met pursuant to adjournment this morning at 10:00 o'clock, and was called to order by the president.

Scripture reading was offered by the Reverend Roy N. Coker of Turner County.

Prayer was offered by Dr. Harry Holland, pastor, First Presbyterian Church, Marietta, 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.

Senator Coggin of the 35th moved that the Senate reconsider its action of yesterday on the following bill of the House:

HB 1147. By Messrs. Etheridge and McClelland of Fulton:
A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to authorize counties where the sale of alcoholic beverages is authorized by law and which counties have a certain population, to issue licenses for the sale of alcoholic beverages containing less than 4 ozs; and for other purposes.

On the motion to reconsider, the ayes were 32, nays 9.
The motion prevailed, and HB 1147 was placed back on the calendar.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Carlton of the 21st 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.

778

JOURNAL OP THE SENATE,

6. 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 730. By Messrs. Keyton of Thomas and Greene of Bartow:
A bill to create within the Department of Public Health a Division for Georgia Water Quality Control for the utilization of the water resources of the State; and for other purposes.

The House has passed by the requisite constitutional majority the following bills and resolution of the House to-wit:

HB 1150. By Mr. Houston of Pierce:
A bill to amend an act relating to injuring or interfering with property of communication systems; and for other purposes.

HB 1208. By Mr. Scarborough of Crawford:
A bill to amend an act known as the "Housing Authorities Act", so as to include "health centers" in the definition of the word "project"; and for other purposes.

HR 404. By Messrs. Kirkland of Tattnall, Caldwell of Upson and Fleming of Richmond :
A resolution proposing an amendment to the Constitution so as to pro vide that credit for service at Milledgeville State Hospital, or at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections which is applicable for the repayment of medical loans and scholarships shall be retroactive; and for other purposes.

HB 962. By Mr. Fleming of Richmond:
A bill to amend an act relating to the granting of bail for criminal offenses; and for other purposes.

TUESDAY, FEBRUARY 18, 1964

779

HB 1039. By Messrs. McClelland, Etheridge and Brooks of Fulton:
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, so as to make the provisions applicable to incorporated towns or incor porated cities; and for other purposes.

HB 955. By Messrs. Etheridge of Fulton and Overby of Hall:
A bill to amend an act establishing a State Employees Retirement System, so as to change the provisions relating to former employees; and for other purposes.

The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate to-wit:

HB 1225. By Messrs. Smith and Mitchell of Whitfield:
A bill relating to the charter of the City of Dalton, establishing the corporate limits of the City of Dalton; and for other purposes.

HB 1233. By Mr. White of Mclntosh:
A bill to incorporate the City of Darien, and to supersede and to repeal the Act incorporating the City of Darien; and for other purposes.

HB 1223. By Messrs. Brooks, McClelland and Etheridge of Fulton:
A bill to provide for the compensation of all professionals employed by municipalities having a certain population, so as to fix a minimum salary of all golf professionals employed by municipalities; and for other purposes.

HB 1224. By Messrs. Smith and Mitchell of Whitfield:
A bill to amend an act incorporating the City of Dalton, so as to fix the hours for which the polls shall remain open in all municipal elections; and for other purposes.

HB 1230. By Messrs. Dicus, Jones and Pickard of Muscogee:
A bill to amend the Charter of the City of Columbus, so as to change the salary of the Mayor; and for other purposes.

HB 1232. By Messrs. McClelland and Brooks of Fulton:
A bill to amend an act to provide in Fulton County a system of pension and retirement pay to teachers and employees of the Board of Educa tion; and for other purposes.

780

JOURNAL OP THE SENATE,

HB 1234. By Mr. White of Mclntosh:
A bill to vest in the tax-commissioner of certain counties all the powers and duties of sheriffs in their respective counties; and for other purposes.

HB 1218. By Mr. Smith of Forsyth:
A bill to create a Board of Commissioners of Roads and Revenues for Forsyth County to provide for elections and terms of office; and for other purposes.

HB 1235. By Messrs. Lane and Nessmith of Bulloch:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Bulloch County, so as to change the provisions relating to clerical help; and for other purposes.

HB 1229. By Messrs. Teague, Flournoy and Wilson of Cobb:
A bill to amend an act creating a Commissioner of Roads and Revenues for Cobb County, so as to change the provisions relating to the oath and bond of the Commissioner; and for other purposes.

HB 1206. By Messrs. Hull of Richmond, Towson of Laurens and Lambert of Morgan:
A bill to amend an act relating to the joinder of claims by or against different persons, so as to provide for the joinder of parties plaintiff or defendant in one action where any asserted right pertains to or arises out of the same transaction; and for other purposes.

HB 1201. By Messrs. Rhodes of Baker, Clarke of Monroe, and others:
A bill to amend an act affecting a complete revision of the laws of this State relating to the qualification and registration of voters, so as to provide residential requirements for voters; and for other purposes.

HB 1180. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act providing for a system of junior colleges in this State, so as to repeal Section 4 of said act requiring approval by the Board of Regents prior to the establishment of a junior college or col leges; and for other purposes.

HB 1248. By Mr. Cullens of Bartow:
A bill to amend an act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Com mission, so as to change the Director of the State Game and Fish Com mission; and for other purposes.

TUESDAY, FEBRUARY 18, 1964

781

HB 889. By Messrs. Steis of Harris, Floyd of Chattooga and Smith of Whitfield:
A bill to amend an act so as to extend the homestead exemption for dis abled veterans to those veterans suffering from paraplegia or permanent paralysis resulting from multiple sclerosis; and for other purposes.

HR 400. By Messrs. Steis of Harris, Floyd of Chattooga and Smith of Whitfield:
A resolution proposing an amendment to the Constitution so as to extend the homestead exemption for disabled veterans to those veterans suffer ing from paraplegia or permanent paralysis resulting from multiple sclerosis; and for other purposes.

HB 1215. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and others:
A bill to amend an act creating the Legislative Services Committee and the Office of Legislative Counsel, so as to provide for the designation and assignment of space for the Legislative Branch of the Government and the control, authority and jurisdiction thereof; and for other purposes.

HB 1143. By Messrs. Ware of Troup and Bedgood of Clarke:
A bill to authorize the governing authority of any county or municipality in this State to order the destruction of records with the concurrence of the Secretary of State and the Director of the Dept. of Archives and History; and for other purposes.

HB 1091. By Messrs. Causby of Gordon and Meeks of Union:
A bill to amend an act creating the Georgia Historical Commission, so as to increase the membership of the Board of Commissioners; and for other purposes.

HB 1076. By Messrs. Mackay of DeKalb, Barber of Jackson, Jones of Muscogee, and others:
A bill to create the Georgia Art Commission, to provide for the compo sition; and for other purposes.

HB 1071. By Mr. Mitchell of Whitfield:
A bill to amend an act authorizing municipalities and counties to pro vide and maintain recreation systems; and for other purposes.

HB 1068. By Messrs. Bolton of Spalding, Smith of Grady, and others:
A bill to amend an act authorizing the chartering and empowering of corporations, and amending present corporation laws; and for other purposes.

782

JOURNAL OF THE SENATE,

HB 1061. By Messrs. Jones of Worth, Conner of Jeff Davis and Fowler of Douglas:
A bill to amend an act relating to motor vehicle liability insurance requirements and uninsured motor vehicle coverage; and for other purposes.

HB 932. By Messrs. Ware of Troup, Vaughn of Rockdale, and others: A bill to amend an act providing for the giving of security by owners and operators of motor vehicles; and for other purposes.
HB 697. By Messrs. Bell, Fleming and Hull of Richmond: A bill to amend Code Chapter 74-1, Legitimate Children, so as to provide that all children conceived in wedlock by means of artificial insemina tion shall be legitimate when the husband and wife consent in writing to the use of artificial insemination; and for other purposes.

HB 859. By Messrs. Scarborough of Crawford, Lee of Dougherty and others: A bill to repeal an act relating to county tax for roads; and for other purposes.
HR 439. By Mr. Clarke of Monroe: A resolution to designate the "Maynard Mill Bridge"; and for other purposes.
HB 1045. By Mr. Caldwell of Upson: A bill to amend an act relating to the mode of service of process; and for other purposes.
HR 503. By Mr. Underwood of Taylor: A resolution authorizing the conveyance of certain property in Taylor County; and for other purposes.
HR 453. By Mr. Etheridge of Fulton: A resolution authorizing the conveyance of a certain tract of land to Atlanta-DeKalb Industrial Park, Inc.; and for other purposes.

HR 494. By Messrs. Stalnaker and Peterson of Houston:
A resolution authorizing the conveyance of a certain tract of land located in Houston County to Houston County; and for other purposes.

TUESDAY, FEBRUARY 18, 1964

783

HR 497. By Messrs. Towson and Knight of Laurens:
A resolution authorizing the conveyance of certain property in Laurens County to the Laurens County Board of Education; and for other purposes.

HR 484. By Messrs. Bell, Fleming and Hull of Richmond:
A resolution authorizing the Governor on behalf of the State of Georgia to convey to the City Council of Augusta an easement for certain pur poses; and for other purposes.

HB 843. By Mr. Rowland of Johnson:
A bill to amend an act known as the "Unemployment Compensation Act", by extending the time for the expenditure of moneys paid into the Un employment Compensation Fund pursuant to Section 903 of the Federal Social Security Act; and for other purposes.

HB 958. By Mr. Rowland of Johnson:
A bill to provide an appropriation pursuant to the provisions of Section 9 and 13 of the Employment Security Law, of additional funds which are otherwise available to the Department of Labor of Georgia; and for other purposes.

HB 963. By Messrs. Bowen of Toombs, Matthews of Colquitt, Fowler of Treutlen, Simpson of Wheeler, and others:
A bill to amend an act entitled "Uniform Act regulating Traffic on Highways", so as to change the maximum speed limit of trucks, and truck-tractors and trailers; and for other purposes.

The House has passed by substitute the following bill of the Senate:
SB 123. By Senators Broun of the 46th, Pennington of the 45th and others: A bill to promote the safety, convenience and enjoyment of public travel and the free flow of intrastate and interstate commerce; and for other purposes.
The following bill and resolutions were introduced, read the first time, and referred to committees:

HB 1224. By Messrs. Smith and Mitchell of Whitfield:
A bill to amend an act incorporating the City of Dalton in the County of Whitfield, so as to fix the hours for which the polls shall remain open in all municipal elections; and for other purposes.
Referred to Committee on County and Municipal Governments.

784

JOURNAL OF THE SENATE,

HB 1225. By Messrs. Smith and Mitchell of Whitfield:
A bill to amend an act relating to the charter of the City of Dalton, establishing the corporate limits of the City of Dalton and relating to land lots 143 and 162; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1229. By Messrs. Teague, Flournoy and Wilson of Cobb:
A bill to amend an act creating a Commissioner of Roads and Revenues for Cobb County, so as to change the provisions relating to the oath and bond of the commissioner; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1230. By Messrs. Dieus, Jones and Pickard of Muscogee:
A bill to amend the charter of the City of Columbus, so as to change the salary of the mayor; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1232. By Messrs. McClelland and Brooks 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 Educa tion, so as to provide additional pension benefits; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 439. By Mr. Clarke of Monroe:
A resolution to designate the "Maynard Mill Bridge"; and for other purposes.
Referred to Committee on Highways.

HB 1143. By Messrs. Ware of Troup and Bedgood of Clarke:
A bill to authorize the governing authority of any county or municipality in this State to order the destruction of records with the concurrence of the Secretary of State and the Director of the Dept. of Archives and History and for other purposes.
Referred to Committee on Judiciary.

HB 1215. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, and others:
A bill to amend an act creating the Legislative Services Committee and the Office of Legislative Counsel, so as to provide for the designation

TUESDAY, FEBRUARY 18, 1964

785

and assignment of space for the Legislative Branch of the Government and the control, authority and jurisdiction thereof; and for other purposes.
Referred to Committee on Rules.

HB 1218. By Mr. Smith of Forsyth:
A bill to create a Board of Commissioners of Roads and Revenues for Forsyth County; to provide for elections and terms of office; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1223. By Messrs. Brooks, McClelland and Etheridge of Fulton:
A bill to amend an act providing for the compensation of all profes sionals employed by municipalities having a population of 300,000 or more, so as to fix a minimum salary of all golf professionals employed by such municipalities; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1068. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an Act authorizing the chartering and empowering of corporations, and amending present corporation laws, so as to provide that the Secretary of State shall accept for file and record only those documents suitable for reproduction; and for other purposes.
Referred to Committee on Rules.
HB 1071. By Mr. Mitchell of Whitfield:
A bill to amend an act authorizing municipalities and counties to pro vide and maintain recreation systems, so as to authorize joint action by municipalities and counties or combination thereof; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1076. By Messrs. Mackay of DeKalb, Barber of Jackson, Jones of Muscogee, Harris of DeKalb, Killian of Glynn and Matthews of Clarke: A bill to create the Georgia Art Commission; to provide for the com position of the Commission; and for other purposes.
Referred to Committee on Rules.
HB 1091. By Messrs. Causby of Gordon and Meeks of Union: A bill to amend an act creating the Georgia Historical Commission, so

786

JOURNAL OP THE SENATE,

as to increase the membership of the Board of Commissioners; and for other purposes.
Referred to Committee on Rules.

HB 697. By Messrs. Bell, Fleming and Hull of Richmond:
A bill to amend code chapter 74-1 entitled, Legitimate Children, so as to provide that all children conceived in wedlock by means of artificial insemination shall be legitimate when the husband and wife consent to the use of artificial insemination; and for other purposes.
Referred to Committee on Judiciary.

HB 859. By Messrs. Scarborough of Crawford, Lee of Dougherty, Mixon of Irwin and Fleming of Richmond:
A bill to repeal an act relating to county tax for roads; and for other purposes.
Referred to Committee on Banking and Finance.

HB 932. By Messrs. Ware of Troup, Vaughn of Rockdale, Rhodes of Baker, Jones of Worth, Fowler of Douglas: A bill to amend an act providing for the giving of security by owners and operators of motor vehicles, so as to change the minimum amount of damages to property or person resulting from an acciednt, requiring the filing of a report of the accident causing such damages; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 1061. By Messrs. Jones of Worth, Conner of Jeff Davis and Fowler of Douglas: A bill to amend an act relating to motor vehicle liability insurance re quirements and uninsured motor vehicle coverage; to provide minimum limits for uninsured motor vehicle coverage, and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HR 484. By Messrs. Bell, Fleming and Hull of Richmond: A resolution authorizing the Governor on behalf of the State of Georgia to the City Council of Augusta an easement for certain purposes; and for other purposes.
Referred to Committee on Rules.
HR 453. By Mr. Etheridge of Fulton: A resolution authorizing the conveyance of a certain tract of land to

TUESDAY, FEBRUARY 18, 1964

787

Atlanta-DeKalb Industrial Park, Inc.,; and for other purposes. Referred to Committee on County and Municipal Governments.

HR 494. By Messrs. Stalnaker and Peterson of Houston:
A resolution authorizing the conveyance of a certain tract of land located in Houston County to Houston County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 497. By Messrs. Towson and Knight of Laurens:
A resolution authorizing the conveyance of certain property in Laurens County to the Laurens County Board of Education; and for other pur poses.
Referred to Committee on County and Municipal Governments.

HR 503. By Mr. Underwood of Taylor:
A resolution authorizing the conveyance of certain property in Taylor County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1208. By Mr. Scarborough of Crawford:
A bill to amend an act known as the "Hospital Authorities Act", so as to include "health centers" in the definition of the word "project"; and for other purposes.
Referred to Committee on Health and Welfare.

HB 1248. By Mr. Cullens of Bartow:
A bill to amend an act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Pish Com mission, so as to change the Director of the State Game and Fish Com mission; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HR 404. By Messrs. Kirkland of Tattnall, Caldwell of Upson and Fleming of Richmond:
A resolution proposing an amendment to the Constitution so as to pro vide that credit for service at Milledgeville State Hospital, or at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections which is applicable for the repayment of medical loans and scholarships shall be retroactive; and for other purposes.
Referred to Committee on Rules.

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JOURNAL OP THE SENATE,

HR 400. By Messrs. Steis of Harris, Ployd of Chattooga and Smith of Whitfield:
A resolution proposing an amendment to the Constitution so as to extend the homestead exemption for disabled veterans to those veterans suffer ing from paraplegia or permanent paralysis resulting from multiple sclerosis; and for other purposes.
Referred to Committee on Defense and Veteran Affairs.

HB 843. By Mr. Rowland of Johnson:
A bill to amend an act known as the "Unemployment Compensation Act", by extending the time for the expenditure of moneys paid into the Unemployment Compensation Fund pursuant to Section 903 of the Fed eral Social Security Act; and for other purposes.
Referred to Committee on Rules.

HB 958. By Mr. Rowland of Johnson:
A bill to provide an appropriation, pursuant to the provisions of section 9 and 13 of the Employment Security Law, of additional funds which are otherwise available to the Department of Labor of Georgia; and for other purposes.
Referred to Committee on Rules.

HB 962. By Mr. Fleming of Richmond:
A bill to amend an act relating to the granting of bail for criminal offense; and for other purposes.
Referred to Committee on Judiciary.

HB 955. By Messrs. Etheridge of Fulton and Overby of Hall:
A bill to amend an act establishing a State Employees Retirement System, so as to change the provisions relating to former employees; and for other purposes.
Referred to Committee on Rules.

HB 963. By Messrs. Bowen of Toombs, Matthews of Colquitt, Fowler of Treutlen,
Simpson of Wheeler and others: A bill to amend an act entitled "Uniform Act regulating Traffic on Highways", so as to change the maximum speed limit of trucks, and truck-tractors and trailers; and for other purposes.
Referred to Committee on Highways.

TUESDAY, FEBRUARY 18, 1964

789

HB 1039. By Messrs. McClelland, Etheridge and Brooks of Pulton:
A bill making provisions for coverage of certain officers and em ployees of political subdivisions of the State under the Old Age and Survivors Insurance provisions of Title II of the Federal Social Security Act, so as to make the provisions applicable to incorporated towns or incorporated cities; and for other purposes.
Referred to Committee on Educational Matters.

HB 730. By Messrs. Keyton of Thomas and Greene of Bartow:
A bill to create within the Department of Public Health a Division of Georgia Water Quality Control for the utilization of the water resources of the State; and for other purposes.
Referred to Committee on Health and Welfare.

HB 889. By Messrs. Steis of Harris, Floyd of Chattooga and Smith of Whitfield:
A bill to amend an act so as to extend the homestead exemption for dis abled veterans to those veterans suffering from paraplegia or perma nent paralysis resulting from multiple sclerosis; and for other purposes.
Referred to Committee on Defense and Veterans' Affairs.

HB 1045. By Mr. Caldwell of Upson:
A bill to amend an act relating to the mode of service of process; and for other purposes.
Referred to Committee on Judiciary.

HB 1180. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act providing for a system of junior colleges in this State, so as to repeal section 4 of said act requiring approval by the Board of Regents prior to the establishment of a junior college or col leges; and for other purposes.
Referred to Committee on Educational Matters.

HB 1201. By Messrs. Rhodes of Baker, Clarke of Monroe and others:
A bill to amend an act affecting a complete revision of the laws of this. State relating to the qualification and registration of voters, so as to provide residential requirements for voters; and for other purposes.
Referred to Committee on Rules.

HB 1206. By Messrs. Hull of Richmond, Towson of Laurens and Lambert of Morgan:
A bill to amend an act relating to the joinder of claims by or against

790

JOURNAL OF THE SENATE,

different persons, so as to provide for the joinder of parties plaintiff or defendant in one action where any asserted right pertains to or arises out of the same transaction; and for other purposes.
Referred to Committee on Judiciary.

HB 1233. By Mr. White of Mclntosh: A bill to incorporate the City of Darien, and to supersede and to repeal the act incorporating the City of Darien; and for other purposes.
Referred to Committee on County and Municipal Governments.
HB 1234. By Mr. White of Mclntosh: A bill to vest in the tax-commissioner of certain counties all the powers and duties of sheriffs in their respective counties; and for other pur poses.
Referred to Committee on County and Municipal Governments.

HB 1235. By Messrs. Lane and Nessmith of Bulloch:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Bulloch County, so as to change the provisions relating to clerical help; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1150. By Mr. Houston of Pierce: A bill to amend an act relating to injuring or interfering with property of communication systems; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
The following bills and resolutions were read the second time:

SB 359. By Senators Fuqua of the 22nd and Scott of the 23rd:
A bill to amend an act entitled "An Act to regulate public instruction in the County of Richmond", so as to change the terms of office of the President and Vice-President; and for other purposes.
SB 360. By Senator Knox of the 24th:
A bill governing and regulating the use of the public roads and highways of this State, so as to provide for special blanket permits; to allow cer tain vehicles to exceed the width limitations; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 18, 1964

791

$ SR 211. By Senator Pennington of the 45th:

I5

A resolution relative to the Agriculture and Natural Resources Com

mittee; and for other purposes.

HB 1122. By Messrs. McClelland and Brooks of Fulton:
A bill to amend the act providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities; and for other purposes.

HB 1188. By Mr. Steis of Harris:
A bill to amend an act fixing the compensation of the members of the Board of Commissioners of Roads and Revenues of Harris County, so as to change the compensation of the members; and for other purposes.

HB 1189. By Messrs. Moore and Dean of Polk:
A bill to amend an act placing certain officers of Polk County on a salary basis, so as to change the salary of the ordinary of Polk County; and for other purposes.

HB 1190. By Mr. Wells of Peach:
A bill to amend an act amending, revising and consolidating the several acts granting corporate authority to Fort Valley, so as to change the provisions of the charter relating to the hours of holding municipal elections; and for other purposes.

HB 1191. By Mr. Bowen of Dawson:
A bill to amend an act incorporating the City of Dawsonville, so as to provide for the election of the mayor and four councilmen; and for other purposes.

HB 1193. By Mr. Leonard of Murray:
A bill to amend an act creating a one-member Board of Commissioners of Roads and Revenues of Murray County, so as to change the compensa tion of the commissioner; and for other purposes.

HB 1195. By Messrs. House, Groover and Laite of Bibb and Roberts of Jones:
A bill to amend an act reenacting the charter of the City of Macon, relating to registration of voters; and for other purposes.

HB 1196. By Mr. Stuckey of Dodge: A bill to amend, revise and supersede the act incorporating the Town

792

JOURNAL OP THE SENATE,

of Empire; to create a new charter to change the name from Town of Empire City to City of Empire; and for other purposes.

HB 1197. By Mr. Carr of Washington:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Washington, so as to change the provi sions relating to the compensation of the Commissioners of Roads and Revenues; and for other purposes.

HB 1198. By Mr. Herndon of Appling:
A bill to abolish the present mode of compensating certain offices of Appling County, known as the fee system; to provide in lieu thereof annual salaries for such offices; and for other purposes.

HB 1199. By Messrs. Groover, House and Laite of Bibb:
A bill to amend an act relating to the Municipal Court of the City of Macon so as to create in lieu thereof a Civil Court of Bibb County; to provide for automatic dismissal of inactive actions; and for other purposes.

HB 1200. By Messrs. Groover, House and Laite of Bibb:
A bill to amend an act relating to the Municipal Court of the City of Macon so as to create in lieu thereof a Civil Court of Bibb County; to define its jurisdiction as to use of microfilm photographic equipment; and for other purposes.

HB 1202. By Mr. Bagby of Paulding:
A bill to provide the compensation for the tax commissioner in counties having a population of not less than 13,100 and not more than 13,150; and for other purposes.

HB 1203. By Mr. Bagby of Paulding:
A resolution to place the clerk of the superior court, the sheriff and the ordinary in counties having a population of not less than 13,100 and not more than 13,150, on a salary basis in lieu of a fee basis; and for other purposes.

HB 1204. By Mr. Bagby of Paulding:
A bill to provide the compensation of the Commissioner of Roads and Revenues in counties having a population of not less than 13,100 and not more than 13,150; and for other purposes.

TUESDAY, FEBRUARY 18,1964

793

HB 1205. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act providing a salary for the official court reporter for the Stone Mountain Judicial Circuit; and for other purposes.

HB 1209. By Mr. Smith of Camden:
A bill to amend section 4 of an act creating a new charter for the City of St. Marys, County of Camden, so as to provide for the election of a Mayor for a term of two years in lieu of one year; and for other purposes.

HB 1210. By Messrs. Snow and Abney of Walker:
A bill to create the Walker County Development Authority; and for other purposes.

HB 1211. By Messrs. Groover, House and Laite of Bibb:
A bill to amend an act entitled "Macon Water Commissioners' Em ployees' Retirement Pay", to provide for increased contributions by members of such pension plan; and for other purposes.

HB 1216. By Messrs. Storey and Morgan of Gwinnett:
A bill to amend an act establishing the charter of the Town of Snellville, so as to enlarge the corporate limits of the Town of Snellville; and for other purposes.

HR 481. By Messrs. McClelland, Etheridge and Brooks 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.

HB 916. By Mr. Groover of Bibb:
A bill to amend an act known as the "Old Age Assistance Act", so as to allow applicants or recipients for Old Age Assistance to have life insurance not to exceed the face value of one thousand dollars; and for other purposes.

HB 989. By Messrs. Caldwell of Upson, Shea of Chatham, Rowland of Johnson and others:
A bill to amend an act providing retirement benefits for the clerks of the superior courts of Georgia, so as to increase the contributions re quired of clerks of the superior courts to be paid into the retirement fund; and for other purposes.

794

JOURNAL OP THE SENATE,

HB 991. By Messrs. Caldwell and Echols of Upson, Shea of Chatham, Rowland of Johnson, Laite of Bibb and others:
A bill to amend an act providing for retirement benefits for the clerks of the superior courts, so as to change the membership of the board of commissioners of the superior court clerks' retirement funds; and for other purposes.

HB 1081. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, and Andrews of Stephens:
A bill to amend an act known as the General Appropriations Act, so as to provide that the Board of Education, with the approval of the Budget Bureau, may use a certain amount of educational funds for the purpose of establishing a program for mentally retarded, educable, blind chil dren; and for other purposes.

HB 1100. By Mr. Bowen of Randolph:
A bill to amend an act relating to the writ of quo warranto, so as to provide the method of service of process in any quo warranto proceed ing; and for other purposes.

HB 969. By Messrs. Lowrey of Floyd, Steis of Harris, Lewis of Wilkinson and others:
A bill to amend an act creating a Department of Public Safety, so as to change the compensation of the Director of Public Safety; and for other purposes.

HR 397. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A resolution creating a committee for the purpose of studying industrial safety; and for other purposes.

Mr. President:

Your Committee of the whole Senate has had under consideration HB 950 and recommends that same do pass.
Hugh Gillis, Chairman.

Mr. Rowan of the 8th District, Chairman of the Committee on Rules, sub mitted the following report:

Mr. President:

TUESDAY, FEBRUARY 18, 1964

795

Your Committee on Rules 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 792. Do Pass. HB 1064. Do Pass. HB 525. Do Pass. HR 409. Do Pass. HR 406. Do Pass. SR 189. Do Pass. HB 155. Do Pass. SR 199. Do Pass. SR 202. Do Pass. SB 353. Do Pass. SB 331. Do Pass.
Respectfully submitted, Rowan of 8th 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 House and has instructed me as secretary, to report the same back to the Senate with the following recommendations:
HR 493. Do Pass, as Amended. HB 1005. Do Pass. SB 321. Do Pass, as Amended. SB 349. Do Pass. HB 1089. Do Pass. HB 1067. Do Pass. HB 1065. Do Pass.
Respectfully submitted, Carter of 14th District, Secretary.

796

JOURNAL OF THE SENATE,

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 341. Do Pass, as Amended.
HB 949. Do Pass.
Respectfully submitted,
Fuqua of 22nd 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 had 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 313. Do Pass.
HB 1000. Do Pass.
HB 1001. 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 House and has instructed me as Chairman, to report the

TUESDAY, FEBRUARY 18, 1964

797

same back to the Senate with the following recommendation: HB 1063. Do Pass. Respectfully submitted, Kendrick of 32nd District, Chairman.

Mr. Plunkett of the 30th District, Chairman of the Committee on Penal and Correctional Affairs, submitted the following report:

Mr. President:

Your Committee on Penal and Correctional Affairs had had under considera tion 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 1107. Do Pass. HB 827. Do Pass.
Respectfully submitted, Plunkett of 30th 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 936. Do Pass.
HB 939. 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:

798

JOURNAL OP THE SENATE,

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 360. Do Pass.
Respectfully submitted,
Loggins of 53rd 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 850. Do Pass.
HB 1015. Do Pass.
HB 162. Do Pass, as Amended.
Respectfully submitted,
Miller of 50th 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 resolutions 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 286. Do Pass, as Amended.
SB 340. Do Pass.
SB 345. Do Pass.
SB 348. Do Pass.
SB 350. Do Pass.
SB 351. Do Pass.
SB 352. Do Pass.

TUESDAY, FEBRUARY 18, 1964

799

SB 356. Do Pass. SR 203. Do Pass. HB 11. Do Pass, as Amended. HB 12. Do Pass, as Amended. HB 13. Do Pass, as Amended. HB 14. Do Pass, as Amended. HB 15. Do Pass, as Amended. HB 16. Do Pass, as Amended. HB 509. Do Pass. HB 704. Do Pass. HB 711. Do Pass, as Amended. HB 722. Do Pass. HB 880. Do Pass, as Amended. HB 881. Do Pass, as Amended. HB 997. Do Pass. HB 998. Do Pass. HB 1021. Do Pass. HB 1031. Do Pass. HB 1032. Do Pass. HB 1033. Do Pass. HB 1037. Do Pass. HB 1044. Do Pass. HB 1048. Do Pass. HB 1051. Do Pass. HB 1069. Do Pass. HB 1070. Do Pass. HB 1073. Do Pass. HB 1077. Do Pass. HB 1078. Do Pass. HB 1092. Do Pass. HB 1093. Do Pass. HB 1094. Do Pass. HB 1095. Do Pass. HB 1096. Do Pass.

800

JOURNAL OF THE SENATE,

HB 1097. Do Pass. HB 1098. Do Pass. HB 1099. Do Pass. HB 1101. Do Pass. HB 1102. Do Pass. HB 1103. Do Pass. HB 1105. Do Pass. HB 1106. Do Pass. HB 1110. Do Pass. HB 1112. Do Pass. HB 1113. Do Pass. HB 1114. Do Pass, as Amended. HB 1115. Do Pass. HB 1116. Do Pass. HB 1118. Do Pass. HB 1121. Do Pass. HB 1124. Do Pass. HB 1125. Do Pass. HB 1126. Do Pass. HB 1127. Do Pass. HB 1128. Do Pass. HB 1129. Do Pass. HB 1130. Do Pass. HB 1131. Do Pass. HB 1132. Do Pass. HB 1023. Do Pass. HB 1133. Do Pass. HB 1134. Do Pass. HB 1135. Do Pass. HB 1136. Do Pass. HB 1144. Do Pass. HB 1145. Do Pass.
HB 1152. Do Pass.

TUESDAY, FEBRUARY 18, 1964

801

HB 1153. Do Pass. HB 1154. Do Pass. HB 1155. Do Pass. HB 1156. Do Pass. HB 1158. Do Pass. HB 1159. Do Pass. HB 1161. Do Pass. HB 1162. Do Pass. HB 1165. Do Pass. HB 1166. Do Pass. HB 1167. Do Pass. HB 1168. Do Pass. HB 1169. Do Pass. HB 1170. Do Pass. HB 1173. Do Pass. HB 1174. Do Pass. HB 1175. Do Pass. HB 1177. Do Pass. HB 1182. Do Pass. HB 1184. Do Pass. HB 1185. Do Pass. HB 1186. Do Pass. HB 1088. Do Pass. HB 1139. Do Pass. HB 1151. Do Pass, by Substitute. HR 433. 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:

802

JOURNAL OF THE SENATE,

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 311. Do Pass. SB 327. Do Pass. HB 542. Do Pass, as Amended. HB 867. Do Pass. HB 931. Do Pass. HB 944. Do Pass. HB 541. Do Pass. HB 1056. Do Pass.
Respectfully submitted, Smalley of 28th 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 286. By Senators Kendrick of the 32nd and Yancey of the 33rd:
A bill to amend an act amending, revising, consolidating and superseding the several acts incorporating the Town of Austell, and reincorporating said Town as a city, approved Aug. 17, 1929, (Ga. L. 1929, p. 862), as amended, so as to extend the corporate limits; to redefine the wards of said city; to repeal conflicting laws; and for other purposes.

The Committee on County and Municipal Governments offered the following amendments:

Amend SB 286 by adding in the Title immediately after the words "as amended" the following: "particularly by an Act approved March 17, 1959 (Ga. Laws 1959, p. 3142)", and immediately before the phrase "to repeal conflicting laws" the following: "to change the compensation of the Mayor and Councilmen;".
By renumbering Section 3 as Section 5, and by adding between Section 2 and renumbered Section 5 the following:
"Section 3. Said Act is further amended by striking from Section 8 the following: 'three hundred ($300.00) dollars per annum', and sub stituting in lieu thereof the following: 'five hundred ($500.00) dollars per annum', so that when so amended, Section 8 shall read as follows:

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'Section 8. Be it further enacted by the authority aforesaid, that said city shall be laid off into four wards, as above provided, and that one councilman shall be elected from each ward at the next annual election by the qualified voters of said city, and two councilmen shall be elected at the next annual election from the
city at large, whose compensation shall not exceed five hundred ($500.00) dollars per annum, which shall be fixed by the mayor and council, but shall not be increased or diminished during the term for which said member is elected; and no person shall be eligible to represent, in the city council, any ward, unless he be a bona fide resident of such ward except as hereinafter provided. The term of office of each councilman shall be two years, except, of the six councilmen elected, three shall serve one year and three two years, and there shall be an election annually thereafter for the election of three councilmen to fill the places of three councilmen whose terms expire at the end of the year; it being the purpose of this section to provide that the election for councilmen shall be annually, so that one half shall go out each year. Provided, that at the first election for council members after this charter becomes effective, the ballot shall state which of the six council members are to hold office for one year, and which are to hold office for two years, and provided that the ballot shall specify which of one councilmen from the city at large is to hold office for the year and which is to hold office for two years.'

"Section 4. Said Act is further amended by striking from Section 16 the following: 'six hundred dollars ($600.00) per annum' and sub stituting in lieu thereof the following: 'one thousand dollars ($1,000.00) per annum', so that when so amended, Section 16 shall read as follows:

'Section 16. Be it further enacted, that the mayor shall re ceive a salary, not to exceed one thousand dollars ($1,000.00) per annum, to be fixed by the city council at such sum, not exceeding said amount, as the council may deem commensurate with the services performed by the mayor. The mayor shall be the chief executive officer of said city and see that the ordinances, by-laws, rules, and orders of the city council are faithfully executed. He shall have control of the marshal and police force of said city, and may appoint special officers to be known as deputy marshals when ever he may deem it necessary for the protection of persons or property or either and for the preservation of peace and good order of said city. He shall preside at all meetings of the city council, and shall have the veto power and may veto any ordinances, orders, or resolutions of the city council, in which event, the same shall not become a law or enforceable unless subsequently passed over his veto, after considering his reasons for the same by a vote of at least four councilmen on a yea and nay vote duly recorded in the minutes of said council; provided, however, the mayor shall not exercise his power of veto unless he shall reduce the same to writing and file same with the clerk of said city within four days after the measure vetoed. All city employees under the jurisdiction of the mayor and council shall be directly and immediately subject to the mayor, and he shall have the right to remove any employee by written order upon the cause, said order to be subject to the approval or rejection of the city council at their next regular meet-

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ing after the passage or issuance of said order by the mayor. The mayor shall have general supervision over the affairs of said city. He shall have power and authority to convene the city council in extra session whenever he deems it proper so to do, and he shall have vested in him all the powers and duties as are vested by gen eral laws in the mayor of this State.' "

Amend SB 286 by striking from Section 31, which Section is quoted in Section 1 of said Bill, that paragraph which reads as follows:

" 'All that tract or parcel of land lying and being in Land Lots No. 19, 20, 94, 95, 97, 98, 135, and 136 of the 18th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows:",

and substituting in lieu thereof a new paragraph to read as follows:

" 'All that tract or parcel of land lying and being in Land Lots No. 94, 95, 96, 97, 98, 135, 136, and 137 of the 18th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows:"

The amendments were adopted.

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

On the passage of the bill, the ayes were 31, nays 0.

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

SB 340. By Senators Johnson of the 42nd, Conway of the 41st, McWhorter of the 43rd and Wesberry of the 37th:
A bill to provide for the use of voting recorders and tabulating machines for recording and computing votes at all elections, in any county in Georgia having a certain population, by action of the county commis sioners of any such 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 30, nays 0.

TUESDAY, FEBRUARY 18, 1964

805

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

SB 345. By Senators Phillips of the 27th and Hunt of the 26th: A bill to authorize Bibb County to enter into agreements with any municipality within the limits of Bibb County for the construction and maintenance of any public streets, roads, bridges, sidewalks, curbings, gutters and related facilities located within the limits of the County of Bibb; to provide the procedure connected therewith; to repeal con flicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 348. By Senators Maclntyre of the 40th, Coggin of the 35th, Salome of the 36th and others: A bill to amend an act creating a new charter for the City of East Point in the County of Fulton, approved August 19, 1912, (Ga. L. 1912, p. 862), as amended, so as to provide for a secretary for the mayor; to prescribe the procedure connected with her employment; 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.
SB 356. By Senators Maclntyre of the 40th, Brewer of the 39th, Salome of the 36th and others: A bill establishing a new charter for the City of East Point in the county of Fulton; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.

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JOURNAL OP THE SENATE,

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

SR 203. By Senator Gayner of the 5th:
A resolution authorizing and directing the State Librarian to furnish certain law books for the judge of the Brunswick Judicial Circuit; and for other purposes.

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

On the adoption of the resolution, the ayes were 31, nays 0.

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

SB 350. By Senators Salome of the 36th, Coggin of the 35th and Wesberry of the 37th:
A bill to amend an act providing for the retirement of judges of the Civil Court of Pulton County and others, approved Jan. 21, 1946 (Ga. L. 1946, p. 299), so as to allow additional time for payments into said retirement fund by such persons who qualify for participation; 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 351. By Senators Wesberry of the 37th, Salome of the 36th, Coggins of the 35th and others:
A bill to provide for the use of voting recorders and tabulating machines at all 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.

TUESDAY, FEBRUARY 18, 1964

807

SB 352. By Senator Harrison of the 48th:
A bill to amend an act incorporating the City of Commerce in the County of Jackson, approved August 17, 1909, (Ga. Laws 1909, p. 655), as amended, so as to add two new members to the Board of Education of said city for a specified length of time; to provide an Education Study Commission 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 30, nays 0.

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

HB 704. By Messrs. Brooks and Etheridge of Fulton: A Bill to amend an Act establishing a new charter for the City of Atlanta, providing for the disposal of surplus water works 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 722. By Messrs. Etheridge, Brooks and McClelland of Fulton:
A Bill to abolish the office of Coroner of Fulton County; to create the office of Medical Examiner of Fulton County, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.

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

HB 907. By Mr. Milhollin of Coffee:
A Bill to amend an Act known as the "Revenue Tax Act" to Legalize and Control Alcoholic Beverages and Liquors as pertains to Coffee County, and for other purposes.

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JOURNAL OF THE SENATE,

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

On the passage of the bill, the ayes were 31, nays 0.

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

HB 951. By Mr. Johnson of Elbert:
A Bill to amend an Act providing compensation for the Judge of the Superior Court of the Northern Judicial Circuit, so as to provide that Elbert County shall pay a supplemental salary to the Judge of the Superior Court of the Northern Judicial Circuit and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 0.

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

HB 997. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A Bill to provide that in counties having a population of 500,000 or more, the Judges of the Superior Court shall be authorized and em powered to appoint a jury clerk to serve at the pleasure of said Judges, and for other purposes.

The report 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 998. By Mr. Poss of Madison: A Bill to provide that it will be unlawful for the owner or person in possession of land in certain counties to have or maintain an abandoned open well or hole; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, FEBRUARY 18, 1964

809

On the passage of the bill, the ayes were 31, nays 0.

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

HB 1021. By Mr. Lokey of McDuffie: A Bill to amend an Act revising, consolidating and superseding the several Acts incorporating the Town of Thomson, and reincorporating the Town or Corporation as the City of Thomson, so as to increase the corporate limits of the City of Thomson; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1031. By Mr. McClelland of Fulton: A Bill establishing a new charter for the City of East Point in the County of Fulton; and for other purposes.
The report 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 1032. By Mr. McClelland of Fulton:
A Bill to amend an Act establishing a new charter for the City of East Point in the County of Fulton; and for other purposes.

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

On the passage of the bill, the ayes were 28, nays 0.

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

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JOURNAL OF THE SENATE,

HB 1033. By Mr. McClelland of Fulton:
A Bill establishing a new charter for the City of East Point in the County of Fulton; and for other purposes.

The report 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 1037. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A Bill 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 additional pension benefits; and for other purposes.

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

On the passage of the bill, the ayes were 31, nays 0.

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

HB 1044. By Messrs. Laite, Groover and House of Bibb:
A Bill authorizing the City of Macon through its governing authority, to convey to Huckabee Properties, Inc. the fee simple title in and to the air space lying above the 10 ft. public alley in Square 77, and for other purposes.

The report 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 1048. By Messrs. Killian and Isenberg of Glynn:
A Bill to amend an Act creating the City Court of Brunswick, so as to increase the salaries of the Sheriff, Chief deputy sheriff and office deputy sheriff; and for other purposes.

TUESDAY, FEBRUARY 18,1964

811

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

On the passage of the bill, the ayes were 30, nays 0.

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

HB 1049. By Messrs. Killian and Isenberg of Glynn: A Bill to amend an Act placing the Sheriff of Glynn County upon annual salary, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.

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

HB 1051. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Bill to amend an Act to establish the criminal court of Atlanta, so as to increase and fix the annual salary of the first assistant solicitorgeneral and each of the four assistant solicitors-general of the Criminal Court of Fulton County, and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 0.

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

HB 1069. By Mr. Smith of Emanuel:
A Bill to amend an Act establishing the City Court of Swainsboro, so as to provide for rules of procedure, pleading and practice; and for other purposes.

The report 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.

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JOURNAL OF THE SENATE,

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

HB 1070. By Messrs. Mitchell and Smith of Whitfield:
A Bill to amend an Act amending the charter of the City of Dalton, establishing the corporate limits of said City and Acts amendatory of said charter by incorporating in said city parts of certain land lots; and for other purposes.

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

On the passage of the bill, the ayes were 31, nays 0.

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

HB 1073. By Messrs. Mitchell and Smith of Whitfield:
A Bill to authorize any counties in this State having a population of not less than 42,000 and not more than 43,000 to establish and maintain a law library for the use of the judges, solicitors, ordinary and other officers of the courts of said counties and 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 31, nays 0.

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

HB 1077. By Mr. Bagby of Paulding:
A bill to amend an Act incorporating the City of Dallas, so as to pro vide that all persons owning property in said City shall be required to make a return under oath, annually, to the Board of Tax Assessors; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 0.

TUESDAY, FEBRUARY 18, 1964

813

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

HB 1078. By Mr. Bagby of Paulding:
A Bill to confer upon Paulding County the right to condemn private property and all rights therein for the purpose of small watershed projects and for watershed protection and flood control; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 0.

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

HB 1088. By Messrs. Morgan and Story of Gwinnett:
A Bill to amend an Act providing a procedure for the control of the fiscal affairs of certain counties of this State having a certain popula tion, so as to change the population figures therein; 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 1092. By Mr. Causby of Gordon:
A Bill to abolish the present mode of compensating the Tax Commis sioner of Gordon County, known as the fee system, 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 30, nays 0.

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

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JOURNAL OF THE SENATE,

HB 1093. By Messrs. Keyton and Russell of Thomas:
A Bill to amend an Act to create a new Charter for the Town of Meigs, relating to certain alleys, and for other purposes.

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

On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1094. By Messrs. Overby and Williams of Hall: A Bill to amend an Act providing for a county tax for roads in coun ties having a certain population, and for other purposes.

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

On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1095. By Messrs. Matthews and Bedgood of Clarke: A Bill to amend an Act relating to the charger of the Town of Athens and the salary of the Recorder, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1096. By Mr. Rhodes of Baker: A Bill to amend an Act providing for a supplement to the salary of Sheriffs in counties having a population of not less than 4,540 nor more than 4,550, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, FEBRUARY 18, 1964

815

|

On the passage of the bill, the ayes were 30, nays 0.

v

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

HB 1097. By Messrs. Alien and Branch of Tift:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Tift County, so as to provide for a bid system for purchases and contracts by 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 1098. By Messrs. Alien and Branch of Tift:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Tift 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 1099. By Mr. Deen of Bacon:
A Bill to authorize and empower the City of Alma to abandon any and all rights in and to close permanently for use as an alley a ten foot wide strip measured from north to south, and for other purposes.

The report 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.

816

JOURNAL OF THE SENATE,

HB 1101. By Mr. Jones of Liberty:
A Bill to amend an Act establishing the City Court of Hinesville, so as to change the qualifications for the Solicitor of said Court, and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 0.

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

HB 1102. By Messrs. McClelland and Brooks 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, so as to provide that a teacher or employee may designate certain dependents as beneficiaries, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were, 30 nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1103. By Mr. Newton of Jenkins:
A Bill to amend an Act establishing a Board of Commissioners of Roads and Revenues for the County of Jenkins, so as to change the terms of office of the Commissioner, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1105. By Messrs. Abney and Snow of Walker: A Bill to amend an Act codifying and consolidating the Acts incorporat-

TUESDAY, FEBRUARY 18, 1964

817

ing the City of LaFayette, so as to provide for a Tax Assessor; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 0.

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

HB 1106. By Mr. Davis of Heard:
A Bill to incorporate the City of Ephesus in the County of Heard; to provide for the corporate limits, and for other purposes.

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

On the passage of the bill, the ayes were 31, nays 0.

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

HB 1110. By Messrs. Lowrey and Jordan of Floyd:
A Bill to amend an Act placing certain officers of Floyd County on a salary basis, so as to authorize the Sheriff of Floyd County to employ one additional deputy sheriff, and for other purposes.

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

On the passage of the bill, the ayes were 29, nays 0.

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

HB 1112. By Messrs. Smith and Mitchell of Whitfield:
A Bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Whitfield County into the Office of Tax Commis sioners, so as to provide for the disposition of the commissions allowed by an Act approved Jan. 17, 1938; and for other purposes.

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JOURNAL OF THE SENATE,

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

On the passage of the bill, the ayes were 31, nays 0.

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

HB 1113. By Messrs. Lowrey and Jordan of Floyd:
A Bill to require hospital authorities in counties having a certain popu lation to conduct a continuing and annual audit of the books and records of such hospital 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1115. By Messrs. Flournoy, Wilson and Teague of Cobb: A Bill to authorize counties having a certain population to require that any political party holding a primary for the nomination of a candidate for a state or county office shall require that the nominee receive a majority of the votes of those persons voting thereon, and for other purposes.
The report 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 1116. By Mr. Flournoy of Cobb: A Bill to amend an Act creating a new Charter for the City of Smyrna, so as to fix the compensation of the Mayor and Council, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, FEBRUARY 18,1964

819

On the passage of the bill, the ayes were 30, nays 0.

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

HB 1118. By Messrs. Flournoy, Wilson and Teague of Cobb:
A Bill to require that any political party holding a primary for the nomination of a candidate for a State or county office in Cobb County shall require that the nominee receive a majority of the votes of those persons voting thereon; and for other purposes.

The report 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 1124. By Messrs. Brooks of Oglethorpe, Poss of Madison, Milford of Frank lin, Brown of Hart and Johnson of Elbert:
A Bill to authorize the Superior Court Judge or Judges in any county in Georgia having a population of not less than 65,000 and not more than 65,600 to establish and maintain a law library for the use of the judges, solicitors, and other court officials of any such 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 1121. By Messrs. Jordan and Lowrey of Floyd:
A Bill to amend the Act entitled "City Court of Floyd County"; to increase the salary of the Judge of the City Court of Floyd County; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 0.

820

JOURNAL OF THE SENATE,

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

HB 1125. By Mr. Brooks of Oglethorpe: A Bill to amend an Act establishing the City Court of Lexington in and for the County of Oglethorpe, so as to authorize the clerk of the court to request any judge of any superior or city court to act as Judge of the City Court of Lexington; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1126. By Messrs. Mackay and Harris of DeKalb: A Bill to amend an Act providing for the time for making tax returns so as to provide that counties having a population of 250,000 and not more than 500,000, the time for closing books for the return of taxes shall be on the 31st day of January of each year; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1127. By Messrs. Mackay and Harris of DeKalb:
A Bill to amend an Act describing the duty of the Board of Tax As sessors 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 29, nays 0.

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

TUESDAY, FEBRUARY 18, 1964

821

HB 1128. By Messrs. Mackay and Harris of DeKalb:
A Bill to amend an Act providing for the payment of taxes to the county in which returns are made so as to provide that in counties hav ing a population of 250,000 and not more than 500,000, taxes shall become due in two equal installments; and for other purposes.

The report 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 1129. By Messrs. Mackay and Harris of DeKalb:
A Bill to amend an Act providing for the application of homestead exemptions so as to provide that in counties having a population of 250,000 and not more than 500,000, the time for making application for homestead exemptions shall be on or before January 31 of the year in which exemption from taxation is sought; and for other purposes.
The report 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 1130. By Messrs. Mackay and Harris of DeKalb:
A Bill to amend an Act relating to revisions and completion of tax assessments so as to provide that in counties having a population of 250,000 and not more than 500,000, the County Board of Tax Assessors shall complete the revision and assessment of returns of taxpayers by March 15; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 0.

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

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JOURNAL OP THE SENATE,

HB 1132. By Messrs. Mackay and Harris of DeKalb:
A Bill to amend an Act establishing the charter for the City of Pine Lake, so as to authorize the governing authority to provide a pension for certain police officers; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 0.

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

HB 1133. By Messrs. Mackay and Harris of DeKalb:
A Bill to amend an Act establishing the Juvenile Courts in counties having a population of not less than 250,000 and not more than 350,000, so as to provide that a Juvenile Court Judge in such counties shall devote his full time to the duties 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 30, nays 0.

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

HB 1136. By Messrs. Overby and Williams of Hall:
A Bill to amend the Charter of the City of Gainesville by providing that all municipal elections and referendums shall be held and conducted between the hours of 7:00 a.m. and 7:00 p.m.; and for other purposes.

The report 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 1139. By Messrs. House, Groover and Laite of Bibb:
A Bill to amend an Act relating to election precincts; to provide that in counties having a certain population, the Ordinaries may establish

TUESDAY, FEBRUARY 18,1964

823

as many election precincts as may be necessary and convenient for the holding of 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.

HB 1144. By Mr. Black of Webster:
A Bill to increase the compensation of the tax commissioner of the tax commissioner of counties having a certain population, and for other purposes.

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

On the passage of the bill, the ayes were 31, nays 0.

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

HB 1151. By Mr. Fowler of Douglas:
A Bill to abolish the present mode of compensating the Clerk of the Superior Court, the Sheriff, the Ordinary and Tax Commissioner of Douglas County, known as the fee system; 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 a Board of Commissioners of Roads and Revenues of Douglas County, approved February 15, 1952 (Ga. Laws 1952, p. 2703), as amended, particularly by an Act approved March 17, 1960 (Ga. Laws 1960, p. 2701), so as to change the com pensation of the members of the Board; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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JOURNAL OF THE SENATE,

Section 1. An Act creating a Board of Commissioners of Roads and Revenues of Douglas County, approved February 15,1952 (Ga. Laws 1952, p. 2703), as amended, particularly by an Act approved March 17, 1960 (Ga. Laws 1960, p. 2701), is hereby amended by striking from Section 7 the symbol and figures "$6,000.00" and "$2,400.00" and substituting in lieu thereof the symbol and figures "$10,000.00" and "$3,600.00", respectively, so that when so amended Section 7 shall read as follows:

"Section 7. The chairman shall be compensated in the amount of $10,000.00 per annum and shall be reimbursed for expenses in curred in the performance of his official duties, but not to exceed $50.00 per month. The chairman shall devote full time to the duties of his office. The two other members of the board shall be com pensated in the amount of $3,600.00 per annum and shall be re imbursed for expenses incurred in the performance of the duties of the board but not to exceed $25.00 per month. The compensation and expenses of the chairman and other members of the Board shall be paid in equal monthly payments from the funds of Douglas County. The expenses of all members of the board shall be subject to the approval of the entire board."

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 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 29, nays 0.

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

HB 1152. By Mr. Steis of Harris:
A Bill to provide a new charter for the City of Hamilton; to provide that said City shall be responsible for all debts and contracts of the former City of Hamilton; and for other purposes.

The report 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.

TUESDAY, FEBRUARY 18, 1964

825

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

HB 1153. By Mr. Steis of Harris:
A Bill to place the Coroner of Harris County on a monthly salary; to provide for the disposition of fees and commissions formerly allowed the Coroner, and for other purposes.

The report 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 1155. By Messrs. Keyton and Russell of Thomas:
A Bill to change the compensation of Sheriff of Thomas County from the fee basis to a salary; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 0.

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

HB 1156. By Messrs. Pope and Coker of Cherokee:
A Bill to amend an Act creating a new charter for the City of Woodstock, so as to extend the corporate limits; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1158. By Mr. Wells of Peach:
A Bill to amend an Act incorporating the offices of tax receiver and tax collector of Peach County into one office of tax commissioner, so

826

JOURNAL OP THE SENATE,

as to change the compensation of the tax commissioner; and for other purposes.

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

On the passage of the bill, the ayes were 31, nays 0.

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

HB 1159. By Mr. Wells of Peach: A Bill to create a Board of Commissioners of Roads and Revenues for Peach 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 1161. By Mr. Lindsey of Wilkes:
A Bill to amend an Act creating the office of tax commissioner of Wilkes County, so as to provide that the tax commissioner shall turn over to the county fiscal authority by the close of the last day of each month monies collected by him for such 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 30, nays 0.

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

HB 1162. By Mr. Lindsey of Wilkes:
A Bill to amend an Act placing the sheriff, the ordinary and the clerk of the Superior Court of Wilkes County on an annual salary in lieu of a fee system, so as to provide that the aforesaid officials shall turn over to the county fiscal authority by the close of the last day of each month monies collected by them for such month; and for other purposes.

TUESDAY, FEBRUARY 18, 1964

827

The report 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 1165. By Messrs. Lowrey and Jordan of Floyd:
A Bill to require county boards of education in certain counties to con duct an annual audit of the books and records of such boards of educa tion; and for other purposes.

The report 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 1166. By Messrs. Groover, House and Laite of Bibb:
A Bill to amend an Act re-enacting the Charter of the City of Macon, so as to authorize, approve, ratify and confirm a contract between the City of Macon, Southern Railway Company, Central of Georgia Railway Company and Georgia Southern and Florida Railway Company, and for other purposes.

The report 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 1167. Messrs. Groover, House and Laite of Bibb:
A Bill to amend an Act establishing a County Board of Commissioners for the County of Bibb, so as to authorize, approve, ratify and confirm a certain contract between the County of Bibb and Southern Railway Co., Central of Georgia Railway Co., and Ga. Southern and Florida Railway Co., and for other purposes.

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

828

JOURNAL OP THE SENATE,

On the passage of the bill, the ayes were 31, nays 0.

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

HB 1168. By Mr. Bowen of Toombs:
A Bill to amend an Act creating a new charter for the City of Vidalia, relating to opening of polls, and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 0.

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

HB 1169. By Messrs. Flournoy, Teague and Wilson of Cobb:
A Bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the day of the annual elections for the City of Ken nesaw, and for other purposes.

The report 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 1170. By Messrs. Matthews and Bedgood of Clarke:
A Bill to amend an Act abolishing the justice Courts, the offices of the justices of the Peace and the offices of Constables in Clarke County, so as to increase the civil jurisdiction of the Magistrate's Court of Clarke County, and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 0.

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

TUESDAY, FEBRUARY 18, 1964

829

HB 1173. By Messrs. Bell, Hull and Fleming of Richmond:
A Bill to amend the charter of the City of Augusta incorporated as the City Council of Augusta, relating to polling places, and for other purposes.

The report 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 1174. By Mr. Rowland of Johnson: A bill to amend an act establishing the City Court of Wrightsville, so as to increase the compensation of the Judge, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1175. By Messrs. Abney and Snow of Walker: A bill to authorize the governing authority of Walker County to estab lish fire prevention districts in Walker 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 1177. By Mr. Steis of Harris:
A bill to authorize and empower the board of Commissioners of Roads and Revenues for Harris County to establish rules and regulations gov erning the payment of pensions to county officials and employees of said county, and for other purposes.

830

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 1182. By Mr. Roper of Greene:
A bill to amend an act creating the Board of Commissioners of Roads and Revenues in and for Greene County, so as to provide for five com missioners, and for other 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 30, nays 0.

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

HB 1184. By Messrs. Bell, Fleming and Hull of Richmond:
A bill to amend the charter of the City of Augusta, so as to authorize the City Council to require owners of property to install connection with municipal water systems and to assess charges therefor against said property owners; and for other purposes.

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

On the passage of the bill, the ayes were 31, nays 0.

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

HB 1185. By Mr. Anderson of Pulaski: A bill to amend an act to create a new charter for the City of Hawkinsville, relating to voting in certain elections; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, FEBRUARY 18, 1964

831

On the passage of the bill, the ayes were 30, nays 0.

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

HB 1186. By Messrs. Alien and Branch of Tift: A bill creating a small claims court in counties having a certain popu lation, and for other purposes.
The report 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 11. By Mr. Floydof 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.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 11 by striking from Section 1 the following "Eight Thousand Dollars ($8,000.00) per annum", and inserting in lieu thereof the following "Nine Thousand Dollars ($9,000.00) per annum".
By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The Clerk is hereby authorized to appoint a Deputy Clerk to assist him in the performance of his duties and to fix the compensation of such Deputy Clerk at not more than Thirty-Six Hundred Dollars ($3,600.00) per annum, which compensation shall be paid in equal monthly installments from the funds of Chattooga County. The Clerk is hereby authorized to employ additional help and fix the compensation therefor, but such compensation shall not exceed Eighteen Hundred Dollars ($1,800.00) per annum which shall be paid in equal monthly installments from the funds of Chat tooga County."
By adding at the end of Section 3 the following, "The governing authority of the County is hereby directed to, on or before March 1, 1965, purchase, rent or lease photostatic equipment or other photo graphic equipment to be placed in the office of the Clerk of the Superior

832

JOURNAL OF THE SENATE,

Court for use by the Clerk as provided by law and for the use of the other elected County Officers of the County. Such equipment shall be under the control and jurisdiction of the Clerk. When such equipment is used by any other elected County Officer other than the Clerk of the Superior Court, the cost of the supplies necessary for such use shall be charged against the office of such other Officer and not against the office of the Clerk of the Superior Court."

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 12. By Mr. Ployd 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.

The Committee on County and Municipal Governments offered the following amendment:

Amend HB 12 by adding in the title before the words "to provide for an effective date", the words "to change the compensation of the ordi nary".

By adding a new Section to be known as Section 2 to read as follows:

"Section 2. Said act is further amended by striking from Sec tion 2 the following "six thousand dollars ($6,000.00) per annum", and inserting in lieu thereof the following "seven thousand dollars ($7,000.00) per annum", so that when so amended Section 2 shall read as follows:
'Section 2. The ordinary of Chattooga County shall receive a salary of seven thousand dollars ($7,000.00) per annum, payable in equal monthly installments out of the funds of the county.'"

TUESDAY, FEBRUARY 18, 1964

833

By renumbering present Sections 2 and 3 as Sections 3 and 4, respectively.

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 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.

The Committee on County and Municipal Governments offered the following amendment:

Amend HB 13 by striking from Section 1 the following "eight thousand dollars ($8,000.00)", and inserting in lieu thereof the follow ing "nine thousand dollars ($9,000.00)".
By striking from Section 2 the following "two thousand four hun dred dollars ($2,400.00)", and inserting in lieu thereof the following "three thousand six hundred dollars ($3,600.00)" per annum, which compensation shall be paid in equal monthly installments from the funds of Chattooga County."

On the adoption of the amendment, the ayes were 31, nays 0, and the amendment was adopted.

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

On the passage of the bill, the ayes were 30, nays 0.

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

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JOURNAL OP THE SENATE,

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 of compensation; and for other purposes.

Amend HB 14 by striking from Section 1 the following "Six Thou sand Dollars ($6,000.00)", and inserting in lieu thereof the following "Seven Thousand Dollars ($7,000.00)".

On the adoption of the amendment, the ayes were 31, 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 31, nays 0.

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

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

The Committee on County and Municipal Governments offered the following amendment:

Amend HB 15 by striking from Section 1 the following "Eight Thousand Five Hundred Dollars ($8,500.00) per annum". a*>d iierting in lieu thereof the following "Nine Thousand Dollars ($9,000.00) per annum", and by adding at the end of Section 1 the folio wing, "Any funds which the Sheriff receives for his part in seizing any vehicles or any other equipment declared contraband under the laws of this State, shall likewise be the funds of the County and shall be handled in the same manner as any other funds provided for herein for Chat tooga County."
By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The Sheriff shall be authorized to appoint one Chief Deputy to assist him in the performance of his duties and fix the compensation of such Deputy at not to exceed Four Thou sand Two Hundred Dollars ($4,200.00) per annum, which compen sation shall be paid in equal monthly installments from the funds of Chattooga County. He shall also be authorized to employ one additional Deputy and fix his compensation at not to exceed Three

TUESDAY, FEBRUARY 18, 1964

835

Thousand Dollars ($3,000.00) per annum, which compensation shall be paid in equal monthly installments from the funds of Chattooga County. He is also authorized to employ a Jailer and fix his com pensation at not to exceed Two Thousand Pour Hundred Dollars ($2,400.00) per annum, which compensation shall be paid in equal monthly installments from the funds of Chattooga County."

By striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:

"Section 3. The food which the Sheriff would ordinarily be responsible for supplying for prisoners in the County Jail shall, after the effective date of this Act, be supplied by the County Work Camp and the Sheriff shall no longer furnish food for such prison ers nor receive any funds whatsoever for any such food. In the event the County Work Camp is closed, or in the event it becomes impossible for such Camp to furnish the aforesaid food, the gov erning authority of the County shall contract with a local restau rant or restaurants for furnishing food to the prisoners."

By adding at the end of Section 4 the following, "In any event, the Sheriff shall be furnished two automobiles with standard police equipment from the funds of Chattooga County."

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 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.
The Committee on County and Municipal Governments offered the follow ing amendment:
Amend HB 16 by adding in the Title before the words "to provide for an effective date", the words "to increase the maximum compensa tion authorized for the Clerk".

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JOURNAL OF THE SENATE,

By adding a new Section 2 to read as follows:

"Section 2. Said Act is further amended by striking from Section 6 the following, "$3,000.00 per annum", and inserting in lieu thereof the following, "$3,600.00 per annum", so that when so amended Section 6 shall read as follows:

" 'Section 6. The commissioner is hereby authorized to em ploy a clerk and fix the compensation therefor, but not to exceed the sum of $3,600.00 per annum, to be paid in equal monthly in stallments from the funds of Chattooga County. It shall be the duty of the clerk to keep the minutes and records of all proceedings of the commissioner, to keep the books of the county, and to dis charge such other duties as the commissioner may prescribe.' "

By renumbering present Sections 2 and 3 as Sections 3 and 4, respectively.

The amendment was adopted.

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

On the passage of the bill, the ayes were 31, nays 0.

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

HB 711. By Mr. Floyd of Chattooga:
A bill to amend an act creating a Commissioner of Roads and Revenues of Chattooga County, so as to provide for the audit of certain county officers and the publication of summaries thereof; and for other pur poses.

The Committee on County and Municipal Governments offered the following amendment:

Amend HB 711 by adding at the end of quoted Section 13A as it appears in Section 1 of said bill the following, "The audits required herein shall be applicable to the calendar year 1965 and for each calen dar year thereafter."
By striking Section 2 in its entirety.
By renumbering Section 3 as Section 2.

TUESDAY, FEBRUARY 18, 1964

837

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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 880. By Messrs. Lowrey and Jordan of Floyd: A bill to amend an act so as to provide that in certain counties if the tax collector or tax commissioner is on a salary, the commissions provided for collecting certain taxes shall be paid to the county and shall be county funds; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:

Amend HB 880 by inserting in the title before the phrase "to repeal conflicting laws" the following: "to provide an effective date;"; and
By renumbering Section 2 as Section 3; and
By adding following Section 1 a new Section 2 to read as follows:
"Section 2. The provisions of this Act shall become effective December 31, 1964."
On the adoption of the amendment, the ayes were 31, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 881. By Messrs. Lowrey and Jordan of Floyd: A bill to amend an act abolishing the offices of tax receiver and tax

838

JOURNAL OF THE SENATE,

collector of Floyd County, relating to fees, commission costs; and for other purposes.

The Committee on County and Municipal Governments offered the following amendments:

Amend HB 881 by adding in the title after the phrase "as amended" the following: "particularly by an Act approved February 26, 1957 (Ga. Laws 1957, p. 2236),"; and
By inserting in the title before the phrase "to repeal conflicting laws" the following: "to change the compensation of the tax commis sioner and the senior deputy tax commissioner; to provide an effective date;"; and
By adding following the first quoted paragraph of Section 1 the following: "and by striking the symbol and figures '$7,700.00' and in serting in lieu thereof the symbol and figures '$12,000.00'"; and
By striking from Section 7, which Section 7 is quoted in Section 1 of said Bill, the symbol and figures "$7,700.00" and inserting in lieu thereof the symbol and figures "$12,000.00"; and
By renumbering Section 2 as Section 4; and
By inserting following Section 1 two new Sections to be numbered Sections 2 and 3 and to read as follows:
"Section 2. Said Act is further amended by striking from Section 9 the symbol and figures '$3,600.00' and inserting in lieu thereof the following: '$4,800.00', so that when so amended Section 9 shall read as follows:
" 'Section 9. Be it further enacted by the authority aforesaid, that the county tax commissioner shall be authorized to employ to serve at the pleasure of said county tax commissioner and to per form such duties as may be assigned by him, the following: one chief deputy tax commissioner, whose compensation shall be not more than $5,500.00 per annum, and one senior deputy tax commis sioner, whose compensation shall be not more than $4,800.00 per annum, two junior deputy tax commissioners, whose compensation shall be not more than $3,000.00 per annum, and one clerk, whose compensation shall be not more than $2,700.00 per annum, and said county tax commissioner may at his discretion employ not more than two additional part-time clerks, whose total combined com pensation per annum shall not exceed $3,500.00. Said salaries shall be payable monthly out of the general funds of the county.'
"Section 3. The provisions of this Act shall become effective January 1, 1965, except that the provisions of Section 2, relating to

TUESDAY, FEBRUARY 18, 1964

839

the compensation of the senior deputy tax commissioner, shall become effective March 1, 1964."

On the adoption of the amendment, the ayes were 31, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 1114. By Messrs. McClelland and Brooks of Fulton:
A bill to amend an act establishing rules and regulations governing the payment of pensions to Fulton County employees, so as to provide increased pensions for certain officers and employees; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 1114 by striking sentence of Section 3 and inserting a new sentence to read as follows: "Provided, however, that in no event shall the designated beneficiary receive less than a beneficiary would have received under this Act, as amended, prior to this amendment."

On the adoption of the amendment, the ayes were 31, nays 0, and the amendment was adopted.

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

On the passage of the bill, the ayes were 31, nays 0.

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

HB 1134. By Messrs. Moore and Dean of Polk:
A bill to amend an act establishing the City Court of Polk County, so as to change the salary of the solicitor of the City Court, and to

840

JOURNAL OF THE SENATE,

change the salary of the judge of the City Court; and for other pur poses.

Senator Moore of the 31st offered the following amendment:

Amend HB 1134 by adding to the caption thereof "To provide an effective date" and by renumbering Section 3 as Section 4 and adding a new Section 3 to read:
"The effective date of this Act shall be January 1, 1965."

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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 1135. By Messrs. Moore and Dean of Polk: A bill to amend an act placing the coroner of Polk County on a salary basis, so as to change the salary of the coroner; and for other purposes.
Senator Moore of the 31st offered the following amendment:
Amend HB 1135 by re-numbering Section 2 as Section 3 and insert ing a new Section 2 to read "The effective date of this Act shall be Janu ary 1, 1965".

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 31, nays 0.

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

TUESDAY, FEBRUARY 18, 1964

841

HB 1145. By Mr. Steis of Harris:
A bill to amend an act incorporating the Town of Chipley, so as to extend the corporate limits of the Town of Pine Mountain; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:

Amend HB 1145 by striking the second sentence of the last para graph of Section 2 which reads as follows:
"If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect.",
and by inserting in lieu thereof a new sentence to read as follows:
"If more than one-half of all votes cast on such question by the voters residing within the present corporate limits of the Town of Pine Mountain, and if more than one-half of all votes cast on such question by the persons residing within the territory pro posed to be annexed, as hereinbefore defined, 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."

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 1154. By Messrs. Killian and Isenberg of Glynn:
A bill to amend the charter of the City of Brunswick, so as to include therein certain territory in the County of Glynn contiguous to and north, northwest and west thereof; and for other purposes.

Senator Gayner of the 5th offered the following amendment:
Amend the title of HB 1154 by striking therefrom the following language:

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JOURNAL OF THE SENATE,

"providing for a referendum to be held in said city and in the territory proposed to be annexed to determine whether this act shall go into effect; fixing the qualifications of voters in said referendum and providing for the declaration of the result thereof; providing penalties for illegal voting; and providing the voting qualifications of the inhabitants of said territory in all elections, general and special, held in said city next before the date of the actual inclusion of said territory within the corporate limits of said city;"

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 31, nays 0.

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

Senator McWhorter of the 43rd asked unanimous consent that the following bill of the House be recommitted to the Committee on County and Municipal Governments:

HB 1131. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act abolishing the office of county treasurer of the County of DeKalb, so as to provide that the depository shall main tain an office and place of doing business in DeKalb County; and for other purposes.

The consent was granted.
SR 199. By Senators Phillips of the 27th and Hunt of the 26th:
A RESOLUTION
Proposing an amendment to Article XI, Section I, Paragraph VI of the Constitution of Georgia, so as to delegate to the respective gov erning authorities of the City of Macon and County of Bibb authority to merge and consolidate, by joint resolution, and with or without an enabling act of the General Assembly of Georgia, the offices, officers and functions of the City of Macon and of the County of Bibb relating to the time, manner and method for the return, collection, property assessment, notice of property assessment, hearing, appeal, arbitration

TUESDAY, FEBRUARY 18, 1964

843

or review of property assessment, lien, priority of lien and collection of ad valorem taxes levied by the City of Maeon, County of Bibb and State of Georgia and respecting any and all other matters relating or incident to the same; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article XI, Section 1, Paragraph VI of the Constitu tion of Georgia, is hereby amended by adding at the end thereof a new paragraph to read as follows:
"Provided, however, that notwithstanding any provisions of law or of this Constitution to the contrary, the respective governing au thorities of the City of Macon and the County of Bibb, may, solely by their joint resolution, consolidate, merge and combine the offices, offi cers and functions of the City and of the County relating to the time, manner and method for the return, collection, property assessment, notice of property assessment, hearing, appeal, arbitration or review of property assessment, lien, priority of lien and collection of ad valorem taxes levied by the City of Macon and County of Bibb and State of Georgia, and respecting any and all other matters relating or incident to the same, to specify and provide for the time, method and manner of performing any and all such matters and functions, and, without limitation of the foregoing generality, including the retention, release, or combination of present offices and officers, positions and employees, the election or selection of officers and employees to perform such consolidated and combined tax functions, the compensation and tenure of office and employment of such officers and employees, their classi fication as officers or employees of either the City or County or both for purposes of compensation coverage and retirement, pension and old-age benefits, the designation of the place or places for the per formance of the services and duties connected with or incident to the consolidated and combined tax function between the City and County, and all other related or incident matters; provided, further, however, that the Tax Commissioner of the County of Bibb, as elected from time to time pursuant to law applicable to such office, shall be in charge of such combined and consolidated tax office and function, subject, how ever, to such limitations upon his authority and power as may be imposed by said joint resolution, and such Tax Commissioner shall, except as to matters relating to ad valorem taxation, additionally perform the duties of his office as Tax Commissioner as required by law applicable to that office; provided, further, that in the perform ance of any and all of the matters herein authorized and relating to ad valorem taxation, due process of law shall be afforded and the right of any person to homestead exemptions as provided by law and as re lated to ad valorem taxes due to the State of Georgia and County of Bibb shall not be affected hereby or hereunder; provided, further, that the powers herein delegated may be exercised from time to time and either together, separately or in any combination of the same. Provided, however, that such action may be changed, superseded, or revoked by legislative action which Act shall be binding on the City and County until subsequently changed by the General Assembly; and provided

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further nothing herein shall be construed to authorize any change in the ad valorem tax millage limitation prescribed by an legislative Act."

Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken there on, 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 of Article XI, Section 1, Para graph VI of the Constitution of Georgia, so as to delegate to the respective governing authorities of the City of Macon and County of Bibb authority to merge and consolidate, by joint resolution, and with or without an enabling act of the General Assembly of Georgia, the offices, officers and functions of the City of Macon and of the County of Bibb relating to the time, manner and method for the return, collection, property assessment, notice of property assessment, hearing, appeal, arbitration or review of property assessment, lien, priority of lien and collection of ad valorem taxes levied by the City of Macon, County of Bibb and State of Georgia and respecting any and all other matters relating or incident to the same.
"Against ratification of amendment of Article XI, Section 1, Paragraph VI of the Constitution of Georgia, so as to delegate to the respective governing authorities of the City of Macon and County of Bibb authority to merge and consolidate, by joint reso lution, and with or without an enabling act of the General Assem bly of Georgia, the offices, officers and functions of the City of Macon and of the County of Bibb relating to the time, manner and method for the return, collection, property assessment, notice of property assessment, hearing, appeal, arbitration or review of property assessment, lien, priority of lien and collection of ad valorem taxes levied by the City of Macon, County of Bibb and State of Georgia and respecting any and all other matters relating or incident to the same."
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 re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

TUESDAY, FEBRUARY 18, 1964

845

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 Brown of 34th Byrd Carlton Carter Conway Downing Ellis Fincher Fuqua Gayner Gillis Gordy Hall Heard

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kidd Knox Lee Maclntyre Moore McKinnon McWhorter Noble Oliver Pelham

Pennington Phillips Rowan Salome Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 509. By Messrs. McClelland, Brooks and Etheridge of Fulton: A resolution requesting the governing authorities of Fulton County, DeKalb County and the City of Atlanta, to provide additional voting precincts, voting machines and other facilities so as to improve the methods and procedures of conducting elections in the interest of the people; 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.

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HR 433. By Mr. Smith of Emanuel:
A resolution authorizing the conveyance of certain property to Noel B. Fowler; 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 437. By Messrs. Plournoy, Wilson and Teague of Cobb:

A RESOLUTION
Proposing an amendment to the Constitution of the State of Geor gia so as to empower the General Assembly to authorize the Governing Authority of Cobb County, Georgia, to establish districts for the pur pose of building, erecting, establishing, maintaining and operating a system of garbage collection within said County; to levy taxes and/or assessments or service charges or fees for construction, maintenance and operation of same without exemptions; to authorize said Govern ing Authority to levy taxes at different rates according to the size of facilities using said garbage disposal system and to levy taxes at different rates among such businesses; to authorize the levying of taxes at different rates among the different districts so established; 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:
Article VII, Section IV, Paragraph I of the Constitution of the State of Georgia of 1945 is amended by adding a new paragraph thereto which shall read as follows:

SECTION 1
"The General Assembly is hereby empowered to authorize the Governing Authority of Cobb County, Georgia, to establish districts for the purpose of building, erecting, establishing, maintaining and operating within Cobb County a system of garbage collection and disposal. For the carrying out of these purposes, the General As sembly may further authorize said Governing Authority to levy a tax and/or special assessments on the full tax assessed value of all property in said districts without exemptions for the aforesaid

TUESDAY, FEBRUARY 18, 1964

847

purposes or make service charges or fees against all businesses and residents served by said facilities, as said Governing Authority shall deem necessary for the services rendered. The General As sembly may further authorize the Governing Authority to estab lish rates and charges for said businesses and residents served by said facilities and the same may be levied in differing amounts and rates in each of the districts so established, and in differing amounts and rates according to the type of person, persons, or businesses being served by said facilities. The taxes and/or special assessments or fees which may be provided for may be collected by the Tax Collectors of said County, and may be enforced by the issuance of fi fas or executions for said charges in the same manner and with the lien dignity and priority as fi fas and executions are issued for State and County taxes. The General Assembly may authorize the Governing Authority to compel compliance with rea sonable rules and regulations necessary for said services."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to empower the General Assembly to authorize the Governing Au thority of Cobb County, Georgia, to provide for the establishment, maintenance and operation of garbage collection districts within Cobb County and to levy taxes and/or assessments or fees to carry these projects into effect.
"Against ratification of amendment to the Constitution so as to empower the General Assembly to authorize the Governing Au thority of Cobb County, Georgia, to provide for the establishment, maintenance and operation of garbage collection districts within Cobb County and to levy taxes and/or assessments or fees to carry these projects into effect."
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

848

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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 Brown of 34th Byrd Carlton Carter Conway Downing Ellis Fincher Fuqua Gayner Gillis Gordy Hall Heard

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kidd Knox Lee Maclntyre Moore McKinnon McWhorter Noble Oliver Pelham

Pennington Phillips Rowan Salome Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 438. By Messrs. Flournoy, Wilson and Teague of Cobb:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a Zoning and Planning Com mission for the unincorporated and/or incorporated areas of Cobb County; to provide various codes; to provide the procedure connected therewith; 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:

TUESDAY, FEBRUARY 18, 1964

849

SECTION 1
Article III, Section VII, Paragraph XXIII of the Constitution is hereby amended by adding at the end thereof the following:

"The General Assembly is hereby authorized to provide by law for a Zoning and Planning Commission for the unincorporated and/ or incorporated areas of Cobb County now or hereinafter existing. Such law may grant the Commission all the authority which the General Assembly has heretofore been authorized in this Paragraph to grant to the governing authorities of municipalities and coun ties. The General Assembly is also authorized to provide by law for the promulgation of codes, rules and regulations relating to build ing, construction, plumbing, heating, air conditioning, ventilating, and electrical installation for the unincorporated and/or incor porated areas of Cobb County. Authority to administer such codes, rules and regulations may be granted to the Zoning and Planning Commission, authorized hereinbefore, or to the governing authority of Cobb County, or to both, in such manner as the G-eneral Assem bly may prescribe. The General Assembly may provide for the en forcement of the actions of the Zoning and Planning Commission and for the aforesaid codes, rules and regulations, by the Superior Court of Cobb County. Funds of the county and such other public funds as might be available may be used for the Commission and in the administration of the aforesaid codes, rules and regulations. The General Assembly may provide how such funds may be utilized. The General Assembly is also authorized to provide for all matters relating to the subjects provided for herein. The General Assembly is also authorized to provide for the eventual merger of the Zoning and Planning Commission, established herein with any and all other Zoning and Planning Commissions or Boards in the incorporated areas of Cobb County and to provide the procedure connected there with."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to authorize the General Assembly to provide by law for a Zoning and Planning Commission for the unincorporated and/or incor porated areas of Cobb County; to provide various codes; to pro vide for the merger of the Zoning and Planning Commission with the Zoning and Planning Commissions or Boards of incorporated areas of Cobb County; and to provide the procedure connected therewith.

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"Against ratification of amendment to the Constitution so as to authorize the General Assembly to provide by law for a Zoning and Planning Commission for the unincorporated and/or incor porated areas of Cobb County; to provide various codes; to provide for the merger of the Zoning and Planning Commission with the Zoning and Planning Commissions or Boards of incorporated areas of Cobb County; and to provide the procedure connected there with."

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 Brown of 34th Byrd Carlton Carter Conway Downing Ellis Fincher Fuqua Gayner Gillis Gordy Hall Heard

Hollo way Hunt Jackson Johnson of 42nd Johnson of 38th Kidd Knox Lee Maclntyre Moore McKinnon McWhorter Noble Oliver Pelham

Pennington Phillips Rowan Salome Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

TUESDAY, FEBRUARY 18, 1964

851

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 440. By Messrs. Chandler and Harrington of Baldwin:

A RESOLUTION
Proposing an amendment to Article VII, Section VII, Paragraph I of the Constitution, so as to authorize the governing authority of Baldwin County to acquire, construct, equip, maintain and operate off-street parking areas, buildings and facilities and to make charges for the use thereof and to lease all or any part thereof and to incur an additional indebtedness and to issue its general obligation bonds for the purpose of acquiring, constructing, adding to, improving and equipping such off-street parking areas, buildings and facilities; 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 VII, Section VII, Paragraph I of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following:
"Anything in this Constitution to the contrary notwithstanding, the governing authority of Baldwin County is hereby authorized to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and facilities of every kind and character, in said County outside the corporate limits of the City of Milledgeville and to make charges for the use thereof and to lease all or any part thereof and to accomplish the foregoing is hereby authorized to incur an additional indebtedness and evidence the same by the issuance, from time to time, of its direct general obligation bonds, but the principal amount of such general obligation bonds outstanding at any one time shall not exceed five per centum (5%) of the assessed value of all taxable property in said County subject to taxation for bond purposes, which shall be in addition to and separate from the seven per centum (7%) debt limitation now imposed by this Constitution. The issuance or nonissuance of said bonds shall be submitted to the registered, qualified voters of the County for their determination in the same manner and under the same provisions as contained in this Constitution and the laws of this State. If any such bonds are so authorized pursuant to any such election, the governing authority of said County shall, on or prior to their issuance and delivery, provide for the assessment and collection of an annual tax sufficient in amount to pay the principal of and interest on said bonds as same mature and all of the property located in said County subject to taxation for bond purposes, shall be subject to the levy of an ad valorem tax, without limitation as to rate or amount, sufficient to pay the principal of and interest on said bonds at their respective maturities."

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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 an amendment to Article VII, Section VII, Paragraph I of the Constitution, so as to authorize the governing authority of Baldwin County to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and facilities and to incur an additional general obligation bonded in debtedness not to exceed five per centum (5%) of the assessed value of taxable property therein, in addition to the seven per centum (7%) debt limitation now imposed by the Constitution, by the issuance of general obligation bonds to provide funds to ac complish the foregoing."
"Against ratification of an amendment to Article VII, Section VII, Paragraph I of the Constitution, so as to authorize the gov erning authority of Baldwin County to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and facilities and to incur an additional general obligation bonded indebtedness not to exceed five per centum (5%) of the assessed value of taxable property therein, in addition to the seven per centum (7%) debt limitation now imposed by the Constitution, by the issuance of general obligation bonds to provide funds to accomplish the foregoing."

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

If such amendment shall be ratified as provided in said Article XIII, Section I, Paragraph I of the Constitution, as amended, it shall become a part of the Constitution of this state. The returns of the elections shall be made in like manner as returns for elections for mem bers of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The Committee on County and Municipal Governments offered the following substitute:

TUESDAY, FEBRUARY 18, 1964

853

A RESOLUTION

Proposing an amendment to Article VII, Section VII, Paragraph I of the Constitution, so as to authorize the governing authority of Baldwin County to acquire, construct, equip, maintain and operate offstreet parking areas, buildings and facilities and to make charges for the use thereof and to lease all or any part thereof and to incur an additional indebtedness and to issue its general obligation bonds for the purpose of acquiring, constructing, adding to, improving and equipping such off-street parking areas, buildings and facilities; 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 VII, Paragraph I of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following:

"Anything in this Constitution to the contrary notwithstanding, the governing authority of Baldwin County is hereby authorized to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and facilities of every kind and character, in said County outside the corporate limits of the City of Milledgeville and to make charges for the use thereof and to lease all or any part thereof and to accomplish the foregoing is hereby authorized to incur an additional indebtedness and evidence the same by the issuance, from time to time, of its direct general obligation bonds, but the principal amount of such general obliga tion bonds outstanding at any one time shall not exceed five per centum (5%) of the assessed value of all taxable property in said County subject to taxation for bond purposes, which shall be in addition to and separate from the seven per centum (7%) debt limitation now imposed by this Constitution. The issuance or nonissuance of said bonds shall be submitted to the registered, qualified voters of the County for their determination in the same manner and under the same provisions as contained in this Constitution and the laws of this State. If any such bonds are so authorized pursuant to any such election, the governing authority of said County shall, on or prior to their issuance and delivery, provide for the assessment and collection of an annual tax sufficient in amount to pay the principal of and interest on said bonds as same mature and all of the property located in said County subject to taxation for bond purposes, shall be subject to the levy of an ad valorem tax, without limitation as to rate or amount, sufficient to pay the principal of and interest on said bonds at their respec tive maturities. This amendment is self-enacting and does not re quire any enabling legislation for it to become effective, provided, however, the General Assembly may by law grant further and additional powers to the County not inconsistent with the provisions of this amendment."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each

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of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of an amendment to Article VII, Section VII, Paragraph I of the Constitution, so as to authorize the governing authority of Baldwin County to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and facilities and to incur an additional general obligation bonded indebtedness not to exceed five per centum (5%) of the assessed value of taxable property therein, in addition to the seven per centum (7%) debt limitation now imposed by the Constitution, by the issuance of general obligation bonds to provide funds to ac complish the foregoing.

"Against ratification of an amendment to Article VII, Section VII, Paragraph I of the Constitution, so as to authorize the govern ing authority of Baldwin County to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and facilities and to incur an additional general obligation bonded indebtedness not to exceed five per centum (5%) of the assessed value of taxable property therein, in addition to the seven per centum (7%) debt limitation now imposed by the Constitution, by the issuance of general obligation bonds to provide funds to ac complish the foregoing."

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

If such amendment shall be ratified as provided in said Article XIII, Section I, Paragraph I of the Constitution, as amended, it shall become a part of the Constitution of this state. The returns of the elec tions 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 45, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution, by substitute, was agreed to.

TUESDAY, FEBRUARY 18, 1964

855

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

Those voting in the affirmative were Senators:

Brewer

Holloway

Brown of 34th

Hunt

Byrd

Jackson

Carlton

Johnson of 42nd

Carter

Johnson of 38th

Conway

Kidd

Downing

Knox

Ellis

Lee

Fincher

Maclntyre

Fuqua

Moore

Gayner

McKinnon

Gillis

McWhorter

Gordy

Noble

Hall

Oliver

Heard

Pelham

Pennington Phillips' Rowan Salome Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.
The resolution, having received the requisite constitutional two-thirds major ity, was adopted by substitute.

HR 441. By Messrs. Chandler and Harrington of Baldwin:

A RESOLUTION
Proposing an amendment to Article VII, Section VII, Paragraph I of the Constitution, so as to authorize the Mayor and Aldermen of the City of Milledgeville to acquire, construct, equip, maintain and operate off-street parking areas, buildings and facilities and to make charges for the use thereof and to lease all or any part thereof and to incur an additional indebtedness and to issue its general obligation bonds for the purpose of acquiring, constructing, adding to, improving and equip ping such off-street parking areas, buildings and facilities; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following:

856

JOURNAL OF THE SENATE,

"Anything in this Constitution to the contrary notwithstanding, the Mayor and Aldermen of the City of Milledgeville, Georgia, is hereby authorized to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and fa cilities of every kind and character within the corporate limits of said City and to make charges for the use thereof and to lease all or any part thereof and to accomplish the foregoing is hereby authorized to incur an additional indebtedness and evidence the same by the issuance, from time to time, of its direct general obliga tion bonds, but the principal amount of such general obligation bonds outstanding at any one time shall not exceed five per centum (5%) of the assessed value of all taxable property, including real property within the corporate limits of said City as now existent and within any extension of same, subject to taxation for bond purposes, which shall be in addition to and separate from the seven per centum (7%) debt limitation now imposed by this Con stitution. The issuance or non-issuance of said bonds shall be sub
mitted to the registered, qualified voters of the City for their deter mination in the same manner and under the same provisions as contained in this Constitution and the laws of this state. If any such bonds are so authorized pursuant to any such election, the governing body of said City shall, on or prior to their issuance and delivery, provide for the assessment and collection of an annual
tax sufficient in amount to pay the principal of and interest on said bonds as same mature and all of the property located within the corporate limits of said City, subject to taxation for bond purposes, shall be subject to the levy of an ad valorem tax, without limitation as to rate or amount, sufficient to pay the principal of and interest on said bonds at their respective maturities."

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 an amendment to Article VII, Section VII, Paragraph I of the Constitution, so as to authorize the Mayor and Aldermen of the City of Milledgeville to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and facilities and to incur an additional general obligation bonded indebtedness not to exceed five per centum (5%) of the assessed value of taxable property therein, in addition to the seven per centum (7%) debt limitation now imposed by the Constitution, by the issuance of general obligation bonds to provide funds to
accomplish the foregoing."

"Against ratification of an amendment to Article VII, Section VII, Paragraph I of the Constitution, so as to authorize the Mayor

TUESDAY, FEBRUARY 18, 1964

857

and Aldermen of the City of Milledgeville to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and facilities and to incur an additional general obligation bonded indebtedness not to exceed five per centum (5%) of the assessed value of taxable property therein, in addition to the seven per centum (7%) debt limitation now imposed by the Constitution, by the issuance of general obligation bonds to provide funds to ac complish the foregoing."

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

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

The Committee on County and Municipal Governments offered the following substitute:

A RESOLUTION
Proposing an amendment to Article VII, Section VIII, Paragraph I of the Constitution, so as to authorize the Mayor and Aldermen of the City of Milledgeville to acquire, construct, equip, maintain and operate off-street parking areas, buildings and facilities and to make charges for the use thereof and to lease all or any part thereof and to incur an additional indebtedness and to issue its general obligation bonds for the purpose of acquiring, constructing, adding to, improving and equipping such off-street parking areas, buildings and facilities; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following:
"Anything in this Constitution to the contrary notwithstanding, the Mayor and Aldermen of the City of Milledgeville, Georgia is hereby authorized to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and fa cilities of every kind and character within the corporate limits of said City and to make charges for the use thereof and to lease all or any part thereof and to accomplish the foregoing is hereby

858

JOURNAL OP THE SENATE,

authorized to incur an additional indebtedness and evidence the same by the issuance, from time to time, of its direct general obligation bonds, but the principal amount of such general obligation bonds outstanding at any one time shall not exceed five per centum (5%) of the assessed value of all taxable property, including real property within the corporate limits of said City as now existent and within any extension of same, subject to taxation for bond purposes, which shall be in addition to and separate from the seven per centum (1%) debt limitation now imposed by this Con stitution. The issuance or non-issuance of said bonds shall be sub
mitted to the registered, qualified voters of the City for their determination in the same manner and under the same provisions
as contained in this Constitution and the laws of this state. If any such bonds are so authorized pursuant to any such election, the governing body of said City shall, on or prior to their issuance and delivery, provide for the assessment and collection of an annual tax sufficient in amount to pay the principal of and interest on said bonds as same mature and all of the property located within the corporate limits of said City, subject to taxation for bond purposes, shall be subject to the levy of an ad valorem tax, without limitation as to rate or amount, sufficient to pay the principal of and interest on said bonds at their respective maturities. This amendment is self-enacting and does not require any enabling legislation for it to become effective, provided, however, the Gen eral Assembly may by law grant further and additional powers to the City not inconsistent with the provisions of this amendment."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of an amendment to Article VII, Section VII, Paragraph I of the Constitution, so as to authorize the Mayor and Aldermen of the City of Milledgeville to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and facilities and to incur an additional general obligation bonded indebtedness not to exceed five per centum (5%) of the as sessed value of taxable property therein, in addition to the seven per centum (7%) debt limitation now imposed by the Constitution, by the issuance of general obligation bonds to provide funds to accomplish the foregoing.

"Against ratification of an amendment to Article VII, Section VII, Paragraph I of the Constitution, so as to authorize the Mayor and Aldermen of the City of Milledgeville to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and facilities and to incur an additional general

TUESDAY, FEBRUARY 18, 1964

859

obligation bonded indebtedness not to exceed five per centum (5%) of the assessed value of taxable property therein, in addition to the seven per centum (7%) debt limitation now imposed by the Con stitution, by the issuance of general obligation bonds to provide funds to accomplish the foregoing."

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

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

On the adoption of the substitute, the ayes were 45, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

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

Those voting in the affirmative were Senators:

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

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kidd Knox Lee Maclntyre Moore McKinnon McWhorter Noble Oliver Pelham

Pennington Phillips Rowan Salome Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

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JOURNAL OF THE SENATE,

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted by substitute.

HR 442. By Messrs. Keyton and Russell of Thomas:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Thomas County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade and to levy taxes for the payment of such bonds; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provision of the Constitution to the contrary not withstanding, the governing authority of Thomas County is hereby authorized and empowered to (1) acquire real property and to acquire, construct and equip buildings and facilities for education beyond the twelfth grade to convey any such property so acquired to the Board of Regents of the University System of Georgia, its successors or assigns; (2) contribute funds to the Board of Regents of the University System of Georgia to be applied toward the acquisition of real property and the acquisition, construction and equipping of buildings and facilities for education beyond the twelfth grade.
"In order to finance such undertaking, the governing authority of Thomas County is hereby authorized to issue, from time to time, general obligation bonds bearing the rate or rates of interest and maturing at the years and amounts determined by said governing authority. Any bonds issued pursuant to the authority herein granted shall be issued in accordance with the provisions of this Constitution and the laws governing the issuance of general ob ligation bonds. The taxes assessed, levied and collected for the payment of the bonded indebtedness incurred pursuant to the pro visions herein shall be upon all the taxable property in Thomas County, including any such property in any municipal or indepen dent school system or district. Said governing authority is hereby authorized to incur such bonded indebtedness and to levy taxes for the purpose of discharging such bonded indebtedness regardless of whether such real property, buildings or facilities for education are located within the territorial limits of Thomas County, Georgia. The bonded indebtedness herein authorized shall be in addition to any other limitations stated in this Constitution particularly the limitations set out in this paragraph. Prior to exercising the au thority herein granted, the governing authority of Thomas County

TUESDAY, FEBRUARY 18, 1964

861

shall have contracted with the Board of Regents of the University System of Georgia to convey any property or funds so acquired to the Board of Regents of the University System of Georgia; and the Board of Regents shall have contracted with the governing authority of Thomas County to accept any such property or funds for the purpose of constructing and equipping such buildings and facilities and to operate and maintain the same as a unit of the University System of Georgia rather than as a part of the public school system of this State."

Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken there on, 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 governing authority of Thomas County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade.

"Against ratification of amendment to the Constitution so as to authorize the governing authority of Thomas County to issue gen eral obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade."

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:

862
Brewer Brown of 34th Byrd Carlton Carter Conway Downing Ellis Pincher Fuqua Gayner Gillis Gordy Hall Heard

JOURNAL OF THE SENATE,

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kidd Knox Lee Maclntyre Moore McKinnon McWhorter Noble Oliver Pelham

Pennington Phillips Rowan Salome Scott Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Zorn

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

On the adoption of the resolution, the ayes were 45, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 443. By Mr. Murphy of Haralson:

A RESOLUTION
Proposing an amendment to the Constitution so as to create the Waco Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in the Town of Waco in Haralson County to be known as the Waco Development Authority, which shall be an instrumentality of the Town of Waco and a public corporation and which in this amend ment is hereafter referred to as the 'Authority';
"B. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible for reappointment. The members shall be appointed by the Mayor and Council of the Town of Waco. The first members shall be appointed for terms of one, two, three, four and five years, and thereafter their successors shall be appointed for terms of five years. Vacan cies shall be filled for the unexpired term by the Mayor and Council. A majority of the members shall constitute a quorum and a ma-

TUESDAY, FEBRUARY 18, 1964

863

jority may act for the Authority in any matter. The members shall elect one from among themselves to serve as chairman from year to year. 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 the Town of Waco, Georgia;

"D. The powers of the Authority shall include, but not be limited to, the power:

"(1) To receive and administer gifts, grants and donations and to administer trusts;

"(2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

"(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 the Town of Waco and within a radius of 5 miles as measured from the center of said town so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within aforesaid territorial limits suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such build ing:
"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30)

JOURNAL OF THE SENATE,
years from the date of transfer of possession. The lessee or pur chaser shall be required to pay all costs of operating and main taining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking.
"(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(8) To designate officers to sign and act for the Authority generally or in any specific matter;
"(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner and debt, liability or obligation against the State of Geor gia, Haralson County, or Town of Waco.
"P. The members of the Authority shall receive no compen sation for their services to the Authority;
"G. In order to finance any undertaking with the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761) as amended, Ga. Code Ann. Supp. Charter 87-8, as if said obligations had been originally authorized to be issued there under; provided, however, that any property, real or personal of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agree ment or indenture not in conflict with the provisions of this amend ment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition, under which such bonds are issued. Nothing here in contained shall be construed to create a right to compel any exercise of the taxing power of either Haralson County or the Town of Waco to pay any of the said obligations of said authority.
"H. The Authority may authorize additional bonds, for ex tensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become neces sary. Bonds so placed in escrow shall, when sold and delivered, have

TUESDAY, FEBRUARY 18, 1964

865

such standing with the bonds of the same issue as may be provided in the authorizing proceedings.
"I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:

"(1) The undertaking for which the bonds are to be issued will increase employment within the territorial limits herein desig nated.
"(2) The lessee or purchaser of the building or buildings in volved will not by virtue of establishing operations in said ter ritorial limits, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia.
"J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or cor porations shall at any time be used for entertainment, or other promotional expenses.
"K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the Town of Waco subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time.
"L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade in the Town of Waco and its vicinity and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.

"M. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation.

"N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the Town of Waco and the scope of its operations shall be limited to the territory embraced within said Town and within a radius of 5 miles as measured from the center of said town. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds (%) of the members elected to each of the two branches of the General Assembly, and the same

866

JOURNAL OF THE SENATE,

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 Waco Development Authority.

"Against ratification of amendment to the Constitution so as to create the Waco Development Authority."

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

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

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

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

Those voting in the affirmative were Senators:

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

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kidd Knox Lee Maclntyre Moore McKinnon
McWhorter Noble Oliver Pelham

Pennington Phillips Rowan Salome Scott Searcey Smalley Smith Spinks Thomas Tribble
Webb Wesberry Yancey Zorn

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

TUESDAY, FEBRUARY 18, 1964

867

On the adoption of the resolution, the ayes were 45, nays 0.

The resolution, having received the requisite constitutional two-thirds majority, was adopted.

HR 421. By Messrs. Mackay and Harris of DeKalb:

A RESOLUTION
To propose to the qualified voters of Georgia an amendment to Article VII, Section IV, Paragraph II, of the Constitution of Georgia of 1945 to provide that the General Assembly may grant to the govern ing authority of DeKalb County the right to provide for the construction and maintenance of streets, sidewalks and curbing within any subdivi sion of the county located inside the corporate limits of any municipality lying wholly within said County except the City of Decatur, where the lots have been subdivided with frontages of 125 feet or less and to assess the cost thereof pro rata on a footage basis against the property pro vided the owners of 51% of the property abutting such improvements shall consent thereto in writing and the municipality shall request said improvements and to provide for the issuance and enforcement of executions for the collection of such assessments and for the creation of liens thereby against such abutting property and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
Section 1. That Article VII, Section IV, Paragraph II of the Constitution of Georgia of 1945 be amended by adding thereto the following:
"The General Assembly may grant to the governing authority of DeKalb County the right to provide for the construction and maintenance of streets, sidewalks and curbing within any subdivi sion of the county located inside the corporate limits of any munici pality lying wholly within said County except the City of Decatur, where the lots have been subdivided with frontages of 125 feet or less and to assess the costs thereof pro rata on a footage basis against the abutting property, provided the owners of 51% of the property abutting such improvements shall consent thereto in writing and the municipality shall request such improvements by the County and to provide for the issuance and enforcement of executions for the collection of such assessments and for the crea tion of liens thereby against such abutting property.
Section 2. Be it further enacted that when this amendment shall have been agreed to by the requisite two-thirds of the members of each house, with the "Ayes" and "Nays" entered thereon, it shall be pub lished and submitted to the qualified voters of Georgia for ratification or rejection at the next general election at which constitutional amend ments may be voted on. All persons voting at said election in favor

868

JOURNAL OF THE SENATE,

of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words. "For the ratification of the amendment to Article VII, Section IV, Paragraph II, of the Constitution authorizing the General Assembly to permit the governing authority of DeKalb County to make street, sidewalk and curbing improvements in municipalities lying wholly within said County, except the City of Decatur and to assess the cost against the abutting property creating a lien thereon with the approval in writing of the owners of 51% of the property affected and the governing authority of the municipality" and all persons opposed to the adoption of said amend ment shall have written or printed on their ballots the words, "Against the ratification of the amendment to Article VII, Section IV, Paragraph II, of the Constitution authorizing the General Assembly to permit the governing authority of DeKalb County to make street, sidewalk and curbing improvements in municipalities lying wholly within said County, except the City of Decatur and to assess the cost against the abutting property creating a lien thereon with the approval in writing of the owners of 51% of the property affected and the governing authority of the municipality." If adopted, the result shall be declared and said amendment shall become a part of Article VII, Section IV, Paragraph II of the Constitution of the State of Georgia, and the Governor shall make a proclamation therefor, as provided by law.

Section 3. All laws and parts of laws in conflict with the Act be and the same are hereby repealed.

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 Brown of 34th Byrd Carlton Carter Conway Downing Ellis Fincher Fuqua Gayner Gillis Gordy Hall Heard

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kidd Knox Lee Maclntyre Moore McKinnon McWhorter Noble Oliver Pelham

Pennington Phillips Rowan Salome Scott Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Zorn

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

TUESDAY, FEBRUARY 18,1964

869

On the adoption of the resolution, the ayes were 45, nays 0.

The resolution, having received the requisite constitutional two-thirds majority, was adopted.

HR 446. By Messrs. Chandler and Harrington of Baldwin:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the Mayor and Aldermen of the City of Milledgeville to issue revenue bonds for the purpose of acquiring, constructing, adding to, improving, equipping, maintaining and operating off-street parking areas, buildings and facilities of every kind and character in the City of Milledgeville; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article VII, Section VII, Paragraph I of the Constitu tion is hereby amended by adding at the end thereof the following:
"Anything in this Constitution to the contrary, notwithstanding, the Mayor and Aldermen of the City of Milledgeville is hereby authorized to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and facilities of every kind and character within the corporate limits of the City of Milledgeville and to make charges for the use thereof and to lease all or any part thereof, and to accomplish the foregoing is hereby authorized to issue revenue bonds."
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 Mayor and Aldermen of the City of Milledgeville to issue revenue bonds for the purpose of acquiring, constructing, adding to, improving, equipping, maintaining and operating offstreet parking areas, buildings and facilities of every kind and character within the corporate limits of the City of Milledgeville.

870

JOURNAL OF THE SENATE,

"Against ratification of amendment to the Constitution so as to authorize the Mayor and Aldermen of the City of Milledgeville to issue revenue bonds for the purpose of acquiring, constructing, adding to, improving, equipping, maintaining and operating offstreet parking areas, buildings and facilities of every kind and character within the corporate limits of the City of Milledgeville."

All person 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 Committee on County and Municipal Governments offered the following substitute:

A RESOLUTION
Proposing an amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia so as to authorize the Mayor and Aldermen of the City of Milledgeville to acquire, construct, equip, maintain and operate off-street parking areas, buildings and facilities and to prescribe and revise rates and to collect fees, tolls and charges for the use thereof and to lease all or any part thereof and to enter into contracts with other political subdivisions or public corporations and private corporations and persons for the use thereof and to issue its revenue bonds or obligations to finance, in whole or in part, the cost of acquiring, constructing, adding to, improving and equipping such off-street parking areas, buildings and facilities; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph V of the Con stitution of the State of Georgia is hereby amended by adding at the end thereof the following:
"Anything in this Constitution to the contrary notwithstand ing, the Mayor and Aldermen of the City of Milledgeville, Georgia, is hereby authorized to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and facilities of every kind and character within the corporate limits of said city and to make and to prescribe and revise rates and to collect fees, tolls and charges for the use thereof and to lease all

TUESDAY, FEBRUARY 18, 1964

871

or any part thereof and to contract with other political subdivisions or public corporations and private corporations and persons for the use thereof and to accomplish the foreging is hereby authorized to issue its revenue bonds or obligations to finance, in whole or in part, the cost of acquiring, constructing, adding to, improving and equipping off-street parking areas, buildings and facilities and to pay all expenses incident thereto. Any such revenue bonds authorized to be issued hereunder shall be issued and validated pursuant to the provisions of the Revenue Bond Law (Ga. Laws 1957, p. 36 et seq.), amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761 et seq., as amended). This amendment is self-enacting and does not require any enabling legislation for it to become effective, provided, however, the General Assembly may by law grant further and additional powers to the City not inconsistent with the provisions of this amendment."

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 1, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of an amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia so as to authorize the Mayor and Aldermen of the City of Milledgeville to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and facilities and to issue its revenue bonds or obligations to finance, in whole or in part, the cost of accomplishing the foregoing.

"Against ratification of an amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia so as to authorize the Mayor and Aldermen of the City of Milledgeville to acquire, construct, add to, improve, equip, maintain and operate offstreet parking areas, buildings and facilities and to issue its revenue bonds or obligations to finance, in whole or in part, the cost of accomplishing the foregoing."

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

If such amendment shall be ratified as provided in said Article XIII, Section I, Paragraph I of the Constitution, as amended, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to

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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 by substitute, was agreed to.

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

Those voting in the affirmative were Senators:

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

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kidd Knox Lee Maclntyre Moore McKinnon McWhorter Noble Oliver Pelham

Pennington Phillips Rowan Salome Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted by substitute.

HR 447. By Messrs. Candler and Harrington of Baldwin:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Baldwin County to issue revenue bonds for the purpose of acquiring, constructing, adding to, improving, equipping, maintaining and operating off-street parking areas, buildings and facili ties of every kind and character in Baldwin County outside the City Limits of the City of Milledgeville; 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:

TUESDAY, FEBRUARY 18, 1964

873

SECTION 1

Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"Anything in this Constitution to the contrary notwithstanding, the governing authority of Baldwin County is hereby authorized to acquire, construct, add to, improve, equip, maintain and operate offstreet parking areas, buildings and facilities of every kind and char acter, in said County outside the corporate limits of the City of Milledgeville and to make charges for the use thereof and to lease all or any part thereof, and to accomplish the foregoing is hereby authorized to issue revenue bonds."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the governing authority of Baldwin County to issue reve nue bonds for the purpose of acquiring, constructing, adding to, im proving, equipping, maintaining and operating off-street parking areas, buildings and facilities of every kind and character in Bald win County outside the City Limits of the City of Milledgeville.
"Against ratification of amendment to the Constitution so as to authorize the governing authority of Baldwin County to issue reve nue bonds for the purpose of acquiring, constructing, adding to, im proving, equipping, maintaining and operating off-street parking areas, buildings and facilities of every kind and character in Bald win County outside the City Limits of the City of Milledgeville."
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.

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The Committee on County and Municipal Governments offered the following substitute:

A RESOLUTION
Proposing an amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia so as to authorize the govern ing authority of Baldwin County to acquire, construct, equip, maintain and operate off-street parking areas, buildings and facilities and to pre scribe and revise rates and to collect fees, tolls and charges for the use thereof and to lease all or any part thereof and to enter into contracts with other political subdivisions or public corporations and private cor porations and persons for the use thereof and to issue its revenue bonds or obligations to finance, in whole or in part, the cost of acquiring, con structing, adding to, improving and equipping such off-street parking areas, buildings and facilities; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph V of the Constitu tion of the State of Georgia is hereby amended by adding at the end thereof the following:
"Anything in this Constitution to the contrary notwithstanding, the governing authority of Baldwin County is hereby authorized to acquire, construct, add to, improve, equip, maintain and operate offstreet parking areas, buildings and facilities of every kind and char acter in the county without the corporate limits of the City of Milledgeville, and to make and to prescribe and revise rates and to collect fees, tolls and charges for the use thereof and to lease all or any part thereof and to contract with other political subdivisions or public corporations and private corporations and persons for the use thereof and to accomplish the foregoing is hereby authorized to issue its revenue bonds or obligations to finance, in whole or in part, the cost of acquiring, constructing, adding to, improving and equipping off-street parking areas, buildings and facilities and to pay all ex penses incident thereto. Any such revenue bonds authorized to be issued hereunder shall be issued and validated pursuant to the pro visions of the Revenue Bond Law (Ga. Laws 1957, p. 36, et seq.), amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761, et seq., as amended). This amend ment is self-enacting and does not require any enabling legislation for it to become effective, provided, however, the General Assembly may by law grant further and additional powers to the county not inconsistent with the provisions of this amendment."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided

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875

in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of an amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia so as to authorize the governing authority of Baldwin County to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and facilities and to issue its revenue bonds or obligations to finance, in whole or in part, the cost of accomplish ing the foregoing.

"Against ratification of an amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia so as to authorize the governing authority of Baldwin County to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and facilities and to issue its revenue bonds or obligations to finance, in whole or in part, the cost of accomplish ing the foregoing."

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

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

On the adoption of the substitute, the ayes were 45, 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.

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 Byrd Carlton

Carter Conway Downing Ellis

Fincher Fuqua Gayner Gillis

876
Gordy Hall Heard Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kidd Knox Lee

JOURNAL OF THE SENATE,
Maclntyre Moore McKinnon McWhorter Noble Oliver Pelham Pennington Phillips Rowan Salome

Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted by substitute.

HR 393. By Mr. Smith of Habersham:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the notice of the intention to apply for local legislation which affects Habersham County, or any political subdivision located therein, may be published in any daily or weekly newspaper of general circulation pub lished within Habersham 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 III, Section VII, Paragraph XV of the Constitution relating to the publication of the notice of the intention to apply for local legisla tion is hereby amended by adding at the end thereof the following:
"Any provision in this Paragraph to the contrary notwithstand ing, the notice of the intention to apply for local legislation which affects Habersham County, or any political subdivision located therein, may be published in any daily or weekly newspaper of general circulation published within Habersham County if such newspaper has been in publication at least five (5) years."

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877

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 notice of intention to apply for local legislation which affects Habersham County, or any political subdivision located therein, may be published in any daily or weekly newspaper of general circulation published within Habersham County.
"Against ratification of amendment to the Constitution so as to provide that the notice of intention to apply for local legislation which affects Habersham County, or any political subdivision located therein, may be published in any daily or weekly newspaper of general circulation published within Habersham County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the 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 Byrd Carlton Carter

Conway
Downing Ellis Fincher Fuqua

Gayner
Gillis Gordy Hall Heard

878
Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kidd Knox Lee Maclntyre Moore

JOURNAL OF THE SENATE,

McKinnon McWhorter Noble Oliver Pelham Pennington Phillips Rowan Salome Scott

Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 416. By Messrs. Overby and Williams of Hall:

A RESOLUTION
Proposing an amendment to the Constitution so as to create the Gainesville and Hall County Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Gainesville and Hall County to be known as the Gainesville and Hall County Development Authority, which shall be an instru mentality of Gainesville and Hall County and a public corporation and which in this amendment is hereafter referred to as the 'Authority';
"B. The Authority shall consist of nine members, four to be appointed by the Commissioners of Hall County, four to be ap pointed by the Commissioners of the City of Gainesville, and one to be elected by the members of the Authority for a full four-year term, who shall have control, duties, powers and authority as are hereby conferred and as may be prescribed or provided for by the

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879

General Assembly of Georgia, and such additional powers as may be delegated to the Authority by the County of Hall and the City of Gainesville. Members of the Authority shall be residents of Hall County, within or without the municipality located therein. The first appointments shall be for terms of one, two, three and four years. Thereafter all terms and appointments, except in case of a vacancy, shall be for four years. The General Assembly shall provide for appointment of the Authority. The Authority shall elect a chairman, a vice-chairman and a secretary-treasurer. The secre tary-treasurer shall not be required to be a member of the Au thority.
"C. All debentures, notes, bonds, and revenue bonds or obliga tions issued by the Authority shall have the same immunity from taxation as the obligations and interest on the obligations of Gaines ville and Hall County.

"D. The powers of the Authority shall include, but not be lim ited to, the power:
"(1) To receive and administer gifts, grants and donations and to administer trusts;

"(2) To borrow money, to issue notes, bonds and revenue obligations, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property, contract rights, and income as security 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 corpora tions except such as are inconsistent with this amendment, includ ing the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regu lations for the conduct and management of the Authority;

"(5) To encourage and promote the expansion and development of industrial and commercial facilities in Gainesville and Hall County so as to relieve, insofar as possible, unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Gainesville and Hall County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing build ing and the remodeling, renovating, reconstructing, furnishing and equipping of such building;

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"(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms, or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or pur chaser shall be required to pay all costs of operating and main taining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking.

"(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

"(8) To designate officers to sign and act for the Authority generally or in any specific matter;

"(9) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner and debt, liability or obligation against the State of Geor gia or Hall County, or the City of Gainesville.

"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 Au thority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal in existence or anticipated, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreements or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of the City of Gainesville or of Hall County to pay such bonds or the interest thereon nor to enforce payment thereof
against any property of the City of Gainesville or Hall County.

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881

"H. The Authority may authorize additional bonds, for ex tensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become nec essary. 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 moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses.

"J. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Gainesville and Hall County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said prop erty at that time.

"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Gainesville or Hall County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally con strued for the accomplishment of these purposes.

"L. 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.

"M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Gainesville and Hall County and the scope of its operations shall be limited to the ter ritory embraced within said city or county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits.

"The provisions of this amendment shall supersede an amend ment creating the Gainesville and Hall County Development Au thority ratified at the November 1962 general election and found in Georgia Laws 1961, p. 600. All actions and proceedings taken under the provisions of any law passed pursuant to the aforesaid amendment are hereby ratified and confirmed in the same manner as if the provisions contained herein had been in effect. The Authority created hereunder shall be the successor to the Authority created pursuant to the aforesaid amendment and shall succeed to all the powers of the Authority created pursuant to the afore said amendment and the assets and obligations of such Authority shall be the assets and obligations of the Authority created herein."

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SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to create the Gainesville and Hall County Development Authority.

"Against ratification of amendment to the Constitution so as to create the Gainesville and Hall County Development Authority."

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

If a majority of the electors qualified to vote for members of the General Assembly voting thereon in Hall County shall vote for ratifi 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 the result and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon.

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

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

Those voting in the affirmative were Senators:

Brewer Brown of 34th Byrd Carlton Carter Conway Downing Ellis Fincher

Puqua Gayner Gillis Gordy Hall Heard Holloway Hunt Jackson

Johnson of 42nc Johnson of 38th Kidd Knox Lee Maclntyre Moore McKinnon McWhorter

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883

Noble Oliver Pelham Pennington Phillips Rowan

Salome Scott Searcey Smalley Smith Spinks

Thomas 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 45, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 450. By Mr. Parker of Screven:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of members of the board of education of Screven County by the people; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The board of education of Screven County shall be composed of seven (7) members to be elected from the county at large by the voters of the entire county.
"In the event this amendment is ratified at the general elec tion in 1964, it shall be the duty of the ordinary of Screven County to issue the call for an election for the purpose of electing the members of the board of education of Screven County created herein. Such call shall be issued within ten (10) days from the date of such ratification and the ordinary shall set the date for such election for a day not less than twenty (20) nor more than thirty (30) days from the date of issuance of the call. It shall be the duty of the ordinary to publish the date of the election and the purpose thereof once a week for two weeks immediately preceding the date of the election in the official organ of Screven County. Candidates for membership on the board shall qualify with the ordinary from the date of the issuance of the call up until ten (10)

884

JOURNAL OP THE SENATE,

days prior to the date of the election. The four (4) candidates re ceiving the highest number of votes in such election shall be elected for terms of four (4) years, and until their successors are elected and qualified. The three (3) candidates receiving the next highest number of votes shall be elected for a term of two (2) years, and until their successors are elected and qualified. All seven (7) mem bers will take office January 1, 1965. Successors to the three (3) members elected for two (2) year terms shall be elected at the gen eral election in November, 1966 for terms of four (4) years and until their successors are elected and qualified. All future suc cessors to such members shall be elected at the general election each four (4) years thereafter and shall likewise be elected for terms of four (4) years and until their successors are elected and qualified. Successors to the four (4) members elected for four (4) year terms shall be elected at the general election in Novem ber, 1968 for terms of four (4) years and until their successors are elected and qualified. All future successors to such members shall be elected at the general election each four (4) years there after and shall likewise be elected for terms of four (4) years and until their successors are elected and qualified.
* "At its first meeting each year the board shall elect one of
the members to serve as chairman for that year and until the election of a chairman in the subsequent year. Any member shall be eligible to succeed himself as a member of the board and also as chairman of the board. In the event a vacancy occurs on the board for any reason other than expiration of term of office the remaining members of the board shall elect a person to serve for the unexpired term.

"The board of education in existence at the time of the ratifi cation of this amendment shall continue in existence through De cember 31, 1964 but the terms of all members of such board shall expire at that time and such board of education shall stand abol ished. The board created herein shall be the successor to such abolished board and such board and the members thereof shall be subject to all Constitutional and statutory provisions relative to county boards of education and to county board members unless such provisions are in conflict with the provisions of this amend ment."

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:

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885

"For ratification of amendment to the Constitution so as to provide for the election of members of the board of education of Screven County by the people.
"Against ratification of amendment to the Constitution so as to provide for the election of members of the board of education of Screven County by the people."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all 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 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 Brown of 34th Byrd Carlton Carter Conway Downing Ellis Fincher Fuqua Gayner Gillis Gordy Hall Heard

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kidd Knox Lee Maclntyre Moore McKinnon McWhorter Noble Oliver Pelham

Pennington Phillips Rowan Salome Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

886

JOURNAL OF THE SENATE,

HR 451. By Messrs. Brooks and Etheridge of Fulton:

A RESOLUTION
Proposing an amendment to Article XI of the Constitution of the State of Georgia of 1945 as to authorize Fulton County to co-operate in the construction of a stadium and related facilities within the cor porate limits of the City of Atlanta and to enter into contracts in con nection therewith, and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA AND IT IS HEREBY RESOLVED BY AUTHORITY OF THE SAME:
SECTION 1
Article XI of the Constitution of the State of Georgia of 1945, as amended, be further amended by adding at the end thereof the follow ing provision:
"Paragraph XI: Notwithstanding any other provision of this Constitution, Fulton County is hereby authorized to co-operate with the City of Atlanta, or any authority now in existence or hereafter created, to construct a stadium and related facilities within the corporate limits of the City of Atlanta, and to that end is hereby authorized to contract with said City and any such authority for the purpose of paying up to one-third of the amount necessary to retire the principal of and the interest on any obligations issued to finance the construction of any such stadium and related facili ties."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"Against ratification of amendment to the constitution so as to authorize Fulton County to co-operate in the construction of a stadium and related facilities within the corporate limits of the City of Atlanta and to enter into contracts in connection therewith.
"For ratification of amendment to the Constitution so as to authorize Fulton County to co-operate in the construction of a

TUESDAY, FEBRUARY 18, 1964

887

stadium and related facilities within the corporate limits of the City of Atlanta and to enter into contracts in connection there with."

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 Brown of 34th Byrd Carlton Carter Conway Downing Ellis Fincher Fuqua Gayner Gillis Gordy Hall Heard

Holloway

'

Hunt

Jackson

Johnson of 42nd

Johnson of 38th

Kidd

Knox

Lee

Maclntyre

Moore

McKinnon

McWhorter

Noble

Oliver

Pelham

Pennington Phillips Rowan Salome Scott Seareey Smalley Smith Spinks Thomas 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 45, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 452. By Mr. Smith of Habersham:

JOURNAL OF THE SENATE,
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Habersham County Industrial Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article V, Section IX, Paragraph I of the Constitution is hereby amended by adding at the end thereof a new Paragraph which shall read as follows:
"A. There is hereby created a body corporate and politic in the County of Habersham to be known as the Habersham County Industrial Development Authority, which shall be an instrumental ity of the County of Habersham and a public corporation and which in this amendment is hereafter referred to as the 'Authority'.
"B. The Authority shall consist of seven members as follows: three members shall be the three members of the Board of Commis sioners of Roads and Revenue of Habersham County; one member shall be the President of the City of Clarkesville Chamber of Com merce; one member shall be the President of the Habersham County Junior Chamber of Commerce; one member shall be the President of the City of Cornelia Chamber of Commerce; and one member shall be the President of the City of Demorest Civic Club. The terms of office of the members shall run concurrently with their respective terms as members of the Board of Commissioners of Roads and Revenue of Habersham County or as Presidents of the organizations enumerated, whichever the case may be, and their respective successors shall succeed them as members of the Author ity. Five members shall constitute a quorum, and a majority of said quorum may act for the Authority in any matter, including the filling of vacancies by a majority vote appointing a new mem ber. No vacancy, or vacancies, shall impair the power of the Author ity to act, and in the event of several vacancies, then the remaining members shall constitute a quorum. The Chairman of the Board of Commissioners of Roads and Revenue of Habersham County shall act as presiding officer at meetings of the members of the Author ity, and in his absence the members present shall appoint one of their number to act as presiding officer.
"C. The property, obligations and interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of the County of Habersham except such buildings, land and equipment purchased by the Authority and found in industrial use at the time of the adoption of this amendment.

TUESDAY, FEBRUARY 18, 1964

889

"D. The County of Habersham by and through the authority of the Board of Commissioners of Roads and Revenue is hereby authorized and empowered to levy a tax on all taxable property therein not to exceed one (1) mill for the purpose of establishing a fund to be set aside, transferred to, or used by said Authority for the general purposes of the Authority as herein prescribed.

"E. The powers of the Authority shall include, but not be limited to, the power:

(1) To receive and administer gifts, grants and donations and to administer trusts;

(2) To borrow money, to issue notes, bonds and revenue certifi cates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

(4) To have and exercise the usual powers of private corpora tions except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may 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 the County of Habersham so as to relieve insofar as possible unemployment within its bounda ries, and to that end to acquire by purchase or gift any building or structure within the limits of Habersham County suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and remodeling, renovating, reconstructing, furnishing and equipping of such build ing. No construction or purchase of materials for construction or purchase of office supplies or equipment whose value is in excess of three hundred ($300.00) dollars shall be made except by ad vertisement for sealed bids and on the basis of lowest bid. No mem ber of said Authority or any member of his or her family shall be allowed to perform any business transaction with said authority or contractor doing business with the Authority. Neither shall any member of the Authority or any member of his family be employed by firms or persons transacting business with the Authority;

890

JOURNAL OP THE SENATE,

(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 except corporations whose stock is owned in part by any member of the Authority of the governing body of the County of Habersham. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer or possession. The lessee or pur chaser shall be required to pay all costs of operating and main taining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking;

(7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

(8) To designate officers to sign and act for the Authority generally or in any specific matter;

(9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.

"F. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Geor gia or the County of Habersham.

"G. The members of the Authority shall receive no compensa tion for their services to the Authority.

"H. 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 the rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as pro vided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of the County of Haber sham to pay any such bonds or the interest thereon nor to enforce payment thereof against the property of the County of Habersham.

TUESDAY, FEBRUARY 18, 1964

891

"I. 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.

"J. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that:

(1) The undertaking for which the bonds are to be issued will increase employment in the County of Habersham;

(2) The lessee or purchaser of the building or buildings in volved will not by virtue of establishing operations in said County, reduce the number of employees employed by said lessee or pur chaser elsewhere in the State of Georgia.

"K. No monies derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses.

"L. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the County of Habersham, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said prop erty at that time.

"M. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent, independent auditor; and the minutes and records of the same shall be filed with the clerk of the Board of Commissioners of Roads and Revenues of Habersham County and shall be available for public inspection.

"N. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the County of Habersham and reducing unemployment to the greatest extent possible, and this amendment and any law en acted with reference to the Authority shall be liberally construed for the accomplishment of these purposes.

"0. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first mem bers of the Authority shall take office within thirty (30) days after such proclamation.

"P. 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

892

JOURNAL OP THE SENATE,

further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the County of Habersham and the scope of its operations shall be limited to the territory embraced within said County. The General Assembly shall not ex tend the jurisdiction of the Authority nor the scope of its operations beyond such limits."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such purposed 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 ratifiaction of amendment to the Constitution so as to create the Habersham County Industrial Development Authority,

"Against ratification of amendment to the Constitution so as to create the Habersham County Industrial Development Authority."

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

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 offered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Brown of 34th Byrd Carlton Carter Conway Downing Ellis Fincher Fuqua Gayner Gillis

Gordy Hall Heard Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kidd Knox Lee Maclntyre

Moore McKinnon McWhorter Noble Oliver Pelham Pennington Phillips Rowan Salome Scott Searcey

Smalley Smith Spinks

TUESDAY, FEBRUARY 18, 1964

893

Thomas 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 45, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 456. By Mr. Bagby of Paulding:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Paulding County by the people; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
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 Paulding County shall be com posed of one member from each of the five Education Districts and two members from one Education District provided for hereinafter. All members, however, shall be elected by the voters of the entire county. Any person in order to be eligible for membership on the Board must be registered and eligible to vote for members of the General Assembly from Paulding County, must have resided in Paulding County for at least one year immediately preceding the date of the election and must reside in the district, hereinafter designated, from which he offers as a candidate for at least six months immediately preceding the date of the election. For the purpose of electing the members of the Board of Education of Paulding County, Paulding County is hereby divided into six Educa tion Districts. Education District No. 1 shall be composed of all that territory contained within Militia District No. 1080 (Dallas). Education District No. 2 shall be composed of all that territory contained within Militia District No. 942 (Weddington) and Militia District No. 1381 (Hiram). Education District No. 3 shall be com posed of all that territory contained within Militia District No. 1003 (Acorntree), Militia District No. 1043 (California) and Mi litia District No. 1596 (Roxanna). Education District No. 4 shall be composed of all that territory contained within Militia District

894

JOURNAL OF THE SENATE,

No. 951 (Cains), Militia District No. 1087 (Pumpkinvine) and Mi litia District No. 1218 (Umphries). Education District No. 5 shall be composed of all that territory contained within Militia District No. 839 (Nineteenth), Militia District No. 1443 (Tallapoosa) and Militia District No. 1553 (Union). Education District No. 6 shall be composed of all that territory contained within Militia District No. 832 (Burnt Hickory), Militia District No. 1081 (Twentieth), Militia District No. 1207 (Eutah), Militia District No. 1414 (Braswell) and Militia District No. 1554 (Racoon).

"At the General Election in November of 1966, the seven mem bers of the Board shall be elected as hereinafter provided. Two members shall be elected from Education District No. 1 and one member from each of the remaining Education Districts for terms of two years each and until their successors are elected and quali fied. All such members shall take office January 1, 1967. There after, members shall be elected for a term of four years at the elec tion in which county officers are elected immediately preceding the expiration of their term of office. All members so elected shall take office on the first day of January immediately following their elec tion.

"In the event a vacancy occurs on the Board for any reason other than expiration of term of office, the remaining members of the Board shall elect a person from the district in which the vacancy occurs and such person shall serve for the unexpired term. In the event a member moves his residence from the district he represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled. At its first meeting each year, the members of the Board shall elect one of their num ber to serve as Chairman for that year and until the election of a Chairman in the subsequent year. A member shall be eligible to succeed himself as a member of the Board and also as Chairman of the Board.

"The Board of education in existence at the time of the ratifi cation of this amendment shall continue in existence through De cember 31, 1966, but the terms of all members of such Board shall expire at that time and such Board of Education shall stand abol ished. The Board created herein shall be the successor to such abolished Board and shall be subject to all Constitutional and statu tory provisions relative to county boards of education unless such provisions are in conflict with the provisions of this amendment."

SECTION 2.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

TUESDAY, FEBRUARY 18, 1964

895

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 Paulding County by the people.

"Against ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Paulding County by the people."

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

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 Brown of 34th Byrd Carlton Carter Conway Downing Ellis Fincher Fuqua Gayner Gillis Gordy Hall Heard

Hoiloway Hunt Jackson Johnson of 42nd Johnson of 38th Kidd Knox Lee Maclntyre Moore McKinnon McWhorter Noble Oliver Pelham

Pennington Phillips Rowan Salome Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

896

JOURNAL OP THE SENATE,

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 458. By Messrs. Caldwell and Echols of Upson:

A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Thomaston-Upson County In dustrial Development Authority; to provide the manner in which the name of such Authority may be changed; to provide its scope and juris diction to include all the territory embraced within the limits of Upson County; to provide the purposes, duties, control, powers, organization, authority, funds and procedures of said Authority; to provide for the appointment of the members of said Authority; to provide for the is suing of revenue bonds under the provisions of the Revenue Bond Law (Ga. L. 1957, pp. 36 et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, pp. 761 et seq., as amend ed), and for the validation of such bonds; to provide all bonds and other evidences of indebtedness of said Authority and the income paid there from shall be exempt from taxation; to repeal conflicting laws; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"Thomaston-Upson County Industrial Development Authority.
"A. There is hereby created a body corporate and politic to be known as the Thomaston-Upson County Industrial Authority, which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and in that name, style and title said body may contract and be contracted with, sue and be sued, plead and be interpleaded, and complain and defend in all courts of law and equity. In the event the name of said Authority shall ever become the subject of change the same may be accomplished by an Act of the General Assembly.
"B. The said Authority is created for the purpose of expanding and developing industry in the City of Thomaston and Upson County and for improving the general welfare of said city and county.
"C. The said Authority shall consist of six (6) members, one (1) of whom shall be the Chairman of the Board of Commissioners of Roads and Revenue of Upson County, Georgia, who shall be a

TUESDAY, FEBRUARY 18, 1964

897

member by virtue of his office, one (1) of whom shall be the Mayor of the City of Thomaston, Georgia, who shall be a member by virtue of his office, two (2) of whom shall be appointed by the Board of Commissioners of Roads and Revenue of Upson County, Georgia, and two (2) of whom shall be appointed by the Mayor and Council of the City of Thomaston, Georgia.

(1) Initially the Board of Commissioners of Roads and Reve nues of Upson County, Georgia, and the Mayor and Council of the City of Thomaston shall each appoint one (1) member for a term of one (1) year, and shall each appoint one (1) member for a term of two (2) years, and thereafter upon the expiration of a member's term shall each appoint their respective successor mem bers for a term of two (2) years. As herein used, the term 'year' shall mean calendar year commencing with the month of January and ending with the month of December. All members so appointed shall serve until their terms expire and their successors are appoint ed and qualified. Any vacancy on said Authority shall be filled by appointment for the remainder of the term by the governing author ity who appointed the previous holder of the vacancy.

(2) Prior to taking office the members shall subscribe to the following oath which shall be filed in the office of the Clerk of the City of Thomaston to-wit: "I do solemnly swear that I will fully and fairly perform the duties as a member of the Thomaston-Upson County Industrial Development Authority, So Help Me God."

(3) The members of the said Authority shall be entitled to no compensation.
"D. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context:
(1) The word "Authority" shall mean the "Thomaston-Upson County Industrial Development Authority", created hereby.
(2) The word "Project" shall be deemed to mean and include the optioning, leasing and acquisition of lands, properties and im provements for development, expansion and promotion of industry and the construction of buildings and plants or the acquisition of equipment for the purpose of selling, leasing or renting such struc tures or equipment to private persons, firms or corporations.

(3) The term "cost of project" shall embrace the cost of con struction, cost of lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction, architectural and legal expenses, and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and placing the same in operation; pro-

898

JOURNAL OF THE SENATE,

vided, however, that in no event shall entertainment or promotional expenses be considered a part of the cost of any project.

"E. Any four (4) members shall constitute a quorum for the transaction of ordinary business of the Authority; however, any action with respect to any project of the Authority must be ap proved by not less than four (4) affirmative votes.

"F. The powers of the Authority herein created shall include, but not limited to, the power:

(1) To have a seal and alter the same at pleasure.

(2) To contract and be contracted with, sue and be sued, implead or be impleaded, and complain and defend in all courts of law and equity, to contract with other political subdivisions and with private persons and corporations.

(3) To acquire, hold, and dispose of real and personal property including the stock of other corporations for its corporate purposes

(4) To buy, acquire, receive as gifts, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage as well as execute deeds to secure debt to and for land, buildings, and property of all kinds within the County of Upson.

(5) To enter into contracts for periods of time not in excess of one hundred (100) years.

(6) To acquire in its own name by purchase on such terms and conditions, and in such manner as it may deem proper, real property or rights of easement therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make con tracts with respect to the use of or dispose of the same in any manner it deems to be the best advantage of the Authority. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall be in the County of Upson and/or the Mayor and Council of the City of Thomaston, the governing authorities of the County of Upson and the Mayor and Council of the City of Thomaston are authorized in their discretion to convey title to such lands, including any improvements thereon, to the Authority.

(7) To encourage and promote the expansion of industry in the City of Thomaston and in the County of Upson, and to make a long range plan therefor.

(8) To appoint and select officers, agents, and employees, in cluding engineering, architectural and construction experts, fiscal agents and attorneys, and to fix their compensation.

TUESDAY, FEBRUAEY 18, 1964

89.9

(9) To make contracts, and to execute all instruments neces sary or convenient, including contracts for construction of projects, and leases, and rental and sale of projects, or contracts with respect to the use of projects, which it erects or acquires.

(10) To construct, erect, acquire, own, repair, remodel, main tain, extend, improve, sell, equip, expand, add to, operate and man age projects and to pay the costs of any such project from the pro ceeds of revenue bonds or any other income of the Authority, or from any contribution or loans by persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use.

(11) To elect its own officers from the membership of the Au thority and to authorize and empower such officers to act for the Authority generally or in any specific matter.

(12) To issue revenue bonds for the purpose of paying all or any part of the cost of any project of the Authority. To exercise all of the rights, powers and privileges and be subject to the same liabilities as a municipality under the provisions of the Revenue Bond Law (Ga. L. 1957, pp. 36 et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, pp. 761 et seq. as amended) as amended, and as subsequently amended, with reference to the issuance of such revenue bonds and validation of same insofar as such pertain to the corporate purposes of the Authority.

(13) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds or prop erty pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof.

(14) To use the rents, profits and proceeds from the projects erected, leased or sold, to provide maintenance for such projects, and to discharge the principal and interest of revenue bonds issued by the Authority.

(15) To borrow money for any of its corporate purposes and to execute debentures, bonds, notes, mortgages, deeds to secure debt, trust deeds and other such instruments as may be necessary or convenient to evidence and secure such borrowing.

(16) To do all things within its powers to encourage industrial growth development in Upson County, and to encourage the location of new industries in said county.

(17) To exercise any power granted by the laws of the State of Georgia to public or private corporations performing similar functions, which is not in conflict with the Constitution and laws of this state.

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JOURNAL OF THE SENATE,

(18) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested.

(19) To receive and administer gifts, grants and donations and to administer trusts. Upson County, Georgia, and the City of Thomaston, Georgia, are hereby authorized to make such gifts, grants and donations of public monies to the Authority as their respective governing bodies shall from time to time authorize and make.

(20) To do all things necessary and convenient to carry out the powers expressly conferred by this Resolution upon the Authority.

(21) To adopt, alter or repeal its own by-laws, rules and regu lations governing the manner in which its business may be trans acted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its busi ness.

"G. It shall be the duty of the Authority to have all persons handling funds of the Authority fully and adequately bonded for their faithful accounting for such funds.

"H. The Authority shall not be allowed to create in any manner any debt, liability or operation, against the City of Thomaston, the State of Georgia, nor Upson County.

"I. The obligations and interest on the obligations of the Au thority shall have the same exemptions from taxation as obligations and interest on the obligations of the Mayor and Council of the City of Thomaston and of Upson County.

The exemptions from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person or corporation to use or occupy any real estate of the Au thority for a period of five years or longer under any lease or other agreement for the purposes of taxation shall be classed as an interest in the real estate and as real property and shall be taxed as real property as now provided by law, or may be taxed as the General Assembly may hereafter provide by general or local law.

"J. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution, shall revert to the City of Thomaston and to Upson County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property.

"K. The books and records of the Authority shall be audited at the expense of the Authority, by a competent independent auditor, whenever requested by either the Board of Commissioners of Roads

TUESDAY, FEBRUARY 18, 1964

901

and Revenue of Upson County or by the Mayor and Council of the City of Thomaston, but not more often than annually and when ever such audit shall be made the minutes and records of the same shall be filed with the Clerk of the Board of Commissioners of Roads and Revenue of Upson County and with the Clerk of the City of Thomaston and shall be available for public inspection.

"L. The rights and powers herein conferred upon the Authority are self executing and no enabling act of the General Assembly shall be necessary."

SECTION 2.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended. Such proposed amend ment shall be submitted as provided in said paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following: "For ratification of amend ment to Constitution so as to create the Thomaston-Upson County In dustrial Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith."
"Against ratification of amendment to Constitution so as to create the Thomaston-Upson County Industrial Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the same to the Governor who shall issue his proclamation thereon.

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

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

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Those voting in the affirmative were Senators:

Brewer Brown of 34th Byrd Carlton Carter Conway Downing Ellis Pincher Fuqua Gayner Gillis Gordy Hall Heard

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kidd Knox Lee Maclntyre Moore McKinnon McWhorter Noble Oliver Pelham

Pennington Phillips Rowan Salome Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 460. By Mr. Rowland of Johnson:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize gov erning body of Johnson County to levy an annual ad valorem tax to be used in assisting, promoting and establishing new industries and the expansion of agriculture, trade and commerce therein and in furtherance of such to create the County Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or re jection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1.
Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. In addition to the purposes for which taxes may be levied by counties as provided in said Article VII, Section IV, Paragraph

TUESDAY, FEBRUARY 18, 1964

903

I of the Constitution of the State of Georgia the Commissioner of Roads and Revenues and Advisory Board of Johnson County be and are hereby authorized to levy an annual ad valorem tax not exceeding five mills per dollar of assessed valuation on all property located in said Johnson County not excluding any realty homestead exemption, such funds so produced by such levy to be used by said county in aiding and assisting in the promotion and establishing new industries and the expansion of agriculture, trade and commerce therein. Said governing body of said county may appropriate to the Authority (hereinafter created) such amounts from its funds so raised by such levy in each year as it shall determine necessary and desirable and any funds so transferred to the Authority shall become part of its funds and may be used by the Authority in accordance with its powers and purposes as hereinafter provided, or as may hereafter be defined by law;

"B. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Johnson County and its citizens industry, agriculture, trade and commerce within the County of Johnson and making long range plans for such de velopment and expansion and to authorize the levy of taxes and the use of public funds of said county for such purpose and in the furtherance thereof there be and is hereby created a body corporate and politic in said county to be known as Johnson County Develop ment Authority which shall be an instrumentality of Johnson Coun ty and a public corporation, hereinafter in this amendment some times referred to as the 'Authority';

"C. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible to reappointment. The members of the Authority shall be elected by majority of the governing body of Johnson County. The first members shall be elected for terms of one, two, three, four and five years and thereafter their successors shall be elected to serve for a term of five years. Vacancies shall be filled for the unexpired term by said governing body. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No member of the Authority shall be a member of the governing body of said county but there shall be no other disqualification to hold public office by reason of membership in the Authority;

"D. The property, obligation and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Johnson County;

"E. The powers of the Authority shall include but not be limited to, the power:

"(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of Johnson County;

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"(2) To receive and administer gifts, grants and donations and to administer trusts;

"(3) To grant, loan and lease any of its funds and property to private persons and corporations promising to operate any indus trial plant or establishment within Johnson County which in the judgment of the Authority will be of benefit to the people of said county. The provisions of this clause shall not be construed to limit any other powers of the Authority;

"(4) To borrow money and to issue notes, bonds and revenue bonds or certificates therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
"(5) To contract with Johnson County and other political sub divisions and with private persons and corporations and to sue and be sued in its corporate name;

"(6) To have and exercise usual powers of private corpora tions except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority;

"(7) To encourage and promote the expansion of industry, agriculture, trade and commerce in Johnson County, and to make long range plans therefor;

"(8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

"(9) To designate officers to sign and act for the Authority generally or in any specific matter;

"(10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated;

"P. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Geor gia or Johnson County except to the extent and in the manner as to said county as herein set forth;

"G. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority, when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when

TUESDAY, FEBRUARY 18, 1964

905

in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority;

"H. The members of the Authority shall receive no compensa tion for their services to the Authority;

"I. The Authority with the consent of the Commissioner of Roads and Revenues and Advisory Board of Johnson County is here by authorized to issue Revenue Bonds to carry out the purposes of this amendment. Revenue Bonds so issued shall be paid from the income of the Authority from whatever sources received including appropriations of public funds made to it. Such Revenue Bonds may be authorized by resolution of the Johnson County Develop ment Authority which may be adopted at a regular or special meet ing by a majority vote of the members of said Authority. Said Authority in determining the cost of any undertaking for which Revenue Bonds are to be issued may include all costs relative to the issuance thereof as well as engineering, inspection, fiscal and legal expenses, and interest estimated to accrue during the con struction period, and for six months thereafter and such bonds shall bear such date or dates, mature at such time or times, not exceeding thirty years from their respective dates, bear interest at such rate or rates not exceeding seven per cent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution authorizing the is suance of such bonds may provide. All bonds and the interest there on so issued by said Authority are hereby declared to be non-taxable for any and all purposes. The governing body of Johnson County by a majority vote of its members at a regular or special meeting is hereby authorized to consent to and approve the issuance of Revenue Bonds by the Johnson County Development Authority which consent and approval may be in the form of a contract be tween the County and Authority and shall be recorded in the min utes of said body and shall show the amount, the date, the maturi ties and rate or rates of interest of the said bonds thus consented to and approved and when so consented to and approved shall bind the said governing body of said county then in office and their successors in office or such, other authority or body of said county as may hereafter be empowered to levy taxes for the purpose of providing such funds as may be necessary to pay the principal of and interest on the said bonds consented to and approved and to create and maintain a reserve for that purpose. Such bonds issued by the said Authority shall be validated in the Superior Court of Johnson County in the same manner as revenue bonds of Munici palities are validated as provided in Code Sections 87-815 et seq of the Code of Georgia, and in the proceedings to validate such bonds, both the Johnson County Development Authority and the Commissioner of Roads and Revenues and Advisory Board of John son County shall be named as parties defendant. In the event no bill of exceptions shall be filed within the time prescribed by law, or if filed, the judgment shall be affirmed by the Supreme Court, the judgment of the Superior Court, confirming and validating the issuance of such bonds, shall be forever conclusive as to the validity

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of said bonds and the security therefor against said Authority and against the said governing body or other taxing authority of said County;

"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or in come may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;

"K. This amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose;

"L. This amendment shall be effective immediately upon procla mation of its ratification by the Governor and the first members of the Authority shall be appointed within sixty (60) days after such proclamation;

"M. This amendment is self enacting and does not require any enabling legislation for it to become effective; however, the General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regu late the management and conduct of the Authority not inconsistent with the provisions of this amendment. The Authority shall be an instrumentality of Johnson County, and the scope of its operation shall be limited to the territory embraced within said county;

"N. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority or obligations of the county to the Authority shall be construed as a debt of Johnson County within the meaning of the provisions of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia."

SECTION 2.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize Johnson County to levy an annual ad valorem tax for

TUESDAY, FEBRUARY 18, 1964

907

the promotion of industries, expansion of agriculture, trade and commerce and in furtherance of such purpose to create the Johnson County Development Authority and to authorize the Authority to issue its Revenue Bonds and to provide the method and manner of such issuance and validation and the effect thereof.

"Against ratification of amendment to the Constitution so as to authorize Johnson County to levy an annual ad valorem tax for the promotion of industries, expansion of agriculture, trade and commerce and in furtherance of such purpose to create the John son County Development Authority and to authorize the Authority to issue its Revenue Bonds and to provide the method and manner of such issuance and validation and the effect thereof."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all 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 election for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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

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

Those voting in the affirmative were Senators:

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

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kidd Knox Lee Maclntyre Moore McKinnon McWhorter Noble Oliver Pelham

Pennington Philips Rowan Salome Scott Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Zorn

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

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On the adoption of the resolution, the ayes were 45, nays 0.

The resolution, having received the requisite constitutional two-thirds majority, was adopted.

HR 462. By Messrs Williams & Overby of Hall:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide for staggered terms for the members of the Board of Education of Hall County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1
Article VIII, Section V, Paragraph I of the Constitution, as amended by an amendment ratified at the General Election in 1960 and found in Georgia Laws 1960, p. 1199, relating to the Board of Education of Hall County, is hereby amended by adding at the end of the aforesaid amend ment of 1960 the following new paragraph:
"The member of the Board of Education of Hall County from the Gainesville School District elected at the General Election in 1964 shall serve for a term of two years. The member of the Board elected from the County at large at said election shall also be elected for two years. The other three members shall be elected for four years as presently provided. Thereafter, all members shall be elected for four years. Future elections shall also be held at the General Election. For the years 1965-66, a Chairman may be elected for two years rather than four as presently provided."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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909

"For ratification of amendment to the Constitution so as to provide for staggered terms for the members of the Board of Educa tion of Hall County.

"Against ratification of amendment to the Constitution so as to provide for staggered terms for the members of the Board of Education of Hall 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 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 Brown of 34th Byrd Carlton Carter Conway Downing Ellis Fincher Fuqua Gayner Gillis Gordy Hall Heard

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kidd Knox Lee Maclntyre Moore McKinnon McWhorter Noble Oliver Pelham

Pennington Phillips Rowan Salome Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

The resolution, having received the requisite constitutional two-thirds majority, was adopted.

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HR 465. By Mr. Floyd of Chattooga:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the County Board of Education of Chattooga County to borrow funds and pledge certain building funds to the payment thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1
Article VII, Section VII, Paragraph I of the Constitution relating to the limitation on certain debts, is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary not withstanding, the County Board of Education of Chattooga County is hereby authorized and empowered to borrow funds for the purpose of constructing school buildings and related facilities, and pledge the building funds which will or may be forthcoming to Chattooga County from tha State of Georgia through the minimum foundation program for education as security and payment therefor."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the County Board of Education of Chattooga County to borrow funds and pledge certain building funds to the payment thereof.
"Against ratification of amendment to the Constitution so as to authorize the County Board of Education of Chattooga County to borrow funds and pledge certain building funds to the payment thereof."

TUESDAY, FEBRUARY 18, 1964

911

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 Brown of 34th Byrd Carlton Carter Conway Downing Ellis Fincher Fuqua Gayner Gillis Gordy Hall Heard

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kidd Knox Lee Maclntyre Moore McKinnon McWhorter Noble Oliver Pelham

Pennington Phillips Rowan Salome Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

The resolution, having received the requisite constitutional two-thirds majority, was adopted.

HR 467. By Messrs. Killian and Isenberg of Glynn:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing body of the City of Brunswick to levy an annual ad valorem

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tax upon the taxable property located in that district and area within said city described as "Downtown Brunswick" to be used in assisting and promoting the economic improvement and development of said central business district, and to that end to acquire by lease or purchase property in such area, and for the installation, construction or recon struction and maintenance therein and thereon of streets, parks, pe destrian malls and plazas, and playgrounds, off-street parking facilities, public parking areas and public parking facilities, and the relocation of any of the same, and other improvements and facilities useful or de sirable in connection therewith; defining the district and area to be known as "Downtown Brunswick"; limiting such tax millage; to provide for powers, authority, funds, purposes and procedure connected there with; to provide for the submission of this amendment for ratification or rejection, and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1, Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following:
A. There is hereby created within the corporate limits of the City of Brunswick in Glynn County, Georgia, a district and area to be known as "Downtown Brunswick" in the central business district of said city, defined and described according to the well known maps and plan of said City as follows:
"Beginning at a point on the westerly line of Newcastle Street where the northerly line of New Town Lot No. 169 intersects with the westerly line of Newcastle Street; thence running in an easterly direction along the easterly projection of the northerly line of New Town Lot No. 169 to the easterly line of Newcastle Street; thence running in a southerly direction along the easterly line of Newcastle Street to the southerly line of "H" Street; thence run ning in an easterly direction along the southerly line of "H" Street to the eastern line of Reynolds Street; thence running in a south erly direction along the easterly line of Reynolds Street to the southern line of "F" Street; thence running in an easterly direction along the southern line of "F" Street to the eastern line of Ellis Street; thence running in a southerly direction along the easterly line of Ellis Street to the northern line of Old Town Lot No. 281; thence in an easterly direction along the northern line of Old Town Lot No. 281 to the westerly line of Egmont Street; thsnce along the westerly line of Egmont Street to the southerly line of Old Town Lot No. 285; thence in a westerly direction along the southerly line of Old Town Lot No. 285 projected westwardly to the westerly line of Ellis Street; thence running in a southerly direction along the westerly line of Ellis Street to the southerly line of Old Town Lot No. 236; thence running in a westerly direction along the westerly line of Old Town Lot No. 236 projected westwardly to the western line of Union Street; thence running in a southerly direc tion along the western line of Union Street to the southerly line of Monk Street; thence running in a westerly direction along the

TUESDAY, FEBRUARY 18, 1964

913

southerly line of Monk Street to the western line of Reynolds Street; thence running in a southerly direction along the western line of Reynolds Street to the southerly line of Old Town Lot No. 146; thence running in a westerly direction along the southerly line of Old Town Lot No. 146 projected westwardly to the westerly line of Richmond Street; thence running in a southerly direction along the westerly line of Richmond Street to the northern line of Howe Street; thence running in a westerly direction along the northerly line of Howe Street to the westerly line of Grant Street; thence running in a northerly direction along the westerly line of Grant Street to the northerly line of Old Town Lot No. 68; thence running in a westerly direction along the northerly line of Old Town Lot No. 68 to the easterly line of Ogiethorpe Street; thence running in a southerly direction along the easterly line of Ogiethorpe Street to the northern line of Howe Street; thence running in a westerly direction along the northerly line of Howe Street to the U. S. Harbor line as established by the War Department August, 1916; thence in a northerly direction along the said U. S. Harbor line and the low water line of Academy Creek to a point where the northerly line of New Town Lot No. 112 projected in a westerly direction would intersect with the low water line of Academy Creek; thence in an easterly direction along the said projected line of New Town Lot No. 112, along the northerly line of New Town Lot No. 112, and the northern line of New Town Lot No. 169 to the point of beginning;"

B. The governing body of the City of Brunswick be and is hereby authorized to levy an annual ad valorem tax not exceeding four mills per dollar of assessed valuation on all property located within the district or area herein defined and delineated as "Downtown Brunswick", not excluding any realty homestead exemption, such funds so produced by such levy to be used by said City in assisting and promoting the economic improvement and development of said central business district, and to that end to acquire by lease or purchase property in such area, and for the installation, construction or reconstruction and maintenance therein and thereon of streets, parks, pedestrian malls and plazas, and playgrounds, off-street parking facilities, public parking areas and public parking facilities, and the relocation of any of the same, and other improvements and facilities useful or desirable in connection therewith. Said governing body of said City is specifically authorized to use such amounts from its funds so raised by such tax levy in each year as it shall deem in its discretion to be in the best interest of the city and its residents in keeping with the purposes of this amendment, including the right to pledge all or so much of such funds, as may be necessary, raised by such tax levy to the payment of the principal and interest on any of its revenue bonds or obligations which it may here after issue and the creation and maintenance of a reserve for that purpose, said tax being in addition to those now authorized by law;

C. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of the residents of the City of Brunswick, the economic improvement and development of said described central business district and making of long-range plans for such economic development and improvement and to authorize the levy of taxes and the use of public funds of said city for such purpose and

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same is hereby determined and declared to be a governmental function of said city;

D. In addition to all the rights, powers and authority now con ferred by law upon the governing body of the City of Brunswick, this amendment shall confer upon the governing body of said city all powers, rights and privileges herein granted and such additional rights, powers and privileges that may hereafter be granted by the enactment of any implementing legislation by the General Assembly of Georgia;

E. The property, obligations and the interest on the obligations of the city issued hereunder shall have the same immunity from all State and local taxation as the property, obligations and interest on other obligations of the City of Brunswick;

F. The powers of the City conferred hereunder shall include, but shall not be limited to, the power:

(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease and mortgage land, buildings and property of all kinds and character, including, but not limited to machinery, apparatus, equipment and utilities useful or desirable in connection therewith, within the district or area hereinabove defined as "Downtown Brunswick";

(2) To receive and administer gifts, grants and donations and to administer trusts and to enter into trust indentures;

(3) To grant, loan and lease any of its funds and property to private persons and corporations agreeing to operate and expand any commercial or business enterprise or establishment within the district or area hereinabove defined as "Downtown Brunswick", which in the judgment of the governing body of the City will be of benefit to the economic improvement and development of said district or area and to said city. The provisions of this clause shall not be construed to limit any other powers of the City;

(4) To borrow money and issue notes, obligations and revenue bonds therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security for the payment thereof and interest thereon and to secure the repayment of any such money so borrowed by the terms of the resolution authorizing such financing and to enter into a trust indenture relative thereto;

(5) The rights, powers and privileges now enjoyed by the city under Article VII, Section VI, Paragraph I, of the Constitution of this State to contract with Glynn County, the State and any agency, political subdivision or public corporation thereof is hereby expressly reaffirmed and shall include all rights, powers and privileges herein granted and in addition thereto the city is authorized to contract with private persons and corporations and to sue and be sued in its corporate name in the accomplishment of the overall purposes herein provided;

TUESDAY, FEBRUARY 18, 1964

915

(6) To appoint and employ officers, agents and employees and to provide for their compensation in order to effectuate the purposes of this amendment;

(7) To encourage and promote the economic improvement, develop ment and rehabilitation of the central business district and area hereinabove defined and to make long range plans therefor;

(8) To accumulate its funds from such tax levy herein authorized from year to year and to invest and reinvest such funds;

(9) To designate any of its corporate officers to sign and act for the City pertaining to the rights, powers and privileges herein con ferred ;

(10) To do any and all acts and things necessary, convenient or desirable to accomplish the purpose of this amendment and the rights, powers and privileges herein conferred;

G. The revenue bonds or obligations herein authorized to be issued shall not be deemed to constitute a debt of the City of Brunswick within the meaning of Article VII, Section VII, Paragraph I, of the Constitu tion, nor a pledge of the faith and credit of said city nor shall the city be subject to any pecuniary liability thereon. The revenue bonds shall not be payable from, nor a charge upon, any funds of the city other than the revenues pledged to the payment thereof and interest thereon, which revenues shall include any funds derived from the special tax levy herein provided and monies derived from the lease or sale of any facilities of the city herein authorized to be acquired, constructed and equipped. Any bondholder, however, shall have the right to compel the city to levy the special tax herein provided for within the limit herein prescribed to pay the bonds and interest thereon if the city in its pro ceedings authorizing the issuance of such bonds has pledged the revenues derived from such special tax levy to the payment of any such bonds and the interest thereon;

H. The authority hereby granted to the City of Brunswick to issue revenue bonds shall apply not only to revenue bonds issued by said city to provide funds for the purchase, construction, extension, repair or improvement of such facilities and undertakings as are specifically au thorized and enumerated by the Act of the General Asssmbly, approved March 31st, 1937, known as the "Ravenue Certificate Law of 1937", as amended by the Act approved March 14, 1939, as referred to in Article VII, Section VII, Paragraph V, of this Constitution, but shall also in clude the issuance by said City of revenue bonds to provide funds for the purchase, construction, extension, repair, or improvement of such facilities and undertakings as are specifically authorized and enumerated by the following Acts of the General Assembly: Georgia Laws 1949, page 973, approved February 25, 1949; Georgia Laws 1953, pages 489-491, approved March 4, 1953; and Georgia Laws 1957, page 410, approved March 13, 1957;

I. The city is hereby authorized to issue revenue bonds or obliga tions from time to time, to carry out the purposes of this amendment.

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Revenue bonds or obligations so issued shall be paid solely from the revenues pledged to the payment thereof, which revenues may include any funds derived from the special tax levy provided hereunder. Such revenue bonds or obligations shall be authorized by resolution or ordi nance of the governing body of the City of Brunswick, which may be adopted at a regular or special meeting by a majority vote of the members of said governing body. The governing body of said city in determining- the cost of any undertaking for which revenue bonds or obligations are to be issued may include all costs relative to the issuance thereof, and without intending to limit such costs, may include, archi tectural, engineering, inspection, fiscal agents' and legal expenses estimated to accrue from the date of any such bonds through the period of construction and for six months after such construction and such bonds shall bear such date or dates, mature at such time or times, not exceeding 30 years from their respective dates, bear interest at such rate or rates not exceeding seven per centum (7%) per annum and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, as signments and conditions as the ordinance or resolution authorizing the issuance of such bonds may provide. All bonds and interest thereon so issued by said city are hereby declared to be tax exempt for any and all purposes. The terms, conditions, covenants and provisions contained in any such resolution or ordinance authorizing the issuance of such bonds shall bind said governing body of said city then in office and its successors thereof, including any covenant to levy taxes within the limits herein prescribed for the purpose of providing such funds as may be necessary to pay the principal of and interest on any such issue or issues of said bonds and to create and maintain a reserve for that pur pose. Such bonds issued by said city shall be validated in the Superior Court of Glynn County in the same manner as revenue bonds of munici palities are validated as provided under the Revenue Bond Law (Georgia Laws 1957, p. 36, et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Georgia Laws 1937, p. 761 et seq., as amended). In the event no bill of exceptions, to the judgment of the superior court confirming and validating any such issue or issues of bonds, shall be filed within the time prescribed by law or if filed, such judgment should be affirmed by the Supreme Court of Georgia or the Court of Appeals of Georgia, the judgment of the superior court con firming and validating the issuance of such bonds shall be forever conclusive as to the validity of said bonds and the security for the payment thereof and interest thereon against said city and against any contracting party with said city as herein provided.

J. The property of the city herein authorized to be acquired, con structed, and equipped shall not be subject to levy and sale under legal process except such property, income, revenues or funds as may be pledged, assigned, mortgaged or conveyed to secure any obligation of the city and any such property, funds, revenues or income may be sold under legal process to enforce payment of the obligations.

K. This amendment and any law enacted with reference to the city in connection therewith shall be liberally construed for the ac complishment of the purposes now or hereafter authorized.

L. This amendment shall be effective immediately upon proclamation

TUESDAY, FEBRUARY 18, 1964

917

of its ratification by the Governor of the State of Georgia.

M. This amendment is self-enacting and does not require any enabling legislation for it to become effective, however, the General Assembly may by law further define and prescribe the powers and duties of the city in connection therewith in the exercise thereof, and may enlarge the same and may likewise further regulate the manage ment and conduct of the city pertaining hereto not inconsistent with the provisions of this amendment.

N. There shall be no limitation upon the amount of revenue bonds or obligations which the city may issue, but no such revenue bonds or obligations shall be construed as a debt of the city within the meaning of the provisions of Article VII, Section VII, Paragraph I, of the Con stitution of the State of Georgia and such revenue bonds or obligations and the interest thereon shall be payable solely from the revenues derived from the lease or sale of any of the facilities acquired or constructed by the city hereunder, and such revenues shall also include any funds from the special tax levy herein provided and pledged to the payment of any such issue or issues of bonds and the interest thereon.

O. This amendment shall be effective notwithstanding any other provision or provisions of the Constitution of the State of Georgia which might be construed in conflict herewith.

Section 2. When the above proposed amendment to the Constitu tion shall have been agreed upon by two-thirds of the members elected to each of the two (2) branches of the General Assembly, and the same has been entered on the journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of the State of Georgia.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to authorize the governing body of the City of Brunswick to levy an annual ad valorem tax upon the taxable property located in that district and area within said city described as 'Downtown Bruns wick' to be used in assisting and promoting the economic improve ment and development of said central business district, and to that end to acquire by lease or purchase property in such area, and for the installation, construction or reconstruction and maintenance therein and thereon of streets, parks, pedestrian malls and plazas, and playgrounds, off-street parking facilities, public parking areas and public parking facilities, and the relocation of any of the same, and other improvements and facilities useful or desirable in connection therewith; defining the district and area to be known as 'Downtown Brunswick'; limiting such tax millage; 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."

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"Against ratification of amendment to the Constitution so as to authorize the governing body of the City of Brunswick to levy an annual ad valorem tax upon the taxable property located in that district and area within said city described as 'Downtown Bruns wick' to be used in assisting and promoting the economic improve ment and development of said central business district, and to that end to acquire by lease or purchase property in such area, and for the installation, construction or reconstruction and maintenance therein and thereon of streets, parks, pedestrian malls and plazas, and playgrounds, off-street parking facilities, public parking areas and public parking facilities, and the relocation of any of the same, and other improvements and facilities useful or desirable in connection therewith; defining the district and area to be known as 'Downtown Brunswick'; limiting such tax millage; 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."
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 the ratification.

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

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

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

Those voting in the affirmative were Senators:

Brewer Brown Byrd Carlton Carter Conway Downing Ellis Fincher Fuqua Gayner Gillis Gordy Hall Heard

Hollo way Hunt Jackson Johnson of 42nd Johnson of 38th Kidd Knox Lee Maclntyre Moore McKinnon McWhorter Noble Oliver Pelham

Pennington Phillips Rowan Salome Scott Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Zorn

TUESDAY, FEBRUARY 18, 1964

919

By unanimous consent, verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 45, nays 0.

The resolution, having received the requisite constitutional two-thirds majority, was adopted.

HR 468. By Mr. Andrews of Stephens:

A RESOLUTION
Proposing an amendment to the Constitution so as to create the Toccoa-Stephens County Building and Parks Authority; to provide the powers, authority, funds, purposes and procedure connected therewith; to authorize such Authority to issue revenue bonds; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. Toccoa-Stephens County Building and Parks Authority-- There is hereby created a body corporate and politic to be known as the Toccoa-Stephens County Building and Parks Authority which shall be a public corporation and by that name, style and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall consist of five (5) members; one of whom shall be the Mayor of the City of Toccoa or a member of the City Council of Toccoa; one of whom shall be a free-holder and qualified registered voter of said City, selected by the governing body of that City; one of whom shall be a member of the Board of Commissioners of Roads and Revenues of Stephens County, Georgia; one of whom shall be a freeholder and qualified registered voter residing outside the corporate limits of the City of Toccoa, selected by the governing body of said County; and the fifth member shall be selected by the four above designated mem bers, and must be a freeholder and qualified registered voter of Stephens County who may reside within or without the corporate limits of the City of Toccoa. The term of office of members of said Authority as to the Mayor of the City of Toccoa and Chairman of the Commissioners of Roads and Revenues of Stephens County shall be for the same term that they are acting in their respective official capacities. The other three members of the Authority shall hold office for a term of four years and until their successors shall be selected and appointed. Immediately after such appointments, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as Chairman and one as Vice Chairman and it may also elect a Secretary and Treasurer, who need not necessarily be a member

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of the Authority. Three members of the Authority shall con stitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall be entitled to compensation for their services at the rate of $100 per year, except the Chairman, who shall receive $300 per year, and all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Au thority shall make rules and regulations for its own government. It shall have perpetual existence.

"B. Definitions. As used herein the following words and terms shall have the following meanings:

"(1) The word 'Authority' shall mean the Toccoa-Stephens County Building and Parks Authority.

"(2) The words 'City of Toccoa' and 'City' shall mean the corporate body created by the General Assembly of Georgia under the name and style of 'The City Council of Toccoa'.

"(3) The word 'project' shall be deemed to mean and include one or a combination of two or more of the following: buildings and facilities intended for use as courthouse, jail, police station, fire station, offices and related uses; all structures, electric, gas, steam and water utilities and facilities of every kind and character; civic improvements including, but not limited to, art theaters, civic theaters, performing art theaters, stadiums, parks, playgrounds, recreational centers and auditoriums and such other buildings and facilities of every kind and character deemed by the Authority necessary or convenient for the efficient operation of any depart ment, board, bureau, commission or agency of the City of Toccoa and Stephens County.

"(4) The term 'cost of the project' shall embrace the cost of construction, the cost of all lands, properties, rights and easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to de termining the feasibility or practicability of the project, administra tive expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the con demnation of property necessary for such construction and opera tion. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions herein set forth.

"(5) The terms 'revenue bonds' and 'bonds' as used herein shall mean revenue bonds as defined and provided for in the Revenue Bond Law approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended, and such type of obligations may be issued by

TUESDAY, FEBRUARY 18, 1964

921

the Authority as authorized under said Revenue Bond Law and in addition, shall also mean obligations of the Authority, the issuance of which are hereinafter specifically provided for herein.

"(6) Any project or combination of projects shall be deemed 'self-liquidating' if, in the judgment of the Authority, the revenues to be derived by the Authority from rentals of said project or pro jects to the City of Toccoa and Stephens County or agencies, auth orities and departments of the State of Georgia and of the United States will be sufficient to pay the cost of maintaining, re pairing and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects.

"C. Powers. The Authority shall have the powers:

"(1) To have a seal and alter the same as pleasure;

"(2) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes.

"(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respects to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned pursuant to the provision herein except from the funds provided under the authority herein granted, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the Authority and to the owners of the property to be con demned, and no property shall be acquired under provisions herein upon which any lien or other incumbrance exists, unless at the time such property is so acquired a sufficient sum of money be de posited in trust to pay and redeem the fair value of such lien or incumbrance.
"(4) To appoint and select officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their compensation;

"(5) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of proj ects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and the City of Toccoa and Stephens County and any divisions, departments, institu tions or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms

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and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to the said City and County and any division, department, institution or agency of the State to enter into lease contracts and related agree ments for the use of any structure, building, or facility or a com bination of any two or more structures, buildings or facilities of the Authority for a term not exceeding fifty years and any division, department, institution or agency of the State may obligate itself to pay an agreed sum for the use of such property and the City of Toccoa and Stephens County may enter into lease contracts and related agreements for the use of any structure, building or facility or a combination of two or more structures, buildings or facilities of the Authority for a term not exceeding fifty years upon a majority vote of the respective governing body charged with the duty of managing its fiscal affairs and may obligate itself as a part of the undertaking to pay the cost of maintaining, repairing and operating the property furnished by and leased from the Authority; the sub stantive terms and conditions of such contracts and related agree ments as relates to the City of Toccoa and Stephens County shall be approved by the assent of a majority of the qualified voters of said City and County, respectively, voting in an election for that purpose to be held as prescribed by law.

"(6) To construct, erect, acquire, own, repair, remodel, main tain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, to be located on property owned by or leased by the Authority, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof;

"(7) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, including the Reconstruction Finance Corporation, upon such terms and conditions as the United States of America or such agency or instrumentality, including the Reconstruction Finance Corporation, may impose;

"(8) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;

"(9) To exercise any power usually possessed by private cor porations performing similar functions, which is not in conflict with this Constitution and laws of this State; and

"(10) To do all things necessary or convenient to carry out the powers expressly given herein.

"D. Revenue bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to

TUESDAY, FEBRUARY 18, 1964

923

provide by resolution for the issuance of negotiable revenue bonds, in a sum not to exceed ten million ($10,000,000) dollars outstanding at any one time of the Authority for the purpose of paying all or any part of the cost as herein defined of any one or combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such pay ment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding five (5%) per centum per annum, payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeem able before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds.

"E. Same; form; denominations; registration; place of payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomina tion or denominations of the bonds and the place or places of pay ment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may deter mine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.

"F. Same; signatures; seal. In case any officer whose signature shall appeal on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary of the Authority and any coupons attached thereto shall bear the signature or facsimile signa ture of the Chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly author ized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office.

"G. Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions herein shall have and are hereby declared to have all the qualities and incidents of negotiable instru ments under the negotiable instruments law of the State. Such bonds and the income thereof shall be exempt from all taxation within the State.
"H. Same; sale; price. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best, interests of the Authority, but no such sale shall be made at a price as low as to require the payment of interest on the money received therefor at more than five (5%) per centum per annum

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computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity.

"I. Same; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or combined project, and shall be disbursed upon requisition or order of the Chairman of the Authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust inden ture hereinafter mentioned may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or combined project, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the pro ceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds.

"J. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for defini tive bonds upon the issuance of the latter.

"K. Same; replacement of lost or mutilated bonds. The Author ity may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.

"L. Conditions precedent to issuance; object of issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required herein. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, includ ing a combination of projects within the boundaries of Stephens County. Any resolution, providing for the issuance of revenue bonds under the provisions herein shall become effective immediately upon its passage and need not be published or posted, and any such reso lution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members.

"M. Extent of credit pledged. Revenue bonds issued under the provisions herein shall be special obligations of the Authority pay able solely from the funds hereinafter provided for and shall not be deemed to constitute a debt of the City of Toccoa or Stephens County within the meaning of Article VII, Section VII, Paragraph I of this

TUESDAY, FEBRUARY 18, 1964

925

Constitution and all such bonds shall contain recitals on the face covering substantially the foregoing provision; provided, however, the City of Toccoa and Stephens County may, and each subdivision is hereby specifically authorized to use funds derived from taxes assessed for lawful, municipal and county purposes to perform the terms and conditions of any lease contract or related agreement entered into with the Authority and if such a covenant to that effect is contained in such contract or agreement then the obligation to do so shall become mandatory on each subdivision and it shall from year to year levy and collect taxes sufficient in amount to fulfill the terms of such contract or agreement.

"N. Same; trust indenture as security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside the State. Such trust indenture may pledge or assign rents, revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bond holders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in rela tion to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding and application of all monies, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority and satisfactory to the City of Toccoa and Stephens County and to the original purchasers of the bonds issued therefor, and may also contain provisions con cerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture.

"0. Same; to whom proceeds of bonds shall be paid. The Author ity shall, in the resolution providing for issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or persons who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as provided herein and as provided by such resolution or trust indenture.

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"P. Same; sinking fund. The funds from any source received by the City of Toccoa and Stephens County which may be lawfully used by said subdivisions for performance of any contract or agreement and pledged and allocated by it to the Authority as security for the performance of any lease contract or related agreement or any and all revenues, rents and earnings received by the Authority, regard less of whether or not such rents, earnings, and revenues were pro duced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged and allo cated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the reso lution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolu tion or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture surplus monies in the sinking fund may be applied to the purchasing or redemption of bonds and any such bonds so purchased or redeemed shall forth with be cancelled and shall not again be issued.

"Q. Same; remedies of bondholders. Any holder of revenue bonds issued under the provisions herein or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel perform ance of all duties required herein or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects. But no holder of any such bond shall have the right to compel any exercise of the taxing power of the City of Toccoa or Stephens County, except to the extent and as provided in Paragraph M herein to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of either, nor shall any such bond constitute a charge, lien or incumbrance, legal or equitable, upon any property
of either subdivision.

"R. Receivership on default. The Authority may covenant that

TUESDAY, FEBRUARY 18, 1964

927

in the event of a default in the payment of the principal of or interest on any revenue bonds or other obligations issued pursuant hereto, or in the performance of any obligations or duties imposed upon the Authority hereunder, or by any covenants or agreements entered into with the holders of such revenue bonds or other obligations shall limit the right to the appointment of a receiver to a specified number or percentage of such holders, either acting by himself or themselves alone, or also acting for all other holders of such revenue bonds or other obligations, shall be entitled as a matter of right to the appointment of a receiver for any building or combination of' buildings and facilities by the court of competent jurisdiction in the State of Georgia. Jurisdiction is hereby conferred upon the Superior Court of Stephens County in any action or proceeding for the appointment of such receiver, and such receiver is hereby authorized and empowered, in the event of such default or defaults, to take over, operate, manage and control such undertakings and facilities and to collect the revenues and income derived therefrom to the same extent and same manner as the Authority is authorized to do. Such receiver shall also operate, manage, and control the particular under takings and facilities only under the supervision and direction of the said Superior Court, and such operation, management and control shall be in the name of the Authority and shall be deemed in the control and management of the Authority through such court and its duly appointed receiver for the joint protection of the Authority and the holders of such revenue bonds or other obligations. The fees and other expenses of such receiver and of the person or persons making applications for the appointment thereof, and all other legal and incidental expenses in connection with such receiver, subject to court approval, shall be a first lien on the revenues and income of such undertakings and facilities, as long as they are in the control of such receiver, and the remainder of such revenues and income shall be applied in conformity as nearly as may be with the provi sions of the proceedings authorizing the issuance of such revenue bonds or other obligations. When all defaults of the Authority shall have been cured and made good, such receivership shall be termi nated by an order of the court wnich appointed such receiver.

"S. Same; refunding bonds. The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds issued under the provisions of this chapter and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same, shall be governed by the foregoing provision of this chapter insofar as the same may be applicable.

"T. Same; exemption from taxation. It is hereby found, deter mined and declared that the creation of the Authority and the carry ing out of its corporate purpose is in all respects for the benefit of the people of the City of Toccoa and Stephens County as well as the people of this State and is a public purpose and that the Authority will be performing an essential governmental function in the exer cise of the power conferred upon it by this chapter and that the Authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction,

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control, possession or supervision or upon its activities in the opera tion or maintenance of the buildings erected or acquired by it or any fees, rentals or other charges for the use of such buildings or other income received by the Authority and that the bonds of the Author ity, their transfer, and the income therefrom shall at all times be exempt from taxation within the State.

"U. Same; validation. Bonds of the Authority shall be con firmed and validated in accordance with the procedure of the Reve nue Bond Law approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended, by appropriate action instituted in the Superior Court of Stephens County. The petition for validation shall also make party defendant to such action the City of Toccoa and Stephens County which has contracted with the Authority for the use of any building, structure or facilities for which bonds have been issued and sought to be validated, and said City and County shall be required to show cause, if any, why such contracts or related agreements and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof determined and the said con tract and agreement adjudicated as security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation, shall be final and conclusive with respect to such bonds, and against the Authority issuing the same, and said City and County.

"V. Same; interests of bondholders protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interests and rights of the holders of such bonds.
"W. Acceptance of funds and contributions from any source. The Authority, in addition to the monies which may be received from the sale of revenue bonds and from the collection of revenues, rents and earnings derived under the provisions of this chapter, shall have, authority to accept from any Federal agency grants for or in aid of the construction of any project or for the payment of bonds, and to receive and accept contributions from any source of either money or property or other things of value to be held, used and applied only for the purposes for which such grants or contributions may be made.
"X. Monies received considered trust funds. All monies received pursuant to the Authority of this chapter, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, rents and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter.

"Y. Revenues, rents and earnings; use. The Authority is hereby authorized to fix rentals and other charges which the City of Toccoa and Stephens County and any department, board, commission or

TUESDAY, FEBRUARY 18, 1964

929

agency of the State of Georgia shall pay to the Authority for the use of each project or part thereof or combination of projects and to charge and collect the same and to lease and make contracts with respect to the use of any project or part thereof. Such rentals and other charges shall be so fixed and adjusted in respect to the aggre gate thereof from the project or projects for which a single issue of revenue bonds is issued, as to provide a fund sufficient with other revenues of such project or projects, if any, to pay (a) the cost of maintaining, repairing and operating the project or projects, includ ing reserves for extraordinary repairs and insurance, and other reserves required by the resolution or trust indentures, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the Authority on account of the project or projects for water, light, sewer and other services fur nished by other facilities as such institution, and (b) the principal of the revenue bonds and the interest thereon as the same shall become due.

"Z. Rules and regulations for operation of projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of each project or combination of projects constructed under the foregoing provisions, including rules and regulations to insure maximum use or occupancy of each such project."

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 Toccoa-Stephens County Building and Parks Authority; to provide the powers, authority, funds, purposes and procedure con nected therewith; to authorize such Authority to issue revenue bonds.
"Against ratification of amendment to the Constitution so as to create the Toccoa-Stephens County Building and Parks Authority; to provide the powers, authority, funds, purposes and procedure connected therewith; to authorize such Authority to issue revenue bonds."
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

930

JOURNAL OF THE SENATE,

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 Byrd Carlton Carter Conway Downing Ellis Pincher Fuqua Gayner Gillis Gordy Hall Heard

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kidd Knox Lee Maclntyre Moore McKinnon McWhorter Noble Oliver Pelham

Pennington Phillips Rowan Salome Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 469. By Mr. Andrews of Stephens:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the assessment of property in Stephens County and the City of Toccoa for tax purposes by a joint board of

TUESDAY, FEBRUARY 18, 1964

931

assessors and to create and to provide for an agency to review and revise

such assessments; to provide for the submission of this amendment for

ratification or rejection; and for other purposes.

'

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article XI, Section 1, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following.
"The General Assembly of Georgia shall have the power by general, local or special law applicable to Stephens County and the City of Toccoa, without regard of the uniformity provisions otherwise contained in this Article, Section and Paragraph of this Constitution, to:
"(a) Provide for the establishment of a board of tax assessors, to define the jurisdiction, powers and duties thereof, the number, terms and qualifications of the members of such board, method of appointment, filling vacancies, removal and remuneration, and
"(b) Authorize said board to assess all taxable property in Stephens County and in the City of Toccoa for taxation, by either, for all purposes which is now or may hereafter be authorized by law, and
"(c) Create a board of tax appeals and equalization, by what ever name designated, and to define the jurisdiction, powers and duties thereof and the number, terms and qualifications of the mem bers of such board and methods of appointment, filling vacancies, removal and remuneration of its members, and establish procedures for appeals from assessments made by the board of tax assessors and for the equalization of said assessments which procedures shall be in lieu of any rights of arbitration or appeal heretofore existing in Stephens County and the City of Toccoa.
"(d) Authorize or direct appropriations by Stephens County or the City of Toccoa, or by both, or provide otherwise, for the support of the board or boards created by the General Assembly.
"(e) The authority conferred on the General Assembly by this amendment shall be retroactive to January 1, 1964. Any Act passed after January 1, 1964, germane to the subject matter of this amend ment, shall be conclusively presumed to have been passed under the authority of this amendment. It is declared that the authority conveyed to the General Assembly by this amendment relates to only one general subject matter, and the General Assembly is em powered, but not directed, to exercise such authority by one law pertaining to all or any one or more of said functions, which law may be passed prior to the submission of this amendment to the people.

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JOURNAL OF THE SENATE,

"(f) Nothing contained in this amendment shall be construed to apply to corporations and persons now required by law to return their property to the State Revenue Commissioner (formerly the Comptroller General) for ad valorem taxation."

SECTION 2.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the General Assembly to provide for.the assessment of property in Stephens County and the City of Toccoa for tax pur poses by a joint board of assessors and to create and to provide for an agency to review and revise such assessments.
"Against ratification of amendment to the Constitution so as to authorize the General Assembly to provide for the assessment of property in Stephens County and the City of Toccoa for tax pur poses by a joint board of assessors and to create and to provide for an agency to review and revise such assessments."
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:

TUESDAY, FEBRUARY 18, 1964

933

Those voting in the affirmative were Senators:

Brewer
Brown of 34th Byrd Carlton Carter Conway Downing Ellis Pincher Fuqua Gayner Gillis Gordy Hall
Heard

Holloway
Hunt Jackson Johnson of 42nd Johnson of 38th Kidd Knox Lee Maclntyre Moore McKinnon McWhorter Noble Oliver
Pelham

Pennington
Phillips Rowan Salome Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HE 470. By Killian and Isenberg of Glynn:
A RESOLUTION
To propose to the Qualified voters of Georgia an amendment to Article VII, Section I, Paragraph III, of the Constitution of Georgia, so as to authorize the City of Brunswick, with respect to territory here after acquired, to levy for a maximum period of ten (10) years, a less and varying property tax than that applicable to its present territorial limits, commensurate with the municipal benefits and improvements extended; to provide for the submission of the amendment for ratifica tion by the people; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, and it is hereby enacted by authority of the same:
SECTION 1.
That Article VII, Section I, Paragraph III, of the Constitution of Georgia, as the same has been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, towit:
"Except that the City of Brunswick, in the discretion of its governing body, may, with respect to any territory hereafter ac-

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JOURNAL OF THE SENATE,

quired, and for a period not exceeding ten (10) years from the date of such acquisition, levy an annual property tax of a less and varying amount than that levied with respect to its present corpo rate limits, such annual levy to be commensurate with the municipal benefits and improvements extended to such newly acquired territory and inhabitants, to be judged of in the sole and exclusive discretion of such governing body."

SECTION 2.

When the above proposed amendment to the Constitution shall have been agreed upon by two-thirds of the members elected to each of the two (2) branches of the General Assembly, and the same has been entered on the journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I, of the Constitution of the State of Georgia.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment of Article VII, Section I, Para graph III, of the Constitution of Georgia, authorizing the City of Brunswick to levy a less and varying tax with respect to territory hereafter acquired."
"Against ratification of amendment of Article VII, Section I, Paragraph III, of the Constitution of Georgia, authorizing the City of Brunswick to levy a less and varying tax with respect to territory hereafter acquired."

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 the ratifiction.

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

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

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

TUESDAY, FEBRUARY 18, 1964

fl35

Those voting in the affirmative were Senators:

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

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kidd Knox Lee Maclntyre Moore McKinnon McWhorter Noble Oliver Pelham

Pennington Phillips Rowan Salome Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 471. By Messrs. Bowen of Toombs and Underwood of Montgomery:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the Vidalia Development Authority to extend its activities into Montgomery County and to grant certain tax exemptions to tenants and lessees of the Authority; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VII, Section V, Paragraph I of the Constitution is hereby amended by striking the second paragraph of Subparagraph C of the amendment proposed to said Paragraph by a resolution establishing the Vidalia Development Authority (Ga. Laws 1956, p. 426), which para graph reads as follows:
"The exemption from taxation herein provided shall not extend to tenants or lessees of the Authority. The right of any private

936

JOURNAL OF THE SENATE,

person to use or occupy any real estate of the Authority for a period of one year or longer under any lease or other agreement for the purpose of taxation shall be classed as an interest in the real estate and as real property and shall be taxed as real property as now pro vided by law, or may be taxed as the General Assembly may here after provide by general law or local law. The tax exemption herein provided also shall not include exemption from sale and use taxes on property purchased by the Authority or for use of the Authority.",
and substituting in lieu thereof a new paragraph to read as follows:

"The exemption from taxation herein provided shall extend to tenants and lessees of the Authority."

SECTION 2.

Said Paragraph is further amended by adding following Subparagraph N of the amendment proposed to said Paragraph by a resolution establishing the Vidalia Development Authority (Georgia Laws 1956, page 426), a new Subparagraph to be numbered Subparagraph O and to read as follows:

"O. Notwithstanding any provisions of this Paragraph to the contrary, the Vidalia Development Authority is authorized to ex tend its operations beyond the limits of Toombs County into Mont gomery County, and any power or authority which the Authority is authorized to exercise in Toombs County in pursuance of the Authority's powers and purposes hereinbefore enumerated may be so exercised in conjunction with the Authority's activities in Mont gomery County."

SECTION 3.

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as
amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to authorize the Vidalia Development Authority to extend its activities into Montgomery County and to grant certain tax exemptions to tenants and lessees of the Authority.

"Against ratification of amendment to the Constitution so as to authorize the Vidalia Development Authority to extend its activi ties into Montgomery County and to grant certain tax exemptions to tenants and lessees of the Authority."

TUESDAY, FEBRUARY 18, 1964

937

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 Brown of 34th Byrd Carlton Carter Conway Downing Ellis Pincher Fuqua Gayner Gillis Gordy Hall Heard

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kidd Knox Lee Maclntyre Moore McKinnon McWhorter Noble Oliver Pelham

Pennington Phillips Rowan Salome Scott Searcey Smalley Smith Spinks Thomas Tribble Webb Wesherry Yancey Zorn

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

On the adoption of the resolution, the ayes were 45, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 472. By Messrs. Flournoy, Wilson and Teague of Cobb:

938

JOURNAL OF THE SENATE,

A RESOLUTION

Proposing an amendment to the Constitution of the State of Georgia so as to authorize Cobb County to acquire, construct, equip, maintain and operate incinerators, garbage and refuse facilities; to prescribe and revise rates and to collect fees, tolls and charges for the use thereof; to lease all or any part thereof and to enter into contracts with other political subdivisions or public corporations, private corporations, and private persons for the use thereof; to issue its revenue bonds or obli gations to finance, in whole or in part, the cost of acquiring, construct ing, adding to, improving and equipping such incinerator, garbage and refuse facilities; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.

The Constitution is hereby amended by adding at the end of Article VII, Section VII, Paragraph V, the following:

"Anything in this Constitution to the contrary notwithstanding, Cobb County, Georgia, is hereby authorized to acquire, construct, ' add to, improve, equip, maintain and operate incinerator, garbage and refuse facilities of every kind and character and to make and to prescribe and revise rates and to collect fees, tolls and charges for the use thereof and to lease all or any part thereof and to con tract with other political subdivisions or public corporations and private corporations and persons for the use thereof and to ac complish the foregoing is hereby authorized to issue its revenue bonds or obligations to finance, in whole or in part, the cost of acquiring, constructing, adding to, improving and equipping in cinerator, garbage and refuse facilities, including, but not limited to, all buildings, structures and equipment useful or desirable in connection therewith, acquiring the necessary property therefor, both real and personal, and paying all expenses incident thereto. Any such revenue bonds authorized to be issued hereunder shall be issued and validated pursuant to the provisions of the Revenue Bond Law (Ga. Laws 1957, p. 36 et seq.), amending the law former ly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761 et seq.), as amended, and when so validated thereunder shall be forever incontestable and conclusive in every respect."

SECTION 2.

This amendment is self-enacting and does not require any enabling legislation for it to become effective; provided, however, the General Assmbly may by law grant further and additional powers to the county not inconsistent with the provisions of this amendment.

SECTION 3.

When the above proposed amendment to the Constitution shall have

TUESDAY, FEBRUARY 18, 1964

939

been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Arti cle XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of an amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia so as to authorize Cobb County to acquire, construct, add to, improve, equip, maintain and operate incinerator, garbage and refuse facilities and to issue its revenue bonds or obligations to finance, in whole or in part, the cost of accomplishing the foregoing.

"Against ratification of an amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia so as to authorize Cobb County to acquire, construct, add to, improve, equip, maintain, and operate incinerator, garbage and refuse fafacilities and to issue its revenue bonds or obligations to finance, in whole or in part, the cost of accomplishing the foregoing."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Article XIII, Section I, Paragraph I of the Constitution, as amended, it shall become a part of the Constitution of this State. The returns of the elec tion 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 Brown of 34th Byrd Carlton

Carter Conway Downing Ellis

Fincher Fuqua Gayner Gillis

940
Gordy Hall Heard Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kidd Knox Lee

JOURNAL OF THE SENATE,

Maclntyre Moore McKinnon McWhorter Noble Oliver Pelham Pennington Phillips Rowan Salome

Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 474. By Messrs. Abney and Snow of Walker:
A RESOLUTION
Proposing an amendment to the Constitution to authorize the Gen eral Assembly to provide for fire prevention districts in Walker County, and to establish and administer in such districts systems of fire pre vention, and to levy a tax for said purpose upon the approval of sixty percent of the qualified voters residing within said districts; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VII, Section IV, Paragraph II, of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The General Assembly is authorized to empower the govern ing authority of Walker County to establish within the bounds of Walker County districts for fire prevention. The General Assembly is further authorized to empower the governing authority of Walker County or such other board, agency or authority as it may provide for to establish and administer in such districts systems of fire pre vention, and to levyt axes or special assessments therefor on prop erty located within said districts upon the approval of sixty percent of the qualified voters of said districts voting at a special election

TUESDAY, FEBRUARY 18,1964

941

held for that purpose. The taxes or assessments levied for said purposes shall not exceed ten mills upon the valuation of the prop erty located in said districts. The homestead exemption provided for by Article VII, Section I, Paragraph IV shall not apply to the levy of such taxes."

SECTION 2.

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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 fire prevention dis tricts in Walker County and to provide for the levy of a tax there for.

"Against ratification of amendment to the Constitution so as to authorize the General Assembly to provide for fire prevention districts in Walker County and to provide for the levy of a tax therefor."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall he 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 Brown of 34th

Byrd Carlton

Carter Conway

942
Downing Ellis Fincher Fuqua Gayner Gillis Gordy Hall Heard Holloway Hunt Jackson Johnson of 42nd

JOURNAL OF THE SENATE,

Johnson of 38th Kidd Knox Lee Maclntyre Moore McKinnon McWhorter Noble Oliver Pelham Pennington Phillips

Rowan Salome Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 475. By Mr. Roper of Greene:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Greene County by the people; 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 GEORGIA:
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 Greene County shall be composed of one member from the county at large and one member from each of the four Education Districts provided for hereinafter. All mem bers, however, shall be elected by the voters of the entire county. Any person in order to be eligible for membership on the Board must be registered and eligible to vote for members of the General Assembly from Greene County, must have resided in Greene County for at least one year immediately preceding the date of the election and must reside in the district, hereinafter designated, from which he offers as a candidate for at least six months immediately pre-

TUESDAY, FEBRUARY 18, 1964

943

ceding the date of the election. For the purpose of electing the members of the Board of Education of Greene County, Greene County is hereby divided into four Education Districts. Education District No. 1 shall be composed of all that territory contained within Militia District No. 143 (Greensboro), Militia District No. 161 (Salem), and Militia District No. 163 (Walkers). Education District No. 2 shall be composed of all that territory contained within Militia District No. 137 (Flukers), Militia District No. 138 (Woodville), Militia District No. 140 (Union Point). Education District No. 3 shall be composed of all that territory contained within Militia District No. 141 (Reynolds), Militia District No. 142 (Siloam), Militia District No. 144 (White Plains), Militia District No. 160 (Liberty) and Militia District No. 162 (Ruth). Education District No. 4 shall be composed of all that territory contained within Militia District No. 145 (Greshamville), Militia District No. 146 (Oakland), Militia District No. 147 (Macedonia), Militia District No. 149 (Wreys also known as Wreyswood), and Militia District No. 148 (Penfield).

"In the event this amendment is ratified not later than fifteen days after such ratification, it shall be the duty of the Ordinary of Greene County to issue the call for an election for the purpose of electing the members of the Board of Education of Greene County, as provided herein. The date of such election shall be set on the fifth day of December, 1964. 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 im mediately preceding the date of the election in the official organ of Greene County. The members elected to the Board at said election shall take office on January 1, 1965. The members elected at said election shall serve for a term of four years and until their suc cessors are elected and qualified. Thereafter, all successors to the members of the Board of Education of Greene County shall be elect ed in the same manner and at the same election as county officers are elected for Greene County immediately preceding the expiration of their term of office and shall take office on the first day of Janu ary immediately following their election. All successors to the members of the Board of Education of Greene County shall serve for a term of four years and until their successors are elected and qualified.

"In the event a vacancy occurs on the Board for any reason other than expiration of term of office, the remaining members of the Board shall elect a person from the district in which the vacancy occurs and such person shall serve for the unexpired term. In the event a member moves his residence from the district he represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled. The member of the Board elected from the county at large shall be the Chairman of the Board. A member shall be eligible to succeed himself as a mem ber of the Board and also as Chairman of the Board.

"The Board of Education in existence at the time of the rati fication of this amendment shall continue in existence through

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JOURNAL OF THE SENATE,

December 31, 1964, but the terms of all members of such Board shall expire at that time and such Board of Education shall stand abolished. The Board created herein shall be the successor to such abolished Board and shall be subject to all Constitutional and statutory provisions relative to county boards of education unless such provisions are in conflict with the provisions of this amendment."
SECTION 2.

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Greene County by the people.

"Against ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Greene County by the people."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all 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 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 Brown of 34th

Byrd Carlton

Carter Conway

TUESDAY, FEBRUARY 18, 1964

945

Downing Ellis Fincher Fuqua Gayner Gillis Gordy Hall Heard Holloway Hunt Jackson Johnson of 42nd

Johnson of 38th Kidd Knox Lee Maclntyre Moore McKinnon McWhorter Noble Oliver Pelham Pennington Phillips

Rowan Salome Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

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

HB 950. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, and Andrews of Stephens:
A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1964, and the fiscal year ending June 30, 1965, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein; and for other purposes.

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

The bill, involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Brewer Broun

Brown Byrd

Carlton Carter

946
Conway Downing Ellis Fincher Gayner Gillis Gordy Hall Harrison Heard Holloway Jackson Johnson of 42nd Kendrick

JOURNAL OF THE SENATE,

Kidd Knox Lee Loggins Maclntyre Miller Moore McKinnon McWhorter Oliver Pennington Phillips Plunkett Rowan

Salome Scott Smalley Smith Spinks Thomas 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 46, nays 0.

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

SB 118. By Senator Wesberry of the 37th:
A bill to amend an act effecting a complete revision of the laws of this State relating to the qualifications and registration of voters, approved March 25, 1958, (Ga. Laws 1958, p. 269), as amended, so as to change the time within which voters registration lists shall be closed; and for other purposes.

The Committee on Judiciary offered the following substitute:
A BILL
TO BE ENTITLED
An Act to amend an Act effecting a complete revision of the laws of this State relating to the qualifications and registration of voters, approved March 25, 1958 (Ga. Laws 1958, p. 269), as amended, so as to change the time within which voters registration lists shall be closed prior to a general election; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act effecting a complete revision of the laws of

TUESDAY, FEBRUARY 18, 1964

947

this State relating to the qualifications and registration of voters, ap proved March 25, 1958 (Ga. Laws 1958, p. 269), is hereby amended by striking from Section 11 the words "six months" and substituting in lieu thereof the words "ninety days", so that when so amended Section 11 shall read as follows:

"Section 11. The registrars shall, in each year in which there is a general election for members of the General Assembly, cease their operations of taking applications from persons desiring to vote in such election ninety days before the date of such election. During the period while the general election list is being prepared, they may suspend the operation of taking applications from those desiring to vote in subsequent elections, provided the office shall be kept open at least one day and the same day in each week during this period for receiving applications."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Wesberry of the 37th offered the following amendment to the Com mittee substitute:
Amend the committee substitute for SB 118, as follows:
Amend SB 118 by striking the words "ninety days" wherever the same shall appear in Section 1, and substituting in lieu thereof the words "one hundred twenty days".

On the adoption of the amendment to the committee substitute, the ayes were 33, nays 0, and the amendment to the committee substitute was adopted.

On the adoption of the committee substitute, as amended, the ayes were 29, nays 0, and the amendment to the committee substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute as amended.
HR 419. By Messrs. Gibbons and Walker of Lowndes: A resolution authorizing the conveyance of certain State property lo cated in Lowndes County; and for other purposes.

948

JOURNAL 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 45, nays 0.

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

SB 265. By Senator Jackson of the 16th:
A bill to amend an act known as "The Georgia Professional Association Act", approved April 5, 1961, (Ga. L. 1961, p. 404), so as to redefine the term "professional service"; 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 320. By Senator Webb of the llth:
A bill to amend code chapter 58-2, relating to the manufacture, trans portation and possession of certain intoxicating liquors, as amended by an act approved Feb. 1, 1946, (Ga. L. 1946, p. 96), so as to declare certain raw materials and substances contraband; to provide for the seizure and destruction thereof; to provide for delivery to public schools; and for other purposes.
Senator Webb of the llth offered the following amendment:
Amend Senate Bill 320 by striking from Section 1 thereof the para graph in quotes, and by substituting therefor the following:
"58-210. Any raw materials or substances, including but not being limited to sugar of any grade or type, intended for use in the unlawful distilling or manufacturing of any alcoholic, spiritous, vinous or malt beverage are declared to be contraband, and no corporation, firm or individual shall have any property right in or to the same, and whenever any such raw materials or substances so used or about to be used shall be found or discovered whether in transit, in storage, or at a site of such unlawful distillation or manufacture, by any sheriff, deputy sheriff, revenue agent or any other law enforcement officer, the same are declared forfeited and shall be subject to the following dispositions, or any of them:

TUESDAY, FEBRUARY 18, 1964

949

(1) Such raw materials or substances, whenever found or dis covered at a site of unlawful distillation or manufacture as de scribed herein, may be summarily destroyed and rendered useless by any of the officers herein named without any formal order of the Court or, in the event any such raw materials or substances shall be fit for human consumption, the same may be delivered to the public schools of the county in which seized for use thereby.

(2) Such raw materials or substances, whenever found or dis covered in transit or in storage, by any of the officers named herein, shall be seized by said officer and the procedures of notice, con demnation and sale, provided in Code Section 58-207, applicable to vehicles and conveyances shall be followed."

On the adoption of the amendment, the ayes were 29, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 190. By Senators Webb of the llth, Carlton of the 21st and Jackson of the 16th:
A bill to create the Georgia State Scholarship Commission; to author ize and empower the Commission to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desir ing to study Dentistry, Social Work, Nursing, Pharmacy, Physical Therapy, Medical Technology, Hospital Administration, Dietetics, X-ray Technology and other courses of study in the paramedical field; and for other purposes.

The Committee on Health and Welfare offered the following amendment:

Amend Section 10 of Senate Bill 190 by renumbering subsection (a) thereof as subsection (b) and subsection (b) thereof as subsection (c), and adding a subsection (a) thereof to read as follows:
"For budgetary and appropriation purposes the Commission shall specify the various classifications of purposes for which scholarships under this Act may be awarded, request a specific

950

JOURNAL OF THE SENATE,

appropriation for each such classification and it is contemplated that the appropriation to the Commission shall be in an amount for each such classification."

On the adoption of the amendment, the ayes were 32, nays 0, and the amendment was adopted.

Senator Webb of the llth offered the following amendment:
Amend SB 190 by striking from the following: "study Dentistry, Social Work, Nursing, Pharmacy, Physical Therapy, Medical Tech nology, Hospital Administration, Dietetics, X-Ray Technology, other courses of study" and substituting in lieu thereof the following: "pursue a program of study"; and
By striking from Section 1 the following: "in such fields as Den tistry, Social Work, Nursing, Pharmacy, Physical Therapy, Medical Technology, Hospital Administration, Dietetics, X-Ray Technology, other courses of study"; and
By striking in its entirety Section 3 and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. Members of the Commission--The State Scholar ship Commission, hereby created, shall be composed of eleven (11) members, one (1) from each Congressional District and one (1) from the state at large, to be appointed by the Governor and con firmed by the Senate. Six (6) members of the Commission shall constitute a quorum for the transaction of business.";
and
By striking in its entirety Section 4 and substituting in lieu thereof a new Section 4 to read as follows:
"Section 4. Terms of members of the Commission--For the initial appointments hereunder, four (4) members shall be appointed for terms of five (5) years each; four (4) members shall be ap pointed for terms of six (6) years each; and three (3) members shall be appointed for terms of seven (7) years each. Thereafter, all appointments shall be for seven (7) years each.";
and
By striking in its entirety Section 6 and substituting in lieu thereof a new Section 6 to read as follows:
"Section 6. Vacancies in office--Vacancies for any cause shall be filled by the Governor for the remainder of the unexpired term,

TUESDAY, FEBRUARY 18,1964

951

subject to confirmation by the Senate. All appointments made when the Senate is not in session shall be effective ad interim."

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.

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 887. By Messrs. Jones of Worth, Branch and Alien of Tift, Coker of Turner and Mixon of Irwin:

A bill to amend an act placing the solicitor general of the Tifton Judicial Circuit on a salary; and for other purposes.

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

On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 327. By Senator Ellis of the 44th: A bill creating the Peace Officers' Annuity and Benefit Fund, approved Feb. 1, 1950 (Ga. L. 1950, p. 50), as amended, so as to redefine the term "peace officer"; to provide for prior credit for certain peace officers; to repeal conflicting laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 2.

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

HB 873. By Messrs. Knight of Berrien, Wilkes of Cook, Henderson of Atkinson and others:
A bill to prescribe the terms of court of the superior court in each of the five counties comprising the Alapaha Judicial Circuit; and for other purposes.

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

On the passage of the bill, the ayes were 28, nays 0.

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

SR 197. By Senator Hunt of the 26th:
A resolution authorizing the Governor to execute a lease in behalf of the State of Georgia of certain property conveyed to the State by the City of Macon to be used as a site for construction of an armory for the Georgia Air National Guard, with one hundred percent Federal funds; 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.

SR 198. By Senator Hunt of the 26th:
A resolution authorizing the conveyance of certain State property located in Bibb County; and for other purposes.

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

TUESDAY, FEBRUARY 18, 1964

953

On the adoption of the resolution, the ayes were 34, nays 0.

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

HR 445. By Mr. Smith of Camden: A resolution to designate "The Camden County Training School" as "The Matilda Harris Elementary School"; 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.
HB 131. By Messrs. Matthews of Clarke, Killian of Glynn, Melton of Spalding, Isenberg of Glynn and others: A bill to amend an act entitled "An act to provide for the creation of a State Literature Commission, so as to provide for declaratory relief; and for other purposes.
The report 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 8.
The bill, having received the requisite constitutional majority, was passed.
Senator Gayner of the 5th gave notice that at the proper time he would move that the Senate reconsider its action on HB 131.
HB 162. By Messrs. Key ton of Thomas and Greene of Bartow: A bill comprehensively and exhaustively to revise, supersede, consolidate and codify the laws relating to public health, the Department of Public

954

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Health, the State Board of Health, County Boards of Health, sanitary districts, and district health commissioners; and for other purposes.

Senator Miller of the 50th asked unanimous consent that HB 162 be recom mitted to the Committee on Health and Welfare:

The consent was granted.

HB 1147. By Messrs. Etheridge and McClelland of Pulton:
A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to authorize counties where the sale of alcoholic beverages is authorized by law and which counties have a certain population, to issue license for the sale of alco holic beverages containing less than 4 ozs.; and for other purposes.

Senators Salome of the 36th, Coggins of the 35th and Gayner of the 5th move to substitute the following for HB 1147:
A BILL
TO BE ENTITLED
An Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, so as to authorize counties where the sale of alcoholic beverages is authorized by law and which such counties have a population of more than 40,000, according to the United States Decennial Census of 1960 or any future such decennial census, and to authorize all cities located wholly or partially within such counties, to issue licenses for the sale of distilled spirits or alcoholic beverages in that part of such cities lying within such counties; to author ize such counties and cities to prescribe rules and regulations concerning the issuance of such licenses; to authorize such counties and cities to pre scribe rules and regulations relating to and concerning the regulation of any businesses holding such licenses; to authorize wholesale distributors to sell to persons licensed under this Act; to provide for regulatory power of the State Revenue Commissioner; to provide for the procedure for implementing this Act; to provide for elections; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA :'
Section 1. An Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, is hereby amended by renumbering Section 31, the repealer clause, as Section 32 and by insert ing a new Section 31 to read as follows:

TUESDAY, FEBRUARY 18, 1964

955

"Section 31. (a) Anything in this Act to the contrary notwith standing, every county in the State of Georgia where the sale of dis tilled spirits or alcoholic beverages is authorized by law and which such counties have a population of more than 40,000, according to the United States Decennial Census of 1960 or any future such decennial census, and any city or municipality in that part of such cities lying within such counties, may, under such appropriate regulations as the State Revenue Commissioner may prescribe, authorize the issuance of licenses to sell distilled spirits or alcoholic beverages for beverage purposes by the drink, said sales to be for consumption only on the premises. The regulatory power of the State Revenue Commissioner shall be in accordance with existing provisions of law relating to the issuance of licenses for and the regulatory authority over the sale of alcoholic beverages in Georgia.

"(b) Every county and city as set forth in this Section shall have the full power and authority to adopt all reasonable rules and regulations governing the qualifications and criteria for issuance of any such license and shall further have the power and authority to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this Section, including but not being limited to the regulations of hours of business, types of employees, and other matters which may fall within the police powers of such
municipalities or counties.

"(c) Those persons who are duly licensed as wholesalers under the provisions of this Act shall be authorized to sell to any person or persons licensed as provided in this Section, distilled spirits at wholesale, and the persons so licensed under this Section shall be authorized to purchase such distilled spirits from a licensed whole saler at wholesale.
"(d) In the event the governing authority of any municipality or county coming under the provisions of this Act implement and place this Act in effect without a referendum, then upon a petition signed by fifteen (15%) per cent of the registered voters of any such municipality or county, the governing authority shall be required to conduct a special referendum election for the purpose of submitting to the voters the question of whether this Act shall be implemented or not. In the event a majority of those voting in any such referen dum election vote in favor of implementing this Act, then this Act shall become effective immediately; and in the event a majority of those voting in any such referendum election shall vote against implementing this Act, then this Act shall become null, void and of no force and effect in the municipality or county wherein said elec tion was conducted. Anything herein to the contrary notwithstand ing, any petition as set out above shall be filed with the governing authority before January 1, 1965, and in the event that no such peti tion is filed by that time, the actions of the governing authority shall be held to be ratified and confirmed.
"At any time between the passage of this Act and January 1, 1965, upon petition of fifteen (15%) per cent of the registered voters of any municipality or county coming within the provisions of this

956

JOURNAL OP THE SENATE,

Act, the governing authority shall be required to hold and conduct a special referendum election for the purpose of submitting to the qualified voters the question of whether this Act shall become effec tive or not. In the event a majority of the persons voting thereon vote in favor of implementing this Act, then such Act shall become of full force and effect immediately, and if a majority of the quali fied voters voting thereon vote against implementing this Act, then it shall become null, void and of no force and effect as to the munici pality or county voting thereon.

"(e) In any county which has at any time held an election in accordance with the foregoing provisions of this Act resulting in the majority of the votes being cast in favor of the sale of distilled spirits or alcoholic beverages for beverage purposes by the drink, the Ordinary of such county shall upon a petition signed by at least thirty-five (35%) per cent of the registered, qualified voters of said county proceed to call another election in the same manner as here inbefore prescribed for the purpose of nullifying the previous elec tion; provided, however, no such election shall be called or had within two (2) years after the date of the declaration of the results by the Ordinary of the previous election had for such purposes as hereinabove provided."

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 16.

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 29, nays 16.

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

Senator Rowan of the 8th asked unanimous consent that he be recorded as voting "No."

The consent was granted.
SB 296. By Senator Broun of the 46th, Lee of the 47th and Harrison of the 48th: A bill to amend code chapter 26-2601, as amended, so as to change the punishment for larceny of any automobile, locomobile, motorcycle, motor

TUESDAY, FEBRUARY 18, 1964

957

vehicle, or other kind of vehicle propelled by electricity or gasoline; to repeal conflicting laws; and for other purposes.

The Committee on Judiciary offered the following substitute:
A BILL
TO BE ENTITLED
An Act to amend Code Chapter 26-2601, relating to the several kinds of larceny or theft and the punishment therefor, as amended, so as to change the punishment for larceny of any automobile, locomobile, motor cycle, motor vehicle, or other kind of vehicle propelled by electricity or petroleum products; to provide that the offense defined in Code Section 26-2603 shall not be reducible to a misdemeanor if the person convicted of such an offense shall have a prior conviction of the same offense; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Code Chapter 26-2601, relating to the several kinds of larceny or theft and the punishment therefor, as amended, is hereby amended by striking Code Section 26-2603 in its entirety and inserting in lieu thereof a new Code Section 26-2603, to read as follows:
"26-2603. The larceny of any automobile, locomobile, motor cycle, motor vehicle, or other like vehicle propelled by electricity or petroleum products shall be a felony; and any person convicted therefor shall be punished by imprisonment in the penitentiary for not less than two (2) years nor more than ten (10) years."
Section 2. Said Chapter is further amended by adding a new Section thereto to be known as Code Section 26-2603.1, to read as follows:
"26-2603.1. The felony defined in Code Section 26-2603 shall not be reducible to a misdemeanor by any judge presiding at the trial of any person convicted of said offense if said person has had a prior conviction for such offense."
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 28, nays 0, and the substitute was adopted.

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

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On the passage of'the bill, the ayes were 32, nays 0.

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

SB 281. By Senator Moore of the 31st:
A bill to amend an act creating the office of solicitor-general emeritus and the solicitor-general retirement fund of Georgia, approved February 17, 1949 (Ga. L. 1949, p. 780), as amended, so as to change the date and time by which a solicitor-general may pay for and receive credit for service in the Armed Forces of the U.S.; and for other purposes.

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

On the passage of the bill, the ayes were 35, nays 0.

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

SB 304. By Senator Rowan of the 8th:
A bill to amend an act revising the laws relating to game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, so as to exclude therefrom the owners of private ponds as relates to the use or disposal of any fish taken from said private ponds; to repeal conflicting laws; and for other purposes.
Senator Rowan of the 8th offered the following substitute:
A BILL
TO BE ENTITLED
An Act to amend an Act completely and exhaustively revising, super seding and consolidating the laws relating to the State Game and Fish Commission, to game and fish, and to wild life, approved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, so as to provide that the owner and members of his immediate family may fish in any pond of the owner and sell the fish taken therefrom; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

TUESDAY, FEBRUARY 18, 1964

959

Section 1. An Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commis sion, to game and fish, and to wild life, approved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, is hereby amended by adding a new Section to be numbered Section 121A and to read as follows:

"Section 121A. Notwithstanding any other provisions of this Act to the contrary, the owner and members of his immediate family may fish in any pond of the owner and take fish therefrom, in accordance with the provisions of this Act and the rules and regula tions of the State Game and Fish Commission, and dispose of such fish in any manner desired by the owner, including the sale thereof."

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, was agreed to by substitute.
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 341. By Senator Fuqua of the 22nd: A bill to amend Code Chapter 84-2, relating to certification of account ants, as amended, so as to change the application fee for certification as a certified public accountant; to change the annual registration fee; to change the annual registration fee for non-residents; to provide for reciprocity; to provide for a fee for reciprocity; to repeal conflicting laws; and for other purposes.
The Committee on Banking and Finance offered the following amendment:
Amend SB 341 by striking from the title the words "to provide for reciprocity; to provide for a fee for reciprocity;", and inserting in lieu thereof the words "to provide an effective date;".
By striking Section 3 in its entirety. By renumbering the present Section 4 as Section 3. By adding a new section to be known as Section 4 to read as follows:

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"Section 4. This act shall become effective January 1, 1965."

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.
SB 349. By Senator Rowan of the 8th: A bill creating a Teachers' Retirement Fund, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to define, for the purposes of this act, what salary deductions for contributions into the fund shall be made; to repeal conflicting laws; and for other purposes.
Senator Conway of the 41st offered the following amendment:
Amend SB 349 by adding at the end of section 8A the following:
"Provided, however, that any deductions previously made on the basis of compensation above and beyond the salary specified in the member's contract will be rebated."

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 34, nays 0.

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

TUESDAY, FEBRUARY 18, 1964

961

SB 326. By Senators Salome of the 36th, Wesberry of the 37th, Johnson of the 38th and others:
A bill to amend an act relating to the chartering and empowering of corporations, so as to change the provisions relative to converting shares of stock into shares of another class having a superior preference; to repeal conflicting laws; and for other purposes.

The Committee on Judiciary offered the following substitute:
A BILL
To amend an Act relating to the chartering and empowering of cor porations, approved January 28, 1938 (Ga. Laws 1937-38 Ex. Sess., p. 214), as amended, so as to change the provisions relative to converting shares of stock into shares of another class having a superior preference; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act relating to the chartering and empowering of corporations, approved January 28, 1938 (Ga. Laws 1937-38 Ex. Sess., p. 214), as amended, is hereby amended by adding, in subsection (i) of Section 10, after the following sentence: "No shares of stock shall be convertible into shares of another class having a superior preference right as to dividends or as to assets upon liquidation and distribution.", a comma instead of a period and the following language ", unless the stock certificate to be thus convertible clearly specifies, when issued, that it does have such conversion privilege; and if it does so specify, it may lawfully be given and have and exercise such conversion privilege.", so that when so amended said subsection (i) shall read as follows:
"(i) To issue one or more classes of stock, with or without par value with such rights and characteristics as are described in its charter or any amendments thereof. Such stock may have voting powers, full or limited, or may be without voting powers, and may contain such designations, preferences, participation rights, option rights, conversion rights and redemption provisions as may be stipu lated. The holders of preferred or special stock of any class shall be entitled to receive dividends at such rates and on such conditions and at such times as shall be stated or expressed in the charter or any amendment thereto. If any corporation shall be authorized to issue more than one class of stock, the designations and preferences, and relative participating, optional or other special rights of each class of stock, and the qualifications, limitations or restrictions of such preferences or rights, shall be set forth in full or summarized on the face or back of the certificate which the Corporation shall issue to represent such class of stock. No shares of stock shall be convertible into shares of another class having a superior preference right as to dividends or as to assets upon liquidation and distribu tion, unless the stock certificate to be thus convertible clearly speci fies, when issued, that it does have such conversion privilege, and if

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JOURNAL OP THE SENATE,
it does so specify, it may lawfully be given and have and exercise such conversion privilege. Wherever any class of stock shall be with out voting power or with only limited voting power, that fact shall be stated on the face of the certificates for such shares of stock. If it is so provided in the charter, every corporation shall have the power to create and issue, whether or not in connection with the issue and sale of any shares of stock or other securities of the cor poration, rights or options, entitling the holders thereof to purchase from the corporation any shares of its capital stock of any class or classes upon such terms and at such time or times, which may be limited or unlimited in duration, and at such price or prices as shall be stated, provided that in case the shares to be issued upon the exercise of such rights or options shall be shares having a par value, the price or prices to be received therefor shall not be less than the par value thereof."

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.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

HR 493. By Messrs. Hull and Fleming of Richmond, Singer of Stewart, Tucker of Burke, Roper of Greene 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 at Augusta, Georgia; and for other purposes.

The Committee on Educational Matters offered the following amendment:
Amend HR 493 by adding in the last paragraph thereof after the words "recommended that" and before the words "the Appropriations Committee" the words "when the Board of Regents finds the need of establishing a dental college in the State of Georgia".

TUESDAY, FEBRUARY 18, 1964

963

On the adoption of the amendment, the ayes were 28, nays 0, and the amendment was adopted.

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

HR 60. By Mr. Fleming of Richmond:
A resolution to compensate J. F. Patton; and for other purposes.
Senator Gillis of the 20th offered the following amendment:
Amend HR 60 by adding the following:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the 'State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall ;have attached to the check mailed to the claimant a statement as follows:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official, to, collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall .have attached to the check mailed to the claimant a statement.
Any person who violates 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 45, 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.

964

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 Brown of 34th Byrd Carlton Carter Conway Downing Ellis Fincher Fuqua Gayner Gillis Gordy Hall Heard

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kidd Knox Lee Maclntyre Moore McKinnon McWhorter Noble Oliver Pelham

Pennington Phillips Rowan Salome Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

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

HR 79. By Mr. Clarke of Monroe: A resolution compensating E. W. Banks; and for other purposes.

Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera-

TUESDAY, FEBRUARY 18, 1964

965

tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement.

Any person who violates 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 45, 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.

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Brown of 34th Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gillis Gordy Heard Holloway Hunt

Johnson of 42nd Kendrick Kidd Lee Loggins Maclntyre Miller Moore McKinnon McWhorter Noble Oliver Pelham Pennington Phillips

Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

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

966

JOURNAL OP'THE SENATE,

HE 80. By Mr. Wilson of Cobb: A resolution compensating C. W. Clarke; and for other purposes.

Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement.
Any person who violates 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 45, 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.
The resolution, involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Brown of 34th Carlton
Carter Coggin Conway Downing

Ellis Fincher Gayner
Gillis Gordy Heard Holloway

Hunt Johnson of 42nd Kendrick
Kidd Lee Loggins Maclntyre

TUESDAY, FEBRUARY 18, 1964

967

Miller Moore McKinnon McWhorter Noble Oliver Pelham Pennington

Phillips Plunkett Rowan Salome Scott Searcey Smalley Smith

Spinks Thomas 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 45, nays 0.

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

HR 127. By Mr. Lindsey of Wilkes: A resolution compensating Oley F. Cleveland; and for other purposes.

Senator Gillis of the 20th offered the following amendment:
Amend HR 127 by adding the following:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment ap proved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in conection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment ap proved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement.
Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.

968

JOURNAL OF THE SENATE,

On the adoption of the amendment, the ayes were 45, nays 0, and the amend ment was adopted.

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

The resolution, involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Brown of 34th Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gillis Gordy Heard Holloway Hunt

Johnson of 42nd Kendrick Kidd Lee Loggins Maclntyre Miller Moore McKinnon McWhorter Noble Oliver Pelham Pennington Phillips

Plunkett Rowan
Salome Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.
The resolution, having received the requisite constitutional majority was adopted as amended.

HE 178. By Mr. Bowen of Toombs: A resolution to compensate William C. Somers; and for other purposes.

Senator Gillis of the 20th offered the following amendment:

It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to

TUESDAY, FEBRUARY 18, 1964

969

collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment ap proved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows:

It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment ap proved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement.

Any person who violates 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 45, nays 0, and the amendment was adopted.

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

The resolution, involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Brown of 34th Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gillis Gordy Heard Holloway Hunt

Johnson of 42nd Kendrick Kidd Lee Loggins Maclntyre Miller Moore McKinnon McWhorter Noble Oliver Pelham Pennington Phillips

Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young Zorn

970

JOURNAL OF THE SENATE,

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

On the adoption of the resolution, the ayes were 45, nays 0.

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

HR 202. By Messrs. Mackay and Harris of DeKalb: A resolution to compensate Cyrus W. Horton IV; and for other purposes.

Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment ap proved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in conection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment ap proved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement.
Any person who violates 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 45, 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, involving an appropriation, a roll call was ordered, and the vote was as follows:

TUESDAY, FEBRUARY 18, 1964

971

Those voting in the affirmative were Senators:

Broun of 46th Brown of 34th Carlton Coggin Carter Conway Ellis Downing Pincher Gayner Gillis Gordy Heard Holloway Hunt

Johnson of 42nd Kendrick Kidd Lee Loggins Maclntyre Miller Moore McKinnon McWhorter Noble Oliver Pelham Pennington Phillips

Plunkett Rowan Salome Scott Smalley Searcey Smith Spinks Thomas 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 45, nays 0.

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

HR 256. By Mr. Houston of Pierce:
A resolution to compensate the Nimmer Chevrolet Company; and for other purposes.

Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment ap proved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment ap-

972

JOURNAL OP THE SENATE,

proved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement.

Any person who violates 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 45, nays 0, and the amendment was adopted.

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

The resolution, involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Brown of 34th Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gillis Gordy Heard Holloway Hunt

Johnson of 42nd Kendrick Kidd Lee Loggins Maclntyre Miller Moore McKinnon McWhorter Noble Oliver Pelham Pennington Phillips

Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
HR 326. By Mr. Bynum of Rabun: A resolution to compensate Mr. James M. Houck; and for other pur poses.

TUESDAY, FEBRUARY 18, 1964

973

Senator Gillis of the 20th offered the following amendment:

It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment ap proved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows:

It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment ap proved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement.
Any person who violates 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 45, nays 0, and the amendment was adopted.

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

The resolution, involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Brown of 34th Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gillis Gordy Heard Holloway Hunt

Johnson of 42nd Kendrick Kidd Lee Loggins Maclntyre Miller Moore McKinnon McWhorter Noble Oliver Pelham Pennington Phillips

Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young Zorn

974

.

JOURNAL OF THE SENATE,

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

On the adoption of the resolution, the ayes were 45, nays 0.

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

HE 332. By Mr. Hall of Lee:
A resolution to compensate Homer C. Aired; and for other purposes.
Senator Gillis of the 20th offered the following amendment:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fea, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment ap proved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment ap proved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement.
Any person who violates 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 45, 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, involving an appropriation, a roll call was ordered, and the vote was as follows:

TUESDAY, FEBRUARY 18, 1964

975

Those voting in the affirmative were Senators:

Broun of 46th Brown of 34th Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gillis Gordy Heard
Holloway Hunt

Johnson of 42nd Kendrick Kidd Lee Loggins Maclntyre Miller Moore McKinnon McWhorter Noble Oliver Pelham
Pennington Phillips

Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

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

HR 341. By Mr. Hurst of Quitman: A resolution to compensate J. D. Holmes; and for other purposes.

Senator Gillis of the 20th offered the following amendment:
Amend HR 341 by adding the following:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment ap proved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment ap proved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement.

976

JOURNAL OF THE SENATE,

Any person who violates 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 45, nays 0, and the amendment was adopted.

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

The resolution, involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Brown of 34th Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gillis Gordy Heard Holloway Hunt

Johnson of 42nd Kendrick Kidd Lee Loggins Maclntyre Miller Moore McKinnon McWhorter Noble Oliver Pelham Pennington Phillips

Plunkett Rowan Salome Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

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

HR 377. By Mr. Lee of Clinch: A resolution to compensate Clinch County; and for other purposes.

Senator Gillis of the 20th offered the following amendment:

TUESDAY, FEBRUARY 18, 1964

977

It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera~ tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment ap proved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows:

It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment ap proved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement.

Any person who violates 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 45, nays 0, and the amendment was adopted.

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

The resolution, involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Brown of 34th Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gillis Gordy Heard Holloway Hunt

Johns^-i of 42nd Kendrick Kidd Lee Loggins Maclntyre Miller Moore McKinnon McWhorter Noble Oliver Pelham Pennington Phillips

Plunkett Rowan Salome Scott Seaxcey Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young Zorn

978

JOURNAL OF THE SENATE,

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

On the adoption of the resolution, the ayes were 45, nays 0.

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

SB 206. By Senator Pennington of the 45th:
A bill to amend Code Chapter 105-4, relating to invitees and licensees, so as to define and limit the duty of care owed by an owner or occupier of land to persons using his property for outdoor recreational pur poses; to repeal conflicting laws; and for other purposes.

The Committee on Judiciary offered the following substitute:
AN ACT
To amend Code Chapter 105-4, relating to invitees and licensees, so as to define and limit the duty of care owed by an owner, occupier or lessee of land to persons using his property for outdoor recreational purposes; to define and limit the civil liability of such an owner, occu pier or lessee of land; to define and limit the duty of care owed by an owner of land or water area leased for outdoor recreational purposes to persons using said land or water area; to limit the liability of such owners of land or water areas leased for outdoor recreational purposes; to provide that users of such areas shall be liable for damages caused to owners; to define certain terms; to set forth and declare the purpose of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Code Chapter 105-4, relating to invitees and licensees, is hereby amended by adding thereto the following new Code Sections:
"105-403. An owner, occupier or lessee of land who provides the public with a land or water area for outdoor recreational pur poses owes no duty of care to keep that land or water area safe for entry or use by others. An owner, occupier or lessee of land who provides the public with a land or water area for outdoor recrea tional purposes shall not, by providing that land or water area, (a) be presumed to extend any assurance that such land or water area is safe for any purpose; (b) incur any duty of care, except as pro vided above, toward a person who goes on that land or water area; or (c) become liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on that land or water area; provided, however, this Code Section

TUESDAY, FEBRUARY 18,1964

979

shall not apply if the owner, occupier, or lessee conducts or per mits any recreational activity on such property for which a charge is usually made. Provided, further, this Section shall not relieve any person of liability which would otherwise exist for deliberate, wilful or malicious injury to persons or property and the provisions hereof shall not be deemed to created or increase the liability of any person.
"105-404. An owner of land or water area leased to the State, an individual or association for outdoor recreational purposes owes no duty of care to keep that land or water area safe for entry or use by others, or to give warning to persons entering or going on that land or water of any hazardous conditions, structures, or ac tivities thereon. An owner who leases land or water area to the State, an individual or association for outdoor recreational purposes shall not, by giving such lease (a) be presumed to extend any assurance that such land or water area is safe for any purpose; (b) incur any duty of care toward a person who goes on the leased land or water area; or (c) become liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the leased land or water area. The foregoing applies whether the person going on the leased land or water area is an invitee, licensee, trespasser, or otherwise.

"This Section shall not relieve any person of liability which would otherwise exist for deliberate, wilful or malicious injury to persons or property and the provisions hereof shall not be deemed to create or increase the liability of any person.

"105-405. Users of private lands opened for public outdoor recreational purposes shall be liable for damages caused by negli gent acts to livestock, buildings, fences, cultivated lands, equip ment, and to timber by cutting or by setting of fire by careless acts. Owners, occupiers, or lessees of lands opened for public recrea tional purposes may close same for such use at their discretion without public notice other than posting said area.

"105-406. Definitions.-- (a) 'Outdoor recreational purposes' as used in Code Sections 105-404 through 105-407 shall include, but not necessarily be limited to, hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, and visiting historical archaeological, scenic or scientific sites;

" (b) 'Land or water area' as used in Code Sections 105-404 through 105-407 shall include, but not necessarily be limited to, all real property, waters, private ways, trees and any buildings or structures which might be located on or in said real property, waters and private ways.

"105-407. The purpose of Code Sections 105-404 through 105407 is to encourage persons to make available to the public land, water areas and park areas for actual recreational purposes by limiting such persons' liability to persons going thereon, as well as

980

JOURNAL OF THE SENATE,

to third persons who may be damaged by the acts or omissions of persons going thereon. These Code Sections shall be liberally con strued and applied to promote these purposes."

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 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 31, nays 0.

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

SB 321. By Senator Miller of the 50th:
A bill to prohibit certain educational institutions located within the State of Georgia from conferring honorary degrees; to provide for a penalty; to repeal conflicting laws; and for other purposes.

The Committee on Educational Matters offered the following amendment:
Amend SB 321 by striking the period at the end of Section 1 and by inserting the following at the end of Section 1: "or is accredited by the State Department of Education.".
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 32, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.

TUESDAY, FEBRUARY 18, 1964

981

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 recommendation:

HB 162. Do pass as amended.

Respectfully submitted, Miller of 50th District, Chairman.

SB 311. By Senators Coggin of the 35th and Plunkett of the 30th:
A bill to enact a new code section 29-401; to prescribe the effect of voluntary deeds to land and to provide for the recording of such deeds and prescribe the effect thereof; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 0.

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

SB 240. By Senator Zorn of the 6th:
A bill to amend an act entitled the "Revenue Tax Act to legalize and control alcoholic beverages and liquors", approved February 3, 1938, (Ga. L. 1937-38, ex. sess., p. 103), as amended, so as to provide punish ment upon the conviction of possessing one or more gallons of dis tilled spirits or alcohol upon which the tax has not been paid; and for other purposes.

The report 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.

982

JOURNAL OP THE SENATE,

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

The House insists on its position on the following bill of the Senate and respectively requests that a Committee of Conference be appointed:

SB 200. By Senator Gordy of the 15th:
A bill to provide for the licensing and regulating of the business of selling, issuing, and delivering of checks, drafts, ond money orders, as a service or for a fee or other considerations; and for other purposes.

The Speaker has appointed as a Comittee of Conference on the part of the House:
Messrs. Groover of Bibb, Twitty of Mitchell and Pickard of Muscogee.

The House has adopted the following resolutions of the Senate:

SR 207. By Senator Kidd of the 25th: A resolution relative to "Galloway Gardens"; and for other purposes.

SR 208. By Senators Pelham of the 10th and Kendrick of the 32nd: A resolution commending Ernest Rogers; and for other purposes.

The following bill of the Senate was taken up for the purpose of consider ing the report of a Committee of Conference thereon:

SB 200. By Senator Gordy of the 15th:
A bill to provide for the licensing and regulating of the business of selling, issuing and delivering of cheeks, drafts, and money orders, as a service or for a fee or other consideration; and for other purposes.

The report of the Committee of Conference was as follows: Mr. President: Mr. Speaker:

TUESDAY, FEBRUARY 18, 1964

983

Your Committee on Conference has met on SB 200 and submit the following report:

We recommend that:

(1) That the Senate recede from its position in disagreeing to the House Amendment to subsection (a) of Section 5 and that that amend ment be adopted so that the net worth required shall be $50,000 instead of $100,000;

(2) That the Senate recede from its position in disagreeing to the House Amendment to subsection (c) of Section 7 and that that amend ment be adopted so that the bond required be $100,000 minimum and maximum by striking from said subsection all after the figures $100,000 in the first sentence of said subsection and by striking the second sen tence thereof.

(3) That the House recede from its position on its amendment to Section 4 (a) of said bill and that Section 4 be struck in its entirety and the following be inserted in lieu thereof:

Section 4. Exemption from Licensing. No license to sell checks as aforesaid shall be required of any of the following:

(a) Banks, private banks not incorporated, except those private banks engaged in the sale of money orders to the general public through agents at locations other than the location of said private bank, trust companies, building and loan associations, savings and loan associations, whether organized under the laws of Georgia or of the United States, or any wholly owned company of the above; however, should any private bank desire to engage in the sale of money orders to the general public through agents at locations other than the location of said private bank or its branch offices, it shall be required to furnish a surety bond in the principal sum of $20,000.00 by a bonding company or insurance company author ized to do business in this State running to the State of Georgia for the benefit of any claimants against the applicant or its agents to secure the faithful performance of the obligations of said pri vate banks and its agents with respect to the receipt, handling, transmission and payment of money in connection with the sale of checks. Said bond shall be deposited with the superintendent of banks; provided however that should said private bank have total assets in excess of $300,000.00 said private bank shall not be required to post a said surety bond.

(b) Incorporated telegraph companies insofar as they receive money at any of their respective offices or agencies for immediate transmission by telegraph.
(c) Agents of a licensee, as provided in Section II.
(4) That the Senate recede from its position in disagreeing to the

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JOURNAL OF THE SENATE,

House Amendment to Section 11 of said Act and that the House Amend ment to said Section be adopted which Amendment is as follows:

"(c) Any person selling checks as defined in this Act as agent for a licensee licensed pursuant to this Act shall not be liable for the failure of such licensee to pay said check."
Respectfully submitted:

On the part of the Senate: Fuqua of 22nd A. Perry Gordy of 15th Lamar Plunkett of 30th

On the part of the House: Mac Pickard of Muscogee Groover of Bib Twitty of Mitchell

Senator Gordy of the 15th moved that the Senate adopt the report of the Committee of Conference.
On the motion, the ayes were 28, nays 0.

The motion prevailed, and the report of the Committee of Conference was adopted.

HB 928. By Messrs. Ware and Spikes of Troup, Payton of Coweta, Groover of Bibb and Vaughn of Rockdale:
A bill to amend an act relating to the procedure for summoning grand jurors, so as to provide that grand jurors may be summoned by certi fied mail; and for other purposes.

The Committee on Judiciary offered the following substitute:
A BILL
TO BE ENTITLED
An Act to amend Code Section 59-206, relating to the procedure for summoning grand jurors, so as to provide that grand jurors may be summoned by certified mail; to provide for a return receipt; to provide

TUESDAY, FEBRUARY 18, 1964

985

that failure to receive the notice personally shall be a defense to a contempt citation; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Section 59-206, relating to the procedure for sum moning grand jurors, is hereby amended by adding at the end thereof the following:

"Provided, however, the sheriff may, in his discretion, serve the persons whose names appear on the precept by sending the summons by certified United States mail, return receipt requested, addressed to their most notorious places of abode at least 15 days prior to the term of the court the jurors were drawn to attend. Pro vided further, however, that the failure to receive the notice per sonally shall be a defense to a contempt citation.",

so that when so amended Code Section 59-206 shall read as follows:

"59-206. Summoning; Time and Manner.--Within 30 days after the grand jurors shall have been drawn by a judge of the superior court, and within five days after they may have been drawn by the ordinary and commissioners, as provided in section 59-205, the clerk of the superior court shall issue and deliver to the sheriff, or his deputy, a precept containing the names of the persons drawn as grand jurors; and upon the receipt of the pre cept, the sheriff or his deputy shall cause the persons whose names are therein written to be served personally, or by leaving the sum mons at their most notorious places of residence, at least 10 days prior to the term of the court the jurors were drawn to attend. Provided, however, the sheriff may, in his discretion, serve the persons whose names appear on the precept by sending the sum mons by certified United States mail, return receipt requested, addressed to their most notorious places of abode at least 15 days prior to the term of the court the jurors were drawn to attend. Provided further, however, that the failure to receive the notice personally shall be a defense to a contempt citation."

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 32, 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.

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

HR 409. By Messrs. Mackay and Harris of DeKalb:
A resolution relative to the erection of flags at Stone Mountain; and for other purposes.

The Committee on Rules offered the following substitute:
A RESOLUTION
Relative to the contribution of the bricks from the Old Soldiers Home to the Georgia Division, United Daughters of the Confederacy; and for other purposes.
WHEREAS, the Georgia Division, United Daughters of the Con federacy, has for many years been of great aid and benefit to the preservation of the history of Georgia relative to the Confederacy; and
WHEREAS, the United Daughters of the Confederacy contributed time, labor and funds to the Old Soldiers Home, which is being de molished, and it would be fitting and proper that the bricks therefrom be contributed to the United Daughters of the Confederacy as a token of their untiring contributions to said Home;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that the proper State Authorities are hereby directed to contribute the bricks from the Old Soldiers Home to the Georgia Division of the United Daughters of the Confederacy.

On the adoption of the substitute, the ayes were 31, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution, the ayes were 32, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

TUESDAY, FEBRUARY 18, 1964

987

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 118. SB 190. SB 203. SB 206. SB 265. SB 240. SB 281. SB 286. SB 287. SB 296. SB 304. SB 307. SB 311. SB 319. SB 320. SB 326. SB 327. SB 338. SB 341. SB 340. SB 342. SB 345. SB 348. SB 349. SB 350. SB 351. SB 352. SB 356.

988
SR 197. SR 198. SR 199. SR 203.

JOURNAL OP THE SENATE,
Respectfully submitted, Pelham of 10th District, Chairman.

Senator Pelham of the 10th, Chairman of the Committee on Senate Admin istrative Aflairs, 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 241. SB 242. SB 243. SB 244. SB 245. SB 246. SB 247. SB 248. SB 229. SB 230. SB 231.

Respectfully submitted, Pelham of 10th District, Chairman.

SB 342. By Senator Zorn of the 6th:
A bill to amend code section 3-110, relating to the joinder of claims by or against different persons, so as to provide for the joinder of parties plaintiff or defendant in one section where any asserted right pertains to or arises out of the same transaction; and where any question of law or fact common to all parties plaintiff or defendant will arise in the action; and for other purposes.

TUESDAY, FEBRUARY 18, 1964

989

*

The report 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 313. By Senator Rowan of the 8th:
A bill providing for the issuance by the State Revenue Commissioner of special license plates for antique automobiles, so as to change the defini tion of "historical vehicle" by changing the age limitation of such vehi cles from 30 years to 25 years of age; to repeal conflicting laws; and for other purposes.

Senator Rowan of the 8th asked unanimous consent that SB 313 be recom mitted to the Committee on Public Utilities and Transportation.

The consent was granted.

Senator Carlton of the 21st moved that the Senate do now adjourn, and the motion prevailed.

The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.

990

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Wednesday, February 19, 1964.

The Senate met pursuant to adjournment this morning at 10:00 o'clock and was called to order by the president.

Scripture reading was offered by the Reverend Felix Turner, pastor of the First Baptist Church in Swainsboro, Georgia.

Prayer was offered by the Reverend Tom Watson, District Superintendent, Statesboro District of Methodist Church, at Statesboro, Georgia.

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

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 Carlton of the 21st 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 thorugh Mr. Ellard the Clerk thereof:
Mr. President:
The House has adopted the Conference Committee report to the following bills of the Senate:

WEDNESDAY, FEBRUARY 19, 1964

991

SB 200. By Senator Gordy of the 15th:
A bill to provide for the licensing and regulating of the business of sell ing, issuing and delivering of checks, drafts, and money orders as a service or for a fee or other considerations; and for other purposes.

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.
The House has agreed to the Senate amendment or substitutes to the follow ing bills of the House:

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 791. By Messrs. Duncan and Wiggins of Carroll and Abney of Walker:
A bill to amend an act known as the "Motor Vehicle Certificate of Title Act", so as to provide that the Commissioner shall not register or renew the registration of a vehicle for which title application is required under this Act until the required certificate of title has been issued; and for other purposes.

HB 660. By Messrs. Bell, Fleming and Hull of Richmond: A bill to amend an act relating to additional duties of the Clerks of the Superior Courts, so as to provide that said Clerk may provide a suitable cross reference card index system for the records; and for other pur poses.
The House insists on its position on the following bill of the House:
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 while or in part from Cobb County; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the Senate and House to wit:

SB 214. By Senators Webb of the llth, Lee of the 47th and Hall of the 52nd: A bill to amend Code section 77-525, to provide that the State Board of

992

JOURNAL OF THE SENATE,

Pardon and Paroles shall only consider for parole certain misdemeanants and felons and to repeal all laws.

SB 215. By Senators Webb of the llth, Lee of the 47th and Hall of the 52nd:
A bill to amend an act by providing that the State Board of Corrections shall have no authority over persons sentenced to county imprisonment facilities.

SB 216. By Senators Webb of the llth, Lee of the 47th, and Hall of the 52nd:
A bill to amend an act by providing how prisoners who are the sole responsibility of a county may be confined.

SB 217. By Senators Webb of the llth, Lee of the 47th, and Hall of the 52nd:
A bill to prescribe good time allowances and extra good time allowances for prisoners incarcerated under county jurisdiction.

SB 218. By Senators Webb of the llth, Lee of the 47th and Hall of the 52nd: A bill to amend an act so as to provide for concurrent sentences.

SB 220. By Senators Webb of the llth, Lee of the 47th and Hall of the 52nd:
A bill to amend an act so as to provide that the judge may condition pro bation of convicted felons on a fine of not more than $2,000 where proba tion is authorized by law.

SB 221. By Senators Webb of the llth, Lee of the 47th, and Hall of the 52nd:
A bill to amend Code Section 77-519, to provide that the State Board of Pardons and Paroles may temporarily revoke certain paroles.

SB 271. By Senators Webb of the llth, Hall of the 52nd, and Lee of the 47th:
A bill to amend an act so as to provide for hospital care for persons con fined to jail when found to be afflicted with tuberculosis.

SB 212. By Senators Webb of the llth, Lee of the 47th, and Hall of the 52nd:
A bill to repeal an act to provide for determinate sentences for a specific number of years in jury cases of felonies not punishable by life imprison ment and to repeal all laws.

WEDNESDAY, FEBRUARY 19, 1964

993

HB 1243. By Mr. McClelland of Fulton:
A bill to amend an act relating to the practice of all branches of pro fessional engineering, so as to require the State Board of Registration for Professional Engineers and Land Surveyors to give examinations relating to certain proficiencies; and for other purposes.

SB 213. By Senators Webb of the llth, Lee of the 47th and Hall of the 52nd:
A bill to amend an act to provide that the sentencing Courts shall retain jurisdiction over certain sentences; and for other purposes.

SB 219. By Senators Webb of the llth, Lee of the 47th, and Hall of the 62nd:
A bill to amend an act so as to provide for a statutory good time allow ance for the first year of the sentence of felony prisoners; and for other purposes.

HR 477. By Mr. Smith of Camden:
A resolution proposing an amendment to the Constitution so as to create a new Camden County Board of Tax Assessors; and for other purposes.

HR 370. By Mr. Simmons of Banks: A resolution compensating Mrs. Louis Bruce; and for other purposes.
HR 344. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, and others: A resolution to amend a resolution creating the "Constitution Revision Commission", so as to clarify the provisions relating to compensation for certain members; and for other purposes.
HR 323. By Messrs. Richardson, Shea and Funk of Chatham: A resolution compensating Mrs. Isabelle C. Oemler; and for other pur poses.
HR 321. By Mr. McClelland of Fulton: A resolution to compensate Lawrence Moore; and for other purposes.

HR 200. By Mr. Rutland of DeKalb: A resolution to compensate Paul T. Kane; and for other purposes.

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JOURNAL OF THE SENATE,

HR 195. By Mr. Williams of Hall: A resolution to compensate Monte F. Trout; and for other purposes.

HR 149. By Messrs. Lane and Nessmith of Bulloch:
A resolution to compensate Mr. and Mrs. James Collins; and for other purposes.

HR 56. By Mr. Smith of Grady: A resolution to compensate Julius W. Johnson; and for other purposes.

HB 1245. By Messrs. Morgan and Story of Gwinnett: A bill to incorporate the City of Suwannee; and for other purposes.

HB 1227. By Messrs. McClelland and Brooks 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; and for other purposes.
HB 1057. By Messrs. McClelland, Brooks and Etheridge of Fulton: A bill establishing a new charter for the City of Atlanta, relating to improvements at the Zoo in Grant Park; and for other purposes.

HB 937. By Mr. Ballard of Newton:
A bill to amend an act making and providing appropriations for the fiscal year, so as to provide for the deletion of certain language from Sec. 26 of said Act dealing with 100% Federal Funds; and for other purposes.

SR 142. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to author ize the governing authority of Baldwin County to provide for the con struction and maintenance of streets and sidewalks in Baldwin County; and for other purposes.

HB 899. By Messrs. Rowland of Johnson, Carr of Washington, Sinclair of Macon, Russell of Thomas and Smith of Telfair:
A bill to amend Code Chapter 89-8, so as to provide that neither the

WEDNESDAY, FEBRUARY 19, 1964

995

principal nor the surety on the bond of the head of any State dept. shall be liable for the failure of an employee of any such dept. to account for any public money coming into the hands of such employee is bonded in an amount deemed adequate by the head of the dept. and the State Audi tor, and the bond complies with the provisions of said Chapter.

HR 364. By Messrs. Keyton and Russell of Thomas: A resolution to designate the "William Fred Scott, Sr. Highway".

HR 459. By Messrs. Echols of Upson, Etheridge of Fulton and Walker of Lowndes:
A resolution to create a joint committee to study school bus transporta tion.

The House has passed by the requisite constitutional majority by substitute the following resolution of the Senate to-wit:

SR 146. By Senators Webb of the llth, Carlton of the 21st and Jackson of the 16th: A resolution proposing an amendment to the Constitution so as to create a Georgia State Scholarship Commission; to provide the granting of scholarships to students desiring to study courses in the paramedical field; to provide submission for ratification or rejection.
The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate to-wit:
HR 506. By Messrs. Harris and Mackay of DeKalb: A resolution proposing an amendment to the Constitution so as to pro vide that DeKalb County shall have the authority to levy a tax for the purpose of paying the administrative costs of collecting actual pro rate costs of the construction of lateral sanitary sewers from owners of abut ting undeveloped property; and for other purposes.
HR 502. By Messrs. Shea, Funk and Richardson of Chatham: A resolution proposing an amendment to the Constitution so as to pro vide for the elimination of the duties of certain officers of Chatham County; and for other purposes.
HR 500. By Mr. Dixon of Ware: A resolution proposing an amendment to the Constitution so as to pro-

996

JOURNAL OF THE SENATE,

vide for the election of members of the Board of Education of Ware County by the people; and for other purposes.

HR 498. By Messrs. Bedgood and Matthews of Clarke:
A resolution proposing an amendment to the Constitution so as to author ize the General Assembly to provide for the election by the people of the members of the Clarke County Board of Education from election districts within said County; and for other purposes.

HR 496. By Messrs. Lowrey and Jordan of Floyd:
A resolution proposing an amendment to the Constitution so as to pro vide a method for consolidation or merger of county school districts and independent school systems within Floyd County; and for other purposes.

HR 495. By Messrs. Griffin and Conger of Decatur:
A resolution providing for the compilation and development of a Regis try of Blind Persons residing within the State; and for other purposes.

HR 485. By Messrs. Towson and Knight of Laurens:
A resolution proposing an amendment to the Constitution so as to pro vide that members of the Board of Education of Laurens County take office on the 1st day of January immediately following their election; and for other purposes.

HR 483. By Mr. Smith of Whitfield:
A resolution proposing an amendment to the Constitution so as to pro vide for the division of Whitfield County into school districts and for the election of members of the county Board of Education from such districts; and for other purposes.

HR 482. By Messrs. House, Groover of Bibb and Roberts of Jones:
A resolution proposing an amendment to the Constitution so as to pro vide that the board of registrars of any county in which the City of Macon shall be situated shall furnish upon request complete voter list of registered voters residing in the City of Macon; and for other pur poses.

HR 479. By Mr. Smith of Forsyth:
A resolution proposing an amendment to the Constitution so as to pro vide that the members of the Board of Education of Forsyth County

WEDNESDAY, FEBRUARY 19, 1964

997

shall elect a County School Superintendent for Forsyth County; and for other purposes.

HR 478. By Mr. Smith of Forsyth:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the board of education of Forsyth County by the people; and for other purposes.

HB 1034. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A bill providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees, so as to change the provisions as to maximum pension benefits; and for other purposes.

HB 1141. By Messrs. Brooks and McClelland of Fulton: A bill to amend an act providing that certain cities having a popula tion of more than 150,000, shall furnish pensions to officers and em ployees, so as to provide that an officer or employee may designate certain persons as beneficiaries; and for other purposes.
HB 1249. By Mr. Baughman of Early: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Early, so as to provide that the Clerk of the Board of County Commissioners shall receive $100.00 per month; and for other purposes.
HB 1250. By Messrs. Payton and Blalock of Coweta: A bill to amend an act incorporating the Town of Turin, so as to change the corporate limits; and for other purposes.
HB 1251. By Messrs. Payton and Blalock of Coweta: A bill to amend an act creating a new charter for the Town of Sharpsburg, in the County of Coweta, so as to change the corporate limits; and for other purposes.
HB 1252. By Messrs. Payton and Blalock of Coweta: A bill to amend an act incorporating the Town of Turin, so as to authorize the Town of Turin to acquire, operate and maintain a water system and plant; and for other purposes.
HB 1253. By Mr. Beck of Twiggs: A bill to amend an act establishing a new charter for the City of Jeffer-

998

JOURNAL OF THE SENATE,

sonville, so as to provide for the time of holding municipal elections; and for other purposes.

HB 1254. By Mr. Beck of Twiggs:
A bill to amend an act establishing a new charter for the Town of Danville, so as to provide for fire districts in said city and fire regula tions therein; and for other purposes.

HB 1255. By Mr. McCracken of Jefferson:
A bill to amend an act incorporating the Town of Stapleton, so as to change the date on which the Mayor and councilmen are elected; and for other purposes.

HB 1256. By Mr. Reaves of Brooks:
A bill to amend an act creating a new charter for the City of Quitman, so as to reduce from 5 to 3 the number of city commissioners; and for other purposes.

HB 1257. By Messrs. House and Laite of Bibb:
A bill to amend an act establishing the City Court of Macon, so as to provide for the use of microfilm equipment to record court records; and for other purposes.

HB 1258. By Messrs. House and Laite of Bibb:
A bill to amend an act establishing the City Court of Macon, so as to authorize the Judge to promulgate rules and regulations allowing a defendant charged with a traffic violation to appear and dispose of said case; and for other purposes.

HB 1259. By Messrs. Abney and Snow of Walker:
A bill to amend the Charter of the City of Rossville, so as to authorize the Mayor and Council to assess, levy and collect an ad valorem tax upon all property within said city; and for other purposes.

HB 1260. By Messrs. Dicus, Jones and Pickard of Muscogee:
A bill entitled "An Act to combine the Department of Health of the City of Columbus with the Department of Health of Muscogee County"; and for other purposes.

WEDNESDAY, FEBRUARY 19, 1964

999

|

HB 1261. By Mr. Smith of Habersham:

.-:

.'

A bill to amend Code Section 24-1801, so as to authorize the ordinaries

in counties having a population between 18,110 and 18,120 to hire a

clerk whose salary shall be paid from county funds; and for other

purposes.

HR 517. By Mr. Carr of Washington:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Sandersville to levy a tax not to exceed 5 mills for the purpose of creating a fund to be used in assist ing, promoting and encouraging the location of industries in Sanders ville and Washington County; and for other purposes.

HR 518. By Mr. Carr of Washington:
A resolution proposing an amendment to the Constitution so as to create the Washington County Development Authority; and for other purposes.

HR 519. By Mr. Carr of Washington:
A resolution proposing an amendment to the Constitution so as to authorize Washington County to levy a tax not to exceed 2 mills for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Washington County; and for other purposes.

HR 520. By Messrs. Newton and Matthews of Colquitt:
A resolution proposing an amendment to the Constitution so as to empower Colquitt County with the authority to participate in group hospitalization insurance policies or contracts, etc.; and for other purposes.

HB 954. By Mr. Ponsell of Ware:
A bill to consolidate the offices of Tax Collector and Tax Receiver of Ware County into the one office of Tax Commissioner of Ware County; and for other purposes.

HR 505. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A resolution to reactivate the Local Education Commission, to make further investigations and submit plans for the improvement of the educational system of Fulton and DeKalb County; and for other pur poses.

1000

JOURNAL OP THE SENATE,

HB 895. By Messrs. Cullens of Bartow, Bagby of Paulding, Odom of Dougherty, Floyd of Chattooga and Shea of Chatham and others:
A bill to amend an act providing the manner in which liability insurers may compromise and settle claims of third persons against their insureds, so as to provide that covenants not to sue shall be excluded from the provisions of said act; and for other purposes.

HB 689. By Mr. Ponsell of Ware:
A bill to provide for clearance by quiet title proceedings of defects in real estate titles; and for other purposes.

HR 390. By Messrs. Mitchell and Smith of Whitfield:
A resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court and the Ordinary of Whitfield County; and for other purposes.

HR 418. By Messrs. Hull, Fleming and Bell of Richmond:
A resolution authorizing the Governor to convey certain easements over State owned property; and for other purposes.

HB 1054. By Messrs. Conner of Jeff Davis and Smith of Camden:
A bill to provide for a Bank Examiner Pension Fund; and for other purposes.

HB 1239. By Mr. Mackay of DeKalb:
A bill to amend Code Section 6-1611 relating to decisions which shall bind the Court of Appeals; and for other purposes.

HB 1246. By Mr. Blair of Sumter:
A bill to amend an act relating to motor vehicle licenses, so as to pro vide that non-resident vehicles may haul seasonal agricultural products grown in this State upon the payment of a fee on a prorated daily basis.

HR 501. By Mr. Ballard of Newton:
A resolution authorizing the expenditure of incidental and other ex penses in connection with Fiftieth National Convention of American Association State Highway Officials; and for other purposes.

WEDNESDAY, FEBRUARY 19, 1964

1001

The Speaker has appointed a Committee of Conference on the following bill of the House:

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.

The Speaker appointed the following members as a Committee of Conference: Messrs. Wilson, Teague and Flournoy of Cobb.

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

HB 937. By Mr. Ballard of Newton:
A bill to amend an act making and providing appropriations for the fiscal year, so as to provide for the deletion of certain language from Section 26 of said act dealing with 100% Federal Funds; and for other purposes.
Referred to Committee on Appropriations.

HB 1057. By Messrs. McClelland, Brooks and Etheridge of Fulton: A bill establishing a new charter for the City of Atlanta, relating to improvements at the Zoo in Grant Park; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1227. By Messrs. McClelland and Brooks of Fulton:
A bill to amend an act authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regula tions governing the payments of pensions to county employees; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1245. By Messrs. Morgan and Story of Gwinnett: A bill to incorporate the City of Suwanee; and for other purposes.
Referred to Committee on County and Municipal Governments.

1002

JOURNAL OF THE SENATE,

HE 56. By Mr. Smith of Grady: A resolution to compensate Julius W. Johnson; and for other purposes.
Referred to Committee on Appropriations.

HR 149. By Messrs. Lane and Nessmith of Bulloch:
A resolution to compensate Mr. and Mrs. James Collins; and for other purposes.
Referred to Committee on Appropriations.

HR 195. By Mr. Williams of Hall:
A resolution to compensate Monte F. Trout; and for other purposes. Referred to Committee on Appropriations.

HB 1243. By Mr. McClelland of Fulton:
A bill to amend an act relating to the practice of all branches of pro fessional engineering, so as to require the State Board of Registration for Professional Engineers and Land Surveyors to give examinations relating to certain proficiencies; and for other purposes.
Referred to Committee on Rules.

SR 219. By Senator Carlton of the 21st: A resolution creating the Tax Study Committee; and for other pur poses.
Referred to Committee on Rules.

HB 899. By Messrs. Rowland of Johnson, Carr of Washington, Sinclair of Macon, Russell of Thomas and Smith of Telfair:
A bill to amend an act so as to provide that neither the principal nor the surety on the bond of the head of any State Department shall be liable for the failure of an employee to account for any public money if employee is bonded in an amount deemed adequate by the head of the department and the State Auditor; and for other purposes.
Referred to Committee on Rules.

HR 364. By Messrs. Keyton and Russell of Thomas: A resolution to designate the "William Fred Scott Sr. Highway"; and for other purposes.
Referred to Committee on Highways.

WEDNESDAY, FEBRUARY 19, 1964

1003

HR 459. By Messrs. Echols of Upson, Etheridge of Fulton and Walker of Lowndes:
A resolution to create a joint committee to study school bus transpor tation; and for other purposes.
Referred to Committee on Rules.

HR 200. By Mr. Rutland of DeKalb: A resolution to compensate Paul T. Kane; and for other purposes.
Referred to Committee on Appropriations.

HR 321. By Mr. McClelland of Fulton: A resolution to compensate Lawrence Moore; and for other purposes.
Referred to Committee on Appropriations.

HR 323. By Messrs. Richardson, Shea and Funk of Chatham: A resolution compensating Mrs. Isabelle C. Oemler; and for other purposes.
Referred to Committee on Appropriations.
HR 344. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb and others: A resolution to amend a resolution creating the "Constitution Revision Commission", so as to clarify the provisions relating to compensation for certain members; and for other purposes.
Referred to Committee on Rules.
HR 370. By Mr. Simmons of Banks: A resolution compensating Mrs. Louis Bruce; and for other purposes.
Referred to Committee on Appropriations.
HR 477. By Mr. Smith of Camden: A resolution proposing an amendment to the Constitution so as to create a Camden County Board of Tax Assessors; and for other purposes.
Referred to Committee on Rules.
HR 478. By Mr. Smith of Forsyth: A resolution proposing an amendment to the Constitution so as to pro-

1004

JOURNAL OP THE SENATE,

vide for the election of members of the Board of Education of Porsyth County by the people; and for other purposes.
Referred to Committee on Rules.

HR 479. By Mr. Smith of Forsyth:
A resolution proposing an amendment to the Constitution so as to pro vide that the members of the Board of Education of Forsyth County shall elect a county school superintendent for Forsyth County; and for other purposes.
Referred to Committee on Rules.

HR 482. By Messrs. House, Groover of Bibb and Roberts of Jones: A resolution proposing an amendment to the Constitution so as to pro vide that the board of registrars of any county in which the City of Macon shall be situated shall furnish upon request complete voter list of registered voters residing in the City of Macon; and for other purposes.
Referred to Committee on Rules.
HR 483. By Mr. Smith of Whitfield: A resolution proposing an amendment to the Constitution so as to pro vide for the division of Whitfield County into school districts and for the election of members of the county board of education from such districts; and for other purposes.
Referred to Committee on Rules.
HR 485. By Messrs. Towson and Knight of Laurens: A resolution proposing an amendment to the Constitution so as to pro vide that members of the Board of Education of Laurens County take office on the 1st day of January immediately following their election; and for other purposes.
Referred to Committee on Rules.

HR 495. By Messrs. Griffin and Conger of Decatur:
A resolution providing for the compilation and development of a Registry of Blind Persons residing within the State; and for other purposes:
Referred to Committee on Health and Welfare.

HR 496. By Messrs. Lowrey and Jordan of Floyd: A resolution proposing an amendment to the Constitution so as to pro-

WEDNESDAY, FEBRUARY 19, 1964

1005

vide a method for consolidation or merger of county school districts and independent school systems within Ployd County; and for other purposes.
Referred to the Committee on Rules.

HR 498. By Messrs. Bedgood and Matthews of Clarke:
A resolution proposing an amendment to the Constitution so as to author ize the General Assembly to provide for the election by the people of the members of the Clarke County Board of Education from election districts within said county; and for other purposes.
Referred to Committee on Rules.

HR 500. By Mr. Dixon of Ware:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Ware County by the people; and for other purposes.
Referred to Committee on Rules.

HR 502. By Messrs. Shea, Funk and Richardson of Chatham:
A resolution proposing an amendment to the Constitution so as to pro vide for the elimination of the duties of certain officers of Chatham County; and for other purposes.
Referred to Committee on Rules.

HR 506. By Messrs. Harris and Mackay of DeKalb: A resolution proposing an amendment to the Constitution so as to pro vide that DeKalb County shall have the authority to levy a tax for the purpose of paying the administrative costs of collecting actual pro rata costs of the construction of lateral sanity sewers from owners of abutting undeveloped property; and for other purposes.
Referred to Committee on Rules.
HR 418. By Messrs. Hull, Fleming and Bell of Richmond: A resolution authorizing the Governor to convey certain easements over State owned property; and for other purposes.
Referred to Committee on Rules.

HR 501. By Mr. Ballard of Newton: A resolution authorizing the expenditure of incidental and other expenses

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JOURNAL OP THE SENATE,

in connection with Fiftieth National Convention of American Association State Highway Officials; and for other purposes.
Referred to Committee on Highways.

HR 605. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A resolution to reactivate the Local Education Commission, to make further investigations and submit plans for the improvement of the edu cational system of Fulton and DeKalb County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 517. By Mr. Carr of Washington: A resolution proposing an amendment to the Constitution so as to author ize the governing authority of Sandersville to levy a tax not to exceed 5 mills for the purpose of creating a fund to be used in assisting, pro moting and encouraging the location of industries in Sandersville and Washington County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 518. By Mr. Carr of Washington: A resolution proposing an amendment to the Constitution so as to create the Washington County Development Authority; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 519. By Mr. Carr of Washington: A resolution proposing an amendment to the Constitution so as to author ize Washington County to levy a tax not to exceed 2 mills for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Washington County; and for other purposes.
Referred to Committee on County and Municipal Governments.
HR 520. By Messrs. Newton and Matthews of Colquitt: A resolution proposing an amendment to the Constitution so as to em power Colquitt County with the authority to participate in group hospitalization insurance policies or contracts, etc.; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1258. By Messrs. House and Laite of Bibb:
A bill to amend an act establishing the City Court of Macon, so as to authorize the Judge to promulgate rules and regulations allowing a de-

WEDNESDAY, FEBRUARY 19, 1964

1007

fendant charged with a traffic violation to appear and dispose of said case; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1259. By Messrs. Abney and Snow of Walker:
A bill to amend the Charter of the City of Rossville, so as to authorize the Mayor and Council to assess, levy and collect an ad valorem tax upon all property within said city; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1260. By Messrs. Dicus, Jones and Pickard of Muscogee:
A bill entitled "An Act to combine the Department of Health of the City of Columbus with the Department of Health of Muscogee County"; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1261. By Mr. Smith of Habersham:
A bill to amend Code Section 24-1801, so as to authorize the ordinaries in counties having a population between 18,110 and 18,120 to hire a clerk whose salary shall be paid from county funds; and for other purposes.
Referred to Committee on County and Municipal Governments.

HR 390. By Messrs. Mitchell and Smith of Whitfield:
A resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court and the Ordinary of Whitfield County, and for other purposes.
Referred to Committee on Judiciary.

HB 1253. By Mr. Beck of Twiggs:
A bill to amend an act establishing a new charter for the City of Jeffersonville, so as to provide for the time of holding municipal elections; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1254. By Mr. Beck of Twiggs:
A bill to amend an act establishing a new charter for the Town of Dan ville, so as to provide for fire districts in said city and fire regulations therein; and for other purposes.
Referred to Committee on County and Municipal Governments.

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JOURNAL OF THE SENATE,

HB 1255. By Mr. McCracken of Jefferson:
A bill to amend an act incorporating the Town of Stapleton, so as to change the date on which the Mayor and councilmen are elected, and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1256. By Mr. Reaves of Brooks:
A bill to amend an act creating a new charter for the City of Quitman, so as to reduce from 5 to 3 the number of city commissioners; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1257. By Messrs. House and Laite of Bibb:
A bill to amend an act establishing the City Court of Macon, so as to provide for the use of microfilm equipment to record court records; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1239. By Mr. Mackay of DeKalb:
A bill to amend Code Section 6-1611 relating to decisions which shall bind the Court of Appeals; and for other purposes.
Referred to Committee on Judiciary.

HB 1246. By Mr. Blair of Sumter:
A bill to amend an Act relating to motor vehicle licenses, so as to pro vide that non-resident vehicles may haul seasonal agricultural products grown in this State upon the payment of a fee on a prorated daily basis; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 1249. By Mr. Baughman of Early:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Early, so as to provide that the Clerk of the Board of County Commissioners shall receive $100.00 per month; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1250. By Messrs. Payton and Blalock of Coweta:
A bill to amend an Act to amend an Act incorporating the Town of Turin, so as to change the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.

WEDNESDAY, FEBRUARY 19, 1964

1009

HB 1251. By Messrs. Payton and Blalock of Coweta:
A bill to amend an Act creating a new charter for the Town of Sharpsburg, in the County of Coweta, so as to change the corporate limits; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1252. By Messrs. Payton and Blalock of Coweta:
A bill to amend an Act incorporating the Town of Turin, so as to author ize the Town of Turin to acquire, operate and maintain a water system and plant; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 689. By Mr. Ponsell of Ware:
A bill to provide for clearance by quit title proceedings of defects in real estate titles; and for other purposes.
Referred to Committee on Judiciary.

HB 895. By Messrs. Cullens of Bartow, Bagby of Paulding, Odom of Dougherty, Floyd of Chattooga and Shea of Chatham and others:
A bill to amend an act providing the manner in which liability insurers may compromise and settle claims of third persons against their insureds, so as to provide that covenants not to sue shall be excluded from the provisions of said act; and for other purposes.
Referred to Committee on Judiciary.

HB 954. By Mr. Ponsell of Ware:
A bill to consolidate the offices of tax collector and tax receiver of Ware County into the one office of Tax Commissioner of Ware County; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1034. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A bill providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees, so as to change the pro visions as to maximum pension benefits; and for other purposes.
Referred to Committee on County and Municipal Governments.

HB 1054. By Messrs. Conner of Jeff Davis and Smith of Camden:
A bill to provide for a Bank Examiner Pension Fund; and for other purposes.
Referred to Committee on Banking and Finance.

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JOURNAL OP THE SENATE,

HB 1141. By Messrs. Brooks and McClelland of Fulton:
A bill to amend an Act providing that certain cities having a population of more than 150,000, shall furnish pensions to officers and employees, so as to provide that an officer or employee may designate certain per sons as beneficiaries; and for other purposes.
Referred to Committee on County and Municipal Governments.

The following bills and resolutions were read the second time:

HB 1224. By Messrs. Smith and Mitchell of Whitfield:
A bill to amend an act incorporating the City of Dalton in the County of Whitfield, so as to fix the hours for which the polls shall remain open in all municipal elections; and for other purposes.

HB 1225. By Messrs. Smith and Mitchell of Whitfield: A bill to amend an act relating to the charter of the City of Dalton, establishing the corporate limits of the City of Dalton and relating to land lots 143 and 162; and for other purposes.
HB 1229. By Messrs. Teague, Flournoy and Wilson of Cobb: A bill to amend an act creating a Commissioner of Roads and Revenues for Cobb County, so as to change the provisions relating to the oath and bond of the commissioner; and for other purposes.
HB 1230. By Messrs. Dicus, Jones and Pickard of Muscogee: A bill to amend the charter of the City of Columbus, so as to change the salary of the mayor; and for other purposes.
HB 1232. By Messrs. McClelland and Brooks 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, so as to provide additional pension benefits; and for other purposes.
HR 439. By Mr. Clarke of Monroe: A resolution to designate the "Maynard Mill Bridge"; and for other purposes.
HB 1143. By Messrs. Ware of Troup and Bedgood of Clarke: A bill to authorize the governing authority of any county or municipality

WEDNESDAY, FEBRUARY 19, 1964

1011

in this State to order the destruction of records with the concurrence of the Secretary of State and the Director of the Dept. of Archives and History and for other purposes.

HB 1215. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, and others:
A bill to amend an Act creating the Legislative Services Committee and the Office of Legislative Counsel, so as to provide for the designation and assignment of space for the Legislative Branch of the Government and the control, authority and jurisdiction thereof; and for other pur poses.

HB 1218. By Mr. Smith of Forsyth:
A bill to create a Board of Commissioners of Roads and Revenues for Forsyth County; to provide for elections and terms of office; and for other purposes.

HB 1223. By Messrs. Brooks, McClelland and Etheridge of Fulton:
A bill to amend an Act providing for the compensation of all profes sionals employed by municipalities having a population of 300,000 or more, so as to fix a minimum salary of all golf professionals employed by such municipalities; and for other purposes.

HB 1068. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an Act authorizing the chartering and empowering of corporations, and amending present corporation laws, so as to provide that the Secretary of State shall accept for file and record only those documents suitable for reproduction; and for other purposes.

HB 1071. By Mr. Mitchell of Whitfield:
A bill to amend an Act authorizing municipalities and counties to pro vide and maintain recreation systems, so as to authorize joint action by municipalities and counties or combination thereof; and for other pur poses.

HB 1076. By Messrs. Mackay of DeKalb, Barber of Jackson, Jones of Muscogee, Harris of DeKalb, Killian of Glynn and Matthews of Clarke:
A bill to create the Georgia Art Commission; to provide for the composi tion of the Commission; and for other purposes.

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JOURNAL OF THE SENATE,

HB 1091. By Messrs. Causby of Gordon and Meeks of Union:
A bill to amend an Act creating the Georgia Historical Commission, so as to increase the membership of the Board of Commissioners; and for other purposes.

HB 697. By Messrs. Bell, Fleming and Hull of Richmond:
A bill to amend code chapter 74-1 entitled, Legitimate Children, so as to provide that all children conceived in wedlock by means of artificial insemination shall be legitimate when the husband and wife consent in writing to the use of artificial insemination; and for other purposes.
HB 859. By Messrs. Scarborough of Crawford, Lee of Dougherty, Mixon of Irwin and Fleming of Richmond:
A bill to repeal an act relating to county tax for roads; and for other purposes.
HB 932. By Messrs. Ware of Troup, Vaughn of Rockdale, Rhodes of Baker, Jones of Worth, Fowler of Douglas:
A bill to amend an Act providing for the giving of security by owners and operators of motor vehicles, so as to change the minimum amount of damages to property or person resulting from an accident, requiring the filing of a report of the accident causing such damages; and for other purposes.
HB 1061. By Messrs. Jones of Worth, Conner of Jeff Davis and Fowler of Douglas:
A bill to amend an Act relating to motor vehicle liability insurance re quirements and uninsured motor vehicle coverage; to provide minimum limits for uninsured motor vehicle coverage, and for other purposes.

HB 730. By Messrs. Keyton of Thomas and Greene of Bartow:
A bill to create within the Department of Public Health a Division of Georgia Water Quality Control for the utilization of the water resources of the State; and for other purposes.
HB 889. By Messrs. Steis of Harris, Floyd of Chattooga and Smith of Whitfield:
A bill to amend an act so as to extend the homestead exemption for dis abled veterans to those veterans suffering from paraplegia or permanent paralysis resulting from multiple sclerosis; and for other purposes.

WEDNESDAY, FEBRUARY 19, 1964

1013

HB 1045. By Mr. Caldwell of Upson:
A bill to amend an act relating to the mode of service of process; and for other purposes.

HB 1180. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act providing for a system of junior colleges in this State, so as to repeal section 4 of said act requiring approval by the Board of Regents prior to the establishment of a junior college or col leges; and for other purposes.

HB 1201. By Messrs. Rhodes of Baker, Clarke of Monroe and others:
A bill to amend an act affecting a complete revision of the laws of this State relating to the qualification and registration of voters, so as to provide residential requirements for voters; and for other purposes.

HB 1206. By Messrs. Hull of Richmond, Towson of Laurens and Lambert of Morgan:
A bill to amend an act relating to the joinder of claims by or against different persons, so as to provide for the joinder of parties plaintiff or defendant in one action where any asserted right pertains to or arises out of the same transaction; and for other purposes.

HB 1233. By Mr. White of Mclntosh:
A bill to incorporate the City of Darien, and to supersede and to repeal the act incorporating the City of Darien; and for other purposes.

HB 1234. By Mr. White of Mclntosh:
A bill to vest in the tax-commissioner of certain counties all the powers and duties of sheriffs in their respective counties; and for other purposes.

HB 1235. By Messrs. Lane and Nessmith of Bulloch:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Bulloch County, so as to change the provisions relating to clerical help; and for other purposes.

HB 1150. By Mr. Houston of Pierce:
A bill to amend an act relating to injuring or interfering with property of communication systems; and for other purposes.

1014

JOURNAL OF THE SENATE,

HR 484. By Messrs. Bell, Fleming and Hull of Richmond:
A resolution authorizing the Governor on behalf of the State of Georgia to the City Council of Augusta an easement for certain purposes; and for other purposes.

HR 453. By Mr. Etheridge of Fulton:
A resolution authorizing the conveyance of a certain tract of land to Atlanta-DeKalb Industrial Park, Inc.; and for other purposes.

HR 494. By Messrs. Stalnaker and Peter son of Houston: A resolution authorizing the conveyance of a certain tract of land located in Houston County to Houston County; and for other purposes.
HR 497. By Messrs. Towson and Knight of Laurens: A resolution authorizing the conveyance of certain property in Laurens County to the Laurens County Board of Education; and for other purposes.
HR 503. By Mr. Underwood of Taylor: A resolution authorizing the conveyance of certain property in Taylor County; and for other purposes.
HB 1208. By Mr. Scarborough of Crawford: A bill to amend an act known as the "Hospital Authorities Act", so as to include "health centers" in the definition of the word "project"; and for other purposes.
HB 1248. By Mr. Cullens of Bartow: A bill to amend an act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commis sion, so as to change the Director of the State Game and Fish Commis sion; and for other purposes.
HR 404. By Messrs. Kirkland of Tattnall, Caldwell of Upson and Fleming of Richmond: A resolution proposing an amendment to the Constitution so as to pro vide that credit for service at Milledgeville State Hospital, or at any prison or detention camp or work camp operated under the jursidiction of the State Board of Corrections which is applicable for the repayment of medical loans and scholarships shall be retroactive; and for other purposes.

WEDNESDAY, FEBRUARY 19, 1964

1015

HR 400. By Messrs. Steis of Harris, Ployd of Chattooga and Smith of Whitfield:
A resolution proposing an amendment to the Constitution so as to extend the homestead exemption for disabled veterans to those veterans suffer ing from paraplegia or permanent paralysis resulting from multiple sclerosis; and for other purposes,

HB 843. By Mr. Rowland of Johnson:
A bill to amend an act known as the "Unemployment Compensation Act", by extending the time for the expenditure of moneys paid into the Unemployment Compensation Fund pursuant to Section 903 of the Fed eral Social Security Act; and for other purposes.

HB 958. By Mr. Rowland of Johnson: A bill to provide an appropriation, pursuant to the provisions of section 9 and 13 of the Employment Security Law, of additional funds which are otherwise available to the Department of Labor of Georgia; and for other purposes.
HB 962. By Mr. Fleming of Richmond: A bill to amend an act relating to the granting of bail for criminal offense; and for other purposes.
HB 955. By Messrs. Etheridge of Fulton and Overby of Hall: A bill to amend an act establishing a State Employees Retirement Sys tem, so as to change the provisions relating to former employees; and for other purposes.
HB 963. By Messrs. Bowen of Toombs, Matthews of Colquitt, Fowler of Treutlen, Simpson of Wheeler and others: A bill to amend an act entitled "Uniform Act regulating Traffic on Highways", so as to change the maximum speed limit of trucks, and truck-tractors and trailers; and for other purposes.
HB 1039. By Messrs. McClelland of Etheridge and Brooks of Fulton: 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, so as to make the provisions applicable to incorporated towns or incorporated cities; and for other purposes.

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JOURNAL OF THE SENATE,

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, submit ted the following report:

Mr. President:

Your Committee on Rules had had under consideration the following bills and resolutions of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
HB 1030. Do pass by substitute. HR 457. Do pass. HR 397. Do pass. SB 358. Do pass. HB 995. Do pass. HB 703. Do pass. HB 1080. Do pass. HR 473. Do pass. HR 484. Do pass. HR 404. 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 had had under consideration the following bills and resolutions of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:

SB 354. Do pass.

HR 439. Do pass. HB 1003. Do pass.

HR 422. Do pass. HR 454. Do pass.

Respectfully submitted,

Knox of 24th District,

Chairman.

WEDNESDAY, FEBRUARY 19, 1964

1017

'-:

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 had had under consid eration 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:
SB 359. Do pass as amended. HB 1188. Do pass. HB 1189. Do pass. HB 1190. Do pass. HB 1193. Do pass. HB 1195. Do pass. HB 1196. Do pass by substitute. HB 1197. Do pass. HB 1198. Do pass. HB 1199. Do pass. HB 1200. Do pass. HB 1202. Do pass as amended. HB 413. Do pass. HB 412. Do pass. HB 1203. Do pass as amended. HB 1204. Do pass. HB 1205. Do pass. HB 1209. Do pass. HB 1211. Do pass. HB 1216. Do pass. HB 1210. Do pass as amended. HB 1224. Do pass. HB 1225. Do pass. HB 1227. Do pass as amended. HB 934. Do pass as amended.

Respectfully submitted, Brown of 34th District, Chairman.

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JOURNAL OF THE SENATE,

Mr. Gillis of the 20th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. President:

Your Committee on Appropriations had 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 1081. Do pass.
Respectfully submitted,
Gillis of 20th 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 had 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 984. Do pass as amended. Respectfully submitted, Carter of 14th District, Chairman.

Mr. Smalley of the 28th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary had 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 855. Do pass as amended. HB 696. Do pass. HB 991. Do pass. HB 884. Do pass. HB 919. Do pass. HB 930. Do pass.

WEDNESDAY, FEBRUARY 19, 1964

1019

HB 1085. Do Pass. HB 989. 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 had had under consideration the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
SB 206. Do pass by substitute. 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 had 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 1206. Do pass. HB 697. Do pass. HB 1045. 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 had had under consideration the following bills

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JOURNAL OF THE SENATE,

of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 670. Do pass by substitute. HB 1100. Do pass as amended.
Respectfully submitted, Smalley of 28th 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 359. By Senators Fuqua of the 22nd and Scott of the 23rd: A bill to amend an act entitled "An Act to regulate public instruction in the County of Richmond", approved August 23, 1872 (Ga. Laws 1872, p. 456), as amended, so as to change the terms of office of the President and Vice-President; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend SB 359 by inserting in the title after the words "United States" the following: "to relieve the members of the Board of Education from fiscal liability for deficit spending under certain circumstances"; and
By striking from Section 3 the word "written"; and
By renumbering Sections 4 and 5 as Sections 5 and 6; and
By inserting following Section 3 a new Section 4 to read as follows:
"Section 4. Said Act is further amended by adding at the end of Subsection (h) of Section 7 the following:
'Provided, however, no such member shall be liable as provided above unless the deficit for any one year shall exceed $200,000.00 or the deficit shall not be included as a part of the following year's budget.'"
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, was agreed to as amended.

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1021

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 1202. By Mr. Bagby of Paulding: A bill to provide the compensation for the tax commissioner in counties having a population of not less than 13,100 and not more than 13,150; and for other purposes.
The Committee on County and Municipal Governments offered the following amendment:
Amend HB 1202 by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. This Act shall become effective January 1, 1965."
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 31, nays 0.

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

HB 1203. By Mr. Bagby of Paulding:
A bill to place the clerk of the Superior Court, the sheriff and the ordi nary in counties having a population of not less than 13,100 and not more than 13,150, on a salary basis in lieu of a fee basis; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 1203 by adding in the title after the words "the Sheriff", the words ", the Coroner".

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By adding in Section 1 after the words "the Sheriff", the words ", the Coroner".

By adding a new Section to be known as Section 4A to read as follows:

"Section 4A. The Coroner shall receive an annual salary of six hundred dollars ($600.00), payable in equal monthly installments from the funds of such County."

By striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows:

"Section 11. This Act shall become effective January 1, 1965."

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 31, nays 0.

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

HB 1210. By Messrs. Snow and Abney of Walker:
A bill to create the Walker County Development Authority; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 1210 by striking from Section 4 the second and third sentences, which read as follows:
"In appointing the members from the county at large, considera tion shall be given to the appointment of one person who is a mem ber of the Fairyland Protection Association. Each member shall be twenty-one years of age, a resident of Walker County for at least two years immediately prior to his appointment, and a qualified elector registered to vote for members of the General Assembly from Walker County.",

WEDNESDAY, FEBRUARY 19, 1964

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and substituting in lieu thereof the following:

"Each member shall be twenty-one years of age."

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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 934. By Mr. Stalnaker of Houston:
A resolution to amend an act incorporating the City of Centerville, so as to extend the corporate limits; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 934 by striking from Section 2A, which Section is quoted in Section 1 of said bill, Subsection (a) and Subsection (c) in their entirety; and
By striking from Subsection (b) the following: "(b)".

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 31, nays 0.

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

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HB 1023. By Messrs. Harris and Mackay of DeKalb:
A bill to prescribe the duties of the sheriffs in counties having a popula tion of 250,000 and not more than 500,000; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 1023 by striking Section 2 in its entirety and renumber ing Section 3 thereof as Section 2.

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 31, nays 0.

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

HB 1189. By Messrs. Moore and Dean of Polk:
A bill to amend an act placing certain officers of Polk County on a salary basis, so as to change the salary of the ordinary of Polk County; and for other purposes.

Senator Moore of the 31st offered the following amendment:
Amend HB 1189 by adding to the caption thereof between the words "the sheriff" and "to repeal" the words "to provide the effective date;" and by striking the second paragraph of Subsection (c) of Section 2 and inserting in lieu thereof a new paragraph to read:
"In addition to the salary provided for above the sheriff shall receive two vehicles to be furnished by the county, ownership of, said vehicles to be vested in Polk County and new vehicles to be furnished at intervals not exceeding two years to be used by him for the busi ness of his office. All expenses of such vehicles shall be paid directly from the governing authority of Polk County to the person or per sons entitled thereto upon proper voucher signed by the sheriff and submitted to the governing authority, within the limits of the budgets hereinafter provided for".

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On the adoption of the amendment, the ayes were 28, nays 0, and the amendment was adopted.

Senator Moore of the 31st offered the following amendment:
Amend HB 1189 by adding after the second word in the last para graph of Section 2 the words and symbols:
"Exclusive of the two provided for in Subsection (c)," and by re-numbering Section 3 as Section 4 and adding a new Section 3 to read:
"The effective date of this Act shall be January 1, 1965."

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, was agreed to as amended.

On the passage of the bill, the ayes were 30, nays 0.

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

HB 1196. By Mr. Stuckey of Dodge:
A bill to amend, revise, and supersede the act incorporating the Town of Empire; to create a new charter; to change the name from Town of Empire to City of Empire; and for other purposes.

The Committee on County and Municipal Governments offered the following substitute:
A BILL
TO BE ENTITLED
An Act to amend, revise and supersede the Act incorporating the Town of Empire; to create a new charter for said corporation; to change the name from the "Town of Empire" to the "City of Empire"; to pre scribe and define the corporate limits thereof; to provide a municipal government for said city; to declare the rights, powers, privileges and

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liabilities of said city; to provide for the election of mayor and councilmen of said city; to declare and define the duties and powers of the officers of said city; to provide for the qualifications and registrations of voters in said city; to provide for the qualifications of certain officials; to provide for the filling of vacancies in the offices of the mayor and counciknen; to provide for police court in said city and the procedure connected with such court; to provide that the mayor and council shall have the authority to remove or abate all nuisances; to provide for taxa tion by said city and the procedure connected therewith; to provide that said city shall have full power and authority to license, regulate, control, or prohibit any and all businesses and the procedure connected therewith; to provide said city shall have full power and authority in their discre tion, to grade, pave, or otherwise improve for travel and drainage the streets, sidewalks, public lanes and alleys of said city; to provide that said city shall have full power and authority to furnish water, gas, heat and other public utility services for the public use of said city and for private use and to charge therefor; to provide that said city shall have full power and authority to regulate and enforce the collections of and insure payment of charges for supplying said utilities; to authorize said city to enact any and all ordinances, rules and regulations necessary to lay out and prescribe a fire district in said city; to provide that said city shall have the power and authority to pass zoning regulations; to provide for a zoning commission; to provide that said city shall be authorized to adopt any Act of the General Assembly conferring planning and zoning powers upon municipalities; to provide that said city shall have power and authority to condemn private property for any public purpose; to provide that the council of said city shall have power and authority to contract debts and issue bonds of said city as a valid obligation thereof; to provide that the mayor and council of said city shall be authorized and empowered to adopt ordinances and regulations as they may deem proper; to provide for the creation and the election of a board of health in said city and to prescribe its powers and duties; to regulate and pro hibit the keeping of explosive and other dangerous substances in said city; to regulate the construction of building to be erected in said city; to establish, equip and maintain a police department; to provide that said city shall have the power of eminent domain; to provide that said city shall be authorized to own and operate housing authorities; to provide that the enumeration of powers contained in this Act shall not be considered as restrictive; to provide that said city may undertake and carry out slum clearance and redevelopment work; to provide for the disposing of any public utility that might be owned by said city; to provide for a referendum; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That from and after the passage of this Act the inhabit ants of the territory now embraced in the territory known as the "Town of Empire" in the County of Dodge, hereinafter described, be and they are hereby continued and incorporated under the name and style of the "City of Empire" and by that name shall be and are hereby vested with all the rights, powers and privileges incident to municipal corporations in this State.
Section 2. Be it further enacted that the corporate limits of said

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City shall be as follows: One-half of one mile in all directions from the center of the crossing of the Southern Railway Company's tracks and the old Wrightsville and Tennille Railroad bed, now known as Georgia High way No. 257, making said corporate limits a circle one mile in diameter with the center of the intersection of said railroad tracks and Georgia Highway No. 257 as the beginning point, except that no portion within said circle shall include any area or territory located or situated within the County of Bleckley.

Section 3. Said city shall have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations of this State. All property rights and easements within or without the corporate limits of said city shall be and remain in said City of Empire as created by this Act, and said city may in its corporate name sue or be sued, plead and be impleaded, have and use a common seal, make and enact through its mayor and council such ordinances, bylaws, rules and regulations for the transaction of its business and the welfare and proper government of said city as may seem best, pursuant to this charter, and not in conflict with the Constitution of the United States, the Constitution of the State of Georgia, or the laws hereof. Said city shall have the right and power to purchase, hold, rent, lease, sell or exchange any property, real or personal, within or without the limits of said city and for corporate purposes, and shall succeed to all the rights of and is hereby made responsible as a body corporate for all legal debts, liabilities and undertakings of said City of Empire and its mayor and council as heretofore incorporated.

Section 4. The municipal government of the City of Empire shall consist of and shall be vested in a mayor and four councilmen. Said mayor and councilmen shall have full power and authority to make and establish rules, laws, ordinances, regulations and orders as to them may seem proper respecting drainage, bridges, streets, sidewalks, railroad crossings, automobiles, and vehicles of every character, livery or sales stables, airships, warehouses, sleeping apartments, hotels, motels, restau rants, cafes, opera houses, theatres, picture shows, all kinds of shows and circuses, and all other places of amusement, storehouses, markets, garages, shops, mills, ginneries, factories, barbershops, soda founts, tele graph, telephone, and electric and gas companies, filling stations, busi ness establishments, common carriers, all sales and displays in said city and all other matters and things whatsoever that may be by them con sidered necessary, proper or incident to good government of said city, and to the peace, security, health, protection or convenience of the in habitants thereof, and for the preservation of peace and good order; and said mayor and council shall have full power and authority to pass all laws and ordinances necessary to preserve order, suppress crime and immorality in said city, not in conflict with the Constitution and laws of the United States or the State of Georgia, and to prescribe punishment for the commission of different acts of crime and violations of said ordinances. This enumeration of powers shall not be construed as re stricted to said powers alone, but shall include all and every ,qther thing and act necessary or incident to municipal government and shall not con flict with any special power or authority given said government by this Act, but shall be construed as in addition to and in aid of such powers.

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Section 5. The city council at their first regular meeting in each calendar year, or as soon as convenient thereafter, shall elect a council member as mayor pro tern., whose duties shall be to perform all the duties of mayor in case of death, absence, resignation, disqualification or disability of the regularly elected and qualified mayor as provided for herein. That in case of vacancy in the office of the mayor, the mayor pro tern, shall perform all the duties pertaining to the office of mayor until a new mayor is appointed. The mayor pro tern, when so acting shall be known as "Acting Mayor."

Section 6. The mayor or mayor pro tem. and three councilmen shall constitute a quorum for the transaction of any business before the body; and a majority of the votes cast shall determine questions before them.

Section 7. In the event of a vacancy in the office of mayor, by death, resignation, removal or otherwise, said vacancy may be filled by the councilmen, and the person so selected shall be duly qualified to fill such vacancy. In the event of a vacancy in any office of the council, whether by death, resignation, removal or otherwise, said vacancy or vacancies shall be filled by appointment and selection by the mayor and remaining councilmen and the person so elected shall be duly qualified to fill such vacancy.
Section 8. Any citizen of Empire shall be eligible for the office of mayor, or council member who has resided in said State for two (2) years and in said city six (6) months immediately preceding the election. He or she must be over twenty-one (21) years of age and must reside within the corporate limits of said city when he becomes a candidate for office, and remain a citizen during his term of office.

Section 9. On the second Monday in June 1964, there shall be elected the first mayor and councilmen for said city, said council to consist of four members to serve two years, commencing on the first day of Janu ary next after their election, and until their successors are elected and qualified as herein provided. An election for mayor and four councilmen shall be held biennially thereafter on the second Monday in June to serve two years, commencing on the first day of January next after their elec tion, and until their successors are elected and qualified as herein pro vided. Before entering upon their duties, the mayor and councilmen shall severally take, before some officer authorized to administer oaths under the laws of Georgia, the following oath of office, to-wit:
"I do solemnly swear, or affirm, that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor; so help me God."
Said mayor and council shall hold monthly meetings, and may hold spe cial or called meetings, as the business of the city may require, and pass ordinances at said called meetings, provided notice is given to all mem bers of council of the time of said meeting.
Section 10. All elections of officers under this charter, and all elec tions in which any subject or question is submitted to the qualified voters

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1029

of said city, shall be managed by any three registered voters, who are citizens of said city. Said managers before entering on their duties shall take and subscribe before some officer authorized to administer oaths, or before each other, the following oath:

"That each of us do swear that we will faithfully arid impartially conduct this election, and not prevent anyone from voting who is entitled to do so according to law, and prevent all illegal voting, to the best of our skill and power, so help us God."

Said elections shall be held under the general election laws of this State. The polls shall be opened at 7:00 o'clock a.m. and closed at 6:00 o'clock p.m. The managers of all elections held under this charter shall be appointed by the mayor and council and shall be paid the sum of $5.00 per day, each, out of the general funds in the treasury for their services, and they shall be allowed not exceeding three clerks, who shall be paid a like sum. A majority of the votes cast shall be necessary to elect any officer or to carry any issue submitted to the voters of said city, and the results shall be immediately declared by the election managers after counting all ballots cast on the day of such election.
In the event no candidate for the office of mayor or councilmen shall receive a majority of the votes cast in such election, then the clerk of the city shall call a special election to be held within ten (10) days from the date of the original election, and the two persons receiving the highest number of votes for each office shall be required to enter a run-off, and the person receiving the highest number of votes in such run-off shall be deemed to be elected to the position for which he was a candidate.

Section 11. The city council shall have the power and authority to call a special election for the purpose of filling any vacancy caused for any reason in any office for which the holder thereof is elected by the voters of said city. Said special election should be held as soon as practi cable, and not less than twenty (20) days from the date of the vacancy, notice of the time of the special election shall be published once in a local newspaper, if there be one, and said special election to be held under the same rules and regulations as general elections.

Section 12. It shall be the duty of the city clerk to keep open each and every day of the week (except Sundays and legal holidays) until 20 days prior to any regular or special election of said city, a registration book for the registration of qualified voters who have resided in said city for 30 days prior to such election, when said registration book shall be closed until the holding of such election. Immediately after each election the registration book shall again be opened and shall be kept open until 20 days before the next general or special election is held. No person shall be permitted to register after the closing of said book until after such election shall have been held. Said clerk shall, after closing the book, turn over said registration book to the registrars appointed by the mayor and council, who shall meet and make up from said book a list of qualified voters from said city, who are qualified to vote in such election. The registrars shall exclude all persons not qualified to vote for members of the General Assembly of the State, and shall make a voters list from said book of all persons qualified to vote according to the laws of Geor-

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gia, and shall complete their work on such voters' list not later than five days prior to such election and certify said list to be true and correct and deliver same to the clerk of said city who shall deliver same to election managers so selected to hold such election by 7:00 o'clock a.m. on the morning of such election, and no person shall be permitted to vote in such election unless his or her name appears on said registration list or unless such voter shall produce a certificate signed by the registrars that his or her name was omitted from said voters' list by mistake or accident. Pro vided that all persons shall have the right to appeal from the decision of the board of registrars within five days to the mayor and council after their names were stricken from said voters' list, and provided further that all persons whose names are so stricken from said voters' list be served with notice, in person by the city marshal or police, or by leaving same at the residence of said person, at least five days before the com pletion of said voters' list.

Section 13. The mayor and council shall select and appoint three registrars who shall be qualified voters in said city. It shall be their duty to prepare a list of the registered and qualified voters of said city and furnish same to the clerks as heretofore provided. Such registrars shall take and prescribe an oath to faithfully and impartially to perform the duties devolving upon them as registrars; said oath to be taken before an officer authorized to administer oaths, or before each other. They shall be paid the sum of $5.00 each, and not exceeding three clerks, who shall be paid a like sum out of the general funds of the treasury, for their services in compiling said registration list. They shall hold office for such terms as said mayor and council may provide.

Section 14. The mayor and council shall elect a city clerk and treasurer, a marshal or police, a city attorney, and such officers as the mayor and council shall deem necessary for the government of said city. Each of said officers shall take oaths, perform such duties, and when required, to give such bonds as the mayor and council may prescribe; provided, that all bonds of officers shall be payable to the City of Em pire. Said mayor and council may by ordinance provide such salary or compensation of any officer or employee of said city to be paid out of the general funds by check drawn by the city clerk and countersigned by the mayor or mayor pro tern., after the mayor and councilmen have
allowed the same.

The mayor shall receive a salary not to exceed $60.00 per annum; the councilmen shall receive a salary of not more than $12.00 per annum.
Section 15. All persons owning property in the City of Empire shall be required to make a return under oath, annually, to the board of tax assessors of said city, of all their property, real and personal, subject to taxation by said city, as of January 1st of each year; and the books for recording same shall be opened on January 1st and closed on June 1st of each year. Said property shall be returned by the property owner on blanks furnished for that purpose, at the fair market value thereof.
Section 16. The mayor and council of said city shall appoint annually, on or before their first regular meeting in March, three freeholders re siding in said city, as a board of tax assessors to said city, and shall pay

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said tax assessors $5.00 per day each, for each day actually spent in the performance of their duties. Vacancies on said board may be filled by the mayor and council as they occur. Before entering upon the discharge of their duties, each assessor shall be sworn to faithfully and impartially perform the duties of said office. It shall be their duty to assess the value of real estate and personal property subject to taxation by said city at its fair market value; and to examine the tax returns filed by the property owners of said city with the city clerk, and to increase the valuation of any real or personal property when in their judgment the value placed thereon in any return filed with the city clerk is too small. If any person, firm or corporation fails to make return of any of his, her, or its real estate or personal property as herein required, by the first day of June in any year, said tax assessors may assess such property of the person, firm or corporation failing to make such return, at the fair mar ket value thereof, and in addition assess a penalty thereon of 10% of the amount of the tax. Said board of tax assessors shall complete their work within 30 days after the close of the books for receiving returns by the city clerk, unless additional time is granted by the mayor and council. Upon completion of their work, said assessors shall appoint a time and a place for the hearing of objections to their assessments, and shall give notice to all persons whose property valuation has been raised or penal ized five days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said city shall be served by mailing notice to them five days before said hearing and non residents shall be given notice by mail at their known address.

Section 17. The board of tax assessors of the City of Empire may, subject to the approval of the governing authorities of said municipality, enter into contracts with firms, individuals or corporations for the em ployment of such persons to assist the said board in the mapping, plat ting, cataloging, indexing and appraising of taxable properties in the municipality, and to make, subject to the approval of such board of assessors, re-evaluations of taxable property and to search out and appraise unreturned properties in such municipality or to purchase such information from any county or political subdivision of the State of Georgia. The expense of such employees in said work shall be paid, sub ject to the contracts, first being approved by the municipality governing authority, out of the treasury of the City of Empire as a part of the expenses of the said board.
Section 18. Any person dissatisfied with the assessment made on any of his property under the provisions of this charter shall have the right to appeal from the same to the mayor and council of said city, provided, said appeal be filed in writing with the clerk of said city with in five days after the hearing before said assessors, setting forth dis tinctly the items of property whose valuation has been raised, the amount at which the same has been assessed, and the fair market value as claimed by the appellant. Said appeal shall be heard by said mayor and council at their next regular meeting, unless continued for cause, and their decision shall be final. The mayor and council of said city shall have power and authority, after notice and opportunity for the tax as sessor to be heard, to raise the valuation of any property, real or per sonal, of any tax assessors, if in their opinion it is returned and assessed below its fair market value.

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Section 19. The tax book so made up by said board of tax assessors shall be filed by them in the office of the clerk of said city when com pleted, and remain open for the payment of taxes due said city every day in the week (except Sundays and legal holidays) and shall be closed on December 20th each year. At such time, tax executions may be issued by said city clerk for all unpaid taxes as of that date, against the person, firm or corporation owing said tax. All tax executions shall bear teste in the name of the mayor or mayor pro tern, of said city and be signed by the clerk. The marshal or other police officer of said city shall have authority to execute the same by levy and sale in the same manner as sheriffs' sales of real estate, and constables' sales of personal property under the laws of this State for State and county taxes. In case of the sale of real estate the owner shall have the privilege of redeeming same upon the same terms as provided by law for redemption of the sale of lands for non-payment of State and county taxes under the laws of Georgia. The city clerk shall keep an execution docket and shall enter thereon all executions, giving the date, amount of each, and to whom delivered, and all proceedings thereunder. Said executions shall be re turned to the office of said clerk after being satisfied. All sales and conveyances made under executions, as provided in this Section, shall have the force and effect of sales and conveyances made by sheriffs and constables of this State, and the officer making the sale shall have the same power as sheriffs and constables to put purchasers in possession of property sold by them under the laws of this State.

Section 20. The mayor and councilmen of the City of Empire shall have the right, power and authority to assess, levy and collect a tax upon all property, real and personal, within the corporate limits of said city, not to exceed one mill ad valorem, for the support and maintenance of the government of the City of Empire, and for the retirement of any bonds for said city. In case of extraordinary emergency, the mayor and councilmen shall have power and authority to increase said tax rate one-half mill ad valorem, on all property, both real and personal, in the corporate limits of the City of Empire. The tax rate of one and onehalf mills ad valorem on all property, both real and personal, in the corporate limits of the City of Empire shall not be increased unless first approved by a majority vote of the electors of said City of Empire at a special referendum called for the purpose of raising or increasing the ad valorem tax rate of the City of Empire. In the event of failure to receive a majority vote of the electorate of the City of Empire, no special referendum to raise or increase the tax rate of the City of Em pire shall again be called until the expiration of two years.

Section 21. The mayor and council shall have the authority to re quire any person, firm or corporation, whether resident or non-resident
of said city, engaged in or carrying on, or who may engage in or carry on any trade, business, calling, vocation or profession within the cor porate limits of said city, by themselves, or agents, to register their names and business, callings, vocations, or professions, annually, and to require them to pay a license to engage in, prosecute or carry on such business, calling, vocation or profession in such amount as said mayor and council may by ordinance prescribe and may provide by ordinance for the punishment of all persons, firms or corporations required by ordinance to pay such occupation tax or license, who engage in, or offer to engage in such business, occupation or profession before registering

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1033

and paying such tax or license, or who fail to comply in full with all the requirements of such ordinances.
The mayor and council shall have the power to assess, levy and collect a specific or occupation tax upon all businesses, occupations, professions or trades, public or private, exercised within the city that they may deem just and proper; to fix and collect a license upon theatri cal exhibitions, circuses and shows of all kinds, upon drays, hacks, hotels, motels, boarding houses, restaurants, markets, stores, fish stands, bil liard rooms and other kinds of tables, tenpin alleys, bowling alleys, butcher shops, garages, drug stores, and upon all other classes or kinds of business, legitimately coming within the police power of said City of Empire as may be just and reasonable, and to fix and collect a specific or occupation tax upon the agency of any railroad express, tele graph or telephone or electric light company, or other similar corpora tion. The taxing power of the city, except as limited by the law, shall be as general and full and complete as that of the State itself.

Section 22. The City of Empire is authorized to own and operate or lease a system of water works for supplying water for all purposes for all persons resident therein, and to other persons provided for herein; they shall have the power and authority to purchase, maintain, equip, repair and extend such system of waterworks, sewerage, gas systems, all or any of them and shall have full power to do any and all things necessary for these purposes; to contract with persons, firms and corporations for the purchase of land to be used in connection therewith, whether within or without the limits of the City of Empire, whether said land or easements be within or without said city, and, if necessary, to condemn the same herein provided according to the laws of Georgia; they shall have the power to purchase water tanks, valves, drains, mains, pipes, plants and machinery and all articles and things necessary or ad visable for the establishment, equipment, and extension or enlarging and in any way improving such water system, sewer or gas system, to bore wells, erect or build plants, houses, sheds or other structures and furnish the same, and to make contracts with the residents or non residents of said city, or other municipalities or companies for furnish ing water, gas, sewerage, or any or all such services, at such rates and under such rules and regulations as the mayor and council may provide. Said mayor and council shall also have the power to contract with any person, firm or corporation to light the streets of said city, or the fur nishing of any or all of the above described services to such consumers as previously described, under such terms, rules, regulations, conditions and limitations as they may prescribe, and such contracts shall be enforceable in the courts of the State. Said mayor and council shall have authority to fix a scale of rates for such services, make and enforce rules for collection of taxes; adopt rules and regulations with the introduction of water, sewerage, gas, into or upon any premises, and regulate the use of such services in the manner deemed proper; and shall have power to furnish, place or compel the use of meters, and prescribe the kind, make and use of same on the condition of furnishing such services, and through their agents or servants to inspect all pipes, meters and other apparatus at any time, any may require payment in advance for use or rent of water, sewerage, gas, or other services so furnished by the city. For non-payment, when due, they may discontinue to furnish such services. Collection for any or all such services may be

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enforced by issuance of execution, levy and sale, as provided for col lection of city tax.

Section 23. The mayor and council shall have power and authority to enforce by execution the collection of any debt or claim due said city for taxes, sewer rents, water, lights, paving, licenses, rents, fines and forfeitures, laying water or sewer mains or drains, for abating nuisances and for all levies, assessments, debts and demands due said city. Said execution shall be made in the name of the mayor or mayor pro tern. and directed to the marshal or police of said city, who is authorized to levy and conduct sales in accordance with the laws governing sheriffs' sales, and to be held at the usual place of holding sheriffs' sales, and shall be as effective to pass the title as the deed of the person against whom the execution issued. Said city may buy property sold under execution under the same terms and provisions as is provided in the purchases by counties and the State of Georgia in tax sales.

Section 24. The City of Empire shall have a police court. This court shall have jurisdiction over all violations of the ordinances or resolutions of the mayor and council whether they shall have the mayor as presiding officer of this court or whether they will elect a recorder and make him the presiding officer of the court. Power and authority is hereby given to the mayor and council to elect a recorder for such duty if they desire. The presiding officer of the police court shall have jurisdiction and authority to try all offenders against the laws and ordinances of the City of Empire, and to punish for violations of same. Said court shall have power to enforce its judgments by the imposition of penalties as may be provided by law; to punish witnesses for nonattendance; and also to punish by imposing fines for violations of any law or ordinance of the City of Empire, passed in accordance with its charter, to an amount not exceeding one hundred dollars, or to im prison offenders in the common jail for a period of not more than ninety days, or sentence such violators to labor on the streets or other public works of the city, either or all, in the discretion of the court. The pre siding officer of the police court shall have power to preserve order in the court, compel attendance of witnesses, compel the production of books and papers to be used as evidence, and to punish for contempt; provided said punishment shall not exceed twenty-five dollars, or im prisonment in the common jail for more than ten days or not more than ten days labor on the streets or public works.

The recorder, the mayor, the mayor pro tern., or any member of council, presiding in the absence of the above named officers, when any person is arraigned before the police court charged with the violation of any ordinance of said city, may for good cause shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused shall be required to give bond and security for his ap pearance, at the time appointed for trial, or be imprisoned to await trial. If such bond be given and the accused fails to appear at the time fixed for trial, the bond may be forfeited by the presiding officer and an execution issued thereon by serving the defendant, if to be found, and his sureties, with a rule nisi, at least two days before the hearing of the said rule nisi. The presiding officer shall also have power and authority to accept cash in lieu of bond and security for the appearance

WEDNESDAY, FEBRUARY 19, 1964

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of offenders for trial, and if such offender shall fail to appear at the time and place fixed for said trial, the cash so deposited shall be by order of the officer presiding declared forfeited to the City of Empire.

Section 25. Any person convicted before the presiding officer of the police court of the City of Empire shall have the right to certiorari to the Superior Court of Dodge County, Georgia, provided all costs are first paid and bond and securities given in double the amount of the fine imposed, to answer the final judgment rendered in the case; and provided further nothing in this Section shall prevent the defendant to file the usual pauper affidavit in lieu of either giving bond and security and the payment of costs, and provided further the appellant failing to give bond and security may, in the discretion of the presiding officer in said police court, be placed in the common jail of said county to await the final judgment of the appeal herein provided for. Nothing in this Section shall be construed to prevent any person convicted of a violation of any ordinance of said city before said police court from certioraring the proceedings directly to the superior court in all cases where certiorari will lie from the judgment of the justice of the peace in civil actions under the rules of law governing such cases.

Section 26. The mayor or recorder, whichever presides in police court, shall be to all intents and purposes a justice of the peace so as to enable him to issue warrants of offenses committed within the cor porate limits of said city, which warrant may be executed by the city marshal or policeman of said city anywhere within the limits of this State, against any person charged with violations of laws and ordinances of said city, or the laws of this State to the same extent as sheriffs of this State. In the absence of the mayor, mayor pro tern, or recorder, any member of council may preside in police court, try any person for viola tion of the ordinances of said city, and impose punishment within the limits prescribed by laws and ordinances of said city, and also may act as justice of peace in issuing warrants as provided herein against per sons charged with the violation of any ordinance of said city, or the laws of this State. The city marshal or policeman may take bonds for the appearance of any person arrested by them for appearance before the police court for trial, and all such bonds may be forfeited as herein after provided for forfeitures of appearance bonds by the mayor, mayor pro tern., recorder, or any member of the the council presiding at the police court in the absence of either of the above named officials.

The mayor shall be authorized to preside over the police court in the event no recorder is appointed by the mayor and council. In the event a recorder is appointed by the mayor and council, then in the absence of such recorder the mayor shall preside over the police court, and in the absence of the recorder and the mayor, then the mayor pro tern, shall serve. In the absence of the recorder, the mayor, and the mayor pro tern., any member of council shall be authorized to preside over and conduct the police court of the City of Empire.
Section 27. The mayor and council shall have the power to pass all laws and ordinances that they deem necessary for the good order, peace, health and comfort of the citizens of said city, and to prevent idleness and loitering, and to suppress lewdness, gambling, disorderly

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conduct, and to regulate the storing of all combustible or explosive ma terial or substances, and to prevent the firing of guns, pistols and other firearms within the limits of said city, except in defense of person or habitation, or the destruction of mad dogs or other public enemies.

The mayor and council shall have the power to prevent livestock and other animals from running at large in said city, and to enforce same may enact ordinances to prevent keeping of hogs, poultry and other farm animals within the limits of said city, except those areas having farm acreage within the city limits shall not be affected by any ordinance preventing the keeping of livestock.

The mayor and council shall have authority to regulate any railroad company running railroads through said city, or any portion of it, to make and repair grade crossings on their several railroads in accordance with the general law of the State.

Section 28. The mayor and council of the City of Empire shall have full control over the streets, sidewalks, alleys and lanes of said city, and shall have full power and authority to regulate, widen, change, lay out, close, vacate, direct and control the same, and the grading of the same, and to condemn property for such purposes under the general laws of this State. They shall also have power to remove or cause to be removed, any building, post, steps, fence or other obstructions or nuis ances in the public streets, lanes, alleys, sidewalks or public squares of said city. They shall also have the power to regulate the use of the streets, sidewalks, and public places of said city; and where any tele graph, telephone or power poles have previously been erected and inter fere with traffic in any manner, to remove same to any reasonable location designated by said mayor and council.

Section 29. The mayor and council shall have the power to im prove any streets, sidewalks, parks or other public place in said city by grading, paving, repaving, curbing, guttering, macadamizing and draining the same, and with such other form of improvement as to them may seem proper, including the installation of manholes, catchbasins, and drainage pipes and to assess the cost of the same in the manner hereinafter set forth.
Section 30. Two-thirds of the total cost of grading, paving, repaving or improving a street or sidewalk or any portion thereof in said city shall be assessed against the owners of the property abutting on said street or sidewalk or portion thereof so graded or paved, repaved or improved or re-improved, and the other one-third of such cost shall be paid by said city. All real estate owned by any other subdivision or political unit of this State shall be subject to assessment for street or sidewalk improvements. The mayor and council shall have authority to enact ordinances and regulations for the purpose of paving, repaving, improving and re-improving of streets and sidewalks, curbs and gutters, and drains and manholes; also to provide for the manner of assessments and the procedure to enforce same.
Section 31. The mayor and council shall have power to condemn property for the purpose of laying out new streets and alleys and for

WEDNESDAY, FEBRUARY 19, 1964

1037

widening, straightening and grading, or in any way changing the street lines and sidewalks of said city, whether the lands to be condemned is in the hands of owner, trustee, administrator, guardian or agent in the manner provided by Section 36-301 and 36-307, inclusive, of the Georgia Code, and all Acts amendatory thereof.

Section 32. The mayor and council shall be vested with full au thority to condemn property within or without the limits of said city necessary for public purposes, in accordance with the method of pro cedure of condemnation of property provided by the laws of Georgia. Provided, however, that the power to condemn property conferred hereunder shall not extend to such property of any public utility which the utlity could have acquired under its power to condemn.

Section 33. The mayor and council shall have power to control and regulate the running and operation of all automobiles, trucks, busses, locomotives, trains and all vehicles of every kind, including airplanes, and the manner of their operations, for the safety of persons and prop erty within the limits of said city, as to speed or otherwise, and to provide for the punishment of violation of such ordinances, and to adopt ordinances for these purposes.

Section 34. The mayor and council shall have the authority to pass and enforce zoning laws and districts and planning laws with respect to said city, and shall have power to regulate the use for which said zones or districts may be set apart, fixed and established, as the mayor and council may deem best suited in the interest of the public health, safety, comfort, prosperity and general welfare of the inhabitants of said city.

Section 35. The mayor and council shall have the right to grant franchises, easements and rights-of-way over, in, under, and on the public streets, parks, or other public places on such terms and for such time as they deem best.

Section 36. The mayor and council may provide by ordinance for a board of health to consist of such numbers to hold office such length of time, and to have such powers and duties as they may provide.

Section 37. The mayor and council of said city are empowered to provide by ordinance for the regulation of public meetings and public speakings in the streets and public squares of said city.

Section 38. The mayor and council may by ordinance declare what shall constitute a nuisance in said city and provide for the abatement of same.

Section 39. The City of Empire shall obtain all necessary equip ment and buildings necessary for adequate protection for all property within said corporate limits as soon as practical after the passage of this Act, and the mayor and council shall adopt rules and regulations of the said Empire Fire Department as will best promote the object and purpose of protecting property from fires.

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Section 40. The mayor and council are hereby empowered and given full authority to acquire, own, or lease lands or any interest in same, either within or without the limits of the city, for any legitimate municipal purpose. All lands owned or leased hereunder shall have police jurisdiction over same by the police force of the City of Empire.

Section 41. No officer of the police force of the City of Empire shall have authority to arrest any person except for offenses committed within the limits of the City of Empire except upon the warrants issued by the mayor or some member of council when said arrest may be made at any point within the State of Georgia; said officer of the police force of the City of Empire may act as deputy sheriff during his tenure of office as a police officer of said city.

Section 42. It shall be unlawful for any member of council or mayor to be interested, directly or indirectly, in any contract with the City of Empire. Any violation of this Section by any member of council or the mayor, shall, on conviction thereof, be punished as prescribed in Section 27-2506 of the Code of Georgia of 1933.

Section 43. The City of Empire shall have the power and authority to annex to its limits contiguous territory in the manner prescribed and set forth in Sections 69-902 and 69-903 of the Georgia Code Annotated, and the amendatory Acts thereof, same being incorporated herein by reference.

Section 44. The City of Empire, by and through its mayor and council, shall have all the powers and authority to do all the things and acts authorized by an Act approved March 31, 1937, (Ga. Laws 1937, p. 761), as amended, which relates to and authorizes the issuance of revenue anticipation certificates by cities, towns and municipalities.

Section 45. Should the mayor or any member of the city council be guilty of malpractice in office, wilful neglect of duty, gross or wilful abuse of powers entrusted to them, or for any reason become incom petent or unfit to fill such office, in the judgment of any three members of the said council, then and in that event, they are authorized to ask for his resignation, and upon his failure to resign at once, or within five days, it shall be the duty of the three members of the council to suspend such officer pending a special election which shall be called by the council not sooner than two weeks nor later than four weeks, form the date of said suspension, for the purpose of letting the qualified voters of the City of Empire decide if such officer shall remain in office. The election procedures heretofore set forth shall be followed except there shall be no period of special registration for this purpose and the voters' list to be used shall contain the names of only those persons voting in the last regular Empire general election, in addition to the names of those persons having in due course registered since January 1st of the particular year. Three or more councilmen of the City of Empire shall have the power and authority to call a special meeting for the purpose of considering the suspension and resignation of such of ficer, provided, however, that at least three days' notice is given to the mayor and all other councilmen. The ballots to be us?d in said special election, in addition to the usual identification, numbering and other

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1039

customary markings, shall have clearly printed in the body of the ballot the following1 alternatives from which the voter shall choose:

"( ) For the removal of ----___. _.._.--------------------..._ from the office

"( ) Against the removal of-- --..----------------- ---------- --------from the
office of--------------------------."
Appropriate wording shall be placed in the foregoing spaces. Each voter shall express his choice by voting for or against the removal of such officer of the City of Empire, and if such officer receives less than a simple majority of the votes cast, he shall be henceforth re moved from office, otherwise to continue to serve.
Section 46. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or uncon stitutional, such adjudication shall in no manner affect the other sec tion, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 47. Not less than 30 nor more than 60 days after the date of the approval of this Act by the Governor, or after it otherwise be comes law, it shall be the duty of the Ordinary of Dodge County, Geor gia, to issue the call for an election for the purpose of submitting this Act to the voters who are qualified voters of Dodge County, Georgia, and reside within the proposed limits of the City of Empire. The ordinary shall issue the call for such election not less than 25, nor more than 30 days before the date of the election. The ordinary shall advertise the same at least 20 days immediately preceding the election by posting typewritten or printed copies of this Act in two public places in the proposed limits of the City of Empire, and a copy shall be kept during such period at the office of George F. Holland, Justice of the Peace, in and for the 1455th Militia District, whose office is located in the Empire Precinct Courthouse. In addition thereto, 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 Dodge County. The ballot shall have written or printed thereon the words:
"For approval of the Act amending, revising and superseding the Act incorporating the Town of Empire so as to create a new charter for said corporation under the name and style of the City of Empire and to provide the procedure connected therewith.
"Against approval of the Act amending, revising and super seding the Act incorporating the Town of Empire so as to create

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a new charter for said corporation under the name and style of the City of Empire and to provide the procedure connected therewith."

All persons desiring1 to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of this Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect. If less than a majority of the votes cast on such question are for approval of the Act, it shall be void and of no force and effect. Only one election may be held under this provision, and the result thereof shall be final. The expense of such election shall be borne by the Com mission of Roads and Revenues, Dodge County, Georgia. It shall be the duty of the ordinary to hold and conduct such election and to name the necessary clerks to assist him in said election. It shall be the duty of the ordinary and his clerks so chosen to canvass the returns and declare and certify the results of the election to the Secretary of State for the State of Georgia.

Section 48. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 28, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1199. By Messrs. Groover, House and Laite of Bibb:
A bill to amend an act relating to the Municipal Court of the City of Macon so as to create in lieu thereof a Civil Court of Bibb County; to provide for automatic dismissal of inactive actions; and for other purposes.

Senator Phillips of the 27th and Hunt of the 28th offered the following amendment:
Amend HB 1199 by striking in the title the words and figures "twenty-four (24)" wherever they may appear and inserting in lieu thereof the words and figures "twelve (12)".

WEDNESDAY, FEBRUARY 19, 1964

1041

By striking in Section 1 the words and figures "twenty-four (24)" wherever they may appear and inserting in lieu thereof the words and figures "twelve (12)".

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 29, nays 0.

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

HB 1190. By Mr. Wells of Peach:
A bill to amend an act amending, revising and consolidating the several acts granting corporate authority to Fort Valley, so as to change the provisions of the charter relating to the hours of holding municipal elections; and for other purposes.

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

On the passage of the bill, the ayes were 31, nays 0.

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

HB 1193. By Mr. Leonard of Murray:
A bill to amend an act creating a one-member Board of Commissioners of Roads and Revenues of Murray County, so as to change the com pensation of the commissioner; and for other purposes.

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

On the passage of the bill, the ayes were 31, nays 0.

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JOURNAL OF THE SENATE,

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

HB 1195. By Messrs. House, Groover and Laite of Bibb and Roberts of Jones:
A bill to amend an act reenacting the charter of the City of Macon, relating to registration 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 32, nays 0.

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

HB 1198. By Mr. Herndon of Appling:
A bill to abolish the present mode of compensating certain offices of Appling County, known as the fee system; to provide in lieu thereof annual salaries for such officers; and for other purposes.

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

On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1197. By Mr. Carr of Washington: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Washington, so as to change the provisions relating to the compensation of the commissioners 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 19, 1964

1043

HB 1200. By Messrs. Groover, House and Laite of Bibb:
A bill to amend an act relating to the Municipal Court of the City of Macon so as to create in lieu thereof a Civil Court of Bibb County; to define its jurisdiction as to use of microfilm photographic equip 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 29, nays 0.

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

HB 1216. By Messrs. Storey and Morgan of Gwinnett:
A bill to amend an act establishing the charter of the Town of Snellville, so as to enlarge the corporate limits of the Town of Snellville; and for other purposes.

The report 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 1188. By Mr. Steis of Harris: A bill to amend an act fixing the compensation of the members of the Board of Commissioners of Roads and Revenues of Harris County so as to change the compensation of the 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

HB 1209. By Mr. Smith of Camden:
A bill to amend section 4 of an act creating a new charter for the City of St. Mary's, County of Camden, so as to provide for the election of a mayor for a term of two years in lieu of one 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 30, nays 0.

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

HB 1205. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act providing a salary for the official court reporter for the Stone Mountain Judicial Circuit; and for other purposes.

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

On the passage of the bill, the ayes were, 30 nays 0.

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

HB 1211. By Messrs. Groover, House and Laite of Bibb:
A bill to amend an act entitled "Macon Water Commissioners' Em ployees' Retirement Pay", to provide for increased contributions by members of such pension plan; and for other purposes.

The report 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 1204. By Mr. Bagby of Paulding: A bill to provide the compensation of the Commissioner of Roads and Revenues in counties having a population of not less than 13,100 and not more than 13,150; and for other purposes.

WEDNESDAY, FEBRUARY 19, 1964

1045

i

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

I was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

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

The following bill of the House was taken up for the purpose of considering House action thereto:

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.

Senator Yancey of the 33rd moved that the Senate insist on its position and that a Committee of Conference be appointed.

The president appointed as a Committee of Conference the following:

Senators Kendrick of the 32nd, Yancey of the 33rd and Plunkett of the 30th.

The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage:
SB 353. By Senator Gillis of the 20th: A bill to amend an act creating the Claims Advisory Board, approved April 12, 1963, (Ga. L. 1963, p. 624), so as to prohibit any member of the Claims Advisory Board, any member of the General Assembly or any other state official from collecting a fee, receiving a gift, or receiving remuneration of any kind as a result of payment of a claim by the State; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.

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JOURNAL OF THE SENATE,

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

SB 354. By Senator Carter of the 14th:
A bill relating to motor vehicle licenses approved December 24, 1937, as amended by an act approved March 7, 1960, so as to provide that non resident vehicles may haul seasonal agricultural products grown in this State upon the payment of a fee on a prorated daily basis.

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

On the passage of the bill, the ayes were 29, nays 0.

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

SR 202. By Senator Phillips of the 27th:
A resolution creating an interim study committee for traffic study; 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 155. By Messrs. Pope and Coker of Cherokee: A bill to authorize the various departments and agencies of the State to deduct from the salaries and wages of State employees, amounts for the payment of deposits and payments of indebtedness to credit unions; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.

WEDNESDAY, FEBRUARY 19, 1964

1047

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

Senator Kidd of the 25th gave notice that at the proper time he would move that the Senate reconsider its action on HB 155.

HB 827. By Messrs. Smith of Grady, Bolton of Spalding, Andrews of Stephens and Underwood of Montgomery:
A bill to amend an act known as the "Statewide Probation Act", so as to change the compensation of the assistant director of Probation and the Field Supervisors; and for other purposes.

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

On the passage of the bill, the ayes were 29, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HR 454. By Messrs. Pope and Coker of Cherokee, Meeks of Union and others: A resolution urging the construction of a 4-lane highway north of Atlanta, extending into Cherokee County; and the extension of the Blue Ridge Parkway; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 28, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SB 360. By Senators Knox of the 24th and Carter of the 14th: A bill to amend an act governing and regulating the use of the public roads and highways of this State, so as to provide for special blanket permits; to allow certain vehicles to exceed the width limitations; to repeal conflicting laws; and for other purposes.
Senator Johnson of the 42nd offered the following amendment:

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JOURNAL OF THE SENATE,

Amend SB 360 by striking from subsection (a) of section 1 the sentence, "Special blanket permits to cover multiple trip movements by a vehicle may be issued for purposes, periods (not to exceed six months) and fees (not to exceed those currently in effect) established by regulations adopted by the Director of the State Highway Department for the purpose," and substituting in lieu therefor the following sentence:

"Special blanket permits to cover multiple trip movements by a mobile home tractor-trailer combination may be issued for periods not to exceed six (6) months at fees to be established by regula tions adopted by the director of the State Highway Department for that purpose."

On the adoption of the amendment, the ayes were 28, nays 11, and the amendment was adopted.

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

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

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

The following bill of the Senate was taken up for the purpose of considering a House substitute therefor:

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 enjoyemnt 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 Highways in Georgia; and for other purposes.

The House substitute was as follows:

SB 123. By Senators Broun of the 46th, Pennington of the 45th, and others:
A BILL
To promote the safety, convenience and enjoyment of public travel and the free flow of instrastate and interstate commerce; to protect the

WEDNESDAY, FEBRUARY 19, 1964

1049

public investment in the National System of Interstate and Defense Highways in Georgia; to control the erection and maintenance of out door advertising signs, displays and devices adjacent to the National System of Interstate and Defense Highways in Georgia; to declare legislative intent; to provide for definitions; to provide for measure ments of distance; to provide for signs which shall not be permitted in protected areas; to provide for signs which may be permitted in pro tected areas; to provide for certain classes of signs; to provide for general provisions; to provide for rules and regulations; to provide for exclusions; to provide for the administration of the provisions of this Act; to provide for permits; to provide for fees; to provide for the tagging of signs; to provide for the removal of signs; to provide for certain effective dates; to provide for remedies; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Legislative Intent, (a) In Title 23, United States Code, Section 131, Congress has declared that:

(1) To promote the safety, convenience, and enjoyment of public travel and the free flow of interstate commerce and to pro tect the public investment in the National System of Interstate and Defense Highways, hereinafter called the "Interstate System", it is in the public interest to encourage and assist the States to control the use of and to improve areas adjacent to such system by con trolling the erection and maintenance of outdoor advertising signs, displays and devices adjacent to that system.

(2) It is a national policy that the erection and maintenance of outdoor advertising signs, displays, or devices within six hundred and sixty feet of the edge of the right-of-way and visible from the main-traveled way of all portions of the Interstate System con structed upon any part of right-of-way, the entire width of which is acquired subsequent to July 1, 1956, should be regulated, con sistent with national standards prepared and promulgated by the Secretary of Commerce.

(b) This Act is hereby enacted to effectuate the participation of the State of Georgia in the program established under the provisions of Title 23, United States Code, Section 131.

Section 2. Definitions. The following terms when used in this Act have the following meanings:

(a) "Acquired for right-of-way" means acquired for right-ofway for any public road by the Federal Government, this State, or a county, municipality or other political subdivision of this State, by donation, dedication, purchase, condemnation, use, or otherwise. The date of acquisition shall be the date upon which title (whether fee title or a lesser interest) vested in the public for right-of-way purposes under applicable Federal or Georgia law.

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(b) "Centerline of the highway" means a line equidistant from the edges of the median separating the main-traveled ways of a divided Interstate highway or the centerline of the main-traveled way of a non-divided Interstate highway.

(c) "Controlled portion of the Interstate System" means any portion which:

(1) Is constructed upon any part of right-of-way, the entire width of which is acquired for right-of-way subsequent to July 1, 1956 (a portion shall be deemed so constructed, if within such portion, no line normal or perpendicular to the centerline of the highway and extending to both edges of the right-of-way will inter sect any right-of-way acquired for right-of-way on or before July 1, 1956);

(2) Lies within this State, if the State Highway Department of Georgia has entered into an agreement with the Secretary of Commerce as provided in 23 U. S. C. 131; and

(3) Is not excluded under the terms of the Act which provide that agreements entered into between the Secretary of Commerce and the State Highway Department shall not apply to those seg ments of the Interstate System which traverse commercial or in dustrial zones within the boundaries of incorporated municipalities, as such boundaries existed on September 21, 1959, wherein the use of real property adjacent to the Interstate System is subject to municipal regulation or control.

(d) "Entrance roadway" means any public road or turning roadway, including acceleration lanes, by which traffic may enter the main-traveled way of an Interstate highway from the general road system within a State, irrespective of whether traffic may also leave the main-traveled way by such road or turning roadway.

(e) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish.

(f) "Exit roadway" means any public road or turning roadway, including deceleration lanes, by which traffic may leave the maintraveled way of an Interstate highway to reach the general road system within this State, irrespective of whether traffic may also enter the main-traveled way by such road or turning roadway.

(g) "Legible" means capable of being read without visual aid by a person of normal visual acuity.

(h) "Maintain" means to allow to exist.

(i) "Main-traveled way" means the traveled way of an Inter state highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated road-

WEDNESDAY, FEBRUARY 19, 1964

1051

ways for traffic in opposite directions is a main-traveled way. It does not include such facilities as frontage roads, turning road ways, or parking areas.

(j) "Protected area" means all areas inside the boundaries of this State which are adjacent to and within six hundred sixty feet of the edge of the right-of-way of all controlled portions of the Interstate System within this State. Where a controlled portion
of the Interstate System terminates at a boundary of this State which is not perpendicular or normal to the centerline of the highway, "protected area" also means all areas inside the boundary of this State which are within six hundred and sixty feet of the edge of the right-of-way of the Interstate highway in the adjoining State.

(k) "Scenic area" means any public park or area of particular scenic beauty or historical significance designated by or pursuant to Georgia laws as a scenic area, or designated as such by the Director.

(1) "Sign" means any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designed, intended, or used to advertise or inform, any part of the advertising or informative contents of which is visible from any place on the main-traveled way of a controlled portion of the Interstate System.

(m) "Trade name" shall include brand name, trademark, service mark, distinctive symbol, or other similar device or thing used to identify particular products or services.

(n) "Traveled way" means the portion of a roadway for the movement of vehicles, exclusive of shoulders.

(o) "Turning roadway" means a connecting roadway for traffic turning between two intersection legs of an interchange.

(p) "Visible" means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity.

(q) "Director" means the Director of the State Highway De partment.

Section 3. Measurements of distance, (a) Distance from the edge of a right-of-way shall be measured horizontally along a line normal or perpendicular to the centerline of the highway.

(b) All distance under Section 6 shall be measured along the centerline of the highway between two vertical planes which are normal or perpendicular to and intersect the centerline of the high way, and which pass through the termini of the measured distance.
Section 4. Signs that shall not be permitted in protected areas.

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Erection or maintenance of the following signs shall not be permitted in protected areas:

(a) Signs advertising activities that are illegal under Georgia or Federal laws or regulations in effect at the location of such signs or at the location of such activities.

(b) Obsolete signs.

(c) Signs that are not clean and in good repair.

(d) Signs that are not securely affixed to a substantial struc ture, and

(e) Signs that are not consistent with the standards in this Act. Section 5. Signs that may be permitted in protected areas, (a) Erection or maintenance of the following signs may be permitted in protected areas:

Class 1--Official signs. Direction or other official signs or notices erected and maintained by public officers or agencies pur suant to and in accordance with direction or authorization contained in Georgia or Federal law, for the purpose of carrying out an official duty or responsibility.

Class 2--On premise signs. Signs not prohibited by Georgia law which are consistent with the applicable provisions of this section and Section 7 and which advertise the sale or lease of, or activities being conducted upon, the real property where the signs are located.

Not more than one such sign advertising the sale or lease of the same property may be permitted under this Class in such manner as to be visible to traffic proceeding in any one direction on any one Interstate highway.

Not more than one such sign, visible to traffic proceeding in any one direction on any one Interstate highway and advertising activities being conducted upon the real property where the sign is located, may be permitted under this Class more than 50 feet from the advertised activity.
Class 3--Signs within 12 miles of advertised activities. Signs not prohibited by Georgia law which are consistent with the ap plicable provisions of this section and Sections 6 and 7 and which advertise activities being conducted within 12 air miles of such signs.
Class 4--Signs in the specific interest of the traveling public. Signs authorized to be erected or maintained by State law which are consistent with the applicable provisions of this Section and Sections 6 and 7 and which are designed to give information in the specific interest of the traveling public.

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1053

(b) A Class 2 or 3 sign, except a Class 2 sign not more than 50 feet from the advertised activity, that displays any trade name which refers to or identifies any service rendered or product sold, used or otherwise handled more than 12 air miles from such sign may not be permitted unless the name of the advertised activity which is within 12 air miles of such sign is displayed as con spicuously as such trade name.

(c) Only information about public places operated by Federal, State or local governments, natural phenomena, historic sites, areas of natural scenic beauty or naturally suited for outdoor recreation, and places for camping, lodging, eating and vehicle service and repair is deemed to be in the specific interest of the traveling public. For the purposes of the standards in this Act, a trade name is deemed to be information in the specific interest of the traveling public only if it identifies or characterizes such a place or identifies vehicle service, equipment, parts, accessories, fuels, oils, or lubri cants being offered for sale at such a place. Signs displaying any other trade name may not be permitted under Class 4.

(d) Notwithstanding the provisions of paragraph (b) of this Section, Class 2 or Class 3 signs which also qualify as Class 4 signs may display trade names in accordance with the provisions of para graph (c) of this Section.

Section 6. Class 3 and 4 signs. The erection or maintenance of Class 3 and 4 signs may not be permitted in any manner inconsistent with the following:
(a) In protected areas in advance of an intersection of the main-traveled way of an Interstate highway and an exit roadway, such signs visible to Interstate highway traffic approaching such intersection may not be permitted to exceed the following number:

Distance from intersection

Number of signs

0-2 miles ._._...,,__._....__.,._.. 0

2-5 miles ----------.--,,_,, .................... 6

More than 5 miles..--.... ------._.,,.._.. Average of one sign per mile.

The specified distances shall be measured to the nearest point of the intersection of the traveled way of the exit roadway and the main-traveled way of the Interstate highway.

(b) Subject to the provisions of this Section, not more than two such signs may be permitted within any mile distance measured from any point, and no such signs may be permitted to be less than 1,000 feet apart.

(c) Such signs may not be permitted in protected areas ad jacent to any Interstate highway right-of-way upon any part of the width of which is constructed an entrance or exit roadway.

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(d) Such signs visible to Interstate highway traffic which is approaching or has passed an entrance roadway may not be per mitted in protected areas for 1,000 feet beyond the furthest point of the intersection between the traveled way of such entrance road way and the main-traveled way of the Interstate highway.

(e) No such signs may be permitted in scenic areas.

(f) Not more than one such sign advertising activities being conducted as a single enterprise or giving information about a single place may be permitted to be erected or maintained in such manner as to be visible to traffic moving in any one direction on any one Interstate highway.

Section 7. General provisions. No Class 3 or 4 signs may be permitted to be erected or maintained pursuant to Section 6, and no Class 2 signs may be permitted to be erected or maintained, in any manner inconsistent with the following:

(a) No sign may be permitted which attempts or appears to attempt to direct the movement of traffic or which interferes with, imitates or resembles any official traffic sign, signal or device.

(b) No sign may be permitted which prevents the driver of a vehicle from having a clear and unobstructed view of official signs and approaching or merging traffic.

(c) No sign may be permitted which contains, includes, or is illuminated by any flashing, intermittent or moving light or lights.

(d) No lighting may be permitted to be used in any way in connection with any sign unless it is so effectively shielded as to prevent beams or rays of light from being directed at any portion of the main-traveled way of the Interstate System, or is of such low intensity or brilliance as not to cause glare or to impair the vision of the driver of any motor vehicle, or to otherwise interfere with
any driver's operation of a motor vehicle.

(e) No sign may be permitted which moves or has any animated or moving parts.
(f) No sign may be permitted to be erected or maintained upon trees or painted or drawn upon rocks or other natural fea tures.
(g) No sign may be permitted to exceed 20 feet in length, width, or height, or 150 square feet in area, including border and trim but excluding supports, except Class 2 signs not more than 50 feet from and advertising activities being conducted upon, the real property where the sign is located.
Section 8. Exclusions. The standards shall not apply to markers, signs and plaques in appreciation of sites of historical significance for

WEDNESDAY, FEBRUARY 19, 1964

1055

the erection of which provisions are made in an agreement between this State and the Secretary of Commerce as provided in 23 U. S. C. 131, unless such agreement expressly makes all or any part of the standards applicable.

Section 9. Administration; rules and regulations. The State High way Department through the Director thereof is hereby authorized and directed to administer the provisions of this Act. The Director is hereby authorized to enter into a contract with the Secretary of Com merce of the United States providing for the enforcement of the na tional standards regarding outdoor advertising along the Interstate System promulgated under the authority of the Federal Aid Highway Act of 1958 (Title 23, United States Code, Section 131). The Director is hereby authorized to promulgate rules and regulations relative to the administration of this Act.

Section 10. Permits. No Class 3 or Class 4 sign shall be erected unless a permit authorizing such erection shall be obtained from the State Highway Department. A separate permit shall be required for each sign and no permit may be transferred. A permit shall remain valid for one year from the date of its issuance, but may be renewed annually if such renewal is applied for not less than ten nor more than sixty days prior to the expiration date. Any person desiring a permit shall make application therefor on forms prescribed by the State Highway Department to the Department, either in person at the main office of the Department in Atlanta or by mail to the Department at such office. Each application must be accompanied by a permit fee of $10.00. Applications for renewals shall be made in like manner and shall also be accompanied by a fee of $10.00. Applications for available Class 3 and Class 4 sign sites where the number of applications shall exceed the available sites, shall be awarded upon the following basis:

(1) Agencies of the State of Georgia in order of their applica tions.
(2) Counties or incorporated municipalities in the order of their applications.
(3) Federal agencies in the order of their applications.
(4) All other applicants in the order of their applications, giving preference, however, to the holder of any existing permit for renewal thereof. Applications received during the same day shall be construed as having been received simultaneously. In the event of simultaneous applications, the Highway Department shall determine by lot which applicant shall receive the permit.

Section 11. Tags for signs. The holder of a permit is hereby re quired and directed to attach to the sign erected under the authority of such permit, a tag provided by the State Highway Department con taining the permit number, the expiration date thereof, and the name of the person, firm, corporation, association, or other organization or entity to whom the permit was issued.

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Section 12. Offending signs; dates. No outdoor advertising sign, display or device which is inconsistent with the provisions of this Act shall be allowed to remain after July 1, 1966, in areas adjacent to any segment of the Interstate System which, prior to July 1, 1963, either has been completed to the geometric and design standards adopted for that system, or is under contract for completion to such standards.

Section 13. Remedies; penalties; enforcement, (a) The Director is hereby given the power to enjoin the erection of any sign unless the permit therefor is first obtained, or the erection of any sign in violation of any of the provisions of this Act.

(b) Any person violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.

(c) The Director is hereby authorized to remove any sign erected in violation of the provisions of this Act after thirty days written notice to the person holding the permit for such sign, or in the event no permit was obtained, after thirty days written notice to the person erecting the sign or the person causing the sign to be erected, and the cost of such removal shall be borne by the offender and such cost shall be paid to the State Highway De partment. If such cost is not forthcoming, the Director is hereby authorized to bring suit to recover such cost.

(d) The Director and such other personnel of the State High way Department as shall be designated by the Director and all law enforcement officers are hereby authorized to enter upon private property for the purpose of inspecting signs.

Section 14. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Broun of the 46th moved that the Senate agree to the House sub stitute.

On the motion, the ayes were 33, nays 9.

The motion prevailed and the House substitute was agreed to.

HB 162. By Messrs. Keyton of Thomas and Greene of Bartow:
A bill comprehensively and exhaustively to revise, supersede, con solidate, and codify the laws relating to Public Health, the Department of Public Health, County Boards of Health, sanitary districts, and dis trict health commissioners; and for other purposes.

WEDNESDAY, FEBRUARY 19, 1964

1057

The Committee on Health and Welfare offered the following amendment: (1) By striking Code Section 88-103 as contained in Section 1 of

said bill, and inserting in lieu thereof a new Section 88-103 to read as follows:
"88-103.

"Board of Health; composition. There is hereby created the Board of Health and the Department shall be under the direction and control of the Board. The Board shall be composed of eighteen (18) members to be appointed by the Governor and confirmed by the Senate. Ten (10) of such members shall be physicians who are licensed under the Georgia Medical Practice Act (Ga. Code Chapter 84-9), one from each Congressional District in the State. The Medical Association of Georgia shall submit a list of the names of three physicians from each Congressional District to the Gover nor. The Governor shall appoint a member of the Board from each such list, except that in the event the Governor does not desire to appoint a member from the names submitted in any Congressional District, the Medical Association of Georgia shall submit three new names and the Governor must appoint one from such list of three names or one from the previous list of three names. Two members
shall be dentists who shall be appointed from a list of three names for each member to be appointed submitted by the Georgia Dental
Association, except that in the event the Governor does not desire to appoint a member from each of the lists of names submitted, the Georgia Dental Association shall submit three new names for each position not filled by the Governor from the original list and the Governor must appoint one from such list of three names or one
from the previous list of three names. Two members shall be phar macists who shall be appointed from a list of three names for each member to be appointed submitted by the Georgia Pharmaceutical Association, except that in the event the Governor does not desire to appoint a member from each of the lists of names submitted, the Georgia Pharmaceutical Association shall submit three new names for each position not filled by the Governor from the original list and the Governor must appoint one from such list of three names or one from the previous list of three names. One member shall be a veterinarian who shall be appointed from a list of three names submitted by the Georgia Veterinary Medical Association, except that in the event the Governor does not desire to appoint a member from the names submitted, the Georgia Veterinary Med ical Association shall submit three new names and the Governor must appoint one from such list of three names or one from the previous list of three names. One member shall be a representative of the Georgia Municipal Association who shall be appointed from a list of three names submitted by the Georgia Municipal Associa tion except that in the event the Governor does not desire to ap point a member from the names submitted, the* Georgia Municipal Association shall submit three new names and the Governor must appoint one from such list of three names or one from the previous list of three names. One member shall be a representative of the Association County Commissioners of Georgia who shall be ap-

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pointed from a list of three names submitted by the Association County Commissioners of Georgia, except that in the event the Governor does not desire to appoint a member from the names submitted, the Association County Commissioners of Georgia shall submit three new names and the Governor msut appoint one from such list of three names or one from the previous list of three names. One member shall be from the State at large. In the event of a failure by the governing body of any Association to submit such nominees as herein specified, the Governor shall be authorized to make appointments from those persons eligible for recommenda tion by the governing body of the Association and who are other wise qualified. Successors to these and future members shall be appointed in the same manner and under the same procedure as provided herein for the appointment of the first members. In the event any Association named in this Section shall cease to exist, the Governor shall make the appointments as herein prescribed from a list of six qualified nominees per member submitted by any suc cessor association or organization, if any. In the event there is no successor organization, the Governor shall be authorized to make appointments from those persons who would normally be members of said association or organization and who are otherwise qualified."

On the adoption of the amendment, the ayes were 46, nays 0, and the amend ment was adopted.

The Committee on Health and Welfare offered the following amendment:
By striking Code Section 88-104 as contained in Section 1 of said bill, and inserting in lieu thereof a new Section 88-104 to read as follows:
"88-104.
"Vacancies on Board; Chairman and Vice Chairman. In the event there is a vacancy on the Board for any reason other than expiration of term of office, the Governor shall appoint a person to fill the vacancy for the unexpired term. Such appointment shall be made in the same manner as original appointments are made. The Board shall elect one of its members as Chairman and one as Vice Chairman and shall provide for the length of terms of such officers and for other matters relative thereto."

On the adoption of the amendment, the ayes were 40, nays 0, and the amend ment was adopted.

The Committee on Health and Welfare offered the following amendment:
By striking Code Section 88-105 as contained in Section 1 of said bill, and inserting in lieu thereof a new Section 88-105 to read as fol lows:

WEDNESDAY, FEBRUARY 19, 1964

1059

"88-105.

,;
.-.-. ;

"Board; terms of office; time of appointment. The members of the Board of Health created herein shall be appointed by the Governor on or before June 1, 1964, and such members shall assume office July 1, 1964. Three of the members shall be appointed for terms of one year; three of the members shall be appointed for terms of two years; three of the members shall be appointed for terms of three years; three of the members shall be appointed for terms of four years; three of the members shall be appointed for terms of five years and three of the members shall be appointed for terms of six years. The Governor shall designate which members shall have such terms. The original members and all future mem bers shall serve until their successors are appointed and qualified.

;;; , ;:
,,,.
:

All future members shall be appointed for terms of six years.
"The members of the present Board of Health shall continue in office and shall be vested with all the powers, rights, duties and privileges which by law existed in said Board of Health, until July 1, 1964, and until the members of the Board of Health created by this Act assume the duties of their office, at which time said Board of Health shall cease to exist and shall stand abolished and the powers, rights, duties and privileges vested in and exercised by said Board shall be vested in and exercised by the Board of Health created by this Act. The Governor shall call an organiza tional meeting of the Board after the passage of this Act, which meeting shall be not later than twenty (20) days after July 1, 1964."

On the adoption of the amendment, the ayes were 35, nays 0, and the amend ment was adopted.

The Committee on Health and Welfare offered the following amendment:

By striking the first sentence of Code Section 88-112 as contained in Section 1 of said bill, which reads as follows:

"The chief executive of the department shall be a director who shall be selected by the Board of Health to serve at the pleasure of the Board.",
and inserting in lieu thereof a new sentence to read as follows:

"There shall be a Director of the Department who shall be the chief executive of the Department. He shall be elected by the Board of Health with the approval of the Governor. The Director may be removed at any time by the Board of Health with the ap proval of the Governor or such Director may be removed by the Governor with the approval of the Board of Health."
On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.

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The Committee on Health and Welfare offered the following amendment:

Section 88-1305 is hereby amended to add a new sentence at the end of said Section as presently written to read as follows:

"The Council shall meet at least as frequently as semi-annually or at the call of the chairman and minutes of the meetings of the Council shall be included in the minutes of the meeting of the Board of Health next occurring after the preparation of such minutes."

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

The Committee on Health and Welfare offered the following amendment:
Section 88-1005 is hereby amended by adding the following sentence to the end of said Section as presently written:
"The Council shall meet at least as frequently as semi-annually or at the call of the chairman and minutes of the meetings of the Council shall be included in the minutes of the meeting of the Board of Health next occurring after the preparation of such minutes."

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

The Committee on Health and Welfare offered the following amendment:
Section 88-2205 is hereby amended by adding a new sentence to read as follows at the end of the said Section as presently written:
"The Advisory Council shall meet at least as frequently as semi-annually or at the call of the Chairman and minutes of the meetings of the Advisory Council shall be included in the minutes of the meeting of the Board of Health next occurring after the preparation of such minutes."
On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted.

The Committee on Health and Welfare offered the following amendment:
The 21st sentence of Section 88-202, reading as follows: "One of the two members so appointed by the grand jury shall

WEDNESDAY, FEBRUARY 19, 1964

1061

preferably be a physician actively practicing in the county and
licensed under the Georgia Medical Practice Act (Ga. Code Chapter 84-9)."

is hereby stricken in its entirety and there is substituted in lieu thereof the following sentence:

"One of the two members so appointed by the grand jury shall be a physician actively practicing in the county and licensed under the Georgia Medical Practice Act (Ga. Code Chapter 84-9) unless there is no such physician actively practicing in the county and so licensed who is willing and able to serve."

On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment was adopted.

The Committee on Health and Welfare offered the following amendment:
Health and Welfare moves to amend HB 162 by amending para graph (a) of Section 88-507 by inserting between the word "hospitalization" and the word "and" on the third line of page 44, the following words: "and to order his release."

On the adoption of the amendment, the ayes were 32, nays 0, and the amendment was adopted.

The Committee on Health and Welfare offered the following amendment:
Health and Welfare Committee moves to amend HB 162 by amend ing Section 88-305 by changing the period after the word "process" in the twenty first (21st) line of paragraph (a) to a comma and adding the following words: "unless such service of process is waived."
On the adoption of the amendment the ayes were 37, nays 0, and the amendment was adopted.

The Committee on Health and Welfare offered the following amendment:
The Committee on Health and Welfare moves to amend House Bill 162 by amending paragraph (c) of Section 88-305 by changing the period at the end of the first sentence to a comma and adding the following words:
"provided, however, if such appeal is not heard and determined within a period of ninety (90) days, the decision shall stand re versed unless all parties consent to an extension of time."

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On the adoption of the amendment, the ayes were 33, nays 0, and the amendment was adopted.

The Committee on Health and Welfare offered the following amendment:
Health and Welfare Committee moves to amend HB 162 as follows:
By striking Subsection (d) of Code Section 88-108 of Section 1 in its entirety and inserting in lieu thereof the following:
"(d) manufacture drugs and biologicals which are not readily available of the market and not manufactured for commercial purposes; procure and distribute drugs and biologicals and pur chase services from clinics, laboratories, hospitals and other health facilities and, when authorized by law, acquire and operate same;"

On the adoption of the amendment, the ayes were 32, nays 0, and the amendment was adopted.

The Committee on Health and Welfare offered the following amendment:
Health and Welfare Committee moves to amend House Bill 162 striking 88-207 and substituting the following in lieu therefor: County Boards of Health to Keep Records
The County Board of Health shall record and preserve true and correct minutes of its proceedings in a special book kept for that pur pose, and shall maintain, or cause to be maintained unless maintained by the governing authority of the county, accurate double entry ac counting records including but not limited to
(a) prentfmbered duplicates of receipts issued for funds re ceived showing the source of same:
(b) records and financial reports including a general ledger maintained in accordance with generally accepted principles of ac counting and in accordance with such standards as may be pre scribed by the governing authority of the county and the State Board of Health. Such records shall show all receipts and dis bursements, identifying each item and, in the case of disbursements, list to whom paid, dates, amounts and objects of expenditure. All accounting records shall be subject to any audits made of general county financial operations and shall be made available for the purpose of such audits.

On the adoption of the amendment, the ayes were 32, nays 0, and the amendment was adopted.

WEDNESDAY, FEBRUARY 19, 1964

1063

The Committee on Health and Welfare offered the following amendment:

The Committee on Health and Welfare moves to amend House Bill 162 by striking the last two sentences of Section 88-1821.

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

The Committee on Health and Welfare offered the following amendment:
The Health and Welfare Committee moves to amend subparagraph
(g) of Section 88-111 of House Bill 162 as follows:
By inserting between the word "physical" and the word "and" the following: ", dental", so that when so amended subparagraph (g) of Section 88-111 shall read as follows:
"(g) conduct programs relating to chronic illness, and conduct other programs related to the physical, dental, and mental health of the people of the State which are appropriate to the purpose of the Department;"
On the adoption of the amendment, the ayes were 34, nays 1, and the amendment was adopted.

The Committee on Health and Welfare offered the following amendment:
Amend HB 162 by adding at the end of Code Section 88-1004 of section 1 the following:
"Provided, however, that non-profit schools and institutions serving family-style meals, shall not be included under the present law or any future law or any rule or regulation promulgated pursuant to such laws regulating the dispensing of milk in the kitchens and dining halls of such schools and institutions, pro vided such school or institution produces the milk on the school farm passing the Georgia Health Department and local health department sanitary requirements."

On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted.
The Committee on Health and Welfare offered the following amendment:

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Health and Welfare Committee moves to amend HB 162 by amend ing paragraph (d) of Section 88-304 by changing the period at the end of the first sentence to a comma and adding the following words: "provided, however, that such examiner shall be a member of the State Bar of Georgia in good standing."

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

The Committee on Health and Welfare offered the following amendment:
The Committee on Health and Welfare moves to amend House Bill 162 as follows:
By adding the word "or next friend" after the word "attorney" in 88-506, sub-section (J).

On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted.

The Committee on Health and Welfare offered the following amendment:
Section 88-404 is stricken in its entirety and there is substituted in lieu thereof the following:
"88-404. Advisory Committee on Alcoholism; creation; appoint ment of members; terms of office; compensation; expenses. There is hereby created a Committee to be known as the 'Advisory Com mittee on Alcoholism', hereafter called the 'Committee'. The func tions of the Committee shall be to advise the Department of Health upon its operations under the provisions herein. The Committee shall be composed of five (5) members to be appointed by the Governor from citizens of the State who are known to have a knowledge of and an interest in the subject of alcoholism and of two (2) members to be appointed by the Governor, from four (4) nominees from the State at large from among practicing physic ians in the State submitted by the governing body of The Medical Association of Georgia. The present members of the Advisory Com mittee on Alcoholism shall continue to serve until their terms have expired. Their successors shall be appointed for a term of seven (7) years and until their successors are appointed and qualified, provided that the first appointments of successors shall be from nominees submitted in accordance with the provisions of this Sec tion by The Medical Association of Georgia, the first such nominee to be a practicing physician and the second such nominee to be a practicing physician who is certified by the American Board of Psychiatry and Neurology, Incorporated. Any vacancy occurring in the membership of the Committee shall be filled by the appoint-

WEDNESDAY, FEBRUARY 19, 1964

1065

ment of the Governor for the unexpired portion of the terra in the same manner as the person whose vacancy is being filled was ap pointed. The Advisory Committee on Alcoholism shall elect one of its members as Chairman and one as Vice Chairman. The Com mittee shall meet at least as frequently as quarterly and at such other times as may be deemed necessary by the Director of the Department of Health or the Chairman or Vice Chairman of the Committee for the performance of their duties. The members of the Committee shall receive per diem and expenses as shall be set and approved by the Budget Bureau conformably to rates and allowances set for members of other State Committees. Minutes of the meetings of the Advisory Committee on Alcoholism shall be recorded in the minutes of the meeting of the Board of Health next held after the preparation of such minutes."

On the adoption of the amendment, the ayes were 40, nays 0, and the amendment was adopted.

The Committee on Health and Welfare offered the following amendment:
The Committee on Health and Welfare moves to amend House Bill 162 by amending paragraph (b) of Section 88-306 by changing the period at the end of the last line thereof to a comma and adding the following words:
"or that such production and disclosure may be necessary in the interest of justice."

On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted.

The Committee on Health and Welfare offered the following amendment:
The Health and Welfare Committee moves to amend HB No. 162 as follows:
By striking from Code Section 88-112 the following words and figures:
"twenty thousand ($20,000.00) dollars", and inserting in lieu thereof the following words and figures:
"twenty-five thousand ($25,000.00) dollars"
On the adoption of the amendment, the ayes were 32, nays 4, and the amend ment was adopted.

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JOURNAL OF THE SENATE,

The Committee on Health and Welfare offered the following amendment:

Health and Welfare Committee moves to amend HB 162 by striking Section 88-301 in its entirety and inserting in lieu thereof the following:

"Any person violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law."

On the adoption of the amendment, the ayes were 32, nays 7, and the amendment was adopted.

The Committee on Health and Welfare offered the following amendment:
The Committee on Health and Welfare moves to amend House Bill 162, as follows:
By adding in the Title after the words "to provide for the creation of Hositpal Authorities and the functions, duties and powers of such Authorities;", the following:
"to provide for the appointment of the members of the boards of said Hospital Authorities and to provide for the functions, duties and powers of such boards;".
By striking from Section 88-1803 the following:
"Appointments to fill vacancies either for an unexpired or full term as fixed in the original resolution or ordinance creation the same shall be made by the governing body of the area of opera tion for the same period or periods of time from among a list of three eligible persons submitted by the governing body to the hospital authority of the area of operation, and said authority shall pick of of the three. Provided, however, those hospital authorities in existence prior to March 15, 1964, which were created by a joint resolution or ordinance of any two (2) or more counties, or any two (2) or more municipalities, or any county or munici pality, or combination thereof, may, when authorized by appropriate legislation, change the method herein provided for the appointment of the members of such hospital authorities.",
and inserting in lieu thereof, the following:
"Appointments to fill vacancies on the board of any hospital au thority activated on or after March 15, 1964, either for an un expired or full term as fixed in the original resolution or ordinance creating the same, shall be made as follows:
"(1) The governing body of the area of operation shall submit a list of three (3) eligible persons to the board of the hospital authority.

WEDNESDAY, FEBRUARY 19, 1964

1067

"(2) The board at its next regular meeting shall select one of the three (3) persons named in said list.

"Appointments to fill vacancies either for an unexpired or full term on the board of all hospital authorities in existence prior to March 15, 1964, shall be made as follows:

"(1) Prior to May 1, 1964, the board of such hospital authority shall be resolution elect to have vacancies filled on such board pursuant to the provisions of this Chapter or in the same manner as such appointments were filled prior to the approval of this Act or its otherwise becoming law.

"(2) After said resolution has been formally adopted by the board, it shall be filed with the governing authority of all partici pating unit or units of such authority and all appointments to fill vacancies thereafter shall be governed by the terms of such resolu tion unless changed by local legislation or constitutional amend ment."

On the adoption of the amendment, the ayes were 31, nays 1, and the amendment was adopted.

Senator Yancey of the 33rd offered the following amendment:
Amend paragraph (a) of Section 88-513 of House Bill 162 by adding at the end thereof the following:
"Nothing contained herein shall be construed to impair or infringe upon the right of a patient, his legal guardian or his attorney from having an examination of such patient at reasonable times, at no expense to the State, by one or more physicians or psychologists authorized by law to practice their profession in this State. Such examination may be conducted to the exclusion of the institution in which the patient is confined."

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.
Senator Yancey of the 33rd offered the following amendment:
Amend Paragraph B of Section 88-516 of House Bill 162 by striking said paragraph in its entirety and inserting in lieu thereof the following:
"Notwithstanding any limitation authorized under this section on the right of communication, every patient shall be entitled to communicate by sealed mail with the Department, the superinten-

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JOURNAL OF THE SENATE,

dent, an attorney or his next of kin and with the court, if any, which ordered his hospitalization and such patient shall have the right to confer with an attorney at reasonable times".

On the adoption of the amendment, the ayes were 36, nays 0, and the amendment was adopted.

Senator Yancey of the 33rd offered the following amendment:
Amend Section 88-704 of House Bill 162 by adding in the last line of said section between the word "therein" and the word "shall" the following words:
"including the name of the disease".

On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted.

Senator Yancey of the 33rd offered the following amendment:
Amend Section 88-708 of House Bill 162 by striking from the last two lines of said section the following words:
"may be by mail or such other means as will reasonably insure delivery."
and inserting in lieu thereof the words
"shall be personal or by certified or registered mail, addressee only".
On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted.
Senator Yancey of the 33rd offered the following amendment:
Amend House Bill 162 by striking from Section 88-817 the following words:
"The unit for a separate and distinct offense in violation of this Chapter is each and every article of bedding."
On the adoption of the amendment, the ayes were 34, nays 0, and the amendment was adopted.

WEDNESDAY, FEBRUARY 19, 1964

1069

Senator Yancey of the 33rd offered the following amendment:

Amend Section 88-901 of House Bill 162 by changing the period of said section to a comma and adding the following words:

"so as to make recommendations to the General Assembly".

On the adoption of the amendment, the ayes were 34, nays 0, and the amendment was adopted.

Senator Carlton of the 21st offered the following amendment:
Amend HB 162 by striking from Section 88-112 the following: "; provided, however, that the present Director shall serve until the ex piration of the present term of office", and inserting in lieu thereof the following: "; provided, however, that the services of the present Di rector shall not be automatically terminated by the passage and approval of this Act, but his future tenure would be subject to the provisions of this Act."

On the adoption of the amendment, the ayes were 40, nays 0, and the amendment was adopted.

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

On the passage of the bill, the ayes were 33, nays 2.

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

The following bill of the House was taken up for the purpose of considering the report of a Committee of Conference thereto:

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.

The report of the Committee of Conference was as follows: Conference Committee Report on House Bill 659.

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JOURNAL OP THE SENATE,

The Conference Committee has agreed to strike all amendments to HB 659 and amend said House Bill as follows:

1. By striking SECTION 2 in its entirety and inserting in lieu thereof a NEW SECTION 2 as follows:

SECTION 2.
(a) From and after the effective date of this Act, there is hereby created in Cobb County a Civil Service System or merit system of per sonnel administration, to be known as the Cobb County Civil Service System. All persons who receive salaries or wages in whole or in part from Cobb County may be placed under said Civil Service System ex cept (1) all Cobb County Board of Education employees, (2) all elected officials, (3) all appointed Boards, (4) members of Commissions or Authorities, (5) the Cobb County Attorney, (6) part-time employees, (7) Assistant Solicitors General, (8) Chief Deputy Clerk of Cobb Su perior Court, (9) the Chief Deputy Sheriff of Cobb County, (10) the Chief Deputy Tax Commissioner of Cobb County, (11) the Chief Deputy Commissioner of Roads and Revenues of Cobb County, (12) Court Re porters for the Superior Court of Cobb County, (13) Chief Clerk in the Office of the Ordinary of Cobb County, (14) Department Heads of Cobb County, (15) Cobb County Comptroller or Director of Finance, (16) Warden of Cobb County Prison Camp, (17) any Deputy Sheriff, Policeman, Detective or other person deputized by law who has been convicted and sentenced finally for any felony, under the laws of this or any other State, involving moral turpitude, the offense being also a felony in this State, unless restored by a pardon from the proper executive under the great seal of the State, to all the rights of citizen ship, (18) any Deputy Sheriff, policeman, Detective or other person deputized by law who has been convicted and sentenced finally for any misdemeanor, under the laws of this or any other State, involving moral turpitude, the offense being also a misdemeanor in this State, unless restored by a pardon from the proper executive, under the great seal of the State, to all the rights of citizenship provided such conviction has been within five years immediately preceding the effective date of this Act or within five years next preceding the date of application for Civil Service examination, (19) and any other officials expressly exempt by law.
2. By striking SECTION 11 in its entirety and inserting in lieu thereof a NEW SECTION 11 as follows:

SECTION 11.
The provisions of this Act shall become effective on February 1, 1965 provided the Constitution of the State of Georgia is amended in the November, 1964 General Election so as to authorize the creating of the Cobb County Civil Service System.
Robert E. Flournoy, Jr. E. W. Teague Joe Mack Wilson Edward S. Kendrick, 32nd Kyle Yancey, 33rd Lamar R. Plunkett, 30th

WEDNESDAY, FEBRUARY 19, 1964

1071

Senator Yancey of the 33rd moved that the Senate adopt the report of the Committee of Conference thereto.

On the motion, the ayes were 28, nays 0.

The motion prevailed, and the report of the Committee of Conference was adopted.

HB 948. By Messrs. Towson and Knight of Laurens:
A bill to amend an act creating the Department of Public Safety, so as to authorize the payment of a portion of construction costs of quar ters and other facilities for the Uniform Division of the Department of Public Safety on property deeded to the State under a deed contain ing a reversionary clause; and for other purposes.

The Committee on Appropriations offered the following amendment:
Amend HB 948 by striking the following language as it appears in two places in Section 1 of said bill:
"If the deed to the property to be used for such headquarters contains a reversionary clause to the effect that such property shall revert to the grantor in the event it ceases to be used for such headquarters, the Director shall not be authorized to enter into any contract or agreement relative to the construction of quarters, barracks or other facilities for such headquarters, which shall, in any manner whatsoever, obligate the Department to pay for more than one-half the costs of construction of such quarters, barracks or other facilities. Any such contract or agreement must be ap proved by the Department.",
and by inserting in lieu thereof the following:
"If the deed from said municipality or county to the property, to be used for such headquarters contains a reversionary clause to the effect that such property shall revert to such municipality or county in the event it ceases to be used for such headquarters, the Director shall not be authorized to enter into any contract or agree ment relative to the construction of quarters, barracks or other facilities for such headquarters, which shall, in any manner what soever, obligate the Department to pay for more than one-half the costs of construction of such quarters, barracks or other facilities. Any such contract or agreement must be approved by the Depart ment.",
in both of said places.

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JOURNAL OF THE SENATE,

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 30, nays 0.

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

HB 542. By Mr. Mackay of DeKalb:
A bill to define the legal status and non-liability of a fiduciary, (whether an executor, administrator, guardian or trustee) when obeying the exer cise of fiduciary powers in and by another co-fiduciary, committee or person or persons to direct investments; and for other purposes.

The Committee on Judiciary offered the following amendment:
Amend HB 542 by striking Section 2 in its entirety and renumber ing Section 3 as Section 2.

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 944. By Messrs. Causby of Gordon, Hale of Bade, Bowen of Dawson, Harris of DeKalb, Murphy of Haralson, Brown of Hart and many others:
A bill to confer upon each and every county of the State of Georgia the right to condemn private property and all rights therein for the purpose of small watershed projects and for watershed protection and flood control; and for other purposes.

WEDNESDAY, FEBRUARY 19, 1964

1073

The report 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 1012. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend Title 92, Div. I, Part IX, Chap. 92-33B, Subsection (a) of Section 92-3305b of the 1933 Code of Georgia so as to extend the time for reporting and paying the amount of tax withheld from em ployees' wages; and for other purposes.

The report 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 867. By Mr. Mackay of DeKalb:
A bill to amend an act relating to applications by guardians to sell, lease, exchange land, encumber the estates of their wards and the pro cedures connected therewith, so as to establish the procedure to be fol lowed in such applications and provide for service 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 32, nays 0.

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

HR 397. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:

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JOURNAL OF THE SENATE,

A resolution creating a committee for the purpose of studying industrial safety; 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 1107. By Mr. Underwood of Montgomery: A bill to amend an act providing for the rehabilitation of prisoners, so as to allow the cooperation of the divisions of Vocational Education and Vocational Rehabilitation of the State Board of Education in the re habilitation of State prisoners; and for other purposes.
The report 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 resolution was read and adopted:
SR 218. By Senators Hall of the 52nd and Jackson of the 16th and others: A resolution extending congratulations to the Rome, Georgia Boys' Club Choir; and for other purposes.

HB 949. By Mr. Conner of Jeff Davis:
A bill to amend an act known as the "Georgia Industrial Loan Act" approved March 4, 1955, as amended; and for other purposes.

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

WEDNESDAY, FEBRUARY 19, 1964

1075

On the passage of the bill, the ayes were 34, nays 0.

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

HB 1030. By Mr. Branch of Tift:
A bill to create within the Executive Branch of the State Government a commission to be known as the State Properties Commission; and for other purposes.
The Committee on Rules offered the following substitute:
A BILL
To be entitled an Act to provide for the leasing of all or any part of the Western and Atlantic Railroad, certain State property within the City of Chattanooga, Tennessee, the old Governor's Mansion site within the City of Atlanta, Georgia, and certain surplus State property; to pro vide for the control, management and preservation of such property; to provide for a short title; to provide for definitions of certain words used in this Act; to create the State Properties Control Commission; to define the powers and duties of such Commission concerning such property; to vest in such Commission the power of eminent domain; to authorize such Commission to employ personnel as may be necessary to discharge its duties; to authorize the Commission to adopt rules and regulations and to provide that any person violating same shall be guilty of a misdemeanor; to empower such Commission to determine the contents of all instruments executed by its consistent with the limita tions imposed by this Act; to prescribe a competitive bidding procedure concerning leases; to authorize the negotiation of a lease or leases of Western and Atlantic Railroad property to be operated for railroad purposes; to provide for the acceptance or rejection of certain bids and offers by the General Assembly; to provide for the execution of certain instruments; to require certain conveyances to be recorded in the office of the Secretary of State; to require such Commission to keep records and to make the same subject to public inspection; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The following provisions shall constitute the "State Properties Control Code", and shall be Chapter 91-1A of the Code of Georgia and shall be inserted between Chapters 91-1 and 91-2 of the Code of Georgia.
Chapter 91-1A. State Properties Control Code.
Section 91-101A. Short title.--This Act shall be known, and may be cited, as the "State Properties Control Code".

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Section 91-102A. Definitions.--The following words, when used in this Code, shall have the following meanings, unless otherwise clearly apparent from the context:
(a) The word "Commission" shall mean the State Properties Con trol Commission as created by Section 91-103A;
(b) The word "lease" shall include any instrument which creates the relationship of landlord and tenant, an estate for years, a license, or a concession;
(c) The word "person" shall mean any individual, partnership, firm, corporation, governmental body or other organization; and

(d) The word "property" shall mean: (i) the Western and Atlantic Railroad and its terminals in the Cities of Atlanta, Georgia, and Chatta nooga, Tennessee, and certain other lands and buildings in such Cities, and along the line of such Railroad; (ii) the tract or lot of land in the City of Chattanooga, Hamilton County, Tennessee, bounded by Market Street, Georgia Avenue and Tenth Street, having a frontage of 165 feet on Market Street, 128 feet on Georgia Avenue, and 93 feet on Tenth Street; (iii) the tract or lot of land in the City of Chattanooga, Hamil ton County, Tennessee, situated at the corner of Market and Eleventh Streets, having a frontage of 61 feet on Market Street and extending back along Eleventh Street 167 feet; (iv) the square on the southwest corner of Peachtree and Cain Streets in the City of Atlanta, Georgia, on which the Governor's Mansion formerly stood; and (v) any Stateheld real property under the control of any State department, authority, agency, official or other instrumentality, when the head of such instru mentality, with the approval of the Governor, declares such property surplus and transfers control thereof to the Commission.

Section 91-103A. Commission; creation; members; officers; quo rum; meetings; seal; by-laws; compensation.-- (a) There is hereby cre ated within the Executive Branch of State Government a body to be known as the "State Properties Control Commission" which shall con sist of: the Governor; the President of the Senate; the Speaker of the House of Representatives; the Secretary of State; the Treasurer; the State Auditor; the Chairman of the Georgia Public Service Commission;
the Chairman of the State Institutions and Property Committee of the House of Representatives; a member of the House of Representatives to be elected by a majority vote of the House at the 1965 Regular Ses sion of the General Assembly, and biannually thereafter; the Chairman of the Public Utilities and Transportation Committee of the Senate; and a member of the Senate to be elected by a majority vote of the Senate at the 1965 Regular Session of the General Assembly, and biannually thereafter. Such State Institutions and Property Committee shall elect one of its members to serve on the Commission until such time as a member of the House is elected in the 1965 Regular Session as hereinabove provided. Such Public Utilities and Transportation Committee shall elect one of its members to serve on the Commission until such time as a member of the Senate is elected in the 1965 Regular Session as hereinabove provided.

WEDNESDAY, FEBRUARY 19, 1964

1077

(b) The Governor shall be the Chairman of the Commission, the State Auditor shall be its Vice Chairman, and the Secretary of State shall be its Secretary. Five members of the Commission shall constitute a quorum. No vacancy on the Commission shall impair the right of the quorum to exercise all the powers and perform all the duties of the Commission.
(c) Meetings shall be held whenever necessary to the performance of the duties of the Commission on call of the Chairman, Vice Chairman or three of its members. Minutes shall be kept of all meetings of the Commission and a record kept of the vote of each member on all ques tions coming before the Commission. The Secretary shall give to each member at least three days prior notice of the time and place of each meeting of the Commission.

(d) The Commission shall adopt a seal for its use, and by-laws for its own government and procedure.

(e) The legislative members of the Commission shall receive the same compensation as members of interim legislative committees while traveling to and from and in attending to the business to the Commis sion, and while traveling and on business as a member of a committee of the Commission when first authorized by the Commission, plus re imbursement for actual expenses necessarily incurred therewith. Such disbursements shall be paid from legislative funds. All other members of the Commission shall receive their necessary traveling and other expenses incurred in the performance of their duties. It is not the intent of the General Assembly to reduce by virtue of this Code the compensa tion of any State officer and it is hereby provided that the compensation for services on the Commission for a State officer serving thereon shall be the total of the amounts presently received by him under the agencies herein abolished.
Section 91-104A. Powers and duties of the Commission.--The Com mission shall have the power and duty:

(a) To lease to any person any part of the property;

(b) To prepare, in advance of advertising for bids as provided by Section 91-109A or instituting negotiation as provided by Section 91-110A, a thorough report of such data as will enable the Commission to arrive at a fair valuation of the property involved in such advertise ment or negotiation; and to include within such report at least two written appraisals of the value of such property which shall be made by persons familiar with property values in the area where such prop erty is situated; and in a case involving property having a fair market value in excess of $50,000, such appraisals shall be supplemented by an appraisal of the value of such property made by a qualified national appraisal agency; and, in the case of a lease having a remaining term in excess of five years from the effective date of this Code, to begin the preparation of such a report on such leasehold interest at least five years prior to the expiration of such term;

(c) To contract with any person for the preparation of a study or

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JOURNAL OF THE SENATE,

report as to actual values, lease values, insurance values, utilization, and any other data necessary or desirable to assist the Commission in the performance of its duties;

(d) To control, manage and preserve the property;

(e) To maintain at all times a current inventory of the property;

(f) To authorize the payment of any tax or assessment legally levied by the State of Tennessee, or any governmental subdivision thereof, upon any part of the property situated within the State of Tennessee;

(g) To insure the improvements on all or any part of the property against loss or damage by fire, lightning, tornado or other insurable casualty; and to insure the contents of any such improvement against such loss or damage;

(h) To periodically inspect any property under lease in order to determine whether it is being kept, preserved, cared for, maintained and operated in accordance with the provisions of the lease contract, and to take such action necessary to correct any violation of the pro visions of such contract;

(i) To deal with and dispose of any unauthorized encroachment upon, or use or occupancy of any part of the property, whether such encroachment, use or occupancy be permissive or adverse, or whether with or without claim of right therefor; to determine whether such en croachment, use or occupancy shall be removed or discontinued, or whether it shall be permitted to continue, and, if so, to what extent and upon what terms and conditions; to adjust, settle and finally dispose of any controversy that may exist or arise with respect to any such en croachment, use or occupancy in such manner and upon such terms and conditions as the Commission may deem to be in the best interests of the State; to take such action as the Commission may deem proper and expedient to cause the removal or discontinuance of any such encroach ment, use or occupancy; and to institute and prosecute in the name and on behalf of the State such suits and other legal proceedings as the Commission may deem appropriate for the protection of the State's in terest in or the assertion of the State's title to such property;

(j) To settle and adjust any claim or dispute of any kind what soever arising out of the operation or expiration of any lease of property or grant of rights in property; and, in the case of a lease of the Western and Atlantic Railroad, to make all settlements and adjustments touch ing the return of the Railroad, its appurtenances and property of every kind included in such lease, at the expiration of the same, in accordance with the terms and conditions of such lease, and thereafter make delivery to and take receipt from any new lessee of all property leased to such lessee; and
(k) To exercise such other powers and to perform such other duties as may be necessary or desirable to effectuate the purposes of this Code.

WEDNESDAY, FEBRUARY 19, 1964

1079

Section 91-105A. Power of eminent domain.--The Commission shall have the power to take or damage by condemnation, private property for public purposes of the State of Georgia upon first paying or tender ing to the owner just compensation. Such power shall be cumulative of any other power of eminent domain provided by law. Condemnation proceedings by the Commission acting for and on behalf of the State of Georgia shall take the form provided in Part II of Title 36 of the Code of Georgia, as amended or as the same may hereafter be amended, or in Chapter 36-11 of the Code of Georgia, as amended or as the same may hereafter be amended.
Section 91-160A. Personnel; merit and retirement systems.--(a) The Commission is authorized to employ on a full or part-time basis professional personnel, clerical and other employees as may be necessary to discharge the duties of the Commission.

(b) The Commission is authorized to promulgate a merit system of employment under which such employees shall be selected on the basis of merit.
(c) All employees of the Commission are hereby authorized to be members of the Employees' Retirement System of Georgia, established by an Act approved February 3, 1949 (Ga. Laws, 1949, p. 138), as amended or as the same may hereafter be amended. All rights, credits and funds in such Retirement System which are possessed by any person at the time of his employment with the Commission are hereby con tinued and preserved, it being the intention of the General Assembly that such person shall not lose any rights, credits or funds to which he may be entitled prior to being employed by the Commission.

Section 91-107A. Adoption of rules and regulations; penalties.-- (a) The Commission shall have the power to adopt, after reasonable notice and hearing thereon, such rules and regulations as it may deem appropriate in exercising its powers and performing its duties under this Code. Such rules and regulations so adopted by the Commission shall have the same dignity and standing as if their provisions were specifically stated in this Section.

(b) Any person who violates any rule or regulation adopted by the Commission, or who procures, aids or abets therein, shall be guilty of a misdemeanor.

Section 91-108A. Commission to determine the contents of instru ments; interesse termini limited.--(a) Subject to the limitations con tained in this Code, the Commission shall determine all of the provisions of each instrument executed by it.

(b) The Commission or any member thereof shall have no power to execute a lease under which the lessee would not obtain possession of the premises within a period of five years from the date of the lease and when it becomes operative.

Section 91-109A. Competitive bidding procedure concerning certain leases; acceptance or rejection of bid by General Assembly; execution

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JOURNAL OF THE SENATE,

of conveyance.-- (a) Any lease to a person under the provisions of Sub section (a) of Section 91-104A, which is intended to be operative for a period exceeding one year, shall be entered into in accordance with the provisions of this Section.

(b) Any such conveyance shall be made upon competitive bidding and the invitation for bids shall be advertised once a week for four con secutive weeks (i) in one or more newspapers of general circulation in the county or counties where the property to be bid upon is situated, and (ii) in one or more legal organs in Fulton County, Georgia. Prior to such advertising, the Commission shall perpare a proposed form of lease and other appropriate instructions which shall be furnished to prospective bidders under such conditions as the Commission may precribe.
(c) Each bid shall be submitted under seal to the Secretary of the Commission and shall be accompanied by a bid bond or other security as may be prescribed by the Commission. All bids shall be opened in public at the time specified in the invitation for bids and the Commis sion shall formally determine the highest responsible bidder, or the Commission shall have the right to reject any or all bids and to waive informalities in bidding.
(d) If the Commission formally determines the highest responsible bidder, the Commission shall prepare the instrument of lease in at least four counterparts, which shall be immediately signed by the prospective lessee whose signature shall be witnessed in the manner required for recording. Such signing shall constitute a bid by the prospective lessee and such bid shall not be subject to revocation unless it is rejected by the General Assembly as hereinafter provided for. One counterpart of such instrument shall then be transmitted to each House of the General Assembly if then in regular session and, if not, to the next regular session.

(e) If each House of the General Assembly during such regular session shall by a majority roll call vote accept such bid, then the Chair man of the Commission shall forthwith execute such lease for and on behalf of the Commission and, thereupon, both parties shall be bound by such lease. Such execution shall include the attachment to the lease of a certificate of the Secretary of State under seal showing that there has been recorded in his office a counterpart of such lease and any minutes of the Commission, advertisement, notice, invitation for bids, legislative resolution, and any other record concerning such lease. If either House shall fail or refuse to accept such bid at such regular ses sion, then the bid shall be deemed rejected.
Section 91-110A. Negotiation of lease of Western and Atlantic Railroad property; offer by prospective lessee; acceptance or rejection of offer by General Assembly; execution of lease.--(a) If the Commis sion determines that the use of the competitive bidding procedure pre scribed by Section 91-109A would adversely affect the interests of the State in securing a lessee to operate as a railroad the property of the Western and Atlantic Railroad used or useful for railroad purposes, then the Commission may enter into negotiations with any prospective

WEDNESDAY, FEBRUARY 19, 1964

1081

lessee or lessees for the operation of such railroad property without complying with the provisions of Section 91-109A.

(h) If the Commission and a prospective lessee can arrive at a mutually satisfactory form of lease, the Commission shall prepare same in at least four counterparts which shall be immediately signed by the prospective lessee whose signature shall be witnessed in the manner required for recording. Such signing shall constitute an offer by the prospective lessee and shall be accompanied by such security as may be prescribed by the Commission. Such offer shall not be subject to revo cation unless it is rejected by the General Assembly as hereinafter provided for. One counterpart of such instrument shall then be trans mitted to each House of the General Assembly if then in regular session, and, if not, to the next regular session.

(c) If each House of the General Assembly during such regular session shall by a majority roll call vote accept such offer, then the Chairman of the Commission shall forthwith execute such lease for and on behalf of the Commission and, thereupon, both parties shall be bound by such lease. Such execution shall include the attachment to the lease of a certificate of the Secretary of State under seal showing that there has been recorded in his office a counterpart of such lease and any minutes of the Commission, legislative resolution, and any other record concerning such lease. If either House shall fail or refuse to accept such offer at such regular session, then the offer shall be deemed rejected.

Section 91-111A. Conveyances to be recorded in office of Secretary of State.--Any State department, authority, agency, official or other instrumentality, hereafter granting, executing, delivering or receiving a conveyance concerning any real property held by the State shall forth with record an original of same or a true copy thereof in the office of the Secretary of State.

Section 91-112A. Records; public inspection.--The records of the Commission, including minutes, reports, studies, forms of instruments, bidding papers, notices, advertisements, invitations for bids, bids, exe cuted instruments and correspondence, shall be filed and recorded in the office of the Secretary of State. Such records shall be open to public inspection and may be inspected and copied by any citizen of the State during usual business hours at any time when they are not necessarily being used by the Commission, or its employees having duties to per form in reference thereto.

Section 91-113A. Specific repealer.--The following Acts are hereby repealed:

(a) An Act entitled "An Act to provide for the leasing and con trolling of the State's property in the City of Chattanooga, Tennessee, not covered by the Western & Atlantic Railroad Lease; to create a com mission to effectuate such purpose and define its powers and duties; and for other purposes.", approved March 28, 1935 (Ga. Laws, 1935, p. 468), as amended, and all Acts relative thereto:

(b) An Act entitled "An Act to authorize and empower the State

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JOURNAL OF THE SENATE,

of Georgia acting by and through the Governor, the State Auditor and the Attorney General, and with unanimous consent of said officials to take or damage by condemnation, private property for public purposes of the State of Georgia upon paying or tendering to the owner thereof just compensation, provided, however, the powers herein given shall neither supersede nor abridge the powers of condemnation given several ly to the State Highway Board of Georgia and the Regents of the Uni versity System of Georgia; to provide the manner of condemnation; to provide for setting up on the budget and payment of the contract price, or award and costs; and for other purposes." approved January 30, 1945 (Ga. Laws, 1945, p. 120);

(c) An Act entitled "An Act to provide for the leasing of the over head or underground rights or property not useful for railroad purposes, of the Western & Atlantic Railroad; for the creation of a commission to effecutate such lease; to define its powers and duties, to make ap propriation for the cost of the work required; to provide for the term of the lease or leases; to authorize the commission to appoint a secre tary and legal counsel; to provide-that the Commission may agree upon details of a formal lease, the terms not to intefere with any contract now existing between the State and present lessees; to provide for a deposit of bonds as collateral security for the faithful performance of all terms of said lease; to provide for a penalty for failure or refusal to pay monthly rental; to prohibit lessee from subletting without ap proval of Governor; to provide that if any part of said Act be held invalid or unconstitutional such decision shall not affect the validity of the re maining portion of this Act; to repeal all laws or parts of laws in con flict with this Act, and for other purposes.", approved February 17, 1950 (Ga. Laws, 1950, p. 408), as amended, and all Acts relative thereto;

(d) An Act entitled "An Act to provide that all leases of State property, which begin more than one year after execution shall be rati fied by the Senate; to provide that certain leases of State property shall be reviewed by the Attorney General, so as to ascertain whether the same may be cancelled; to repeal conflicting laws; and for other pur poses.", approved March 9, 1956 (Ga. Laws, 1956, p. 728); and

(e) An Act entitled "An Act to authorize the Western and Atlantic Railroad Commission to hear proposals, to consider, to confer with others, and to make recommendations to the General Assembly concern ing proposals to lease or to option any non-railroad property under its jurisdiction, provided that no such lease or option shall interfere with the rights of the present lessee of the Western and Atlantic Railroad Commission without its consent; to define non-railroad property; to repeal conflicting laws, and for other purposes.", approved March 17, 1959 (Ga. Laws, 1959, p. 365.)
Section 91-114A. Negation of revivor.--The repeal of any Act of the General Assembly, or part thereof, described in Section 91-113A, shall not revive any act, or part thereof, heretofore repealed or super seded.
Section 91-115A. General repealer.--All other laws or parts of laws in conflict with this Code are hereby repealed.

WEDNESDAY, FEBRUARY 19, 1964

1083

Senator Loggins of the 53rd offered the following amendment to the substitute:

Amend HB 1030 by striking in its entirety Subsection (a) of Code Section 91-103A and substituting in lieu thereof the following:

"(a) There is hereby created within the Executive Branch of State Government a body to be known as the 'State Properties Con trol Commission' which shall consist of: the Governor; the President of the Senate; the Speaker of the House of Representatives; the Secretary of State; the Treasurer; the State Auditor; the Chairman of the Georgia Public Service Commission; the Chairman of the State Institutions and Property Committee of the House of Repre sentatives; and the Chairman of the Public Utilities and Transporta tion Committee of the Senate."; and

By renumbering Code Sections 91-113A through 91-115A as Code Sections 91-114A through 91-116A, respectively;

By striking from the title the phrase "to repeal conflicting laws;" and inserting in lieu thereof the following phrase: "to provide that any lessee of the Western and Atlantic Railroad shall be subject to the regu lation of the Georgia Public Service Commission; to repeal conflicting laws;", and

By adding following Code Section 91-112A a new Code Section 91-113A to read as follows:

"91-113A. Lessee of Western and Atlantic Railroad subject to regulation by Georgia Public Service Commission.--Any lessee of the Western and Atlantic Railroad in operating it or any part there of for railroad purposes shall be subject to the regulation of the Georgia Public Service Commission.".

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 as amended, the ayes were 35, nays 0, and 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 37, nays 0.

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

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JOURNAL OF THE SENATE,

SR 189. By Senator Downing of the 1st:

A RESOLUTION

Proposing an amendment to the Constitution, so as to authorize the General Assembly to provide by law for the classification of personal property, which is temporarily consigned to a storage facility in this state while in transit there through, as a separate class of tangible property for ad valorem taxation purposes and to provide for its ex emption therefrom; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section I, of the Constitution is hereby amended by adding between Paragraphs III and IV, a new Paragraph to be numbered Paragraph III A, and to read as follows:

"Paragraph III A. The General Assembly is authorized to pro vide by law for the classification of personal property, which is temporarily consigned to a storage facility in this state while in transit there through, as a separate class of tangible property for ad valorem taxation purposes and to provide for its exemption therefrom."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken there on, 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 provide for the classification and exemption from ad valorem tax ation of personal property while in transit through this state.

"Against ratification of amendment to the Constitution so as to provide for the classification and exemption from ad valorem taxation of personal property while in transit through this state."

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

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re-

WEDNESDAY, FEBRUARY 19, 1964

1085

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 Byrd Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Hall
Holloway Jackson

Kendrick Kidd Knox Lee Loggins Miller Moore McKinnon McWhorter Noble Oliver Pelham
Phillips Plunkett

Rowan Salome Scott Searcey Smith Spinks Thomas Tribble Webb Yancey Young Zorn

Those voting in the negative were Senators:

Maclntyre

Smalley

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

On the adoption of the resolution, the ayes were 40, nays 2.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HB 1013. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend Title 92, Div. I, Part IX, Chapter 92-32 of the 1933 Code of Georgia so as to provide a new schedule of penalties for failure to file a timely return, and for filing of a false or fraudulent return; and for other purposes.

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JOURNAL OF THE SENATE,

Senator Carlton of the 21st asked unanimous consent that HB 1013 be post poned to February 20, 1964.

The consent was granted.

HB 871. By Mr. Smith of Camden:
A bill to amend an act revising, consolidating, and superseding the laws relative to game and fish; so as to prohibit crab fishing in any part or portion of St. Andrews Sound with power-drawn nets during the closed season on shrimp; and for other purposes.

The report 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 10.

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

Senator Gayner of the 5th gave notice that at the proper time he would move that the Senate reconsider its action on HB 871.

HR 449. By Mr. Jones of Lumpkin:
A resolution proposing an amendment to the Constitution so as to pro vide for two additional members of the Board of Education of Lumpkin County; and for other purposes.

Senator Owens of the 49th asked unanimous consent that HB be recommitted to the Committee on Rules.
The consent was granted.
HR 406. By Mr. Teague of Cobb:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for increased homestead exemption for certain persons sixty-five (65) years of age; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

WEDNESDAY, FEBRUARY 19, 1964

1087

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:

SECTION 1.

Article VII, Section I, Paragraph IV of the Constitution, relating to exemption from taxation, is hereby amended by adding at the end there of a new paragraph to read as follows:

"Each person who is sixty-five (65) years of age or over and who does not have an income from all sources exceeding $3,000.00 per annum is hereby granted an exemption of $4,000.00 on his homestead which he owns and which he actually occupies as a resi dence, such exemption being from all State and county ad valorem taxes. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he receives and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. The increased ex emption provided for herein shall apply to all taxable years begin ning after December 31, 1964."
SECTION 2.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to provide for increased homestead exemption for certain persons sixty-five (65) years of age or over.
"Against ratification of amendment to the Constitution so as to provide for increased homestead exemption for certain persons sixty-five (65) years of age or over."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

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JOURNAL OF THE SENATE,

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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.

Senator McWhorter of the 43rd offered the following amendment:
Amend HR 406 by adding in section 1 after the words "per annum" the following, ", exclusive of any social security benefits,".
On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
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:

Brown of 34th Byrd Carlton Coggin Downing Ellis Fuqua Gayner Gillis Gordy Heard Holloway Hunt Jackson

Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Loggin Maclntyre Miller Moore McKinnon McWhorter Noble Owens Pelham

Pennington Phillips Plunkett Rowan Salome Searcey Smith Spinks Thomas Tribble Webb Wesberry Yancey Young

Those voting in the negative were Senators:

Carter

Smalley

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

On the adoption of the resolution, the ayes were 42, nays 2.

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

WEDNESDAY, FEBRUARY 19, 1964

1089

A bill to amend an act exempting certain motor vehicles from the pro visions of Ch. 68-6 of the Code of Georgia of 1933, concerning the regu lation of "motor common carriers", so as to provide that certain provi sion shall not apply to motor vehicles commonly known as tow trucks or wreckers, designed and exclusively used in the business of towing or otherwise rendering assistance to abandoned, disabled and wrecked 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 34, nays 0.

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

HB 1064. By Mr. Isenberg of Glynn: A bill to amend an act known as the "Motor Fuel Tax Law", as amended, so as to authorize a refund of all State taxes, except Itf per gallon on all gas for watercraft which contains fuel storage capacities in excess of 50 gallons when such gas is purchased at any facility located upon any part of what is commonly known as the intercoastal waterway; and for other purposes.
The report 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 884. By Mr. Laite of Bibb: A bill relating to licensing of dealers of firearms, so as to exclude gun collectors; and for other purposes.
The report 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 1.
HB 1000. By Mr. Busbee of Dougherty:

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JOURNAL OF THE SENATE,

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

HB 984. By Messrs. Newton and Milhollin of Coffee:
A bill to define the terms "agricultural products", "agricultural com modities", and "farm products", as used in the laws of this State except as otherwise specifically defined by law; and for other purposes.

The Committee on Agriculture and Natural Resources offered the following amendment:
Amend HB 984 1. By inserting in the title of the bill after the word "law" followed by a semicolon and before the word "to" the words "to provide that this definition shall apply to refunds under the 'Motor Fuel Tax Law' (Ga. Laws 1937, page 167, et seq.), as amended; to pro vide that this definition shall not apply to the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. Laws 1951, page 360, et seq.), as amended;" so that the title of HB 984 shall read as follows:
"To be entitled an Act to define the terms 'agricultural prod ucts,' 'agricultural commodities,' and 'farm products,' as used in the laws of this State except as otherwise specifically defined by law; to provide that this definition shall apply to refunds under the 'Motor Fuel Tax Law' (Ga. Laws 1937, page 167, et seq.), as amended; to provide that this definition shall not apply to the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. Laws 1951, page 360, et seq.), as amended; to repeal conflicting laws; and for other purposes."
2. By replacing the period following the word "grasses" in the fourth line of Section 1 with a semicolon and adding thereafter the fol lowing: "provided, that this definition shall apply to refunds under the 'Motor Fuel Tax Law' (Ga. Laws 1937, page 167, et seq.), as amended; provided further, that this definition shall not apply to the Georgia Re tailers' and Consumers' Sales and Use Tax Act (Ga. Laws 1951, page 360, et seq.), as amended" so that said Section 1 of said bill, as thus amended, shall read as follows:
"Except as otherwise specifically defined by law, the terms 'agricultural products,' 'agricultural commodities' and 'farm prod ucts,' as used in the laws of this State shall include field grown horticultural products, both ornamental and floricultural, and turf grasses; provided, that this definition shall apply to refunds under the 'Motor Fuel Tax Law' (Ga. Laws 1937, page 167, et seq.), as amended; provided further, that this definition shall not apply to the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. Laws 1951, p. 360, et seq.), as amended."
On the adoption of the amendment, the ayes were 29, nays 0, and the amend ment was adopted.

WEDNESDAY, FEBRUARY 19, 1964

1091

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 989. By Messrs. Caldwell of Upson, Shea of Chatham, Rowland of Johnson, Laite of Bibb, Echols of Upson, Peterson of Houston and others:
A bill to amend an act providing retirement benefits for the clerks of the superior courts of Georgia, so as to increase the contributions re quired of clerks of the superior courts to be paid into the retirement fund; and for other purposes.

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

On the passage of the bill, the ayes were 34, nays 0.

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

HB 991. By Messrs. Caldwell and Echols of Upson, Shea of Chatham, Rowland of Johnson, Laite of Bibb and others: A bill to amend an act providing for retirement benefits for the clerks of the superior courts, so as to change the membership of the board of commissioners of the superior court clerks' retirement fund; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1067. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, Andrews of Stephens and Melton of Spalding:

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JOURNAL OF THE SENATE,

A bill to amend code section 32-503, relating to the bond and oath of the State Superintendent of Schools, so as to increase the bond; and for other purposes.

The report 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 1063. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, and Andrews of Stephens: A bill to amend an act known as the "University System Building Au thority Act", so as to remove the prohibition relative to the issuance of bonds based on the percentage of income available to the Board of Regents; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 850. By Mr. House of Bibb: A bill to amend an act relating to the inspection and regulation of drugs, so as to grant certain police powers and authority to the Chief Drug Inspector and his assistants; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority was passed.

WEDNESDAY, FEBRUARY 19, 1964

1093

\

HB 1065. By Messrs. Harrington and Chandler of Baldwin:

:

A bill to amend code section 32-111 so as to change the sums, expenses

and costs received by the members of the Board of Regents of the

University System of Georgia while attending meetings and on tours

of inspection; and for other purposes.

The report 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 936. By Messrs. Conner of Jeff Davis and Johnson of Elbert: A bill to amend an act defining "reciprocal" insurance, so as to provide that reciprocal agreements or contracts of indemnity executed prior to March 8, 1960 creating funds for the purpose of satisfying the obliga tions of self-insured employers under the Workmen's Compensation Act 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 36, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 931. By Messrs. Lee, Busbee and Odom of Dougherty: A bill to amend an act so as to provide that any husband who abandons his wife while she is pregnant shall be guilty of a misdemeanor; and for other purposes.
The report 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.

1094

JOURNAL OF THE SENATE,

HB 525. By Messrs. Pafford of Lanier, Gibbons of Lowndes, Wilkes of Cook, Walker of Lowndes and Knight of Berrien:
A bill to amend an act relating to State Senatorial Districts, so as to provide for a change in the composition of two districts; and for other purposes.

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

On the passage of the bill, the ayes were 32, nays 3. The bill, having received the requisite constitutional majority, was passed.

HB 1001. By Mr. Busbee of Dougherty:
A bill to amend an act defining certain terms concerning the regulation of "motor carriers", so as to provide that the term "motor carrier" shall not include motor vehicles commonly known as tow trucks or wreckers, designed and exclusively used in the business of towing or otherwise rendering assistance to abandoned, disabled and wrecked ve hicles; and for other purposes.

The report 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 1081. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, and Andrews of Stephens:
A bill to amend an act known as the General Appropriation Act, so as to provide that the Board of Education, with the approval of the Budget Bureau, may use a certain amount of educational funds for the purpose of establishing a program for mentally retarded, educable, blind children; and for other purposes.

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

WEDNESDAY, FEBRUARY 19, 1964

1095

The bill, involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Brown of 34th Carlton
Carter Coggin Conway Downing Ellis Fincher Gayner Gillis Gordy Heard Holloway Jackson

Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Loggins Maclntyre Miller Moore McKinnon McWhorter Owens Pelham Pennington Phillips

Plunkett Rowan Salome Scott Searcey Smalley
Smith Spinks Thomas Tribble Webb Yancey Young Zorn

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 majority, was adopted.
The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President:
The House has disagreed to the Senate amendments to the following bill of the House:
HB 162. By Messrs. Keyton of Thomas and Greene of Bartow: A bill comprehensively and exhaustively to revise, supersede, con solidate, and codify the laws relating to Public Health; and for other purposes.
The following bill of the House was taken up for the purpose of considering House action thereto:

1096

JOURNAL OP THE SENATE,

HB 162. By Messrs. Keyton of Thomas and Greene of Bartow:
A bill comprehensively and exhaustively to revise, supersede, consolidate and codify the laws relating to public health; and for other purposes.

Senator Miller of the 50th moved that the Senate insist on its position and that a Committee of Conference be appointed.

On the motion, the ayes were 40, nays 0, and the motion prevailed.

The president appointed as a Committee of Conference the following:

Senators Smalley of the 28th, Ellis of the 44th and Zorn of the 6th.

Senator Smalley of the 28th asked unanimous consent that he be recorded as "present and not voting."

The consent was granted.

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 321. SB 353. SB 354. SB 359. SB 360. SR 189. SR 202.
Respectfully submitted, Pelham of 10th District, Chairman.

WEDNESDAY, FEBRUARY 19, 1964

1097

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 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 185.

SB 200.

Respectfully submitted,

Pelham of 10th District,

Chairman.

HR 339. By Mr. Bynum of Rabun:
A resolution authorizing the leasing of a certain tract of land in Black Rock Mountain State Park; 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.

HB 844. By Mr. Story of Gwinnett:
A bill to amend an act creating the Teachers Retirement System as to contributions; and for other purposes.

Senator Kendrick of the 32nd asked unanimous consent that HB 844 be post poned to February 20, 1964.

The consent was granted.
Senator Webb of the llth 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.

1098

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Thursday, February 20, 1964.

The Senate met pursuant to adjournment this morning at 10:00 o'clock and was called to order by the president.

Scripture reading was offered by the Reverend Charles Middlebrooks, pastor, First Methodist Church, Milledgeville, Georgia.

Prayer was offered by the Reverend W. Norris Wilkerson, pastor, Fellow ship Baptist Church, Plant Atkinson Road, Route 1, Smyrna, Georgia.

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

Senator Gayner of the 5th moved that the Senate reconsider its action of yesterday on the following bill of the House.

HB 871. By Mr. Smith of Camden:
A bill to amend an act revising, consolidating and superseding the laws relative to Game and Fish; so as to prohibit crab fishing in any part or portion of St. Andrews Sound with power-drawn nets during the closed season on shrimp; and for other purposes.

On the motion to reconsider, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Carter Coggin Gayner

Maclntyre Oliver Pennington Rowan

Salome Smalley Wesberry Young

Those voting in the negative were Senators:

Brewer Brown of 34th Carlton Conway Downing Ellis Fincher Heard

Hunt Johnson of 42nd Kendrick Kidd McKinnon McWhorter Pelham Phillips

Plunkett Thomas Tribble Webb Yancey Zorn

THURSDAY, FEBRUARY 20, 1964

1099

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

On the motion to reconsider, the ayes were 12, nays 22, and the motion was lost.

Senator Kidd of the 25th moved that the Senate reconsider its action of yes terday on the following bill of the Senate:

HB 155. By Messrs. Pope and Coker of Cherokee:
A bill to authorize the various departments and agencies of the State to deduct from the salaries and wages of State employees, amounts for the payment of deposits and payments of indebtedness to credit unions; and for other purposes.

On the motion to reconsider, the ayes were 14, nays 15, 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 Carlton of the 21st asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

The consent was granted.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the Senate to-wit:

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JOURNAL OP THE SENATE,

SB 211. By Senators Maelntyre of the 40th, Coggin of the 35th 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.

SB 252. By Senators Maelntyre of the 40th, Brewer of the 39th and others:
A bill to amend an act establishing a now charter for the City of Roswell, so as to change the corporate limits of said City; and for other purposes.

SB 262. By Senators Maelntyre of the 40th, Wesberry of the 37th and others:
A bill to amend an act establishing a new charter for the City of Roswell, so as to provide the date of general elections of the City of Roswell; and for other purposes.

SB 293. By Senator Smith of the 18th:
A bill to amend an act creating a new charter for the City of Perry, so as to provide for numbered city council posts; and for other purposes.

SB 322. By Senator Smith of the 18th:
A bill to place the Clerk of the Superior Court of Houston County upon an annual salary in lieu of the fee system of compensation; and for other purposes.

SB 323. By Senator Smith of the 18th:
A bill to place the Tax Commissioner of Houston County upon an annual salary in lieu of the fee system; and for other purposes.

SB 324. By Senator Smith of the 18th:
A bill to place the Ordinary of Houston County upon an annual salary in lieu of the fee system of compensation; and for other purposes.

SB 325. By Senator Smith of the 18th:
A bill to place the Sheriff of Houston County upon an annual salary in lieu of the fee system of compensation; and for other purposes.

SB 339. By Senators Kendrick of the 32nd and Yancey of the 33rd:
A bill to amend an act providing a new charter for the City of Marietta, so as to change the corporate limits of said city; and for other purposes.

THURSDAY, FEBRUARY 20, 1964

1101

SB 314. By Senator Thomas of the 54th:
A bill to amend, revise, supersede and consolidate the laws pertaining to the governing authority of Whitfield County, Ga., to create a Board of Commissioners of Roads and Revenues for Whitfield County; and for other purposes.

SB 305. By Senator Miller of the 50th:
A bill to amend an act creating the North Ga. Mountains Commission, and for other purposes.

SB 286. By Senators Kendrick of the 32nd and Yancey of the 33rd:
A bill to amend an act, so as to extend the corporate limits of the town of Austell; and for other purposes.

SB 316. By Senators Puqua of the 22nd and Scott of the 23rd:
A bill to amend an act creating a board of commissioners of roads and revenues for the county of Richmond; and for other purposes.

SB 315. By Senators Scott of the 23rd and Fuqua of the 22nd: A bill to amend an act creating a board of commissioners of roads and revenues for the county of Richmond; and for other purposes.
SB 345. By Senators Phillips of the 27th and Hunt of the 26th: A bill to authorize Bibb County to enter into agreements with any municipality within the limits of Bibb county for the constructions and maintenance of any public roads, etc.; and for other purposes.
The House has agreed to the Senate substitutes to the following bills and resolutions of the House:
HR 441. By Messrs. Chandler and Harrington of Baldwin: A resolution proposing an amendment to the constitution so as to author ize the Mayor and Aldermen of the City of Milledgeville to acquire and operate off-street parking facilities; and for other purposes.
HR 440. By Messrs. Chandler and Harrington of Baldwin: A resolution proposing an amendment to the Constitution so as to author ize the governing authority of Baldwin County to acquire and operate off-street parking facilities; and for other purposes.

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JOURNAL OF THE SENATE,

HR 446. By Messrs. Chandler and Harrington of Baldwin:
A resolution proposing an amendment to the Constitution so as to author ize the Mayor and Aldermen of the City of Milledgeville to issue revenue bonds; and for other purposes.

HR 447. By Messrs. Chandler and Harrington of Baldwin:
A resolution proposing an amendment to the Constitution so as to author ize the governing authority of Baldwin County to issue revenue bonds; and for other purposes.

The House has agreed to the Senate amendment to the following bill of the House:

HB 542. By Mr. Mackay of DeKalb:
A bill to define the legal status and non-liability of a fiduciary, when obeying the exercise of fiduciary powers in and by another co-fiduciary, committee or person to direct investments; and for other purposes.

The House has passed as amended the following bills of the Senate:

SB 295. By Senators Kendrick of the 32nd and Yancey of the 33rd:
A bill to amend an act incorporating the City of Powder Springs, so as to extend the corporate limits of the City of Powder Springs; and for other purposes.

SB 249. By Senators Pennington of the 45th and Fuqua of the 22nd:
A bill to amend an act known as the "Stone Mountain Memorial Associa tion Act", so as to redefine the term "bonds"; and for other purposes.

SB 176. By Senators Carlton of the 21st and Webb of the llth:
A bill to require that all construction of public works contracts entered into by the various agencies of the State Government shall be conducted and negotiated by the Supervisor of Purchases; and for other purposes.

The House has agreed to the Senate amendments to the following bills and resolutions of the House:

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 Govern-

THURSDAY, FEBRUARY 20, 1964

1103

ing Authority of Cobb County, for regulatory and revenue purposes; and for other purposes.

HB 1154. By Messrs. Killian and Isenberg of Glynn:
A bill to amend the Charter of the City of Brunswick, so as to include therein certain territory in the County of Glynn contiguous to and north, northwest and west thereof; and for other purposes.

HB 1135. By Messrs. Moore and Dean of Polk:
A bill to amend an act placing the Coroner of Polk County on a salary basis, so as to change the salary of the Coroner; and for other purposes.

HB 1134. By Messrs. Moore and Dean of Polk:
A bill to amend an act establishing the City Court of Polk County, so as to change the salary of the Solicitor of the City Court, and to change the salary of the Judge of the City Court; and for other purposes.

HB 1145. By Mr. Steis of Harris:
A bill to amend an Act incorporating the Town of Chipley, so as to extend the corporate limits of the Town of Pine Mountain; and for other purposes.

HB 1114. By Messrs, McClelland and Brooks of Fulton:
A bill to amend an act establishing rules and regulations governing the payment of pensions to Fulton County employees, so as to provide in creased pensions for certain officers and employees; and for other purposes.

HB 881. By Messrs. Lowrey and Jordan of Floyd:
A bill to amend an act abolishing the offices of Tax Receiver and Tax Collector of Floyd County, relating to fees, commission costs; and for other purposes.

HB 880. By Messrs. Lowrey and Jordan of Floyd:
A bill to amend an act so as to provide that in certain counties if the tax collector or tax commissioner is on a salary, the commissions provided for collecting certain taxes shall be paid to the county and shall be county funds; and for other purposes.

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JOURNAL OP THE SENATE,

HB 711. By Mr. Floyd of Chattooga:
A bill to amend an act creating a Commissioner of Roads and Revenues of Chattooga County, so as to provide for the audit of certain county officers and the publication of summaries thereof; and for other pur poses.

HB 16. By Mr. Ployd 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.

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

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

HB 13. By Mr. Ployd 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 12. By Mr. Ployd 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 11. By Mr. Ployd 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 pvirposes.

The House has agreed to the Senate substitutes to the following bills and resolutions of the House:
HB 1008. By Mr. Smith of Telfair: A bill to amend an act incorporating the Town of Scotland so as to grant the authority to make various concessions to industries seeking to locate

THURSDAY, FEBRUARY 20, 1964

1105

within the corporate limits of said municipality and the authority to aid in the financing of said industries; and for other purposes.

HB 1151. By Mr. Fowler of Douglas: A bill to abolish the present mode of compensating the Clerk of the Superior Court, the Sheriff, the ordinary and Tax Commissioner of Douglas County, known as the fee system; and for other purposes.
HR 409. By Messrs. Mackay and Harris of DeKalb: A resolution relative to the erection of flags at Stone Mountain; and for other purposes.
HR 184. By Mr. Underwood of Montgomery: A resolution proposing an amendment to the Constitution so as to pro vide that the Board of Commissioners of Roads and Revenues or other governing authorities in all counties shall have the right to assess license fees from all persons; and for other purposes.
The House has passed by the requisite constitutional majority the following bill of the Senate by substitute to-wit:

SB 276. By Senators Webb of the llth, Smalley of the 28th, Lee of the 47th, Hunt of the 26th, Spinks of the 9th, Smith of the 18th, Moore of the 31st, Broun of the 46th, Owens of the 49th, and Miller of the 50th: A bill relating to congressional districts and the composition thereof, so as to designate the counties and portions thereof which shall compose the ten congressional districts of Georgia; to repeal conflicting laws; and for other purposes.
The following bills and resolutions were read the second time:
HR 200. By Mr. Rutland of DeKalb: A resolution to compensate Paul T. Kane; and for other purposes.

HR 321. By Mr. McClelland of Fulton: A resolution to compensate Lawrence Moore; and for other purposes.

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JOURNAL OP THE SENATE,

HR 323. By Messrs. Richardson, Shea and Funk of Chatham:
A resolution compensating Mrs. Isabelle C. Oemler; and for other pur poses.

HR 344. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, and others:
A resolution to amend a resolution creating the "Constitution Revision Commission", so as to clarify the provisions relating to compensation for certain members; and for other purposes.

HR 370. By Mr. Simmons of Banks: A resolution compensating Mrs. Louis Bruce; and for other purposes.

HR 477. By Mr. Smith of Camden:
A resolution proposing an amendment to the Constitution so as to create a Camden County Board of Tax Assessors; and for other purposes.

HR 478. By Mr. Smith of Forsyth:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Forsyth County by the people; and for other purposes.

HR 479. By Mr. Smith of Forsyth:
A resolution proposing an amendment to the Constitution so as to pro vide that the members of the Board of Education of Forsyth County shall elect a county school superintendent for Forsyth County; and for other purposes.

HR 482. By Messrs. House, Groover of Bibb and Roberts of Jones:
A resolution proposing an amendment to the Constitution so as to pro vide that the board of registrars of any county in which the City of Macon shall be situated shall furnish upon request complete voter list of registered voters residing in the City of Macon; and for other purposes.

HR 483. By Mr. Smith of Whitfield:
A resolution proposing an amendment to the Constitution so as to provied for the division of Whitfield County into school districts and for the election of members of the county board of education from such dis tricts; and for other purposes.

THURSDAY, FEBRUARY 20, 1964

1107

HR 485. By Messrs. Towson and Knight of Laurens:
A resolution proposing an amendment to the Constitution so as to pro vide that members of the Board of Education of Laurens County take office on the 1st day of January immediately following their election; and for other purposes.

HR 495. By Messrs. Griffin and Conger of Decatur:
A resolution providing for the compilation and development of a Registry of Blind Persons residing within the State; and for other purposes.

HR 496. By Messrs. Lowrey and Jordan of Floyd:
A resolution proposing an amendment to the Constitution so as to pro vide a method for consolidation or merger of county school districts and independent school systems within Floyd County; and for other purposes.

HR 498. By Messrs. Bedgood and Matthews of Clarke:
A resolution proposing an amendment to the Constitution so as to author ize the General Assembly to provide for the election by the people of the members of the Clarke County Board of Education from election districts within said county; and for other purposes.

HR 500. By Mr. Dixon of Ware:
A resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Ware County by the people; and for other purposes.

HR 502. By Messrs. Shea, Funk and Richardson of Chatham:
A resolution proposing an amendment to the Constitution so as to pro vide for the elimination of the duties of certain officers of Chatham County; and for other purposes.

HR 506. By Messrs. Harris and Mackay of DeKalb:
A resolution proposing an amendment to the Constitution so as to pro vide that DeKalb County shall have the authority to levy a tax for the purpose of paying the administrative costs of collecting actual pro rata costs of the construction of lateral sanitary sewers from owners of abut ting undeveloped property; and for other purposes.

HR 519. By Mr. Carr of Washington:
A resolution proposing an amendment to the Constitution so as to author ize Washington County to levy a tax not to exceed 2 mills for the pur-

1108

JOURNAL OF THE SENATE,

pose of creating a fund to be used in assisting, promoting and encourag ing the location of industries in Washington County; and for other purposes.

HR 520. By Messrs. Newton and Matthews of Colquitt:
A resolution proposing an amendment to the Constitution so as to em power Colquitt County with the authority to participate in group hospitalization insurance policies or contracts, etc.; and for other purposes.

HR 418. By Messrs. Hull, Fleming and Bell of Richmond:
A resolution authorizing the Governor to convey certain easements over State owned property; and for other purposes.

HR 501. By Mr. Ballard of Newton:
A resolution authorizing the expenditure of incidental and other ex penses in connection with Fiftieth National Convention of American Association State Highway Officials; and for other purposes.

HR 505. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A resolution to reactivate the Local Education Commission, to make fur ther investigations and submit plans for the improvement of the educa tional system of Fulton and DeKalb County; and for other purposes.

HR 517. By Mr. Carr of Washington:
A resolution proposing an amendment to the Constitution so as to author ize the governing authority of Sandersville to levy a tax not to exceed 5 mills for the purpose of creating a fund to be used in assisting, promot ing and encouraging the location of industries in Sandersville and Wash ington County; and for other purposes.

HR 518. By Mr. Carr of Washington:
A resolution proposing an amendment to the Constitution so as to create the Washington County Development Authority; and for other purposes.

HB 1258. By Messrs. House and Laite of Bibb:
A bill to amend an act establishing the City Court of Macon, so as to authorize the Judge to promulgate rules and regulations allowing a de fendant charged with a traffic violation to appear and dispose of said case; and for other purposes.

THURSDAY, FEBRUARY 20, 1964

1109

HR 1259. By Messrs. Abney and Snow of Walker:
A bill to amend the Charter of the City of Rossville, so as to authorize the Mayor and Council to assess, levy and collect an ad valorem tax upon all property within said city; and for other purposes.

HB 1260. By Messrs. Dicus, Jones and Pickard of Muscogee:
A bill entitled "An Act to combine the Department of Health of the City of Columbus with the Department of Health of Muscogee County"; and for other purposes.

HB 1261. By Mr. Smith of Habersham:
A bill to amend Code Section 24-1801, so as to authorize the ordinaries in counties having a population between 18,110 and 18,120 to hire a clerk whose salary shall be paid from county funds; and for other purposes.

HR 390. By Messrs. Mitchell and Smith of Whitfield:
A resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court and the Ordinary of Whitfield County, and for other purposes.

HB 1253. By Mr. Beck of Twiggs: A bill to amend an act establishing a new charter for the City of Jeffer sonvi lie, so as to provide for the time of holding municipal elections; and for other purposes.
HB 1254. By Mr. Beck of Twiggs: A bill to amend an act establishing a new charter for the Town of Dan ville, so as to provide for fire districts in said city and fire regulations therein; and for other purposes.
HB 1255. By Mr. McCracken of Jefferson: A bill to amend an act incorporating the Town of Stapleton, so as to change the date on which the Mayor and councilmen are elected, and for other purposes.
HB 1256. By Mr. Reaves of Brooks: A bill to amend an act creating a new charter for the City of Quitman, so as to reduce from 5 to 3 the number of city commissioners; and for other purposes.

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JOURNAL OF THE SENATE,

HB 1257. By Messrs. House and Laite of Bibb:
A bill to amend an act establishing the City Court of Macon, so as to pro vide for the use of microfilm equipment to record court records; and for other purposes.

HB 1239. By Mr. Mackay of DeKalb:
A bill to amend Code Section 6-1611 relating to decisions which shall bind the Court of Appeals; and for other purposes.

HB 1246. By Mr. Blair of Sumter:
A bill to amend an Act relating to motor vehicle licenses, so as to provide that non-resident vehicles may haul seasonal agricultural products grown in this State upon the payment of a fee on a prorated daily basis; and for other purposes.

HB 1249. By Mr. Baughman of Early:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Early, so as to provide that the Clerk of the Board of County Commissioners shall receive $100.00 per month; and for other purposes.

HB 1250. By Messrs. Payton and Blalock of Coweta:
A bill to amend an Act to amend an Act incorporating the Town of Turin, so as to change the corporate limits; and for other purposes.

HB 1251. By Messrs. Payton and Blalock of Coweta:
A bill to amend an Act creating a new charter for the Town of Sharpsburg, in the County of Coweta, so as to change the corporate limits; and for other purposes.

HB 1252. By Messrs. Payton and Blalock of Coweta:
A bill to amend an Act incorporating the Town of Turin, so as to author ize the Town of Turin to acquire, operate and maintain a water system and plant; and for other purposes.

HB 689. By Mr. Ponsell of Ware:
A bill to provide for clearance by quiet title proceedings of defects in real estate titles; and for other purposes.

THURSDAY, FEBRUARY 20, 1964

1111

HB 895. By Messrs. Cullens of Bartow, Bagby of Paulding, Odom of Dougherty, Floyd of Chattooga and Shea of Chatham and others:
A bill to amend an act providing the manner in which liability insurers may compromise and settle claims of third persons against their insureds, so as to provide that covenants not to sue shall be excluded from the pro visions of said act; and for other purposes.

HB 954. By Mr. Ponsell of Ware:
A bill to consolidate the offices of tax collector and tax receiver of Ware County into the one office of Tax Commissioner of Ware County; and for other purposes.

HB 1034. By Messrs. McClelland, Etheridge and Brooks of Fulton: A bill providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees, so as to change the provisions as to maixmum pension benefits; and for other purposes.
HB 1054. By Messrs. Conner of Jeff Davis and Smith of Camden: A bill to provide for a Bank Examiner Pension Fund; and for other purposes.

HB 1141. By Messrs. Brooks and McClelland of Fulton:
A bill to amend an Act providing that certain cities having a population of more than 150,000, shall furnish pensions to officers and employees, so as to provide that an officer or employee may designate certain per sons as beneficiaries; and for other purposes.

HB 937. By Mr. Ballard of Newton:
A bill to amend an act making and providing appropriations for the fiscal year, so as to provide for the deletion of certain language from Section 26 of said act dealing with 100% Federal Funds; and for other purposes.

HB 1057. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill establishing a new charter for the City of Atlanta, relating to im provements at the Zoo in Grant Park; and for other purposes.

HB 1227. By Messrs. McClelland and Brooks of Fulton: A bill to amend an act authorizing the Board of Commissioners of Roads

1112

JOURNAL OP THE SENATE,

and Revenues of Fulton County to establish rules and regulations gov erning the payments of pensions to county employees; and for other purposes.

HB 1245. By Messrs. Morgan and Story of Gwinnett: A bill to incorporate the City of Suwanee; and for other purposes.

HR 56. By Mr. Smith of Grady: A resolution to compensate Julius W. Johnson; and for other purposes.

HR 149. By Messrs. Lane and Nessmith of Bulloch:
A resolution to compensate Mr. and Mrs. James Collins; and for other purposes.

HR 195. By Mr. Williams of Hall: A resolution to compensate Monte F. Trout; and for other purposes.

HB 899. By Messrs. Rowland of Johnson, Carr of Washington, Sinclair of Macon, Russell of Thomas and Smith of Telfair:
A bill to amend an act so as to provide that neither the principal nor the surety on the bond of the head of any State Department shall be liable for the failure of an employee to account for any public money if em ployee is bonded in an amount deemed adequate by the head of the de partment and the State Auditor; and for other purposes.

HR 364. By Messrs. Keyton and Russell of Thomas:
A resolution to designate the "William Fred Scott Sr. Highway"; and for other purposes.

HR 459. By Messrs. Echols of Upson, Etheridge of Fulton and Walker of Lowndes:
A resolution to create a joint committee to study school bus transporta tion; and for other purposes.

HB 1243. By Mr. McClelland of Fulton:
A bill to amend an act relating to the practice of all branches of profes sional engineering, so as to require the State Board of Registration for

THURSDAY, FEBRUARY 20, 1964

1113

Professional Engineers and Land Surveyors to give examinations relat ing to certain proficiencies; and for other purposes.

SR 219. By Senator Carlton of the 21st: A resolution creating the Tax Study Committee; and for other purposes.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has disagreed to the Senate substitute to the following bill of the House:

HB 1030. By Mr. Branch of Tift:
A bill to create within the Executive Branch of the State Government a commission to be known as the State Properties Commission; and for other purposes.

Mr. Gillis of the 20th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. President:

Your Committee on Appropriations had 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 937. Do pass.

HR 157. Do pass as amended.

HR 356. Do pass as amended.

HR 357. Do pass as amended.

HR 348. Do pass.

Respectfully submitted,

Gillis of 20th 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 had had under con sideration the following bills and resolutions of the House and has instructed me

1114

JOURNAL OP THE SENATE,

as Chairman, to report the same back to the Senate with the following recom mendations :
HB 1071. Do pass. HB 1086. Do pass. HB 1087. Do pass. HB 1191. Do pass. HB 1218. Do pass. HB 1229. Do pass. HB 1233. Do pass. HB 1234. Do pass. HB 1235. Do pass. HR 453. Do pass. HR 481. Do pass. HR 494. Do pass. HR 497. Do pass. HR 503. Do pass.

Respectfully submitted,

Brown of 34th 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 had had under considera tion 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 889. Do pass. HR 400. Do pass.
Respectfully submitted,
McWhorter of 43rd District,
Chairman.

THURSDAY, FEBRUARY 20, 1964

1115

Mr. Kendrick of the 32nd District, Chairman of the Committee on Educational Matters, submitted the following report:

Mr. President:

Your Committee on Educational Matters had had under consideration the fol lowing bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 1180. Do pass.
HB 844. Do pass as amended.
Respectfully submitted,
Kendrick of 32nd 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 had 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 730. Do pass.

HB 1208. Do pass.

Respectfully submitted,

Miller of 50th 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 had 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 963. Do pass.

HR 364. Do pass.

HR 501. Do pass.

Respectfully submitted,

Knox of 24th District,

Chairman.

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JOURNAL OF THE SENATE,

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 had had under consideration the fol lowing bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations:
HB 1046. Do pass.

Respectfully submitted, Holloway of 12th District, Chairman.

Mr. Plunkett of the 30th District, Secretary of the Committee on Penal and Correctional Affairs, submitted the following report:
Mr. President:
Your Committee on Penal and Correctional Affairs had had under considera tion the following resolution of the Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendations:
SB 157. Do pass by substitute. Respectfully submitted, Plunkett of 30th District, 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 had 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 932. Do pass. HB 1150. Do pass by substitute. HB 1061. Do pass.
Respectfully submitted, Loggins of 53rd District, Chairman.

THURSDAY, FEBRUARY 20, 1964

1117

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, submit ted the following report:

Mr. President:

Your Committee on Rules had 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:
HB 1243. Do pass. HB 1215. Do pass. HB 1123. Do pass. HB 955. Do pass. HR 485. Do pass. HB 1230. Do pass. HB 843. Do pass. HB 916. Do pass. HB 969. Do pass. HR 496. Do pass. HR 500. Do pass. HB 958. Do pass. HB 1091. Do pass. HR 506. Do pass. HR 483. Do pass. HR 459. Do pass. HR 502. Do pass. HR 482. Do pass. HB 1068. Do pass.
Respectfully submitted, Rowan of 8th District, Secretary.

The following bill of the Senate was taken up for the purpose of considering House action thereto:

SB 295. By Senators Kendrick of the 32nd and Yancey of the 33rd:
A bill to amend an act incorporating the City of Powder Springs, ap proved August 5, 1920, (Ga. L. 1920, p. 1437), as amended, so as to ex-

1118

JOURNAL OF THE SENATE,

tend the corporate limits of the City of Powder Springs; to repeal con flicting laws; and for other purposes.

The House offered the following amendment:
Messrs. Wilson, Flournoy and Teague of Cobb move to amend SB 295 by striking the words "parcel" and '"tract" as they appear in the first sentence of Section 1 (d), which section is quoted in section 1 of said bill, and substituting in lieu thereof the words "parcels" and "tracts", re spectively; and
By striking the quotation mark which appears at the end of section l(d); and
"By adding at the end of section l(d) the following:
"All that tract or parcel of land lying and being in Land Lot 944 of the 19th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows:
"Beginning at a point formed by the intersection of the east side of Lindley Circle with the north side of Sharon Drive; thence run ning east along the north side of Sharon Drive for a distance of 100 feet; thence running in a northeasterly direction for a distance of 250 feet to a point, which is 200 feet east of the east side of Lindley Circle, as measured along the course north 85 degrees, 30 minutes east; thence running in a northeasterly direction for a distance of 100 feet, more or less, to a point which is 269.9 feet northeast of the east side of Lindley Circle, as measured along the course north 69 degrees, 55 minutes east; thence running north 10 degrees, 00 min utes east for a distance of 190 feet to a point; thence running north 78 degrees, 55 minutes west for a distance of 300 feet to a point located on the east side of Lindley Circle; thence running south along the east side of Lindley Circle and following the curvature thereof for a distance of 564.8 feet to a point on the north side of Sharon Drive and being the point of beginning."
Senator Yancey of the 33rd moved that the Senate agree to the House amend ment.
On the motion, the ayes were 28, nays 0.
The motion prevailed, and the House amendment to SB 295 was agreed to.
The following resolutions were read and adopted:

THURSDAY, FEBRUARY 20, 1964

1119

SR 213. By Senators Conway of the 41st, Johnson of the 42nd, McWhorter of the 43rd, Salome of the 36th, Brown of the 34th, Wesberry of the 37th, MaeIntyre of the 40th and Johnson of the 38th:
A resolution requesting the Atlanta Region Metropolitan Planning Com mission to hold meetings prior to December, 1964; and for other pur poses.

SR 214. By Senator Miller of the 50th:
A resolution urging the news media to broadcast daily weather reports for the North Georgia mountains area; and for other purposes.

SR 215. By Senator Miller of the 50th:
A resolution calling upon the Department of State Parks to study the feasibility of converting one or more of the North Georgia parks into a winter resort; and for other purposes.

SR 216. By Senator Miller of the 50th:
A resolution commending the Towns County Lions Club; and for other purposes.

SR 217. By Senator Gordy of the 15th:
A resolution expressing appreciation to the young ladies of the telephone center; and for other purposes.

SR 222. By Senator Brown of the 34th, Maclntyre of the 40th and Brewer of the 39th:
A resolution welcoming the National Conventions of the Sons of Con federate Veterans and the Children of the Confederacy to Georgia; and for other purposes.

SR 220. By Senators Brown of the 34th, Brewer of the 39th, Maclntyre of the 40th, Wesberry of the 37th, Salome of the 36th and Coggin of the 35th:
A resolution congratulating Luke Appling on being voted into the Base ball Hall of Fame; and for other purposes.

SR 221. By Senators Wesberry of the 37th and Conway of the 41st: A resolution congratulating Clyde A. Boynton; and for other purposes.

1120

JOURNAL OF THE SENATE,

SR 223. By Senator Zorn of the 6th:
A resolution creating an interim legislative committee to study laws relating to malt beverages, wine and alcoholic beverages; 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:

HB 1234. By Mr. White of Mclntosh:
A bill to vest in the tax-commissioners of certain counties all the powers and duties of sheriffs in their respective counties; 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1235. By Messrs. Lane and Nessmith of Bulloch: A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Bulloch County, so as to change the provisions relating to 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 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 453. By Mr. Etheridge of Fulton: A resolution authorizing the conveyance of a certain tract of land to Atlanta-DeKalb Indsutrial Park, Inc.; and for other purposes.
The report of the committee, which was favorable to the adoption of the reso lution, was agreed to.

THURSDAY, FEBRUARY 20, 1964

1121

On the adoption of the resolution, the ayes were 35, nays 0.

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

HR 481. By Messrs. McClelland, Etheridge and Brooks 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.

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 484. By Messrs. Bell, Fleming and Hull of Richmond:
A resolution authorizing the Governor on behalf of the State of Georgia to convey to the City Council of Augusta an easement for certain pur poses; 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 494. By Messrs. Stalnaker and Peterson of Houston: A resolution authorizing the conveyance of a certain tract of land located in Houston County to Houston County; and for other purposes.
The report of the committee, which was favorable to the adoption of the reso lution, was agreed to.

1122

JOURNAL OF THE SENATE,

On the adoption of the resolution, the ayes were 30, nays 0.

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

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 commissions of said city shall have the power to place water pipes and sewer lines in the streets; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 0.

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

HB 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.

The report 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 703. By Messrs. McClelland, Brooks and Etheridge of Fulton: A bill to amend an act creating bonded debts for counties, municipalities and divisions and prescribing the manner in which elections shall be held; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, FEBRUARY 20, 1964

1123

On the passage of the bill, the ayes were 30, nays 0.

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

HB 1086. By Messrs. Busbee, Odom and Lee of Dougherty:
A bill relative to the abolition of justice courts in any county of this State having within its borders a city having a population of over 20,000, so as to abolish said justice courts and the offices of justices of the peace and notaries public ex-officio justices of the peace within 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 30, nays 0.

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

HB 1087. By Messrs. Busbee, Lee and Odom of Dougherty:
A bill to amend an act establishing the city court of Albany, so as to re define its jurisdiction and the practice and procedure to be employed therein; and for other purposes.

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

On the passage of the bill, the ayes were 31, nays 0.

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

HB 1131. By Messrs. Mackay and Harris of DeKalb:

A bill to amend an act abolishing the office of County Treasurer of the

County of DeKalb; so as to provide that the depository shall maintain an

office and place of doing business in DeKalb County; and for other

purposes.



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

1124

JOURNAL OP THE SENATE,

On the passage of the bill, the ayes were 30, nays 0,

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

HB 1191. By Mr. Bowen of Dawson:
A bill to amend an act incorporating the City of Dawsonville, so as to provide for the election of the mayor and four councilman; and for other purposes.

The report 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 1218. By Mr. Smith of Forsyth:
A bill to create a Board of Commissioners of Roads and Revenues for Forsyth County; to provide for elections and terms of office; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1224. By Messrs. Smith and Mitchell of Whitfield: A bill to amend an act incorporating the City of Dalton in the County of Whitfield, so as to fix the hours for which the polls shall open and close.
The report 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.

THURSDAY, FEBRUARY 20, 1964

1125

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

HB 1225. By Messrs. Smith and Mitchell of Whitfield:
A bill to amend an act relating to the charter of the City of Dalton, establishing the corporate limits of the City of Dalton and relating to land lots 143 and 162; and for other purposes.

The report 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 1229. By Messrs. Teague, Plournoy and Wilson of Cobb:
A bill to amend an act creating a Commissioner of Roads and Revenues for Cobb County, so as to change the provisions relating to the oath and bond of the commissioner; and for other purposes.

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

On the passage of the bill, the ayes were 33, nays 0.

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

HB 1233. By Mr. White of Mclntosh: A bill to incorporate the City of Darien, and to supersede and to repeal the act incorporating the City of Darien; and for other purposes.
The report 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.

1126

JOURNAL OF THE SENATE,

HB 1230. By Messrs. Dicus, Jones and Pickard of Muscogee:
A bill to amend the charter of the City of Columbus, so as to change the salary of the mayor; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 0.

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

HR 497. By Messrs. Towson and Knight of Laurens:
A resolution authorizing the conveyance of certain property in Laurens County to the Laurens County Board of Education; and for other purposes.

The report ol 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.

HR 503. By Mr. Underwood of Taylor:
A resolution authorizing the conveyance of certain property in Taylor 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 31, nays 0.

The resolution, having received the requisite constitutional majority, was adopted. : ;

THURSDAY, FEBRUARY 20, 1964

1.127

HB 1223. By Messrs. Brooks, McClelland and Etheridge of Fulton:

::

A bill to amend an act providing for the compensation of all profes sionals employed by municipalities having a population of 300,000 or more, so as to fix a minimum salary of all golf professionals employed by 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 28, 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:
HB 696. By Messrs. Bell and Fleming of Richmond: A bill authorizing the governing authorities of the several municipalities and counties of this State to establish separate or joint planning com missions ; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the House was taken up for the purpose of considering House action thereto:
HB 1030. By Mr. Branch of Tift: A bill to create within the Executive Branch of the State Government a commission to be known as the State Properties Commission; and for other purposes.
Senator Carlton of the 21st moved that the Senate insist on its position on HB 1030 and that a Committee of Conference be appointed.

1128

JOURNAL OF THE SENATE,

On the motion, the ayes were 31, nays 0.

The motion prevailed, and the president appointed as a Committee of Con ference on the part of the Senate the following:

Senators Carlton of the 21st, Loggins of the 53rd and Pennington of the 45th.

The following hill of the Senate was taken up for the purpose of considering House action thereto:

SB 176. By Senators Carlton of the 21st and Webb of the llth:
A bill to require that all construction of public works contracts entered into by the various agencies of the State Government shall be conducted and negotiated by the Supervisor of Purchases; and for other purposes.

The House amendment was as follows:

Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens move to amend SB 176 by adding in quoted section 13A in section 1 of said bill after the words "the several public authorities of this state," the words "including the Stone Mountain Memorial Association,".
By adding at the end of quoted section 13A in section 1 of said bill the following, "Provided that any contract presently in existence shall not be affected by this section and such contract may continue to be utilized."

Senator Webb of the llth moved that the Senate agree to the House amend ment to SB 176.

On the motion to agree, the ayes were 30, nays 0.

The motion prevailed, and the House amendment was agreed to.

HB 843. By Mr. Rowland of Johnson:
A bill to amend an act known as the "Unemployment Compensation Act (now Employment Security Law), by extending the time for the ex-

THURSDAY, FEBRUARY 20, 1964

1129

penditure of moneys paid into the Unemployment Compensation fund pursuant to Section 903 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 958. By Mr. Rowland of Johnson:
A bill to provide an appropriation, pursuant to the provisions of Section 9 and 13 of the Employment Security Law, of additional funds which are otherwise available to the Department of Labor of Georgia; and for other purposes.

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

On the passage of the bill, the ayes were 28, nays 0.

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

HB 1123. By Messrs. House of Bibb, Fulford of Terrell and Overby of Hall:
A bill to amend the "Georgia Military Forces Reorganization Act of 1955", so as to clarify certain allowances for members of the militia ordered into active service in the State; and for other purposes.

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

On the passage of the bill, the ayes were 28, nays 0.

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

1130

JOURNAL OF THE SENATE,

HB 746. By Messrs. Coker and Pope of Cherokee, Smith of Forsyth and Milford of Franklin:
A bill to make it unlawful for any person to abandon any domestic ani mal, including dogs; to provide a penalty; and for other purposes.

The Committee on Agriculture and Natural Resources offered the following amendment:
Amend HB 746 by striking in its entirety section 1 and substituting in lieu thereof a new section 1 to read as follows:
"Section 1. It shall be unlawful for any person to willfully abandon any dog or cat owned by said person."
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 37, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 1013. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens: A bill to amend Title 92, Div. I, Part IX, Chapter 92-32 of the 1933 Code of Georgia, so as to provide a new schedule of penalties for failure to file a timely return, and for filing of a false or fraudulent return; and for other purposes.
Senator Byrd of the 17th offered the following amendment:
Amend HB 1013 by striking the word "shall" from paragraph (a) in the third line between the words "there" and "be" and inserting in lieu thereof the words "may".
On the adoption of the amendment, the ayes were 30, nays 0, and the amend ment was adopted.

THURSDAY, FEBRUARY 20, 1964

1131

Senator Byrd of the 17th offered the following amendment:

Amend HB 1013 by striking the words "shall" from the second line of paragraph (b) between the words "there" and "be" and substituting in lieu thereof the word "may".

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 1046. By Messrs. Deen of Bacon, Melton of Spalding and Conner of Jeff Davis:
A bill to amend an act relating to the definition of the term "employer" and "employee" for purposes of Workmen's Compensation, so as to authorize boards of education in counties having a population of 300,000 or less to provide Workmen's Compensation coverage for its 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 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 697. By Messrs. Bell, Fleming and Hull of Richmond: A bill to amend code chapter 74-1 entitled Legitimate Children, so as to provide that all children conceived in wedlock by means of artificial insemination shall be legitimate when the husband and wife consent in writing to the use of artificial insemination; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1132

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 31, nays 2.

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

HB 792. By Messrs. Dixon of Ware, Bynum of Rabun and Milford of Franklin:
A bill to amend an act creating the Peace Officers Annuity and Benefit Fund, so as to authorize membership in the fund by certain persons who no longer served as peace officers at the time of the creation of said fund; and for other purposes.

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

On the passage of the bill, the ayes were 29, nays 6.
The bill, having received the requisite constitutional majority, was passed.
HB 969. By Messrs. Lowrey of Floyd, Steis of Harris, Lewis of Wilkinson, and many others: A bill to amend an act creating a Department of Public Safety, so as to change the compensation of the Director of Public Safety; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1248. By Mr. Cullens of Bartow: A bill to amend an act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commis sion, so as to change the salary of the director of the State Game and Fish Commission; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, FEBRUARY 20, 1964

1133

On the passage of the bill, the ayes were 31, nays 0.

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

HB 786. By Mr. Hale of Bade:
A bill to amend an act relating to the expenditure of borrowed money, so as to change the method of expenditure of borrowed money; and for other purposes.

The report 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 730. By Messrs. Keyton of Thomas and Greene of Bartow:
A bill to create within the Department of Public Health a Division for Georgia Water Quality Control and a State Water Pollution Board for the utilization of the water resources of the State; and for other purposes.

Senator Miller of the 50th offered the following amendment: Amend HB 730 by striking from the third paragraph of section 4
the following: "as Chairman and one of its members to serve".
On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted.
Senator Miller of the 50th offered the following amendment: Amend HB 730 by striking the word conservation in Section 4 and
inserting in lieu thereof soil and water conservation.
On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was adopted.

1134

JOURNAL OF THE SENATE,

Senator Johnson of the 42nd offered the following amendment:

Amend Section 3 (e) of HB 730 to read:

"Person means any individual, corporation and partnerships and other unincorporated associations and may extend and be applied to bodies politic and corporate."

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 730 as follows:
By striking the last sentence of Paragraph 11 of Section 5 in its entirety and inserting in lieu thereof the following:
"All boats located upon the waters of this State are subject to inspection by the Water Quality Control Board or its duly authorized agents at any time for the purpose of determining compliance with the provisions of this paragraph; provided, however, that this para graph does not apply to ocean going vessels, of 20 tons displacement or more".

On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment was adopted.

Senator Tribble of the 3rd offered the following amendment:
Amend HB 730 as follows:
Amend HB 730 by striking from the second sentence of Paragraph 3 of Section 4 after the word "Board" and before the word "shall" the following:
", at their first meeting,"

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 730 by striking the last sentence of Paragraph (1) of

THURSDAY, FEBRUARY 20, 1964

1135

Section 12 in its entirety and inserting in lieu thereof the following:

"Hearings shall be conducted by the Board itself;"

On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment was adopted.

Senator Smalley of the 28th offered the following amendment:
By striking from Section 22 of said Act the words "or any rule or regulation adopted and promulgated herewith", and the words "of person violating any provision of this Act or failing, neglecting, or refusing to comply with any final order of a court, lawfully issued as herein provided, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law."

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 40, nays 0.

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

HB 955. By Messrs. Brantley of Candler and Nessmith of Bulloch:
A bill to prohibit the use of force, intimidation, violence or threats thereof to restrict or otherwise interfere with the right of any person to peacefully conduct his business; to make unlawful certain acts of picketing; and for other purposes.

Senator Hall of the 52nd moved that HB 955 be recommitted to the Com mittee on Rules.

On the motion, the ayes were 31, nays 0.

The motion prevailed and HB 995 was recommitted to the Committee on Rules.

1136

JOURNAL OP THE SENATE,

HB 844. By Mr. Story of Gwinnett:
A bill to amend an act creating the Teachers Retirement System, so as to provide a limitation upon reestablishment of membership after having withdrawn contributions; and for other purposes.

The Committee on Educational Matters offered the following amendment:
Amend HB 844 by striking Section 2 thereof in its entirety. By renumbering Sections 3 and 4 as Sections 2 and 3, respectively.

On the adoption of the amendment, the ayes were 29, nays 2, 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.

HB 802. By Messrs. Smith of Grady and Bolton of Spalding:
A bill to amend an act creating the office of solicitor-general emeritus and the solicitors' general retirement fund of Georgia, so as to provide for penalty interest upon delinquent payments into said fund; and for other purposes.

The Committee on Judiciary offered the following amendment:
Amend HB 802 by striking from Section 1 the following language, "Should the payments not be made by February 15th of the succeeding year, the sum due shall incur a penalty of six per cent interest per annum computed on the principal amount from February 15th until actually paid.", as it appears in two places in said Section, and inserting in lieu thereof in each of said two places the following:
"Should the payments not be made by February 15th of the succeeding year, the sum due shall incur a penalty of six per cent interest per annum computed on the principal amount from Febru ary 15th until actually paid. Beginning with the payments to be made covering the calendar year 1964, and for each calendar year thereafter, should the sum due not be paid by February 15th of

THURSDAY, FEBRUARY 20, 1964

1137

the succeeding year, such sum due shall be increased by ten percent thereof plus six percent interest per annum, computed on the sum due plus the ten percent thereof, from February 15th until the date of actual payment of the entire amount."

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 29, 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 House action thereto:

SB. 276. By Senators Webb of the llth, Smalley of the 28th, Lee of the 47th and many others:
A bill to amend Code section 34-2301, relating to congressional districts and the composition thereof; so as to designate the counties and por tions thereof which shall compose the ten congressional districts of Georgia; to repeal conflicting laws; and for other purposes.

The Committee on State of Republic of the House offered the following substitute:
A BILL
TO BE ENTITLED
An Act to amend Code Section 34-2301, relating to congressional districts and the composition thereof, so as to designate the counties and portions thereof which shall compose the ten congressional districts of Georgia; to provide for the applicability of this Act; to repeal con flicting laws; and for other purposes.
Messrs. Groover and Laite of Bibb move to amend the Committee Substitute:

1138

JOURNAL OF THE SENATE,

By striking all after the word "respectively" in Section 1 and in serting in lieu thereof the following:

FIRST DISTRICT: Bryan, Bulloch, Burke, Candler, Chatham, Effingham, Emanuel, Evans, Jenkins, Liberty, Long, Mclntosh, Montgo mery, Screven, Tattnall, Toombs, Treutlen, and Wheeler

SECOND DISTRICT: Baker, Brooks, Calhoun, Colquitt, Crisp, Decatur, Dougherty, Early, Grady, Miller, Mitchell, Seminole, Thomas, Tift, Turner, Worth

THIRD DISTRICT: Chattahoochee, Clay, Dooly, Harris, Lee, Macon, Marion, Muscogee, Quitman, Randolph, Schley, Stewart, Sumter, Talbot, Taylor, Terrell, Upson, Webster

FOURTH DISTRICT: Butts, Carroll, Clayton, Coweta, Douglas, Fayette, that part of Fulton in the present 34th State Senatorial Dis trict, Heard, Henry, Lamar, Meriwether, Pike, Spalding, Troup

FIFTH DISTRICT: That part of Fulton County lying in the following present State Senatorial District: 35th, 36th, 37th, 38th, 39th and that part of DeKalb lying in the present 42nd State Senatorial District.

SIXTH DISTRICT: Baldwin, Bibb, Bleckley, Crawford, Glascock, Hancock, Houston, Jasper, Jefferson, Johnson, Jones, Laurens, Monroe, Peach, Pulaski, Putnam, Twiggs, Washington, Wilkinson

SEVENTH DISTRICT: Bartow, Catoosa, Chattooga, Cobb, Dade, Floyd, Gordon, Haralson, Murray, Paulding, Polk, Walkar, Whitfield
EIGHTH DISTRICT: Appling, Atkinson, Bacon, Ben Hill, Berrien, Brantley, Candler, Charlton, Clinch, Coffee, Cook, Dodge, Echols, Glynn, Irwin, Jeff Davis, Lanier, Lowndes, Pierce, Telfair, Ware, Wayne, Wilcox.
NINTH DISTRICT: Banks, Barrow, Cherokee, Dawson, Fannin, Forsyth, Gilmer, Gwinnett, Habersham, Hall, Jackson, Lumpkin, Pickens, Rabun, Stephens, Towns, Union, White, and that part of Fulton lying in the present 40th State Senatorial District and that part of DeKalb lying in the present 41st State Senatorial District.
TENTH DISTRICT: Clark, Columbia, and that part of DeKalb lying in the present 43rd State Senatorial District, Elbert, Franklin, Greene, Hart, Lincoln, Madison, McDuffie, Morgan, Newton, Oconee, Oglethorpe, Richmond, Rockdale, Taliaferro, Walton, Warren, Wilkes

Senator Webb of the llth moved that the Senate disagree to the House substitute for SB 276.

On the motion, the ayes were 30, nays 0, and the substitute was disagreed to.

THURSDAY, FEBRUARY 20, 1964

1139

HB 845. By Mr. Story of Gwinnett:
A bill to amend the Teachers Retirement System Act, so as to provide a per diem allowance in addition to reimbursement of expenses for mem bers of the Board of Trustees; and for other purposes.

The report 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 1005. By Mr. Fowler of Douglas: A bill authorizing area, county and independent boards of education to adopt policies relating to the use of corporal punishment; and for other purposes.

The report 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 1091. By Messrs. Causby of Gordon and Meeks of Union:
A bill to amend an act creating the Georgia Historical Commission, so as to increase the membership of 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 31, nays 0.

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

1140

JOURNAL OP THE SENATE,

HB 855. By Mr. Fleming of Richmond:
A hill to amend an act relating to the punishment of those persons con victed of larceny and theft, so as to increase the punishment for stealing dogs; and for other purposes.

The Committee on Judiciary offered the following amendment:
Amend HB 855 by striking from Code Section 26-2612.1 the words and symbols "two (2) years" and "five (5) years", and substituting in lieu thereof the words and symbols "one (1) year" and "three (3) years", respectively.

On the adoption of the amendment, the ayes were 31, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 28, nays 6.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Hunt of the 26th gave notice that at the proper time he would ask the Senate to reconsider its action on HB 855.
HB 939. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens: A bill to amend an act known as the Unemployment Compensation Law, so as to provide for the transfer from the State Revenue Commissioner to the Commissioner of Labor of the responsibility and authority for the collection of delinquent taxes due the State of Georgia by reason of the Employment Security Law; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 20, 1964

1141

HB 1061. By Messrs. Jones of Worth, Conner of Jeff Davis and Fowler of Douglas:
A bill to amend an act relating to motor vehicle liability insurance re quirements and uninsured motor vehicle coverage; to provide minimum limits for uninsured motor vehicle coverage; and for other purposes.

The report 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 1056. By Brooks of Fulton:
A bill to amend an act so as to make provision for the coverage of cer tain members of the Superior Court Judges Retirement Fund who are not covered thereunder to the extent that coverage may still be per mitted them under Federal Law; and for other purposes.

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

On the passage of the bill, the ayes were 28, nays 0.

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

HB 1083. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act creating emeritus offices for certain State officials, so as to provide that any person becoming such a State of ficial after April 1, 1964, shall be a member of the Employees' Retire ment System and shall not be eligible to be appointed to any emeritus position under said act; and for other purposes.

Senator Coggin of the 35th offered the following amendment:
Amend HB 1083 by adding at the end of Section I a new paragraph to read as follows:

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JOURNAL OF THE SENATE,

"Provided, however, that the provisions of this Act, and of any amendatory Acts thereto, shall not be applicable to any judge of the superior court or any judge of the superior courts emeritus."

On the adoption of the amendment, the ayes were 34, nays 0, and the amendment was adopted.

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

On the passage of the bill, the ayes were 32, nays 0.

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

HB 1100. By Mr. Bowen of Randolph:
A bill to amend an act relating to the writ of quo warranto, so as to provide the method of service of process in any quo warranto proceed ing; and for other purposes.

The Committee on Judiciary offered the following amendment:
Amend HB 1100 by striking from the title the following: "to pro vide for the date of hearing when service of process is perfected by registered mail;".
By striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. Code Chapter 64-2, relating to the writ of quo warranto, is hereby amended by adding after Code Section 64-202 a new Code Section to be known as '64-202.1' to read as follows:
'64-202.1. Writ of quo warranto; service of process.--The writ and process in a quo warranto proceeding shall be served on the defendant personally. Personal service within the meaning of this Code Section shall be deemed to mean service by placing a copy of such writ and process in the hands of the defendant. Service of the writ and process in such proceeding upon a resident of the State of Georgia who is temporarily residing or sojourning outside the State of Georgia may be perfected in the same manner as is provided for service of process by publication as set forth in Sec tions 9 and 10 of an Act approved February 1, 1946 (Ga. Laws 1946, p. 761), relating to the rules of procedure, pleading and practice in

THURSDAY, FEBRUARY 20, 1964

1143

civil actions, as amended, by an Act approved March 25, 1958 (Ga. Laws 1958, p. 315), and an Act approved April 9, 1963 (Ga. Laws 1963, p. 384), (presently codified as Code Sections 81-207.1 and 81-207.2 of the Georgia Code Annotated). When service is perfected upon any such person as provided for in the aforesaid Sections, as amended, then such person shall be bound by the final decision of any such proceedings as fully as though said defendant had been personally served.' "

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 36, nays 0.

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

HB 1215. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and others:
A bill to amend an act creating the Legislative Service Committee and the Office of Legislative Counsel, so as to provide for the designation and assignment of space for the Legislative Branch of the Government and the control, authority and jurisdiction thereof; 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, 32 nays 0.

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

HB 1085. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act creating the positions of chief justice emeritus, so as to provide that any person becoming a justice of the Supreme Court after April 1, 1964, shall be a member of the Employees' Re-

1144

JOURNAL OP THE SENATE,

tirement System and shall not be eligible to be appointed as justice emeritus; and for other purposes.

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

On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1084. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens: A bill to amend an act creating the position of Judge Emeritus for judges of the Court of Appeals, so as to provide that any person be coming a Judge of the Court of Appeals after April 1, 1964, shall be a member of the Employees' Retirement System and shall not be eligible to be appointed as Judge Emeritus; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Miller of the 50th asked unanimous consent that the Senate request the House to return the following resolutions to the Senate:
HR 393. By Mr. Smith of Habersham: A resolution proposing an amendment to the Constitution so as to pro vide that the notice of the intention to apply for local legislation which affects Habersham County, or any political subdivision located therein, may be published in any daily or weekly newspaper of general circula tion located within Habersham County; and for other purposes.
HR 452. By Mr. Smith of Habersham: A resolution proposing an amendment to the Constitution so as to create the Habersham County Industrial Development Authority; and for other purposes.
The consent was granted.

THURSDAY, FEBRUARY 20, 1964

1145

HB 930. By Messrs. Killian and Isenberg of Glynn:
A bill to amend an act known as the Georgia Ports Authority Act, so as to authorize the Governor on behalf of the State, to convey certain property to the Georgia Ports Authority; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 0.

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

HB 1039. By Messrs. McClelland, Etheridge and Brooks of Fulton:
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, so as to make the provisions applicable to incorporated towns or incor porated cities; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 0.

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

HB 1003. By Mr. Jones of Muscogee:
A bil to amend an act providing for the method of serving non-resident motorists involved in any accident in the State, so as to provide that this statute shall apply to causes of action arising out of accidents occurring anywhere within the territorial limits 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 30, nays 0.

1146

JOURNAL OF THE SENATE,

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

HB 732. By Mr. Murphy of Haralson:
A bill to amend an act establishing a program of assistance to the totally and permanently disabled and to define eligibility and terms and to provide for the administration of said program by the State and county departments of public welfare, so as to change the pro visions relating to eligibility for assistance; and for other purposes.

The Committee on Health and Welfare offered the following amendment:
Amend HB 732 by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows:
"Section 1. An Act entitled, "An Act to establish a program of assistance to the totally and permanently disabled and to define eligibility requirements and other terms and to provide for the administration of said program by the State and county departments of public welfare.", approved February 4, 1952 (Ga. Laws 1952, p. 15), as amended by an Act approved March 13, 1957 (Ga. Laws 1957, p. 368), an Act approved March 6, 1962 (Ga. Laws 1962, p. 592), and by an Act approved April 12, 1963 (Ga. Laws 1963, p. 581), is hereby amended by striking Subsection (c) of Section 2 in its entirety and inserting in lieu thereof a new Subsection (c) of Section 2 to read as follows:
'(c) Has not sufficient income or other resources to provide a subsistence compatible with decency and health.' "

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 28, nays 0.

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

HB 1080. By Messrs. Bolton and Melton of Spalding, Harrell of Fayette, Watson of Pike and Caldwell and Echols of Upson:
A bill to amend an act creating a new judicial circuit for Georgia to be

THURSDAY, FEBRUARY 20, 1964

1147

called the Griffin Circuit, and to be composed of the counties of Spalding, Pike, Upson and Fayette, so as to fix the compensation of the solicitor-general of the Griffin Judicial Circuit; and for other purposes.

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

On the passage of the bill, the ayes were 32, nays 0.

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

HB 916. By Mr. Groover of Bibb:
A bill to amend an act known as the "Old Age Assistance Act", so as to allow applicants or recipients for Old Age Assistance to have life insurance not to exceed the face value of one thousand dollars; and for other purposes.

The report 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 1015. By Mr. Barber of Jackson:
A bill to amend an act known as the "Physical Therapists Practice Act", so as to provide that nothing contained in said act shall be con strued to limit or prevent the practice of physical therapy by any person not registered under this act, if such person does not represent himself to be a registered physical therapist; and for other purposes.

The report 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.

1148

JOURNAL OF THE SENATE,

HB 1045. By Mr. Caldwell of Upson:
A bill to amend an act relating to the mode of services of process, so as to provide a means of service upon minors, fourteen years of age or who are legal residents of the county where the legal proceeding con cerning such service is sought but who are temporarily sojourning or living outside of the State of Georgia; and for other purposes.

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

On the passage of the bill, the ayes were 28, nays 0.

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

HB 1206. A bill to amend an act relating to the joinder of claims by or against different persons, so as to provide for the joinder of parties plaintiff or defendant in one action where any asserted right pertains to or arises out of the same transaction; and for other purposes.

The report 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 919. By Messrs. Cullens of Bartow, Brooks of Fulton, Bynum of Rabun, Bagby of Paulding, Jones of Liberty and many others:
A bill to amend an act relating to the limitation of actions for injuries to the person, so as to provide that actions for injuries to the person involv ing loss of consortium shall be brought within 4 years; and for other purposes.

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

On the passage of the bill, the ayes were 32, nays 0.

THURSDAY, FEBRUARY 20, 1964

1149

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

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has passed by substitute by the requisite constitutional majority the following bill of the Senate to wit:
SB 306. By Senators Downing of the 1st and Coggin of the 35th: A bill to provide that each employee in the State of Georgia shall be permitted by his employer to have any necessary time off to vote in pri maries and elections for which such employee is qualified and registered to vote; and for other purposes.
Mr. President:

The House insists on its position to the following bill of the Senate, to-wit:

SB 276. By Senators Webb of the llth, Smalley of the 28th, and others:
A bill to amend the Code relating to congressional districts; and for other purposes.

The House has passed as amended by the requisite constitutional majority the following bill of the Senate to wit:

SB 282. By Senator Gillis of the 20th:
A bill to amend an act establishing a State Employee's Retirement Sys tem, as amended, so as to change the provisions relating to former em ployees; and for other purposes.

The House has disagreed to the Senate substitute as amended by the House to the following bill of the House to wit:

HB 1147. By Messrs. Etheridge and McClelland of Pulton:
A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended; and for other purposes.

1150

JOURNAL OF THE SENATE,

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 1147. By Messrs. Etheridge and McClelland of Fulton:
A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended; and for other purposes.

Senator Salome of the 36th moved that the Senate insist on its position, and that a Committee of Conference be appointed.

On the motion, the ayes were 31, nays 0, and the motion prevailed.

The president appointed as a Committee of Conference on the part of the Senate the following:

Senators Salome of the 36th, Gayner of the 5th and Smith of the 18th.

The president ruled that the House amendment to the Senate substitute as presented, was not germaine in that the House disagreed to the Senate substitute.

HR 348. By Messrs. Bynum of Rabun and Cullens of Bartow: A resolution compensating Alfred Buren Parker; and for other purposes.

Senator Gillis of the 20th offered the following amendment:
Amend HR 348 by adding the following:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera-

THURSDAY, FEBRUARY 20, 1964

1151

tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement.

Any person who violates 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 28, 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.

The resolution, involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Byrd Carlton Carter Coggin Conway Downing Gillis Gordy Hall Heard Holloway Hunt

Jackson Johnson of 38th Kendrick Knox Lee Loggins Maclntyre McKinnon Noble Oliver Pennington Phillips

Plunkett Rowan Searcey Smalley Smith Spinks Thomas Webb Wesberry Yancey Young

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

On the adoption of the resolution, the ayes were 35, nays 0.

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

On the adoption of the amendment, the ayes were 28, nays 0, and the amend ment was adopted.

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JOURNAL OF THE SENATE,

HR 356, By Messrs. Caldwell and Echols of Upson:
A resolution to compensate Mrs. Cynthia L. Oxford; and for other purposes.

The Committee on Appropriations offered the following amendment:
Amend HR 356 by striking the last paragraph in its entirety and inserting in lieu thereof a new last paragraph to read as follows:
"NOW, THEREFORE, BE IT RSEOLVED BY THE GEN ERAL ASSEMBLY OF GEORGIA that the State Highway Depart ment be and is hereby authorized and directed to pay to Mrs. Cynthia L. Oxford, widow of William R. Oxford, deceased, the sum of $12,500.00 for the cash value of the life of William R. Oxford, plus $931.34 for funeral expenses. Said payment shall be in full and final satisfaction for any claims against the State arising as a result of the collision described and set forth in this Resolution. The payment of said sums shall be from the funds appropriated to or available to the State Highway Department."
Senator Gillis of the 20th offered the following amendment:
Amend HR 356 by adding the following:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement.
Any person who violates 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 28, nays 0, and the amend ment was adopted.

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

THURSDAY, FEBRUARY 20, 1964

1153

The resolution, involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Byrd Carlton Carter Coggin Conway Downing Gillis Gordy Hall Heard Holloway Hunt

Jackson Johnson of 38th Kendrick Knox Lee Loggins Maclntyre McKinnon Noble Oliver Pennington Phillips

Plunkett Rowan Searcey Smalley Smith Spinks Thomas Webb Wesberry Yancey Young

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

On the adoption of the resolution, the ayes were 35, nays 0.

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

On the adoption of the amendment, the ayes were 28, nays 0, and the amendwas adopted.

HR 157. By Messrs. Mackay of DeKalb and Roberts of Jones:
A resolution compensating Bonnie J. Cranford and her husband, James U. Cranford; and for other purposes.

The Committee on Appropriations offered the following amendment:
Amend HR 157 by striking the last paragraph in its entirety and inserting in lieu thereof a new last paragraph to read as follows:
"NOW, THEREFORE, BE IT RESOLVED BY THE GEN ERAL ASSEMBLY OF GEORGIA that the Georgia Department of Public Safety is hereby authorized and directed to pay to Mrs. Bon nie J. Cranford and James U. Cranford the sum of $1,281.23 as compensation for damages herein enumerated. Said compensation shall be in full and complete satisfaction of any and all claims aris ing out of said accident. The payment of said sum shall be from

1154

JOURNAL OF THE SENATE,

funds appropriated to or available to the Georgia Department of Public Safety."

Senator Gillis of the 20th offered the following amendment:
Amend HE 157 by adding the following:
It shall be Illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any state official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presanted to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each paymsnt approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement.
Any person who violates 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 28, nays 0, and the amend ment was adopted.

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

The resolution, involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Byrd Carlton Carter Coggin
Conway Downing

Gillis Gordy Hall Heard
Holloway Hunt

Jackson Johnson of 38th Kendrick Knox
Lee Loggins

THURSDAY, FEBRUARY 20, 1964

1155

Maclntyre McKinnon Noble Oliver Pennington Phillips

Plunkett Rowan Searcey Smalley Smith Spinks

Thomas Webb Wesberry Yancey Young

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

On the adoption of the resolution, the ayes were 35, nays 0.

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

HR 422. By Messrs. Johnson of Elbert and Brooks of Oglethorpe: A resolution to officially designate state route No. 77 from Elberton, Georgia, to Lexington, Georgia as the "Old Post Road"; 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 28, nays 0.

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

HR 439. By Mr. Clarke of Monroe:
A resolution to designate the "Maynard Mill Bridge"; 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 28, nays 0.

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

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JOURNAL OF THE SENATE,

HR 357. By Messrs. Caldwell and Echols of Upson:
A resolution to compensate Mrs. Katherine Landers Jones; and for other purposes.

The Committee on Appropriations offered the following amendment:
Amend HR 357 by striking the last paragraph in its entirety and inserting in lieu thereof a new last paragraph to read as follows:
"NOW, THEREFORE, BE IT RESOLVED BY THE GEN ERAL ASSEMBLY OF GEORGIA that the State Highway Depart ment be and is hereby authorized and directed to pay to Mrs. Kath erine Landers Jones, widow of Morris M. Jones, deceased, the sum of $12,500.00 for the cash value of the life of Morris M. Jones, plus the amount of $855.00 for damage to said truck, plus the amount of $566.20 for hospital, doctor and ambulance expenses and fees, plus the amount of $1,035.30 for funeral expenses. Said payment shall be in full and final satisfaction for any claim against the State arising as a result of the collision described and set forth in this Resolution. The payment of said sums shall be from the funds appropriated to or available to the State Highway Department."

On the adoption of the amendment, the ayes were 28, nays 0, and the amend ment was adopted.

Senator Gillis of the 20th offered the following amendment:
Amend HR 357 by adding the following:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement.
Any person who violates the provisions of this Act shall be guilty of

THURSDAY, FEBRUARY 20, 1964

1157

misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.

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 reso lution as amended, was agreed to as amended.

The resolution, involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Byrd Carlton Carter Coggin Conway Downing Gillis Gordy Hall Heard Holloway Hunt

Jackson Johnson of 38th Kendrick Knox Lee Loggins Maclntyre McKinnon Noble Oliver Pennington Phillips

Plunkett Rowan Searcey Smalley Smith Spinks Thomas Webb Wesberry Yancey Young

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

On the adoption of the resolution, the ayes were 35, nays 0.

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

The following bill of the Senate was taken up for the purpose of considering House action thereon:

SB 276. By Senators Webb of the llth, Smalley of the 28th and others:
A bill to amend an act to amend the code relating to congressional redistricting; and for other purposes.

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JOURNAL OP THE SENATE,

Senator Webb of the llth moved that a Committee of Conference be ap pointed.

The motion prevailed, and the president appointed as a Committee of Con ference the following:

Senators Gillis of the 20th, Coggin of the 35th and Hall of the 52nd.

HB 889. By Messrs. Steis of Harris, Floyd of Chattooga and Smith of Whitfield:
A bill to amend an act so as to extend the homestead exemption for dis abled veterans to those veterans suffering from paraplegia or permanent paralysis resulting from multiple sclerosis; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of considering House amendments thereto:
SB 282. By Senator Gillis of the 20th: A bill to amend an act establishing a State Employees' Retirement Sys tem, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, so as to change the provisions relating to former employees; to repeal con flicting laws; and for other purposes.
The House amendments were as follows:
The Committee on Judiciary moved to amend SB 282 by adding after the word act in line 12 of Section 14 the words "after paying required contributions".
Mr. Steis of Harris moved to amend SB 282 as follows:
Amend SB 282 by adding in the title thereof after the words "former employee;" and before the words "to repeal" the following:

THURSDAY, FEBRUARY 20, 1964

1159

"to provide creditable service for certain employees; to provide for contributions;"

By renumbering Section 2 as Section 3.

By adding thereto a new Section to be known as Section 2 to read as follows:

"Section 2. Said Act is further amended by adding a new Sub section to Section 4 to be known as Subsection 15 to read as follows:

" '15. Any other provision of this Act to the contrary notwith standing, any employee of the Legislative Branch of Government who was employed by the Legislative Services Committee (formerly Joint Committee on the Operations of the General Assembly) prior to May 1, 1959, shall be eligible for and shall receive creditable service year for year while employed by any officer in his official capacity or by any department, division or office of either branch of the Legislative Branch of Government, and all contributions which would have been paid shall be paid by the employer into the Pension Accumulation Fund.' "

Senator Gillis of the 20th moved that the Senate agree to the House amend ments to SB 282.
On the motion, the ayes were 29, nays 0, and the amendments were agreed to.
The following bill of the Senate was taken up for the purpose of considering a House substitute therefor:
SB 306. By Senators Downing of the 1st and Coggin of the 35th: A bill to provide that each employee in the State of Georgia shall be per mitted by his employer to have any necessary time off to vote in pri maries and elections for which such employee is qualified and registered to vote; to provide that procedure connected therewith; to repeal con flicting laws; and for other purposes.
The House Committee on Judiciary offered the following substitute:
AN ACT
To provide that each employee in the State of Georgia shall be per mitted by his employer to have any necessary time off to vote in pri maries and elections for which such employee is qualified and registered to vote; to provide the procedure connected therewith; to repeal conflict ing laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Each employee in the State of Georgia shall, upon reason able 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 such employee is qualified and registered to vote, on the day on which such primary or election is held; provided, however, that such necessary time off shall not exceed two (2) hours; and provided further that if the hours of work of such employee commences at least two (2) hours after the opening1 of the polls, or ends at least two (2) hours prior to the closing of the polls, then the time off for voting as provided for in this Act shall not apply. The employer may specify the hours during which said employee may absent himself as herein provided.

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Downing of the 1st moved that the Senate agree to the House substi tute for SB 306.

On the motion, the ayes were 29, nays 0.

The motion prevailed, and the substitute was agreed to.

HR 400. By Messrs. Steis of Harris, Floyd of Chattooga and Smith of Whitfield:
A RESOLUTION
Proposing an amendment to the Constitution so as to extend the homestead exemption for disabled veterans to those veterans suffering from paraplegia or permanent paralysis resulting from multiple sclero sis; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VII, Section I, Paragraph IV, of the Constitution is hereby amended by adding in the last sentence of the last paragraph of said Paragraph IV, between the words "brain" and "or" the following: "or paraplegia or such premanent paralysis resulting from multiple sclero sis,", so that when so amended the last paragraph of Paragraph IV shall read as follows:

THURSDAY, FEBRUARY 20, 1964

1161

"Each disabled veteran, as hereinafter defined, who is a citizen and resident of Georgians hereby granted an exemption of $10,000.00 in his homestead which he owns and which he actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for State, county, municipal and school purposes. The value of all property in excess of the above exempted amount shall remain subject to taxation. The term 'disabled veteran', as used herein, means a disabled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who is dis abled, as a result of such service in the armed forces, by paraplegia or permanent paralysis of both legs and lower parts of the body resulting from traumatic injury to the spinal cord or brain, or para plegia or such permanent paralysis resulting from multiple sclerosis, or by total blindness, or by the amputation of both legs or both arms."

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 extend the homestead exemption for disabled veterans to those veterans suffering from paraplegia or permanent paralysis resulting from multiple sclerosis.
"Against ratification of amendment to the Constitution so as to extend the homestead exemption for disabled veterans to those vet erans suffering from paraplegia or permanent paralysis resulting from multiple sclerosis."
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.

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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:

Byrd Carter Coggin Conway Downing Gillis Hall Heard Holloway

Hunt Jackson Kendrick Knox Lee Loggins Maclntyre McKinnon Noble

Oliver Phillips Plunkett Rowan Searcey Smith Spinks Webb Young

Those voting in the negative were Senators: Wesberry

By unanimous consent, verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 27, nays 1.

The resolution, having failed to receive the requisite constitutional two-thirds majority, was lost.

Senator Hunt of the 26th gave notice that at the proper time he would move that the Senate reconsider its action on HR 400.

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 3.

SB 123. SB 209.

THURSDAY, FEBRUARY 20, 1964

1163

Respectfully submitted, Pelham of the 10th District, Chairman.

Senator Carlton of the 21st moved that the Senate do now adjourn until ten o'clock tomorrow morning, and the motion prevailed.

The president announced the Senate adjourned until 10:00 o'clock tomorrow morning.

1164

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Friday, February 21, 1964.

The Senate met pursuant to adjournment this morning at 10:00 o'clock, and was called to order by the president.

Scripture reading was offered by Dr. Douglas Jackson, pastor, First Baptist Church, East Point, Georgia.

Prayer was offered by the Reverend Charlie Hayes, pastor Shumack Presby terian Church, Dalton, Georgia.

Senator Hunt of the 26th moved that the Senate reconsider its action on the following bill of the House:

HB 855. By Mr. Fleming of Richmond:
A bill to amend an act relating to the punishment of those persons convicted of larceny and theft of dogs;

On the motion to reconsider, Senator Hunt of the 26th called for the yeas 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:

Brewer Broun of 46th Brown of 34th Carter Coggin Conway Downing Ellis Fuqua

Gayner Gillis Gordy Heard Hunt Knox McKinnon Noble Pennington

Rowan Scott Smith Spinks Tribble
Webb Zorn

Those voting in the negative were Senators:

Carlton Fincher

Holloway Jackson

Johnson of 38th Kendrick

Lee Miller Moore

FRIDAY, FEBRUARY 21, 1964

1165

Oliver Phillips Plunkett

Smalley Wesberry Yancey

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

On the motion to reconsider, the ayes were 25, nays 15, and the president ruled that the motion was lost.

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

Senator Hunt of the 26th moved that the Senate reconsider its action on the following bill of the House:

HR 400. By Messrs. Steis of Harris, Floyd of Chattooga and Smith of Whitfield:
A resolution proposing an amendment to the Constitution so as to ex tend the homestead exemption for disabled veterans to those veterans suffering from paraplegia or permanent paralysis resulting from multi ple sclerosis; and for other purposes.

On the motion to reconsider, the ayes were 33, nays 0.

The motion prevailed, and HR 400 was placed back on the calendar.

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 Carlton of the 21st 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.

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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 resolutions of the House & Senate to-wit:

SR 203. By Senator Gayner of the 5th: A resolution authorizing and directing the State Librarian to furnish certain law books for the Judge of the Brunswick Judicial Circuit; and for other purposes.
SR 197. By Senator Hunt of the 26th: A resolution authorizing the governor to execute a lease in behalf of the State of certain property conveyed to the State by the City of Macon; and for other purposes.
SR 198. By Senator Hunt of the 26th: A resolution authorizing the conveyance of certain State property located in Bibb County; and for other purposes.
SB 232. By Senator Hunt of the 26th: A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that the operators of all school buses shall display lighted headlamps when transporting school children; and for other purposes.
SB 281. By Senator Moore of the 31st: A bill to amend an act creating the office of Solicitor-General emeritus and the Solicitors-General Retirement Fund of Georgia; and for other purposes.
SB 275. By Senator Downing of the 1st: A bill to amend an act authorizing the judgment of a court providing

FRIDAY, FEBRUARY 21, 1964

1167

permanent alimony to be revised upon petition by the wife or husband alleging a change in the husband's income and financial status; and for other purposes.

SR 180. By Senator Harrison of the 48th:
A resolution proposing an amendment to the Constitution so as to authorize Barrow County to levy a tax not to exceed one mill for the purpose of encouraging and promoting the expansion and development of commercial and industrial facilities in Barrow County; and for other purposes.

SR 188. By Senator Smith of the 18th:
A resolution proposing an amendment to the Constitution so as to create the Warner Robins Development Authority; and for other purposes.

SR 190. By Senator Smith of the 18th: A resolution proposing an amendment to the Constitution so as to create the Houston County Development Authority; and for other purposes.
SR 171. By Senator Carlton of the 21st: A resolution authorizing the conveyance of a certain tract of land in Emanuel County; and for other purposes.
SB 228. By Senators of the Fulton Delegation: A bill to provide for the disposition of certain funds received by county officials, officers and employees; and for other purposes.
SR 192. By Senator Kendrick of the 32nd and Senator Yancey of the 33rd: A resolution proposing an amendment to the Constitution so as to authorize the City of Austell to issue revenue anticipation obligations; and for other purposes.
SR 196. By Senator Hall of the 52nd: A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Floyd County to issue general obli gation bonds for the purpose of establishing schools beyond the 12th grade; and for other purposes.
SR 199. By Senators Phillips of the 27th and Hunt of the 26th: A resolution proposing an amendment to the Constitution to authorize

1168

JOURNAL OF THE SENATE,

the City of Macon in Bibb County to establish a joint City-County ad valorem Tax Office; and for other purposes.

SR 200. By Senator Yancey of the 33rd:
A resolution proposing an amendment to the Constitution so as to abolish the office of Coroner of Cobb County; and for other purposes.

The House has passed as amended the following bill and resolution of the Senate:

SB 294. By Senators Carlton of the 21st, Knox of the 24th, and others:
A bill to enact a new Code to provide the exclusive procedure for re cording mortgages, deeds to secure debt, indentures, etc., and for other purposes.

SR 187. By Senator Rowan of the 8th:
A resolution proposing an amendment to the Constitution so as to pro vide for an additional member to the Board of Education of Berrien County; and for other purposes.

The House has passed by substitute the following bills of the Senate:

SB 233. By Senators Gayner of the 5th, Gillis of the 20th, and others:
A bill to enact the "Georgia Administrative Procedure Act"; and for other purposes.

SB 236. By Senators Jackson of the 16th and Webb of the llth:
A bill to authorize the payment of certain federal tax refunds to a sur viving spouse; and for other purposes.

The House has adopted the following resolution of the House:

HR 533. By Mr. Parker of Screven:
A resolution extending an invitation to the members of the General Assembly to attend the Screven County Livestock Festival; and for other purposes.

FRIDAY, FEBRUARY 21, 1964

1169

The House has adopted the Conference Committee report to the following bill of the House:

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 in in part from Cobb County; and for other purposes.

The House insists on its position to the following bills of the House and has appointed a Committee of Conference:

HB 1030. By Mr. Branch of Tift:
A bill to create within the Executive Branch of the State Government a commission to be known as the State Properties Commission; and for other purposes.

The Speaker has appointed as a Committee of Conference on the part of the House the following members:

Messrs. Matthews of Clarke, Murphy of Haralson and Branch of Tift.

HB 1147. By Messrs. Etheridge and McClelland of Fulton: A bill to be known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to authorize counties where the sale of alcoholic beverages is authorized by law; and for other purposes.
The Speaker has appointed as a Committee of Conference on the part of the House the following members:

Messrs. Pope of Cherokee, Story of Gwinnett and Williams of Hall.
HB 162. By Messrs. Keyton of Thomas and Greene of Bartow: A bill comprehensively and exhaustively to revise, supersede, consolidate, and codify the laws relating to public health; and for other purposes.
The Speaker has appointed as a Committee of Conference on the part of the House the following members:

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JOURNAL OF THE SENATE,

Messrs. Greene of Bartow, Keyton of Thomas and Lowrey of Floyd.

The House has disagreed to the Conference Committee report to the following bill of the House:

HB 1147. By Messrs. Etheridge and McClelland of Fulton:
A bill to be known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to authorize counties where the sale of alcoholic beverages is authorized by law; and for other purposes.

The House agrees to the Senate amendments to the following bills and reso lutions of the House:

HB 1210. By Messrs. Snow and Abney of Walker: A bill to create the Walker County Development Authority; and for other purposes.

HB 746. By Messrs. Coker and Pope of Cherokee, Smith of Forsyth, and Milford of Franklin:
A bill to make it unlawful for any person to abandon any domestic animal, including dogs; to provide a penalty; and for other purposes.

HB 802. By Messrs. Smith of Grady and Bolton of Spalding:
A bill to amend an act creating the office of Solicitor-General Emeritus and the Solicitors' General Retirement Fund of Georgia, so as to provide for penalty interest upon delinquent payments into said fund; and for other purposes.

HB 1100. By Mr. Bowen of Randolph:
A bill to amend an act relating to the writ of quo warranto, so as to provide the method of service of process in any quo warranto proceed ing; and for other purposes.

HB 1083. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act creating Emeritus offices for certain State offi cials sp as to provide that any person becoming such State official after April 1, 1964, shall be a member of the Employee's Retirement System and shall not be eligible to be appointed to any Emeritus position under said act; and for other purposes.

FRIDAY, FEBRUARY 21, 1964

1171

HB 984. By Messrs. Newton and Milhollin of Coffee:
A bill to define the terms "agricultural products", "agricultural com modities", and "farm products", as used in the laws of this state except as otherwise specifically defined by law; and for other purposes.

HB 1202. By Mr. Bagby of Paulding:
A bill to provide the compensation for the tax commissioner in counties having a population of not less than 13,000 and not more than 13,150; and for other purposes.

HB 322. By Mr. Simpson of Wheeler:
A bill to amend an act creating the State Board of Registration for Foresters and defining its powers and duties; and for other purposes.

HB 960. By Messrs. Newton of Colquitt, Coker of Cherokee, Bowen of Toombs, Parker of Screven, Brantley of Chandler, and Conner of Jeff Davis:
A bill to amend an Act known as the "Georgia Agricultural Commodities Promotion Act", so as to provide for a change in the time limitation for extending the referendum period; and for other purposes.

HB 1203. By Mr. Bagby of Paulding:
A bill to place the clerk of the Superior Court, the sheriff and the ordinary in counties having a certain population on a salary basis in lieu of a fee basis; and for other purposes.

HB 1023. By Messrs. Harris and Mackay of DeKalb:
A bill to prescribe the duties of the Sheriffs in Counties having a certain population; and for other purposes.

HB 948. By Messrs. Towson and Knight of Laurens:
A bill to amend an act creating the Dept. of Public Safety, so as to authorize the payment of a portion of construction costs of quarters and other facilities for the Uniform Division of the Dept. of Public Safety; and for other purposes.

HB 1199. By Messrs. Groover, House and Laite of Bibb:
A bill to amend an act relating to the Municipal Court of the City of Macon so as to create in lieu thereof a Civil Court of Bibb County; and for other purposes.

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JOURNAL OF THE SENATE,

HB 730. By Messrs. Keyton of Thomas and Greene of Bartow:
A bill to create within the Dept. of Public Health a Division for Georgia Water Quality Control and a State Water Quality Control Board for the utilization of the water resources of the State; and for other purposes.

Mr. Smalley of the 28th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. President:

Your Committee on Judiciary had 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 689. Do Pass.

Respectfully submitted,

Smalley of 28th 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 had had under con sideration 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 recom
mendations :
HB 954. Do pass. HB 1034. Do pass. HB 1117. Do pass. HB 1141. Do pass. HB 1163. Do pass. HB 1249. Do pass. HB 1250. Do pass. HB 1251. Do pass. HB 1252. Do pass. HB 1253. Do pass. HB 1254. Do pass. HB 1255. Do pass.

FRIDAY, FEBRUARY 21, 1964

1173

HB 1256. Do pass. HB 1257. Do pass. HB 1258. Do pass. HB 1259. Do pass. HB 1223. Do pass. HB 1230. Do pass. HB 1057. Do pass as amended. HB 1260. Do pass. HB 1261. Do pass as amended. HB 1245. Do pass. HR 517. Do pass. HR 518. Do pass. HR 519. Do pass. HR 505. Do pass by committee substitute.
Respectfully submitted, Brown of 34th District, Chairman.

Mr. Rowan of the 8th District, Secretary of the Committee on Rules, submit ted the following report:
Mr. President:
Your Committee on Rules had had under consideration the following bills and resolutions of the Hou&e and Senate and has instructed me, as Secretary, to report the same back to the Senate with the following recommendations:
HR 344. Do pass. HR 418. Do pass. HR 444. Do pass. HB 899. Do pass. HR 478. Do pass. HR 479. Do pass. HR 477. Do pass. SR 219. Do pass. HB 1143. Do pass as amended. HB 1076. Do pass as amended.

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JOURNAL OF THE SENATE,

HB 1143. Do pass. HR 459. 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 had 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 885. Do not pass. HB 895. Do pass by substitute. HB 912. Do pass. HB 962. Do pass. HB 980. Do pass. HB 988. Do pass. HB 1239. Do not pass. HR 390. Do pass.
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:
Mr. President:
Your Committee on Health and Welfare had had under consideration the fol lowing resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HR 495. Do pass. Respectfully submitted, Miller of 50th District, Chairman.

FRIDAY, FEBRUARY 21, 1964

1175

Mr. Loggins of the 53rd District, Chairman of the Committee on Agriculture and Natural Resources, submitted the following report:

Mr. President:

Your Committee on Agriculture and Natural Resources had 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 406. Do pass.
HB 1246. Do pass.
Respectfully submitted,
Loggins of 53rd District,
Chairman.

The following bill was read the second time:

SB 361. By Senator Salome of the 36th:
A bill to amend an act creating the Teachers Retirement System of Georgia, approved March 19, 1943 (Ga. Laws 1943, p. 640), as subse quently amended, so as to provide for two additional members of the Board of Trustees, to provide for their selection and terms of office; and for other purposes.

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

HB 1261. By Mr. Smith of Habersham:
A bill to amend code section 24-1801, so as to authorize the ordinaries in counties having a population between 18,110 and 18,120 to hire a clerk whose salary shall be paid from county funds; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 1261 by inserting between the word "the" and the word "grand" as they appear in Section 1, the words "governing authorities and".

On the adoption of the amendment, the ayes were 30, nays 0, and the amend ment was adopted.

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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 30, nays 0.

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

HB 1227. By Messrs. McClelland and Brooks 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 payment of pensions to county employees; and for other purposes.

The Committee on County and Municipal Governments offered the following amendment:
Amend HB 1227 by adding in the Title after the words "so as" and before the words "to provide that any employee who is otherwise entitled" the following:
"to provide increased pensions for certain officials and employ ees; to increase the amount of payments to be made by such officers and employees into the pension fund;"
By renumbering Sections 1, 2 and 3 as 4, 5 and 6, respectively.
By adding a new Section to be known as Section 1 to read as follows:
"Section 1. By striking from Subsection (d) of Section 1 of said 1963 amendment (Ga. Laws 1963, p. 2462, et seq.) the following:
" 'the sum of $400.00 per month, or' " By adding a new Section to be known as Section 2 to read as follows:
"Section 2. By striking from Subsection (f) of Section 1 of said 1963 amendment (Ga. Laws 1963, p. 2462, et seq.) the following:
" 'and up to $1,000.00. No deduction shall be made above $1,000.00 salary' "
By adding a new Section to be known as Section 3 to read as follows: "Section 3. By striking from Subsection (g) of Section 1 of said
1963 amendment (Ga. Laws 1963, p. 2462, et seq.) the following:
" 'up to a maximum monthly salary of $1,000.00' "

FRIDAY, FEBRUARY 21, 1964

1177

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 33, nays 0.

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

HB 1057. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A bill establishing a new charter for the City of Atlanta, relating to im provements at the Zoo in Grant Park; and for other purposes. Senator Brown of the 34th offered the following amendment:
Amend HB 1057 by striking from the second quoted paragraph of Section 1 the following: "Commencing with the year 1966 such one-half ( Vz ) of the said one-half ( Vz ) mill tax may, at the direction of the Mayor and Board of Aldermen, be used exclusively for the purpose of constructing a stadium", and substituting in lieu thereof the following: "Commencing with the year 1966 such one-half (%) of the said one-half (%) mill tax may, at the direction of the Mayor and Board of Alder men, be used for the purpose of constructing a stadium"; and
By striking from the end of the second quoted paragraph of Section 1 the following: "Any sums not used in any one year for such purpose shall be converted into a trust fund to be held and expended for such purpose in future years, until the obligation of the City of Atlanta under any such contract is completely discharged."

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, was agreed to as amended.

On the passage of the bill, the ayes were 33, nays 0.

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

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JOURNAL OF THE SENATE,

HR 505. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A resolution to reactivate the Local Education Commission, to make further investigations and submit plans for the improvement of the edu cational system of Fulton and DeKalb County; and for other purposes.

Senator Brown of the 34th offered the following substitute.
A RESOLUTION
To establish a local education commission in Atlanta and Fulton County to study the desirability and feasibility of combining the school systems of Fulton County and of the City of Atlanta, including the por tion thereof lying in DeKalb County; to provide that said commission may draft a plan or plans for the combining of such school systems and submit same to members of the General Assembly from Fulton and DeKalb Counties; to provide for the organization of said commission; to provide for the publication of said plan or plans; to provide for allo cations of funds by the boards of education of Atlanta and Fulton County for the operation of the commission; to provide for authority to accept donations; and for other purposes.
Section 1
There is hereby created in Fulton County and the City of Atlanta a Commission to study the desirability and feasibility of combining the school systems of Fulton County and the City of Atlanta, including the portion thereof lying in DeKalb County. Said Commission shall be known as the Local Education Commission, of said county, hereinafter referred to as the "Commission". Said Commission shall be composed of nineteen (19) members, classified into the following positions: (a) two ex-officio positions, to be filled by the Superintendent of the Atlanta Public Schools and the Superintendent of the Fulton County Public Schools; (b) four ex-officio representative positions, which shall be filled originally by Oby Brewer, Jr., representing the Board of Education of the City of Atlanta; W. L. Robinson, representing the Board of Education of Fulton County; Earl Lenders, representing the City of Atlanta government and Alan Kiepper, representing the Fulton County Commissioners; and (c) the following voting members of said Commission: Wallace H. Stewart, P. L. Bardin, Fred J. Turner, Otis M. Jackson, J. L. Cawthon, W. Kenneth Stringer, Mrs. A. L. Riter, Dr. R. H. Brisbane, Dr. L. H. Newsome, James White, Jr., Dr. James L. Miller, Jr., Wm. M. Teem III, and Thomas M. Miller.
*
Section 2
Each individual herein named to the Commission shall serve thereon until the Commission is discharged as hereinafter provided, unless he shall refuse to serve or shall die or resign. Whenever a vacancy on the Commission results from the fact that a member refuses to serve or dies or resigns, the vacancy shall be filled by majority vote of the remaining members of the Commission as follows: if the vacancy is in a position

FRIDAY, FEBRUARY 21, 1964

1179

representing one of the Boards of Education, it shall be filled by a person who is then a member of such Board; if the vacancy is in the position representing the Atlanta Chamber of Commerce, it shall be filled by a person who is then an officer thereof; if the vacancy is in one of the additional positions, it shall be filled by a citizen then residing in the City of Atlanta or in Fulton County outside the City of Atlanta. Not withstanding anything else herein stated, if a vacancy takes place in a representative or additional position originally filled by a citizen residing in the City of Atlanta, such vacancy shall be filled by a citizen then residing in the City of Atlanta and in the county wherein the person originally filling said position resided; and if a vacancy takes place in a position originally filled by a citizen residing in Fulton County outside the City of Atlanta, such vacancy shall be filled by a citizen then residing in Fulton County outside the City of Atlanta. A majority of the persons serving as members of the Commission shall constitute a quorum to do business but a less number may adjourn from time to time. The Commis sion shall elect a Chairman, a Vice-Chairman and a Secretary-Treasurer from its membership. The Commission shall adopt, from time to time, such rules, regulations and modes of procedure as it deems expedient for the orderly dispatch of its business. The Commission shall keep minutes and records of its meetings. A monthly statement of all disbursements of the funds hereinafter provided, properly vouched for, shall be fur nished to the Boards of Education of Fulton County and the City of Atlanta. The first meeting of the Commission shall be held within 30 days after the approval of this Resolution by the Governor, at a place and time mutually agreed upon by the members thereof representing the Boards of Education of Fulton County and of the City of Atlanta. Said Boards of Education, or either of them, upon application by the Com mission, shall provide suitable office space and meeting rooms for the Commission.
Section 3

It shall be the function and duty of said Commission to make a study of the educational systems of Fulton County and of the City of Atlanta, including the portion thereof lying in DeKalb County, for the purpose of considering the desirability and feasibility of combining said school systems, and to submit to the General Assembly of the State of Georgia as hereinafter provided a report on the desirability and feasi bility of combining said school systems, and, if the Commission should determine that it may be desirable and feasible to combine said school systems, to submit a plan or plans for the combining of such school sys tems. In making such study the Commission shall give full consideration to the Report of the Local Education Commission which was made pur suant to Ga. Laws 1958, p. 2842, as amended by Ga. Laws 1959, p. 2267, and such plan or plans shall include any changes in political and admin istrative and fiscal structure of either or both of said systems which the Commission deems desirable and feasible.

Section 4

The said Commission shall have the power and authority to hold public hearings and any judge of the superior court upon application signed by the Chairman and Secretary-Treasurer of the Commission shall issue a subpoena for the attendance of any witness or the produc-

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tion of any hooks, papers or records. In making such study the Com mission is authorized to call upon the State of Georgia or any of its agencies or institutions for any aid or assistance which can be rendered it, and to call upon the various departments of the county and munici palities, including the law departments, for such assistance. Said com mission may employ such special, technical and clerical assistance, including but not limited to attorneys, accountants, actuaries, and educational consultants, as may be necessary to assemble the required data and information, to analyze the same and draft the report and the plan or plans for submission to the General Assembly as hereinafter provided. The Commission is authorized to enter into a contract with persons or agencies for providing any or all of the data and information required in carrying out the purposes of the Commission. The Com mission shall reimburse the individual members of the Commission for their actual out-of-pocket expenses incurred by authority of and while on business for the Commission.

Section 5
The official plan or plans, when signed by a majority of said Com mission shall be filed by said Commission with the Representatives of Fulton and DeKalb Counties and the Senators of the 34th, 35th, 36th, 37th, 38th, 39th, 40th, 41st, 42nd, and 43rd Districts in the General Assembly of Georgia and with the Clerks of the superior courts having jurisdiction in Fulton and DeKalb Counties and with the City Clerk of the City of Atlanta on the first day of the next session of the General Assembly following January 1, 1965. Provided however, that if the Com mission is not ready to file its final report at that time, then it shall file an interim report at that time, and shall file its final report on the first day of the next session of the General Assembly following January 1, 1966. At least 60 days prior to filing any of the aforesaid reports, the Commission shall submit a draft copy thereof to each of the aforesaid Boards of Education, for comments and suggested revisions. The Commission shall provide for the publication of a reasonable number of copies of its plan or plans for distribution. When its final report has been filed as hereinabove provided, the Commission shall thereby be discharged.
Section 6
The Board of Education of the City of Atlanta is hereby authorized and directed to allocate the sum of $6,000 and the Board of Education of Fulton County is hereby authorized and directed to allocate the sum of $4,000, for the purpose of carrying out the purposes of this Resolu tion, which are declared to be educational functions of said Boards of Education. Requisitions for sums up to the total amounts hereby directed to be allocated shall be signed by the Chairman and Secretary-Treasurer of said Commission and shall be paid by the official in charge of the funds thus allocated. Nothing in this Resolution shall be construed to prohibit either of said Boards of Education from allocating and paying such additional sums as in its discretion it may find to be necessary to carry out the provisions of this Resolution.

FRIDAY, FEBRUARY 21, 1964

1181

Section 7

The Commission is authorized to accept donations in any form from any source and use the same in any way the Commission may deem advisable to effectuate the aims and purposes of the Commission.

Section 8

It is hereby found, determined and declared that the creation of the Commission and the carrying out of its purpose is in all respects for the benefit of the people of the City of Atlanta and Fulton County and is a public purpose and that the Commission will be performing an essential educational function in the exercise of the power con ferred upon it by this Resolution.

Section 9

This Resolution, being for the welfare of the citizens of Atlanta and of Fulton County, shall be liberally construed to effect the purposes thereof.
Section 10

The provisions of this Resolution are severable and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

On the adoption of the substitute, the ayes were 33, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to by substitute.
On the adoption of the resolution, the ayes were 33, nays 0.
The resolution, having received the requisite constitution majority, was passed by substitute.
HB 954. By Mr. Ponsell of Ware: A bill to consolidate the offices of tax collector and tax receiver of Ware County into the one office of tax commissioner of Ware County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, the ayes were 30, nays 0.

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

HB 1034. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A bill providing that cities having a population of more than 150,000, shall furnish pensions to officers and employees, so as to change the provisions as to maximum pension benefits; and for other purposes.

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

On the passage of the bill, the ayes were 33, nays 0.

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

HB 1117. By Messrs. Flournoy, Wilson and Teague of Cobb:
A bill to amend an act creating a zoning and planning system for un incorporated areas of Cobb County, so as to change the method of advertisement of plans and resolutions for zoning and planning in the affected areas of Cobb County; and for other purposes.

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

On the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1141. By Messrs. Brooks and McClelland of Fulton: A bill to amend an act providing that certain cities having a population of more than 150,000, shall furnish pensions to officers and employees, so as to provide that an officer or employee may designate certain persons as beneficiaries; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, FEBRUARY 21, 1964

1183

On the passage of the bill, the ayes were 30, nays 0.

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

HB 1163. By Mr. Singer of Stewart:
A bill to create a Small Claims Court in Stewart County; and for other purposes.

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

On the passage of the bill, the ayes were 28, nays 0.

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

HB 1249. By Mr. Baughman of Early:
A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Early, so as to provide that the clerk of the Board of County Commissioners shall receive $100.00 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1250. By Messrs. Payton and Blalock of Coweta: A bill to amend an act incorporating the Town of Turin, 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.

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

HB 1251. By Messrs. Payton and Blalock of Coweta:
A bill to amend an act creating a new charter for the Town of Sharpsburg, in the County of Coweta, 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 30, nays 0.

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

HB 1252. By Messrs. Payton and Blalock of Coweta:
A bill to amend an act incorporating the Town of Turin, so as to authorize the Town of Turin to acquire, operate and maintain a water system and plant; and for other purposes.

The report 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 1253. By Mr. Beck of Twiggs:
A bill to amend an act establishing a new charter for the City of Jeffersonville, so as to provide for the time of holding municipal elections; and for other purposes.

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

On the passage of the bill, the ayes were 33, nays 0.

FEIDAY, FEBRUARY 21, 1964

1185

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

HB 1254. By Mr. Beck of Twiggs:
A bill to amend an act establishing a new charter for the Town of Danville, so as to provide for fire districts in said city and fire regula tions therein; and for other purposes.

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

On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1255. By Mr. McCracken of Jefferson: A bill to amend an act incorporating the Town of Stapleton, so as to change the date on which the mayor and councilmen are 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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1256. By Mr. Reaves of Brooks: A bill to amend an act creating a new charter for the City of Quitman, so as to reduce from five to three the number of city 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.

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HB 1257. By Messrs. House and Laite of Bibb:
A bill to amend an act establishing the City Court of Macon, so as to provide for the use of microfilm equipment to record court records; and for other purposes.

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

On the passage of the bill, the ayes were 31, nays 0.

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

HB 1258. By Messrs. House and Laite of Bibb:
A bill to amend an act establishing the City Court of Macon, so as to authorize the judge to promulgate rules and regulations allowing a defendant charged with traffic violation to apear and dispose of said 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 33, nays 0.

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

HB 1259. By Messrs. Abney and Snow of Walker:

A bill to amend the charter of the City of Rossville, so as to authorize

the mayor and council to assess, levy and collect an ad valorem tax

;.. .

upon all property within said city; and for other purposes.

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

On the passage of the bill, the ayes were 29, nays 0.

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

FRIDAY, FEBRUARY 21, 1964

1187

HB 1260. By Messrs. Dicus, Jones and Pickard of Muscogee:
A bill to amend an act entitled "An Act to combine the Department of Health of the City of Columbus with the Department of Health of Muscogee 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 1245. By Messrs. Morgan and Story of Gwinnett:
A bill to incorporate the City of Suwanee, in the County of Gwinnett; to provide a municipal government 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 30, 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:
SB 236. By Senators Jackson of the 16th and Webb of the llth: A bill to authorize the payment of cerain federal tax refunds to a surviving spouse; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
The Committee of the House on Judiciary offered the following substitute:
A BILL
To authorize the payment of certain federal tax refunds to a surviv ing spouse; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. In any case where the United States Treasury Depart ment or the Department of Revenue of the State of Georgia determines that there exists an overpayment of federal or state income tax and the person in whose favor the overpayment is determined to exist is dead at the time such overpayment is to be refunded, the amount of such overpayment, if not in excess of five hundred ($500.00) dollars, shall be the sole and separate property of the decedent's surviving spouse, if any, irrespective of whether the deceased had filed a joint and several or separate income tax return. The refund of said over payment directly to said surviving spouse by the United States or the State of Georgia shall operate as a complete acquittal and discharge to the United States or the State of Georgia of liability from any suit, claim or demand of whatever nature, by any heir, distributee, creditor of the decedent, or any other person. Such refund is hereby authorized to be made as provided herein, without the necessity of administration of the estate of the decedent or without the necessity of obtaining an order that no administration is necessary or without the necessity of appointing a personal representative for the surviving spouse or regard less of the provisions of any other law to the contrary notwithstanding.

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Jackson of the 16th moved that the Senate agree to the House substitute for SB 236.
On the motion, the ayes were 31, nays 0.
The motion prevailed, and the substitute was agreed to.
The following resolution of the Senate was taken up for the purpose of considering a House substitute thereon:
SR 146. By Senators Webb of the llth, Carlton of the 21st and Jackson of the 16th: A resolution proposing an amendment to the Constitution so as to create a Georgia State Scholarship Commission to be authorized and em powered to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to study courses in the paramedical field and other professional and educational fields; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

FRIDAY, FEBRUARY 21, 1964

1189

The House substitute was as follows:

SR 146. By Senators Webb of the llth, Carlton of the 21st and Jackson of the 16th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the General Assembly to provide by law for the creation of a State Scholar ship Commission to be authorized and empowered to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to study courses in the paramedical, professional or educational fields; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph II, of the Constitution is hereby amended by adding at the end thereof the following:
"The General Assembly is hereby authorized to provide by law a State Scholarship Commission to be authorized and empowered to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to study courses in the paramedical, professional or educational fields. The General Assembly is hereby authorized to provide for the duties, powers, authority, jurisdiction and composition of any such commission and is authorized to provide for all other matters relative to the pur poses provided for herein.
"The General Assembly is hereby authorized and empowered to appropriate any amount of funds it deems necessary for the purposes of implementing any Act which becomes law as authorized by this provision."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a State Scholarship Commission to be authorized and empowered to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to study courses in the paramedical, professional or educational fields.

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"Against ratification of amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a State Scholarship Commission to be authorized and empowered to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to study courses in the paramedical, professional or educational fields."

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.

Senator Webb of the llth moved that the Senate agree to the House sub stitute for SR 146.

On the motion, the ayes were 35, nays 0, and the substitute was agreed to.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 294. By Senators Carlton of the 21st, Knox of the 24th, McWhorter of the 43rd, Brewer of the 39th and Broun of the 46th:
A bill to enact a new Code No. 67-108.1 to provide the exclusive proced ure for recording mortgages, deeds to secure debt, indentures, etc., re lating to property of railroad, electric, gas and other public utility cor porations; and for other purposes.

The House amendment was as follows: Mr. McClelland of Fulton moved to amend SB 294 by striking from
the second sentence of quoted section 67-108.1 in section 1 the word "personality" and by inserting in lieu thereof the word "personalty".
Sentor Carlton of the 21st moved that the Senate agree to the House amend ment to SB 294.
On the motion, the ayes were 32, nays 0, and the amendment was agreed to.

FRIDAY, FEBRUARY 21, 1964

1191

The following bill of the Senate was taken up for the purpose of considering a House substitute therefor:

SB 233. By Senators Gayner of the 5th and Gillis of the 20th:
A bill to create the Georgia Administrative Procedure Act; and for other purposes.
A BILL
To establish uniform procedures for administrative agencies; to provide a short title; to provide for definitions; to require agencies to adopt rules describing organization and sources of public information as well as rules of practice covering both formal and informal pro cedures, including a description of forms and instructions; to make available for public inspection all rules and statements of policy and interpretation and all final orders and decisions; to prevent the in vocation of any rule or decision for any purpose until publication and availability; to provide the procedure for the adoption of rules; to afford an opportunity to interested persons to present views concerning proposed rules; to provide a special procedure for the adoption of rules when public health, safety or welfare is threatened; to provide a time limitation for contesting the validity of rules; to provide a special proce dure when rule making is required by law to be passed on a record after a hearing; to provide for the filing of rules in the Office of the Secre tary of State; to require the Secretary of State to file, index and pub lish, periodically, such rules; to require the courts to take judicial notice of such rules; to permit the filing of a petition for the adoption of rules; to permit the filing of a petition for the adoption of rules; to permit variations and exceptions to rules; to authorize declaratory judgments on the validity of rules; to permit the issuance of declaratory rules; to permit an aggrieved person to demand a hearing; to require agencies to act on such demands; to provide for contested cases and notice, hearing and record thereon; to provide for intervention; to provide for rules of evidence; to provide for examination of evidence by the agency; to provide for decisions and orders; to provide for ex parte consultations; to provide for licensing; to provide for judicial review of contested cases; to provide for appeals; to provide for con struction of this Act; to provide an effective date; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Short title. This Act shall be known as and may be cited as the "Georgia Administrative Procedure Act". It is intended that this Act nor create or diminish any substantive rights or delegated authority but is to provide a procedure for administrative determination and regulation where expressly authorized by law or otherwise required by the Constitution or a statute.
Section 2. Definitions. For the purpose of this Act:
(a) "Agency" means each state board, bureau, commission, de partment, activity or officer authorized by law expressly to make rules

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and regulations or to determine contested cases except the General Assembly, the judiciary, the Governor, the Board of Pardons and Paroles, the State Board of Probation, the Board of Bar Examiners, the Board of Corrections and its penal institutions, the State Board of Workmen's Compensation, the Public Service Commission, all Public Authorities, the State Personnel Board (Merit System), the State Supervisor of Purchases (Purchasing Department), the regulation of liquor and alcoholic beverages, or any school, college, hospital or other such educational, eleemosynary or charitable institution, or any agency when its action is concerned with the military or naval affairs of this State.

(b) "Contested case" means a proceeding, other than rate making or price fixing but including licensing, in which the legal rights, duties and privileges of a specific party or parties are required by law to be determined after an opportunity for a hearing.

(c) "License" includes the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law but it does not include a license required solely for revenue purposes. "Licensing" includes the agency process respecting the grant, denial, renewal, revocation, suspension, annulment, with drawal, or amendment of a license.

(d) "Party" means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party.

(e) "Person" means any individual, partnership, corporation, as sociation, governmental subdivision, or public or private organization or any character other than an agency.

(f) "Rule" means each agency regulation, standard or statement of general or particular applicability that implements, interprets or prescribes law or policy, or describes the organization, procedure, or practice requirements of any agency. The term includes the rules of practice and procedure for the approval or prescription for the future of rates and prices and the amendment or repal of a prior rule but does not include the following:
1. statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public;

2. declaratory rulings issued pursuant to Section 12 of this Act;

3. intra-agency memoranda;

4. statements of policy or interpretations that are made in the decision of a contested case;

5. rules concerning the use or creation of public roads or fa-

FRIDAY, FEBRUARY 21, 1964

1193

cilities which are communicated to the public by use of signs or symbols;

6. rules which relate to the acquiring, sale, development and management of the property (both real and personal) of the State or of an agency;

7. rules which relate to contracts for the purchases and sales of goods and services by the State or of an agency;

8. rules which relate to the employment, compensation, tenure, terms, retirement or regulation of the employees of the State or of an agency.

9. rules relating to loans, grants and benefits by the State or of an agency.

Section 3. Adoption of Rules; Public Inspection; Availability of Rules, Orders and Decisions; Sanction.

(a) In addition to other rule-making requirements by law, each agency shall:

(1) Adopt as a rule a description of its organization, stating the general course and method of its operations and the methods whereby the public may obtain information or make submissions or requests.
(2) Adopt rules of practice setting forth the nature and re quirements of all formal and informal procedures available, includ ing a description of all forms and instructions used by the agency.

(3) Make available for public inspection all rules and all other written statements of policy or interpretations formulated, adopted, or used by the agency in the discharge of its functions.

(4) Make available for public inspection all final orders, de cisions, and opinions except those expressly made confidential or privileged by statute.

(b) No agency rule, order or decision shall be valid or effective against any person or party; nor may it be invoked by the agency for any purpose, until it has been published or made available for public inspection as required in this section. This provision is not applicable in favor of any person or party who has actual knowledge thereof.
Section 4. Procedure for Adoption of Rules.
(a) Prior to the adoption, amendment or repeal of any rule, other than interpretive rules or general statements of policy, the agency shall:

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(1) Give at least twenty (20) days' notice of its intended ac tion. The notice shall include a statement of either the terms or substance of the proposed regulation or a description of the sub jects and issues involved, and of the time when, the place where and the manner in which interested persons may present their views thereon. The notice shall be mailed to all persons who have requested in writing that they be placed upon a mailing list, which shall be maintained by the agency for advance notice of its rulemaking proceedings and who have tendered the actual cost of such mailing as from time to time estimated by the agency.

(2) Afford to all interested persons reasonable opportunity to submit data, views or arguments, orally or in writing. In the case of substantive rules, opportunity for oral hearing must be granted if requested by twenty-five (25) persons, who will be directly affected by the proposed rule, by a governmental subdi vision, or by an association having not less than twenty-five (25) members. The agency shall consider fully all written and oral submissions respecting the proposed rule. Upon adoption of a rule, the agency, if requested to do so by an interested person, either prior to adoption or within thirty (30) days thereafter, shall issue a concise statement of the principal reasons for and against its adoption, and incorporate therein its reason for overruling the consideration urged against its adoption.

(b) If an agency finds that an imminent peril to the public health, safety or welfare (including but not limited to summary processes such as quarantines, contrabands, seizures and the like authorized by law without notice), requires adoption of a rule upon fewer than twenty (20) days' notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable, to adopt an emergency rule. The rule may be effective for a period of not longer than 120 days but the adoption of an identical rule under subsections (a) (1) and (a) (2) of this Section is not precluded.

(c) It is the intent of this Section to establish basic minimum procedural requirements for the adoption, amendment or repeal of ad ministrative rules. Except for emergency rules which are provided for in subsection (b), the provisions of this Section are applicable to the exercise of any rule-making authority conferred by any statute, but nothing in this Section repeals or diminishes additional requirements imposed by law or diminishes or repeals any summary power granted by law to the State or any agency thereof.

(d) No rule hereafter adopted is valid unless adopted in substantial compliance with this Section. A proceeding to contest any rule on the ground of noncompliance with the procedural requirements of this Section must be commenced within two (2) years from the effective date of the rule.

(e) In any rule making proceeding where the agency is required by law to prescribe rules upon the basis of a record after hearing, in cluding but not limited to rate making or price fixing, the provisions

FRIDAY, FEBRUARY 21, 1964

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of Sections 14, 16, 17, 21 and 22 of this Act shall be applicable.

Section 5. Filing; rules previously issued.

(a) Within twenty (20) days after the effective date of this Act, each agency shall file with the Secretary of State a certified copy of all rules which were adopted by such agency prior to the effective date of this Act and which are still of full force and effect.

(b) The copy of each rule shall contain a citation of the authority pursuant to which such rule was adopted.

(c) The Secretary of State shall endorse on each copy the time and date of filing, and shall maintain a file of such rules for public inspection.

(d) Any rule made by an agency prior to the effective date of this Act shall be void and of no effect unless filed in accordance with sub sections (a), (b), and (c) of this Section.

Section 6. Future rules; filing; effective date.

(a) Each rule hereafter adopted shall not become effective until the expiration of twenty (20) days after an original and two copies of such rule shall be filed in the office of the Secretary of State. Each rule so filed shall contain a citation of the authority pursuant to which it was adopted, and if an amendment, it shall clearly identify the original rule.

(b) The Secretary of State shall endorse on each rule thus filed the time and date of filing and shall maintain a file of such rules for public inspection.

(c) The twenty (20) day filing period is subject to the following exceptions:

(1) Where a statute or the terms of the rule require a date which is later than the twenty (20) day period, then such later date is the effective date.

(2) Emergency rules adopted pursuant to Section 4 may be come effective immediately or within a period less than twenty (20) days. A copy of the finding required by Section 4 shall be filed with the rule.

(d) The Secretary of State shall prescribe rules governing the manner and form in which regulations shall be prepared for filing. The Secretary may refuse to accept for filing any rule that does not conform to such requirements.

Section 7. Publication of Rules.

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(a) As soon as practicable after the effective date of this Act, the Secretary of State shall compile, index and publish all rules adopted by each agency and remaining in effect. Compilations shall be supple mented or revised as often as necessary and at least once every two years.

(b) The Secretary of State shall publish a monthly bulletin in which he shall set forth the text of all rules filed during the preceding month, excluding rules in effect upon the adoption of this Act.

(c) The Secretary may in his discretion omit from the bulletin or the compilation rules which if published would be unduly cumbersome, expensive or otherwise inexpedient, if such rules are made available in printed or processed form on application to the adopting agency, and if the bulletin or compilation contains a notice stating the general subject matter of the rules so omitted and stating how copies thereof may be obtained.

(d) Bulletins and compilations shall be made available upon re quest to the heads of all departments, bureaus, agencies, commissions, and boards of this State free of charge and to other persons at a price fixed by the Secretary of State to cover publication and mailing costs.

Section 8. Judicial Notice. The courts shall take judicial notice of any rule which has become effective pursuant to the provisions of this Act.

Section 9. Petition for Adoption of Rules. An interested person may petition an agency requesting the promulgation, amendment, or reepal of a rule. Each agency shall prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition. Within thirty (30) days after submission of a petition, the agency either shall deny the petition in writing (stating its rea sons for the denial) or shall initiate rule-making proceedings in ac cordance with Section 4 of this Act.

Section 10. Variation of rules; exceptions.
(a) When the application or observance of a rule results in severe practical difficulties or unnecessary hardships any affected person may petition the agency for a variation or an exception to such rule, and the decision of such agency as to such variation or exception shall be final.

(b) Each agency shall keep a record of all variations or exceptions which are granted. Such record shall be indexed and kept open for public inspection.

Section 11. Declaratory Judgment on Validity of Rules.

(a) The validity of any rule may be determined in an action for declaratory judgment when it is alleged that the rules or its threatened application interferes with or impairs the legal rights of the petitioner.

FRIDAY, FEBRUARY 21, 1964

1197

A declaratory judgment may be rendered whether or not the petitioner has first requested the agency to pass upon the validity of the regula tion in question.

(b) The agency shall be made a party to the action and a copy of the petition shall be served on the Attorney General. The action shall be brought in the Superior Court of Fulton County or in the Superior Court of the County of residence of the petitioner. When the petitioner is a corporation, the action may be brought in the Superior Court of Fulton County or the County where the petitioner maintains its principal place of doing business in Georgia.

(c) Actions for declaratory judgment provided for in this Section shall be in accordance with the Declaratory Judgment Act, approved February 12, 1945 (Georgia Laws 1945, pp. 137-139), as amended.

Section 12. Declaratory Rulings by Agencies. Each agency shall provide by rule for the filing and prompt disposition of petitions for declaratory rulings as to the applicability of any rule or order of the agency, and for declaratory rulings by the Attorney General as to the applicability of any rule or order of the agency, and for declaratory rulings by the Attorney General as to the applicability of any statutory provision. Rulings disposing of petitions have the same status as agency decisions or orders in contested cases.

Section 13. Demand for Hearing.
(a) The agency shall hold a hearing upon written demand therefor by any person aggrieved by any act, or failure of the agency to act if such failure is deemed an act under any provision of the agency statute, or by any order of the agency other than an order on a hearing of which such person was given actual notice or at which such person appeared as a party.
(b) Any such demand for a hearing shall be made within thirty (30) days after the act or failure to act causes the injury and shall specify in what respects such person is aggrieved and the grounds to be relied upon as a basis for the relief to be demanded at the hearing, and unless postponed by mutual consent the hearing shall be held within thirty (30) days after receipt by the agency of the demand therefor. The proceeding shall have the status of a contested case.
(c) Pending such hearing and the decision thereon, the agency may suspend or postpone the effective date of its previous action.

Section 14. Contested Cases; Notice; Hearing; Record.
(a) In addition to any other requirements imposed by common law, constitution, statutes or regulations, in any contested case, all parties shall be afforded an opportunity for hearing after reasonable notice served personally or by mail.

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(b) The notice shall include:

(1) a statement of the time, place and nature of the hearing;

(2) a statement of the legal authority and jurisdiction under which the hearing is to be held;

(3) a reference to the particular section of the statutes and rules involved;
(4) a short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time, the notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished.
(5) a statement as to the right of any party to subpoena wit nesses and documentary evidence through the agency.
(c) Opportunity shall be afforded all parties to be represented by legal counsel and to respond and present evidence on all issues involved.

(d) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.

(e) Unless specifically precluded by statute, in addition to the agency, any contested case may be held before any agency representa tive who has been selected and appointed by the agency for such pur pose. Before appointing a hearing representative, the agency shall de termine that the person under consideration is qualified by reason of training, experience and competence.

(f) The agency, the hearing officer, or any representative of the agency authorized to hold a hearing, shall have authority to do the following: to administer oaths and affirmations; sign and issue sub poenas, rule upon offers of proof; regulate the course of the hearing, set the time and place for continued hearings, and fix the time for filing briefs; dispose of motions to dismiss for lack of agency jurisdiction over the subject matter or parties or for any other ground; dispose of motions to amend or to intervene; provide for the taking of testimony by deposition or interrogatory; reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the agency or the hearing officer.
(g) Subpoenas shall be issued without discrimination between public and private parties. When a subpoena is disobeyed, any party may apply to the Superior Court of the County where the contested case is being heard for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court. The costs of securing the attendance of witnesses, including fees and mileage, shall be computed and assessed in the same manner as prescribed by law in civil cases in the Superior Court.

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1199

(h) A record shall be kept in each contested case and shall include:

(1) all pleadings, motions, intermediate rulings;

(2) a summary of the oral testimony plus all other evidence received or considered, except that oral proceedings, or any part thereof, shall be transcribed or recorded upon request of any party. Upon written request therefor, a transcript of such oral proceeding, or any part thereof, shall be furnished to any party to the pro ceeding. The agency shall set a uniform fee for such service;

(3) a statement of matters officially noticed;

(4) questions and offers of proof and rulings thereon;

(5) proposed findings and exceptions;

(6) any decision (including any initial, recommended or tenta tive decision), opinion, or report by the officer presiding at the hearing;

(7) all staff memoranda or data submitted to the heairng offi cer or members of the agency in connection with their consideration of the case.

(i) Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

(j) "Except in cases in which a hearing has been demanded under Section 13, Section 14 and the other provisions of this Act concerning contested cases shall not apply to any case arising in the administra tion of the Revenue Laws which is subject to a subsequent trial of the law and the facts de novo in the Superior Court."

Section 15. Intervention. In contested cases:
(a) Upon timely application any person shall be permitted to inter vene: (1) when a statute confers an unconditional right to intervene; or (2) when the representation of applicant's interest is or may be adequate;

(b) Upon timely application any person may be permitted to inter vene: (1) when a statute confers a conditional right to intervene, or (2) when the applicant's claim or defense and the main action have a a question of law or fact in common. In exercising its discretion the agency shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of existing parties.

Section 16. Rules of Evidence; Official Notice. In contested cases:

(a) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in civil cases in the Superior

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Courts of Georgia shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under such rules, evidence not ad missible thereunder may be admitted except where precluded by statute if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.

(b) Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original or have it established as documentary evidence according to the rules of evidence applicable to the Superior Courts of this State.

(c) A party may conduct such cross examination as shall be re quired for a full and true disclosure of the facts.
(d) Official notice may be taken of judicially cognizable facts. In addition, official notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge; but parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material so noticed. The agency's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.

Section 17. Examination of Evidence by Agency. When in a con tested case a majority of the officials of the agency who are to render the final decision have not heard the case or read the record, the deci sion, if adverse to a party to the proceeding other than the agency itself, shall not be made until a proposal for decision is served upon the parties, and an opportunity is afforded to each party adversely af fected to file exceptions and present briefs and oral argument to the officials who are to render the decision. The proposal for decision shall contain a statement of the reasons therefor and of each issue of fact or law necessary to the proposed decision, prepared by the person who conducted the hearing or one who has read the record. The parties by written stipulation may waive compliance with this Section.

Section 18. Decisions and Orders.
(a) In contested cases in which the agency has not presided at the reception of the evidence, the agency representative who presided shall initially decide the case or the agency shall require the entire record before the agency representative to be certified to it for initial decision. When such representative makes the initial decision, and in absence of an application to the agency within thirty (30) days from the date of notice of the initial decision for review, or an order by the agency within such time for review on its own motion, such initial decision shall, without further proceedings, become the decision of the agency. On review from the initial decision of such representative the agency shall have all the powers it would have in making the initial decision, and if

FRIDAY, FEBRUARY 21, 1964

1201

deemed advisable, the agency may take additional testimony or remand the case to the hearing representative for such purpose. When the agency makes the initial decision without having presided at the re ception of evidence, the agency representative shall first recommend a decision, a copy of which shall be sent to each party, and which shall be made a part of the record.

(b) A final decision or order adverse to a party, other than the agency, in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated, and the effective date of the decision or order. Find ings of facts, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Each agency shall maintain a properly indexed file of all decisions in contested cases which shall be open for public inspection with the exceptions provided in Section 3 (a) (4). A copy of the deci sion or order and accompanying findings and conclusions shall be de livered or mailed promptly to each party or to his attorney of record. Nothing in this Section shall prevent agencies from entering summary decisions or orders for contested cases informally disposed of under Section 14 (d).

(c) Each agency shall render a final decision in contested cases within thirty (30) days after the close of the record required by Section 14, except that any agency, by order, may extend such period in any case in which it shall find that the complexity of the issues and the length of the record require an extension of such period, in which event the agency shall render decision at the earliest date practicable.

Section 19. Licensing.
(a) When the grant, denial, or renewal of a license is required by law to be preceded by notice and opportunity for hearing, the provisions of the Act concerning contested cases shall apply.

(b) When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license shall not expire until such application has been denied or the terms of the new license limited, until the last day for seeking review of the agency order, or such later date as may be fixed by the order of the reviewing court.

(c) No revocation, suspension, annulment, or withdrawal of any license is lawful unless, prior to the institution of agency proceedings the agency has sent notice by certified mail to the licensee of individual facts or conduct which warrant the intended action, and the licensee has been given an opportunity to show compliance with all lawful require ments for the retention of the license, except where:
(1) the agency finds that the public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, in which case, summary suspension of a license may be ordered pending proceedings for revocation or other

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action, which proceeding shall be promptly instituted and deter mined;

(2) the agency's order is expressly required, by a judgment or a statute, to be made without the right to a hearing or continuance of any type.

Section 20. Judicial Review of Contested Cases.
(a) Any person who has exhausted all administrative remedies available within the agency and who is aggrieved by a final decision in a contested case is entitled to judicial review under this Act. This Sec tion does not limit utilization of or the scope of judicial review avail able under other means of review, redress, relief, or trial de novo pro vided by law. A preliminary, procedural, or intermediate agency action or ruling is immediately reviewable if review of the final agency deci sion would not provide an adequate remedy.

(b) Proceedings for review are instituted by filing a petition within thirty (30) days after the service of the final decision of the agency or, if a rehearing is requested, within thirty (30) days after the decision thereon. Such petition may be filed in the Superior Court of Fulton County or in the Superior Court of the County of residence of the petitioner. When the petitioner is a corporation, the action may be brought in the Superior Court of Fulton County or the County where the petitioner maintains its principal place of doing business in Georgia. Copies of the petition shall be served upon the agency and all parties of record. The petition shall state the nature of the petitioner's interest, the fact showing that petitioner is aggrieved by the decision and the ground as specified in subsection (h) of this Section upon which peti tioner contends that the decision should be reversed or modified. The petition may be amended by leave of court.

(c) Irrespective of any provisions of statute or agency rule with respect to motions for rehearing or reconsideration after a final agency decision or order, the filing of such a motion shall not be a prerequisite to the filing of any action for judicial review or relief; provided, how ever, no objection to any order or decision of any agency shall be con sidered by the court upon petition for review unless such objective shall have been urged before the agency.

(d) The filing of the petition does not itself stay enforcement of the agency decision. The agency may grant, or the reviewing court may order, a stay upon appropriate terms upon good cause shown.

(e) Within thirty (30) days after the service of the petition, or within further time allowed by the court, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent cor rections or additions to the record.

FRIDAY, FEBRUARY 21, 1964

1203

(f) If, before the date set for hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and there were good reasons for failure to present it in the proceedings before the agency, the court may order that the additional evidence be taken before the agency upon conditions determined by the court. The agency may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court.

(g) The review shall be conducted by the court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the agency, not shown in the record, proof thereon may be taken in the court. The court, upon request, shall hear oral argu ment and receive written briefs.

(h) The court shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substan tial rights of the appellant have been prejudiced because the administra tive findings, inferences, conclusions, or decisions are:
(1) in violation of constitutional or statutory provisions;

(2) in excess of the statutory authority of the agency;

(3) made upon unlawful procedure;

(4) affected by other error of law;

(5) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or

(6) arbitrary or capricious or characterized by abuse of dis cretion or clearly unwarranted exercise of discretion.

Section 21. Appeals. An aggrieved party may obtain a review of any final judgment of the Superior Court under this Act by the Court of Appeals or the Supreme Court, as provided by law.

Section 22. Construction and Effect. Nothing in this Act shall be held to diminish the constitutional rights of any person or to limit or repeal additional requirements imposed by statute or otherwise recog nized by law nor diminish any delegation of authority to any agency nor create any substantive rights but shall be procedural. Except as otherwise required by law, all requirements or privileges relating to evidence or procedure shall apply equally to agencies and persons. Every agency is granted all authority necessary to comply with the require ments of this Act through the issuance of rules or otherwise. Should any provision of this Act be held unconstitutional by a court of compe
tent jurisdiction, it shall not vitiate the remaining provisions, but all such remaining provisions shall be given full force and effect.

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Section 23. The decision of any agency of the State which is reviewable may be reviewed by appealing the same to the Superior Court of the county wherein the person affected resides within 20 days of the decision.

Section 24. This Act shall become effective April 1, 1965, but shall not apply to contested cases pending at that time.

Senator Gayner of the 5th moved that the Senate agree to the House sub stitute for SB 233.

On the motion, the ayes were 33, nays 0, and the substitute was agreed to.

The following resolution of the Senate was taken up for the purpose of considering a House amendment thereto:

SR 187. By Senator Rowan of the 8th: A resolution proposing an amendment to the Constitution so as to provide for an additional member of the Board of Education of Berrien County; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
The House amendment was as follows:
Amend SR 187 by adding in the title before the phrase "to provide for the submission of this amendment for ratification or rejection" the phrase "to provide for the appointment of such additional member;"
By striking in its entirety Section 1, which read as follows:
"Section 1. Article VIII, Section V, Paragraph I of the Con stitution is hereby amended by adding at the end of the first para graph thereof the following:
"Provided, however, the Board of Education of Berrien County shall be composed of six freeholders who shall be selected in the same manner as provided for above.",
and by inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. Article VIII, Section V, Paragraph I of the Con stitution is hereby amended by adding at the end of the first para graph thereof the following:
"Provided, however, the Board of Education of Berrien County

FRIDAY, FEBRUARY 21, 1964

1205

shall be composed of six freeholders who shall be selected in the same manner as provided for above.

"The additional member provided for herein shall be appointed by the grand jury first convening after the ratification and procla mation of this amendment."

Senator Rowan of the 8th moved that the Senate agree to the House amend ment to SR 187.

On the motion, the ayes were 30, nays 0, and the amendment was agreed to.

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

HB 895. By Messrs. Cullens of Bartow, Bagby of Paulding, Odom of Dougherty, Floyd of Chattooga and Shea of Chatham and others:
A bill to amend an act providing the manner in which liability insurers may compromise and settle claims of third persons against their insureds, so as to provide that covenants not to sue shall be excluded from the provisions of said act; and for other purposes.

The Committee on Judiciary offered the following substitute:
A BILL
To be entitled an Act to amend an Act providing the manner in which liability insurers may compromise and settle claims of third persons against their insureds, approved April 17, 1963 (Ga. Laws 1963, p. 643), so as to provide that the provisions of the Act approved April 17, 1963 (Ga. Laws 1963, p. 643), shall not change the legal effect of covenants not to sue as the same existed upon the passage of said Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. An Act providing the manner in which liability insurers may compromise and settle claims of third persons against their insureds, approved April 17, 1963 (Ga. Laws 1963, p. 643), is hereby amended by adding at the end of Section 1 a new paragraph to read as follows:
"The provisions of the Act providing the manner in which lia bility insurers may compromise and settle claims of third persons against their insureds, approved April 17, 1963 (Ga. Laws 1963, p.

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643), shall not be deemed or construed to change in any way the legal effect of covenants not to sue as the same existed prior to the passage of said Act."

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 31, nays 0.

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

SR 157. By Senators Webb of the llth, Lee of the 47th and Hall of the 52nd:
A resolution creating a joint committee to study work-release plans in other states; and for other purposes.

The Committee on Penal and Correctional Affairs offered the following substitute:
A RESOLUTION
Creating a Senate Committee to Study Work-Release Plans and Other Penal Programs in Georgia and in other States; and for other purposes.
Whereas, it is recognized that the implementation of meaningful and lasting penal reform in Georgia must be predicated upon the reduc tion of the State's prison population to a realistic and manageable level; and
Whereas, the States of North Carolina and Wisconsin have demon strated that this can be accomplished to a great degree through opera tion of a Work-Release Plan whereby trustworthy inmates are permit ted to support themselves and their dependents by working at gainful occupations outside the institutions to which they are confined; and
Whereas, such a program not only reduces the cost of operating a State Corrections Program but also contributes substantially to the economic well-being and rehabilitation of the participating inmate; and

FRIDAY, FEBRUARY 21, 1964

1207

Whereas, it is the belief of those who are charged with the re

ts

sponsibility of initiating penal reform in Georgia that a study of the

|j

Work-Release Plan would indicate some variation of it would be a valu-

;fi

able instrument in the achievement of their goals; and

Whereas, it is the belief of those who are charged with the respon sibility of initiating penal reform in Georgia that, in the light of the study of the Work-Release Plans as described herein, other progressive penal practices and programs in other states and in Georgia might be determined as particularly worthy of study with a view to effecting even greater economies and efficiency in the State Corrections Program;

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that

the Committee on Penal and Correctional Affairs of the Senate with

such other additional members of the Senate as designated by the Lieu

tenant Governor is authorized to study Work-Release Plans and Other

Penal Programs in Georgia and in other States. The Committee is

authorized to make a study of the Work-Release Plans now in operation

in North Carolina and Wisconsin and such other progressive penal prac

tices and programs in other states and in Georgia as might be deter

mined by said Committee to be particularly worthy of study in keeping

with its objectives. The Committee shall report back to the next Ses

sion of the Senate on the feasibility of undertaking a similar Work-



Release Plan in Georgia, and on other of its findings that might con

tribute to improvements in the State Corrections Program. The mem

bers of the Committee shall receive the compensation, per diem, ex

penses and allowances authorized for legislative members of interim

legislative committees. The Chairman of the Committee is authorized

to designate subcommittees from the Committee membership. The Com

mittee shall have ten (10) days per Committee members to complete

the study as provided herein. The funds necessary to carry out the

purposes of this Resolution shall come from the funds appropriated to

or available to the Legislative Branch of the Government.

On the adoption of the substitute, the ayes were 33, nays 0, and the substi tute was adopted.

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 by substitute.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

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SB 249. By Senators Pennington of the 45th and Fuqua of the 22nd:
A bill to amend an act known as the "Stone Mountain Memorial Asso ciation Act", approved February 21, 1958, (Ga. L. 1958, p. 61), as amended, so as to redefine the term "bonds" or "revenue bonds"; to repeal conflicting laws; and for other purposes.

The House amendment was as follows:
Messrs. Wilkes of Cook and Groover of Bibb moved to amend SB 249 by striking therefrom the words and figures $15,000,000 and insert ing in lieu thereof the words and figures "$10,000,000."

Senator Pennington of the 45th moved that the Senate agree to the House amendment to SB 249.

On the motion, the ayes were 29, nays 0, and the amendment was agreed to.

HB 670. By Messrs. Groover and House of Bibb:
A bill to authorize municipalities to enact ordinances making it unlawful to sell or possess non-tax paid alcoholic beverages; and for other pur poses.

The Committee on Judiciary offered the following substitute:
A BILL
To be entitled an Act to authorize municipalities to enact ordinances making it unlawful to sell or possess non-tax paid alcoholic beverages; to authorize punishment for violations; to limit the jurisdiction of municipalities to try certain offenses; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Any other provisions of law to the contrary notwith standing, every incorporated municipality in this State is hereby empowered to provide by ordinance that it shall be unlawful to sell or possess non-tax paid alcoholic beverages. It shall not be necessary that such ordinance be in the exact language as set out above, and the fact that State Law makes it unlawful to sell or possess such alcoholic bever ages shall have no effect on the validity of any such ordinance. Any person convicted under any such ordinance shall be punished as pro vided in such ordinance. Provided, however, that if the defendant elects to have the charge treated as a State offense and waives commitment,

FRIDAY, FEBRUARY 21, 1964

1209

the recorder or city judge shall summarily fix his bond and bind his case over to the appropriate State tribunal.

Section 2. No municipality shall have jurisdiction to try any per son accused of violating any ordinance which this Act shall empower any municipality to enact when (1) if as a related offense and re volving out of the same occurrence, the accused is charged with the commission of a felony, or (2) if as an ancillary proceedings, any prop erty of the accused other than such alcoholic beverage and its immediate container is to be condemned. Under such circumstances the accused shall be bound over to the proper tribunal for trial.

Section 3. Any other provision of this Act to the contrary not withstanding, no person shall be tried in both a municipal court and a State tribunal for the same act for which such person is tried pursuant to the provisions of this act. Provided further, that nothing herein shall be construed to prevent the recorder or city judge from binding over to the appropriate Court any person charged with selling or possessing non-tax paid alcoholic beverages.

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 16, nays 17, and the sub stitute 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 10, nays 20.

The bill, having failed to receive the requisite constitutional majority, was lost.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendments to the following bills and resolutions of the House to wit:

HB 1189. By Messrs. Moore and Dean of Polk:
A bill to amend an act placing certain officers of Polk County on a salary basis; and for other purposes.

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JOURNAL OF THE SENATE,

HR 60. By Mr. Fleming of Richmond: A resolution to compensate J. F. Patton; and for other purposes.

HR 79. By Mr. Clarke of Monroe: A resolution compensating E. W. Banks; and for other purposes.

HR 80. By Mr. Wilson of Cobb: A resolution compensating C. W. Clarke; and for other purposes.

HR 127. By Mr. Lindsey of Wilkes: A resolution compensating Oley F. Cleveland; and for other purposes.

HR 178. By Mr. Bowen of Toombs:
A resolution compensating William C. Somers, Jr.; and for other pur poses.

HR 202. By Messrs. Mackay and Harris of DeKalb: A resolution to compensate Cyrus W. Horton IV; and for other purposes.

HR 256. By Mr. Houston of Pierce:
A resolution to compensate the Nimmer Chevrolet Company; and for other purposes.

HR 332. By Mr. Hall of Lee: A resolution to compensate Homer C. Aired; and for other purposes.

HR 326. By Mr. Bynum of Rabun: A resolution to compensate Mr. James M. Houck; and for other purposes.

HR 341. By Mr. Hurst of Quitman: A resolution to compensate J. D. Holmes; and for other purposes.

HR 348. By Messrs. Bynum of Rabun and Cullens of Bartow: A resolution compensating Alfred Buren Parker; and for other purposes.

FRIDAY, FEBRUARY 21, 1964

1211

HE 377. By Mr. Lee of Clinch: A resolution to compensate Clinch County; and for other purposes.

HB 934. By Mr. Stalnaker of Houston:
A bill to amend an act incorporating the City of Centerville; and for other purposes.

HR 357. By Messrs. Caldwell and Echols of Upson:
A resolution to compensate Mrs. Katherine Landers Jones; and for other purposes.

HR 356. By Messrs. Caldwell and Echols of Upson:
A resolution to compensate Mrs. Cynthia L. Oxford; and for other purposes.

HB 844. By Mr. Story of Gwinnett:
A bill to amend an act creating the Teachers Retirement System, so as to provide a limitation upon reestablishment of membership after having withdrawn contributions; and for other purposes.

The House has passed as amended the following Bill and Resolution of the Senate:

SB 349. By Senator Rowan of the 8th:
A bill creating a Teachers' Retirement Fund, as amended, so as to de fine what salary deductions for contributions into the Fund shall be made; and for other purposes.

SR 202. By Senator Phillips of the 27th:
A resolution creating an interim study committee for traffic safety; and for other purposes.

The House has passed by the requisite constitutional majority the following bills of the Senate to wit:

SB 257. 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.

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JOURNAL OF THE SENATE,

SB 302. By Senator Moore of the 31st:
A bill to confer upon Polk County the right to condemn private property and all rights therein for the purpose of small watershed projects and for watershed protection and flood control; and for other purposes.

SB 303. By Senator Moore of the 31st:
A bill to amend an act establishing a new charter for the City of Cedartown; and for other purposes.

SB 340. By Senators Johnson of the 42nd, Conway of the 41st, McWhorter of the 43rd, and Wesberry of the 37th:
A bill to provide for the use of voting recorders and tabulating ma chines for recording and computing votes at all elections in any county in Ga. having a certain population; and for other purposes.

SB 351. By Senators Wesberry of the 37th, Salome of the 36th, Coggin of the 35th and others:
A bill to provide for the use of voting recorders and tabulating machines for recording and computing votes at all elections; and for other pur poses.

SB 359. By Senators Fuqua of the 22nd and Scott of the 23rd:
A bill to amend an act entitled "An Act to regulate public instruction in the county of Richmond"; and for other purposes.

The House has disagreed to the Senate Amendment to the following resolu tion of the House:

HR 406. By Mr. Teague of Cobb:
A resolution proposing an amendment to the Constitution so as to pro vide for increased homestead exemption for certain persons sixty-five years of age or over; and for other purposes.

HB 1013. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend Title 92, Div. I, Part IX, Chapter 92-32 of the 1933 Code so as to provide a new schedule of penalties for failure to file a timely return and for filing of a false or fraudulent return; and for other purposes.

FRIDAY, FEBRUARY 21, 1964

1213

The House has adopted the following resolutions of the Senate:

SR 230. By Senator Noble of the 19th:
A resolution requesting the Board of Regents to establish a four year college at the Middle Georgia College; and for other purposes.

SR 229. By Senators Byrd of the 17th and Broun of the 46th:
A resolution commending Honorable J. Alton Hosch; and for other purposes.

SR 234. By Senators Brown of the 34th, Brewer of the 39th, and others: A resolution expressing appreciation to Chief Herbert Jenkins, Lt. H. J. Copeland, etc.; and for other purposes.

SR 215. By Senator Miller of the 50th:
A resolution calling upon the Dept. of State Parks to study the feasibility of converting one or more of the north Georgia parks into a winter resort; and for other purposes.

SR 228. By Senator Byrd of the 17th:
A resolution to authorize and empower the State Board of Mines Mining and Geology to initiate and direct an accelerated program to survey and inventory the natural resources of this State; and for other pur poses.

HR 457. By Wilkes of Cook and Hill of Meriwether:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a program of guaranteed stu dent loans and for the payment of interest on student loans for higher education; to create an entity for administering such program; to pro vide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VII, Section I, Paragraph II of the Constitution is hereby amended at the end thereof the following:

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"The General Assembly is hereby authorized to provide by law for a program of guaranteed student loans and for the payment of interest on such loans, which loans shall be used for the purpose of acquiring an education beyond the twelfth (12th) grade. The General Assembly is authorized to create an authority, a corpora tion or other entity for the purpose of administering any such law. Such law shall provide the agencies which may participate in any such loan program which may include commercial banks, savings banks, savings and loan associations, life insurance companies, credit unions, and retirement and pension systems. Such laws shall pro vide a maximum rate of interest which may be charged for such loans and shall provide a portion of such interest which will be paid by the State. State funds may be expended for such purposes and the General Assembly is hereby authorized to appropriate money therefor. The General Assembly is also authorized to pro vide that contributions for the purposes provided herein shall be deductible for State income tax purposes. The General Assembly is also authorized to provide for such tax exemptions as shall be deemed advisable in connection with such program. The General Assembly is hereby authorized to provide for all other matters relative to the purposes provided for herein."

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 following submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to authorize the General Assembly to provide by law for a program of guaranteed student loans and for the payment of interest on student loans for higher education and to create an entity for ad ministering such program.

"Against ratification of amendment to the Constitution so as to authorize the General Assembly to provide by law for a program of guaranteed student loans and for the payment of interest on student loans for higher education and to create an entity for ad ministering such program."

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

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this

FRIDAY, FEBRUARY 21, 1964

1215

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 Downing Ellis Fincher Gayner Gillis

Hall Heard Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Knox Lee Miller McKinnon Oliver Plunkett

Rowan Salome Scott Searcey Spinks Thomas Tribble Webb Yancey Young 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 ma jority, was adopted.

HB 937. By Mr. Ballard of Newton:
A bill to amend an act making and providing appropriations for the fiscal year beginning July 1, 1963 and ending June 30, 1964 and the fiscal year beginning July 1, 1964 and ending June 30, 1965, so as to provide for the deletion of certain language from section 26 of said act dealing with 100% Federal Funds; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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The bill, involving an appropriation, 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 Downing Ellis Gayner Gillis Gordy Hall

Heard Holloway Hunt Jackson Johnson of 42nd Kendrick Knox Lee Maclntyre McKinnon Noble Oliver

Phillips Plunkett Rowan Searcey Smalley Smith Spinks Thomas Webb Wesberry Yancey Young

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

On the adoption of the bill, the ayes were 36, nays 0.

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

HB 406. By Mr. Milhollin of Coffee:
A bill to amend an act known as the Georgia Fertilizer Act of 1960, so as to define the word "lot" insofar as it applies in determining plant nutrient deficiency and penalties; and for other purposes.

The report 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 1089. By Messrs. Wilkes of Cobb and Hill of Meriwether:
A bill to create the Georgia Higher Education Assistance Corporation; and for other purposes.

FRIDAY, FEBRUARY 21, 1964

1217

The report 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 1243. By Mr. McCelland of Fulton:
A bill to amend an act relating to the practice of all branches of pro fessional engineering, so as to require the State Board of Registration for Professional Engineers and Land Surveyors to give examinations relating to certain proficiencies; and for other purposes.

The report 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 1071. By Mr. Mitchell of Whitfield:
A bill to amend an act authorizing municipalities and counties to pro vide and maintain recreation systems, so as to authorize joint action by municipalities and counties or combination thereof; 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.

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

HB 963. By Messrs. Bowen of Toombs, Matthews of Colquitt, Fowler of Treutlen, Simpson of Wheeler and others:
A bill to amend an act entitled "Uniform Act Regulating Traffic on Highways", so as to change the maximum speed limit of trucks, and truck-tractors and trailers; and for other purposes.

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JOURNAL OP THE SENATE,

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

On the passage of the bill, the ayes were 32, nays 0.

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

HB 932. By Messrs. Ware of Troup, Vaughn of Rockdale, Rhodes of Baker, Jones of Worth, Fowler of Douglas:
A bill to amend an act providing for the giving of security by owners and operators of motor vehicles, so as to change the minimum amount of damages to property or person resulting from an accident, requiring the filing of a report of the accident causing such damages; and for other purposes.

The report 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 980. By Mr. McClelland of Fulton:
A bill to amend an act relating to the authority of administrators to provide for the estate competent legal counsel, so as to provide that the expenses and fees of such legal counsel may be approved by the ordi nary; and for other purposes.

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

On the passage of the bill, the ayes were 28, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1208. By Mr. Scarborough of Crawford: A bill to amend an act known as the "Hospital Authorities Act", so as

FRIDAY, FEBRUARY 21, 1964

1219

to include "health centers" in the definition of the word "project"; and for other purposes.

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

On the passage of the bill, the ayes were 31, nays 0.

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

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 349. By Senator Rowan of the 8th:
A bill creating a Teachers' Retirement Fund, approved March 19, 1943, (Ga. L. 1943, p. 640), as amended, so as to define, for the purposes of this act, what salary deductions for contributions into the fund shall be made; to repeal conflicting laws; and for other purposes.

The House amendment was as follows: Mr. Walker of Lowndes moved to amend SB 349 by striking the
second paragraph of section 8A of said bill.
Senator Rowan of the 8th moved that the Senate agree to the House amend ment to SB 349.
On the motion, the ayes were 28, nays 0, and the amendment was agreed to.
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 266. By Senators Harrison of the 48th and Fuqua of the 22nd: A bill to amend Code Section 24-2901 relating to qualifications of per-

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sons eligible to hold the office of solicitor general; and for other pur poses.

SB 267. By Senators Harrison of the 48th and Fuqua of the 22nd:
A bill to amend Code Section 24-2602 relating to the eligibility of per sons to be judges of the superior courts so as to provide that any person must be a member in good standing of the State Bar of Ga.; and for other purposes.

The House has adopted as amended by the requisite constitutional majority the following resolution of the Senate to wit:

SR 158. By Senators Johnson of the 42nd, Conway of the 41st, and others:
A resolution proposing an amendment to the Constitution so as to de clare the acquisition of the system of public transportation of passengers for hire in the City of Atlanta, and the Counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett to be essential governmental function and a public purposes; and for other purposes.
The following bill of the House was taken up for the purpose of considering House action thereto:

HB 1013. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A bill to amend Title 92, Div. I, Part IX, Chapter 92-32 of the 1933 Code so as to provide a new schedule of penalties for failure to file a timely return and for filing of a false or fraudulent return; and for other purposes.
Senator Carlton of the 21st moved that the Senate recede from its position in amending HB 1013.

On the motion, the ayes were 31, nays 0, and the motion prevailed.
The following bill of the Senate was taken up for the purpose of considering a House substitute therefor:
SB 266. By Senators Harrison of the 48th and Fuqua of the 22nd: A bill relating to qualifications of persons eligible to hold the office

FRIDAY, FEBRUARY 21, 1964

1221

of solicitor general so as to provide that any such person must be a member in good standing of the State Bar of Georgia; to repeal con flicting laws; and for other purposes.

The House offered the following substitute: By Mr. Paris of Barrow:

A BILL
To amend Code Section 24-2901, relating to qualifications of persons eligible to hold the office of solicitor general, so as to provide that any person who has been disbarred from the practice of law and not re instated as provided by law shall be ineligible to hold the office of solicitor general; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 24-2901, relating to qualifications of per sons eligible to hold the office of solicitor general, is hereby amended by adding before the period the following: ", and who has been dis barred from the practice of law and not reinstated as provided by law", so that when so amended Code Section 24-2901 shall read as fol lows:
"24-2901. Qualifications.--No person is eligible to the office of solicitor general who has not been a resident citizen of this State three years just preceding his election or appointment, and who does not permanently reside in the circuit at the time of his elec tion or appointment, and who has not attained the age of 25 years, and who has not been duly admitted and licensed to practice law in the superior courts for at least three years, and who has been disbarred from the practice of law and not reinstated as provided by law."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Fuqua of the 22nd moved that the Senate agree to the House sub stitute for SB 266.
On the motion, the ayes were 28, nays 0, and the substitute was agreed to.
The following bill of the Senate was taken up for the purpose of considering a House substitute therefor:

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SB 267. By Senators Harrison of the 48th and Fuqua of the 22nd:
A bill relating to the eligibility of persons to be judges of the superior courts so as to provide that any such person must be a member in good standing of the State Bar of Georgia; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:
By Mr. Paris of Barrow:
A BILL
To amend Code Section 24-2603, relating to the eligibility of persons to be judges of the superior courts, so as to provide that any person who has been disbarred from the practice of law and not reinstated as pro vided by law shall be ineligible to hold the office of judge of the superior court; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 24-2603, relating to the eligibility of per sons to be judges of the superior courts, is hereby amended by striking the following: "and shall have practiced law for seven years.", and inserting in lieu thereof the following: "shall have practiced law for seven years, and shall have been duly reinstated to the practice of law in the event of his disbarment therefrom.", so that when so amended Code Section 24-2603 shall read as follows:
"24-2603. Eligibility.--No person shall be judge of the superior courts unless, at the time of his election, he shall have attained the age of 30 years, shall have been a citizen of the State three years, shall have practiced law for seven years, and shall have been duly reinstated to the practice of law in the event of his disbarment therefrom."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Fuqua of the 22nd moved that the Senate agree to the House sub stitute for SB 267.

On the motion, the ayes were 28, nays 0, and the substitute was agreed to.

The following resolution of the Senate was taken up for the purpose of con sidering a House amendment thereto:

FRIDAY, FEBRUARY 21, 1964

1223

SR 202. By Senator Phillips of the 27th:
A resolution creating an interim study committee for traffic safety; and for other purposes.

The House amendment was as follows:
Mr. Steis of Harris moved to amend SR 202 by striking from the first sentence of the Resolving Clause the words "two" and "three" and substituting in lieu thereof the word "four" and by adding before the period in said sentence the following: ", and such members as shall be appointed by the Governor, not to exceed four, from persons who are interested in traffic safety", so that when so amended, the first sentence of the Resolving Clause shall read as follows:
"NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created a Traffic Safety Committee to be composed of four members of the Senate and four members of the House of Representatives, to be appointed by the Lieutenant Governor and the Speaker of the House, respec tively, and such members as shall be appointed by the Governor, not to exceed four, from persons who are interested in traffic safety."

Senator Phillips of the 27th moved that the Senate agree to the House amend ment to SR 202.

On the motion, the ayes were 30, nays 0, and the amendment was agreed to.

The following bill of the House was taken up for the purpose of considering the report of a Committee of Conference thereon:

HB 1030. By Mr. Branch of Tift: A bill to create within the executive branch of the State Government a commission to be known as the State Properties Commission; and for other purposes.
The report of the Committee of Conference was as follows:
Mr. Speaker:
Mr. President:
The Conference Committee on HB 1030 has met and adopts the following report:
The House hereby recedes from its position, and the Committee

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JOURNAL OF THE SENATE,

recommends that subsection (a) of quoted Section 91-103A of Section 1 of said bill be amended to read as follows:

"Section 91-103A. Commission; creation; members, officers; quorum; meetings; seal; by-laws; compensation.--(a) There is here by created within the Executive Branch of State Government a body to be known as the 'State Real Properties Control Commis sion' which shall consist of: the Governor; the Secretary of State; the Treasurer; the State Auditor; the Chairman of the Georgia Public Service Commission; the President of the Senate; the Speaker of the House; the Chairman of the State Institutions and Property Committee of the House of Representatives; a member of the House of Representatives to be elected by a majority vote of the House at the 1965 regular session of the General Assembly, and biannually thereafter; the Chairman of the Public Utilities and Transportation Committee of the Senate; and a member of the Senate to be elected by a majority vote of the Senate at the 1965 regular session of the General Assembly, and biannually thereafter. Such State Institutions and Property Committee shall elect one of its members to serve on the Commission until such time as a mem ber of the House is elected in the 1965 regular session as hereinabove provided. Such Public Utilities and Transportation Commit tee shall elect one of its members to serve on the Commission until such time as a member of the Senate is elected in the 1965 regular session as hereinabove provided."
Respectfully submitted,
By: Loggins of 53rd Carlton of 21st Pennington of 45th On behalf of the Senate
By: Thomas B. Murphy W. Frank Branch Chappelle Matthews On behalf of the House of Representatives

Senator Carlton of the 21st moved that the Senate adopt the report of the Committee of Conference on HB 1030.
On the motion, the ayes were 30, nays 0, and the report of the Committee of Conference was adopted.
The House has adopted the Conference Committee report to the following bill of the House:
HB 1030. By Mr. Branch of Tift: A bill to create within the Executive Branch of the State Government a

FRIDAY, FEBRUARY 21, 1964

1225

commission to be known as the State Properties Commission; and for other purposes.

HB 1076. By Messrs. Maekay of DeKalb, Barber of Jackson, Jones of Muscogee, Harris of DeKalb, Killian of Glynn and Matthews of Clarke:
A bill to create the Georgia Art Commission; to provide for the com position of the Commission; and for other purposes.

The Committee on Rules offered the following amendment:
Amend HB 1076 by striking from Section 2 the word "nine" and inserting in lieu thereof the word "ten".
By striking from the second sentence of Section 2 the words "Geor gia Chapter of the American Institute of Architects" and inserting in lieu thereof the words "Georgia Council of the American Institute of Architects".
By inserting between the word "Georgia" and the word "and" in Section 2 the following:
"one member from a privately supported institution of higher learning offering an accredited program in the visual arts, selected from nominees submitted by such institutions".
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 34, 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 a House substitute therefor:
SB 278. By Senators Johnson of the 38th, Maclnytre of the 40th, Coggin of the 35th, Salome of the 36th and others: A bill to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874, (Ga. L. 1874, p. 116), and the

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JOURNAL OF THE SENATE,

several acts amendatory thereof; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:
By the Committee on Local Affairs:
A BILL
To be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA and it is hereby enacted by authority of the same that the Act entitled an Act establishing a new charter for the City of Atlanta, approved February 28, 1874 (Ga. Laws 1874, p. 116), and the several Acts amendatory thereof, be further amended as follows:
Section 1. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law.
Section 2. Vacancies in any office, whether elected by the people or by the Board of Aldermen with the exception of the Mayor and the Board of Aldermen shall be filled by a vote of the Board of Aldermen and the person so elected shall serve the remainder of the term.
Section 3. All vacancies in the membership of the Board of Alder men occurring within 15 calendar months or less of the expiration of their term of office shall be filled by the Mayor from a list of three qualified nominees submitted by the Board of Aldermen. All vacancies occurring in the membership of the Board of Aldermen more than 15 months prior to the expiration of their term of office shall be filled by a majority of the votes cast in a special election called by the Board of Aldermen on the same day as the next General Election in which members of the House of Representatives of Fulton County are elected. If no one person voted on in such special election receives a majority of the votes cast, a run-over election shall be called by the Board of Aldermen and said election shall be held not less than 10 nor more than 30 days thereafter, and, in such election only the two candidates receiving the highest number of votes in the special election shall be accepted as candidates in such run-over election. All electors or voters, from that part of Atlanta that is in DeKalb County, voting in any special election or run-over election as herein provided shall vote at the precincts that are established in DeKalb County for the holding of gen eral elections. In the event the election herein provided will not be held within sixty (60) days after the occurrence of such vacancy, the

FRIDAY, FEBRUARY 21, 1964

1227

Mayor shall fill such vacancy from a list of three qualified nominees submitted by the Board of Aldermen for the interim from the time of the occurrence of such vacancy until the person elected at such special election enters upon the duties of the office as a member of the Board of Aldermen. The persons so appointed or elected and qualified shall hold office until the expiration of said unexpired term and until his successor is elected and qualified.

Section 4. Section 2 of an amendatory Act entitled "An Act to amend an Act establishing a new charter for the City of Atlanta, ap proved February 28th, 1874, and the several acts amendatory thereof, and for other purposes.", approved February 26, 1941 (Ga. Laws 1941, p. 1057), relating to the filling of vacancies, is hereby stricken in its entirety.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Johnson of the 38th moved that the Senate agree to the House substitute for SB 278.

On the motion, the ayes were 33, nays 0, and the substitute was agreed to.

HB 1150. By Mr. Houston of Pierce:
A bill to amend an act relating to injuring or interfering with property of communication systems; and for other purposes.

The Committee on Public Utilities and Transportation offered the following substitute:
A BILL
To be entitled an Act to amend Code Section 26-3805, relating to injuring or interfering with the property of communication systems and the punishment therefor, so as to change such punishment; to provide for exemptions; to change the word unlawfully to wilfully; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 26-3805, relating to injuring or interfering with the property of communication systems and the punishment there for, is hereby amended by striking said Section in its entirety and in serting in lieu thereof a new Section 26-3805 to read as follows:
"26-3805. Injuring or interfering with property of communi cation system; punishment.--Whoever wilfully and intentionally

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JOURNAL OF THE SENATE,

injuries or destroys any of the poles, cables, wires, fixtures, or other apparatus, equipment or appliances belonging to a company, or a political subdivision of this State, engaged in the transmission of messages or communications, including police and fire alarm signal ling systems, or wilfully and intentionally interferes in any way with the working or use of any line or system, or otherwise wilfully and intentionally obstructs, hinders, or delays the transmission of communication over such line or system shall, upon conviction for a first offense, be punished as for a misdemeanor; provided, how ever that upon conviction for second offense punishment shall be by confinement in the penitentiary for not less than one year nor more than ten years; provided further that if the jury trying the case shall so recommend and the trial judge shall approve the recommendation punishment shall be as for a misdemeanor, or in case a plea of guilty be entered, the trial judge may of his own motion reduce the punishment to that provided by law for misde meanors. Provided nothing herein shall apply to any person or firm who is in the act of executing a contract for the State of Georgia or a political subdivision of the State of Georgia after first giving the owners or their representatives or agents a reasonable notice of such contract."

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 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 29, nays 1.

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

The following resolution of the House was taken up for the purpose of considering House action thereto:

HR 406. By Mr. Teague of Cobb:
A resolution proposing an amendment to the Constitution so as to pro vide for increased homestead exemption for certain persons sixty-five years of age or over; and for other purposes.

FRIDAY, FEBRUARY 21, 1964

1229

Senator Yancey of the 33rd moved that the Senate recede from its position

,

in amending HR 406.

I On the motion, the ayes were 31, nays 1, and the motion prevailed.
HR 473. By Messrs. Mackay and Harris of DeKalb:

A RESOLUTION

Proposing an amendment to Article VII, Section VI, Paragraph I, of the Constitution of the State of Georgia of 1945, as amended, pro viding for contracts for the use of public facilities, so as to provide that DeKalb County and any and all municipalities lying wholly within said county are authorized to contract for the assessment and collection of municipal taxes; to provide that such taxes may be collected in whole or in such installments as agreed to; to provide that such municipalities may use County tax assessments for tax purposes; to provide that any such municipality may combine its tax assessment and collection facili ties by agreement and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA, and it is hereby resolved by the authority of same:

SECTION 1

That Article VII, Section VI, Paragraph I, of the Constitution of the State of Georgia of 1945, as amended, providing for contracts for the use of public facilities, be, and the same is hereby, further amended by adding a new paragraph to be appropriately numbered and to read as follows:

"The provisions of this Article or other provisions of this Constitution and existing Laws to the contrary notwithstanding, DeKalb County and any and all municipalities lying wholly within said County are hereby authorized to contract with each other for the assessment and evaluation of taxable property in any such municipality and the billing and collection of municipal taxes by DeKalb County on behalf of any such municipality, which taxes may be collected in whole or in such installments and by the use of such forms as may be agreed to by the County and municipality; the assessments and evaluations made by the DeKalb County Board of Tax Assessors for County taxation may be used by any such municipality for ad valorem tax purposes and any such municipality may combine its tax assessment and/or collection facilities, returns, and agencies or any part thereof with DeKalb County by agree ment."
SECTION 2

When this resolution shall have been agreed to by two-thirds (2/3) of the members elected to both houses of the General Assembly of Geor gia, the same shall be entered on their journals with the yeas and nays taken thereon and shall be submitted to the people for ratification or

1230

JOURNAL OP THE SENATE,

rejection at the next general election for members of the General As sembly as provided by the Constitution of the State of Georgia. At said general election, those desiring to vote in favor of said amendment shall have written or printed on their ballots the words, "For ratification of a constitutional amendment to the Constitution of the State of Georgia of 1945, as amended, authorizing DeKalb County and any and all municipalities lying wholly therein to contract for the assessment and collection of municipal taxes by DeKalb County, for the use of County tax assessments by the municipalities and for the combination of tax collection facilities and agencies of such municipalities with DeKalb County by agreement." Those desiring to vote against ratification of said amendment shall have written or printed on their ballots the words, "Against ratification of a constitutional amendment to the Constitution of the State of Georgia of 1945, as amended, authorizing DeKalb County and any and all municipalities lying wholly therein to contract for the assessment and collection of municipal taxes by DeKalb County, for the use of County tax assessments by the municipalities and for the com bination of tax collection facilities and agencies of such municipalities with DeKalb County by agreement."

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 Constitution of the State of Georgia, as amended, vote in favor of the ratification of this amendment the same shall, upon the result thereof being ascertained, consolidated and certified as provided by law, become a part of the Con stitution 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:

Brewer Broun of 46th Brown of 34th Byrd Carlton Carter Conway Downing Ellis Fincher Gayner

Gordy Harrison Heard Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Knox Lee

Loggins Maclntyre Miller Moore McKinnon Oliver Owens Pennington Phillips Plunkett Rowan

Scott Searcey Smalley Smith

FRIDAY, FEBRUARY 21, 1964

1231

Spinks Thomas 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 45, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 477. By Mr. Smith of Camden:
A RESOLUTION
Proposing an amendment to the Constitution so as to create a new Camden County Board of Tax Assessors; to designate the first members of the new county board of tax assessors; to provide for filling vacan cies; to provide for their qualifications, terms of office, duties, and com pensation; to abolish the old County Board of Tax Assessors of Camden 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 new paragraphs to read as follows:
"There is hereby created a new board to be known as the Cam den County Board of Tax Assessors, which shall have the same powers and duties as the present county board. The Camden County Board of Tax Assessors shall consist of five members. The first members of the Camden County Board of Tax Assessors created under this amendment shall be Quincy Adams, F. B. Buchanan, Edmund Gross, W. T. Scarboro, and J. R. MacDonell, who shall hold their offices for five years each and until their successors are appointed and qualified. In the event any of the persons designated herein as members of the first board of tax assessors shall be unable to serve for any reason, then such vacancy or vacancies shall be filled by the remaining initial members. Successors to the initial members of the Camden County Board of Tax Assessors shall be appointed by the governing authority of Camden County for terms of office of five years each and until their successors are appointed and qualified. Vacancies shall be filled by the governing authority of Camden County for the unexpired term.

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"The Camden County Board of Tax Assessors in existence at the time of ratification of this amendment is hereby abolished as of December 31, 1964, and the terms of all members of such board shall expire at that time. The new members of the Camden County Board of Tax Assessors created herein shall take office on January 1, 1965.

"Code Chapter 92-69 of the Code of Georgia of 1933, as amended or hereafter amended, setting forth the powers, duties, qualifications, compensation, and other matters pertaining to county boards of tax assessors, shall apply to the Camden County Board of Tax Assessors created herein except when in conflict with the provisions of this amendment."

SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as proivded 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 Board of Tax Assessors for Camden County and to designate the first members of the new board.

"Against ratification of amendment to the Constitution so as to create a new Board of Tax Assessors for Camden County and to designate the first members of the new board."

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:

FRIDAY, FEBRUARY 21, 1964

1233

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Byrd Carlton Carter Conway Downing Ellis Fincher Gayner Gordy Harrison Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Knox Lee Loggins Maclntyre Miller Moore McKinnon Oliver Owens Pennington

Phillips Plunkett Rowan Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 478. By Mr. Smith of Forsyth:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of members of the board of education of Forsyth County by the people; to provide the procedure connected therewith; to provide for education districts; to provide for the qualifications, terms of office, duties, and compensation of the members of the board; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution, relating to county boards of education, is hereby amended by adding at the end thereof the following:
"There is hereby created a new board of education to be known as the board of education of Forsyth County, which shall have the

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JOURNAL OF THE SENATE,

same powers and duties as the present county board. The board of education of Forsyth County shall consist of five (5) members who shall be elected as hereinafter provided. For the purpose of this Act and for the purpose of electing such members, Forsyth County shall be divided into five (5) education districts as follows:

"Education district number 1 shall be composed of that portion of Forsyth County embracing and known as the Gumming militia district.

"Education district number 2 shall be composed of that portion of Forsyth County embracing and known as the Big Creek, Bells, and Vickers militia districts.

"Education district number 3 shall be composed of that portion of Forsyth County embracing and known as the Ducktown, Setten Down, and Hightower militia districts.

"Education district number 4 shall be composed of that portion of Forsyth County embracing and known as the Cold Mountain and Barkers militia districts.

"Education district number 5 shall be composed of that portion of Forsyth County embracing and known as the Rolands, Chestatee, New Bridge, and Chattahoochee militia districts.

"One member shall be elected to the board of education of For syth County from each education district by the voters of the educa tion district he represents. In order to be eligible to hold office as a member of said board, a person must be of good moral character, favorable to the common school system, have at least a fair knowl edge of the elementary branch of the English education, and must be qualified to vote for members of the General Assembly. No person shall be eligible for membership on the board who has not been a resident of Forsyth County and the education district from which he offers as a candidate for at least one year immediately preceding the date of the election, and unless such person is a freeholder.

"Not later than ten (10) days after the ratification of this amendment, it shall be the duty of the ordinary of Forsyth County to issue the call for an election for the purpose of electing the mem bers of the board of education of Forsyth County. The day of such election shall be set for a day not less than fifteen (15) nor more than twenty (20) 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 con nected therewith, once a week for two weeks immediately preceding the date thereof in the official organ of Forsyth County. The terms of office of the members elected from education district numbers 1 and 2 shall be for two (2) years each and until their successors are elected and qualified. The terms of office of the members elected from education district numbers 3, 4, and 5 shall be four (4) years each and until their successors are elected and qualified. All mem-

FRIDAY, FEBRUARY 21, 1964

1235

bers elected at such election shall take office on January 1, 1965. The successors to such members shall be elected in the general elec tion every two (2) years thereafter for terms of office of four (4) years each and until their successors are elected and qualified. Each member of the board shall be compensated in the amount of twentyfive ($25.00) dollars per month. At the first meeting held by the board in each year, the members shall elect a chairman and a vicechairman who shall serve for that year.

"The board of education of Forsyth County in effect at the time of the ratification of this amendment shall be abolished effective December 31, 1964, and the terms of office of the members of such board shall expire on such date.

"The board of education of Forsyth County, as provided for herein, shall be subject to all constitutional provisions and to all general statutory provisions relative to county boards of education unless such provisions are in conflict with the provisions of this amendment."
SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposad 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 pro vide for the election of the members of the board of education of Forsyth County by the people.
"Against ratification of amendment to the Constitution so as to provide for the election of the members of the board of education of Forsyth County by the people."

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 such 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.

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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 Broun of 46th Brown of 34th Byrd Carlton Carter Conway Downing Ellis Fincher Gayner Gordy Harrison Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Knox Lee Loggins Maclntyre Miller Moore McKinnon Oliver Owens Pennington

Phillips Plunkett Rowan Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 479. By Mr. Smith of Forsyth:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the members of the Board of Education of Forsyth County shall elect a County School Superintendent for Forsyth 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 VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

FRIDAY, FEBRUARY 21, 1964

1237

"The County School Superintendent of Forsyth County holding office at the time of the ratification of this amendment shall con tinue to hold office until the normal expiration of his term on Decem ber 31, 1964, except that the Board, at its own pleasure, may fill any vacancy which might occur prior to the normal expiration of such term. Thereafter, the County School Superintendent of Forsyth County shall be elected by the Board of Education of Forsyth County, and shall serve at the pleasure of the Board, and said County School Superintendent shall no longer be elected by the voters of Forsyth County. The Board of Education of Forsyth County shall fix the compensation of the County School Superintendent. The Board of Education of Forsyth County shall not be bound by any provisions of law relating to residential requirements of persons elected to the office of County School Superintendent.

"The County School Superintendent of Forsyth County as pro vided for herein shall be subject to all other constitutional provisions and all general statutory provisions relative to county school super intendents unless such provisions are in conflict with the provisions of this amendment."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution to provide that the Board of Education of Forsyth County shall elect a County School Superintendent.

"Against ratification of amendment to the Constitution to pro vide that the Board of Education of Forsyth County shall elect a County School Superintendent."

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.

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JOURNAL OF THE SENATE,

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 Broun of 46th Brown of 34th Byrd Carlton Carter Conway Downing Ellis Fincher Gayner Gordy Harrison Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Knox Lee Loggins Maclntyre Miller Moore McKinnon Oliver Owens Pennington

Phillips Plunkett Rowan Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 482. By Messrs. House, Groover and Laite of Bibb and Roberts of Jones:
A RESOLUTION
To propose an amendment to Article XI, Section I, Paragraph VI of the Constitution of Georgia, so as to require, without any enabling act, the board of registrars of any county in which any part of the City of Macon shall be situated to furnish the registrar of the City of Macon upon request a complete written list of the name, address, age and ward of each registered voter of said county who resides in the City of Macon, together with the length of his residence in the city if it be less than three months, and to furnish additions and deletions thereto upon request.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS SO RESOLVED AS FOLLOWS:

FRIDAY, FEBRUARY 21, 1964

1239

SECTION 1

That Article XI, Section I, Paragraph VI of the Constitution of Georgia, ratified in the general election of August 7, 1945, as the same may have been heretofor or contemporaneously with ratification hereof, amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit:

"Provided, however, that notwithstanding any provision of law or of this Constitution to the contrary, the Board of registrars of any county in which any part of the City of Macon is situated shall within fifteen days after a request therefor by the registrar of the City of Macon, furnish said registrar a complete written list giving the name, address, and ward of each registered voter of said County who resides in the City of Macon. If the registrant has resided in the City of Macon less than three months, the list shall reflect the length of such residence. Thereafter, within fifteen days after re quest therefor by the registrar of the City of Macon, the board of registrars of said counties shall furnish the registrar of the City of Macon a list of additions and deletions to the current list or a new and revised list, furnishing said city registrar the information rela tive to additions which is necessary in order to revise the city voters list to reflect voters eligible to vote on a cut off date designated by the city registrar. The City of Macon shall reimburse the County authorities for furnishing such lists and the additions and deletions thereto, the price to be paid to be mutually agreed upon or deter mined by arbitration as provided in Chapter 7-2 of the Georgia Code Annotated. The action of any board of arbitrators shall be conclusive and the compensation awarded by it shall be paid.

SECTION 2
That when this amendment shall have been agreed to by the requisite two-thirds of the members elected to each of the two houses of the General Assembly, it shall be entered on their journals with the "yeas" and "nays" taken thereon, it shall be published as required by law in such cases and submitted to the qualified voters for ratification or rejection at the next general election at which constitutional amendments may be voted on. The ballot submitting the above proposed amendment shall have written or printed thereon the words: "For ratification of amendment of Article XI, Section I, Paragraph VI of the Constitution of Georgia, so as to require, without any enabling act, the board of registrars of any county in which any part of the City of Macon shall be situated to fur nish the registrar of the City of Macon upon request a complete written list of the name, address, and ward of each registered voter of said county who resides in the City of Macon, together with the length of his residence in the city if it be less than three months, and to furnish addi tions and deletions thereto upon request, and providing for payment for such services." and the words: "Against ratification of amendment of Article XI, Section I, Paragraph VI of the Constitution of Georgia, so as to require, without any enabling act, the board of registrars of any county in which any part of the City of Macon shall be situated to fur nish the registrar of the City of Macon upon request a complete written list of the name, address, and ward of each registered voter of said

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JOURNAL OF THE SENATE,

county who resides in the City of Macon, together with the length of his

residence in the city if it be less than three months, and to furnish addi-

|

tions and deletions thereto upon request, and providing for payment for

|

such services."

All qualified electors desiring to vote in favor of adopting the pro posed amendment shall vote for ratification of the amendment, and all qualified electors desiring 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 Bibb County, Jones County and in the City of Macon, shall vote for ratification 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 elections for mem bers of the General Assembly and it shall be the duty of the Secretary of State to ascertain the results and certify the results to the Governor who shall, if such amendment be ratified, make proclamation thereof.

The report of the committee, which was favorable to the adoption of the 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 Broun of 46th Brown of 34th Byrd Carlton Carter Conway Downing Ellis Fincher Gayner Gordy Harrison Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Knox Lee Loggins Maclntyre Miller Moore McKinnon Oliver Owens Pennington

Phillips Plunkett Rowan Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

FRIDAY, FEBRUARY 21, 1964

1241

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
I ' HR 483. By Messrs. Mitchell and Smith of Whitfield:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide for the division of Whitfield County into school districts and for the election of members of the County Board of Education from such districts; to pro vide for their terms of office and qualifications; to provide for the elec tion of the County School Superintendent of Whitfield County by the County Board of Education; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1

Article VIII, Section V, Paragraph I of the Constitution, relating to County Boards of Education is hereby amended by adding at the end thereof the following:

"The Board of Education of Whitfield County shall be composed of five members who shall be elected by the voters of Whitfield County with the exception of those voters residing in the corporate limits of Dalton. Any person in order to be eligible for membership on the Board must be registered and eligible to vote for members of the General Assembly from Whitfield County, must have resided in Whitfield County for at least one year immediately preceding the date of the election, and must reside in the district, hereinafter designated, from which he offers as a candidate for at least six months immediately preceding the date of the election. For the pur pose of electing the members of the Board of Education of Whitfield County, Whitfield County is hereby divided into four Education Districts and one Education District at large. Education District No. 1 shall be composed of all that portion of Whitfield County lying within the following described plat:

'Commencing at a point where the Louisville and Nashville Rail road intersects the City Limits of Dalton, Georgia, northeasterly to State Route No. 52; thence easterly along State Route No. 52 to the Whitfield-Murray County Line, thence southerly along WhitfieldMurray County Line to the Whitfield-Gordon County Line, thence westerly along the Whitfield-Gordon County Line to the Louisville and Nashville Railroad, then northerly along the Louisville and Nashville Railroad to the point of beginning.'

Education District No. 2 shall be composed of all that portion of Whitfield County lying within the following described plat:

'Commencing at a point where the City Limits of Dalton and

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JOURNAL OF THE SENATE,

State Route No. 52 intersect, then northwesterly along the City Limits of Dalton to State Route No. 71, thence northerly along State Route No. 71 to the Georgia-Tennessee State Line, thence easterly along the Georgia-Tennessee State Line to the Whitfield-Murray County Line, thence southerly along the Whitfield-Murray County Line to State Route No. 52, thence westerly along State Route No. 52 to the point of beginning.'

Education District No. 3 shall be composed of all that portion of Whitfield County lying within the following described plat:

'Commencing at a point where State Route No. 71 intersects with the Georgia-Tennessee State Line and then southerly along State Route No. 71 to the City Limits of Dalton, thence westerly along the City Limits of Dalton to State Route No. 3, thence north westerly along State Route No. 3 to the intersection of State Route No. 3 and State Route No. 201, thence southwesterly on State Route No. 201 to the Whitfield-Walker County Line, thence along the Whitfield-Walker County Line to the Whitfield-Catoosa County Line, thence along the Whitfield-Catoosa County Line to the GeorgiaTennessee State Line, thence along the Georgia-Tennessee State Line to the point of beginning.'
Education District No. 4 shall be composed of all that portion of Whitfield County lying within the following described plat:
'Commencing where the Louisville and Nashville Railroad and the City Limits of Dalton intersect, thence southerly along the Louis ville and Nashville Railroad to the Whitfield-Gordon County Line, thence westerly along the Whitfield-Gordon County Line to the Whitfield-Walker County Line, thence along the Whitfield-Walker County Line to State Route No. 201, thence northeasterly along State Route No. 201 to the intersection of State Route No. 201 and State Route No. 3, thence southeasterly along State Route No. 3 to the City Limits of Dalton, thence southeasterly along the City Limits of Dalton to the point of beginning.'
Education District No. 5, i.e., Education District at large, shall be composed of the entire County of Whitfield with the exception of that portion of the county embraced by the City Limits of Dalton.

"One member from each of the said four Education Districts and one member from the county at large shall be elected to the Board by the voters of Whitfield County registered and qualified to vote for members of the General Assembly with the exception of those voters residing in the area embraced within the corporate limits of the City of Dalton as the same may now exist or may here inafter exist.
"On or before February 1 of each year the Board shall elect a member who shall serve as Chairman. In the event a person who represents an Education District moves his residence from such Dis trict, a vacancy shall exist from such District. In the event of a

FRIDAY, FEBRUARY 21, 1964

1243

vacancy on the Board for any reason other than the expiration of the term of office, the remaining members of the Board shall elect a person who shall serve for the unexpired term.

"The members from Education Districts No. 1 and No. 3 shall be elected for six year terms at the General Election in 1966. The member to be elected at large shall be elected for a four year term at the General Election in 1966. The members from Education Dis tricts No. 2 and No. 4 shall be elected for six year terms at the General Election in 1968. Thereafter, all successors to the members of the Board of Education of Whitf ield County shall be elected at the General Election immediately preceding the expiration of their term of office and shall take office and shall assume the duties of their office on the first day of January immediately following their elec tion. All successors to the members of the Board of Education of Whitfield County shall serve for a term of six years and until their successors are elected and duly qualified.

"The terms of the members of the Board of Education of Whitfield County in effect at the time of ratification of this amendment, as well as the terms of those subsequently appointed, shall expire when their successors are elected and qualified as herein provided. The Board created as provided for herein shall be subject to all con stitutional provisions and all statutory provisions relative to County Boards of Education unless such provisions are in conflict with the provisions of this amendment."

SECTION 2

That Article VIII, Section VI, Paragraph I of the Constitution of Georgia of 1945 be and the same is hereby amended by adding at the end thereof a new paragraph to read as follows, to wit:

"The County School Superintendent of Whitfield County shall be elected or appointed by the County Board of Education of Whit field County and shall serve at the pleasure of said Board. From and after the ratification of this amendment, the voters of Whitfield County shall no longer elect a County School Superintendent of Whitfield County but the present County School Superintendent shall serve until his successor is chosen as herein provided."

SECTION 3
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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JOURNAL OF THE SENATE,

"For ratification of amendment to the Constitution so as to pro vide for the division of Whitfield County into school districts and for the election of members of the County Board of Education from such districts; to provide for their terms of office and qualifications; to provide for the election of the County School Superintendent of Whitfield County by the County Board of Education.

"Against ratification of amendment to the Constitution so as to provide for the division of Whitfield County into school districts and for the election of members of the County Board of Education from such districts; to provide for their terms of office and qualifications; to provide for the election of the County School Superintendent of Whitfield County by the County Board of Education."

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 Committee on Rules offered the following amendment:
Amend HR 483 by striking in its entirety that paragraph which reads as follows:
"On or before February 1 of each year the Board shall elect a member who shall serve as Chairman. In the event a person who represents an Education District moves his residence from such Dis tract, a vacancy shall exist from such District. In the event of a vacancy on the Board for any reason other than the expiration of the term of office, the remaining members of the Board shall elect a person who shall serve for the unexpired term."
and substituting in lieu thereof a new paragraph to read as follows:
"On or before February 1 of each year the Board shall elect a member who shall serve as Chairman. In the event a person who represents an Education District moves his residence from such Dis trict, a vacancy shall exist from such District. In the event of a vacancy on the Board for any reason other than the expiration of a term of office, the vacancy shall be filled by the appointment of a successor by the grand jury of Whitfield County to serve until the next General Election in which members of the General Assembly are elected, in which election a successor shall be elected to serve out the unexpired term of office in which such vacancy occurs. The suc cessor so elected shall take office on December 1 following his elec-

FRIDAY, FEBRUARY 21, 1964

1245

tion. Provided, however, if a vacancy should occur within two years of the expiration of the term of office, the person appointed by the grand jury shall serve out the remainder of the unexpired term."

On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Byrd Carlton Carter Conway Downing Ellis Fincher Gayner Gordy Harrison Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Knox Lee Loggins Maclntyre Miller Moore McKinnon Oliver Owens Pennington

Phillips Plunkett Rowan Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

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

HR 485. By Messrs. Towson and Knight of Laurens:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that members of the Board of Education of Laurens County shall take office on the first day of January immediately following their election; to pro-

1246

JOURNAL OF THE SENATE,

vide for submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1

Article VII, Section V, Paragraph I, of the Constitution, as amended by an amendment relating to the election of members of the Board of Education of Laurens County ratified at the November 1962 General Election, found in Georgia Laws 1962, p. 1168, is hereby amended by adding at the end of the aforesaid amendment of 1962 a new paragraph to read as follows:

"The members of the Board of Education of Laurens County elected in 1964 shall take office on January 1, 1965. In the event such Board continues to exist, all future members shall take office on the first day of January immediately following their election. The mem bers of the present Board of Education who are serving at the time of the ratification of this amendment shall continue to serve through December 31, 1964. The new Board of Education shall be subject to all constitutional and statutory provisions relating to county boards of education, unless such provisions are in conflict with the provi sions of the 1962 amendment relating to the Board of Education of Laurens County or this amendment thereto."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" takan 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 pro vide that members of the Board of Education of Laurens County shall take office on the first day of January immediately following their election.
"Against ratification of amendment to the Constitution so as to provide that members of the Board of Education of Laurens County shall take office on the first day of January immediately following their election."
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.

FRIDAY, FEBRUARY 21, 1964

1247

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 Broun of 46th Brown of 34th Byrd Carlton Carter Conway Downing Ellis Fincher Gayner Gordy Harrison Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Knox Lee Loggins Maclntyre Miller Moore McKinnon Oliver Owens Pennington

Phillips Plunkett Rowan Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 496. By Messrs. Lowrey and Jordon of Floyd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a method for consolidation or merger of county school districts and inde pendent school systems within Floyd County; to provide for the submis sion of this amendment for ratification or rejection; and for other purposes.

1248

JOURNAL OF THE SENATE,

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1

Article VIII, Section V, Paragraph I of the Constitution of Georgia is hereby amended by adding at the end of Paragraph I the following:

"The General Assembly may, by special or local law, provide for consolidation or merger of any county school district within Floyd County with one or more independent school systems located within such county school districts, in accordance with a plan respecting organization, control and management of the resulting school system or district, either as provided in any such law or as agreed upon by a majority vote of the board of education of the county school system and a majority vote of the board of education of the independent school system being consolidated or merged. Provided, however, that such consolidation or merger pursuant to such plan and law shall not become effective until approved by a majority of the total num ber of voters voting in a referendum held thereon in the county school district, and a majority of the total number of voters voting in a referendum held thereon in each separate independent school system affected. The resulting school system or district shall consti tute a separate political subdivision of this State and shall have title to all school properties and assets theretofore vested in the county school district and independent school systems consolidated or merged into the resulting school system or district. Subsequent to the crea tion of such school system or district the number of members and the manner of election or appointment of members of the board of edu cation of the school system or district and their terms of office, and the manner of election and appointment of the superintendent of schools of the school system or district and his tenure may be changed by local or special law, provided the same is conditioned upon approval by a majority of the voters of the school system or district voting in a referendum thereon. Qualifications, powers, duties and compensation of the members of the board of education and the superintendent of schools of such school system or district shall be as provided by law."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to provide for consolidation and merger of school systems within Floyd

FRIDAY, FEBRUARY 21, 1964

1249

County and for establishment of such new school systems and for organization, management and re-organization of same subject to local referendum.

"Against ratification of amendment to the Constitution so as to provide for consolidation and merger of school systems within Floyd County and for establishment of such new school systems and for organization, management and re-organization of same subject to local referendum."

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:

Those voting in the affirmative were Senators:

Brewer Broun of 46th Brown of 34th Byrd Carlton Carter Conway Downing Ellis Fincher Gayner Gordy Harrison Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Knox Lee Loggins Maclntyre Miller Moore McKinnon Oliver Owens Pennington

Phillips Plunkett Rowan Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

1250

JOURNAL OF THE SENATE,

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 500. By Mr. Dixon of Ware:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Ware County by the people and for the appointment of the County School Superintendent of Ware County by the Board; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP 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 Ware County shall be composed of one member from the county at large and one member from each'of the four Education Districts provided for hereinafter. All members, however, shall be elected by the voters of the entire county with the exception of those voters residing in the corporate limits of the City of Waycross. For the purpose of electing the members of the Board of Education of Ware County. Ware County is hereby divided into four Education Districts. Education District No. 1 shall be composed of all that territory contained in the Wacona Elementary School Dis trict. Education District No. 2 shall be composed of all that territory contained in the Emerson Park and Memorial Drive School District. Education District No. 3 shall be composed of all that territory con tained in the Waresboro and Pinecrest School District. Education District No. 4 shall be composed of all that territory contained in the Millwood and Manor School Districts.
"At the General Election in November of 1966, the five members of the Board shall be elected for terms as hereinafter provided. The members elected from the county at large and from Education Dis tricts Nos. 1 and 2 shall be elected for terms of four years and until their successors are elected and qualified. The members elected from Education Districts Nos. 3 and 4 shall be elected for terms of two years and until their successors are elected and qualified. All such members shall take office January 1, 1967. Thereafter, all members shall be elected for terms of four years and until their successors are elected and qualified, and shall be elected at the General Election in the year of the expiration of their terms of office. All members shall take office on the first day of January immediately following their election."
"In the event a vacancy occurs on the Board for any reason other than expiration of term of office, the remaining members of

FRIDAY, FEBRUARY 21, 1964

1251

the Board shall elect a person from the district in which the vacancy occurs and such person shall serve for the unexpired term. In the event a member moves his residence from the district he represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled. At its first meeting each year, the members of the Board shall elect one of their number to serve as Chairman for that year and until the election of a Chairman in the subsequent year. A member shall be eligible to succeed himself as a member of the Board and also as Chairman of the Board.

"The Board of Education in existence at the time of the ratifl cation of this amendment shall continue in existence through Decem ber 31, 1966, but the terms of all members of such Board shall expire at that time and such Board of Education shall stand abolished. The Board created herein shall be the successor to such abolished Board and shall be subject to all Constitutional and statutory provisions relative to county boards of education unless such provisions are in conflict with the provisions of this amendment.

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Ware County by the people and for the appointment of the County School Superintendent of Ware County by the Board.

"Against ratification of amendment to the Constitution so as to provide for the elections of members of the Board of Education of Ware County by the people and for the appointment of the County School Superintendent of Ware County by the Board."

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.

1252

JOURNAL OF THE SENATE,

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 Broun of 46th Brown of 34th Byrd Carlton Carter Conway Downing Ellis Fincher Gayner Gordy Harrison Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Knox Lee Loggins Maclntyre Miller Moore McKinnon Oliver Owens Pennington

Phillips Plunkett Rowan Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 502. By Messrs. Shea, Funk and Richardson of Chatham:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to provide for the elimination of the duties of Tax Receiver from the duties of the Tax Commissioner of Chatham County and the assump tion of said duties by the Chief Tax Assessor of Chatham County; to provide for the appointment of a joint city-county Board of Tax Asses sors for Chatham County and the City of Savannah; to provide for the powers, duties, terms and compensation of said board and the Chief Tax Assessor; to abolish the present Board of Tax Assessors of the Mayor and Aldermen of the City of Savannah and Chatham County; to provide for the procedure connected with the foregoing; to provide for the sub-

FRIDAY, FEBRUAEY 21, 1964

1253

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 XI, Section I, Paragraph VI of the Constitution of the State of Georgia is hereby amended by adding,at the end,thereof the following:

"A. The duties of a tax receiver shall cease to be a part of the duties of the Tax Commissioner of Chatham County effective Janu ary 1, 1965, and all the duties and powers heretofore granted to Tax Receivers of Chatham County and this state shall be vested in the Chief Tax Assessor of Chatham County who shall be ap pointed for such term as shall be fixed by the governing authority of Chatham County and paid such salary as shall be fixed by the governing authority of Chatham County from the funds of Chatham County. All fees, commissions and other emoluments payable to Tax Receivers in Chatham County or this state or to Tax Com missioners thereof for or in connection with tax receiving duties now or hereafter shall be paid over to Chatham County. Said Chief Tax Assessor shall also be a member of the Chatham County Tax Assessors' Board.

"B. The General Assembly shall have the power to authorize the Mayor and Aldermen of the City of Savannah and Chatham County to contract for the consolidation and combining of the Coun ty and City Board of Tax Assessors and to provide for the granting to said joint board all the governmental functions and powers now exercised by said Boards of Tax Assessors of the Mayor and Alder men of the City of Savannah and Chatham County or which may be hereafter granted municipal or county Tax Assessors' Boards; to provide that such contract may require approval by the Mayor and Aldermen of the City of Savannah of the person appointed Chief Tax Assessor of Chatham County by the governing authority of said county; to provide that the Chief Tax Assessor of Chatham County shall be a member of said joint Tax Assessors' Board and chief thereon; to provide for the joint appointment of the members of said Board by the Mayor and Aldermen of the City of Savannah and Chatham County; to provide the terms thereof and to authorize the Mayor and Aldermen of the City of Savannah and Chatham County to prescribe the salaries therefor and to provide for the employment of assistants thereto; to provide for the abolishment of the present Boards of Tax Assessors of said city and county upon said contract being entered into and said joint Board of Tax Assessors being appointed; to provide and grant to the Mayor and Aldermen of the City of Savannah and Chatham County full au thority and power to consolidate and combine by contractual ar rangement the assessment and returning of all real and personal property in said City and County and further to combine the facilities for collection of all taxes levied therein; to provide for the repeal of all conflicting laws; to provide that the General As-

1254

JOURNAL OP THE SENATE,

sembly in exercising the powers herein conferred may include in the act or law, or any amendment thereto, any one or more of the powers of provisions herein enumerated and may exclude there from any one or more of the powers herein enumerated; and for other purposes."
SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to provide authority for the consolidation of the Boards of Tax As sessors of Chatham County and the Mayor and Aldermen of the City of Savannah; to provide for the appointment of a Chief Tax Assessor who shall perform the duties of tax receiving in Chatham County; to provide authority for the combining and consolidation of the assessing and returning of all real and personal property in said city and county and to provide authority for the combination of tax collecting facilities of said city and county.

"Against ratification of amendment to the Constitution to provide authority for the consolidation of the Boards of Tax As sessors of Chatham County and the Mayor and Aldermen of the City of Savannah; to provide for the appointment of a Chief Tax Assessor who shall perform the duties of tax receiving in Chatham County; to provide authority for the combining and consolidation of the assessing and returning of all real and personal property in said city and county and to provide authority for the combination of tax collecting facilities of said city and county."

All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall -become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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

FRIDAY, FEBRUARY 21, 1964

1255

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 Conway Downing Ellis Fincher Gayner Gordy Harrison Heard Holloway

Hunt
Jackson Johnson of 42nd Johnson of 38th Kendrick Knox Lee Loggins Maclntyre Miller Moore McKinnon Oliver Owens Pennington

Phillips
Plunkett Rowan Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 506. By Messrs. Harris and Mackay of DeKalb:
A RESOLUTION
Proposing an amendment to Article VII, Section IV, Paragraph I, of the Constitution of Georgia of 1945, as amended, prescribing the pur poses for which counties are authorized to levy a tax so as to provide that DeKalb County shall have the authority to levy a tax for the purpose of paying the administrative costs of collecting the actual pro rata costs of the construction of lateral sanitary sewers from owners of abutting undeveloped property when such sewer line has been con structed by DeKalb County or other person, firm or corporation along any public road in DeKalb County and remitting said costs to the person, firm or corporation constructing said lateral sewer line pro vided such undeveloped property is connected to said sewer line within seven (7) years of the date of its completion and the person, firm or corporation has filed with DeKalb County an itemized statement of the actual cost of said lateral sewer, and for other purposes.

1256

JOURNAL OP THE SENATE,

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA, and it is hereby resolved by the authority of same:

SECTION 1

That Article VII, Section IV, Paragraph I, of the Constitution of Georgia of 1945, as amended, prescribing the purposes for which counties are authorized to levy a tax he, and the same is hereby, further amended by adding thereto a new paragraph to be appropriately num bered and to read as follows:

"The provisions of this Article or other provisions of this Constitution and existing Laws to the contrary notwithstanding, the General Assembly may grant to DeKalb County the right to levy a tax for the purpose of paying the administrative costs of collecting the actual pro rata costs of the construction of lateral sanitary sewer lines from the owners of abutting undeveloped pro perty when such sewer line has been constructed by DeKalb County or persons, firms or corporations other than the owner of the abutting undeveloped property along any public road in DeKalb County and may remit same to the person, firm or corporation who constructed or paid the costs of the construction of such sewer line, provided such abutting undeveloped property is connected to the sewer line within seven (7) years of the date of the completion of its construction and the person, firm or corporation has filed with DeKalb County an itemized statement of the actual costs of such sewer, the pro rata costs of such sewer so collected by DeKalb County shall be remitted to the person, firm or corpora tion paying the costs thereof, his heirs, successors, representatives and assigns."

SECTION 2

When this resolution shall have been agreed to by two-thirds (2/3) of the members elected to both houses of the General Assembly of Geor gia, the same shall be entered on their journals with the yeas and nays taken thereon and shall be submitted to the people for ratification or rejection at the next general election for members of the General As sembly as provided by the Constitution of the State of Georgia. At said general election, those desiring to vote in favor of said amendment shall have written or printed on their ballots the words, "For ratification of amendment to Article VII, Section IV, Paragraph I, of the Constitu tion of Georgia of 1945, as amended, prescribing the purposes for which counties are authorized to levy a tax, so as to authorize the General Assembly to delegate to DeKalb County the right to levy a tax for the purpose of paying the costs of collecting the actual pro rata costs of a sanitary sewer from the owners of abutting undeveloped property when said sewer line has been constructed by DeKalb County or a per son, firm or corporation other than the owner of the abutting unde veloped property for the purpose of providing sanitary sewer service to a developed area, and remitting same to the person, firm or corpora tion who constructed said sanitary sewer and paid the costs thereof provided said abutting undeveloped property is actually connected to the sewer line within seven (7) years of the date of its completion and

FRIDAY, FEBRUARY 21, 1964

1257

said person, firm or corporation has filed with the Governing Authority of DeKalb County an itemized statement of the actual cost of the sewer line." Those desiring to vote against ratification of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to Article VII, Section IV, Paragraph I, of the Constitution of Georgia of 1945, as amended, prescribing the pur poses for which counties are authorized to levy a tax so as to authorize the General Assembly to delegate to DeKalb County the right to levy a tax for the purpose of paying the costs of collecting the actual pro rata cost of a sanitary sewer from the owners of abutting undeveloped property when said sewer line has been constructed by DeKalb County or a person, firm or corporation other than the owner of the abutting undeveloped property for the purpose of providing sanitary sewer service to a developed area, and remitting same to the person, firm or corporation who constructed said sanitary sewer and paid the costs thereof provided said abutting undeveloped property is actually con nected to the sewer line within seven (7) years of the date of its com pletion and said person, firm or corporation has filed with the Govern ing Authority of DeKalb County an itemized statement of the actual cost of the sewer line."
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 Constitution of the State of Georgia, as amended, vote in favor of the ratification 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, the Governor shall make proclamation thereof as provided by law.

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 Conway Downing Ellis Fincher

Gayner Gordy Harrison Heard Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick

Knox Lee Loggins Maclntyre Miller Moore McKinnon Oliver Owens Pennington

1258
Phillips Plunkett Rowan Scott Searcey

JOURNAL OP THE SENATE,

Smalley Smith Spinks Thomas 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 45, nays 0.
The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 517. By Mr. Carr of Washington:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Sandersville to levy a tax not to exceed five (5) mills for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Sandersville and Washington County; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of Sandersville is hereby authorized to levy a tax, in addition to any other tax now or hereafter levied, not to exceed five (5) mills, on all the taxable property in the City, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Sandersville and Washington County. Such fund may be used to pay traveling, ad vertising and promotional expenses and any other type expenses necessary for such purpose. The governing authority is hereby specifically authorized to provide for the use, for such purposes, of all or any part of such fund by any public development authority created for Washington County, or any other organization."
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, FEBRUARY 21, 1964

1259

branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to authorize the governing authority of Sandersville to levy a tax not to exceed five (5) mills for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of in dustries in Sandersville and Washington County.

"Against ratification of amendment to the Constitution so as to authorize the governing authority of Sandersville to levy a tax not to exceed five (5) mills for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of in dustries in Sandersville and Washington 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.

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 Conway

Downing Ellis Fincher Gayner Gordy Harrison Heard

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Knox

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Lee Loggins Maclntyre Miller Moore McKinnon Oliver Owens

JOURNAL OF THE SENATE,

Pennington Phillips Plunkett Rowan Scott Searcey Smalley Smith

Spinks Thomas 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 45, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 518. By Mr. Carr of Washington:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Washington County Development Authority; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section VII, Paragraph V of the Constitution is here by amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Washington County to be known as the Washington County De velopment Authority which shall be an instrumentality of Wash ington County and a public corporation and which in this amend ment is hereafter referred to as the 'Authority'.
"B. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible for reappointment. The members shall be elected by a majority of the Board of Commissioners of Roads and Revenues of Washington County. The first members shall be elected for terms of one, two, three, four and five years, and thereafter their successors shall be elected to serve a term of five years. Vacancies shall be filled for the unexpired term by the said Board of County Commissioners. A majority of the members shall constitute a quorum and a

FRIDAY, FEBRUARY 21, 1964

1261

majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No member shall be a member of the Board of County Commissioners of Washington County, but there shall be no other disqualification to hold public office by reason of membership in the Authority.

"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Washington County.

"D. The powers of the Authority shall include but not be limited to, the power:

"(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of Washington County;

"(2) To receive and administer gifts, grants and donations and to administer trusts;

"(3) To grant, loan and lease any of its funds and property to private persons and corporations promising to operate any in dustrial plant or establishment within Washington County which in the judgment of the Authority will be of benefit to the people of said County. The provisions of this clause shall not be construed to limit any other power of the Authority;

"(4) To borrow money and to issue notes, bonds and revenue bonds therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

"(5) To contract with Washington County and other political subdivisions and with private persons and corporations and to sue and be sued in its corporate name;

"(6) To have and exercise usual powers of private corpora tions except such as are inconsistent with this amendment, includ ing 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 regula tions for the conduct and management of the Authority;

"(7) To encourage and promote the expansion of industry, agriculture, trade and commerce in Washington County, and to make long-range plans therefor;

"(8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

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"(9) To designate officers to sign and act for the Authority generally or in any specific matter;

"(10) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated.

"E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Washington County.

"F. The Authority shall have the same immunity and exemp tion from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority.

"G. The members of the Authority shall receive no compensa tion for their services to the Authority.
"H. The Authority, with the consent of the Board of Com missioners of Roads and Revenues of Washington County is hereby authorized to issue Revenue Bonds to carry out the purposes of this amendment. Revenue Bonds, thus issued, shall be paid first from the income of the Authority. In the event such income is not suf ficient to pay the principal and interest on such Revenue Bonds as they mature, then the Commissioners of Roads and Revenues are authorized and required to provide the additional funds neces sary to make such payment, and for this purpose the said Com missioners are authorized to levy an annual tax on all taxable property within the County provided such tax shall not exceed two mills.
"I. The Commissioners of Roads and Revenues are also auth orized, in addition to the tax provided in Paragraph H, to ap propriate to the Authority such amount from its funds each year as it shall see fit, and any funds so appropriated when paid to the Authority shall become a part of its funds and may be used by the Authority in accordance with its powers and purposes as herein stated or as may be hereafter defined by law.
"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or in come may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.
"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Washington

FRIDAY, FEBRUARY 21, 1964

1263

County and its citizens, industry, agriculture and trade within the County of Washington and making long-range plans for such development and expansion and to authorize the use of public funds of Washington County for such purposes, and this amend ment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose.

"L. The first members of the Authority shall be appointed prior to January 1, 1965, and shall assume office on that date. Successors to such members shall be appointed in the month of December of the year in which the members' terms expire, and shall assume office on the first day of January following their ap pointment. All members shall serve until their successors are ap pointed and qualified. Members shall be eligible to succeed them selves.

"M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Washington County, and the scope of its operations shall be limited to the territory em braced within Washington County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Washington County.

"N. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of Washington County."

SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to create the Washington County Development Authority.

"Against ratification of amendment to the Constitution so as to create the Washington County Development Authority."

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.

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If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall 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 Conway Downing Ellis Fincher Gayner Gordy Harrison Heard Holloway

Hunt
Jackson Johnson of 42nd Johnson of 38th Krdidrick Knox Lee Loggins Maclntyre Miller Moore McKinnon Oliver Owens Pennington

Phillips
Plunkett Rowan Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 519. By Mr. Carr of Washington:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize Washington County to levy a tax not to exceed two (2) mills for the

FRIDAY, FEBRUARY 21, 1964

1265

purpose of creating a fund to be used in assisting, promoting and en couraging the location of industries in Washington County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1

Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"The governing authority of Washington County is hereby authorized to levy a tax, in addition to any other tax now or hereafter levied, not to exceed two (2) mills, on all the taxable property in the County, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of in dustries in Washington County. Such fund may be used to pay traveling, advertising and promotional expenses and any other type expenses necessary for such purposes. The governing authority is hereby specifically authorized to provide for the use, for such purposes, of all or any part of such fund by any public develop ment authority created for Washington County, or any other or ganization."
SECTION 2

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot suLmitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to authorize Washington County to levy a tax not to exceed two (2) mills for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Washing ton County.

"Against ratification of amendment to the Constitution so as to authorize Washington County to levy a tax not to execed two (2) mills for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Washing ton County."

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

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desiring to vote against the adoption of the proposed amendment shall vote against ratification.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as 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 Conway Downing Ellis Fincher
Gayner Gordy Harrison Heard Holloway

Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Knox Lee Loggins Maclntyre Miller
Moore McKinnon Oliver Owens Pennington

Phillips Plunkett Rowan Scott Searcey Smalley Smith Spinks Thomas 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 45, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

The following bill of the House was taken up for the purpose of considering the report of a Committee of Conference thereto:

FRIDAY, FEBRUARY 21, 1964

1267

HB 162. By Messrs. Keyton of Thomas and Greene of Bartow:
A bill to comprehensively and exhaustively revise, supersede, consoli date, and codify the laws relating to public health, the Department of Public Health, the State Board of Health, County Boards of Health, saintary districts, and district health commissioners; and for other purposes.

The report of the Committee of Conference was as follows:
Conference Committee Report on HB No. 162.
The Conference Committee on House Bill No. 162 adopts the follow ing report:
1. That the House recede from its position on disagreeing to Senate Amendments Nos. 1, 2 and 3, amending Code Sections 88-103, 88-104 and 88-105 of Section 1, relating to the composition, filling of vacancies, and terms of office of the Board of Health, and agree to Senate Amend ments Nos. 1, 2 and 3.
2. That the House recede from its position on disagreeing to Senate Amendment No. 4, amending Code Section 88-112 of Section 1, relating to the appointment of the Director of the Department of Public Health, and agree to Senate Amendment No. 4.
3. That the House recede from its position on disagreeing to Senate Amendment No. 5, amending Code Section 88-1305 of Section 1, relating to the meetings of the Radiation Control Council, and agree to Senate Amendment No. 5.
4. That the House recede from its position on disagreeing to Senate Amendment No. 6, amending Code Section 88-1005 of Section 1, relating to the Food Service Advisory Council, and agree to Senate Amendment No. 6.
5. That the House recede from its position on disagreeing to Senate Amendment No. 7, amending Code Section 88-2205 of Section 1, relating to the meetings of the Hospital Advisory Council, and agree to Senate Amendment No. 7.
6. That the House recede from its position on disagreeing to Senate Amendment No. 8, amending Code Section 88-202 of Section 1, relating to the composition of county boards of health, and agree to Senate Amendment No. 8.
7. That the House recede from its position on disagreeing to Senate Amendment No. 9, amending Code Section 88-507 of Section 1, relating to the hospitalization of mentally ill persons, and agree to Senate Amendment No. 9.

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8. That the House recede from its position on disagreeing to Senate Amendments Nos. 10 and 11, amending Code Section 88-305 of Section 1, relating to the enforcement and administrative procedure of the Board of Health, and agree to Senate Amendments Nos. 10 and 11.

9. That the Senate recede from its position in amending subsection (d) of Code Section 88-108 of Section 1, and the Committee adopts the following in lieu thereof:

By striking subsection (d) of Code Section 88-108 of Section 1 in its entirety and inserting in lieu thereof the following:
"(d) manufacture drugs and biologicals which are not readily available on the market and not manufactured for commercial pur poses, when expressly authorized and shown on the minutes of the Board of Health; procure and distribute drugs and biologicals and purchase services from clinics, laboratories, hospitals and other health facilities and, when authorized by law, acquire and operate same;".
10. That the House recede from its position on disagreeing to Senate Amendment No. 13, amending Code Section 88-207 of Section 1, relating to minutes of county boards of health, and agree to Senate Amend ment No. 13.
11. That the House recede from its position on disagreeing to Senate Amendment No. 14, amending Code Section 88-1821 of Section 1, relating to audits of hospital authorities, and agree to Senate Amendment No. 14.
12. That the House recede from its position on disagreeing to Senate Amendment No. 15, amending Code Section 88-111 of Section 1, relating to authority of the Board of Health conducting programs relating to chronic illnesses, and agree to Senate Amendment No. 15.
13. That the House recede from its position on disagreeing to Senate Amendment No. 16, amending Code Section 88-1004 of Section 1, relating to food service establishments, and agree to Senate Amendment No. 16.
14. That the House recede from its position on disagreeing to Senate Amendment No. 17, amending Code Section 88-304 of Section 1, relating to enforcement of administrative procedure of the Board of Health, and agree to Senate Amendment No. 17.
15. That the House recede from its position on disagreeing to Senate Amendment No. 18, amending Code Section 88-506 of Section 1, relating to hospitalization of the mentally ill, and agree to Senate Amendment No. 18.
16. That the House recede from its position on disagreeing to Senate Amendment No. 19, amending Code Section 88-404 of Section 1, relating to alcoholic rehabilitation and the Advisory Committee on Alcoholism and agree to Senate Amendment No. 19.

FRIDAY, FEBRUARY 21, 1964

1269

17. That the House recede from its position on disagreeing to Senate Amendment No. 20, amending Code Section 88-306 in Section 1, relating to enforcement and administrative procedure of the Board of Health, and agree to Senate Amendment No. 20.

18. That the Senate recede from its position as set out in Senate Amendment No. 21, amending Code Section 88-112 of Section 1.

19. That the Senate recede from its position as set out in Senate Amendment No. 22, amending Code Section 88-301 of Section 1.

20. That the House recede from its position on disagreeing to Senate Amendment No. 23, amending Code Section 88-1803 of Section 1, relating to the appointment of members of the boards of Hospital Authorities, and agree to Senate Amendment No. 23.

21. That the House recede from its position on disagreeing to Senate Amendments Nos. 24 and 25, amending Code Sections 88-513 and 88-516 in Section 1, relating to hospitalization of the mentally ill, and agree to Senate Amendments Nos. 24 and 25.

22. That the House recede from its position on disagreeing to Senate Amendments Nos. 26 and 27, amending Code Sections 88-704 and 88-708 of Section 1, relating to tuberculosis hospitalization, and agree to Senate Amendments No. 26 and 27.
23. That the House recede from its position on disagreeing to Senate Amendment No. 28, amending Code Section 88-817 in Section 1, relating to articles of bedding sanitation, and agree to Senate Amendment No. 28.
24. That the House recede from its position on disagreeing to Senate Amendment No. 29, amending Code Section 88-901 of Section 1, relating to air quality control, and agree to Senate Amendment No. 29.
25. That the House recede from its position on disagreeing to Senate Amendment No. 30, amending Code Section 88-112 in Section 1, relating to the term of the Director of the Department of Public Health, and agree to Senate Amendment No. 30.
Respectfully submitted,
By: Milton A. Carlton of the 21st Zell Miller of the 50th Jack Fincher of the 51st On behalf of the Senate
By: William B. Greene of Bartow James W. Keyton of Thomas Sidney Lowrey of Floyd On behalf of the House of Representatives.

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Senator Miller of the 50th moved that the Senate adopt the report of the Committee of Conference on HB 162.

On the motion, the ayes were 21, nays 17, and the motion was lost.

Senator Smalley of the 28th moved that the Senate discharge the Committee of Conference and that another Committee of Conference be appointed.

The motion prevailed, and the president appointed as a second Committee of Conference the following:

Senators Smalley of the 28th, Ellis of the 44th and Zorn of the 6th.

The following bill of the Senate was taken up for the purpose of considering a House substitute therefor:

SB 352. By Senator Harrison of the 48th:
A bill incorporating the City of Commerce in the County of Jackson so as to add two new members to the Board of Education of said city for a specified length of time; to provide a "Education Study Commission" for said city; and for other purposes.
The House substitute was as follows:
By the Committee on Local Affairs:
A BILL
To amend an Act incorporating the City of Commerce in the County of Jackson, approved August 17, 1909 (Ga. Laws 1909, p. 655), as amended, so as to provide a "Education Study Commission" for the City of Commerce; to provide its members: to provide for the qualifica tions and appointment of the members of said Commission; to define the powers, authority and duties of said Commission; to provide funds for its operation; to provide for the filling of vacancies on the Com mission; to provide that members of the Commission shall serve as members of the Board of Education for a specified time; to provide for their qualifications and appointment; to provide for the filling of certain vacancies; to provide the procedure connected with the fore going; to repeal conflicting laws; and for other purposes.

FRIDAY, FEBRUARY 21, 1964

1271

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act incorporating the City of Commerce in the County of Jackson, approved August 17, 1909 (Ga. Laws 1909, p. 655), as amenedd, is hereby amended by adding between Sections 40 and 40B a new Section to be known as Section 40A to read as follows:

"Section 40A. Notwithstanding any other provisions of this Charter to the contrary, there is hereby created an 'Education Study Commission' in and for the City of Commerce. The Commis sion shall have the power and authority:

"to study public education for the City of Commerce;

"to study the financial needs and determine future financial requirements for public education in the City of Commerce;

"to study school population trends;

"to study the attendance area as now constituted and as may develop in the future insofar as same pertains to the public school system of the City of Commerce;

"to study school physical facilities including buildings, their adequacy and any future needs;

"to study any contractual agreements now in effect and the possible need for revision of such agreements;

"to study the lack of financial agreements between the City of Commerce and the political subdivisions outside of the City of Commerce from which students attend the public schools in the City of Commerce;

"to study the future status of public education in the City of Commerce as it pertains to consolidation of schools;

"to study factors pertaining to public education for which the need exists;

"to make such other studies as may be necessary to carry out the purposes stated in this Section; and

"to make such recommendations as are found to be in the interest of public education in the City of Commerce.

"The Commission shall be composed of the following:

"The Mayor of the City of Commerce who shall represent the City Council;

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"A member appointed by the Mayor from the City at large who shall represent the citizens of the City of Commerce; and

"A member of the Board of Education of the City of Commerce appointed by the Mayor who shall represent the Board of Educa tion.

"The member appointed from the City at large must be regis tered and qualified to vote in the City of Commerce, must be a free holder and must be over twenty-five (25) years of age. The Mayor and the member at large from such Commission shall be members of the Board of Education of the City of Commerce, shall be en titled to all rights and privileges as other members of the Board of Education for a term beginning July 1, 1964, and expiring on December 31, 1966. Thereafter, no appointments shall be made to fill the vacancies of said two (2) positions. In the event of a vacancy created for any reason in the position held by the Mayor, the Mayor of the City of Commerce at the time of such vacancy is hereby designated to fill said vacancy. In the event of a vacancy in the position held by the member from the City at large, the Mayor of the City of Commerce at the time of such vacancy shall fill the same. In the event of a vacancy on Education Study Com mission held by the member of the Board of Education, the Mayor of the City of Commerce at the time of such vacancy shall fill the same from the members of the Board of Education who are not members of the Commission herein created. In carrying out its powers and duties, the Commission shall be authorized to employ secretarial assistance, legal assistance, professional as sistance and such other assistance as may be necessary; shall be authorized to contract with any person, firm or corporation for the purpose of making professional studies and for the preparation and printing of the report to be made by the Commission. The Commission shall meet within thirty (30) days after July 1, 1964, for the purpose of organizing and promulgating its plans. The Commission shall make its report on or before December 31, 1966, at which time said Commission shall stand abolished. The funds necessary for carrying out the purposes of the Commission as herein stated shall be paid from the funds of the City of Commerce notwithstanding the powers of the Mayor and City Council or the Board of Education of the City of Commerce and notwithstanding the fact that such sum may have not been appropriated in the budget of the City of Commerce."

Section 2. Said Act is further amended by adding a new Section between Section 40A and 41 to be known as Section 40B to read as follows:
"40B. The Mayor of the City of Commerce on July 1, 1964, and the member of the Education Study Commission of the City of Commerce as herein created appointed by the Mayor from the City at large shall be a member of the Board of Education of said City for a term beginning July 1, 1964, and expiring on De cember 31, 1966. Thereafter, no appointments shall be made to such two (2) positions."

FRIDAY, FEBRUARY 21, 1964

1273

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Harrison of the 48th moved that the Senate agree to the House substitute for SB 352.

On the motion, the ayes were 28, nays 0, and the substitute was agreed to.

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 Senate to wit:

SB 178. By Senator Zorn of the 6th:
A bill to amend Code Section 10-301 relating to the time for filing exceptions to reports of auditors and to the content of such exceptions, so as to provide for the manner of having the time for filing such exceptions extended; and for other purposes.

SB 197. By Senator Downing of the 1st:
A bill to amend an act revising, superseding and consolidating the laws relating to the State Game and Fish Commission; and for other pur poses.

SB 210. By Senator Oliver of the 4th:
A bill to provide that the whole costs of the trial involving an inmate of the State Prison System shall be borne by the State Board of Cor rections under certain conditions; and for other purposes.

SB 225. By Senator Phillips of the 27th:
A bill to amend an act entitled the "Georgia Permit Act", so as to provide for the revocation of permits issued by the Board of Pharmacy for certain violations; and for other purposes.

SB 341. By Senator Fuqua of the 22nd: A bill to amend Code Chapter 84-2 so as to change the application fee

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for certification as a certified public accountant; change annual registra tion fee; and for other purposes.

SB 288. By Senators Wesberry of the 37th, and others:
A bill to amend an act to consolidate the offices of Pulton County Tax Receiver and Collector; and for other purposes.

The House has agreed to the Senate amendments to the following bills and resolutions of the House:

HB 732. By Mr. Murphy of Haralson:
A bill to amend an act establishing a program of assistance to the totally and permanently disabled and to define eligibility and terms and to provide for the administration of said program by the State and County departments of public welfare; and for other purposes.

HB 741. 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 Hospital Authority Act"; and for other purposes.

HR 157. By Messrs. Mackay of DeKalb and Roberts of Jones:
A resolution compensating Bonnie J. Cranford and her husband, James U. Cranford; and for other purposes.

HR 349. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb and others:
A resolution relating to the Resources Advisory Board, Southeast River Basin to authorize the appointment of a Representative from Georgia on said Board; and for other purposes.

The House has agreed to the Senate substitute of the following bill of the House:

HB 1196. By Mr. Stuckey of Dodge:
A bill to amend, revise and supersede the Act incorporating the Town of Empire; and for other purposes.

The House has passed as amended by the requisite constitutional majority the following bill of the Senate to wit:

FRIDAY, FEBRUARY 21, 1964

1275

SB 190. By Senators Webb of the llth, Carlton of the 21st and Jackson of the 16th:
A bill to create the Georgia State Scholarship Commission; to authorize and empower the Commission to activate, inaugurate and conduct a program to provide for the granting of scholarships.

The House disagrees to the Senate Substitute to the following bill of the House to wit:

HB 895. By Messrs. Cullens of Bartow, Bagby of Paulding, Odom of Dougherty, Floyd of Chattooga and Shea of Chatham and others:
A bill to amend an act providing the manner in which liability insurers may compromise and settle claims of third persons against their insureds, so as to provide that covenants not to sue shall be excluded from the provisions of said Act; and for other purposes.

The House has passed by the requisite constitutional majority the following bills and resolutions of the Senate to-wit:

SR 163. By Senator Smalley of the 28th:
A resolution proposing an amendment to the Constitution so as to authorize Spalding County, in unincorporated areas, to construct, etc., streets, roads and sidewalks and assess all or a portion of the cost of same against abutting property; and for other purposes.

SB 319. Senator Webb of the llth:
A bill to amend an act providing for the creation of office of Judge of the Superior Courts Emeritus; and for other purposes.

SB 274. By Senator Broun of the 46th, Kendrick of the 32nd and others:
A bill to provide that the State of Ga., shall be a party to "The Vehicle Equipment Safety Compact"; and for other purposes.

SB 320. By Senator Webb of the llth:
A bill to amend Code Chapter 58-2, relating to the manufacture, transportation, and possession of certain intoxicating liquors; and for other purposes.

SB 311. By Senators Coggins of the 35th and Plunkett of the 30th:
A bill to enact a new Code Section 29-401, relating to prescribing the effect of voluntary deeds to land and to provide for the recording of such deeds and prescribe the effect thereof; and for other purposes.

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SB 338. By Senator Webb of the llth:
A bill to amend an act approved, so as to provide that in such cases the Judges shall have discretion in imposing fines; and for other pur poses.

The House has agreed to the Senate substitutes to the following bills and resolution of the House:

HR 505. By Messrs. McClelland, Brooks and Etheridge of Fulton: A resolution to reactivate the Local Education Commission, to make further investigations and submit plans for the improvement of the educational system of Fulton and DeKalb County; and for other pur poses.
HB 1150. By Mr. Houston of Pierce: A bill to amend an act relating to injuring or interfering with property of communication systems; and for other purposes.
HB 928. By Messrs. Ware and Spikes of Troup, Payton of Coweta, and others: A bill to amend an act relating to the procedure for summoning grand jurors may be summoned by certified mail; and for other purposes.
The House has agreed to the Senate amendments to the following bills and resolutions of the House:
HB 1261. By Mr. Smith of Habersham: A bill to amend Code Section 24-1801, so as to authorize the ordinaries in counties having a certain population, to hire a clerk whose salary shall be paid from county funds; and for other purposes.
HB 1076. By Messrs. Mackay of DeKalb, Barber of Jackson, and others: A bill to create the Georgia Art Commission; and for other purposes.
HR 56. By Mr. Smith of Grady: A resolution to compensate Julius W. Johnson; and for other purposes.
HR 370. By Mr. Simmons of Banks: A resolution compensating Mrs. Louise Bruce; and for other purposes.

FRIDAY, FEBRUARY 21, 1964

1277

I HR 351. By Messrs. Stalnaker of Houston and Sinclair of Macon:

v

A resolution compensating Mr. James E. Hattaway; and for other

purposes.

HR 200. By Mr. Rutland of DeKalb: A resolution to compensate Paul T. Kane; and for other purposes.

HR 195. By Mr. Williams of Hall: A resolution to compensate Monte F. Trout; and for other purposes.
HR 321. By Mr. McClelland of Fulton: A resolution to compensate Lawrence Moore; and for other purposes.

HR 493. By Messrs. Hull and Fleming of Richmond; and others:
A resolution recommending the allocation of funds to the Board of Regents to be used for the initial planning, staffing, etc., of a dental college in conjunction with the Medical College at Augusta; and for other purposes.

HB 432. By Messrs. Spikes and Ware of Troup:
A bill to amend an act entitled "An Act making provision for the licensure of applied psychologists through a State Board of Examiners"; and for other purposes.

HR 149. By Messrs. Lane and Nessmith of Bulloch:
A resolution to compensate Mr. and Mrs. James Collins; and for other purposes.

HR 483. Mr. Smith of Whitfield:
A resolution proposing an amendment to the constitution so as to provide for the division of Whitfield County into school districts and for the election of members of the County Board of Education from such districts; and for other purposes.

HB 855. By Mr. Fleming of Richmond:
A bill to amend an Act relating to the punishment of those persons convicted of larceny and theft, so as to increase the punishment for stealing dogs, and for other purposes.

1278

JOURNAL OP THE SENATE,

HB 1227. By Messrs. McClelland and Brooks of Pulton:
A bill to amend an act authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the payments of pensions to County employees; and for other purposes.

HB 1057. By Messrs. McClelland and Brooks and Etheridge of Pulton, Harris and Mackay of DeKalb:
A bill establishing a new charter for the City of Atlanta; and for other purposes.

The House has passed as amended by the requisite constitutional majority the following bill of the Senate to wit:

SB 360. By Senator Knox of the 24th:

,,

A bill to amend an act governing and regulating the use of the public roads and highways of this State, so as to provide for special blanket permits; to allow certain vehicles to exceed the width limitations; and for other purposes.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 360. By Senator Knox of the 24th: A bill to amend an act governing and regulating the use of the public roads and highways of this State, approved March 27, 1941, as amended, so as to provide for special blanket permits; to allow certain vehicles to exceed the width limitations; to repeal conflicting laws; and for other purposes.
The House amendment was as follows:
By Mr. Todd of Glascock:
Amend Senate Bill 360 by adding in the Title before the words "to repeal conflicting laws", the words "to provide for exemptions for farm equipment".
By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. Said Act is further amended by striking the last paragraph of Section 1, which reads as follows:

FRIDAY, FEBRUARY 21, 1964

1279

|<

'It shall be the duty of the Department of Public Safety, and

$

of all other law enforcement officers to enforce this Section. Pro-

'"

vided further, however, that any vehicle on which State and county

ad valorem taxes have been paid, of a contractor who has a con

tract with the State Highway Department for the construction or

maintenance of a road or highway may exceed the weight and length

limits provided in this Section when used in connection with such

contract, without the necessity of obtaining a special permit herein

required.'

and inserting in lieu thereof a new paragraph to read as follows:

'It shall be the duty of the Department of Public Safety, and of all other law enforcement officers to enforce this Section. Pro vided further, however, that any vehicle on which State and county ad valorem taxes have been paid, of a, contractor who has a con tract with the State Highway Department for the construction or manitenance of a road or highway may exceed the weight, width and length limits provided in this Section when used in connection with such contract, without the necessity of obtaining a special permit herein required. Provided further, however, that no special permit shall be required for the vehicle or farm equipment of any farmer or farm equipment dealer, when such vehicle or equipment is being moved and such vehicle or equipment may exceed the weight, width and length limits provided in this Section.

Senator Johnson of the 42nd moved that the Senate disagree to the House amendment, and that a Committee of Conference be appointed.

The motion prevailed, and the president appointed as a Committee of Con ference the following:
Senators Knox of the 24th, Fuqua of the 22nd and McKinnon of the 7th.

The following bill was taken up for the purpose of considering a House substitute therefor:

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 suspending and removing any officer upon conviction of moral turpi tude; and for other purposes.

The House substitute was as follows: By Committee on Judiciary:

1280

JOURNAL OF THE SENATE,

A BILL
To amend Code Chapter 89-5 of the Code of Georgia, relating to vacancies and resignations of public officers, so as to provide a pro cedure for removing any State or county officer from office upon final conviction of a felony; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 89-5 of the Code of Georgia, relating to vacancies and resignations of public officers, is hereby amended by add ing thereto a new section to be known as 89-505 and to read as follows:
"89-505. Upon final conviction of a felony, the office of any State or county officer shall be vacated instanter without further action. Said vacancy shall be filled in the manner provided by law for filling vacancies in such office caused by death or resignation."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Webb of the llth moved that the Senate adopt the House substitute for SB 4.

On the motion, the ayes were 31, nays 0, and the House substitute was adopted.

HB 899. By Messrs. Rowland of Johnson, Carr of Washington, Sinclair of Macon, Russell of Thomas and Smith of Telfair:
A bill to amend an act so as to provide that neither the principal nor the surety on the bond of the head of any State Department shall be liable for the failure of an employee to account for any public money if employee is bonded in an amount deemed adequate by the head of the department and the State Auditor; and for other purposes.

The report 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.

FRIDAY, FEBRUARY 21, 1964

1281

HB 955. By Messrs. Etheridge of Fulton and Overby of Hall:
A bill to amend an act establishing a state employees retirement system, so as to change the provisions relating to former employees; and for other purposes.

The report 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 1180. By Messrs. Mackay and Harris of DeKalb:
A bill to amend an act providing for a system of junior colleges in this state, so as to repeal Section 4 of said act requiring approval by the Board of Regents prior to the establishment of a junior college or col leges; and for other purposes.

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

On the passage of the bill, the ayes were 37, nays 0.

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

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position on the following bill of the Senate and requests that a Committee of Conference be appointed:

SB 360. By Senator Knox of the 24th:
A bill to amend an act governing and regulating the use of the public roads and highways of this State, so as to provide for special blanket permits; and for other purposes.

1282

JOURNAL OF THE SENATE,

The Speaker appointed as a Committee of Conference on the part of the House the following members:

Messrs. Cullens of Bartow, Johnson of Warren and Blair of Sumter:

HR 404. By Messrs. Kirkland of Tattnall, Caldwell of Upson and Fleming of Richmond:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that credit for service at Milledgeville State Hospital, or at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections which is applicable for the repayment of medical loans and scholarships shall be retroactive; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VII, Section I, Paragraph II of the Constitution, as amended by an amendment ratified at the general election in 1952 (Ga. Laws 1951, p. 861), an amendment ratified at the general election in 1960 (Ga. Laws 1960, p. 1300), and an amendment ratified at the general election in 1962 (Ga. Laws 1962, p. 1039), is hereby amended by striking from the eighth paragraph of that portion of Paragraph II added by the 1952 amendment and amended by the 1960 and 1962 amendments the following:
"One-fifth of the loan or scholarship, together with interest thereon, shall be credited to the applicant for each year of prac ticing his profession in a community of 5,000 population, or less, according to 1950 or any future census, or at Milledgeville State Hospital, or at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections, and no annual interest on the scholarship loan shall be paid during such practice or service.",
and inserting in lieu thereof the following:
"One-fifth of the loan or scholarship, together with interest thereon, shall be credited to the applicant for each year of prac ticing his profession in a community of 5,000 population or less, according to the United States Decennial Census of 1960 or any future such decennial census, or at Milledgeville State Hospital, or at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections, and no annual inter est on the scholarship loan shall be paid during such practice or service. Credit for practice at Milledgeville State Hospital or at

FRIDAY, FEBRUARY 21, 1964

1283

any of the above facilities of the State Board of Corrections, shall be retroactive and shall apply to any applicants engaging in such practice at any time. In the event an applicant has repaid any part of such loan or scholarship for which he would otherwise have received credit for service, he shall be repaid whatever sum is necessary to take into consideration the credit he would have re ceived.",

so that when so amended said eighth paragraph of Paragraph II shall read as follows:

"Applicants who are granted loans or scholarships by the board shall receive a loan not to exceed $5,000.00 to any one applicant to be paid in annual installments not exceeding $1,500.00 per an num, with which to defray his or her tuition and other expenses in any reputable, accepted and accredited four-year medical college or school in the United States, or a scholarship in such medical col lege or school for a term not exceeding four years, the cost of such scholarship not to exceed $5,000.00, same to be paid at such time and in such manner as may be determined by the board. The loans and scholarship herein provided shall not exceed the sums herein stated, but they may be prorated in such manner as to pay to the medical school to which any applicant is admitted such funds as are required by that school, and the balance to be paid direct to the applicant; all of which shall be under such terms and conditions as may be provided under rules and regulations of the board. The said loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount thereof shall be re paid to the State of Georgia in cash in full with 4% interest from the date of each payment by the State on such loan or scholarship, same to be payable annually, the first annual payment to be due; on or before one year from the date the applicant completes his in ternship, or same may be repaid to the State of Georgia in services to be rendered by the applicant by practicing his profession at some place within the State of Georgia to be approved by the board. One-fifth of the loan or scholarship, together with interest thereon, shall be credited to the applicant for each year of practicing his profession in a community of 5,000 population or less, according to the United States Decennial Census of 1960 or any future suchdecennial census, or at Milledgeville State Hospital, or at any prison or detention camp or work camp operated under the jurisdiction " of the State Board of Corrections, and no annual interest on the scholarship loan shall be paid during such practice or service. Credit for practice at Milledgeville State Hospital or at any of the above facilities of the State Board of Corrections, shall be retroactive and shall apply to any applicants engaging in such practice at any time. In the event an applicant has repaid any part of such loan or scholarship for which he would otherwise have received credit for service, he shall be repaid whatever sum is necessary to take into consideration the credit he would have received. After the third full year of practice or services within this State as herein pro vided, but not before the said applicant shall be privileged, entirely at the discretion of the board heretofore created to pay off the bal ance of the scholarship loan, together with accrued interest thereon, and upon such payment shall be relieved from further obligations under his contract for loan or scholarship."

1284

JOURNAL OP THE SENATE,

SECTION 2.

When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such pro posed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to the Constitution so as to provide that credit for service at Milledgeville State Hospital, or at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections which is applicable for the repayment of medical loans and scholarships shall be retro active.

"Against ratification of amendment to the Constitution so as to provide that credit for service at Milledgeville State Hopsital, or at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections which is applicable for the repayment of medical loans or scholarship shall be retro active."

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

FRIDAY, FEBRUARY 21, 1964

1285

Coggin Conway Fincher Gayner Gillis Gordy Hall Harrison Heard Holloway Hunt Johnson of 42nd Kendrick

Kidd Knox Lee Loggins Maclntyre Miller Moore McKinnon Oliver Owens Pennington Phillips Plunkett

Rowan Smalley Smith Spinks Thomas 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 43, nays 0.

The resolution, having received the requisite constitutional two-thirds ma jority, was adopted.

HR 501. By Mr. Ballard of Newton:
A resolution authorizing expenditure of incidental and other expenses in connection with Fiftieth National Convention of American Association State Highway Officials; 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 Brown of 34th Byrd Carlton Carter Coggin Conway Fincher Gayner

Gillis Gordy Hall Harrison Heard Holloway Hunt Johnson of 42nd Kendrick Kidd

Knox Lee Loggins Maclntyre Miller Moore McKinnon Oliver Owens Pennington

1286
Phillips Plunkett Rowan Smalley Smith

JOURNAL OF THE SENATE,

Spinks Thomas 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 43, nays 0.

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

Senator Carlton of the 21st moved that the Senate resolve itself into execu tive session for the purpose of receiving a message from His Excellency, the Governor.

The motion prevailed, and the Senate went into executive session.

The following communication was dispatched to His Excellency, the Gov ernor, through George D. Stewart, secretary of the Senate:

February 21, 1964
Honorable Carl E. Sanders, Governor State Capitol Atlanta, Georgia Dear Governor:
Under the rules governing executive sessions of the State Senate, I have the honor to report to you as follows:
Nominations sent to the Senate by you this date, were confirmed as follows:
Honorable Otis B. LeMay, Jr., of Muscogee County as a Member of the State Board of Accountancy for a term beginning July 2, 1963, and ending June 30, 1967. The vote on this confirmation was ayes 46, nays 0.

FRIDAY, FEBRUARY 21, 1964

1287

Honorable W. E. Pafford of Fulton County as a Member of the State Com mission on Aging for a term beginning September 25, 1963, and ending July 1, 1966. The vote on this confirmation was ayes 46, nays 0.

Honorable John A. Lasater of DeKalb County as a Member of the State Com mission on Aging for a term beginning October 7, 1963, and ending July 1, 1964. The vote on this confirmation was ayes 46, nays 0.

Honorable Doyle L. Harvey of Floyd County as a Member of the State Board for Examination, Qualification and Registration of Architects for a term beginning August 8, 1963, and ending March 5, 1968. The vote on this confirma tion was ayes 46, nays 0.

Honorable Carlos Greenway, Jr., of Bacon County as a Member of the Art Commission for the State of Georgia for a term beginning August 8, 1963, and ending March 9, 1967. The vote on this confirmation was ayes 46, nays 0.

Honorable William L. Grayson of Chatham County as an Assistant Attorney General for a term beginning May 1, 1963, and serving at the pleasure of the Governor and the Attorney General. The vote on this confirmation was ayes 46, nays 0.

Honorable Benjamin L. Johnson of Warren County as an Assistant Attorney General for a term beginning May 15, 1963, and serving at the pleasure of the Governor and the Attorney General. The vote of this confirmation was ayes 46, nays 0.
Honorable John A. Blackmon of Fulton County as an Assistant Attorney General for a term beginning May 15, 1963, and serving at the pleasure of the Governor and the Attorney General. The vote of this confirmation was ayes 46, nays 0.
Honorable Wiley Fordham of Bulloch County as a Member of the Georgia State Board of Barbers for a term beginning May 13, 1963, and ending May 13, 1966. The vote on this confirmation was ayes 46, nays 0.

Honorable Charles Wood of Chatham County as a Member of the State Board for Children and Youth for a term beginning July 1, 1963, and ending July 1, 1969. The vote on this confirmation was ayes 46, nays 0.

Honorable Irving K. Kaler of Fulton County as a Member of the State Board for Children and Youth for a term beginning July 1, 1963, and ending July 1, 1969. The vote on this confirmation was ayes 46, nays 0.

Mrs. Lester Harbin of Floyd County as a Member of the State Board for Children and Youth for a term beginning July 1, 1963, and ending July 1, 1969. The vote on this confirmation was ayes 46, nays 0.

1288

JOURNAL OF THE SENATE,

Honorable David Holmes of Washington County as a Member of the State Board for Children and Youth for a term beginning July 1, 1963, and ending July 1, 1969. The vote on this confirmation was ayes 46, nays 0.

Honorable Bert Struby of Bibb County as a Member of the State Board for Children and Youth for a term beginning July 1, 1963, and ending July 1, 1967. The vote on this confirmation was ayes 46, nays 0.

Honorable James F. Coyle of Hall County as a Member of the State Board for Children and Youth for a term beginning July 1, 1963, and ending July 1, 1967. The vote on this confirmation was ayes 46, nays 0.

Mrs. Henry Parsons of Clarke County as a Member of the State Board for Children and Youth for a term beginning July 1, 1963, and ending July 1, 1967. The vote on this confirmation was ayes 46, nays 0.

Mrs. Mamie K. Taylor of Fulton County as a Member of the State Board for Children and Youth for a term beginning July 1, 1963, and ending July 1, 1967. The vote on this confirmation was ayes 46, nays 0.

Honorable Harvey Paschal of Cobb County as a Member of the State Board for Children and Youth for a term beginning July 1, 1963, and ending July 1, 1967. The vote on this confirmation was ayes 46, nays 0.

Dr. W. F. Zimmerman of Tift County as a Member of the State Board for Children and Youth for a term beginning July 1, 1963, and ending July 1, 1965. The vote on this confirmation was ayes 46, nays 0.

Honorable Elden Mathews of Crisp County as a Member of the State Board for Children and Youth for a term beginning July 1, 1963, and ending July 1, 1965. The vote on this confirmation was ayes 46, nays 0.

Mrs. G. Lamar Russell of Henry County as a Member of the State Board for Children and Youth for a term beginning July 1, 1963, and ending July 1, 1965. The vote on this confirmation was ayes 46, nays 0.

Dr. George C. Paulk, Jr., of Fulton County as a Member of the Georgia Board of Chiropractic Examiners for a term beginning August 20, 1963, and ending August 20, 1966. The vote on this confirmation was ayes 46, nays 0.

Mrs. Forrest E. Kibler of Fulton County as a Member of the Civil War Cen tennial Commission for a term beginning November 7, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Mrs. C. Robert Walker of Spalding County as a Member of the Civil War

FRIDAY, FEBRUARY 21, 1964

1289

Centennial Commission for a term beginning November 7, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Mrs. James D. Anthony of Lumpkin County as a Member of the Civil War Centennial Commission for a term beginning November 7, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Mrs. W. F. Bond of Gordon County as a Member of the Civil War Centennial Commission for a term beginning November 7, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Mrs. Lowry W. Hunt of Morgan County as a Member of the Civil War Cen tennial Commission for a term beginning November 7, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Dr. Carol Graham Pryor of Richmond County as a Member of the Civil War Centennial Commission for a term beginning November 7, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable Paul E. Ward of Ben Hill County as a Member of the Civil War Centennial Commission for a term beginning November 7, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.
Honorable Tom Sellers of Muscogee County as a Member of the Civil War Centennial Commission for a term beginning November 7, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.
Honorable Roy L. Simmons, Jr., of Cobb County as a Member of the Civil War Centennial Commission for a term beginning November 7, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.
Honorable Charles Adams of Peach County as a Member of the Civil War Centennial Commission for a term beginning November 7, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.
General L. O. Grice of Fulton County as a Member of the Civil War Centen nial Commission for a term beginning November 7, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.
Honorable Ed Kelly of Thomas County as a Member of the Civil War Cen tennial Commission for a term beginning November 7, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.
Honorable Charles Cowan of Bartow County as a Member of the Civil War Centennial Commission for a term beginning November 7, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

1290

JOURNAL OF THE SENATE,

Honorable H. Hansell Hillyer of Chatham County as a Member of the Civil War Centennial Commission for a term beginning November 7, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable Beverly M. DuBose, Jr., of Fulton County as Chairman of the Civil War Centennial Commission for a term beginning August 2, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable J. Cliff Kennedy, Sr., of Tattnall County as a Member of the State Board of Corrections for a term beginning November 27, 1963, and ending November 27, 1968. The vote on this confirmation was ayes 46, nays 0.

Honorable Paul W. Lee of Ware County as a Member of the Board of Dental Examiners of Georgia for a term beginning August 1, 1963, and ending August 1, 1968. The vote on this confirmation was ayes 46, nays 0.

Honorable William R. Bowdoin of Fulton County as a Member of the Gov ernor's Commission for Efficiency and Improvement in Government for a term beginning April 4, 1963, and ending January 9, 1967. The vote on this confirma tion was ayes 46, nays 0.

Honorable Robert J. Marshburn of Banks County as a Member of the Gov ernor's Commission for Efficiency and Improvement in Government for a term beginning April 4, 1963, and ending January 9, 1967. The vote on this confirma tion was ayes 46, nays 0.

Honorable W. Clair Harris of Barrow County as a Member of the Governor's Commission for Efficiency and Improvement in Government for a term beginning April 4, 1963, and ending January 9, 1967. The vote on this confirmation was ayes 46, nays 0.
Honorable William P. Simmons of Bibb County as a Member of the Governor's Commission for Efficiency and Improvement in Government for a term beginning April 4, 1963, and ending January 9, 1967. The vote on this confirmation was ayes 46, nays 0.
Honorable John B. O'Neal of Elbert County as a Member of the Governor's Commission for Efficiency and Improvement in Government for a term beginning April 4, 1963, and ending January 9, 1967. The vote on this confirmation was ayes 46, nays 0.
Honorable Alfred W. Jones of Glynn County as a Member of the Governor's Commission for Efficiency and Improvement in Government for a term beginning April 4, 1963, and ending January 9, 1967. The vote on this confirmation was ayes 46, nays 0.

FRIDAY, FEBRUARY 21, 1964

1291

|

Honorable Julian T. Hightower of Upson County as a Member of the Gov-

j| ernor's Commission for Efficiency and Improvement in Government for a term

* beginning April 4, 1963, and ending January 9, 1967. The vote on this confirma

tion was ayes 46, nays 0.

Honorable Charles King of Newton County as a Member of the Election Laws Study Committee for a term beginning May 24, 1963, and ending as provided by law. The vote on this confirmation was ayes 46, nays 0.

Honorable Joe T. Lane of Clayton County as a Member of the Election Laws Study Committee for a term beginning May 24, 1963, and ending as provided by law. The vote on this confirmation was ayes 46, nays 0.

Honorable William J. Schloth of Muscogee County as a Member of the Elec tion Laws Study Committee for a term beginning May 24, 1963, and ending as provided by law. The vote on this confirmation was ayes 46, nays 0.

Honorable Upshaw Bentley of Clarke County as a Member of the Election Laws Study Committee for a term beginning May 24, 1963, and ending as pro vided by law. The vote on this confirmation was ayes 46, nays 0.

Honorable P. T. McCutchen, Sr., of Gilmer County as a Member of the Board of Trustees of the Employees Retirement System for a term beginning June 30, 1963, and ending June 30, 1967. The vote on this confirmation was ayes 46, nays 0.

Honorable Mose E. Cox of DeKalb County as a Member of the State Board of Registration for Professional Engineers and Land Surveyors for a term be ginning July 2, 1963, and ending June 1, 1968. The vote on this confirmation was ayes 46, nays 0.

Mrs. Carolyn Gettys of Bulloch County as a Member of the State Board of Family and Children Services for a term beginning May 7, 1963, and ending Jan uary 9, 1967. The vote on this confirmation was ayes 46, nays 0.

Honorable Charles C. Pilcher of Thomas County as a Member of the State Board of Family and Children Services for a term beginning May 7, 1963, and ending January 9, 1967. The vote on this confirmation was ayes 46, nays 0.

Honorable Marion Alien of Peach County as a Member of the State Board of Family and Children Services for a term beginning May 7, 1963, and ending January 9, 1967. The vote on this confirmation was ayes 46, nays 0.

Mrs. Henry Toombs of Fulton County as a Member of the State Board of Family and Children Services for a term beginning May 7, 1963, and ending January 9, 1967. The vote on this confirmation was ayes 46, nays 0.

1292

JOURNAL OF THE SENATE,

Honorable George Scheer of Putnam County as a Member of the State Board of Family and Children Services for a term beginning May 7, 1963, and ending January 9, 1967. The vote on this confirmation was ayes 46, nays 0.

Mrs. Neil Andrews of Walker County as a Member of the State Board of Family and Children Services for a term beginning May 7, 1963, and ending Jan uary 9, 1967. The vote on this confirmation was ayes 46, nays 0.

Honorable C. A. Jones of Berrien County as a Member of the State Board of Family and Children Services for a term beginning May 7, 1963, and ending January 9, 1967. The vote on this confirmation was ayes 46, nays 0.

Mrs. Jones Webb of Gwinnett County as a Member of the State Board of Family and Children Services for a term beginning May 7, 1963, and ending January 9, 1967. The vote on this confirmation was ayes 46, nays 0.

Mrs. Weldon Smith of Greene County as a Member of the State Board of Family and Children Services for a term beginning May 7, 1963, and ending Jan uary 9, 1967. The vote on this confirmation was ayes 46, nays 0.
Honorable Marvin T. Watkins of Bibb County as a Member of the Food Serv ice Establishment Advisory Council for a term beginning August 8, 1963, and ending July 1, 1967. The vote on this confirmation was ayes 46, nays 0.
Honorable Tony Galis of Clarke County as a Member of the Food Service Establishment Advisory Council for a term beginning August 8, 1963, and ending July 1, 1967. The vote on this confirmation was ayes 46, nays 0.
Dr. Aldwin G. Funderburk of Colquitt County as a Member of the State Board of Health for a term beginning September 5, 1963, and ending September 1, 1969. The vote on this confirmation was ayes 46, nays 0.
Dr. Julian K. Quattlebaum of Chatham County as a Member of the State Board of Health for a term beginning September 5, 1963, and ending September 1, 1969. The vote on this confirmation was ayes 46, nays 0.
Dr. P. K. Dixon of Hall County as a Member of the State Board of Health for a term beginning September 5, 1963, and ending September 1, 1969. The vote of this confirmation was ayes 46, nays 0.
Honorable L. C. McClurkin of Chatham County as a member of the State Highway Board for a term beginning April 16, 1963, and ending April 16, 1968. The vote on this confirmation was ayes 46, nays 0.
Honorable Hugh D. Broome of Seminole County as a Member of the State Highway Board for a term beginning April 16, 1963, and ending April 16, 1968. The vote on this confirmation was ayes 46, nays 0.

FRIDAY, FEBRUARY 21, 1964

1293

Honorable Clarke W. Duncan of Marion County as a Member of the State Highway Board for a term beginning April 16, 1963, and ending April 16, 1967. The vote on this confirmation was ayes 46, nays 0.

Honorable John R. Hines of Troup County as a Member of the State Highway Board for a term beginning April 16, 1963, and ending April 16, 1967. The vote on this confirmation was ayes 46, nays 0.

Honorable Robert H. White of Fulton County as a Member of the State High way Board for a term beginning April 16, 1963, and ending April 16, 1966. The vote on this confirmation was ayes 46, nays 0.

Honorable Reginald Trice of Bibb County as a Member of the State Highway Board for a term beginning April 16, 1963, and ending April 16, 1966. The vote on this confirmation was ayes 46, nays 0.

Honorable N. N. Burnes, Jr., of Floyd County as a Member of the State Highway Board for a term beginning April 16, 1963, and ending April 16, 1965. The vote on this confirmation was ayes 46, nays 0.

Honorable E. J. Gayner of Glynn County as a Member of the State Highway Board for a term beginning April 16, 1963, and ending April 16, 1965. The vote on this confirmation was ayes 46, nays 0.

Honorable Willis N. Harden of Jackson County as a Member of the State Highway Board for a term beginning April 16, 1963, and ending April 16, 1964. The vote on this confirmation was ayes 46, nays 0.

Honorable George A. Sancken of Richmond County as a Member of the State Highway Board for a term beginning April 16, 1963, and ending April 16, 1964. The vote on this confirmation was ayes 46, nays 0.

Honorable Martin Bailey of Grady County as a Member of the Hospital Advisory Council for Construction, Licensure and Indigent Care for a term be ginning August 9, 1963, and ending July 1, 1967. The vote on this confirmation was ayes 46, nays 0.

Honorable James Crockett of Toombs 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 46, nays 0.

Honorable John Parkerson of Tift 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 46, nays 0.

1294

JOURNAL OP THE SENATE,

Honorable W. T. Roberts of Macon 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 46, nays 0.

Honorable C. Jay Smith of Coweta 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 46, nays 0.

Honorable Ralph Cleveland of Hall 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 46, nays 0.

Honorable Clark Harrison of DeKalb 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 46, nays 0.

Honorable T. E. Green, Jr., of Bibb 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 46, nays 0.

Honorable James V. Carmichael of Cobb 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 46, nays 0.

Honorable George Bazemore of Ware 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 46, nays 0.

Honorable Julius Bishop of Clarke 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 46, nays 0.
Honorable Allyn J. Morse of Stephens County as a Member of the Board of Commissioners of the Department of Industry and Trade for a term beginning October 15, 1963, and ending April 1, 1969. The vote on this confirmation was ayes 46, nays 0.
Honorable John Spivey of Emanuel County as a Member of the Judicial Council of Georgia for a term beginning May 7, 1963, and ending April 27, 1966. The vote on this confirmation was ayes 46, nays 0.

FRIDAY, FEBRUARY 21, 1964

1295

Honorable Joseph A. Whittle of Glynn County as a Member of the Judicial Selection Commission for a term beginning April 25, 1963, and ending January 10, 1967. The vote on this confirmation was ayes 46, nays 0.

Honorable Robert R. Richardson of Fulton County as a Member of the Judicial Selection Commission for a term beginning April 25, 1963, and ending January 10, 1967. The vote on this confirmation was ayes 46, nays 0.

Honorable Frank Cheatham of Chatham County as a Member of the Judicial Selection Commission for a term beginning April 25, 1963, and ending January 10, 1967. The vote on this confirmation was ayes 46, nays 0.

Honorable Sam Gardner, Jr., of Colquitt County as a Member of the Judicial Selection Commission for a term beginning April 25, 1963, and ending January 10, 1967. The vote on this confirmation was ayes 46, nays 0.

Honorable Kenneth Henson of Muscogee County as a Member of the Judicial Selection Commission for a term beginning April 25, 1963, and ending January 10, 1967. The vote on this confirmation was ayes 46, nays 0.

Honorable Sam Hewlett, Jr., of Fulton County as a Member of the Judicial Selection Commission for a term beginning April 25, 1963, and ending January 10, 1967. The vote on this confirmation was ayes 46, nays 0.

Honorable William M. Towson of Laurens County as a Member of the Judicial Selection Commission for a term beginning April 25, 1963, and ending January 10, 1967. The vote on this confirmation was ayes 46, nays 0.

Honorable Oscar M. Smith of Floyd County as a Member of the Judicial Selection Commission for a term beginning April 25, 1963, and ending January 10, 1967. The vote on this confirmation was ayes 46, nays 0.

Honorable Omer Franklin of Lowndes County as a Member of the Judicial Selection Commission for a term beginning April 25, 1963, and ending January 10, 1967. The vote on this confirmation was ayes 46, nays 0.
Honorable William B. Gunter of Hall County as a Member of the Judicial Selection Commission for a term beginning April 25, 1963, and ending January 10, 1967. The vote on this confirmation was ayes 46, nays 0.

Honorable John W. Williford of Elbert County as a Member of the Judicial Selection Commission for a term beginning April 25, 1963, and ending January 10, 1967. The vote on this confirmation was ayes 46, nays 0.

Honorable Sylvan Meyer of Hall County as a Member of the Lake Lanier

1296

JOURNAL OF THE SENATE,

Islands Development Authority for a term beginning September 17, 1963, and ending September 17, 1966. The vote on this confirmation was ayes 46, nays 0.

Dr. Albert M. Deal of Bulloch County as a Member of the State Board of Medical Examiners for a term beginning September 11, 1963, and ending Septem ber 1, 1967. The vote on this confirmation was ayes 46, nays 0.

Dr. W. H. Nichols of Cherokee County as a Member of the State Board of Medical Examiners for a term beginning October 15, 1963, and ending September 1, 1967. The vote on this confirmation was ayes 46, nays 0.

Honorable J. A. Stewart of Thomas County as a Member of the Georgia Milk Commission for a term beginning May 15, 1963, and ending December 31, 1966. The vote on this confirmation was ayes 46, nays 0.

Honorable Lew R. Cooper of White County as a Member of the North Georgia Mountains Commission for a term beginning May 6, 1963, and ending May 7, 1965. The vote on this confirmation was ayes 46, nays 0.
Honorable John Bankson of Chattooga County as a Member of the North Georgia Mountains Commission for a term beginning May 6, 1963, and ending May 7, 1966. The vote on this confirmation was ayes 46, nays 0.
Honorable R. E. Cannon of Rabun County as a Member of the North Georgia Mountains Commission for a term beginning May 6, 1963, and ending May 7, 1967. The vote on this confirmation was ayes 46, nays 0.
Honorable Gene Addy of Stephens County as a Member of the North Georgia Mountains Commission for a term beginning May 6, 1963, and ending May 7, 1969. The vote on this confirmation was ayes 46, nays 0.
Honorable John D. M. Polger of DeKalb County as State Librarian for a term beginning November 20, 1963, and ending October 1, 1967. The vote on this confirmation was ayes 46, nays 0.
Honorable Frank H. Neely of Fulton County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.
Honorable James A. Dunlap of Hall County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.
Honorable John J. McDonough of Fulton County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and

FRIDAY, FEBRUARY 21, 1964

1297

serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable James V. Carmichael of Cobb County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes
46, nays 0.

Honorable Thomas R. May of Fulton County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.
Honorable Ben S. Gilmer of Fulton County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.
Honorable H. McKinley Conway, Jr., of DeKalb County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.
Dr. John T. Godwin of DeKalb County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Dr. Harris B. O'Rear of Richmond County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.
Dr. Walter L. Bloom of Cobb County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.
Dr. John H. Venable of Fulton County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.
Dr. W. Bruce Schaefer of Stephens County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.
Dr. A. H. Letton of Fulton County as a Member of the Georgia Nuclear

1298

JOURNAL OF THE SENATE,

Advisory Commission for a term beginning September 30, 1963, and serving al the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable Harllee Branch, Jr., of Fulton County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable Chappelle Matthews of Clarke County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable Milton Carlton of Emanuel County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Dr. John Letson of Fulton County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Dr. Claude Purcell of Habersham County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable A. L. Feldman of Fulton County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable Quimby Melton, Jr., of Spalding County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable E. D. Harrison of Fulton County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.
Dr. O. C. Aderhold of Clarke County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.
Dr. Harmon W. Caldwell of Meriwether County as a Member of the Georgia

FRIDAY, FEBRUARY 21, 1964

1299

Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Dr. William M. Suttles of Fulton County as a Member of the Georgia NuAdvisory Commission for a term beginning September 30, 1983, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Dr. W. B. Harrison of Fulton County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote of this confirmation was ayes 46, nays 0.

Dr. James E. Boyd of Carroll County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable Ottley McCarty of Fulton County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Dr. Frank Sutton of Cobb County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Dr. Charles Lester of DeKalb County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable Robert E. Stiemke of Fulton County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serv ing at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Dr. Robert A. McRorie of Clarke County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Dr. C. C. Murray of Clarke County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Dr. George King of Clarke County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

1300

JOURNAL OF THE SENATE,

Honorable Phil Campbell Of Oconee County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable W. A. Sutton of Clayton County as a Member of the Georgia Nuclear Advisory Commission for a term beginning September 30, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable Samuel T. Crane of Hall County as a Member of the State Board of Dispensing Opticians for a term beginning August 8, 1963, and ending March 16, 1967. The vote on this confirmation was ayes 46, nays 0.

Honorable Edward H. Shannon of Hall County as a Member of the Georgia State Board of Examiners in Optometry for a term beginning September 6, 1963, and ending September 6, 1966. The vote on this confirmation was ayes 46, nays 0.

Dr. Evan P. Davis of Columbia County as a Member of the State Board of Osteopathic Examiners of Georgia for a term beginning August 12, 1963, and ending September 10, 1964. The vote on this confirmation was ayes 46, nays 0.

Dr. Hoyt B. Trimble of Fulton County as a Member of the State Board of Osteopathic Examiners of Georgia for a term beginning August 12, J.963, and ending September 10, 1966. The vote on this confirmation was ayes 46, .nays 0.

Dr. Henry D. Webb of Muscogee County as a Member of the State Board" of Osteopathic Examiners of Georgia for a term beginning September 10, 1963, and ending September 10, 1966. The vote on this confirmation was ayes 46, nays 0.

Dr. Hubert D. Moseley of Terrell County as a Member of the Georgia State Board of Pharmacy for a term beginning November 18, 1963, and ending 1 Novem ber 1, 1968. The vote on this confirmation was ayes 46, nays 0.
Honorable Garland F. Pinholster of Fulton County as a Member of the Gov ernor's Council on Physical Fitness for a term beginning September 17, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable Ohlen R. Wilson of Bacon County as a Member of the Governor's Council on Physical Fitness for a term beginning September 17, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.
Honorable H. C. Pearson of Clarke County as a Member of the Governor's Council on Physical Fitness for a term beginning September 17, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

FRIDAY, FEBRUARY 21, 1964

1301

Honorable Tom Thrailkill of Dougherty County as a Member of the Gov ernor's Council on Physical Fitness for a term beginning September 17, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable Billy Henderson of Bibb County as a Member of the Governor's Council on Physical Fitness for a term beginning September 17, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable Zeb Vance of Bibb County as a Member of the Governor's Council on Physical Fitness for a term beginning September 17, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable A. L. Williams of Richmond County as a Member of the Governor's Council on Physical Fitness for a term beginning September 17, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable Richard G. Lane of Fulton County as a Member of the Governor's Council on Physical Fitness for a term beginning September 17, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable Elmer Morrow of DeKalb County as a Member of the Governor's Council on Physical Fitness for a term beginning September 17, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable French Johnson of Cobb County as a Member of the Governor's Council on Physical Fitness for a term beginning September 17, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable Oliver Hunnicutt of Troup County as a Member of the Gov ernor's Council on Physical Fitness for a term beginning September 17, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable Jim Goff of Colquitt County as a Member of the Governor's Council on Physical Fitness for a term beginning September 17, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable Stephen Schmidt of Fulton County as a Member of the Governor's Council on Physical Fitness for a term beginning September 17, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

1302

JOURNAL OF THE SENATE,

Honorable Freddy Lanoue of Fulton County as a Member of the Governor's Council on Physical Fitness for a term beginning September 17, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable Dwight Keith, Sr., of Fulton County as a Member of the Gov ernor's Council on Physical Fitness for a term beginning September 17, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable Elmer George of Fulton County as a Member of the Governor's Council on Physical Fitness for a term beginning September 17, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Mrs. Cicero Johnston of Fulton County as a Member of the Governor's Coun cil on Physical Fitness for a term beginning September 17, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable Garland Dickey of Floyd County as a Member of the Governor's Council on Physical Fitness for a term beginning September 17, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Mrs. James Belger of Coffee County as a Member of the Governor's Council on Physical Fitness for a term beginning September 17, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable Wright Bazemore of Lowndes County as a Member of the Gov ernor's Council on Physical Fitness for a term beginning September 17, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable Dan Magill of Clarke County as a member of the Governor's Council on Physical Fitness for a term beginning September 17, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Miss Viva Erickson of Meriwether County as a Member of the Board of Phy sical Therapy for a term beginning October 3, 1963, and ending August 30, 1966. The vote on this confirmation was ayes 46, nays 0.

Honorable Morton Wittenberg of Richmond County as a Member of the State Board of Podiatry Examiners for a term beginning July 2, 1963, and ending May 5, 1966. The vote on this confirmation was ayes 46, nays 0.

Honorable Howell Hollis of Muscogee County as a Member of the Georgia

FRIDAY, FEBRUARY 21, 1964

1303

Ports Authority for a terra beginning July 2, 1963, and ending June 30, 1967. The vote on this confirmation was ayes 46, nays 0.

Honorable Herbert K. Stone of Fulton County as a Member of the State Board of Examiners of Psychologists for a term beginning October 8, 1963, and ending March 27, 1966. The vote on this confirmation was ayes 46, nays 0.

Honorable Lawton Brannen of Candler County as a Member of the Georgia Real Estate Investment Board for a term beginning April 4, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable Rountree Youmans of Fulton County as a Member of the Georgia Real Estate Investment Board for a term beginning April 4, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable Cleon Moore of Cobb County as a Member of the Georgia Real Estate Investment Board for a term beginning April 4, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable W. C. Clary of Stephens County as a Member of the Georgia Real Estate Investment Board for a term beginning April 4, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable J. C. Palmer, Jr., of Burke County as a Member of the Georgia Real Estate Investment Board for a term beginning April 4, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Mrs. W. A. Bowen of Bulloch County as a Member of the Georgia Recreation Commission for a term beginning June 29, 1963, and ending June 29, 1967. The vote on this confirmation was ayes 46, nays 0.

Honorable Charles C. Perry of Tift County as a Member of the Georgia Recreation Commission for a term beginning June 29, 1963, and ending June 29, 1964. The vote on this confirmation was ayes 46, nays 0.

Honorable J. W. Stone of Crisp County as a Member of the Georgia Recre ation Commission for a term beginning June 29, 1963, and ending June 29, 1964. The vote on this confirmation was ayes 46, nays 0.

Honorable D. Thomas Shirley of DeKalb County as a Member of the Georgia Recreation Commission for a term beginning June 29, 1963, and ending June 29, 1965. The vote on this confirmation was ayes 46, nays 0.

Reverend Robert Baggott of Coweta County as a Member of the Georgia

1304

JOURNAL OF THE SENATE,

Recreation Commission for a term beginning June 29, 1963, and ending June 29, 1965. The vote on this confirmation was ayes 46, nays 0.

Honorable James C. Abbott of Jefferson County as a Member of the Georgia Recreation Commission for a term beginning June 29, 1963, and ending June 29, 1966. The vote on this confirmation was ayes 46, nays 0.

Honorable Frank Hobgood of Gordon County as a Member of the Georgia Recreation Commission for a term beginning June 29, 1963, and ending June 29, 1967. The vote on this confirmation was ayes 46, nays 0.

Honorable Verne Pickren of Charlton County as a Member of the Georgia Recreation Commission for a term beginning June 29, 1963, and ending June 29, 1966. The vote on this confirmation was ayes 46, nays 0.

Honorable Luke L. Rushton, Sr., of Towns County as a Member of the Geor gia Recreation Commission for a term beginning June 29, 1963, and ending June 29, 1968. The vote on this confirmation was ayes 46, nays 0.

Honorable William R. Tiller of Lincoln County as a Member of the Georgia Recreation Commission for a term beginning June 29, 1963, and ending June 29, 1968. The vote on this confirmation was ayes 46, nays 0.

Dr. Frederick Bellinger of DeKalb County as a Member of the Governor's Commission for Scientific Research and Development for a term beginning June 19, 1963, and ending January 11, 1965. The vote on this confirmation was ayes 46, nays 0.

Dr. William H. Waggoner of Clarke County as a Member of the Governor's Commission for Scientific Research and Development for a term beginning June 19, 1963, and ending January 11, 1965. The vote on this confirmation was ayes 46, nays 0.
Dr. W. B. Jones, Jr., of Fulton County as a Member of the Governor's Com mission for Scientific Research and Development for a term beginning June 19, 1963, and ending January 11, 1965. The vote on this confirmation was ayes 46, nays 0.
Honorable Glen P. Robinson, Jr., of Fulton County as a Member of the Governor's Commission for Scientific Research and Development for a term be ginning June 19, 1963, and ending January 11, 1965. The vote on this confirmation was ayes 46, nays 0.
Dr. J. Frank Sutton of Cobb County as a Member of the Governor's Com mission for Scientific Research and Development for a term beginning June 19, 1963, and ending January 11, 1965. The vote on this confirmation was ayes 46, nays 0.

FRIDAY, FEBRUARY 21, 1964

1305

Dr. James E. Boyd of Carroll County as a Member of the Governor's Commission for Scientific Research and Development for a term beginning June 19, 1963, and ending January 11, 1965. The vote on this confirmation was ayes 46, nays 0.

Honorable Preston S. Craig of Glynn County as a Member of the Governor's Commission for Scientific Research and Development for a term beginning June 19, 1963, and ending January 11, 1965. The vote on this confirmation was ayes 46, nays 0.

Honorable J. W. Fanning of Clarke County as a Member of the Governor's Commission for Scientific Research and Development for a term beginning June 19, 1963, and ending January 11, 1965. The vote on this confirmation was ayes 46, nays 0.

Honorable Harry Jackson of Muscogee County as a Member of the Gov ernor's Commission for Scientific Research and Development for a term beginning June 19, 1963, and ending January 11, 1965. The vote on this confirmation was ayes 46, nays 0.

Honorable Richard Pulver of Cobb County as a Member of the Governor's Commission for Scientific Research and Development for a term beginning June 19, 1963, and ending January 11, 1965. The vote on this confirmation was ayes 46, nays 0.

Honorable H. McKinley Conway, Jr., of DeKalb County as a Member of the Governor's Commission for Scientific Research and Development for a term be ginning June 19, 1963, and ending January 11, 1965. The vote on this confirmation was ayes 46, nays 0.

Honorable Ben S. Gilmer of Fulton County as a Member of the Governor's Commission for Scientific Research and Development for a term beginning June 19, 1963, and ending January 11, 1965. The vote on this confirmation was ayes 46, nays 0.
Dr. James A. Bain of DeKalb County as a Member of the Governor's Com mission for Scientific Research and Development for a term beginning June 19, 1963, and ending January 11, 1965. The vote on this confirmation was ayes 46, nays 0.
Dr. William G. Trawick of Fulton County as a Member of the Governor's Commission for Scientific Research and Development for a term beginning June 19, 1963, and ending January 11, 1965. The vote on this confirmation was ayes 46, nays 0.
Dr. 0. C. Aderhold of Clarke County as a Member of the Board of Control for Southern Regional Education for a term beginning August 8, 1963, and ending June 30, 1967. The vote on this confirmation was ayes 46, nays 0.

1306

JOURNAL OF THE SENATE,

Honorable Mills B. Lane, Jr., of Fulton County as a Member of the Stone Mountain Memorial Association for a term beginning July 2, 1963, and ending February 24, 1964. The vote on this confirmation was ayes 46, nays 0.

Honorable Julius A. McCurdy of DeKalb County as a Member of the Stone Mountain Memorial Association for a term beginning December 23, 1963, and ending February 24, 1966. The vote on this confirmation was ayes 46, nays 0.

Honorable Ferrell Samples of Fulton County as a Member of the State Board of Registration of Used Car Dealers for a term beginning July 16, 1963, and ending April 8, 1968. The vote on this confirmation was ayes 46, nays 0.

Honorable Paul E. Bunch of Chatham County as a Member of the State Board of Registration of Used Car Dealers for a term beginning July 16, 1963, and ending April 8, 1966. The vote on this confirmation was ayes 46, nays 0.

Dr. John T. Riddle of Cobb County as a Member of the Georgia State Board of Veterinary Examiners for a term beginning August 8, 1963, and ending Sep tember 16, 1967. The vote on this confirmation was ayes 46, nays 0.

Dr. M. E. Nunnery of Richmond County as a Member of the Georgia State Board of Veterinary Examiners for a term beginning September 16, 1963, and ending September 16, 1968. The vote on this confirmation was ayes 46, nays 0.

Honorable H. C. Edenfield of Emanuel County as a Member of the Water Quality Council for a term beginning July 19, 1963, and ending July 2, 1967. The vote on this confirmation was ayes 46, nays 0.

Dr. Duncan Shepard of Fulton County as a Member of the Workmen's Com pensation Medical Board for a term beginning December 23, 1963, and ending March 30, 1965. The vote on this confirmation was ayes 46, nays 0.

Dr. T. S. Boehm of Richmond County as a Member of the Advisory Commit tee on Alcoholism for a term beginning December 23, 1963, and ending March 16, 1970. The vote on this confirmation was ayes 46, nays 0.

Honorable James Horace Wood of Jackson County as an Assistant Attorney General for a term beginning December 18, 1963, and serving at the pleasure of the Governor and Attorney General. The vote on this confirmation was ayes 46, nays 0.

Honorable George Wesley Channell of Fulton County as Assistant Attorney General for a term beginning December 18, 1963, and serving at the pleasure of the Governor and Attorney General. The vote on this confirmation was ayes 46, nays 0.

FRIDAY, FEBRUARY 21, 1964

1307

Honorable Allan T. Hodges of Fulton County as an Assistant Attorney Gen ii eral for a term beginning December 18, 1963, and serving at the pleasure of the * Governor and Attorney General. The vote on this confirmation was ayes 46,
nays 0.

Honorable Albert Sidney Johnson of Fulton County as Assistant Attorney General for a term beginning December 18, 1963, and serving at the pleasure of the Governor and Attorney General. The vote on this confirmation was ayes 46, nays 0.

Honorable Coy R. Johnson of DeKalb County as an Assistant Attorney Gen eral for a term beginning December 18, 1963, and serving at the pleasure of the Governor and Attorney General. The vote on this confirmation was ayes 46, nays 0.

Honorable Charles William Alien of Troup County as an Assistant Attorney General for a term beginning December 18, 1963, and serving at the pleasure of the Governor and Attorney General. The vote on this confirmation was ayes 46, nays 0.
Honorable Alfred Evans, Jr., of Fulton County as an Assistant Attorney General for a term beginning December 18, 1963, and serving at the pleasure of the Governor and Attorney General. The vote on this confirmation was ayes 46, nays 0.
Honorable Olin 0. Rambo of DeKalb County as an Assistant Attorney Gen eral for a term beginning December 18, 1963, and serving at the pleasure of the Governor and Attorney General. The vote on this confirmation was ayes 46, nays 0.
Honorable George J. Hearn, III, of Walton County as an Assistant Attorney General for a term beginning December 18, 1963, and serving at the pleasure of the Governor and Attorney General. The vote on this confirmation was ayes 46, nays 0.

Honorable Alvan Siemens Arnall of Coweta County as an Assistant Attorney General for a term beginning December 18, 1963, and serving at the pleasure of the Governor and Attorney General. The vote on this confirmation was ayes 46, nays 0.

Honorable F. B. Rainwater of Fulton County as a Member of the Georgia State Board of Barbers for a term beginning December 23, 1963, and ending May 13, 1966. The vote on this confirmation was ayes 46, nays 0.

Honorable Reeder Tucker of Franklin County as a Member of the Georgia Development Authority for a term beginning December 23, 1963, and ending July 1, 1971. The vote on this confirmation was ayes 46, nays 0.

1308

JOURNAL OF THE SENATE,

Dr. Harmon Caldwell of Fulton County as a Member of the Higher Education Facilities Commission for a term beginning December 19, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable James A. Dunlap of Hall County as a Member of the Higher Education Facilities Commission for a term beginning December 19, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable Waights G. Henry, Jr., of Troup County as a Member of the Higher Education Facilities Commission for a term beginning December 19, 1963, and
serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable Rufus C. Harris of Bibb County as a Member of the Higher Educa tion Facilities Commission for a term beginning December 19, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable John A. Sibley of Fulton County as a Member of the Higher Edu cation Facilities Commission for a term beginning December 19, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Dr. Benjamin Mays of Fulton County as a Member of the Higher Education Facilities Commission for a term beginning December 19, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Mrs. Charles Treado of Screven County as a Member of the Food Service Establishment Advisory Council for a term beginning December 23, 1963, and ending July 1, 1966. The vote on this confirmation was ayes 46, nays 0.

Sister Mary Bonaventure of Chatham County as a Member of the Board of Examiners of Nurses for Georgia for a term beginning December 24, 1963, and ending September 23, 1966. The vote on this confirmation was ayes 46, nays 0.

Mrs. Margaret Ford of DeKalb County as a Member of the Board of Exam iners of Nurses for Georgia for a term beginning December 24, 1963, and ending September 23, 1966. The vote on this confirmation was ayes 46, nays 0.

Miss Lois Statham of Dougherty County as a Member of the Board of Physi cal Therapy for a term beginning December 23, 1963, and ending August 30, 1966. The vote on this confirmation was ayes 46, nays 0.

Honorable J. W. Woodruff, Jr., of Muscogee County as a Member of the Georgia Waterways Commission for a term beginning December 31, 1963, and ending April 24, 1965. The vote on this confirmation was ayes 46, nays 0.

FRIDAY, FEBRUARY 21, 1964

1309

Honorable Ernest B. Davis of DeKalb County as a Member of the Board of Directors of the State Employees Assurance Department for a term beginning August 2, 1963, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 46, nays 0.

Honorable P. T. McCutchen of Gilrner County as a Member of the Board of Directors of the State Employees Assurance Department for a term beginning August 2, 1963, and serving at the pleasure of the Governor. The vote on this con firmation was ayes 46, nays 0.

Honorable Carlton Mobley of Fulton County as a Member of the Constitution Revision Commission for a term beginning April 23, 1963, and ending as provided by law. The vote on this confirmation was ayes 46, nays 0.

Honorable Harold Ward of Laurens County as a Member of the Constitution Revision Commission for a term beginning April 23, 1963, and ending as provided by law. The vote on this confirmation was ayes 46, nays 0.

Honorable Dan P. Winn of Polk County as a Member of the Constitution Revision Commission for a term beginning April 23, 1963, and ending as provided by law. The vote on this confirmation was ayes 46, nays 0.

Honorable G. L. Dickens, Jr., of Baldwin County as a Member of the Constitu tion Revision Commission for a term beginning April 23, 1963, and ending as pro vided by law. The vote on this confirmation was ayes 46, nays 0.

Honorable Jarvin S. Levison of Fulton County as a Member of the Constitu tion Revision Commission for a term beginning April 23, 1963, and ending as pro vided by law. The vote on this confirmation was ayes 46, nays 0.

Honorable E. Earl Edwards of Troup County as a Member of the Constitution Revision Commission for a term beginning April 23, 1963, and ending as provided by law. The vote on this confirmation was ayes 46, nays 0.

Honorable P. T. McCutchen, Sr., of Gilmer County as a Member of the Consti tution Revision Commission for a term beginning April 23, 1963, and ending as provided by law. The vote on this confirmation was ayes 46, nays 0.

Honorable Carl E. Pruitt of Spalding County as a Member of the Constitution Revision Commission for a term beginning April 23, 1963, and ending as provided by law. The vote on this confirmation was ayes 46, nays 0.

Honorable David K. Hollis, Jr., of Lowndes County as a Member of the Con stitution Revision Commission for a term beginning April 23, 1963, and ending as provided by law. The vote on this confirmation was ayes 46, nays 0.

1310

JOURNAL OF THE SENATE,

Judge Iree Pope of Richmond County as a Member of the Constitution Revi sion Commission for a term beginning April 23, 1963, and ending as provided by law. The vote on this confirmation was ayes 46, nays 0.

Honorable Ben F. Johnson of DeKalb County as a Member of the Constitution Revision Commission for a term beginning April 23, 1963, and ending as provided by law. The vote on this confirmation was ayes 46, nays 0.

Honorable William A. Sutton of Clarke County as a Member of the Constitu tion Revision Commission for a term beginning April 23, 1963, and ending as pro vided by law. The vote on this confirmation was ayes 46, nays 0.

Honorable Arnold McDonald of DeKalb County as a Member of the Constitu tion Revision Commission for a term beginning April 23, 1963, and ending as pro vided by law. The vote on this confirmation was ayes 46, nays 0.

Honorable Harold M. Walker of Walton County as a Member of the Constitu tion Revision Commission for a term beginning April 23, 1963, and ending as pro vided by law. The vote on this confirmation was ayes 46, nays 0.

Honorable Foy Evans of Houston County as a Member of the Constitution Revision Commission for a term beginning April 23, 1963, and ending as provided by law. The vote on this confirmation was ayes 46, nays 0.

Honorable Pope B. Mclntire of Fulton County as a Member of the Constitution Revision Commission for a term beginning April 23, 1963, and ending as provided by law. The vote on this confirmation was ayes 46, nays 0.

Honorable George A. Gingell of Muscogee County as a Member of the Consti tution Revision Commission for a term beginning April 23, 1963, and ending as provided by law. The vote on this confirmation was ayes 46, nays 0.

Honorable Cliff Kimsey, Jr., of Habersham County as a Member of the State Board of Education for a term beginning January 14, 1964, and ending January 1, 1971. The vote on this confirmation was ayes 46, nays 0.

Honorable John Langdale of Lowndes County as a Member of the Board of Regents of the University System of Georgia for a term beginning January 13, 1964, and ending January 1, 1971. The vote on this confirmation was ayes 46, nays 0.

Honorable Hiram Stanley of Muscogee County as a Member of the Board of Regents of the University System of Georgia for a term beginning January 13, 1964, and ending January 1, 1971. The vote on this confirmation was ayes 46, nays 0.

FRIDAY, FEBRUARY 21, 1964

1311

Honorable Kenneth Kilpatrick of Clayton County as a Member of the Judicial Selection Commission for a term beginning April 25, 1963, and ending January 10, 1967. The vote on this confirmation was ayes 46, nays 0.

Honorable G. L. Dickens, Jr., of Baldwin County as a Member of the Board of Regents of the University System of Georgia for a term beginning January 13, 1964, and ending January 1, 1971. The vote on this confirmation was ayes 46, nays 0.

Honorable Henry P. Persons, Jr., of Bibb County as a Member of the Georgia Real Estate Commission for a term beginning February 24, 1964, and ending February 24, 1967. The vote on this confirmation was ayes 46, nays 0.

Dr. T. Earl Taylor of Muscogee County as a Member of the Board of Dental Examiners of Georgia for a term beginning January 30, 1964, and ending August 1, 1965. The vote on this confirmation was ayes 46, nays 0.

Honorable W. M. Jackson of Fulton County as Superintendent of Banks of the State of Georgia for a term beginning February 17, 1964, and continuing until January 1, 1968. The vote on this confirmation was ayes 46, nays 0.

Mrs. Rebecca L. Garrett of Taylor County as a Member of the State Board of Pardons and Paroles for a term beginning February 18, 1964, and ending January 1, 1971. The vote on this confirmation was ayes 46, nays 0.

Honorable W. Ernest Buckner of Fulton County as a Member of the State Board of Workmen's Compensation for a term beginning February 7, 1964, and ending January 12, 1968. The vote on this confirmation was ayes 46, nays 0.

Honorable Lloyd Strickland of Hall County as a Member of the State Highway Board for a term beginning February 18, 1964, and ending April 16, 1964. The vote on this confirmation was ayes 46, nays 0.

Honorable Lloyd Strickland of Hall County as a Member of the State High way Board for a term beginning April 16, 1964, and ending April 16, 1969. The vote on this confirmation was ayes 46, nays 0.

Honorable James T. Greene of Chatham County as a Member of the State Board of Veterans Service for a term beginning April 1, 1964, and ending April 1, 1971. The vote on this confirmation was ayes 46, nays 0.
Respectfully submitted,
George D. Stewart,
Secretary of the Senate.

1312

JOURNAL OF THE SENATE,

The executive session was dissolved, and the Senate resumed the regular order of business.

SB 223. By Senator Zorn of the 6th:
A resolution creating an interim legislative committee to study laws re lating to malt beverages, wine, alcoholic beverages, distilled liquors, dis tilled spirits and the administration thereof and other designated matters relative to malt beverages, wine, alcoholic beverages, distilled liquors and distilled spirits; and for other purposes.

Senator Zorn of the 6th offered the following substitute:
A RESOLUTION
Creating an interim legislative committee to study laws relating to malt beverages, wine, alcoholic beverages, distilled liquors and distilled spirits and the administration thereof and other designated matters rela tive to malt beverages, wine, alcoholic beverages, distilled liquors and distilled spirits; and for other purposes.
WHEREAS, legislation relative to malt beverages, wine, alcoholic beverages, distilled liquors and distilled spirits has been introduced for several consecutive sessions of the General Assembly; and
WHEREAS, laws regulating and governing malt beverages, wine, alcoholic beverages, distilled liquors and distilled spirits are in many instances vague and ambiguous; and
WHEREAS, the sale, use and consumption of alcoholic beverages is of vital concern to the inhabitants of the State of Georgia and by its inherent nature demands careful and strict regulation and control.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is hereby created an interim legislative committee to be composed of five (5) members of the Senate to be appointed by the President. The Committee shall have the power and authority to study, evaluate, and make investigations of all laws embodied in Code Title 58 entitled "Intoxicating Liquors", and an Act approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" and any other laws rela tive to malt beverages, wine, alcoholic beverages, distilled liquors and distilled spirits, the sale, keeping, bartering, furnishing, manufacture, transportation and possession of the same. The Committee shall have the further power and authority to study, effectuate and make an investiga tion relative to the taxation and regulation of the manufacturing, dis tributing, transporting, storing or otherwise dealing in malt beverages, wine, alcoholic beverages, distilled liquors and distilled spirits. The Com mittee shall also have the power to study, evaluate and make an investi gation relative to the economic value of said products insofar as the same relates to the economy of the State of Georgia and the counties and municipalities therein. The Committee shall also be authorized and em-

FRIDAY, FEBRUARY 21, 1964

1313

powered to study the traffic in, control of and the illegal distribution of non-tax paid malt beverages, wine, alcoholic beverages, distilled liquors and distilled spirits as same exists in the State of Georgia. The Commit tee shall also have the power and authority to investigate any other matter relative to malt beverages, wine, alcoholic beverages, distilled liquors and distilled spirits which the Committee by a majority vote deems necessary to carry out the purposes of this Resolution.

BE IT FURTHER RESOLVED that the members of the Committee created by this Resolution shall have the power and authority to meet and shall have fifteen (15) days each member for carrying out the pur poses of this Resolution and the members of the Committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to or available to the legislative branch of government.

BE IT FURTHER RESOLVED that such Committee shall make a report of its recommendations, study and investigation as set forth in this Resolution to the 1965 Session of the General Assembly on or before January 11, 1965, and said Committee shall stand abolished as of that date.

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 adoption of the reso lution, was agreed to by substitute.

On the adoption of the resolution, the ayes were 29, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

SR 219. By Senator Carlton of the 21st: A resolution creating the Tax Study Committee; and for other purposes.

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

The resolution was adopted.

The following bill of the House was taken up for the purpose of considering the report of a Committee of Conference thereon:

1314

JOURNAL OF THE SENATE,

HB 162. By Messrs. Keyton of Thomas and Greene of Bartow:
A bill to comprehensively and exhaustively revise, supersede, consolidate, and codify the laws relating to public health, the Department of Public Health, the State Board of Health, County Boards of Health, sanitary districts, and district health commissioners; and for other purposes.

The report of the Committee of Conference was as follows:

The Conference Committee on House Bill No. 162 adopts the following report:
1. That the House recede from its position on disagreeing to Senate Amendments Nos. 1, 2 and 3, amending Code Section 88-103, 88-104 and 88-105 of Section 1, relating to the composition, filling of vacancies, and terms of office of the Board of Health, and agree to Senate Amendments Nos. 1, 2 and 3.
2. That the House recede from its position on disagreeing to Senate Amendment No. 4, amending Code Section 88-112 of Section 1, relating to the appointment of the Director of the Department of Public Health, and agree to Senate Amendment No. 4.
3. That the House recede from its position on disagreeing to Senate Amendment No. 5, amending Code Section 88-1305 of Section 1, relating to the meetings of the Radiation Control Council, and agree to Senate Amendment No. 5.
4. That the House recede from its position on disagreeing to Senate Amendment No. 6, amending Code Section 88-1005 of Section 1, relating to the Pood Service Advisory Council, and agree to Senate Amendment No. 6.
5. That the House recede from its position on disagreeing to Senate Amendment No. 7, amending Code Section 88-2205 of Section 1, relating to the meetings of the Hospital Advisory Council, and agree to Senate Amendment No. 7.
6. That the House recede from its position on disagreeing to Senate Amendment No. 8, amending Code Section 88-202 of Section 1, relating to the composition of county boards of health, and agree to Senate Amendment No. 8.
7. That the House recede from its position on disagreeing to Senate Amendment No. 9, amending Code Section 88-507 of Section 1, relating to the hospitalization of mentally ill persons, and agree to Senate Amend ment No. 9.
8. That the House recede from its position on disagreeing to Senate Amendments Nos. 10 and 11, amending Code Section 88-305 of Section 1, relating to the enforcement and administrative procedure of the Board of Health, and agree to Senate Amendments Nos. 10 and 11.

FRIDAY, FEBRUARY 21, 1964

1315

9. That the Senate recede from its position in amending subsection (d) of Code Section 8-108 of Section 1, and the Committee adopts the following in lieu thereof:

By striking subsection (d) of Code Section 88-108 of Section 1 in its entirety and inserting in lieu thereof the following:

"(d) manufacture drugs and biologicals which are not readily available on the market and not manufactured for commercial pur poses, when expressly authorized and shown on the minutes of the Board of Health; procure and distribute drugs and biologicals and purchase services from clinics, laboratories, hospitals and other health facilities and, when authorized by law, acquire and operate same;".

10. That the House recede from its position on disagreeing to Senate Amendment No. 13, amending Code Section 88-207 of Section 1, relating to minutes of county boards of health, and agree to Senate Amendment No. 13.

11. That the House recede from its position on disagreeing to Senate Amendment No. 14, amending Code Section 88-1821 of Section 1, relating to audits of hospital authorities, and agree to Senate Amendment No. 14.

12. That the House recede from its position on disagreeing to Senate Amendment No. 15, amending Code Section 88-111 of Section 1, relating to authority of the Board of Health conducting programs relating to chronic illnesses, and agree to Senate Amendment No. 15.

13. That the House recede from its position on disagreeing to Senate Amendment No. 16, amending Code Section 88-1004 of Section 1, relating to food service establishments, and agree to Senate Amendment No. 16.

14. That the House recede from its position on disagreeing to Senate Amendment No. 17, amending Code Section 88-304 of Section 1, relating to enforcement of administrative procedure of the Board of Health, and agree to Senate Amendment No. 17.

15. That the House recede from its position on disagreeing to Senate Amendment No. 18, amending Code Section 88-506 of Section 1, relating to hospitalization of the mentally ill, and agree to Senate Amendment No. 18.

16. That the House recede from its position on disagreeing to Senate Amendment No. 19, amending Code Section 88-404 of Section 1, relating to alcoholic rehabilitation and the Advisory Committee on Alcoholism, and agree to Senate Amendment No. 19.

17. That the House recede from its position on disagreeing to Senate Amendment No. 20, amending Code Section 88-306 in Section 1, relating to enforcement and administrative procedure of the Board of Health, and agree to Senate Amendment No. 20.

1316

JOURNAL OF THE SENATE,

18. That the Senate recede from its position as set out in Senate Amendment No. 21, amending Code Section 88-112 of Section 1.

19. That the House recede from its position on disagreeing to Senate Amendment No. 22, relating to misdemeanor punishment for violation of rules and regulations, amending Code Section 88-301 of Section 1, and agree to Senate Amendment No. 22.

20. That the House recede from its position on disagreeing to Senate Amendment No. 23, amending Code Section 88-1803 of Section 1, relating to the appointment of members of the boards of Hospital Authorities, and agree to Senate Amendment No. 23.

21. That the House recede from its position on disagreeing to Senate Amendments Nos. 24 and 25, amending Code Sections 88-513 and 88-516 in Section 1, relating to hospitalization of the mentally ill, and agree to Senate Amendment Nos. 24 and 25.

22. That the House recede from its position on disagreeing to Senate Amendments Nos. 26 and 27, amending Code Sections 88-704 and 88-708 of Section 1, relating to tuberculosis hospitalization, and agree to Senate Amendments Nos. 26 and 27.

23. That the House recede from its position on disagreeing to Senate Amendment No. 28, amending Code Section 88-817 in Section 1, relating to articles of bedding sanitation, and agree to Senate Amendment No. 28.

24. That the House recede from its position on disagreeing to Senate Amendment No. 29, amending Code Section 88-901 of Section 1, relating to air quality control, and agree to Senate Amendment No. 29.

25. That the House recede from its position on disagreeing to Senate Amendment No. 30, amending Code Section 88-112 in Section 1, relating to the term of the Director of the Department of Public Health, and agree to Senate Amendment No. 30.

Respectfully submitted,

Smalley of 28th Ellis of 44th Zorn of 6th
On Behalf of the Senate.

Greene of Bartow Keyton of Thomas Lowrey of Floyd
On Behalf of the House of Representatives.

Senator Smalley of the 28th moved that the Senate agree to the report of the Committee of Conference on HB 162.

FRIDAY, FEBRUARY 21, 1964

1317

On the motion, the ayes were 35, nays 0, and the report of the Committee of Conference was adopted.

HR 418. By Messrs. Hull, Fleming and Bell of Richmond:
A resolution authorizing the Governor to convey certain easements over State owned property; 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 390. By Messrs. Mitchell and Smith of Whitfield:
A resolution authorizing and directing the State Librarian to furnish certain law books to the clerk of the Superior Court and the ordinary of Whitfield 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 28, nays 0.

HR 364. By Messrs. Key ton and Russell of Thomas:
A resolution to designate the "William Fred Scott, Sr. 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 33, nays 0.

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

1318

JOURNAL OF THE SENATE,

HB 1246. By Mr. Blair of Sumter:
A bill to amend an act relating to motor vehicle licenses, so as to provide that non-resident vehicles may haul seasonal agricultural products grown in this State upon the payment of a fee on a prorated daily basis; and for other purposes.

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

On the passage of the bill, the ayes were 35, nays 0.

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

The following resolutions were read and adopted:

HR 554. By Mr. Barber of Jackson:
A resolution commending and congratulating the Honorable W. Tapley Bennett, Jr.; and for other purposes.

HR 533. By Mr. Parker of Screven:
A resolution extending an invitation to the members of the General Assembly to attend the Screven County Livestock Festival; and for other purposes.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 190. By Senators Webb of the llth, Carlton of the 21st and Jackson of the 16th:
A bill to create the Georgia State Scholarship Commission; to Authorize and empower the Commission to activate, inaugurate and conduct a pro gram to provide for the granting of scholarships; and for other purposes.

The House amendment was as follows:
Messrs. Twitty of Mitchell and Wilkes of Cook moved to amend SB 190 by striking the words Jan. 1, 1965 in Section 12 and inserting in lieu thereof the words, "July 1, 1965."

FRIDAY, FEBRUARY 21, 1964

1319

Mr. Wilkes of Cook and Mr. Twitty of Mitchell moved to amend SB 190 by striking the last paragraph of Section 5 in its entirety.

Messrs. Wilkes of Cook and Twitty of Mitchell moved to amend SB 190 by striking in section 5, paragraph 2 the following sentence "this compensation shall be two thousand four hundred ($2400.00) dollars a year." and substituting the following "He shall serve without further remuneration."

Messrs. Wilkes of Cook and Twitty of Mitchell moved to amend SB 190 by striking the word "December 1, 1964" in section 12 and insert ing in lieu thereof "July 1, 1965".

Messrs. Wilkes of Cook and Twitty of Mitchell moved to amend
SB 190 by striking the second paragraph of section 7 in its entirety, and
by striking the following language in section 8 (4), to-wit; "deterred by
financial consideration" and inserting in lieu thereof the following "unable -".

Senator Webb of the llth moved that the Senate agree to the House amend ment to SB 190.

On the motion, the ayes were 33, nays 0, and the amendment was agreed to.
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 and resolutions of the Senate to wit:
SB 352. By Senator Harrison of the 48th: A bill to amend an act incorporating the City of Commerce; and for other purposes.
SB 4. By Senator Zorn of the 6th: A bill to amend Chapter 89-5 of the Code of Ga.; relating to vacancies and resignations of public officers; and for other purposes.
SB 278. By Senators Johnson of the 38th, Maclntyre of the 40th, Coggin of the 35th, and others: A bill to amend an act to amend the charter of the City of Atlanta; and for other purposes.

1320

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 resolution of the Senate to wit:

SB 334. By Senators Brown of the 34th, Maclntyre of the 40th, and Coggin of the 35th and others:
A bill to amend an act establishing a new charter for the City of College Park.

SB 289. By Senators Brown of the 34th, Brewer of the 39th, Maclntyre of the 40th and others:
A bill to amend an act establishing a new charter for the City of College Park; and for other purposes.

SR 152. By Senator Carlton of the 21st:
A resolution to amend a resolution creating the Senate Committee on Economy, Reorganization and Efficiency in State Government; and for other purposes.

SB 71. By Senator Gillis of the 20th:
A bill to amend Code Section 13-904, relating to applications for bank charters; and for other purposes.

SB 283. By Senator Conway of the 41st:
A bill to create the Georgia Science Commission; to provide for the members thereof; to provide for terms, compensation, duties and powers; and for other purposes.

SB 280. By Senators Wesberry of the 37th, Salome of the 36th, Coggin of the 35th and others: A bill to amend an act classifying property for taxation, so as to provide that the distribution of the revenue derived from the taxation of in tangible personal property; and for other purposes.
SB 167. By Senator Wesberry of the 37th: A bill to provide for additional investment for municipalities, counties,

FRIDAY, FEBRUARY 21, 1964

1321

school districts, and other local governmental units; and for other purposes.

SB 317. By Senators Coggin of the 35th, Brown of the 34th, Maclntyre of the 40th and others:
A bill to amend an act entitled "An Act to incorporate the City of Hapeville, Ga., and for other purposes" so as to provide a sewer tax for the City; and for other purposes.

SB 318. By Senators Coggin of the 35th, Brown of the 34th, Maclntyre of the 40th and others: A bill to amend an act entitled "An Act to incorporate the city of Hapeville, Ga., and for other purposes" relative to the retirement pro gram for Hapeville employees.
SB 329. By Senators Maclntyre of the 40th, Johnson of the 38th, Wesberry of the 37th and others: A bill creating a new charter for the City of Alpharetta; and for other purposes.
SB 348. By Senators Maclntyre of the 40th, Coggin of the 35th, Brown of the 34th and others: A bill to amend an act creating a new charter for the City of East Point in the County of Fulton, so as to provide for a secretary for the mayor; and for other purposes.
SB 350. By Senators Salome of the 36th, Coggin of the 35th, Wesberry of the 37th and others: A bill to amend an act providing for the retirement of judges of the Civil Court of Fulton County and others; and for other purposes.
SB 356. By Senators Maclntyre of the 40th, Brewer of the 39th, Salome of the 36th and others: A bill to amend an act establishing a new charter for the City of East Point in the County of Fulton; and for other purposes.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the following Resolution of the House:

1322

JOURNAL OF THE SENATE,

HR 554. By Mr. Barber of Jackson:
A resolution commending and congratulating the Honorable W. Tapley Bennett, Jr.; and for other purposes.

The House has adopted the Conference Committee report on the following bills of the House and Senate:

HB 162. By Messrs. Key ton of Thomas and Greene of Bartow:
A bill comprehensively and exhaustively to revise, supersede, consolidate, and codify the laws relating to Public Health; and for other purposes.

SB 360. By Senator Knox of the 24th:
A bill to amend an act governing and regulating the use of the public roads and highways of this State, so as to provide for special blanket permits; and for other purposes.

HR 400. By Messrs. Steis of Harris, Floyd of Chattooga and Smith of Whitfield:
A resolution proposing an amendment to the Constitution so as to ex tend the homestead exemption for disabled veterans to those veterans suffering from paraplegia or permanent paralysis resulting from multi ple sclerosis; to provide for the submission of this amendment for rati fication or rejection; and for other purposes.

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 Brown of 34th Byrd Carlton Coggin Ellis Fincher Gayner Gillis Gordy Harrison Heard Hunt Jackson

Johnson of 38th Kendrick Kidd Knox Lee Loggins Miller Moore McKinnon Oliver Owens Pennington Phillips Plunkett

Rowan Salome Scott Searcey Smith Spinks Thomas Tribble Webb Wesberry Yancey Young Zorn

FRIDAY, FEBRUARY 21, 1964

1323

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 149. By Messrs. Lane and Nessmith of Bulloch:
A resolution to compensate Mr. and Mrs. James Collins; and for other purposes.
Senator Gillis of the 20th offered the following amendment:
Amend HR 149 by adding the following:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constitutents may be the only consideration. Each payment ap proved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment ap proved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement.
Any person who violates 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 39, 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, involving an appropriation, a roll call was ordered, and the vote was as follows:

1324

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Broun of 46th Brown of 34th Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gordy Harrison Heard

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Knox Lee Maclntyre Miller McKinnon Oliver Owens Plunkett

Rowan Salome Scott Smalley Smith Spinks Thomas 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 39, nays 0.

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

HR 195. By Mr. Williams of Hall: A resolution to compensate Monte F. Trout; and for other purposes.

Senator Gillis of the 20th offered the following amendment:
Amend HR 195 by adding the following:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constitutents may be the only consideration. Each payment ap proved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as fol lows:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment ap proved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement.

FRIDAY, FEBRUARY 21, 1964

1325

Any person who violates 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 39, 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, involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Brown of 34th Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gordy Harrison Heard

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Knox Lee Maclntyre Miller McKinnon Oliver Owens Plunkett

Rowan Salome Scott Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young Zorn

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

On the adoption of the resolution, the ayes were 39, nays 0.

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

HR 370. By Mr. Simmons of Banks: A resolution compensating Mrs. Louise Bruce; and for other purposes.

Senator Gillis of the 20th offered the following amendment:
Amend HR 370 by adding the following:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to

1326

JOURNAL OF THE SENATE,

collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows:

It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement.

Any person who violates 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 39, 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, involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Knox Lee Maclntyre Miller McKinnon Oliver Owens Plunkett Rowan

Salome Scott Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young Zorn

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

FRIDAY, FEBRUARY 21, 1964

1327

On the adoption of the resolution, the ayes were 40, nays 0.

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

HR 351. By Messrs. Stalnaker of Houston and Sinclair of Macon:
A resolution compensating Mr. James Ei Hattaway; and for other purposes.

Senator Gillis of the 20th offered the following amendment:
Amend HR 351 by adding the following:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Adiisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement.
Any person who violates 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 39, 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, involving an appropriation, a roll call was ordered, and the vote was as follows:

1328

JOURNAL OP THE SENATE,

Those voting in the affirmative were Senators:

Broun of 46th Brown of 34th Carlton Carter Coggin
Conway Downing Ellis Pincher Gayner Gordy Harrison Heard

Holloway Hunt Jackson Johnson of 42nd Knox
Lee Maclntyre Miller McKinnon Oliver Owens Plunkett Rowan

Salome Scott Smalley Smith Spinks Thomas 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 38, nays 0.

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

HR 321. By Mr. McClelland of Pulton: A resolution to compensate Lawrence Moore; and for other purposes.

Senator Gillis of the 20th offered the following amendment:
Amend HR 321 by adding the following:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment ap proved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as fol lows:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment ap proved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement.

FRIDAY, FEBRUARY 21, 1964

1329

Any person who violates 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 39, 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, involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Brown of 34th Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gordy Harrison Heard

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Knox Lee Maclntyre Miller McKinnon Oliver Owens Plunkett

Rowan Salome Scott Smalley Smith Spinks Thomas 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 39, nays 0.

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

HR 200. By Mr. Rutland of DeKalb: A resolution to compensate Paul T. Kane; and for other purposes.

Senator Gillis of the 20th offered the following amendment:
Amend HR 200 by adding the following:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to

1330

JOURNAL OF THE SENATE,

collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows:

It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement.

Any person who violates 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 39, 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, involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Brown of 34th Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gordy Harrison Heard

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Knox Lee Maclntyre Miller McKinnon Oliver Owens Plunkett

Rowan Salome Scott Smalley Smith Spinks Thomas Tribble Webb Wesberry Yancey Young Zorn

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

FRIDAY, FEBRUARY 21, 1964

1331

On the adoption of the resolution, the ayes were 39, nays 0.

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

HR 56. By Mr. Smith of Grady: A resolution to compensate Julius W. Johnson; and for other purposes.

Senator Gillis of the 20th offered the following amendment:
Amend HR 56 by adding the following:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows:
It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remunera tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement.
Any person who violates 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 39, 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, involving an appropriation, a roll call was ordered, and the vote was as follows:

1332

JOUENAL OP THE SENATE,

Those voting in the affirmative were Senators:

Broun of 46th Brown of 34th Carlton Carter Coggin Conway Downing Ellis Fincher Gayner Gordy Harrison Heard

Holloway Hunt Jackson Johnson of 42nd Johnson of 38th Knox Lee Maclntyre Miller McKinnon Oliver Owens Plunkett

Rowan Salome Scott Smalley Smith Spinks Thomas 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 39, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
HR 459. By Messrs. Eehols of Upson, Etheridge of Fulton and Walker of Lowndes: A resolution to create a joint committee to study school bus transporta tion; 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 1.

The resolution, having received the requisite constitutional majority, was adopted.
HR 344. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A resolution to amend a resolution creating the "Constitution Revision Commission", so as to clarify the provisions relating to compensation for certain members; and for other purposes.

FRIDAY, FEBRUARY 21, 1964

1333

jj

The report of the committee, which was favorable to the adoption of the

a 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 495. By Messrs. Griffin and Conger of Decatur:
A resolution providing for the compilation and development of a Registry of Blind Persons residing within the State; to define the term "blind persons" for the purposes of this resolution; and for other purposes.

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

On the adoption of the resolution, the ayes were 35, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 988. By Mr. Wilkes of Cook: A bill to amend an act providing that any person who shall have reached his or her 18th birthday and who is married, may execute notes, loan deeds, deeds to secure debt for the purpose of securing loans on real estate, so as to authorize certain minors to execute instruments convey ing interests in real estate; and for other purposes.
The report 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 962. By Mr. Fleming of Richmond: A bill to amend an act relating to the granting of bail for criminal offenses, so as to provide that the bail shall continue during trial; to

1334

JOURNAL OF THE SENATE,

provide that as a matter of right in all offenses, except capital, the accused is entitled to bail; and for other purposes.

The report 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 1.

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

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The house has adopted as amended by the requisite constitutional majority the following resolution of the Senate to wit:
SR 170. By Senator Kidd of the 25th: A resolution proposing an amendment to the Constitution so as to authorize county boards of education to expend educational funds for the purpose of providing Workmen's Compensation; and for other pur poses.
The following resolution of the Senate was taken up for the purpose of con sidering a House amendment thereto:
SR 170. By Senator Kidd of the 25th: A resolution proposing an amendment to the Constitution so as to au thorize county boards of education to expend educational funds for the purpose of providing Workmen's Compensation; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
The House amendment was as follows:
Mr. Lambert of Morgan moved to amend SR 170 by striking the words "except teachers" in section 1.
Senator Kidd of the 25th moved that the Senate agree to the House amend ment to SR 170.

FRIDAY, FEBRUARY 21, 1964

1335

On the motion, the ayes were 28, nays 0, and the amendment was agreed to.

The following resolution of the Senate was taken up for the purpose of con sidering a House amendment thereto:

SR 158. By Senators Johnson of the 42nd, Conway of the 41st and others:
A resolution proposing an amendment to the Constitution so as to de clare the acquisition of the system of public transportation of passengers for hire in the City of Atlanta and the Counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett to be an essential governmental function and a public purpose; and for other purposes.

The House amendment was as follows:
Mr. Harris of DeKalb moved to amend SR 158 by striking the language quoted as Paragraph I in section 1 of said resolution and inserting in lieu thereof a new paragraph I to read as follows:
"Paragraph I. The acquisition, establishment, operation or administration of a system of public transportation of passengers for hire within the metropolitan area of the City of Atlanta and the Counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett, is an essential governmental function and a public purpose for which the powers of taxation and eminent domain may be exercised and public funds of said counties and municipality expended."

Senator Johnson of the 42nd moved that the Senate agree to the House amendment to SR 158.

On the motion, the ayes were 36, nays 0, and the amendment was agreed to.

The following bill was taken up for the purpose of considering the report of a Committee of Conference thereon:

SB 360. By Senator Knox of the 24th:
A bill to amend an act governing and regulating the use of the public roads and highways of this State, approved March 27, 1941, as amended, so as to provide for special blanket permits; to allow certain vehicles to exceed the width limitations; to repeal conflicting laws; and for other purposes.

1336

JOURNAL OF THE SENATE,

The report of the Committee of Conference was as follows:

Mr. President:

Conference Committee Report

Mr. Speaker:

Your conference committee on SB 360 has met and recommends as follows:

That the Senate recede from its position.
Respectfully submitted,
Knox of 24th Johnson of 42nd McKinnon of 7th
On the part of the Senate
Blair of Sumter Johnson of Warren Cullens of Bartow
On the part of the House

Senator Johnson of the 42nd moved that the Senate agree to the report of the Committee of Conference to SB 360.

On the motion, the ayes were 30, nays 0, and the report of the Committee of Conference was agreed to.

The following bill of the House was taken up for the purpose^of considering the report of a Committee of Conference thereon:

HB 1147. By Messrs. Etheridge and McClelland of Pulton:
A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to authorize counties where the sale of alcoholic beverages is authorized by law and which counties have a certain population, to issue license for the sale of alcoholic beverages containing less than 4 ozs; and for other purposes.

The report of the Committee of Conference was as follows: Conference Committee Report on HB 1147.
Mr. President: Mr. Speaker:
The Conference Committee on HB 1147 recommends that the Senate and the

FRIDAY, FEBRUARY 21, 1964

1337

House recede from their respective positions on HB 1147 and that each body adopt the bill attached to this report in lieu thereof:
Respectfully submitted,
By: Maclntyre of 40th, Chairman Downing of the 1st Holloway of 12th On the part of the Senate
Sinclair of Macon On the part of the House

The undersigned members of the Conference Committee on HB 1147 do here by disagree with the above set forth committee report.
By: Blalock of Coweta Paris of Barrow On the part of the House
A BILL
To be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, so as to authorize counties where the sale of alcoholic beverages is authorized by law and which such counties have a population of 40,000 or more, according to the United States Decennial Census of 1960 or any future such decennial census, and to authorize all cities located wholly or partially within such counties, to issue licenses for the sale of distilled spirits or alcoholic beverages in that part of such cities lying within such counties; to authorize such counties and cities to prescribe rules and regulations concerning the issuance of such licenses; to au thorize such counties and cities to prescribe rules and regulations re lating to and concerning the regulation of any businesses holding such licenses; to authorize wholesale distributors to sell to persons licensed under this Act; to provide for the procedure for implementing this Act; to provide for elections; to provide for future referendums; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, is hereby amended by renumbering Section 31, the repealer clause, as Section 32, and by inserting a new Section 31 to read as follows:
"Section 31. (a) Anything in this Act to the contrary not withstanding every county in the State of Georgia where the sale of distilled spirits or alcoholic beverages is authorized by law and which such counties have a population of 40,000 or more, according to the United States Decennial Census of 1960 or any future such decennial census, and any city or municipality in that part of such

1338

JOURNAL OP THE SENATE,

cities lying within such counties may, through proper resolution or ordinance, authorize the issuance of licenses to sell distilled spirits or alcoholic beverages for beverage purposes by the drink, said sales to be for consumption only on the premises.

"(b) Every county and city as set forth in this Section shall have the full power and authority to adopt all reasonable rules and regulations governing the qualifications and criteria for issuance of any such license and shall further have the power and authority to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this Section, including but not being limited to the regulation of hours of business, types of employees, and other matters which may fall within the police powers of such municipalities or counties.

"(c) Those persons who are duly licensed as wholesalers under the provisions of this Act shall be authorized to sell to any person or persons licensed as provided in this Section, distilled spirits at wholesale, and the persons so licensed under this Section shall be authorized to purchase such distilled spirits from a licensed whole saler at wholesale.
"(d) This Section shall not become effective until a referendum has been held and conducted, in accordance with this Section, by the governing authority of any municipality or county affected by this Section.
"In the event the governing authority of any municipality or county coming under the provisions of this Section desires to imple ment and place this Section in effect, then and in that event such governing authority shall conduct a special referendum election for the purpose of determining whether or not this Section shall become effective. In the event a majority of those persons voting in any such referendum election vote in favor of implementing this Section, then this Section shall become effective immediately. In the event a majority of those voting in any such referendum election shall vote against implementing this Section, then this Section shall be come null, void and of no force or effect in the municipality or county wherein said referendum election was conducted.

"In the event the governing authority of any municipality or county coming under the provisions of this Section does not call for and conduct the referendum provided for above, then, upon a written petition containing the signatures of fifteen (15%) per cent of the registered and qualified voters of any municipality or county coming within the provisions of this Section being filed with the appro priate governing authority, then said governing authority shall be required to hold and conduct a special referendum election for the purpose of submitting to the qualified voters of any such munici pality or county the question of whether or not this Section shall become effective. In the event a majority of the persons voting in such referendum vote in favor of implementing this Section, then this Section shall become of full force and effect immediately. If a majority of the qualified voters voting in any such referendum vote

FRIDAY, FEBRUARY 21, 1964

1339

against implementing this Section, then this Section shall become null, void and of no force and effect as to the municipality or county holding such referendum.

"(e) In any municipality or county which has at any time held an election in accordance with the foregoing provisions of this Section resulting in the majority of the votes being cast in favor of the sale of distilled spirits or alcoholic beverages for beverage purposes by the drink, the governing authority of such municipality or county shall upon a petition signed by at least thirty-five (35%) per cent of the registered, qualified voters of said municipality or county proceed to call another election in the same manner as hereinbefore prescribed for the purpose of nullifying the previous election; provided, however, no such election shall be called or had within two (2) years after the date of the declaration by the govern ing authority of the results of the previous election held for such purposes as hereinabove provided."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Holloway of the 12th moved that the Senate adopt the report of the Committee of Conference on HB 1147.

On the motion, the ayes were 31, nays 14, and the report of the Committee of Conference was adopted.

HB 1068. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty and Andrews of Stephens:
A bill to amend an act authorizing and chartering and empowering of corporations, and amending present corporation laws, so as to provide that the Secretary of State shall accept for file and record only those documents suitable for reproduction; and for other purposes.

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

On the passage of the bill, the president 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:

Brown of 34th Carlton

Carter Fincher

Gayner Gillis

1340
Gordy Hall Harrison Heard Hunt Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Knox

JOURNAL OP THE SENATE,

Lee Loggins Miller Moore McKinnon Oliver Owens Phillips Plunkett Rowan Salome

Scott Searcey Smalley Smith Spinks Thomas Webb Wesberry Yancey Young Zorn

Voting in the negative was Senator Broun of 46th.

The roll call was verified.

On the passage of the bill, the ayes were 39, nays 1.

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

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the report of the Committee of Conference on the following bill of the House:

HB 1147. By Messrs. Etheridge and McClelland of Fulton:
A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to authorize counties where the sale of alcoholic beverages is authorized by law and which counties have a certain population, to issue license for the sale of alcoholic beverages containing less than 4 ozs; and for other purposes.

The following resolution was adopted:

SR 211. By Senator Pennington of the 45th:
A resolution relative to the Agriculture and Natural Resources Com mittee; and for other purposes.

FRIDAY, FEBRUARY 21, 1964

1341

The following resolutions were read and adopted:

SR 224. By Senator Coggin of the 35th:
A resolution extending a welcome to the Southern Regional Meeting of the American Bar Association; and for other purposes.

SR 225. By Senator Coggin of the 35th:
A resolution commending the American Bar Association's Program of Education against Communism; and for other purposes.

SR 226. By Senator Coggin of the 35th:
A resolution commending the Committee on the Traffic Court Program of the American Bar Association; and for other purposes.

SR 229. By Senators Byrd of the 17th and Broun of the 46th: A resolution commending J. Alton Hosch; and for other purposes.

SR 230. By Senator Noble of the 19th:
A resolution requesting the Board of Regents to establish a four-year college at the Middle Georgia College; and for other purposes.

SR 231. By Senators Carlton of the 21st and Webb of the llth:
A resolution expressing appreciation to Honorable Jack B. Ray, Honor able James E. Young and Honorable George B. Hamilton; and for other purposes.

SR 233. By Senator Carlton of the 21st:
A resolution expressing appreciation to the Macon Telegraph and Macon News; and for other purposes.

SR 234. By Senators Brown of the 34th, Brewer of the 39th, Maclntyre of the 40th, Johnson of the 38th, and others:
A resolution expressing appreciation to Chief Herbert Jenkins, Lt. H. J. Copeland, Sgt. B. F. Rains, and Patrolman J. T. Cameron of the Atlanta Police Force; and for other purposes.

SR 235. By Senators Carlton of the 21st and Webb of the llth:
A resolution expressing appreciation to Honorable Ben W. Fortson, Jr., and Honorable Joe N. Burton; and for other purposes.

1342

JOURNAL OF THE SENATE,

SR 236. By Senators Miller of the 50th and Plunkett of the 30th:
A resolution expressing regrets at the passing of Dr. Charles F. Clegg; and for other purposes.

SR 237. By Senator Kidd of the 25th:
A resolution creating an interim legislative committee to study homes for the aged, nursing homes and convalescent homes; and for other purposes.

SR 238. By Senator Loggins of the 53rd:
A resolution to amend SR 93 of the 1963 session; and for other pur poses.

SR 239. By Senator Brown of the 34th:
A resolution expressing regrets at the passing of Walter M. Copp; and for other purposes.

SR 240. By Senator Carlton of the 21st: A resolution amending the rules of the Senate; and for other purposes.

SR 242. By Senator Carlton of the 21st:
A resolution to provide for reimbursement to the Lieutenant Governor and/or president of the Senate for certain expenses; and for other pur poses.

SR 243. By Senator Rowan of the 8th:
A resolution commending the Valdosta Chapter of the American Hemerocallis Society; and for other purposes.

SR 244. By Messrs. Jackson of the 16th and Brown of the 34th:
A resolution expressing appreciation to Colonel H. Lowell Conner, Director, Department of Public Safety and Trooper Raymond 0. Davis; and for other purposes.

SR 245. By Senators Hall of the 52nd and Miller of the 50th:
A resolution creating an interim committee to study teacher tenure; and for other purposes.

FRIDAY, FEBRUARY 21, 1964

1343

SR 241. By Senator Carlton of the 21st:
A resolution relating to interim affairs of the Senate; and for other purposes.

The following bill of the Senate was taken up for the purpose of considering the report of a Committee of Conference thereto:

SB 276. By Senators Webb of the llth, Smalley of the 28th, Lee of the 47th, Hunt of the 26th, Spinks of the 9th, Smith of the 18th and others:
A bill relating to congressional districts and the composition thereof, so as to designate the counties and portions thereof which shall compose the ten congressional districts of Georgia; to repeal conflicting laws; and for other purposes.

Senator Gillis of the 20th reported that the Committee of Conference on SB 276 could not reach an agreement, and respectfully asked that the Committee be discharged, and another Committee of Conference appointed, with instructions to support the first plan under consideration.

Senator Smalley of the 28th moved that the Senate agree to the procedure as outlined by Senator Gillis of the 20th.

On the motion, Senator Smalley of the 28th 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:

Carlton Coggin Downing Fincher Fuqua Gillis Gordy Hall

Holloway Hunt Kidd Knox Lee Loggins Moore McKinnon

Oliver Scott Searcey Thomas Tribble Webb Young

Those voting in the negative were Senators:

Brewer Broun of 46th

Brown of 34th Byrd

Carter Conway

1344

JOURNAL OF THE SENATE,

Ellis Gayner Harrison Heard Jackson Johnson of 42nd Johnson of 38th Kendrick

Maclntyre Miller Owens Pennington Phillips Plunkett Rowan Salome

Smalley Smith Spinks Wesberry Yancey Zorn

On the call of the roll, the ayes were 23, nays 28, and the motion was lost.

Senator Smalley of the 28th moved that a new Committee of Conference be appointed on SB 276.

On the motion, the ayes were 33, nays 0, and the motion prevailed.

The president appointed as a new Committee the following:
Senators Gayner of the 5th, Loggins of the 53rd and Searcey of the 2nd.
The following report of a Committee of Conference on SB 276 was read by the secretary:
February 21, 1964. Conference Committee appointed by the Senate and House for Senate Bill 276 having met does hereby unanimously submit the following plan:

We hereby submit the attached plan incorporated therein and recommend it to pass.
Smith of Emanuel Fowler of Douglas Bedgood of Clarke
On the part of the House
Loggins of 53rd Gayner of 5th Searcey of 2nd
On the part of the Senate

FRIDAY, FEBRUARY 21, 1964

1345

A BILL

TO BE ENTITLED

An Act to amend Code Section 34-2301, relating to congressional districts and the composition thereof, so as to designate the counties and portions thereof which shall compose the ten congressional districts of Georgia; to provide for the applicability of this Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 34-2301, relating to congressional districts and the composition thereof, is hereby amended by striking said Section in its entirety and inserting in lieu thereof a new Code Section 34-2301 to read as follows:
"34-2301. Congressional districts. -- The State is hereby divided into 10 congressional districts, each of said districts being entitled to elect one Representative to the Congress of the United States. The districts shall be composed of the following counties, or portions thereof, respectively:
"FIRST DISTRICT. Bryan, Bulloch, Burke, Candler, Chatham, Effingham, Emanuel, Evans, Jenkins, Johnson, Laurens, Liberty, Long, Mclntosh, Montgomery, Screven, Tattnall, Toombs, Treutlen and Wheeler.
"SECOND DISTRICT: Baker, Brooks, Calhoun, Clay, Colquitt, Crisp, Decatur, Dougherty, Early, Grady, Miller, Mitchell, Quitman, Randolph, Seminole, Terrell, Thomas, Tift, Turner and Worth.
"THIRD DISTRICT: Chattahoochee, Crawford, Dooly, Harris, Houston, Lee, Macon, Marion, Muscogee, Peach, Pulaski, Schley, Stewart, Sumter, Talbot, Taylor, Twiggs, Webster and Wilkinson.
"FOURTH DISTRICT: DeKalb County, plus Rockdale County and that part of Fulton County described as follows:
"(a) The present 36th senatorial district, as the same is consti tuted and described in Code Section 47-102, relating to senatorial districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct., Ex. Sess. p. 7); and
"(b) All of that part of the 35th senatorial district, as the same is constituted and described in Code Section 47-102, relating to senatorial districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct., Ex. Sess. p. 7), lying Easterly of Capitol Avenue and Southeasterly of Butler Street and South of the Georgia Railway; and
"(c) All of that part of the 37th senatorial district, as the same

1346

JOURNAL OF THE SENATE,

in constituted and described in Code Section 47-102, relating to sena torial districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct., Ex. Sess. p. 7), which is de scribed as follows:

"Beginning at the intersection of Butler Street and its point of intersection with the line dividing the 36th and 37th senatorial dis tricts, as the same are constituted and described in Code Section 47102, relating to senatorial districts, as amended, particularly by an Act approved October 5, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess. p. 7), thence along the center of Butler Street Northeasterly to its intersection with Edgewood Avenue; thence Northerly along the center of Butler Street to the intersection of Forest Avenue; thence Easterly down the center line of Forest Avenue to its intersection with Bedford Place; thence Northerly along the center line of Bed ford Place to its intersection with Ponce de Leon Avenue; thence continuing Northerly across Ponce de Leon, Northerly down the center line of Argonne Avenue to a point where Argonne Avenue intersects with Tenth Street; thence Easterly along the center line of Tenth Street to the center of the right-of-way of the Southern Railway; thence Northerly, Northwesterly and Northeasterly along the Western boundary line of the 37th senatorial district to its inter section with the line dividing Fulton and DeKalb Counties; thence South along the East boundary line of the 37th senatorial district to the South boundary line of the 37th senatorial district dividing the 36th and the 37th senatorial districts; thence Westerly along the Southern line of the 37th senatorial district to the point of beginning.

"FIFTH DISTRICT: Fulton, with the exception of the territory of Fulton County embraced within the Fourth District as set forth hereinabove.

"SIXTH DISTRICT: Bibb, Butts, Carroll, Clayton, Coweta, Fayette, Heard, Henry, Jones, Lamar, Meriwether, Monroe, Pike, Spalding, Troup and Upson.

"SEVENTH DISTRICT: Bartow, Catoosa, Chattooga, Cobb, Dade, Douglas, Floyd, Gordon, Haralson, Murray, Paulding, Polk, Walker and Whitfield.

"EIGHTH DISTRICT: Appling, Atkinson, Bacon, Ben Hill, Berrien, Bleckley, Brantley, Camden, Charlton, Clinch, Coffee, Cook, Dodge, Echols, Glynn, Irwin, Jeff Davis, Lanier, Lowndes, Pierce, Telfair, Ware, Wayne and Wilcox.

"NINTH DISTRICT: Banks, Barrow, Cherokee, Dawson, Elbert, Fannin, Forsyth, Franklin, Gilmer, Gwinnett, Habersham, Hall, Hart, Jackson, Lumpkin, Madison, Pickens, Rabun, Stephens, Towns, Union and White.

"TENTH DISTRICT: Baldwin, Clarke, Columbia, Glascock, Greene, Hancock, Jasper, Jefferson, Lincoln, McDuffie, Morgan, Newton, Oconee, Oglethorpe, Putnam, Richmond, Taliaferro, Walton, Warren, Washington and Wilkes."

FRIDAY, FEBRUARY 21, 1964

1347

Section 2. In order to effectuate the purposes of this Act and to comply with the provisions of the State Constitution, the memberships of all Constitutional boards, commissions, authorities, committees, depart ments, councils, and other bodies where appointments are made on the basis of congressional districts are hereby reconstituted and reorganized and all new appointments to said boards and bodies necessitated by the provisions of this Act shall be made by the Governor in accordance with the provisions of the State Constitution and applicable statutes.
In making the reappointments to said boards and bodies as herein before set forth, the Governor shall, insofar as constitutionally possible, reappoint the same persons to said boards and bodies who presently con stitute the memberships thereof and shall preserve the staggered terms of said members as provided by law.
Nothing contained herein shall in anyway affect any of the terms of the appointments made pursuant to the Constitution of the State of Georgia.
Section 3. In order to further effectuate the purposes of this Act, all members of statutory boards, commissions, authorities, committees, de partments, councils and other bodies where appointments have been made on the basis of congressional districts shall serve out their present terms and shall not be affected in any manner by the provisions of this Act. Upon the expiration of the terms of the present members of said bodies or should a vacancy occur in the term of any member presently serving on any such body by death, resignation or otherwise, the successors in office shall be appointed under the provisions of redistricting as provided in this Act and from the new congressional district of the County in which the vacancy occurred. In the event any such appointment as afore said would result in such district having more than one member, the Governor shall appoint a person from another district having no member previously appointed to represent such district.
Section 4. This Act shall be applicable to the members of the United States House of Representatives who are elected for the 1965-66 term and to those who are elected for future terms.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Coggin of the 35th moved that the Senate adopt the report of the Committee of Conference on SB 276.

On the motion, the ayes were 35, nays 7, and the report of the Committee of Conference was adopted.

The following message was received from the House through Mr. Ellard the Clerk thereof:
Mr. President:
The House has agreed to the report of the Second Conference Committee on the following bill of the Senate:

1348

JOURNAL OF THE SENATE,

SB 276. By Senators Webb of the llth, Smalley of the 28th, Lee of the 47th and others:
A bill to amend Code Section 34-2301, relating to Congressional Districts and the composition thereof; and for other purposes.

The House has adopted the following resolution of the House:

HR 562. By Mr. Bynum of Rabun:
A resolution relative to adjournment of the General Assembly; 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 Governor:
SB 4. SB 71. SB 74. SB 172. SB 176. SB 178. SB 179. SB 187. SB 189. SB 190. SB 191. SB 197. SB 198. SB 210. SB 211. SB 212. SB 213. SB 214.

FRIDAY, FEBRUARY 21, 1964

1349

SB 215. SB 216. SB 217. SB 218. SB 219. SB 220. SB 221. SB 225. SB 228. SB 232. SB 233.
SB 236. SB 249. SB 250. SB 252. SB 257. SB 262. SB 266. SB 267.
SB 270. SB 271. SB 274. SB 275. SB 276. SB 278. SB 279. SB 280. SB 281. SB 282. SB 283. SB 286. SB 288. SB 289. SB 293.

1350
SB 294. SB 295. SB 302. SB 303. SB 305. SB 306. SB 311. SB 314. SB 315. SB 316. SB 317. SB 318. SB 319. SB 320. SB 322. SB 323. SB 324. SB 325. SB 329. SB 334. SB 338. SB 339. SB 340. SB 341.
SB 345. SB 348. SB 349. SB 350. SB 351. SB 352. SB 356. SB 359. SB 360. SR 139

JOURNAL OP THE SENATE,

SR 146. SR 147. SR 158. SR 170. SR 202. SB 167. SR 142. SR 152. SR 163. SR 171. SR 180. SR 188. SR 190. SR 192. SR 196. SR 197. SR 198. SR 199. SR 200. SR 203.

FRIDAY, FEBRUARY 21, 1964

1351

Respectfully submitted, Pelham of the 10th District, Chairman.

The following resolution was read and adopted:

HR 562. By Mr. Bynum of Rabun:
A resolution relative to adjournment of the General Assembly; and for other purposes.

The time of adjournment having arrived, the president announced the Senate adjourned sine die at 11:59 o'clock p.m.

OFFICERS
OP THE
STATE SENATE
1964-1965
PETER ZACK GEER__-_____-______-________________Lieutenant Governor
MILLER COUNTY
HARRY C. JACKSON_-____-_________.President Pro Tern
MUSCOGEE COUNTY
GEORGE D. STEWART__--____-___-_-..--_-.___-...__-__.-Secretary
FULTON COUNTY
LOUISE LEAVELL-_.-.-__--.-.__.-_--_.--_._-_Legislative Assistant
DeKALB COUNTY
REBE CCA CAUSEY_______________________Journal Clerk
DOUGLAS COUNTY
ANNDUNCAN_..._____.._-__.______.._.___Calendar Clerk
FULTON COUNTY
HENRY CASTLEMAN__._________.____._...___Doorkeeper
FULTON COUNTY
PRESTON B. LEWIS, JR.____________________._Messenger
BURKE COUNTY
ANN WEBB-_.__-...--___..____--_._.._.-_.__-_--.-_-.-..---_Message Clerk
FULTON COUNTY

Senate Journal 1964
Regular Session

1356

INDEX

PART I ALPHABETICAL INDEX
(For numerical index, see page 1395)
A

Abandonment of Pregnant Wife; misdemeanor, HB 931....404, 409, 478, 802, 1093 Accountancy; State Board of; examinations,
HB 909 ------------...-----_.-.------------------.268, 270, 277, 303, 416, 437 Accountants; certification of, application for,
SB 341 --__-----------------._.------------ 600, 655, 796, 959, 987, 1273, 1350 Acworth, City of; include certain Cobb County territory,
HB 870 -------------------------------------------- 239, 243, 279, 367, 370, 457 Acworth Lake Authority; amend act creating, HB 910.---- 268, 277, 304, 366, 494 Adamson, Terry; of Calhoun High School, commend, SR 205 ..____.._........_. -620
Address; Graham, Dr. Billy----------_,,-------,,--------.-----------.--------------19 Address; Sanders, Governor Carl E..___________._------____------____------____.___...____.... 26 Administrative Procedure Act, Georgia; create,
SB 233 ------------------------...-169, 187, 334, 350, 377, 1168, 1191, 1349 Administrators of Estates; provide legal counsel, HB 980._____--________ 695, 696, 728 Adoption; remove certain grounds for annulment, HB 492--------__-__._--.991 Ad Valorem Tax; exempt certain items of personalty, SR 175------..178, 274, 301 Advertisements, Legal; rates for publishing, HB 900------.382, 388, 414, 480, 492 Advertising, Fraudulent; unlawful to promote, SB 186--..----37, 49, 335, 337, 377 Advertising, Outdoor; control, SB 123..-------------------------783, 1048, 1163 Agricultural Commodities Promotion Act; referendum,
HB 960 ----------..----------_---------------457, 465, 610, 619, 773, 1171 Agricultural Machinery; exempt from sales tax, SB 346------------------643, 705 Agricultural Terms; define, HB 984----------------642, 655, 708, 1018, 1090, 1171 Agriculture; hauling of seasonal products, licenses,
SB 354 _--.._._._.----------------------------__--695, 727, 1016, 1046, 1096 Agriculture and Natural Resources Committee; relative to, SR 211--723, 790, 1340 Aid to Dependent Children, SB 3----------------199, 225, 265, 270, 768, 991, 1162 Aid to Totally and Permanently Disabled; eligibility,
HB 732 .--.-------_---._--------------.158, 170, 188, 333, 1146, 1274 Airport Premises; Fulton County, businesses upon, HB 912 .-405, 408, 478, 1174 Alapaha Judicial Circuit; terms of court, HB 873._____269, 275, 302, 481, 952 Albany City Court; redefine jurisdiction, HB 1087----..._691, 697, 729, 1114, 1123 Albany, City of; assess cost of server lines, HB 1042 ...,-----450, 469, 613, 661, 679 Albany, City of; convey certain property, HB 695 --------------43, 46, 55, 66, 68 Albany, City of; corporate limits, HB 1043...--------------------452, 469, 613, 679 Albany Stadium Authority; amend act creating, HB 693-----.43, 46, 55, 66, 67 Albany and Dougherty County Schools; merge, HB 694 ..--...........43, 46, 55, 66, 68 Alcoholic Beverage Laws; create committee to study, SR 223 -.__------,,...._-1120 Alcoholic Beverages; Coffee County, HB 907.--------...........598, 603, 657, 663, 807 Alcoholic Beverages; conviction for possession of non tax paid
alcohol, SB 240 --------------_----.........--...... --------...... 200, 224, 662, 981, 987 Alcoholic Beverages; confiscated sugar to be donated
to schools, SB 320 --------...... ------ ........._._....-..._._..407, 477, 948, 987, 1275, 1350 Alcoholic Beverages; distribution of liquor tax, SR 160..--------.----------- 184, 202 Alcoholic Beverages; Fulton County,
HB 1147---684, 715, 737, 768, 777, 954, 1149, 1150, 1169, 1170, 1336, 1340 Alcoholic Beverages; furnish conficated sugar to schools,
SB 199 ----_.-.------.--_----.--_.--------.____----------53, 65, 204, 227, 265

INDEX

1357

Alcoholic Beverages; license for sale of, certain counties, SB 333 ______ --------------------------------------_.--461, 607, 663, 680, 681
Alcoholic Beverages; municipalities enact ordinances, HB 670 _-------------------_------------------216, 220, 247, 1020, 1208
Alcoholic Beverages, prohibit advertisement of, SB 259--------------...271, 299, 662 Alcoholic Beverages; prohibit sale of within 500 yards of
churches or schools, SB 174--------------_----..----------------------------------.10 Alcoholic Beverages; prohibit consumption on publicly
owned property, SB 336 ,,----..------.--------------.--__----.----------461, 607 Alcoholic Beverages; remove warehousing regulations,
HB 745 ----____----___---------------._----------177, 179, 188, 205, 209 Alcoholic Beverages; second or subsequent conviction, SB 239-__--------200, 224 Alcoholic Beverages; special retail licenses, SB 263----__----------_---------- 272, 300 Alimony; permanent, revise on change in husband's income,
SB 275 .------...------_------------------295, 330, 365, 374, 401, 1166, 1349 Alma, City of; close certain alley, HB 1099------------.638, 650, 711, 800, 815 Alpharetta, City of; corporate limits, SB 329--460, 606, 660, 666, 717, 1321, 1350 Aired, Homer C., compensate, HR 332----------------449, 471, 615, 662, 974, 1210 American Bar Association; extend welcome to regional meeting SR 224..,..----1341 American Bar Association; program against Communism, commend,
SR 225 _.--------------------_---------------------__------------------1341 American Hemerocallis Society; commend Valdosta Chapter, SR 243--------1342 American Legion; commend, SR 186 ----------_--------_--___--___--------------372 Animals, Domestic; unlawful to abandon, HB 746--126, 129, 172, 737, 1130, 1170 Annis, Dr. Edward R.; joint session to hear address SR 138--------13, 25, 36, 60 Antique Automobiles; special license plates, SB 313------------406, 476, 796, 989 Appling County; abolish fee system for certain officers,
HB 1198 ----------------------_------_---------.720, 724, 792, 1017, 1042 Appling, Luke; congratulate on being voted into Baseball Hall
of Fame, SR 220 --------_--.----_--------._-------------.------------------1119
Appointments: Abbott, Honorable James C------.--_.__------..------------------_--------_.----1304 Adams, Honorable Charles.--.--_--------------------------------------1289 Addy, Honorable Gene----_....__...._----------___._------_------.__.... .1296 Aderhold, Dr. O. C.----------------__.__------------------------1298, 1305 Alien, Honorable Charles William___._.___--------------------__....----1307 Alien, Honorable Marion.----------------------------____----------.._...1291 Andrews, Mrs. Neil--------.----____--.__.__------------__--------1292 Anthony, Mrs. James D.__._------..._._..__------..._.----------------...1289 Arnall, Honorable Alvan Slemons----------------_____...____.----...--....1307 Baggett, Reverend Robert......_..___------------------___.------.-.----.....1303 Bailey, Honorable Martin--.--------_.........._..........__......----------__----.__--.,,_ 1293 Bain, Dr. James A. ..____.______--.___.__._------__.__..........__-1305 Bankson, Honorable John.------__._........._._.......------------_--__--.--_1296 Bazemore, Honorable George....____.._..__.._--------_----..._--------1294 Bazemore, Honorable Wright.._.....__----__----...------------..--_--....__1302 Belger, Mrs. James------...__------------_------.------_..--------_.----..1302 Bellinger, Dr. Frederick------_--------...--------_--------------------.------1304 Bentley, Honorable Upshaw--------_..__._----_.._------------------1291 Bishop, Honorable Julius------------------_--.._.----_.__--_----_--.--1294 Blackmon, Honorable John A.------_--------------..--_--.------._----...--1287 Bloom, Dr. Walter L._-----__..____..............__------.....----------......1297 Boehm, Dr. T. S.......--...--......_____.______..__..._...__.............._..1306 Bonaventure, Sister Mary..._....._._..----.......--_.____._.------_.----_.1308 Bond, Mrs. W. P.--_.........__....__.______.____.----------------.1289

1358

INDEX

Bowdoin, Honorable William R.____________________________________________________.__.__1290 Bowen, Mrs. W. A.-__-______._______.__._____._______________________.__.__1303 Boyd, Dr. James E.____________._______________________________..1299, 1305 Branch, Honorable Harlee, Jr.._..______.___,,_______.________.----1298 Brannen, Honorable Lawton..________________________.____________1303 Broome, Honorable Hugh D..____________________________----.___.___----. 1292 Buckner, Honorable W. Ernest__--.___.__-_.__--______-_____-____.-_1311 Bunch, Honorable Paul E.__________________________________________._____.. 1306 Burnes, Honorable N. N., Jr..____________________________________,,__1293 Caldwell, Dr. Harmon W.__._______________________________..1299, 1308 Campbell, Honorable Phil.._..._._______________.____,,_______..___..1300 Cannon, Honorable R. E.________...._....__..__________..__-___.__1296 Carlton, Honorable Milton .......__.__________________________________1298 Carmichael, Honorable James V.--.........................__.._,,____________1294, 1297 Channell, Honorable George Wesley--___--_--__--__--_--_---__---_--_--_--1306 Cheatham, Honorable Frank________________________.........___________1295 Clary, Honorable W. C..___________._.._____,,_____..___,,___-___.....1303 Cleveland, Honorable Ralph......_________________________________1294 Conway, Honorable H. McKinley, Jr.__________________________-1297, 1305 Cooper, Honorable Lew R.______________.........,,__,,,,_._____________________.1296 Cowan, Honorable Charles ___________________________________________________ 1289 Cox, Honorable Mose E. ._._______,,_.________._._______._.___. _._______________1291 Coyle, Honorable James F.____________________________1288 Craig, Honorable Preston S.__._______-____.__.......___..__.._1305 Crane, Honorable Samuel T.______._.._...___...........______________1300 Crockett, Honorable James.----______.__.._.__..____________.______1293 Davis, Honorable Ernest B.___._____________ _______......_____...1309 Davis, Dr. Evan P...........--..............___________________________1300 Deal, Honorable Albert M._.____________..__._______________1296 Dickens, Honorable G. L. Jr._.........______________________________1309, 1311
Dickey, Honorable Garland......_.____.___.___.....___._._______1302
Dixon, Dr. P. K......________.____...._____.___..___.._____...1292
DuBose, Honorable Beverly M., Jr....__________.__..____..______..1290
Duncan, Honorable Clarke W._____________________________1293 Dunlap, Honorable James A......______.__...._._...__....____1296, 1308 Edenfield, Honorable H. C--._______________.________________.1306 Edwards, Honorable E. Earl._.___.....____.._________........__.___...1309 Erickson, Miss Viva.._.________.___________________..--...1302 Evans, Honorable Alfred, Jr..._____________.....__...._______...1307 Evans, Honorable Foy.____________.__........_______._____........1310 Fanning, Honorable J. W.----_~_________________________--1305 Feldman, Honorable A. L--.......______________________________._____1298 Ford, Mrs. Margaret.._............______________________.___1308 Fordham, Honorable Wiley...___._________.__......._____._...1287 Folger, Honorable John D. M--...--_________________.....______....1296 Franklin, Honorable Omer......._______._____.___________....1295 Funderburke, Dr. Aldevin G...__...______.______________----1292 Gettys, Mrs. Carolyn___________________._________......1291 Galis, Honorable Tony.__,,_,..._______________._________-1292 Gardner, Honorable Sam, Jr.____.__..____.______.________1295 Garrett, Mrs. Rebecca L..________.___.___._____________1311 Gayner, Honorable E. J. _..__.....__________.______._._______....1292 George, Honorable Elmer..--_-_____--_-- .--,,----___--_..__--__.________1302 Gilmer, Honorable Ben S.__________-_________________.__1297, 1305 Gingell, Honorable George A.._......_____-_____.___,,______.......1310

INDEX

1359

Godwin, Dr. John TV..----------....------------_--------__......___..___.1297 Goff, Honorable Jim_________________.__...._.....____,,________.___..1301 Grayson, Honorable William L.--....__....._........._.__...._._._.____..1287 Green, Honorable T. E., Jr..................__----..------------.__..._____..1294 Greene, Honorable James T......._.___________________...__....._............1311 Greenway, Honorable Carlos, Jr.-_------.----_.._.__--....._.___..1287 Grice, General L. O._--------..----_____.____.______....__......_..1289 Gunter, Honorable William B,_._......._____________._______1295 Harbin, Mrs. Lester_______.._....__....____.________.___.___.1287 Harden, Honorable Willis N._-..._..--__.____--...._._.__._____..1293 Harris, Honorable Rufus C._..~_._............_....____...___.___._.....1308 Harris, Honorable W. Clair...----._.__.._._.....____._______.._..1290 Harrison, Honorable Clark______...___________________......1294 Harrison, Honorable E. D......._...____________________.___...1298 Harrison, Dr. W. B.------..__..__._____._____..___.__._--1299 Harvey, Hon. Doyle L..._......._._._._________..___.____________.1287 Hearn, Honorable George 3., Ill________________._.__............1307 Henderson, Honorable Billy..........._____.__.______._____..__.....1301 Henry, Honorable Waights G., Jr............___________._.__._._..__1308 Henson, Honorable Kenneth__.__..__.,,....._..__.--._.__.__-._.._._---._.__......1295 Hewlett, Honorable Sam, Jr..__..____.___._____________._...1295 Hightower, Honorable Julian T...__-__....__........___.___._...............1291 Hillyer, Honorable H. HanselL......._._..-__.______________..1290 Hines, Honorable John R..._____._.______________--...----.- 1293 Hobgood, Honorable Frank.__._________._________._._--..-1304 Hodges, Honorable Allan T........___.......___....___._....._.__.___.....__..1307 Hollis, Honorable David K., Jr.__..______...._........___._....__....1309 Hollis, Honorable Howell ............____......____________--------1302 Holmes, Honorable David_________.__._______________.1288 Hunnicutt, Honorable Oliver....___.__.____...._________....__-..1301 Hunt, Mrs. Lowry W.-_._...________.-____._._.__...._._..____-1289 Jackson, Honorable Harry.--.__------__'._______------___.__--------.1305 Jackson, Honorable W. M....._.__.______......___.....__.:......._.......1311 Johnson, Honorable Albert Sidney ___.____._________.___......1307 Johnson, Honorable Ben P.__..._____..__--...__._~_.___------1310 Johnson, Honorable Benjamin L.__._.__.___...__.___....___.__--------1387 Johnson, Honorable Coy R.___.__._.___.__........_.._.._._____..1307 Johnson, Honorable French_.__________________.____..__..1301 Johnston, Mrs. Cicero.--------_._.____._____..____.._----__--...----1302 Jones, Dr. W. B., Jr.____.._._________..______.__----..____.___1304 Jones, Honorable Alfred W. _____.._.__...__...--___.____.___.1290 Jones, Honorable C. A...----..._____.____________.____..__...1292 Kaler, Honorable Irving K.__________._________............._....1287 Keith, Honorable Dwight.__.___...__.___________.._._._....1302
Kelly, Honorable Ed___________________________._.__..1289
Kennedy, Honorable J. Cliff, Sr.________._____....._.__..._........1290
Kibler, Mrs. Forrest E._.____________.________.___..__...1288
Kilpatrick, Honorable Kenneth____._._--..--.------..--_...._......._..--1311
Kimsey, Honorable Cliff, Jr._________.____.__.........___.......--.1310 King, Honorable Charles....__..________.__._._._.__.______.._1291 King, Dr. George--..--------____.______._.__._._.___________1299 Lane, Honorable Joe T.........._..._.____._.._...___._....___._....1293 Lane, Honorable Mills B., Jr.......__..____...--_.______._....._._.....1306 Lane, Honorable Richard G.________..--_.___-________--1301 Langdale, Honorable John....._.....------_____._..__~_.._--_.______._1310

1360

INDEX

Lanoue, Honorable Freddy----.----------------------------------..._...__._. 1302 Lasater, Honorable John A.--------------------------------___.--------1287 Lee, Honorable Paul W..----------------------..--------------.----1290 LeMay, Honorable Otis B., Jr. __-_-__________________--__.________.__.-.------------------_ 1286 Lester, Dr. Charles.--------------------_--------...---------- 1299 Letson, Dr. John ------__------_.___________________--------------------__..--_______1298 Letton, Dr. A. H.___----_----------------___.----------.___------------____ 1297 Levison, Honorable Jarvin S..----------------------------_--------__--.____._1309 Magill, Honorable Dan_-,,___ _.,,--------_--_----__--------_---- 1302 Marshburn, Honorable Robert J.------_--------------------------..------_ 1290 Mathews, Honorable Elden.------_----------------------------____________ 1288 Matthews, Honorable Chappelle----------------------------------------1298 May, Honorable Thomas R. ---------------------------__------------1297 Mays, Dr. Benjamin---------_-_--------------.----______.._--__._------. 1308 Melton, Honorable Quimby, Jr.--_------____----------------_------1298 Meyer, Honorable Sylvan.------_------------_----,,------_____._.._----1295 Mobley, Honorable Carlton.----__----_----.----------------_____----------1309 Moore, Honorable Cleon~~------_____----------------_.___------__..1303 Morrow, Honorable Elmer..--_____________________--------______._______------1301 Morse, Honorable Allyn J. ----...--------------------___._-.._...._,, 1294 Moselry, Dr. Hubert D. ----------------------------.------------...........--__ 1300 Murray, Dr. C. C. _ ....------ _--------_-___----_----------------------1299 McCarty, Honorable Ottley..------____.----.__.._.__________________--------------___ 1299 McClurkin, Honorable L. C.----------------------------------------.--.1292 McCurdy, Honorable Julius A.-------____--.----_--.___________-___------------..----1306 McCutchen, Honorable P. T--.______----__..__-_._____----_ 1309 McCutchen, Honorable P. T., Sr._.______...__.__----------.1291, 1309 McDonald, Honorable Arnold------------------------------------__----------1310 McDonough, Honorable John J._----------_._------------------------------_. 1296 Mclntire, Honorable Pope B.....__------------------.______-----.--------------1310 McRorie, Dr. Robert A..------------__------_______----------__________ 1299 Neely, Honorable Frank H. .____------------__-_________..____----------------------__ 1296 Nichols, Dr. W. H._--------____------ ------_----------------------_______________ 1296 Nunnery, Dr. M. E........----____------------------------------------------------1306 O'Neal, Honorable John B.____.--------,,----------------------_._,,____1290 O'Rear, Dr. Harris B.--------__.___--------___.----------_____----------._1297 Pafford, Honorable W. E..--------------------.----------------------__.------1287
Palmer, Honorable J. C., Jr.----------------------------------_______---1303
Parkerson, Honorable John_----_.._----.----_--------------_......_........_____1293
Parsons, Mrs. Henry...----_--_--_..----..._.______----_------------1288
Paschal, Honorable Harvey....._____..------...------------------------------. ...1288 Paulk, Dr. George C., Jr.----------_____-----------------_---_--------------1288
Pearson, Honorable H. C. _.__.___-..--_._...----------_~____------1300 Persons, Honorable Henry P., Jr.___--_..------------_...._--------..._----1311 Perry, Honorable Charles C.----------------------___------------__----1303 Pickren, Honorable Verne_----..._._.__..___------------------------___--.1304 Pilcher, Honorable Charles C..._____._.._..------------------..------.------1291 Pinholster, Honorable Garland F--_..__..____._.._--------.--------1300 Pope, Judge Iree............__------....._._....._....----_.________--------1310 Pruitt, Honorable Carl E.... ----......--_..__.------.--...------------_________1309 Pryor, Dr. Carol Graham___.____.....____..----_.--.__----------------1289 Pulver, Honorable Richard.__._.__----__....----..--....------____--.--1305 Purcell, Dr. Claude.----------.------------------------------_------______.1298 Quattlebaum, Dr. Julian K----...__------._------.--------.----_------_.._1292 Rainwater, Honorable P. B. ,,_-,,_.--_------..--------------------------------1307

INDEX

1361

Rambo, Honorable Olin 0.--------------------...--------------------------..........1307 Richardson, Honorable Robert R..__----------------------_--------------.--------.1295 Riddle, Dr. John T..--.._._...----------__.__--._.------..........----------------1306 Roberts, Honorable W. T..__.___----._.----------.----------.----------. 11294 Robinson, Honorable Glen P., Jr.------------------------_.--------------._1304 Rushton, Honorable Luke L., Sr..__--__--_----.----...__...,,.....__.._...__1304 Russell, Mrs. G. Lamar----....._---------_--_._.----._._.--------.----_.--..1288 Samples, Honorable Ferrell--------------_----------------------------.....1306 Sancken, Honorable George A--.----...----,,----------.------.------------.___..1293 Schaefer, Dr. W. Bruce.------------------_.__..----____.------_----___.----1297 Scheer, Honorable George----.._----__--_._--_--..----------------.1292 Schloth, Honorable William J.____.--._....._...____.....-...------.......----...1291 Schmidt, Honorable Stephen----_--------...._..------.-------._.........--------..--...1301 Sellers, Honorable Tom......--.----.------__--_------_--........._....----......1289 Shannon, Honorable Edward H.------------------------.----_._....._.__......__....--,,. 1300 Shepard, Dr. Duncan.__...--_.___--------_----------_----.--.......----.___.--1306 Shirley, Honorable D. Thomas..------.--._----------_--------------------1303 Sibley, Honorable John A----------_----_._..--.------.--.------..--_..----1308 Simmons, Honorable Roy L., Jr.._.----...._._--..._,,_._.__.._----..._--1289 Simmons, Honorable William P.------....._.------.----._..----------...--...1290 Smith, Honorable C. Jay.------------------------_.--....--------------._.__.1294 Smith, Honorable Oscar M------.------------_..--------------------..------1295 Smith, Mrs. Weldon_.------------_--.--------------___--------_..--..--1292 Spivey, Honorable John_______.____.__----.--------..--...------...1294 Stanley, Honorable Hiram.._.....__._..._------.._--------------_._..--1310 Statham, Miss Lois.----....__._._______--._._--------_..----------.----___1308 Stewart, Honorable J. A--_--_._.._----------------..------------------_....._ 1296 Stiemke, Honorable Robert E._----....._._-..._...--------------------.--_._..._. 1299 Stone, Honorable Herbert K----_----------------..._------------..----------1303 Stone, Honorable J. W.~----_~--------____.._.--------------...--------. 1303 Strickland, Honorable Lloyd--_.---..._.---...--..----------------------. 1311 Struby, Honorable Bert--------____----___--__----------------------1288 Suttles, Dr. William M--------------._._----___.__....----------._--........ 1299 Button, Dr. Frank--------------_..._.._._.----------------_----------------......1299 Sutton, Dr. J. Frank--.__--____-__------------------_..----.--.--------1304 Sutton, Honorable W. A.------------------------------------------------1300
Sutton, Honorable William A...--------------------.--------------------. 1310
Taylor, Dr. T. Earl........-.--..--_...._..-_----_----------__.--------------1311
Taylor, Mrs. Mamie K..._............__________..._----------------------_.......1288
Thrailkill, Honorable Tom.............._--_._._._--------------------------.--1301 Tiller, Honorable William R.._. .....--....._.._..._...--.... .------------.--.....1304 Toombs, Mrs. Henry..------------__-__--------------__...----------------...1291 Towson, Honorable William M.--__._____-_-____.--------------------1295 Trawick, Dr. William G..------__-____.--------.--------------------.1305 Treado, Mrs. Charles-.--.------.------_____--_.----------------------1308 Trice, Honorable Reginald_..--------------._,,------------------.--------1293 Trimble, Dr. Hoyt B.----_------__-___-----____.--------------------1300 Tucker, Honorable Reeder----_._._______.......-......_._------------------1307 Vance, Honorable Zeb--___._--_-____--------------------------------1301 Venable, Dr. John H----___.___------.----------------_------------1297 Waggoner, Dr. William H----__..._..--------...___-_.------------.------1304 Walker, Honorable Harold M.----____-__----_----------------------1310 Walker, Mrs. C. Robert.----------__----.--__--------.._.--------------------1288 Ward, Honorable Harold.------_._----_-------------------------------1309 Ward, Honorable Paul E._._--------_.____------------------------------1289

1362

INDEX

Watkins, Honorable Marvin T._--.--_--_--__.___--_____----------_________,,_______-- 1292 Webb, Dr. Henry D.--__.__--_----... __.--_-----------_----_..______ 1300 Webb, Mrs. Jones.--------------------------------_----_--.----....--_----.. 1292 White, Honorable Robert H----------...----_----------------_.-------- __ 1293 Whittle, Honorable Joseph A..--------------------__------_----_----._----.1295 Williams, Honorable A. L--------._____--_--_._....._._.__...._.___.1301 Williford, Honorable John W._-------_-._--------_--------------_-....1295 Wilson, Honorable Ohlen R.------.....__...__.___--------_----..----.--._1300 Winn, Honorable Dan P.--------------------__.____...___._.------------ 1309 Wittenberg, Honorable Morton_____...----..___--------._------..--_..1302 Wood, Honorable Charles.----__..______._____..__--.._.__--------1287 Wood, Honorable James Horace.........._....._._____._,,__.,,.._--------1306 Woodruff, Honorable J. W., Jr.___--------_.___..__.______._.__.1308 Youmans, Honorable Rountree.----...._..___--__----._...----------,,......1303 Zimmerman, Dr. W. F.......-----..----..--.--._..._.__----.----.-...-.-......1288 Appropriations for State Agencies; supplement, HB 950 --....__.._.----.----_----__.------.___452, 465, 609, 738, 794, 945
Appropriations for State Agencies, amend regarding Federal funds, HB 937 --------------------._----------------.--.994, 1001, 1111, 1113, 1215
Area Redevelopment Finance Administrator; create, HB 340.--------15, 281, 290 Art Commission, Georgia; composition of,
HB 1076 --_-_..--_----_----------------___-..--781, 785, 1011, 1173, 1225, 1276
Artificial Insemination; legitimate children, HB 697--782, 786, 1012, 1019, 1131 Assault and Battery; children under age 14, SB 284--------------------..327, 363 Assault and Battery; physician report injuries of child under 14,
SB 301 .----.__----_.----------..--------__.__----_._------------------383, 4101 Assessments; collection of for street improvements, SB 226.--..------ ...... 168, 186 Athens, City of; convey certain property, HB 739------...... 61, 65, 109, 135, 137 Athens, City of; recorder's salary, HB 1095-..------.------636, 649, 711, 799, 814 Atkinson County; tax commissioner's compensation,
HB 754 . __ ...__._.-...___--------------..----------.103, 106, 133, 204, 207 Atlanta--Buckhead Red Devils Football Team; commend, SR 209----.-------- 620 Atlanta, City of; administrative assistant to mayor, duties,
HB 706 --___.__..--------------.----------__--------.__452, 464, 608, 660, 668 Atlanta, City of; board of education to employ
counsel, SB 185 .--------.___--..--------..37, 49, 110, 136, 178, 599, 624, 1097 Atlanta, City of; Civil Service System, HB 1038--------..453, 469, 613, 661, 678 Atlanta, City of; disposal of water works surplus
property, HB 704___._____._...__..__...........636, 644, 706, 799, 807 Atlanta, City of; employees' pensions, beneficiaries,
HB 1141 __._...------.____.----------------------997, 1010, 1111, 1172, 1182 Atlanta, City of; fire department pensions, HB 707------.450, 464, 609, 660, 668
Atlanta, City of; improvements at Grant Park Zoo, HB 1057 --..------..--------..-..----..--..--------994, 1001, 1111, 1173, 1177, 1278
Atlanta, City of; pensions for employees, HB 1122.____.----------721, 723, 791 Atlanta City of; pensions for officers and employees,
HB 1034 --------..------__.______---..._------997, 1009, 1111, 1172, 1182 Atlanta, City of; pensions for officers and employees,
HB 1037 ________.___._______-----___689, 696, 728, 799, 810 Atlanta, City of; personnel board, HB 1041--_______453, 469, 613, 661, 679 Atlanta, City of; police department pensions, HB 708.__454, 464, 609, 660, 668 Atlanta, City of; police department pensions, HB 709----453, 464, 609, 660, 669 Atlanta, City of; public accommodations, SB 291----__._...----.._....___.329, 364 Atlanta, City of; vacancies on board of aldermen,
SB 278 _____.___________296, 330, 366, 485, 628, 1225, 1319, 1349

INDEX

1363

Atlanta-DeKalb Industrial Park, Inc.; land conveyance, HE 453 _.__----.----------------.--._----__------ 782, 786, 1014, 1114, 1120
Atlanta-Pulton-DeKalb; provide additional voting precincts, HE 509 ------.----.--__._----------__----------------------693, 705, 735, 845
Atlanta Police Force; express appreciation to, SE 234-..-.-..--..----------.1213, 1341 Atlanta Region Metropolitan Planning Commission; meetings, SR 213------1119 Auditors' Reports; filing of exceptions, SB 178--22, 40, 110, 119, 156, 1273, 1348 Augusta, City of; convey easement, HE 484 ---------- 783, 786, 1014, 1016, 1121 Augusta, City of; polling places, HB 1173----------689, 700, 731, 801, 829 Augusta, City of; water system, HB 1184-..------------691, 701, 732, 801, 830 Austell, City of; corporate limits, SB 286--.328, 364, 798, 802, 987, 1101, 1349 Austell, City of; issue revenue bonds, SR 192--385, 412, 482, 512, 629, 1167, 1351 Automobile Liability; owner responsible, SB 285-.------.._..------...___....328, 363, 417 Automobile License Tags; appearance of plates, SB 261--..------.--...-.. ---.272, 299 Automobile License Tags; inscription of plates, SB 260----. ------ . --. 271, 299 Automobile License Tags; permanent plates, SB 201-------------- 62, 106, 656 Automobile License Tags; special tags for National
Guard members, SB 264-..-..--...--._---_..._.--------------------..--272, 300 Automobiles; equip with safety belts, HB 725-------------103, 105, 133, 188, 193

B
Bad Checks; issuance of, SB 269--------.----------.----..... -- --.-. 273, 300 Bail; amend act relating to granting, HB 962..------------. ----778, 788, 1015, 1174 Baker County; sheriff's salary, HB 1096-------------------..--691, 729, 799, 814 Baldwin County; off-street parking areas,
HR 440 ------------_----------__..------456, 473, 474, 616, 617, 736, 851, 1101 Baldwin County; off-street parking areas, HR 447..----...----.455, 736, 872, 1102 Baldwin County; streets and sidewalks, SR 142........... 38, 50, 189, 255, 994, 1351 Bank Charters; applications for, SB 71--_----------_.------_.........._.-.. 1320, 1348 Bank Charters; applications for, amount of capital stock,
HB 787 ...-._......----..,----------..____----....----..--...216, 220, 247, 416, 436 Bank Examiners; pension fund, provide for, HB 1054 ....----..... 1000, 1009, 1111 Banking; amend laws concerning private banks, SB 277--------.-.--...... _.._ 296, 330 Banking; selling and issuance of checks, drafts and money orders,
SB 200 ..--------------..------53, 65, 280, 286, 321, 599, 761, 774, 982, 991, 1097 Banks, E. W.; compensate, HR 79--------------------448, 470, 614, 662, 964, 1210 Banks; expenditure of borrowed money,
HB 786 _--------__...--------._--__-------__....241, 244, 280, 417, 716, 1133 Banks, O. H. Bridge; designate, HR 386------------------_ 294, 298, 333, 417, 439 Bar Examination, State; provide for, HB 885--.-..--.-------.633, 645, 707, 1174 Barrow County; levy tax to promote industry,
SR 180 ---.--------------------------.----329, 365, 482, 504, 628, 774, 1167, 1351 Bartow County; hours for holding elections, HB 983--------381, 388, 414, 480, 499 Bell, Miss Beverly; commend, HR 315..----------.__._----.------------------.17, 18 Bennett, Honorable W. Tapley, Jr.; commend, HR 554------------------.1318, 1322 Berrien County; additional member board of education,
SR 187 .__-------------------------__----384, 411, 482, 506, 628, 1168, 1204 Bibb County; change division lines senatorial districts,
SB 172 .________..._------------------------.--10, 305, 310, 350, 632, 1348 Bibb County; civil court, create, HB 1199___----.720, 724, 792, 1017, 1040, 1171 Bibb County; Civil Court, use of microfilm equipment,
HB 1200 ________.____._,,___--------------.--720, 724, 792, 1017, 1043 Bibb County; construction, maintenance, roads and bridges,
SB 345 ___.__--------____----------601, 656, 798, 805, 987, 1101, 1350

1364

INDEX

Bibb County; convey certain property, SR 198-462, 608, 735, 952, 988, 1166, 1351 Bibb County; election precincts, HB 1139_----___..____-641, 654, 715, 801, 822
Bibb County; ratify contract between county and railroads, HB 1167 ______________________________.___.____._______.___.___.___..__ 688, 699, 730, 801, 827
Bible, Holy; suspend sales tax, HR 355___________________._..____ 126, 132, 174, 189, 257

Billboards; outdoor advertising, control, SB 123.___._______..______.__.__783, 1048, 1163 Black Rock Mountain State Park; lease certain land,
HR 339 _________________-_______--.._______---_.._____...___.______--295, 297, 332, 619, 1097

Blanket Permits: allow certain motor vehicles to exceed width limit, SB 360 ____..__.__722, 790, 798, 1047, 1096, 1278, 1281, 1322, 1335, 1350
Blind Persons; registry of, compile, HR 495.______-_-996, 1004, 1107, 1174, 1333 Blue Ridge Parkway; extend, HR 454.._____ ___.__._____-693, 702, 733, 1016, 1047

Board of Accounting; examinations, HB 909_____--_._268, 270, 277, 303, 416, 437

Board of Corrections; bear cost of trial for inmate, SB 210 ______._.___________________,_____._127, 170, 190, 191, 214, 1273, 1348

Board of Corrections; no authority county facilities, SB 215 ______-___________________________--_____m, 171, 282, 321, 350, 992, 1349
Board of Corrections; statutory good time allowance,

SB 219 ._.______.._________._____._._____128, 171, 306, 319, 350, 993, 1313, 1349

Board of Education; program for mentally retarded and blind

children, HB 1081 ___________

_ __

___722, 726, 794, 1018, 1094

Board of Examiners; appeals of psychologists, method,

HB 432 ____________._.__________.___._________________355, 361, 394, 481, 625, 1277

Board of Floral Designers; create, SB 268 ----~____________________._273, 300, 619

Board of Pardons & Parole; parole certain misdemeanants, SB 214 ____._______________..__.__.__________127, 170, 282, 316, 350, 991, 1348
Board of Pardons & Paroles; revoke certain paroles, SB 221 _____.._____._______________.___.______.___128, 171, 306, 320, 350, 992, 1349

Board of Pharmacy; revocation of permits, SB 225 _________________________________168, 186, 333, 372, 445, 1273, 1349

Board of Probation; commend, SR 195____________.______.___________.___.___________.621 Board of Regents; expenses attending meetings,
HB 1065 ...____________.__________________.......635, 648, 709, 795, 1093 Board of Registration for Foresters; issue license suitable for
framing, HB 322 .__.________.___-___._____________269, 275, 302, 479, 627, 1171

Board of Registration for Professional Engineers, State; HB 1243 .______________________._________._..____993, 1002, 1112, 1117, 1217

Boards of Education, County; contracts for purchase of transportation equipment, SR 169 __..____._.._...____________...._._.273, 301, 394, 397, 446

Boards of Education, County; corporal punishment policies, HB 1005 _________________________._._____________.634, 646, 708, 795, 1139
Boards of Education; County; method of electing, SR 145 _____39. 50, 109, 257

Boards of Education, County; provide transportation, SB 273 .________________________._________..___.295, 330, 619, 626, 685
Boat Trailers; registration of, HB 894____________,__.293, 298, 331, 416, 436 Boats; amend act concerning operation of, SB 255______242, 278, 306, 320, 350

Bogart, Town of; amend charter, HB 898________.____268, 276, 303, 366, 493 Bonds; sheriff's refusal to accept upon certain conditions,
SB 298 ______________________________________.__357, 390, 415, 446, 593 Boynton, Clyde A; congratulate, SR 221__..__________________________________.1119 Bramblett, Mrs. A. W., Sr.; confirm appointment as poet

laureate, SR 139 _______________________18, 23, 134, 148, 178, 356, 377, 1350 Bribery; redefine offense of, SB 177 _______________18, 23, 281, 335, 377 Brooks County; appointment of school superintendent,

HR 394 ___________________._______________325, 361, 392, 482, 539

INDEX

1365

Brooks County; coroners fees, HB 883 .__------_.._..._...240, 244, 280, 307, 493 Bruce, Mrs. Louise; compensate, HR 370 -..__._..-___..__.993, 1003, 1106, 1276, 1325 Brunswick, City of; amend charter, HB 1154...--..--.690, 700, 732, 801, 841, 1103 Brunswick, City of; levy property tax, HR 470.....__.._--_.._.687, 704, 734, 735, 933 Brunswick, City of; sheriff's salary, HB 1048...__--.__....._._.-454, 470, 613, 799, 810 Brunswick, City of; tax to develop business district,
HR 467 ..__..__----_..__-_-_.______----------------__._.687, 703, 734, 736, 911 Brunswick Judicial Circuit; librarian furnish books to judge,
SR 203 ___----_----_----,,----____-..__._....__..._-.....602, 799, 806, 988, 1166, 1351 Bryan County; compensation of sheriff and clerk of Superior
Court, HB 953 _..______.___--__--_____..----__.._________..___.. 380, 389, 415, 661, 670 Building & Federal Savings & Loan Associations;
fiduciaries may invest funds, HB 795 _____..----___.._.._..... 326, 358, 393, 416, 437 Bulloch County; clerical help for commissioners,
HB 1235 __..__._....__....._.----.--------.__.-----._-------_~.780, 790, 1013, 1114, 1120 Burton, Hon. Joe N. and Hon. Ben W. Portson, Jr.; express
appreciation to, SR 235 ____--.----.--_..__------------------------_..----.._--..- 1341
c

Callaway Gardens; relative to, SR 207 ...___..._._,,----._.--..__..__.__...___--__620, 774 Camden County; provide stabilized tax program,
HR 382 ___.__..._......____.........____------_-_______199, 223, 250, 366, 529 Camden County; tax assessors, HR 477 __--_--_---993, 1003, 1106, 1173, 1231 Camden County Training School; change name,
HR 445 ...___.____._.._______.-._----___...._..___..----.......... 455, 475, 618, 736, 953 Canon, City of; reincorporate, HB 986 ....... ...__...........381, 386, 413, 481, 500, 693 Canton, City of; amend charter, HB 874 ._.___...----._----__ 240, 243, 279, 307, 491 Canton, City of; corporate limits, HB 879.----------._...__.. 240, 243, 279, 307, 493 Canton, City of; divide into wards, HB 878 ----........240, 243, 279, 307, 371, 458 Canton, City of; employ City Manager, HB 877. _................ 240, 243, 279, 307, 492 Carrollton, City of; compensation of counoilmen,
HB 863 --------._--_-._...._--..__._...__......._....----............... 239, 242, 278, 307, 497 Cedartown, City of; primary elections, expense,
SB 303 --------_...___..____..____--__--_.._____..--383, 410, 480, 487, 628, 1212, 1350 Centerville, City of; amend act incorporating,
HB 933 -._.------------___.___...___....__....--._.................._.... 293, 297, 332, 480, 496 Centerville, City of; corporate limits, HB 934 .... 293, 297, 332, 1017, 1023, 1211 Charlton County; consolidate offices of tax receiver and
collector, HB 959 ------------------.__...__....__-..._.._..._._..... 380, 387, 413, 481, 498 Chatham County; athletic functions of public schools, SR 168 .. ...... .... 273, 301 Chatham County; clerk of Superior Court, compensation,
HB 822 ----.----.__.._----.----------..._----------.----------._..181, 185, 203, 307, 487 Chatham County; coroner's compensation, HB 825........... 182, 186, 203, 307, 490 Chatham County; eliminate duties of certain officers,
HR 502 ___...._____.___..._--------------------_._------------_ 995, 1005, 1107, 1117, 1252 Chatham County; establish fire and sewerage districts,
HR 365 ...._.----------------------------__----_ ....................... 198, 223, 249, 482, 521 Chatham County; ordinary's compensation,
HB 842 .._._....___...__....___.....__...___...-._-..._....----..-_............_. 196, 221, 248, 307, 489 Chatham County; widen U. S. Highway 17,
SR 154 .----------.--------__.._...... 105, 133, 304, 305, 350 Chattooga County; audit of certain officials,
HB 711 -_----------.----_--------.._.__----------.-.. ....44, 47, 56, 799, 836, 1104 Chattooga County; board of education, funds, HR 465 ....... 687, 703, 733, 736, 910

1366

INDEX

Chattooga County; commissioner's compensation, HB 16 _.----.._.,,._ 799, 835, 1104 Chattooga County; ordinary's salary, HB 12 ..............._..._.._...... . _.... 799, 832, 1104 Chattooga County; sheriff's salary, HB 15 ................... ._._......_.._..._... 799, 834, 1104 Chattooga County; superior court clerk, salary, HB 11 __...... ........ 799, 831, 1104 Chattooga County; tax collector's salary, HB 13--....-- ---.--------799, 833, 1104

Chattooga County; tax receiver's salary, HB 14 ..._...___..-__............ 799, 834, 1104

Chief Drug Inspector; grant certain police powers, HB 850 __..-- ._.._... .......... _..-___--..-...- 405, 408, 477, 798, 1092

Children; by artificial insemination, legitimate, HB 697 -.-...- ....-.------.__-_.-_.--782, 786, 1012, 1019, 1131

Children; under age of 14, assault and battery upon, SB 284 _...__.____....._.._._ 327, 363 Children; under age of 14, physician report injuries by assault
and battery, SB 301 -..__..-_-__.-__..__-..__...-.__...._-..___..__.._.....___.__-_-__._._._.._.383, 410

Children, Delinquent; contributing to, HB 645.,,------__--__...__._____ 456, 463, 608 Children and Youth Act; Governor to appoint judges to
board, HB 802 ______.___....___.__-___-__-_-..--_----_.__----198, 220, 247, 365, 378 Cigars and Cigarettes; increase tax upon,
HB 740 _-__-_-_---__-.--_.-_-_____._------.--158, 169, 187, 205, 210, 216

Claims; joinder of, action, HB 1206.--. . ... ..--780, 789, 1013, 1019, 1148 Claims Advisory Board; prohibit fees and gifts,
SB 353 ._....___.___------____--_.......--------.644, 706, 795, 1045, 1096 Clarke, C. W.; compensate, HR 80 ..----._....... _----.448, 471, 614, 662, 966, 1210

Clarke County; election of board of education, HR 498----..-- ..- 996, 1005, 1107 Clarke County; jurisdiction of magistrate's court, HB 1170--..-688, 731, 801, 828 Classification of Inventories; ad valorem tax, SR 141----------.--. . 23, 40, 366

Clayton County; civil and criminal courts, create, HB 760... 103, 106, 133, 135, 175 Clayton County; no road contracts with municipalities,
HB 811 .._______.-- .._.,. ........ ___._.___-.----_._.181, 184, 202, 251, 253

Clegg, Dr. Charles R.; express regrets at passing, SR 236._._-,,._........... 1342

Cleveland, Oley F.; compensate, HR 127..------------448, 471, 614, 662, 967, 1210 Clinch County; compensate, HR 377...------..-------..448, 472, 615, 662, 976, 1211

Clinch County Development Authority; create, HR 430 .....__ 382, 386, 412, 482, 569

Cobb County; advertisement of zoning plans, HB 1117...__ 639, 651, 713, 1172, 1182 Cobb County; board of commissioners, create, SB 125--_._----------...._. 22, 24, 51 Cobb County; business licenses, HR 197-.-.--...-----.--------------.- 619, 746, 1102

Cobb County; Civil Service Commission, HB 659 ..._._..__-_.._.._._.366, 368, 600, 774, 991, 1001, 1045, 1069, 1169

Cobb County; commissioners, HB 1229 ..----------.-.-..780, 784, 1010, 1114, 1125 Cobb County; create civil and criminal courts HB 658------.... 197, 219, 247, 307 Cobb County; create office of medical examiner,

SR 200 -....----.-__------..._....___----.....463, 608, 735, 744, 774, 1168, 1351

Cobb County; garbage collection, HR 437 ...._,...__........__ 456, 473, 474, 616, 736, 846

Cobb County; incinerators, HR 472 ..._._......

686, 704, 734, 735, 937

Cobb County; nominees receive majority vote, HB 1118 ... 639, 652, 713, 800, 819

Cobb County; primaries, HB 1115 .......___..___.----______...__._. 639, 651, 712, 800, 818 Cobb County; zoning and planning commission,
HR 438 _..._................_._............456, 473, 474, 616, 617, 736, 848

Coffee County; Alcoholic Beverage Tax Act;

amend, HB 907 .___..--.....__......,,._..._....598, 603, 657, 663, 807

College Park, City of; amend charter, corporate

limits, SB 334 _..,,_.._.___._----______._ . _

..461, 660, 666, 717, 1320, 1350

College Park, City of; amend charter, SB 289-328, 364, 480, 486, 628, 1320, 1349

College Park, City of; candidates for mayor and councilmen, SB 189 .__..------__.._....----_--__..-.38, 49, 110, 134, 136, 178, 642, 1348

College Park, City of; paving of streets, SB 188------_----38, 49, 110, 136, 178

INDEX

1367

Coiling, Mr. and Mrs. James; compensate, HE 149.__......994, 1002, 1112, 1277, 1323

Colored Taxpayers; certain statistical information, SB 343 _------_--...... 601, 656 Colored Taxpayers; certain statistical information, SB 344.____.------...... 601, 656

Colquitt County; election of board of education, HE 434 __ 382, 386, 413, 483, 576 Colquitt County; hospitalization insurance, HE 520.---------------- 999, 1006, 1108 Columbus, City of; Department of Health, HB 1260- 998, 1007, 1109, 1173, 1187

Columbus, City of; mayor's salary, HB 1230----779, 784, 1010, 1117, 1126, 1173 Columbus, City of; title to City streets, HB 1018 ___.------. 451, 467, 611, 661, 675

Commerce, City of; board of education, SB 352 _____-_------------__---------- 644, 706, 798, 807, 987, 1270, 1391, 1350

Commercial Code, Uniform; amend, SB 272 .----------__- 295, 329, 365, 396, 445

Commercial Code, Uniform; negotiability of a security, HB 797 ---------__---_----_----__- --------------.327, 362, 393, 415, 441, 600

Commission, Constitution Eevision, HE 344 ---------- 993, 1003, 1106, 1173, 1332

Commission on Honesty in State Government; create, SR 191 ... _. .... 385, 412 Commission on Local Government; create, SB 253....--------.....--..-- -----.--241, 278 Commission to Study State Properties; create,
HB 1030 ---------------- 642, 655, 709, 1016, 1075, 1113, 1127, 1169, 1223, 1224

Commissioner of Labor; collect certain tax under Employment Security Law, HB 939---------------- 598, 603, 658, 797, 1140

Committee, Agriculture and Natural Resources; relative to, SR 211 ---- ...__--------._.---- --__------_-------723, 790, 1340
Committee, on Economy, Reorganization and Efficiency in

Government; amend, SR 152 ------------.---- 105, 132, 134, 176, 178, 1320, 1351 Committee to study alcoholic beverage laws, SR 223 ...._._.....__._.___---------..--...-... 1120

Committee to study the traffic safety; create, SR 202 --_----_-----_-_--__----------------601, 795, 1046, 1096, 1211, 1223, 1351

Committee to study work release plans in other states; create, SR 157.----_------.-----------_------------------...------------129, 172, 1206

Committee, Tax Study; create, SR 219------------.. . . . .. 1002, 1113, 1173

Committee to study industrial safety; HE 397------ ._...... 722, 727, 794, 1016, 1073

Committee to study school bus transportation,

HE 459 --_-----....------..------------------. 995, 1003, 1112, 1117, 1174, 1332

Committee to study teacher tenure, create, SE 245 ......__..,,

1342

Common Agency Funds; rights of participants, HB 809 326, 359, 392, 415, 440

Communication Systems; interference with property of, HB 1150 ... .. --__----------------------778, 790, 1013, 1116, 1227, 1276

Confiscated sugar; illegal liquor operations, furnish to schools,

SB 199 . _--------

...__-__------------------------.53, 65, 204, 227, 265

Congress, Eequest to; relative to reclaiming of lost land, SR 193 .----......-- 417

Congressional Delegation; commend on stand against Civil Rights Bill, HR 436----.------------------------.----.--325, 372

Congressional Districts; composition of, SB 251----------.------------....-218, 246 Congressional Districts; designate composition of, SB 276----. 295, 330, 362, 366,
483, 579, 594, 628, 1105, 1137, 1149, 1157, 1343, 1344, 1345, 1348, 1349

Congressional Districts; designate counties, SB 222--------------------129, 171 Conner, Colonel Lowell H.; commend, SR 244---------------------------------..1342

Constitution Revision Commission; compensation of members, HR 344 ----___-_-------.---------------------..---- 993, 1003, 1106, 1173, 1332

Construction Contracts; rules of interpretation, HB 726 62, 64, 108, 205, 235, 270 Cook County; election of commissioners, HB 1090-------- 459, 463, 617, 661, 680 Cook County; small claims court, HB 926-------------.--405, 409, 478, 660, 670

Cooperative Marketing Associations; financial reports, SB 309 ---- --..-----_----_.--------------------------... .----.. 384, 411, 479, 623

Copp, Hon. Walter M.; express regrets of passing, SR 239

..... 1342

1368

INDEX

Cordele, City of; closing of certain street, HB 968.--_______ 380, 388, 414, 480, 499

Corporal Punishment Policies, county boards of education,

HB 1005 _------ ________________________._._--------634, 646, 708, 795, 1139

Corporation Income Tax; increase, HB 743--------.--.--_.__...158, 169, 187, 205, 209

Corporation Laws; amend, HB 1068--------.----__----_.781, 785, 1011, 1117, 1339

Corporations; chartering of, shares of stock, SB 326 __..._..._. 459, 605, 659, 961, 987

Corporations; power of trustees after dissolution, HB 890.___--_...-.___--.269, 276, 303

Corrections, Board of; bear cost of trial for inmate,

SB 210 _-------- .-------- __----------------127, 170, 190, 191, 214, 1273, 1348

Corrections, Board of; no authority over persons sentenced to

county facilities, SB 215 --------------------127, 171, 282, 321, 350, 992, 1349

Corrections Board of; good time allowance,

SB 219 ...__------------------------------_128, 171, 306, 319, 350, 993, 1313, 1349

Counties and Municipalities; joint recreational systems,

HB 1071 ____________________________----------------781, 785, 1011, 1114, 1217

County Boards of Education; corporal punishment,

HB 1005 _------------_____________--------------------634, 646, 708, 795, 1139

County Boards of Education; method of electing, SR 145___.___._____.. 39, 50, 109, 257

County Boards of Education; provide transportation for schools,

SB 273

.-_______.. 295, 330, 619, 626, 685

County Boards of Education; purchase of transportation

equipment, SR 169 ______-_------_________..-._-_.__.__.273, 301, 394, 397, 446

County Funds; disposition of, SB 228______.._--__168, 187, 334, 373, 401, 1167, 1349

County Officers; removal of by recall election, SR 172._____..274, 301, 334, 400, 446

County Officials; indictment for malfeasance, SB 47 __--_..__------.------_--._----365

County Officials; indictment for malfeasance, SB 202--63, 107, 205, 228, 365, 656

County Prisoners; confinement of, SB 216.__--._--128, 171, 306, 309, 350, 992, 1349

County Prisoners; concurrent sentences,

SB 218 ----____------.__------------------128, 171, 306, 309, 350, 992, 1074, 1349

County Prisoners; good time allowance, SB 217--128, 171, 306, 322, 350, 992, 1349

County Records; destruction of; HB 1143. ______________.-_781, 784, 1010, 1173, 1174

County Schools; debts incurred, SR 144--_-------------------- 39, 50, 109, 111, 156

County Tax for Roads; repeal, HB 859____.._,_____________________...._.___.782, 786, 1012

County Taxation for Education; SR 143___-_--_----____39, 50, 432, 482, 593

Court of Appeals; decisions which shall bind, HB 1239__--__.1000, 1008, 1110, 1174

Court of Appeals; Judges Emeritus; amend act creating,

HB 1084 __.___.__._._..__.____----____----___.-__-._.______.634, 648, 710, 736, 1144

Court of Appeals; State Employees' Retirement System,

membership, HB 835 __.__._..._--_...__.----------_..__--------_.._.325, 359, 392, 483, 591

Coweta County; sewerage and fire protection, HR 408...--.. 324, 360, 390, 482, 547

Coweta Judicial Circuit; assistant solicitor general,

SB 250 _----------------------_-.-----218, 246, 281, 289, 321, 405, 1349

Crab Fishing; St. Andrews Sound, prohibit HB 871. 405, 408, 478, 737, 1086, 1098

Cranford, Bonnie J.; compensate, HR 157---------448, 471, 614, 1113, 1154, 1274

Crisp County; election of commissioners, HB 862----..__._ 239, 242, 278, 307, 497

Culloden, City of; councilmen, terms, HB 1019-------------..453, 467, 611, 661, 676

D
Dallas, City of; property taxes, HB 1077,.-------------597, 604, 659, 799, 812 Dalton, City of; corporate limits, HB 1225_..._.____._.,_.._..779, 784, 1010, 1017, 1125 Dalton, City of; hours for holding elections, HB 1224.-779, 783, 1010, 1017, 1124 Dalton, City of; incorporate certain land lots, HB 1070 ---- 597, 604, 658, 799, 812 Danielsville, City of; terms of councilmen, HB 840--------196, 221, 248, 307, 489 Danville, Town of; fire districts, HB 1254 .----_.----998, 1007, 1109, 1172, 1185

INDEX

1369

Darien, City of; amend charter, HB 1233 ................ 779, 790, 1013, 1114, 1125

Davis, Ernest B; elected State Auditor .._..._.,,........___.._.__._...____.__._ ._._._.._._._._____._........__ 20

'Davis, Trooper Raymond 0.; commend, SR 244---.....-.... ........._...._..__......._ 1342

Dawsonville, City of; election of mayor and councilmen

HB 1191 _--_.__..___..._------------.----_--_--------__.._..___.... 720, 723, 791, 1114, 1124

Death Sentences; suspension by Governor ___..._...__-,,-..._...__.__.._..___..... . ......._..._......._.. 6

Decatur, City of; flood control, HB 972 ._........___

450, 465, 610, 660, 671

Deeds, Voluntary; to land, recording of,

SB 311 _____-___________--...__----_------.--------406, 476, 802, 981, 987, 1275, 1350

DeKalb County; certain official's salaries, HB 1004 _....__ ..452, 466, 610, 660, 673

DeKalb County; construction of streets, HR 421----..-....--456, 472, 616, 736, 867

DeKalb County; contracts for use of public facilities,

HR 473 _----_---------.._-____._--------------.----659, 688, 704, 734, 1016, 1229

DeKalb County; depository, HB 1131----.-.._------ .640, 653, 714, 800, 842, 1123

DeKalb County; duties of sheriff, HB 1023 ....___.451, 468, 612, 800, 1024, 1171

DeKalb County; employees' retirement, HB 1024.......____.________452, 468, 612, 661, 677

DeKalb County; Juvenile Court Judge, HB 1133 _____________ 441, 654, 714, 800, 822

DeKalb County; letting of county contracts, HB 976_.._______405, 409, 479, 660, 672

DeKalb County; levy tax for sewers, HR 506__ _.___----____995, 1005, 1107, 1117, 1255

DeKalb County; penalty for failure to return taxes,

HB 1127 ._-----_----------_-----_....-.-----.--..-- --.640, 653, 714, 800, 820

DeKalb County; recorder's court, provide for judge,

HB 1022 ____________----____--------_______--------_______--453, 468, 612, 661, 676

DeKalb County; tax assessors complete returns by March 15th,

HB 1130 ______._______________..__.,,____..,,____________._.____...________________. 640, 653, 714, 800, 821

DeKalb County; taxes due in two installments, HB 1128 __ 640, 653, 714, 800, 821

DeKalb County; time for applying for homestead exemption,

HB 1129

------------------ --...______640, 653, 714, 800, 821

DeKalb County; time for closing books for tax returns,

HB 1126 -,,-_._-____._____--.-_________-_._--_________------_______..__--..640, 652, 713, 800, 820

DeKalb County; planning commission, membership, HB 973 454, 465, 610, 660, 671

DeKalb - Fulton and Atlanta; provide additional voting

precincts, HR 509 ___________________________________..___----_________------_____693, 705, 735, 845

Delinquent Children; contributing to HB 645______-~~~-_---~~--.456, 463, 608

Dental College, Augusta, Ga.; allocation of funds,

HR 493 _-_..__---_-----------_-_____------.599, 605, 795, 962, 1277

Department of Education, State; method of selection,

SR 153 ____.......__--.-------------..----------.105, 133, 334, 345, 354, 378

Department of Health, State; provide for water quality control,

SB 287 ________________-------_-------------------.----------328, 364, 987

Department of Industry and Trade, State; purchase passenger

carrying equipment, HB 938 _ . -- - . __...____ 355, 362, 394, 436, 482

Department of Labor; commissioner to collect certain tax under

Employment Security Law, HB 939 __,,

.

598, 603, 658, 797, 1140

Department of Public Safety; officers in Battalion, SB 223 ------__._..._._--------------.__..._._____.._---__168, 186, 305, 340, 377, 1312

Department of Public Safety; pay portion of construction costs, HB 948 ._..._.._-----_------------------------...456, 465, 609, 738, 1071, 1171

Department of Public Safety; radio operators, salaries, SB 297 -__--_-_---------------------------.------.. 357, 390, 416, 424

Dependent Children; aid to, SB 3-----------..---199, 225, 265, 270, 768, 991, 1162

Director of Public Safety; compensation, HB 969----.---.722, 727, 794, 1117, 1132

Disabled, Totally and Permanently; eligibility for assistance, HB 732 ----...--.----_.----__--..------------158, 170, 188, 333, 1146, 1274

1370

INDEX

Dispossessory Warrants; storage of property,

SB 279 ...___.._....__....__....._...__...___...296, 331, 365, 376, 401, 693, 767, 1349

Dogs; punishment for stealing of, HB 855--325, 359, 392, 1018, 1140, 1164, 1277

Dogs; unlawful to abandon, HB 746.__....._...._.__...._._.._._...126, 129, 172, 737, 1130, 1170

Domestic Animals; unlawful to abandon, HB 746--126, 129, 172, 737, 1130, 1170

Dougherty County; abolish justice courts, HB 1086..__... 691, 697, 728, 1114, 1123

Dougherty Judicial Circuit; create, SB 335--.._._----_._--.--..___...------...._......_ 461, 607

Douglas County; abolish fee system for certain officials,

HB 1151 -------- ._ . ._-----._--------_

691, 700, 731, 801, 823, 1105

Douglas County; compensation of certain officials,

HB 1027 ---_-----------------------___.----453, 468, 612, 661, 677

Douglasville, City of; date for holding elections, HB 1006.__.382, 387, 413, 480, 501

Douglasville, City of; employ City Manager, HB 1007_._.___ 382, 385, 412, 480, 502

Drivers' Licenses; change age limit requirements, SB 238.--------.-.. 184, 202, 305

Drivers' Licenses; validity of, HB 861 -.----...-.--..___.-_..--.__. 269, 275, 302, 334, 375

Drug Inspector, Chief; grant police powers, HB 850--------405, 408, 477, 798, 1092

Dublin--Laurens County; merge school systems,

HR 417 .__..._....------------_.-__._ _. __ ._..-_..- 382, 385, 412, 482, 567

E

Early County; commissioner's clerk, salary,

HB 1249...-_..--___-__----._.._.....--__--------------_...------ 997, 1008, 1110, 1172, 1183

East Point, City of; amend charter, HB 1031....----..._.......__. 637, 646, 708, 799, 809

East Point, City of; amend charter, HB 1032 ..,,_....._____ 637, 647, 708, 799, 809

East Point, City of; amend charter, HB 1033-- . _ 637, 647, 708, 799, 810

East Point, City of; amend charter, SB 356 ..695, 727, 799, 805, 987, 1321, 1350

East Point, City of; mayor's secretary, SB 348 ..643, 705, 798, 805, 987, 1321, 1350

East Thomaston, Village of; corporate limits, HB 815__.181, 185, 203, 251, 254

Economy, Reorganization and Efficiency in Government Committee;

amend, SR 152 _...._._........._........ ------..__..... 105, 132, 134, 176, 178, 1320, 1351

Education, County Boards of; purchase of transportation equipment,

SR 169 ---- _-------- - .----

..___ 273, 301, 394, 397, 446

Education, County Boards of; corporal punishment,

HB 1005 -_-.___-_______.--_-..___-__------.___.____..____634, 646, 708, 795, 1139

Education; county boards of; method of electing, SR 145 _____. 39, 50, 109, 257

Education; county boards of; provide transportation to schools,

SB 273 .--.-_.---------------------------. 295, 330, 619, 626, 685

Education; Minimum Foundation Program Fund, establish,

SB 180 ___-__--_.--_--__--___.-_.-._.----_.--_---- 23, 40, 67, 69, 101, 149, 156

Education, State Board of; mentally retarded and blind,

HB 1081 -_____-.------____ ---- ------......722, 726, 794, 1018, 1094

Education, State Department of; method of selection,

SR 153 ..._._.--_...--_...__---..--..-.--.--.._..-- .-. 105, 133, 334, 345, 354, 378

Education; taxation for by counties, SR 143........-....._......_- 39, 50, 432, 482, 593

Educational Expenses; tax exemptions for certain expenses, SR 47 .__...--....... 294

Educational Improvement Council of Georgia, create,

SB 198 ----------------.46, 55, 110, 118, 177, 190, 191, 214, 457, 585, 1348

Educational Institutions; prohibit certain honorary degrees,

SB 321 .,.._-_...._-_...--.-__....-..-....__.-.-......--..-...... 407, 477, 795, 980, 1096

Election Laws Study Committee; compensation for certain members,

HR 342 ...__._....-......_..._.-...._.._...._....-..........----....-..-... 104, 106, 134, 482, 590

Elections and Primaries; regulation of federal, state and county,

SB 205 --_-.--_.-__..----.----..----_...___-.____-....--...----__------.--... 63, 107

Electors; qualifications, SR 149 .---- .---- --

54, 66, 109, 117

INDEX

1371

Elevators and Escalators, SB 169 ._---- -- ----------------------_.----------227 Ellaville, City of; corporate limits, HB 775------.----------125, 129, 172, 204, 206 Emanuel County; conveyance of property, HR 433_____------ 597, 604, 659, 801, 846 Emanuel County; land conveyance, SR 171-----_--..274, 301, 334, 371, 401, 1351 Emeritus Appointments, discontinue new appointments after
April 1, 1964, HB 1083 --------......__._..____....----.__. 634, 648, 710, 736, 1141, 1170 Empire, Town of; change name to City of,
HB 1196 .........................................._.............__.----720, 724, 791, 1017, 1025, 1274
Employees Retirement System, State; benefit tables, HB 836 .._----.__-_------..----.....----------__.__..__............326, 359, 392, 483, 592
Employees Retirement System, State; change provisions former employees, SB 282 _____________..__.327, 363, 446, 481, 626, 685, 1149, 1158, 1349
Employees Retirement System, State; Appeals and Supreme Courts, membership, HB 835 ____.-____--....__.__------_.----....325, 359, 392, 483, 591
Employees Retirement System, State; former employees, HB 955 ........_-_................__..__..._...______--_.-_..__--779, 788, 1015, 1117, 1135, 1281
Employees Retirement System, State; increase contributions, SB 157 ---- 14, 1116 Employment Security Law; additional funds, HB 958--783, 788, 1015, 1117, 1129 Employment Security Law; Commissioner of Labor collect certain
taxes, HB 939 .....-..........._...___.____.__________--._.__-._.--.598, 603, 658, 797, 1140 Ephesus, City of; corporate limits, HB 1106__------_.------._ 636, 650, 712, 800, 817 Estate of Female Spouse; power to pledge as security, SB 227------.----.168, 187 Estates, Administrators of; provide legal counsel,
HB 980 .....--------...._.___.___..._........___------._.......----__695, 696, 728, 1174, 1218 Estates; investment in common trust funds, HB 806___........_.326, 358, 393, 416, 437
Examiners, State Board of; appeals of psychologists, method, HB 432 ..._.------_......_....___----................______----_ 355, 361, 394, 481, 625, 1277
Excavation of Public Roads; notify public utilities, HB 157--_----------------.14 Exceptions to Auditors' Reports; filing of,
SB 178-----------.--------.--_..----------..----.22, 40, 110, 119, 156, 1273, 1348 Executors of Wills; discharge of, HB 805 __.....--------.........323, 358, 393, 415, 440 Expenditure of Borrowed Money; banks, HB 786.--... 241, 244, 280, 417, 716, 1133

F
Fannin County; commissioners, audit, SB 258.....__..,____....__._ 271, 299, 366, 484, 628 Farmers' Market, Georgia; redefine "bonds",
SB 241 ___------------__. ___----------_-------------- 217, 245, 280, 283, 321, 692, 988 Fayetteville, City of; method of filling vacancies,
HB 837 ..___----..----___._.,,._--.--.._----_------------._ 196, 221, 248, 307, 491 Federal Internal Revenue Code; General Assembly to incorporate
provisions, SR 148 -_------...--.._..____..__.__...___..... 54, 66, 188, 229, 305, 341, 378 Federal Savings and Loan Associations, relative to SR 177 .......--.._..---- 329, 364 Federal Tax Refund; surviving spouse,
SB 236__------------__--------------.--------.183, 201, 224, 231, 236, 1168, 1187, 1349 Felonies; provide for sentences, SB 212 _._..----. 127, 170, 282, 315, 350, 992, 1348 Felons; probation of; SB 220 .__...----_.____.._...._..___.._ 128, 171, 306, 319, 350, 992, 1349 Female Spouse; estate of, power to pledge as security,
SB 227 --------________--------...__--___.----._----------------. --__...--._... 168, 187 Fertilizer Act of 1960; define word "lot" HB 400 --------..597, 602, 657, 1175, 1216 Fiduciary; define legal status, HB 542......______...-.....404, 408, 477, 802, 1072, 1102 Fiftieth Convention of American Assn. of State Highway Officials,
HR 501 ----------...._.----__----------------------_. _ 1000, 1005, 1108, 1115, 1285 Fitzgerald, City of; amend charter, HB 965...----......------ 380, 387, 414, 480, 498 Flood, Mr. A. A.; compensate, HR 375..------.._.---.-..---.--..------. 449, 472, 615

1372

INDEX

Floral Designers, Georgia Board of; create, SB 268 _____ .._.--. 273, 300, 619 Floyd County; abolish offices of tax receiver and tax collector,
HB 881 -_------_._.......,,-------- 240, 244, 280, 799, 837, 1103

Floyd County; additional deputy sheriff, HB 1110_..._________. 638, 651, 712, 800, 817 Floyd County; board of education, annual audit,
HB 1165 --______.-----------_______.___.__--------__._._.,,.____._. 688, 699, 730, 801, 827

Floyd County; commissions for collecting certain taxes to be county

funds, HB 880.-..------------

.

.......240, 244, 279, 799, 837, 1103

Floyd County; consolidation of schools, HR 496 _____ -.996, 1004, 1107, 1117, 1247 Floyd County, financial records, audit, HB 966.--------_-- 380, 387, 414, 481, 498 Floyd County; hospital authorities, annual audit,
HB 1113 -_--__-_..-----_..._-----_-.-.----.-----.--_.-------639, 651, 712, 800, 818 Floyd County; issue obligation bonds,

SR 196 ._-____----------_-_----_-_____----_____-.__.___462, 607, 662, 740, 774, 1167, 1351

Floyd County; salary of City Court Judge, HB 1121 _________ 639, 652, 713, 800, 819

Foresters, State Board of Registration, issue license for framing, HB 322 -------------- ..._----_----------------_----...269, 275, 302, 479, 627, 1171
Forsyth County; commissioners, HB 1218--------------780, 785, 1011, 1114, 1124

Forsyth County; election of board of education, HR 478 .___-----._____------_--__----------------997, 1003, 1106, 1173, 1233

Forsyth County; election of county school superintendent,

HR 479 --_-------------------------__---- - __-996, 1004, 1106, 1173, 1236 Fort Valley, City of; hours for holding elections,
HB 1190 ___.----------------------_.--------------.__----.721, 723, 791, 1017, 1041 Fortson, Hon. Ben W., Jr.; express appreciation to, SR 235--_--___________ _1341

Fulton Civil Court; retirement fund, SB 350 -,,,,----._--_-..-----_-_.__-_---- 643, 706, 798, 806, 987, 1321, 1350
Fulton County; alcoholic beverages,

HB 1147 _._---.684, 715, 737, 768, 777, 954, 1149, 1150, 1169, 1170, 1336, 1340 Fulton County; assistant county administrators,
HB 1040 __-._____--_--___--,,-----_--..-.----------450, 469, 613, 661, 678

Fulton County; appointment of jury clerk, HB 997--------637, 645, 707, 799, 808

Fulton County--Atlanta Study Commission; extend time for making report, HR 481 ..----.____--------______.------___.----_____.. ____719, 726, 793, 1114, 1121

Fulton County; board of education, pensions, HB 1035 ______ 450, 468, 612, 661, 678 Fulton County; businesses upon airport premises, HB 912 _______405, 408, 478, 1174 Fulton County; consolidate offices of tax receiver and tax collector,

SB 288 --.__-------------------------------.------328, 364, 480, 485, 628, 1274, 1349 Fulton County; create office of Medical Examiner,
HR 324 --_-----_------_-----------------------198, 222, 249, 366, 514

Fulton County; create bonded debts, HB 703 --------------451, 463, 608, 1016, 1122

Fulton County; Criminal Court, solicitor's salary,

HB 1051

....

. .-------- ._----------637, 647, 708, 799, 811

Fulton County; employees' pensions, HB 1227--994, 1001, 1017, 1111, 1176, 1278

Fulton County; fire department pensions, SB 209 -__---------------------..----104, 132, 135, 175, 178, 632, 762, 1163

Fulton County; golf professionals, salaries,

HB 1223 ____--------------------------------.----779, 785, 1011, 1127, 1173

Fulton County; joint City-County board of tax assessors, HB 1036 --_--------___--------------------_--------450, 469, 613. 661, 678

Fulton County; office of medical examiner, create, HB 722 -------__-_.------_--------------------. 636, 645, 706, 799, 807

Fulton County; pension benefits, certain employees, HB 1114 ------------------.--.--.----...... ------689, 697, 729, 800, 839, 1103

INDEX

1373

Fulton County; reactivate Local Education Commission, HR 505 ___----------_----_------------------999, 1006, 1108, 1173, 1178, 1276
Fulton County; solicitor of Superior Court, powers, HB 1052 ------_----------_-----.------_-----------__--_----. 453, 470, 614
Fulton County; stadium, Atlanta to cooperate in construction, HR 451 ----._._.-- ..-------.-------------------------- 687, 702, 733, 736, 886
Fulton County; teachers' pensions, HB 1232--..----------...__......_..._ 779, 784, 1010 Fulton County; teachers' retirement, HB 1102 ........--------689, 697, 729, 800, 816 Fulton County--Atlanta Tax Assessor; employ attorney,
HB 748 ------_ __--------...._----------------452, 464, 609, 660, 669 Fulton-DeKalb and Atlanta; provide additional voting precincts,
HR 509 .,,__.__._...._..._._..____--------._----___.......__...............693, 705, 735, 845

G
Gainesville and Hall County Development Authority, create, HB 924 _--.-._--_----------------_--.------------ 293, 298, 332, 480, 495
Gainesville and Hall County Development Authority; create, HR 416 ------------_------_.-_.------.--------..----___694, 702, 732, 735, 878
Gainesville, City of; hours for holding elections HB 1136....641, 654, 715, 800, 822 Game and Fish Commission; amend act creating, SB 182 --------.----_.----37, 48 Game and Fish Commission; amend act creating, as to rabbits,
HB 613 ....__---------__----------_----.--------.----------_---15, 189, 191 Game and Fish Commission; owners of private ponds excluded
from provisions, SB 304 ----------------------383, 410, 479, 593, 737, 958, 987 Game and Fish Commission; revise laws,
SB 197 ----_---------------------------------46, 55, 189, 227, 265, 1273, 1348 Game and Fish Commission; taking of water fowls, HB 512....___.--.,,________._._._..--__-15 Garnishment; clerk of court issue affidavit of attachment,
HB 893 --------------------------_-__-....-......-269, 276, 303, 365, 376 Geer, Lieut. Gov. Peter Zack and Senator James P. Wesberry; congratulate,
SR 178 ----------------------------------------____---------- _------ 305 General Assembly; adjournment, HR 562------------------------------1348, 1351 General Assembly; change method of reading bills, SR 173---- _______--------..274, 301 General Assembly; convening time, SR 164------------------------------------_..304 General Assembly; invitation to Screven County Livestock Festival,
HR 533 _.__....._..._._______--.__-____-...---._._-_-.-...___-----------------.----1168, 1318 Georgia Administrative Procedure Act; create,
SB 233 __-------------------------- 169, 187, 334, 350, 377, 1168, 1191, 1349 Georgia Agriculture Commodities Promotion Act; referendum,
HB 960 ----__------------_-------------------457, 465, 610, 619, 773, 1171 Georgia Art Commission; composition of,
HB 1076 ----_._----------------------------...-781, 785, 1011, 1173, 1225, 1276 Georgia Board of Floral Designers; create SB 268----------------------273, 300, 619 Georgia Educational Improvement Council; create
SB 198 -----------------_----.46, 55, 110, 118, 177, 190, 191, 214, 457, 585, 1348 Georgia Farmers' Market Act; redefine "revenue bonds,"
SB 241 ------_-----------------------------217, 245, 280, 283, 321, 692, 988 Georgia Higher Education Assistance Corporation, create,
HB 1089 ---.--------------------__.------------.597, 604, 659, 795, 1216
Georgia Historical Commission; increase membership. HB 1091 _----.-----------------_-----------781, 785, 1012, 1117, 1139
Georgia Industrial Loan Act; amend, HB 949-___._,,.----458, 463, 617, 796, 1074
Georgia Institute of Technology, express appreciation to, HR 309----_------17

1374

INDEX

Georgia Mental Health Center; designate as S. Ernest Vandiver Mental Health

Center, HR 177

__ .----------.-- _.----................----------15

Georgia Military Forces Reorganization Act; amend,

HB 1123 ..... ------.-.-----------------------.. 634, 652, 713, 1117, 1129

Georgia Milk Commission; gifts or sales to schools, SB 192 _............_..,,_. -- ... 45, 54

Georgia Ports Authority; convey certain property,

HB 930 ....... ...............

.......... ........... . 404, 409, 478, 1018, 1145

Georgia Professional Association Act; amend, SB 237 ............ ....... 183, 202

Georgia Science Commission, create, SB 283 .... ....... 327, 363, 418, 586, 1320, 1349

Georgia State Scholarship Commission, create

SB 190 .......... -------------- 38, 50, 134, 148, 291, 737, 949, 987, 1275, 1318, 1348

Georgia Tech; investigate withdrawal from S. E. Conference, SR 201

G01

Gillis, Jim L., Sr. Bridge; designate, HR 333 ......... ..... ..... .... 294, 297, 332, 416, 438

Glynn County; sheriff's salary, HB 1049. ----..------------ ........ 453, 470, 614, 811

Goods in Transit and Storage; ad valorem tax, SB 254 ... 241, 278, 306, 395, 445

Gordon County; tax commissioner; abolish fee system,

HB 1092 _._......__. --------.---...------------------ 637, 649, 710, 799, 813

Gordy, Mrs. Arthur P.; express regrets at passing, SR 194 __._.____________._--...____._-383

Governing Bodies; to hold open meetings, SB 181.__...__. ....... 37, 48, 189, 230, 265

Governor's Staff; permission to display membership,

HB 799 -.._- --..--.-------------.------------ ....... 126, 131, 173, 189, 236

Grand Jurors; summon by certified mail, HB 928 .___.... 323, 360, 391, 659, 984, 1276

Greene County; commissioners, HB 1182-----------------691, 701, 732, 801, 830

Greenville, Town of; ad valorem tax, HB 897 _......._...._........._268, 276, 303, 366, 493

Griffin, City of; annexation of property, HB 727....__..-....._.__-....__.61, 64, 108, 135, 140

Griffin, City of; relating to elections, HB 728---------------- 61, 64, 108, 135, 141

Griffin, City of; retirement pensions, HB 729--------------61, 64, 108, 135, 141

Griffin Judicial Circuit; solicitor's compensation,

HB 1080 .....-.......-..-......-.-.......-.-.-...-...--.-..--....--..-..695, 697, 728, 1016, 1146

Guardians; appointment of insane, deaf and dumb persons, SB 292 .......... 356, 389

Guardians; sell or lease land of estate, HB 867....--....------636, 645, 707, 802, 1073

Gun Collectors; exclude from licensing, HB 884-..--....-404, 408, 478, 1018, 1089

Gwinnett County; fiscal affairs, population changes,

HB 1088 ------ -----.-----------...--.--.-637, 649, 710, 801, 813

Gwinnett Judicial Circuit; attendance of grand jury,

HB 946 ..-- ..------..----...-----.-----....----........380, 388, 414, 481, 496

H
Habersham County Industrial Development Authority; create, HR 452 .---------.,,------------------....------454, 475, 618, 735, 887, 1144
Habersham County; legal notice for local legislation, HR 393 -.----..----_._._....____________---------- 615, 737, 876, 1144
Habersham County; ordinary's clerk, HB 1261 ---999, 1007, 1109, 1173, 1175, 1276 Hall County; board of education, terms, HR 462 ,,------ .--687, 703, 733, 736, 908 Hall County; improvements on subdivisions, HB 918------380, 388, 414, 481, 495 Hall County; road tax, HB 1094 ----------------------------638, 649, 711, 799, 814 Hamilton, City of; new charter, HB 1152 ._.._._..._......._..------689, 700, 731, 800, 824 Hamilton, Hon. George B.; Ray, Hon. Jack B., Young, Hon. James E., express
appreciation to, SR 231 ........--------..------.--------__.......__..................... 1341 Hancock County; appointment of school superintendent,
HR 363 --------------------_.--------....------------------198, 222, 249, 395, 519 Hancock County; county officers, compensation,
HB 833 -....----...--------------------------...182, 186, 204, 307, 490, 693 Hancock County; tax commissioner's compensation,
HB 794 ....-----.,,.- ........ .....-- ....-- ............-..126, 131, 173, 251, 253

INDEX

1375

Hapeville, City of; employees' retirement program, SB 318 _-----.-..-----------------------------407, 477, 660, 664, 716, 1321, 1350
Hapeville, City of; provide sewer tax, SB 317 ---- --------------------------------407, 476, 660, 664, 716, 1321, 1350
Harris County; compensation of commissioner, HB 1188 ---721, 723, 791, 1017, 1043 Harris County; coroner's salary, HB 1153...----------.----_ 689, 700, 731, 801, 825 Harris County; pensions for employees, HB 1177 ...----...690, 701, 732, 801 829 Hart County; election of board of finance, HB 724--_------------62, 108, 135, 140 Hattaway, Mr. James E.; compensate, HR 351.--.--.--.--.449, 472, 615, 1277, 1327 Hawkinsville, City of; voting in certain elections,
HB 1185 _......----..................._...__--...............................__....689, 701, 732, 801, 830 Health Code, Public; revise laws relating to,
HB 162 .... 294, 296, 331, 798, 953, 981, 1056, 1095, 1096, 1169, 1267, 1314, 1322 Health, State Department of; provide for Water Quality Control,
SB 287 --..--....----.--------___._----._.....------.......--.._..-.--............ 328, 364, 987 Higher Education Assistance Corp. of Georgia; create
HB 1089 _--_._-.__.__-.._.-.---_------------.__-_.. ..._----597, 604, 659, 795, 1216 Highway, Interstate; connecting Ft. Benning. Warner Robins and Ft. Gordon,
SR 161 ----------------------_--------_ ----------'--------------.184, 202, 305, 310, 350 Hinesville, City of; qualifications for solicitor,
HB 1101 ._..-..._-......__..__..__----------.____._...---- -_...... 638, 650, 711, 800, 816 Historical Commission, Georgia; increase membership,
HB 1091 --...------_----......_._.--_----....-....----------781, 785, 1012, 1117, 1139 Hogansville Development Authority; create, HR 410--------324, 360, 391, 482, 550 Holmes, J. D.; compensate, HR 341..---------------449, 472, 615, 661, 975, 1210 Holy Bible; suspend sales tax, HR 355------.--------....._126, 132, 174, 189, 257 Homestead Exemption; disabled veterans, HB 889--------781, 789, 1012, 1114, 1158 Homestead Exemption; extend to certain disabled veterans,
HR 400 ........_------------------------------.781, 788, 1015, 1114, 1160, 1165, 1322 Homestead Exemption; increase for persons over 65 years old, SR 166----242, 278 Homestead Exemption; persons 65 years or over,
HR 406 .------------------...----_----.--------635, 655, 715, 795, 1086, 1212, 1228 Honesty Code; propose for public officials, SR 179-------------------329, 365 Honesty in Government; create commission, SR 191----------------------385, 412 Horton, Cyrus W. IV; compensate, HR 202------------448, 471, 614, 662, 970, 1210 Hosch, Hon. J. Alton; commend, SR 229------------------------------------1213, 1341 Hospital Authorities Act; define "project", HB 1208----778, 787, 1014, 1115, 1218
Hospital Authority Act; limitation on amount of bonds, HB 741 __----------------------_......------.----216, 220, 247, 281, 353, 415, 427, 1247
Hospital Authority Act; redefine "bonds" and "revenue bonds", SB 244 --...-.----.------.----..----------__-217, 245, 280, 288, 321, 692, 988
Hospital Authorities Law; amend, SB 175 ...........------.......18, 23, 36, 40, 51, 104
Hospital Authorities Law; provide meals and aid to elderly persons, HB 896 ._......--__._.---_.----.------------_--------___ 241, 244, 280, 366, 376
Houck, Mr. James M.; compensate, HR 326----------449, 471, 615, 662, 972, 1210
Houston County Development Authority; create, SR 190 ....------......--------........---------------- 385, 412, 482, 629, 1167, 1351
Houston County; land conveyance, HR 494 .--------------------782, 1014, 1114, 1121
Houston County; salary, Clerk superior court, SB 322 --__------------------.----.----------------459, 605, 660, 664, 716, 1100, 1350
Houston County; salary, ordinary, SB 324------.459, 605, 660, 665, 716, 1100, 1350
Houston County; salary, sheriff, SB 325----------459, 605, 660, 665, 716, 1100 1350
Houston County; salary, tax commissioner, SB 323 ...----------------------------------------459, 605, 660, 665, 716, 1100, 1350

1376

INDEX

I

Illegal Liquor Operations; confiscated sugar to schools,

SB 320

-_ -- --._.407, 477, 984, 987, 1275, 3150

Illegal Liquor Operations; confiscated sugar to schools,

SB 199-----.---..------------------------------------53, 65, 204, 227, 265

Income Tax, Corporation; increase, HB 743 _...___._...-- _...-158, 169, 187, 205, 209

Income Tax; extend time for paying tax withheld from wages,

HB 1012 -------._..-------.-- -----_---..-- ----..634, 646, 708, 736, 1073

Income Tax; penalties for fraudulent or late returns,

HB 1013 -_.__----_..._._._------._._--------_ 635, 646, 708, 735, 1085, 1130, 1212, 1220

Industrial Loan Act; amend, HB 949 .... ----------------458, 463, 617, 796, 1074

Industrial Safety; committee to study, HR 397 ----------722, 727, 794, 1016, 1073

Industry and Trade, Department of; authorize purchase of passenger carrying

equipment, HB 938 _________________..________.__..._...--__ 355, 362, 394, 436, 482

Influencing Authorities; crime, HB 723 .....____...__........_.197, 219, 246, 395, 402, 457

Injuries; limit actions to four years, HB 919 ......................694, 696, 728, 1018, 1148

Innkeepers; refusal to accept certain guests, SB 358 ..---- . 697, 728, 1016

Insurance; statement of cancellation of policy furnished by insurer,

SB 347 ._.._-_--.___--____.._.--.-....__.--_.._._--__._._--________..-_...._.__-643, 705

Insurance Companies; fees and taxes, HB 947 .-----.-.326, 361, 391, 416, 421, 599

Insurance Contracts; security of lien holder,

SB 179 .___------._--.---- ---- 22, 40, 135, 147, 178, 270, 1348

Insurance, Liability; claims of third persons,

HB 895 --------....----------------------1000, 1009, 1111, 1174, 1205, 1275

Internal Revenue Code, Federal; General Assembly to incorporate provisions,

SR 148 ---------_------------.---------------------- 54, 66, 188, 229, 305, 341, 378

Interstate Compact on Mental Health; Georgia be party to,

SR 187 -_..-__-.--_..-...,,--------------.38, 49, 134, 148, 1348

Interstate Highway; connecting Ft. Benning, Warner Robins and Ft. Gordon,

SR 161 --_..__....____----____-________--_.---_.. 184, 202, 305, 310, 350

Intoxicating Beverages; prohibit consumption, publicly owned property,

SB 336 __-_____---------------------------------_............__.___..461, 607

Inventories; classify for ad valorem tax, SR 141 __-------____----____...23, 40, 366

Inventories; classify for ad valorem tax purpose, SR 176-.-------...------.. 274, 302

Investments; municipalities, counties, etc., SB 167 .....__.___415, 418, 593, 1320, 1350

Ivey, Town of; ad valorem tax, HB 1011 ..........___.._..........__454, 467, 611, 661, 675

J
Jasper, City of; corporate limits, HB 935 _.......................293, 297, 332, 367, 496 Jeffersonville, City of; municipal elections, HB 1253-.--997, 1007, 1109, 1172, 1184 Jekyll Island State Park Authority; redefine "bonds",
SB 245-.....--.-.-....-.-.-.........--....-....-..-.-......-.-..-...217, 245, 280, 288, 321, 692, 988 Jenkins, Chief Herbert, Atlanta Police Force, express appreciation to,
SR 234 ------__.__._-.._.._-____________--.....---..------..------1213, 1341 Jenkins County; terms of commissioners, HB 1103 -------638, 650, 711, 800, 816 Johnson County Development Authority; create,
HR 460 ----_-----_.-------------------------------694, 703, 733, 736, 902 Johnson, Julius W.; compensate, HR 56 _..__...__________..994, 1002, 1112, 1276, 1331 Joinder of Claims; relating to, SB 342 ------------------600, 656, 659, 987, 988 Joint Committee; to study work-release plans in other states
SR 157 -----.....--------------------------_...------------129, 172, 1206 Joint Planning Commission; municipalities and counties, establish,
HB 696 -----------------------------------------355, 361, 394, 1018, 1127

INDEX

1377

Joint Session; to hear address by Dr. Edward R. Annis, SR 138 .,,,,.,,._ ,,.__,,,,,,_,,.__-_.,,,,_.. ..... .__-_,,-,,.,,,,_-,,-._,,--_,,-13, 25, 36, 60
Joint Session; to elect State Auditor, HR 301 __----.--__--_--_--_--___.__--.10, 14 Joint Session; to hear an address by Dr. Billy Graham, HR 300_____._.___10, 13 Joint Session; to hear an address by Maj. Gen. Earl C. Hedlund
HR 317 ..._.._.-..-___.-__...,,.._-...,,._..._-_...-..-_..__.-__...__-......._-,,._._._-_-.-.----17, 18 Joint Session; to hear message from Governor, HR 299 ._,,._..____.._..,,_..,,--10, 13 Jones County; election of board of education, HR 383 .-...-199, 224, 250, 395, 531 Jones, Mrs. Katherine Landers; compensate,
HR 357 __.----_--_--.._--_--..--.--.--_--.----..---- 449, 472, 615, 1113, 1156, 1211 Junior College; provide for in State, HB 1180 ----------780, 789, 1013, 1115, 1281 Juvenile Court Act; change age limit making names public
HB 452 __.----_----._--------..-..-..-.---.--_.----------225, 232, 234, 238 Juvenile Courts; procedure for establishing, SB 235 ----------.--------._ -183, 201

K

Kane, Paul T.; compensate, HR 200

.

. 993, 1003, 1105, 1277, 1329

Kelly, E. Clyde Bridge; designate, HR 388 _______ .___..___..._.__,,..294, 299, 333, 417, 439

Kennesaw, City of; change day of annual elections,

HB 1169 -..------ -.------._--..-.-_..--.__..__-..--.--688, 699, 731, 801, 828

Kingsland, City of; amend charter, HB 902 .----.--------.269, 276, 303, 366, 489

Kingsland, City of; amend charter relating to elections

HB 904 ------.--._--.--.----.-.--.-----.--.--..--------_. 270, 277, 303, 366, 494

L

Labor Department; commissioner collect certain tax under Employment Secur ity Law, HB 939 -....-..-_.--.-----------------..------------598, 603, 658, 797, 1140
Labor Department; Employment Security Law, additional funds, HB 958 -.-.------._--.--_-..--_-.--_,,.--------------------783, 788, 1015, 1117, 1129
LaFayette, City, of; tax assessor, HB 1105----------------------.638, 650, 712, 800, 816 LaGrange, City of; corporate limits, HB 789 -----.-------------182, 202, 251, 252 LaGrange Development Authority; create,
HR 392 ...--..--..--..---- __.--. --__----324, 361, 391, 457, 472, 485, 534 Lake Lanier Islands Development Authority; amend,
HB 523 -------- .-------------.----.------------.62, 63, 107, 189, 310, 633 Larceny of Motor Vehicles; punishment for,
SB 296 ....__....__..___..._-------- -.__.-357, 389, 659, 956, 987 Laurens County; board of education, HR 485 ----------996, 1004, 1107, 1117, 1245 Laurens County; land conveyance, HR 497 .......----------783, 787, 1014, 1114, 1126
Law Libraries for Superior Court Judges; certain counties, HB 1124 __--_--_--_.___._._________________639, 652, 713, 800, 819
Leaphart, J. Alvin, Sr.; designate bridge, HR 352 ------------294, 297, 332, 416, 438 Lee County; clerk of superior court, compensation,
HB 848 ..__..__...___..._ ..__.--.--.------_--.......----197, 222, 248, 281, 308 Lee County; clerk of superior court; duties,
HB 876 .__--_--__..__--_--_--__------_.--........___..._..._...____.._-.,-240, 243, 279, 307, 491
Leesburg, City Court; create, HB 847 ..----...------------.197, 221, 248, 281, 308 Legal Advertisements; rates for publishing,
HB 900 _.._._.--_______._.._..._.___...._...__....__...--._._......:..... 382, 388, 414, 480, 492
Legal Age for Making Contracts; married 18 year old, HB 988 ..._...-.._-_.-..--_---_-...-.-----------------598, 603, 658, 1174, 1333
Legislative Counsel; express appreciation to, SR 232 __..._------.--..._..----......1341

1378

INDEX

Legislative Counsel; express appreciation to. SR 246 --.... ._._...._................ 1342

Legislative Services Committee; provide space, HB 1215--781, 784, 1011, 1117, 1143

Legitimate Children; artificial insemination; HB 697._-~..782, 786, 1012, 1019, 1131

Length Limitations and Maximum Weight for Motor Vehicles; change,

HB 922 -..-..._.---.-.-_----.------.----------,,_-.327, 363, 393, 416, 420, 600

Length Limitations and Weight for Motor Vehicles,

SB 338 -------_....-.----_----...--._------.462, 607, 735, 769, 772, 987, 1276, 1350

Lexington-Oglethorpe County City Court; judge

HB 1125 ..----.-.._-.--_.--_.-._..----._._.--...------,.--.640, 652, 713, 800, 820

Liability Insurance; claims of third persons,

HB 895 .--------.,__-..----------_-_..-.1000, 1009, 1111, 1174, 1205, 1275

Liability Insurance; motor vehicles; requirements,

HB 1061 ----.... ____.- .---------- .^782, 786, 1012, 1116, 1141

Liberty County Industrial Authority; members,

HB 779 ---.-..-.--.._--,,.---_._-..-.--,,-.--..-125, 130, 172, 204, 207

License Pees for Businesses; counties to assess,

HE 184 --------_.--_-.----.--__--..-._-103, 106, 134, 395, 429, 1105

License Plates; appearance of automobile tags, SB 261...--______.___.--....272, 299

License Plates; inscription of automobile tags, SB 260.......--______.....271, 299

License Plates; permanent, SB 201 ------..----------....--_----.------.-- 62, 106, 656

License Plates; special issuance for antique automobiles,

SB 313 -..--. .-._......._...__....__......406, 476, 796, 989

License Plates; special tags for Georgia National Guard members,

SB 264 -.----------.--.----.----.---- ..-...___.... _

_ _ . . ........272, 300

License Tags; special to members of U. S. Coast Guard Auxiliary,

SB 308 .----...-_..--..-----.--._.-.---.-....---.__.-_--_..-_.._--.-.__.-384, 411

Lieutenant Governor and Secretary of Senate; reimburse for certain expenses,

SR 242 ..... ..-----..-..-.-.....-...--....--.--...-...------.-...----.----...-------.--.....1342

Liquor Tax; distribution of, SR 160 .--------.----._.-.__.--__--..----_----....---184, 202

Literature Commission; declaratory relief, HB 131 .--------..325, 358, 392, 619, 953

Lithonia, City of; amend charter, HB 971 ..............._.....__...450, 465, 610, 660, 670

Lithonia, City of; hours for holding elections,

HB 975 ---- --.-.___-.._..-.--...--.-..--.450, 466, 610, 660, 672

Loans to Students; guarantee payment of interest,

HR 444 ----_-..-._-----...-_.----..----.....-...-..._-___----.-..-404, 409, 479, 1133

Loans to Students; interest, HR 457 ..------------------.----458, 463, 618, 1016, 1213

Local Affairs of General Assembly, SB 173 -._..-.__----------------------.. 10

Local Government Commission; create, SB 253 --...._----,,--....--.------...241, 278

Louisville City Court; amend act creating, HB 987 ...--..--..381, 386, 413, 481, 501

Lowndes County; convey certain State property,

HR 419 ---.--.---...._------- ..----------.-- _._----695, 702, 732, 736, 947

Lumpkin County; appointment of County school superintendent,

SR 185 ---_-------..-------------------.--358, 390, 738, 774

Lumpkin County; board of education, HR 449 .--.._--..-455, 475, 618, 736, 1086

Lumpkin County Superior Court; provide terms,

HB 875 ---.--.,,--.----------------------..-...-...--..293, 298, 331, 480, 492

Me
McDuffie County; change sheriff to salary system, SB 231 -._,,_-._..-,,----......-----..-....------------ 182, 201, 251, 252, 291, 642, 988
McDuffie County; create commissioner roads and revenues, SB 229 ______.__-______.____---- 182, 201, 250, 251, 291, 642, 988
McDuffie County; commissioner of roads and revenue, create,
SB 230 _------------.._..._.-.__-_._.----------- .182, 201, 250, 251, 291, 642, 988 Mclntosh County; tax commissioner, duties, HB 1234 ...... 780, 790, 1013, 1114, 1120
McRae, City of; title to certain tract of land, HB 829 .________._.___._..___.____.._-..--.-- 268, 275, 302, 366, 488

INDEX

1379

M
Macon City Court; microfilm equipment, HB 1257 ,,,,,,_,,_.....____.____..._._-.__,,-..,,-._. .._-____998, 1008, 1110, 1173, 1186
Macon City Court; traffic violations, HB 1258 ...___._.._.998, 1006, 1108, 1173, 1186 Macon, City of; armory for Georgia National Guard,
SR 197 ......____......__......,,_.._.......-....__....__._...____...462, 608, 735, 952, 988, 1166, 1351 Macon, City of; City-County ad valorem tax office,
SR 199 _.__. ..._._._........_......_......___...._._......._......__...462, 608, 795, 842, 988, 1167, 1351 Macon, City of; convey certain property,
HB 1044 .._......_...__........_....,___..__.__......_...__..__......___....__.._..__....454, 469, 613, 799, 810 Macon, City of; ratify contract between City and railroads,
HB 1166 ..._.___.__._...._..___._.__...._____....,,.,,_,,..--688, 699, 730, 801, 827 Macon, City of; registration of voters, HB 1195 _.__.~.____--720, 723, 791, 1017, 1042 Macon, City of; voters lists, HR 482 ._-..._....-__._.__.-...996, 1004, 1106, 1117, 1238 Macon, City of; water commissioner, pension for employees,
HB 1211 .._._._-........_.,,...__._._.._..___.._...-.-__..._.__.-_--..___....__....-719, 725, 793, 1017, 1044 Macon County; City Court of Oglethorpe; judge's salary,
HB 719 .._.._._...___...._,,____.....__....._.._..__......__...,,____.._._-..__-..._..._......--44, 48, 135, 139 Macon County; coroner's salary, HB 715 .__..__,,..._.....-...,,-,,.__.. 43, 48, 56, 135, 1381 Macon County; ordinary's salary, HB 718 _.__..______....._._..._.._....-.~..--43, 48, 135, 139 Macon County; sheriff's salary, HB 716 ....._.____.._,,____.__.____......__...-43, 48, 56, 135, 138 Macon County; superior court clerk's salary HB 714 ----__.,,.- .44, 47, 56, 135, 138 Macon County; tax collector's salary, HB 717 .___._.._...__..__-.._--.....44, 48, 57, 135, 139 Macon County; tax receiver's salary, HB 713 _..._.__....__....._.___..__44, 47, 56, 135, 137 Macon County; transfer of certain property, HR 320 ....._..... 324, 361, 391, 619, 738 Macon Municipal Court; change to Civil Court of Bibb County,
HB 1199 ..__._...._.__-.-.._._-...-._.-.-.-.._-..__-....___....__._....._..720, 724, 792, 1017, 1040, 1171 Macon Telegraph and Macon News; express appreciation to, SR 233 ._.__.._--1341 Madison County; election of board of education,
HR 378 ...__.,,.._.._..,,.__...._.__..._....._.__....__-..-._...__._......_..__.....199, 223, 250, 620, 750 Malfeasance; indictment of county public officers,
SB 202 _.....-....._._._...-..__-...-...-..____....___-.....-.._.-,..__....___.-63, 107, 205, 228, 365, 656 Malfeasance; indictment of county officials, SB 47 __---.__.-..._.....--.... -- ...... ..... 365 Malfeasance; state officials appear before grand jury,
SB 203 _.,,..._.......__..._-.,,_._-...-__...-.-...__-....__-_.._.__.-_-_----63, 107, 656, 987 Malt Beverages; increase tax upon, HB 744 -.._...____..,,___-...._. 158, 169, 188, 205, 209 Malt Beverages; referendum on sale of; SB 149 ,,_.--..__...._-----._._..,,....___....... _204 Marietta, City, of; corporate limits, SB 339..._...462, 607, 660, 667, 717, 1100, 1350 Maynard Mill Bridge; designate, HR 439 .._....._...._...._..782, 784, 1010, 1016, 1155 Medical College of Georgia; Dental College at Augusta, allocation of funds,
HR 493 __.___,,____--------__._____.--599, 605, 795, 1277 Medical Loans and Scholarships; credit certain service,
HR 404 .,,__......_._.,,........_......._....,,__.._,,.__.....,,.-.__._,,-778, 787, 1014, 1016, 1282 Meetings, Open; governing bodies, SB 181 .._._.._____...-___.... 37, 48, 189, 230, 265 Meigs, Town of; relating to certain alleys, HB 1093 ___.______._638, 649, 711, 799, 814
Mental Health; Interstate Compact; Georgia to be party to, SB 187 ____-...____......-_,,....._.....-._...._-..._.--_---_-.----._-_--..38, 49, 134, 148, 1348
Mental Health Center, Georgia; designate as S. Ernest Vandiver Mental Health Center HR 177 __...__-...__......___..-...__._...____..._-....__.-___-.....__...._......_....-_._-.._ ....... 15
Mentally Retarded and Blind Children; State Board of Education program, HB 1081 .._.___-...._-_.__.__--.____--__-_______722, 726, 794, 1018, 1094
Middle Georgia College; establish four year college, HR 490 _.__........599, 605, 659
Middle Georgia College; request regents to establish four years, SR 230 .....__.....-._._.._.._._.._....._.__.-_._-....-.-...-.._-._.__--_-_._...._..1213) 1341

1380

INDEX

Military Forces Reorganization Act, Georgia; amend,

HB 1123 ____________________.___________..__________634, 652, 713, 1117, 1129

Milk and Milk Products; regulate sale of, SB 332 ____.______________.___460, 606

Milk Commission, Georgia, gifts or sales to schools, SB 192 __.,,.-._...______ 45, 54

Mill, Maynard Bridge; designate, HR 439 ___________782, 784, 1010, 1016, 1155

Milledgeville, City of; off street parking areas

HR 441 ___._,,____._ __.,,_,,________...___. 455, 473, 474, 616, 617, 736, 855, 1101

Milledgeville, City, of; off-street parking areas

HR 446 _______._..____._____._____.._____.._._____455, 475, 618, 736, 869, 1102

Mills Memorial Stadium; convey certain property,

HB 695 ____________________.______.__.._____________-_..__.._-43, 46, 55, 66, 68

Minimum Foundation Program Fund; establish

SB 180 ,,_..____,,_._.._,,._,,_.__....___._ ..._______._____...23, 40, 67, 69, 101, 149, 156

Minimum Wages; establish, $1.00 per hour, SR 204 ._______________._.._..602, 657

Misdemeanor Punishment; jurisdiction of sentencing court,

SB 213 ...___......___.........__._.......____.....____.__.........,__127, 170, 282, 317, 350, 993, 1348

Monroe, City of; close certain street, HB 733 _._.__..__..____61, 65, 108, 135, 141

Monroe, City of; election of councilmen HB 735 _____ .....__.__._61, 65, 109, 135, 142

Monroe, City of; mayor's salary; HB 734 ,,,,_,,_.___._________ 61, 65, 108, 135, 141

Monroe County; terms of commissioners, HB 1020 _.-..__,,_. 451, 467, 612, 661, 676

Moore, Lawrence; compensate, HR 321 __.._____._____..993, 1003, 1105, 1277, 1328

Motor Common Carriers Act; exempt tow trucks or wreckers,

HB 1001 ._.,,........_._.

_.,,_,,_..__.,,.,, 599, 604, 658, 796, 1094

Motor Common Carriers Act; exempt wreckers from provisions,

HB 1000 ________________ ,____._,, 599, 604, 658, 796, 1090

Motor Common Carriers Act; exempt wreckers, SB 299 _-_...___..__.__ 357, 390

Motor Common Carriers Act; exempt wreckers, SB 310 ________.,,__________406, 475

Motor Common Carriers Act; tow trucks and wreckers not included,

SB 330 ________.._._._. ________..______..______.______..__..___________.______.--. 460, 606

Motor Fuel Tax Law; tax on gas for watercraft,

HB 1064 _______,,_._..___.,,___.._.____,,.______,,__...____._....__ 633, 647, 709, 795, 1089

Motor Vehicle Certificate of Title Act; registration of boat trailers,

HB 894 _________,,_..__._.___,,_.___,,___. ___.__.._._.___..._..._____ 293, 298, 331, 416, 436

Motor Vehicle Liability Insurance; requirements,

HB 1061 ________________.._._______..___....__..._--_____._______.782, 786, 1012, 1116, 1141

Motor Vehicle Licenses; seasonal agriculture hauling,

SB 354 ___.____._..__._____.____.______..________.____695, 727, 1016, 1046, 1096

Motor Vehicle Licenses; seasonal products hauling,

HB 1246 __._______._.._.__.___....__.____....._._.___..________...___.1000, 1008, 1110, 1175, 1318

Motor Vehicles; blanket permits, certain vehicles to exceed width limit,

SB 360 _____._______.___.____722, 790, 798, 1047, 1096, 1278, 1281, 1322, 1335, 1350

Motor Vehicles; change maximum weight and length limitations,

HB 922 _______...___.___..__._____.______.__._________.____327, 363, 393, 416, 420, 600

Motor Vehicles; punishment for larceny of,

SB 296 ___._._....___._..,,____.____-.._._..___________________.357, 389, 659, 956, 987

Motor Vehicles; new weight classification,

HB 921 ___,,,,___._,,______._____..__________.________. 327, 363, 393, 416, 419, 458

Motor Vehicles; Liability, owner responsible, SB 285 ...___._..__..____.328, 363, 417

Motor Vehicles; weight and length, SB 338 ______________________________ ..462, 607, 735, 769, 772, 987, 1276, 1350

Motor Vehicles; permanent license plates SB 201 _____________________62, 106, 656

Motor Vehicles; prohibit installation of television sets in automobiles, SB 290 _____ ._._______.._______.__.__._.__________.___.___._____._____________328, 364, 416

Motor Vehicles; require certificate of title before registration, HB 791 ......,,._..._,,.___...._____________.___________269, 275, 302, 483, 621, 991

INDEX

1331

Motor Vehicles; security by owners, change minimum HB 932 _._.__.___.----.__-_-------___.__-____.___-_--_-.------.-782, 786, 1012, 1116, 1218
Motor Vehicles; special license tags to U. S. Coast Guard Auxiliary, SB 308 ____-_.._.____.------------._..--.-_-__._.-------_- 384, 411
Motorists, Non Resident; involved in accidents, HB 1003 ___--_----__. . ------___------------634, 646, 707, 1016, 1145
Moultrie, City of; change millage rate, HB 993 ..__._._____.__ .381, 387, 413, 480, 501 Moultrie, City of; corporate limits, HB 992 ----_------.-_.. 381, 387, 413, 480, 501 Municipal Corporations; define "city," "town," "municipality,"
HB 819 --_._-.---_-__--___..--___.-.-_-_------------ 216, 220, 248, 334, 375 Murray County; commissioners' compensation,
HB 1193 --...-.__-.-._-...___.--_-_-_-..._..----------..-.-.- 720, 723, 791, 1017, 1041 Muscogee County; commissioners to create emeritus offices,
HB 853 _____________ __..__._ ______________________________ ______________ -.197, 222, 249, 281, 309 Muscogee County; commissioners of roads and revenues,
HB 1028 __-_.-_-..-_--,,___--_----.--.-.----------.-- .---451, 468, 612, 661, 677 Muscogee County; homestead exemption for school purposes,
HR 401 ___.____,,_.____..___.___,,.__._-_______--._-__-_,,____-___-___-_-------324, 359, 390 Muscogee County; Juvenile Court Judge, HB 852 _____.___. 197, 222, 249, 281, 308

N
Natural Areas, State Board for Preservation of, create SB 20 _..__ ________ _____ 14 Natural Resources of State; authorize State Department of Mines and Geology
to make survey, SR 228 _..___.._...-.-.. 1213 Newton County Industrial Development Authority; create,
HR 414 _-_._-_-___-_-__.-._-._-._...-..._-__-_-._-._----..--_324, 360, 391, 482, 561 Nimmer Chevrolet Company; compensate,
HR 256 -_-._----.._----..--_.--_--.------.--------.449, 471, 615, 662, 971, 1210 Noble, Senator Roy; wish speedy recovery, SR 137 ____________________ _ ._13 Non-Resident Motorists; involved in accidents,
HB 1003 _-____._____--_______ ______...__..______--__.._--.----___-_.634, 646, 707, 1016, 1145 North Atlanta, Village of; abolish, HB 974 ____,____...___.__.___ 451, 466, 610, 660, 671 North Georgia Mountains Commission; issue revenue bonds,
SB 305 .... .... .____._____357, 390, 435, 482, 593, 1101, 1350 Northern Judicial Circuit; judge's compensation, HB 951 _____ 636, 645, 707, 808 Notifying Governor that General Assembly has convened, HR 296 ______.,__ 9, 13 Notifying House that Senate has convened, SR 132 ---- ._.----------_------.--. 10 Notifying Senate that House has convened, HR 295 _..____.----_._.--._..-- ._.._.. ....... 9 Nursery Stock; products considered agriculture, SB 312 __.__._._..-___._._ 406, 476 Nursing Homes; create committee to study, SR 237 _._._____._ ._...._...____.__. 1342
o
Oconee County; election of board of education, HR 379 _____._..,,...-199, 223, 250, 366, 523
Oemler, Mrs. Isabelle C.; compensate, HR 323 ._......__.._._... ....... 993, 1003, 1106 Old Age Assistance; allow applicants to have $1000.00 life insurance,
HB 916 __----__----.----_----_._.. ...... ....... - .-..---.--...721, 726, 793, 1117, 1147 Old Age Insurance; applicable to incorporated towns or cities,
HB 1039 __.-..........__------._____--....--_....._.-...............-....-... ....... 779, 789, 1015, 1145 Old Post Road; designate; HR 422 ........ ________ 695, 702, 733, 1016, 1155 Open House for General Assembly at Athens, Georgia; express appreciation for,
HR 310 _________.-..-._......------..-...-..._.....--..__....----.................... ............... 17

1382

INDEX

Open Meetings; governing bodies, SB 181 .... . ,, _ .. 37, 48, 189, 230, 265 Open Wells, unlawful, certain counties, HB 998 .-__.__.______._.635, 646, 707, 799, 808 Ordinaries; close offices two half days per week, HB 107 _--,,--._---,,----.___-...___693 Ordinary, Qualification of; certain counties, SB 337 ..____.____. 461, 607, 660, 666, 717 Osteopathy; define practice of, SB 256 _._-____._.._._..._.._ 242, 278 Outdoor Advertising; control, SB 123 ................._...__....___.-......._._..._783, 1048, 1163 Outdoor Recreation; invitees and licensees,
SB 206 _..-.__--...._.._--.._.-...-_....-..-.........104, 132, 225, 282, 283, 978, 987, 1019 Oxford, Mrs. Cynthia L.; compensate, HE 356 _.._._._.._.449, 472, 615, 1113, 1152, 1211

P

Pages, Senate; provide for from Paul Anderson Youth Home, SR 165 --,, -335, 372

Pannell, Hon. Chas. A.; commend, SR 135 .___...-_...__....,_...__....__.._.__.__..__-__... 11, 25, 36

Paramedical Field; scholarships, SR 146 ........39, 51, 109, 115, 156, 995, 1188, 1351

Pardon and Parole Board; parole certain misdemeanants,

SB 214 ..._..._...___...._...__.__.___._______...__.._____.._________.____...127, 170, 282, 316, 350, 991, 1348

Pardon and Parole Board; revoke certain paroles,

SB 221 ............................................... _._........___.. 128, 171, 306, 320, 350, 992, 1349

Parker, Alfred B.; compensate, HR 348 ............_.._...__449, 472, 615, 1113, 1150, 1210

Parks, State; convert one or more into winter resort, SR 215 _._.________..1119, 1213

Patton, J. F.; compensate, HR 60 ........._....__.._.. .......448, 470, 614, 662, 963, 1210

Paulding County; certain officials on salary basis,

HB 1203 ...__......_..___..._________.____.____...__._.___..._..___.._,, 719, 725, 702, 1017, 1021, 1171

Paulding County; commissioners, HB 1202 ........... ....719, 724, 792, 1017, 1021, 1171

Paulding County; commissioner's compensation,

HR 1204 ..___,,............._........._....___..___.._.._..___.......___...,,....... 719, 725, 792, 1017, 1044

Paulding County; election of board of education members,

HR 456 .................._....._...._.........._......_...._,.._.....................687, 702, 733, 736, 893

Paulding County; condemnation of property, watershed projects,

HB 1078 _........___..._............_........__....___.._....__..........._......_. ...636, 648, 710, 799, 813

Peace Officers Annuity Fund; membership,

HB 792 ..... _....__...._._..........._..___.._._... .... ........_,,..._..__..__.......598, 602, 657, 795, 1132

Peace Officers Annuity and Benefit Fund; create,

SB 327 ..._--.........-......-._.-.....-...-...-_............. .............. 460, 606, 802, 951, 987

Peach County; board of commissioners, HB 1159 .............. 690, 698, 730, 801, 826

Peach County; compensation of tax commissioner,

HB 1158 .._-._.._...__._................__...._............................. ...690, 698, 729, 801, 825

Pelham, City of; ad valorem tax, HB 720 ......._.................. .... 103, 105, 133, 204, 207

Pelham, City of; increase maximum millage, educational purposes,

HB 721 _..._....__..._...._._.._.._.....___...._...._.. ._....._........... .........I 62, 64, 108, 135, 140

Pelham, City of; provide system of public schools,

HB 788 ...__..___._...___,,___

....... 125, 130, 173, 184, 204, 208

Penal and Rehabilitation Act; redefine "bonds" or "revenue bonds",

SB 243 ....................._....._..___.............. ................. 217, 245, 280, 287, 321, 692, 988

Permanent License Plates; automobile tags, SB 201 ........_..__..._........_.._._.. 62, 106, 656

Perry, City of; charter; numbered city council posts.

SB 293 .._._._.___.___....__-..._._..._--.....--___..-.-......-... 356, 389, 480, 486, 628, 1100, 1349

Personal Property; in transit or storage, classification,

SR 189 ....._._...____..____.._._..._._-.._-_._-..-._...__...-.--.. ._..-. 385, 411, 795, 1084, 1096

Pharmacy, Board of; revocation of permits,

SB 225 _.._...._..__...._......_....................................... 168, 186, 333, 372, 445, 1273, 1349

Pharmacy; regulate practice of, SB 224 ______.__._________.____168, 186, 333, 340, 377

Physical Therapists Practice Act; ament,

HB 1015 ....__--.._._..._.,....-...-..--.-----. -- -... ... -- ..-.456, 467, 611, 798, 1147

INDEX

Pickens County; create commissioner of roads and revenue,

SB 207 _._________._____._____.______._.___.______.__._..__.____104, 132, 135, 174, 178, 241, 266, 982

Picketing; make certain acts unlawful, HB 995 ._..-._...._...__...643, 649, 711, 1016

Pine Lake, City of; pension for police officers,

HB 1132 __________._...______...___......................._... ...... ......441, 653, 714, 800, 822

Pine Mountain; corporate limits,

HB' 1145

.________-.__.....641, 654, 715, 800, 841, 1103

Planning Commission, Joint; municipalities and counties, establish,

HB 696 ........___....____._._......,,_...__...._....___....._.....___....._...._...._ 355, 361, 394, 1018, 1127

Plunkett, Mrs. C. E.; express regrets at passing, SR 212 ........ _..---...--......... 774

Poet Laureate, Mrs. A. W. Bramblett, Sr.; confirm appointment,

SR 139 __._.___._____.._._____.__._.__..__..__.__.__.._.__.__.__.___18, 23, 134, 148, 178, 356, 377, 1350

Political Subdivisions; crime to influence authorities,

HB 723 .___....__.....__._____._____.____..___._-_..__-_-._....__.-_... 197, 219, 246, 395, 402, 457

Polk County; certain officials, salary basis,

HB 1189 __......_....._._...____..___...._._..___..__....__....___....._..721, 723, 791, 1017, 1024, 1209

Polk County; City Court; salaries of judge and solictor,

HB 1134 ________.__..____.___._____._____._..__._....__..______._______...641, 654, 715, 800, 839, 1103

Polk County; consolidate offices of tax receiver and tax collector,

HB 906 ................................................................................aQS, 298, 331, 480, 492

Polk County; coroner's salary, HB 1135.._._....._._.641, 654, 712, 715, 800, 840, 1103

Polk County; right to condemn private property for watershed project,

SB 302 ...__..._._....___..._._.._._..__...._._..._..._.........383, 410, 480, 486, 628, 1212, 1350

Ponds, Private; owners excluded from Game and Fish Commission,

SB 304 _....._._....._._....._...._...,,_....__...__..__.____._..___ 383, 410, 479, 593, 737, 958, 987

Pooler, Town of; taxation of gas companies,

HB 295 __..__........___...........___._______.....293, 298, 332, 480, 495

Ports Authority Act; redefine "bonds" or "revenue bonds",

SB 242 ...._....__....__...__....___....._...._.._...._.._...._.. 217, 245, 280, 287, 321, 692, 988

Ports Authority; convey certain property,

HB 930 .__....__.....___ _ __.._..._._...___.................__...__...^404, 409, 478, 1018, 1145

Powder Springs, City of; corporate limits,

SB 295 ._-...__...____....__....___..._-..._......__....._..356, 389, 483, 486, 628, 1102, 1117, 1350

Powers of Sales; amend act, SB 195 __,,__.,,____..._....__... 45, 55, 205, 228, 334, 337, 377

Practice and Procedure; cross actions, limitation of time,

HB 692 ._.__.._.__..........__....._..............._..._.._..___....__...__............-..._.. 62, 64, 107, 306, 312

Primaries and Elections; regulation of federal, state and county,

SB 205 ._.........-_......_....._..........._.....................................-.... ..............................63, 107

Prisoners, County; concurrent sentences,

SB 218 ._.....__......___............_................... 128, 171, 306, 309, 350, 992, 1074, 1349

Prisoners, County; good time allowance,

SB 217 .................................___...__.._............. 128, 171, 306, 322, 350, 992, 1349

Prisoners, County; confinement of,

SB 216 __..-.__..-___..-___..-__..,,._-.--....-...-.---. 128, 171, 306, 309, 350, 992, 1349

Prisoners; hospital care for tuberculosis,

SB 271 ...... ................ .................... 273, 301, 333, 373, 424, 593, 992, 1349

Prisoners; rehabilitation, HB 1107.._...........__...___...__....__...,._... 635, 651, 712, 797, 1074

Private Ponds; owners excluded from jurisdiction of Game and Fish Commission,

SB 304 __._ __...........__._..__...._............_......._....____.. 383, 410, 479, 593, 737, 958, 987

Private Property; prevent removal of plants and trees,

SB 208 ..__............_...._..___....__.._._...__..__..........__..........._..............._..._........ 104, 132, 982

Probation Board; asst. director's salary,

HB 827 .................__...__.........._.......-..........-..-.....-.._.....-..-.-.404, 408, 477, 797, 1047

Probation, State Board of; commend SR 195 ............. ............

621

Probation Act, Statewide, amend, HB 509 ._.......__.._._.._....__..._. 325, 358, 393, 799

Professional Association Act; amend, SB 237 ..._..........._.._...._ ............ ..... .... 183, 202

1384

INDEX

Professional Engineers, State Board of; examinations

HB 1243

.... ______..___,,_____,,____.._____.,,__._,,.._

993, 1002, 1112, 1117, 1217

Professional Service; redefine, SB 265 _.__._._.____..._..__..._.__.__.__ 272, 300, 737, 948, 987

Property; classification of for taxation and revenue,

SB 280 __....._._...__..._._...._..._._...____....___.._._.....__..._._.296, 331, 365, 374, 401, 1320, 1349

Property Sales; amend time period, SB 196 ___,,___..,,.____....____.._...__..______--___..___. 45, 55

Public Assistance Benefits; appointment of representation to handle payments,

HB 872

.__,,___,,__,,____

241, 244, 280, 619, 685

Public Health Code; revise laws relating to,

HB 162 .____. 294, 296, 331, 798, 953, 981, 1056, 1095, 1096, 1169, 1267, 1314, 1322

Public Meetings; governing bodies, municipalities, counties, to be open,

SB 181 _...._...__..._..._.._....___...__._...._..____...___.........._.___.._...___..._37, 48, 189, 230, 265

Public Officers; vacancies and resignations, SB 4 ___...._._......___...1279, 1319, 1348

Public Safety, Department of; age limit requirements for obtaining driver's

license, SB 238 .._........_..........._._...___..____....___.....__._...__._.......__...._..____......184, 202, 305

Public Safety, Department of; officers in Battalion,

SB 223 .___..__.....__..._.___..____.__._..._..._.._.___.____..,...___..168, 186, 305, 340, 377, 1312

Public Safety, Department of; pay portion of construction costs,

HB 948 ..___._.___.__.._.._...........,,.___.....___.._..__..___.. ..._.456, 465, 609, 738, 1071, 1171

Public Safety, Department of; salary of radio operators and license examiners,

SB 297 _._.-.._._.____._..___....___..,,_._......__..___.._......,,_..,, 357, 390, 416, 424

Public Safety Director; compensation, HB 969 ___...___..._____....722, 727, 794, 1117, 1132

Public Sales; time of holding, SB 194 _.____._...___....____.__.._ ._....._____._..___,,.__._..__ 45, 54

Public Schools; physical education required,

SB 307 .__,,.____.__.__.,,_____....__,,..__.....___._-..___.._..___....__........__.... 384, 411, 619, 770, 987

Public Transportation System; metropolitan area of Atlanta,

SR 158 ..____...__._..._____.._.__._. ,.__...._....169, 187, 305, 313, 350, 1220, 1335, 1351

Public Utilities Corporations; procedure for recording mortgages, deeds to

secure debt, SB 294 __,_______.._.________.356, 389, 482, 622, 628, 1168, 1190, 1350

Public Works Contracts; Supervisor of Purchases to conduct,

SB 176 ..._........-............_._...__._-..___....____.18, 23, 188, 226, 265, 1102, 1130, 1348

Q
Quitman, City of; change number of commissioners, HB 1256 ....__._._..__........____.._._.......____..._._. .._-.___._--.._.._. 998, 1008, 1109, 1173, 1185
Quo Warrento, Writ of; method of service of process, HB 1100 _-............_......__.._...._......__........._....-__...__.... 721, 727, 794, 1020, 1142, 1170

R

Rabbits; trapping of; HB 613 __._...__._._.._.__...__........_.._.._._.._..._._..._......_ 15, 189, 191

Rabun County; clerk of Superior Court,

HB 812

..,,.-.----..

181, 185, 203, 251, 253

Rabun County Superior Court; provide secretary

HB 774 .__-..___..-_....___-..___-...___....____._..._.__.._....... ..__...___. _____.__125, 129, 172, 204, 205

Randolph County; powers of sheriff collecting fi fas,

HB 851 .._._.. ...._._._._____..____....-.___..._-_.-...___.._......_....-__..-..__.,,..._.. 197, 222, 249, 307, 423

Rapid Transit Study Committee; amend resolution creating, SR 238 .... ....... 1342

Ray, Hon. Jack B., express appreciation to, SR 231 ._._...,,__....___,,..____..._._..._..._ 1341

Real Estate; creditor with lien, certain priority, HB 977 ......

598, 603, 658

Real Estate Title Defects; clearance, HB 689..-__________________ 1000, 1009, 1110, 1172

Recording Procedures; mortgages, deeds,

SB 294 ______.__________....______...._._-._.___.-_.__...356, 389, 482, 622, 628, 1168, 1190, 1350

INDEX

1385

Records, County; destruction of, HB 1143 .... .------._.._ 781, 784, 1010, 1173, 1174

Recreation; cities and towns supervise, HB 751 _._._------ 103, 105, 133, 189, 235

Recreation, Outdoor; licensees, State leased land,

SB 206 ... __.._ ...... ....-- ..104, 132, 225, 282, 283, 978, 987, 1019

Recreational Systems; joint counties and municipalities,

HB 1071 _-----___..__-._.__.__-__.____.____------___..781, 785, 1011, 1114, 1217

Red Meats; urge Congress to protect domestic production of, HR 334 ._.._. 44, 45

Regents, Board of; expenses attending meetings,

HB 1065 _______________..-_,,__--...-..-......---........-..eSS, 648, 709, 795, 1093

Registry of Blind Persons; compile, HR 495-.,...._____ 996, 1004, 1107, 1174, 1333

Report; Election Laws Study Committee ___._..____....._._._..__.. ..__._...._._... .__.-____._.-.._..___.122

Report; Senate Penal and Correctional Affairs Committee ....... .... ....._._._...__. 159

Request to Congress; relative to reclaiming of lost land, SR 193 .._...._...__.._.. 417

Resources Advisory Board; appointment of member from Georgia,

HR 349 __----__----_----.._.._..._,,._....---- ....----___----_.____126, 131, 174, 189, 266, 1274

Revenue Tax Act to Control Alcoholic Beverages; remove ware

housing regulations, HB 745

....

177, 179, 188, 205, 209

Richmond County; audit of county offices,

SB 316 --------_.... ..__..... -______........._.............. 407, 476, 660, 663, 716, 1101, 1350

Richmond County; board of education, terms of office,

SB 359 -____--------_...----_. .._....... ..__.._._.722, 790, 1017, 1020, 1096, 1212, 1350

Richmond County; convey easements, HR 418--__..._ ...-__ 1000, 1005, 1108, 1173, 1317

Richmond County; elections, SB 315 ----__.....--..406, 476, 660, 663, 716, 1101, 1350

Rockdale County; increase debt limitation, HR 381----.. 199, 224, 250, 334, 528, 633

Rogers, Mr. Ernest; commend, SR 208--------____.----...._._...----......--------621, 774

Rome, City of; benefits for permanently disabled employees,

HB 761 ____----..____.----_____--------..__..--._----.....--_ 103, 106, 134, 174, 176

Rome, Georgia Boys Choir; express appreciation to, SR 218 ..___.._ ___.__..------_.__. 1119

Rossville, City of; ad valorem tax upon all property,

HB 1259 __________....______------.----____-_--------998, 1007, 1109, 1173, 1186

Roswell, City of; corporate limits, SB 252----.219, 246, 307, 484, 628, 1100, 1349

Roswell, City of; corporate limits, SB 211__.127, 170, 189, 190, 214, 1100, 1348

Roswell, City of; date of general election,

SB 262 __....________________________..272, 299, 366, 485, 628, 1100, 1349

Russell, Hon. Richard B.; extend invitation to address General

Assembly, SR 150 ________-__._----------.--__.--_.___109, 156, 200

s

Safety Belts; installed by manufacturer or dealer, HB 725 .___--------_._----_.----__----_____._____--_--...--. 103, 105, 133, 188, 193
St. Andrews Sound; prohibit crab fishing, HB 871 ___----_-.----__----._. ._.._._ _.__----__------405, 408, 478, 737, 1086, 1098
St. Marys Airport Authority; create, HB 901__--___--_--....268, 276, 303, 366, 488 St. Marys, City of; amend charter, HB 903...--__________.263, 277, 303, 366, 494 St. Marys, City of; election of mayor, HB 1209----_._.__719, 725, 793, 1017, 1209 Sales and Use Tax Act; certain exemptions, SB 300_..._--. 357, 390, 480, 592, 628 Sales and Use Tax Act; exempt certain agricultural machinery,
SB 346 _________________..-_.__.____-_--..._____--------__.--------_----..643, 705
Sales and Use Tax; exempt sugar for bees, HB 846 ___----__----_------_.._.___--------_----___----_.355, 362, 394, 480, 588, 693
Sales and Use Tax; redefine "sale at retail", HB 1026-- .__ 405, 410, 479, 738, 772 Sales and Use Tax; remove provision compensating dealer for
collecting, HB 742 ._____..___._____._______.158, 169, 187, 205, 211, 214, 217, 234 Sales; certain types, unlawful to promote, SB 186 ._..__..--___ 37, 49, 335, 337, 377

1386

INDEX

Sales of Property; amend time period, SB 196-------------------_------..------.45, 55 Sales Tax; suspend on Holy Bible, HR 355.._----__..----..---- 126, 132, 174, 189, 257 Sandersville, City Court; create, HB 839._._._..------...._.___._....196, 221, 248, 281, 307 Sandersville, City of; compensation of mayor and aldermen,
HB 956 .------_.------._______________.___------_________-380, 389, 415, 480, 497 Sandersville, City of; corporate limits, HB 985 ....__.__. -------- 381, 386, 413, 480, 500 Sandersville, City of; tax to create new industry,
HB 517 _---..----------------........----------------..999, 1006, 1108, 1173, 1258 Savage, Hon. John Carter; pay tribute, HR 316..----..__----------------.-_---17, 18 Savannah City Court; procedure same as Superior Court,
HB 915 _--.-.-------..-_------_.__----.__._ .----____----__----__ .268, 277, 304 Savannah City Court; sheriff's salary, HB 823--------_-.--_. 182, 186, 203, 307, 488 Savannah, City of; corporate limits, HB 782.----...._._.____---- 125, 130, 173, 204, 208 Savannah, City of; mayor and aldermen, HB 784 _------_._. 125, 130, 173, 307, 487 Savannah, City of; police jurisdiction, HB 783----------..-125, 130, 173, 204, 208 Savings & Loan Associations; Federal; fiduciaries may invest funds,
HB 795 ---- ---------------.-. 326, 358, 393, 416, 437 Savings and Loan Associations, Federal; relative to, SR 177.---_-_--_ 329, 364 Scholarship Commission, Georgia State; create,
SB 190 ----------------_38, 50, 134, 148, 291, 737, 949, 987, 1275, 1318, 1348 Scholarships and Medical Loans; credit certain services,
HR 404 _._-----___----.._-----_-..__----_----__...----..----778, 787, 1014, 1016, 1282 Scholarships; paramedical field, create,
SR 146 --------------------------._- 39, 51, 107, 115, 156, 995, 1188, 1351 School Buses; display lighted headlamps,
SB 232 ____________-_----..__._..__---------.----.____-183, 201, 305, 312, 350, 1166, 1349 School Bus Transportation; committee to study,
HR 459 ----....._....------_--------..----..------.995, 1003, 1112, 1117, 1174, 1332 School Property Tax; equalize in each county,
SB 191 _______----____----_.38, 50, 109, 119, 282, 283, 305, 321, 632, 757, 758, 1348 School Superintendents, State; appointment by State Board of
Education, SR 162 _________....._____...----_.__..._..-.....__....._. 200, 224, 349, 366 School Superintendents, State; bond and oath, HB 1067----..... 695, 728, 795, 1091 Schools; county boards of education, contracts for purchase of
transportation equipment, SR 169 ----..----------------.273, 301, 394, 397, 446 Schools; county boards of education provide transportation,
SB 273 -..__----__-_____._--__--------____.__--___._--..._____. 295, 330, 619, 626, 685 Schools; county boards of education, corporal punishment
policies, HB 1005 _---._..----_--____._....__...-...----_______ 634, 646, 708, 795, 1139 Schools, County; debts incurred, SR 144 ____..__--__..------------39, 50, 109, 111, 156 Schools, Public; physical education required, SB 307....._.... 384, 411, 619, 770, 987 Science Commission, Georgia; create, SB 283.------327, 363, 418, 586, 1320, 1349 Scientific Data; unlawful to wrongfully take, SB 234 .._..__........_...._........... 183, 201 Scotland, Town of; amend act incorporating,
HB 1008 __--_._____--__._-____._--_________._--._..-_.--_ 452, 466, 611, 660, 673, 1104 Scott, Wm. Fred, Sr. Highway; designate, HR 364 ... 995, 1002, 1112, 1115, 1317 Screven County; board of education, HR 450 ._..._......__-._...... .455, 475, 618, 736, 883 Seasonal Agriculture Hauling; licenses, SB 354----. ...695, 727, 1016, 1046, 1096 Secretary of Senate and Lieut. Governor; reimburse for certain
expenses, SR 242,.___.._.._____.._.___.._----________..._______._-...____......______..__..__..._...._. 1342 Seminole County Superior Court; change terms,
SB 270 _____________________________________----..._._-___.273, 300, 307, 367, 401, 642, 1349
Senate Attaches; appointment and compensation, SR 134 .__._.....----_----.__._.._.. ......11
Senate Committee on Economy, Reorganization and Efficiency in Government; amend, SR 152 .------ .----105, 132, 134, 176, 178, 1320, 1351

INDEX

1387

Senate Interim Affairs; relating to, SR 241------------------------------__-.1343

Senate Pages; provide for from Paul Anderson Youth Home,

SR 165 ____________------------_--------------------_---- .--------------------. 335, 372

Senate Rules; adopt, SR 133 ..._.__....._.-..----___.-----..---_-----_----...--------.11

Senate Rules; amend, SR 140 _... -- ---_.--_--.-- ._.,,_------.--.----.----...----------..--.17

Senate Rules; amend, SR 156 .....--.___..-.,,....--------.--_----....--..--.--.129, 172

Senate Rules; amend, SR 167----.. ...... .....__..____...--------------._... 242, 278, 305, 334

Senate Rules; amend, SR 181.....----------------

-----.-.--------- 329, 365

Senate Rules; amend, SR 210_.___._____...__--------------------. ..._..........._.__. 696, 728

Senate Rule 206 A; amend, SR 240 ......___......-------------------------------- 1342

Senatorial Districts; change composition of two,

HB 525 --------

______------------------. .-..---- .-597, 602, 657, 795, 1094

Service of Process; minors temporarily living out of State,

HB 1045 ----------------------------------------.------782, 789, 1013, 1019, 1148

Sharpsburg, Town of; corporate limits, HB 1251....... 997, 1009, 1110, 1172, 1184

Sheriffs; place on annual salary, HB 1082........-.-.--........... 642, 655, 709, 735, 772

Sixth Congressional District; name for Hon. Carl Vinson,

SR 155 ------------------.--.___.--__------_------____.------------ --.129, 172

Sloan, Hon. Robert A.; congratulate, SR 182................................... .. ...... ........ 372

Smith, Senator Stanley E., Jr.; congratulate, SR 174 __---- -- ------ -...--. - 304

Smithville, City of; hours for holding elections, HB 776 ... 125, 130, 172, 204, 206

Smyrna, City of; compensation of mayor, HB 1116.......... 689, 698, 729, 800, 818

Snellville, City of; corporate limits, HB 1216 --------------719, 725, 793, 1017, 1043

Solicitor General; must be member of State Bar,

SB 266 ....--..-................_.----.._.........272, 300, 415, 428, 445, 1219, 1220, 1349

Solicitor General Retirement Fund; credit for service in armed

forces, SB 281 .-------- _ 296, 331, 481, 625, 631, 958, 987, 1166, 1349

Solicitors General Retirement Fund; interest earned, disbursement,

HB 800 ____..--..--__-------_--__.--------------------126, 131, 173, 281, 290

Solicitors General Retirement Fund; penalty for dilinquent

payments, HB 802 .......----------------------...------198, 219, 247, 481, 1136, 1170

Sommers, William C., Jr.; compensate,

HR 178 ____------__----------------------------449, 471, 614, 662, 968, 1210

Sons of Confederate Veterans; welcome National Convention, SR 222----_--1119

Southern Interstate Nuclear Compact; admit Missouri,

HB 798 ._----------.--_------.-------------.-..--------__--198, 219, 246, 312

Spalding County; improve unincorporated areas,

SR 163 .--------.------ ------------- -.219, 246, 394, 502, 628, 1275, 1351

Speed Limit on Trucks; change on highways, HB 963-783, 788, 1015, 1115, 1217

Stadium; Fulton County-Atlanta to cooperate in construction of,

HR 451 _------__--_-.-._--..--_---.-------------.687, 702, 733, 736, 886

Stapleton, Town of; election of mayor and councilmen,

HB 1255 ------------...------------.--------------.998, 1008, 1109, 1172, 1185

State Auditor; joint session to elect, HR 301--------------------------.-----..10, 14

State Bar Examination; provide for, HB 885-.............----...... 633, 645, 707, 1174

State Board for the Preservation of Natural Areas; create, SB 20........-...._. . .14

State Board of Accounting; examinations, HB 909....... 268, 270, 277, 303, 416, 437

State Board of Corrections; bear cost of trial for inmate,

SB 210 ------_------------_-- ......_______.. .--127, 170, 190, 191, 214, 1273, 1348

Stats Board of Corrections; no authority county facilities, SB 215 --_----_--------.._--_.._---------...... 127, 171, 282, 321, 350, 992, 1349

State Board of Corrections; statutory good time allowance, SB 219 _..-----------._.--------------128, 171, 306, 319, 350, 993, 1313, 1349

State Board of Education; program for mentally retarded and blind children, HB 1081 _----_..____._--.__...........---------.......722, 726, 794, 1018, 1094

1388

INDEX

State Board of Examiners; appeals of psychologists, method,

HB 432 ______-_------------------------------355, 361, 394, 481, 625, 1277

State Board of Pardon and Parole; parole certain misdemeanants,

SB 214 _._-------------------------------127, 170, 282, 316, 350, 991, 1348

State Board of Pardon and Parole; revoke certain paroles,

SB 221

___

-- _128, 171, 306, 320, 350, 992, 1349

State Board of Pharmacy; revocation of permits,

SB 225 _------------__------------------------168, 186, 333, 372, 445, 1273, 1349

State Board of Probation; commend, SR 195------___--------._.-- .--.----.....------621

State Board of Probation; assistant director's salary,

HB 827 -------_-----_----------.------------------.404, 408, 477, 797, 104

State Board of Registration for Foresters; issue license suitable

for framing, HB 322---------- -- --------.269, 275, 302, 479, 627, 1171

State Board of Registration for Professional Engineers;

examinations, HB 1243 ......._._.-__------------------_...--993, 1002, 1112, 1117, 1217

State Department Heads; surety principal on bond,

HB 899 --------_...._......_._____.....__........__..994, 1002, 1112, 1173, 1280

State Department of Education; method of selection,

SR 153 ----------------------- 105, 133, 334, 345, 354, 378

State Department of Health; provide for Water Quality Control,

SB 287 -------------------------------- -- ---- 328, 364, 987

State Department of Industry and Trade; authorize purchase of

passenger carrying equipment, HB 938 ._._........_........__._.. 355, 362, 394, 436, 482

State Department of Public Safety; salary of radio operators

and license examiners, SB 297 _._..._____.......----__...__..--.357, 390, 416, 424

State Employees; deduct payments to credit union,

HB 155 ------__...-----------------_----------..635, 644, 706, 795, 1046, 1099

State Employees; health insurance plan, HB 796.....______.....126, 131, 173, 189, 257

State Employees Retirement System; benefit tables,

HB 836 --------_.-----_----..---------------------326, 359, 392, 483, 592

State Employees Retirement System; change provisions former

employees, SB 282 ----------------327, 363, 446, 481, 626, 685, 1149, 1158, 1394

State Employees Retirement System; Court of Appeals and

Supreme Court, membership, HB 835 ........______..... ___.___.325, 359, 392, 483, 591

State Employees Retirement System; former employees,

HB 956 ,,------------.-,,-----------------779, 788, 1015, 1117, 1135, 1281

State Employees; time off to vote, SB 306,- 383, 410, 483, 591, 628,1149, 1159, 1350

State Funds; expenditure of, fiscal explanation, SB 357------ --..____--_....._-696, 727

State Game and Fish Commission; amend act creating, SB 182------..---__-37, 48

State Game and Fish Commission; change Director, HB 1248 --____-_____-____._._......__---------780, 787, 1014, 1132

State Game and Fish Commission; owners of private ponds excluded, SB 304 ------___.._..__._..------------383, 410, 479, 593, 737, 958, 987

State Game and Fish Commission; revise laws, SB 197 ._.______...._----------------..-46, 55, 189, 227, 265, 1273, 1348

State Hospital Authorities Act; amend, SB 175__.....-........_.18, 23, 36, 40, 51, 104

State Hospital Authorities Act; define "project", HB 1208 -----------------------------.-------- .--778, 787, 1014, 1115, 1218

State Hospital Authorities Act; provide meals and aid to elderly persons, HB 896 _--------------------------....----......-241, 244, 280, 366, 376

State Hospital Authority Act; limitation on amount of bonds,

HB 741 _--------------------------

216, 220, 247, 281, 353, 415, 427, 1274

State Hospital Authority Act; redefine "bonds" and "revenue bonds", SB 244 _--------------.----------------------217, 245, 280, 288, 321, 692, 988

INDEX

1389

State Leased Land, outdoor recreation, SB 206 ----------_.------------_------_104, 132, 225, 282, 283, 978, 987, 1019
State Literature Commission; declatory relief, HB 131.__-325, 358, 392, 619, 953 State Office Building Authority Act; redefine "bonds" and
"revenue bonds", SB 247 ..---------------------218, 245, 281, 288, 321, 692, 988 State Officials; appear before grand jury for malfeasance,
SB 203 -.__..__-----------_-----__-------_--------.63, 107, 656, 987, State Parks; convert one or more into winter resort, SR 215------------1119, 1213 State Penal and Rehabilitation Act; redefine "bonds" and
"revenue bonds", SB 243 ----------------------217, 245, 280, 287, 321, 692, 988 State Ports Authority; convey certain property,
HB 930 .._._____........______----------------------404, 409, 478, 1018, 1145 State Ports Authority Act; redefine "bonds" and "revenue bonds",
SB 242 ._.__________._----__--------------------217, 245, 280, 287, 321, 692, 988 State Properties Commission; create,
HB 1030 ------------------642, 655, 709, 1016, 1075, 1113, 1127, 1169, 1223, 1224 State School Building Authority Act; redefine "bonds" and
"revenue bonds", SB 248 __....----------------------218, 245, 281, 289, 321, 692, 988 State Senatorial Districts; change composition of two,
HB 525 .------_..---------_-------.__-----_.-------- 597, 602, 657, 795, 1094 State Water Pollution Board; create in Department of Public
Health, SB 193 ___.__-_-_.---------------- -..._.45, 54 Statewide Probation Act; amend, HB 509----.___------------325, 358, 393, 799 Stephens County; provide assessment of property,
HR 469 ---------------------._----__-------------------694, 704, 734, 735, 930 Stephens County; voting machines, HB 957--------__._404, 409, 478, 661, 670 Stewart County; small claims court, create,
HB 1163 ----__--_--,_____..__----___---_._-_.--.-----691, 699, 730, 1172, 1183 Stone Mountain; erection of flags, HR 409..----------...324, 360, 391, 795, 986, 1105 Stone Mountain Judicial Circuit; court reporter's salary,
HB 1205 _______________________________----------------719, 725, 793, 1017, 1044 Stone Mountain Memorial Association; include in employees'
retirement system, SB 156 ____._.--------__----__----------------14, 189, 228 Stone Mountain Memorial Association Act; redefine "bonds" and
"revenue bonds", SB 249_____----___________.218, 246, 415, 422, 445, 1102, 1208, 1349 Stone Mountain Memorial Association Act; regulation of traffic,
SB 331 ----..------.----.----_--------____.._...._______----------------460, 606, 795 Street Improvements; assessments and collections, SB 226 ___----------..168, 186 Student Loans; guarantee payment of interest,
HR 444 --------_-----------------_____------------__.--------.404, 409, 479, 1173 Student Loans; interest, HR 457.._._______.._----------------458, 463, 618, 1016, 1047 Sub-Standard Dwellings; exempt from taxation, SR 89.----_----------------------14 Sugar, Confiscated; furnish to schools, SB 199------____....________53, 65, 204, 227, 265 Superior Court Clerks; cross reference system, HB 660.___62, 63, 107, 481, 629, 991 Superior Court Clerks; increase contributions to retirement fund,
HB 989 ....--------------------_----_--------------721, 726, 793, 1019, 1091 Superior Court Clerks; retirement benefits, HB 991----721, 726, 794, 1018, 1091 Superior Court Judges; law libraries in certain counties,
HB 1124 .-----.--..------.------------------.----------639, 652, 713, 800, 819 Superior Court Judges Emeritus; amend, SB 184 --__----------------______-37, 49
Superior Court Judges Emeritus; amend act creating, SB 183----__-------- 37, 49
Superior Court Judges Emeritus; extend time make contributions, SB 319 -_------...--_------__----.407, 477, 483, 624, 631, 769, 987, 1275, 1350
Superior Court Judges; must be members of State Bar, SB 267 ___------___,,_________-_.___273, 300, 415, 428, 445, 1220, 1222, 1349

1390

INDEX

Superior Court Judges; retirement fund, certain members, HB 1056 _..._.____-______________________..----692, 696, 728, 802, 1141
Superior Court Judges' Retirement Fund; interest earned, disbursement, HB 801 __----_--------------------------126, 131, 174, 281, 289
Superior Courts; appointment of new trustees, HB 807----326, 359, 392, 415, 440 Supervisor of Purchases; conduct public works contracts,
SB 176 ..._..__----------------_....__--18, 23, 188, 226, 265, 1102, 1130, 1348 Supreme Court; Chief Justice Emeritus; amend act creating,
HB 1085 _.______..-.----------------------------634, 648, 710, 1019, 1143 Suwannee, City of; incorporate, HB 1245--------------994, 1001, 1112, 1173, 1187 Swainsboro City Court; rules of procedure, HB 1069.------597, 604, 658, 799, 811 Swearingen, Hon. Robert Lee, Sr.; commend, SR 184__--------_---------_-------335

Tallapoosa Development Authority; create HR 431------382, 386, 412, 620, 753

Talmadge, Hon. Herman E., extend invitation to address General

Assembly, SR 151 ____--------____.__-_._._._________.___.._...___........ ..109, 156, 200

Tattnall County; preservation of family histories,

HB 781 ------.----__._.___.__.....__._._-_~._._._......_125, 130, 172, 251, 252

Tax, Ad Valorem; classify inventories, SR 141-------------------- 23, 40, 366

Tax, Ad Valorem; classify inventories, SR 176.------_,,--.----..--------_~___274, 302

Tax, Ad Valorem; exempt certain items of personalty, SR 175 ........ 178, 274, 301

Tax, Ad Valorem; goods in transit and storage,

SB 254 .___....._..._..__------ __--------------------241, 278, 306, 395, 445

Tax, Corporation Income; increase, HB 743 ._.-.--_.......--158, 169, 187, 205, 209

Tax, County for Roads; repeal, HB 859----.....__....__..._.____._._._..___782, 786, 1012

Tax Exemptions; certain educational expenses, SR 47-.__............._..._--........_._......294

Tax, Federal; refund, surviving spouse,

SB 236 -- .-- .-------------------183, 201, 224, 231, 236, 1168, 1187, 1349

Tax, Income; extend time for paying tax withheld from

wages, HB 1012 ...........__....._----_..----------------------.634, 646, 708, 736, 1073

Tax, Income; penalties for fraudulent or late returns,

HB 1013 .----._--------------------------635, 646, 708, 735, 1085, 1130, 1212, 1220

Tax, Liquor; distribution of, SR 160....__._..__.._.--._..............-........._..--........184, 202

Tax upon Malt Beverages; increase, HB 744-.-.-...._----158, 169, 188, 205, 209

Tax Receivers; make returns by mail SB 74...--__._..------___.__--_....----__103, 1348

Tax Study Committee; create, SR 219...--__.....--._...--.........--1002, 1113, 1173

Taxation, County; for education, SR 143.___._..._.._..--39, 50, 432, 482, 593

Taxes; license fees for businesses; counties to assess,

HR 184 -----...------...--.--..----._...-------------103, 106, 134, 395, 429, 1105

Taylor County; convey certain property, HR 503..------782, 787, 1014, 1114, 1126

Taylor, Mr. Thomas B.; commend, SR 206 ------------__....___.------_........_--620

Teacher Tenure; create interim committee to study, SR 245------.._......-- .1342

Teachers' Retirement System; per diem allowance,

HB 845 ----__-_--....------.-__--------------_......... 598, 603, 657, 716, 1139

Teachers' Retirement System; re-establish membership,

HB 844 ._.__._...__.....__..__------.598, 602, 657, 716, 1097, 1115, 1136, 1211

Teachers' Retirement System Fund; salary deduction,

SB 349 _.____._._______..-------....643, 705, 795, 960, 987, 1211, 1219, 1350

Telephone Company; express appreciation to, SR 217--------------..-----_--1119

Television sets; prohibit installation in automobiles, SB 290..------328, 364, 416

Thomas County; issue obligation bonds,

HR 442 .....--------......

..........----..._.._--445, 463, 474, 616, 617, 736, 860

Thomas County; sherff's salary, HB 1155--.__-------------690, 700, 732, 801, 825

INDEX

1391

Thomas, Senator--Elect R. S.; oath of office---------------.----------._,,7 Thomson, City of; corporate limits, HB 1021--------..._____--_.----------_----_.__.._ ? Thomaston, City of; corporate limits, HB 868--------------239, 242, 279, 307, 498 Thomaston, City of; water, sewerage and electric systems,
HR 361 ___--------------__--------__-_________----.------.199, 223, 250, 395, 516 Thomaston--Upson County Industrial Development Authority; create,
HR 458 __---____._____.._...__--.._----_____--_______----694, 702, 733, 736, 896 Thomson, City of; corporate limits, HB 1021----------__----. 454, 467, 612, 799, 809 Thrasher, Hon. B. E., Jr.; express regrets at passing, SR 136.--.....__.__.._ 12, 25, 36 Tift County; bid system for purchases, HB 1097 ._________....638, 650, 711, 800, 815 Tift County; board of commissioners, HB 1098-------------- 638, 650, 711, 800, 815 Tift County; small claims court, create, HB 1186--_._....___.__.691, 701, 732, 801, 831 Tifton, City of; commissioners' salaries, HB 413----.__..--__--.___------1017, 1122 Tifton, City of; water pipes, sewer lines HB 412 ._..________.--------__._. 1017, 1122 Tifton Judicial Circuit; solicitor general's salary,
HB 887 ------------------------__--------.._----__..,,_ 269, 276, 302, 620, 951 Timber Removal; notice to abutting property owners, SB 355.------..695, 727, 927 Title to Lands; clerks of superior courts to furnish to defendant,
HB 858 ....__--------_------------------.----------_--355, 362, 394, 415, 439 Tobacco; acreage reduction for certain types, HR 407----------_..--------.. 200, 304 Tobacco Tax; cigars and cigarettes, increase tax upon,
HB 740 ----__.._____----_____----------_.------......158, 169, 187, 205, 210, 216 Toccoa-Stephens County Building Authority; create,
HR 468 __....__..__..._....___--..----__--.--------687, 703, 734, 736, 919 Tow Trucks; exempt from Code Chapter 68-602, SB 328-----------------460, 606 Towns County Lions Club; comment, SR 216-__.....__----_--__.........--1119 Traffic Court Program of American Bar Assn.; commend, SR 226------------__ 1341 Traffic Safety; committee to study, SR 203.._.601, 795, 1046, 1096, 1211, 1223, 1351 Trespassing; misdemeanor, HB 736 ----------____.--------------.216, 220, 247 Troup County Development Authority, HR 396__----_------__324, 361, 392, 482, 541 Trout, Monte F.; compensate, HR 195----...-_--------.994, 1002, 1112, 1277, 1324 Trucks; weights and lengths, SR 159.----.__._------__._.__.__..------.184, 202 Trustees; new appointment by superior courts, HB 807__----.._-------------------- Tucker, Hugh C., ST., Bridge; designate, HR 385 ....._....-- 294, 298, 332, 417, 438 Turin, Town of; corporate limits, HB 1250--------...... 997, 1008, 1110, 1172, 1183 Turin, Town of; water system, HB 1252_--._._.......997, 1009, 1110, 1172, 1184 Tybee, Town of; mayor and councilmen, SB 204....___63, 107, 366, 483, 628, 657
u

Unadilla, City of; governing authority declare surplus property, HB 710 ...................._._______..__.44, 47, 56, 204, 206
Unemployment Compensation Act; expenditure of monies, HB 843 ....____--__.___....._._____________.783, 788, 1015, 1117, 1128
Uniform Commercial Code; amend, SB 272....___.....__...295, 329, 365, 396, 445 Uniform Commercial Code; negotiability of a security,
HB 797 ...__ .------------__.--------.--__..___327, 362, 393, 415, 441, 600 Union City; Fulton County water system, HB 1059.--------.451, 470, 614, 661, 680 Union County; audit by C.P.A.; HB 982.----_______....381, 388, 414, 481, 499 Union Group of Insurance Companies; deliver plaque to
HR 362 _______.__..............___________._355, 362, 394, 482, 590, 033 University System Building Authority; issuance of bonds,
HB 1063 _____________.__.___..___----_____ -686, 647, 709, 797, 1092
University System Building Authority; redefine revenue bonds, SB 246 .__........____------________.....218, 245, 281, 288, 321, 692, 988

1392

INDEX

Upson County; commissioners' compensation, HB 911. ----268, 277, 304, 367, 495 Upson County; tax assessor, term of office, HB 814...---......-- 181, 185, 203, 251, 254 Upson County; tax collector, HB 813--------.------------181, 185, 203, 251, 254 Upson County; tax commissioner, HB 816 .._....._......_.._... 181, 185, 203, 251, 255

V
Vandiver, S. Ernest Mental Health Center; designate, HR 177--------. -------- 15 Vehicle Equipment Safety Compact; Georgia be a party to,
SB 274 ------._..----------------------- 295, 330, 367, 374, 396, 445, 1275, 1349 Vidalia, City of; opening of polls, HB 1168--.--------------.688, 699, 730, 801, 828 Vidalia Development Authority; extend into Montgomery County,
HR 471 ._._-.._.._____----..__---------------------------694, 704, 734, 735, 935 Vinson, Hon. Carl; commend, HR 347- __._.__...____------------_----..____ 53 Vinson, Hon. Carl; name 6th Congressional District for, SR 155.--..------.129, 172 Vinson, Hon. Carl; request to seek re-election, HR 373----.-------------__------67 Vocational Technical Schools; conduct study for development, SR 183.--_______.335 Voluntary Deeds to Land; recording of
SB 311 _--___----------------__._--_____..,.406, 476, 802, 981, 987, 1275, 1350 Voters' Qualifications; residential requirements, HB 1201---------780, 789, 1013 Voters' Registration List; time for closing, SB 118----...._____._-659, 946, 987 Voting Recorders; tabulating machines, certain counties,
SB 340 ------.------------_____________...600, 655, 798, 804, 987, 1212, 1350 Voting Recorders; tabulating machines, certain counties,
SB 351 -_------___________------__...__._--..644, 706, 798, 806, 987, 1212, 1350
w
Waco Development Authority; create, HR 443.............----.-455, 474, 617, 736, 862 Walker County; abolish fee system for ordinary, HB 700--.___.43, 46, 55, 66, 68 Walker County; abolish fee system for clerk of superior court,
HB 702 ........___________ _______________________--______--43, 47, 56, 66, 69 Walker County; consolidate offices of tax receiver and tax collector,
HB 701 ..._____________._.__.._....____________--....----43, 47, 56, 66, 69 Walker County; establish fire prevention districts,
HB 1175 .._..._____----------------........____.--------.--690, 701, 732, 801, 829 Walker County; fire prevention districts, HR 474------.--.__-687, 704, 735, 940 Walker County Development Authority; create,
HB 1210 __------------_------------------__.__....719, 725, 793, 1017, 1022, 1170 Walker County Development Authority, issuance of bonds,
HR 380 ____._...________________------------...__198, 223, 249, 366, 525, 633 Ware County; consolidate offices of tax collector and receiver,
HB 954 ....__._._.___------------___.____----.-999, 1009, 1111, 1172, 1181 Ware County; election of board of education, HR 500--995, 1005, 1107, 1117, 1250 Warner Robins Development Authority; create,
SR 188 .__________.___._------------------384, 411, 482, 508, 628, 1167, 1351 Washington County; commissioners, HB 1197--------.--720, 724, 792, 1017, 1042 Washington County; tax to create new industry,
HR 519 _----------_________--_-------------999, 1006, 1107, 1173, 1264 Washington County Development Authority; create,
HR 518 ------ --------------________--------------999, 1006, 1108, 1173, 1260 Water Fowls; taking of, HB 512_______________..._._......____.--------.------15 Water Quality Control and Pollution Boards; create,
HB 730 ----_____._.__.________.____778, 789, 1012, 1115, 1133, 1172

INDEX

1393

Watercraft; tax on gasoline, HB 1064--______----_____._----__633, 647, 709, 795, 1089 Watershed Projects; right to condemn private property,
HB 944 _.....____.__-,._______-____.__._______--___--_--------______...404, 409, 478, 802, 1072 Watkinsville, City of; qualifications for mayor, HB 994.______ 381, 387, 413, 661, 672 Wayne County Industrial Development Authority; create,
SR 147 __...._____________ _____----._------____54, 66, 135, 142, 178, 457, 1351 Weather Reports for North Georgia Mountains, SR 214__________._________________1119 Webb, Senator Julian; appointed Assistant Floor Leader of Senate.------______.______..7 Webster County; tax commissioner's salary,
HB 1144 ____----__------____________________________.641, 654, 715, 800, 823 Weight Classification for Trucks; HB 921---.------.._.327, 363, 393, 416, 419, 458 Weight Limitations for Motor Vehicles; change maximum,
HB 922 ._----...._--,___----_._.___--,,_______......327, 363, 393, 416, 420, 600 Weight Limitations for Motor Vehicles;
SB 338 ------...-._------_-----__-___----___.._ 462, 607, 735, 769, 772, 987, 1276, 1350 Wells, Open; unlawful, certain counties, HB 998------.------635, 646, 707, 799, 808 Wesberry, Senator James P.; congratulate, SR 178.__._.._._____________ ___________ 305 West Point Development Authority; create, HR 411 _______ 324, 360, 391, 482, 555 White County; change terms of superior court, HB 838 ----.293, 297, 331, 620, 668 Whitfield County; authorize law library for use of judges,
HB 1073 _______----------____._._____--.----_----------..637, 648, 709, 799, 812 Whitfield County; consolidate offices of tax receiver and collector,
HB 1112 _--______----_----____.._----_------639, 651, 712, 800, 817 Whitfield County; commissioners of roads and revenues,
SB 314 .____-_____________________________----____406, 476, 660, 663, 716, 1101, 1350 Whitfield County; election of board of education,
HR 483 ---___----_.--_--_--------------_____-996, 1004, 1106, 1117, 1241, 1277 Whitfield County; furnish law books to HR 390------1000, 1007, 1109, 1174, 1317 Whitfield County; issue obligation bonds for education,
HR 432 _________-------------- ________._._____________382, 386, 412, 483, 573 Whitley, Hon. James; express regrets at passing, HR 329___________________________________36 Width Limit for Motor Vehicles; allow certain vehicles to exceed,
SB 360 ________________________.___722, 790, 798, 1047, 1096, 1278, 1281, 1322, 1335, 1350 Wilkes County; salaries of certain officials,
HB 1162 _________._-___..______--------__--_.--------.----__688, 698, 730, 801, 826 Wilkes County; tax commissioner, monies collected,
HB 1161 ___.----__----_______-_____----______------__.--------690, 698, 730, 801, 826 Wilkinson County; commissioners, monthly statements,
HB 1010 ------ _______------------------_________------__..___452, 466, 611, 661, 675 Wilkinson County; consolidate offices of tax receiver and collector,
HB 1009 __------_..____---___------_____--_--------_----________451, 466, 611, 661, 673 Wills, Executors of; discharge of, HB 805 _____________________________._323, 358, 393, 415, 440 Wilson, Hon. Frank; express regrets at passing, SR 227________. ______________ _____1213 Woodbury, City of; ad valorem tax, HB 712 ___________ 44, 47, 56, 110, 137
Woodstock, City of; corporate limits, HB 1156__--___________________--.698, 729, 801, 825
Work-Release Plans; Joint Committee to study, SR 157------------_129, 172, 1206
Workmen's Compensation; county boards of education provide for, SR 170 ..______------__._______________________.274, 301, 334, 424, 593, 1334, 1351
Workmen's Compensation; define "employer" and "employee", HB 1046 _____________________________.________._____-635, 647, 709, 1116, 1131
Workmen's Compensation; reciprocal insurance, HB 936 ________,,____-__._____._________--_----__------__633, 645, 707, 797, 1093
Wreckers; exempt from provisions of Motor Common Carriers, SB 310 ___406, 475
Wreckers; exempt from provisions of Motor Common Carriers, SB 299._ 357, 390

1394

INDEX

Wreckers; exempt from provision of Motor Common Carriers, HB 1000 .----------------_.._._.,,__._________..599, 604, 658, 796, 1090
Wreckers; exempt from provisions of Motor Common Carriers, HB 1001 ____._-__.__.__-__----_----_----.599, 604, 658, 796, 1094
Wreckers or Tow Trucks; Code Chapter 68-602 shall not apply, SB 328 ......_.___...__-___--------------------------------_ 460, 606
Wreckers or Tow Trucks; not included in Motor Common Carrier Act, SB 330 __----__----___._-_-__-_---__-_-___.---------------460, 606
Wrightsville, City of; salary of judge of City Court, HB 1174 ----__--------------__----------__.......690, 701, 732, 801, 829
Writ of Quo Warrento; method of service of process, HB 1100 ------- __...___..._....__.._----------721, 727, 794, 1020, 1142, 1170

Young Harris, City of; members of council, SB 257 --------------___.-----_--------271, 299, 366, 484, 628, 1211, 1349
Young, Hon. James E.; express appreciation to, SR 231-------------------------.1341 Youth Act; Governor to appoint judges to board,
HB 803 ----------------------------------__._----198, 220, 247, 365, 378

INDEX

1395

PART II

SENATE BILLS AND RESOLUTIONS

NUMERICAL INDEX

SENATE BILLS
SB 3--Aid to dependent children .------------199, 225, 265, 270, 768, 991, 1162 SB 4--Vacancies and resignations of public officers.--------1279, 1319, 1348 SB 20--State Board for Preservation of Natural Areas; create------------14 SB 47--Indictment of county officials for malfeasance____----__.....___.365 SB 71--Bank Charters; applications.------_.------------------------1320, 1348 SB 74--Tax Receivers; returns by mail--_.._____........_.--..____--.------.....103, 1348 SB 118--Voters' Registration List; time for closing------.------659, 946, 987 SB 123--Outdoor Advertising; control of__----.----___._----..783, 1048, 1163 SB 123--Cobb County; board of commissioners, create--------------22, 24, 51 SB 149--Malt Beverages; referendum on sale of----------__------_..__------204 SB 156--Stone Mountain Memorial Association;
retirement system------.___....._------__------------........_----......... 14, 189, 228 SB 157--Employees Retirement System; increase contributions...----14, 1116 SB 167--Investments; municipalities and counties....._._415, 418, 593, 1320, 1350 SB 169--Elevators and Escalators; provide for inspection..... _._....._.------227 SB 172--Bibb County; senatorial district, change
division lines...._----------------------10, 305, 310, 350, 632, 1348 SB 173--Local Affairs of General Assembly; provide office for--------------10 SB 174--Alcoholic Beverages; prohibit sale of within 500 yards
of churches and schools._........._.....______..,,__------_--------10 SB 175--Hospital Authorities Law; amend----------------18, 23, 36, 40, 51, 104 SB 176--Public Works Contracts; supervisor of purchases
to conduct...------------..----------18, 23, 188, 226, 265, 1102, 1130, 1348 SB 177--Bribery; redefine.....-.--._.._...----------------------.18, 23, 281, 335, 337 SB 178--Auditor's Reports; filing
of exceptions.-.----.---------------22, 40, 110, 119, 156, 1273, 1348 SB 179--Insurance Contracts; security of
lien holder......._--......__..__--------...........22, 40, 135, 147, 178, 270, 1348 SB 181--Public Meetings; governing bodies.--.------------37, 48, 189, 230, 265 SB 182--Game and Fish Commission; amend act creating.......----____----.37, 48 SB 183--Judges, Superior Courts, Emeritus; amend act creating.------37, 49 SB 184--Judges, Superior Courts, Emeritus; amend act creating_..----37, 49 SB 185--Atlanta, City of; board of education to
employ counsel----------..__37, 49, 110, 136, 178, 599, 624, 1097 SB 186--Advertising, fraudulent; unlawful to promote--..37, 49, 335, 337, 377 SB 187--Interstate Compact on Mental Health;
State of Georgia be party to--------------..-..-..38, 49, 134, 148, 1348 SB 188--College Park, City of; paving of streets._.----38, 49, 110, 136, 178 SB 189--College Park, City of; candidates for mayor
and councilmen--------__------38, 49, 110, 134, 136, 178, 642, 1348 SB 190--Georgia State Scholarship Commission;
create -.------..38, 50, 134, 148, 291, 737, 949, 987, 1275, 1318, 1348 SB 191--School Prperty Tax; equalize in each
county ----38, 50, 109, 119, 282, 283, 305, 321, 632, 757, 758, 1348 SB 192--Georgia Milk Commission; gifts or sales to schools----------..._--45, 54 SB 193--Water Quality Control; create in Department of Public Health -45, 54

1396

INDEX

SB 194--Public Sales; time of holding...---_,,...------___------------45, 54 SB 195--Powers of Sales; amend act..---__-45, 55, 205, 228, 334, 337, 377 SB 196--Sales of Property; amend time period__--_.__..._-_--------45, 55 SB 197--Game & Pish Commission;
revise laws.._._..--.--------------------46, 55, 189, 227, 265, 1273, 1348 SB 198--Educational Improvement Council,
Georgia; create.-46, 55, 110, 118, 177, 190, 191, 214, 457, 585, 1348 SB 199--Alcoholic Beverages; furnish confiscated
sugar to schools......_____--.._.._____-___-53, 65, 204, 227, 265 SB 200--Banking; selling and issuance of checks, drafts and
money orders _._______. 53, 65, 280, 286, 321, 599, 761, 774, 982, 991, 1097 SB 201--Automobile Tags; permanent license plates.--.- ... ..----.. 62, 106, 656
SB 202--Malfeasance; indictment of county public officers------------------------__-63, 107, 205, 228, 365, 656
SB 203--Malfeasance; state official appear before grand jury--.-----_____----.--------------------------63, 107, 656, 987
SB 204--Tybee, Town of; mayor and councilman----63, 107, 366, 483, 628, 657 SB 205--Elections and Primaries; regulation of federal,
state and county----------.------------------.------------------. 63, 107 SB 206--Recreation, Outdoor; invitees
and licenses.---------------------104, 132, 225, 282, 283, 978, 987, 1019 SB 207--Pickens County; commissioner of roads
and revenues--------------------104, 132, 135, 174, 178, 241, 266, 982 SB 208--Private Property; prevent removal of plants and trees--104, 132, 982 SB 209--Pulton County; fire
department pensions._--------104, 132, 135, 175, 178, 632, 762, 1163 SB 210--Board of Corrections; bear cost of trial for
inmate __.....--___....--___._..._.----------127, 170, 190, 191, 214, 1273, 1348
SB 211--Roswell, City of; corporate limits--127, 170, 189, 190, 214, 1100, 1348
SB 212--Felonies; provide for sentences------127, 170, 282, 315, 350, 992, 1348
SB 213--Misdemeanor Punishment; jurisdiction of sentencing court ------------.--------------------127, 170, 282, 317, 350, 993, 1348
SB 214--Board of Pardons & Parole; parole certain misdemeanants .--...--------_..--------127, 170, 282, 316, 350, 991, 1348
SB 215--Board of Corrections; no authority county facilities ------.------.----------------127, 171, 282, 321, 350, 992, 1349
SB 216--County Prisoners; confinement of----128, 171, 306, 309, 350, 992, 1349 SB 217--County Prisoners; good time
allowance --_--------------------..----..128, 171, 306, 322, 350, 992, 1349 SB 218--County Prisoners; concurrent
sentences----------------___-128, 171, 306, 309, 350, 992, 1074, 1349 SB 219--Board of Corrections; statutory good time
allowance.----.------------------128, 171, 306, 319, 350, 993, 1313, 1349 SB 220--Felons, Probation of; fine...----__-128, 171, 306, 319, 350, 992, 1349 SB 221--Board of Pardons & Paroles; revoke
certain paroles _.....----.----------....--128, 171, 306, 320, 350, 992, 1349 SB 222--Congressional Districts; designate counties----------------..--129, 171 SB 223--Department of Public Safety; officers
in battalion _.......___.__._____.____168, 186, 305, 340, 377, 1312 SB 224--Pharmacy; regulate practice of----_____--.168, 186, 333, 340, 377 SB 225--Board of Pharmacy; revocation of
permits---__._.._._____.__--168, 186, 333, 372, 445, 1273, 1349 SB 226--Assessments; collection of for street improvements----------168, 186 SB 227--Estate of Female Spouse; power to pledge
as security ...._.----........_.__.....____.______~_--------_-168, 187

INDEX

1397

SB 228--County Funds; disposition of____...._...168, 187, 334, 373, 401, 1167, 1349 SB 229--McDuffie County; commissioner of roads
and revenues----------------------182, 201, 250, 251, 291, 642, 988 SB 230--McDuffie County; commissioners of roads and
revenues, create....--_____________________________-- 182, 201, 250, 251, 291, 642, 988 SB 231--McDuffie County; change sheriff to
salary system ..------------------..----182, 201, 251, 252, 291, 642, 988 SB 232--School Buses; display lighted
headlamps ------------.....------....---- 183, 201, 305, 312, 350, 1166, 1349 SB 233--Georgia Administrative Procedure Act;
create ______________-------------..169, 187, 334, 350, 377, 1168, 1191, 1349 SB 234--Scientific Data; unlawful to wrongfully take ______ _____________ 183, 201 SB 235--Juvenile Courts; procedure for establishing----------------.183, 201 SB 236--Federal Tax Refund; surviving
spouse------------------------_.183, 201, 224, 231, 236, 1168, 1187, 1349 SB 237--Georgia Professional Association Act; amend __________ ________ 183, 202 SB 238--Drivers' Licenses; change age limit requirements _______ 184, 202, 305 SB 239--Alcoholic Beverages; second or subsequent conviction __________ 200, 224 SB 240--Alcoholic Beverages; conviction for possession of
non-tax paid alcohol--------_______________________ 200, 224, 662, 981, 987 SB 241--Georgia Farmers Market Act; redefine
bonds--------------------_______________ 217, 245, 280, 283, 321, 692, 988 SB 242--State Ports Authority Act; redefine
bonds--------.------__------.----------....217, 245, 280, 287, 321, 692, 988 SB 243--State Penal and Rehabilitation Act; redefine
bonds--..-_______--______----...--------217, 245, 280, 287, 321, 692, 988 SB 244--State Hospital Authority Act; redefine
bonds------ _.____--_--------------------217, 245, 280, 288, 321, 692, 988 SB 245--Jekyll Island-State Park Authority Act; redefine
bonds-_--------___--------------------217, 245, 280, 288, 321, 692, 988 SB 246--University System Building Authority Act; redefine
bonds.----------------------------------218, 245, 281, 288, 321, 692, 988 SB 247--State Office Building Authority Act; redefine
bonds.......--------------------------------218, 245, 281, 288, 321, 692, 988 SB 248--State School Building Authority Act; redefine
bonds.------------_------------------...218, 245, 281, 289, 321, 692, 988 SB 249--Stone Mountain Memorial Association Act; redefine
bonds--------------_------218, 246, 415, 422, 445, 1102, 1208, 1349 SB 250--Coweta Judicial Circuit; appoint assistant solicitor
general--.--....------------------------218, 246, 281, 289, 321, 405, 1349 SB 251--Congressional Districts; counties in----------------.,,,,----.......218, 246 SB 252--Roswell, City of; corporate limits____219, 246, 307, 484, 628, 1100, 1349 SB 253--Commission on Local Government; create------------------ --.241, 278
SB 254--Tax, Ad Valorem; goods in transit and storage-------.------------------------ .... 241, 278, 306, 395, 445
SB 255--Boats; amend act concerning operation of....-------------------------.--.--..-- 242, 278, 306, 320, 350
SB 256--Osteopathy; define practice of --____----_________________________ -.,,____ 242, 278
SB 257--Young Harris, City of; council members.----------------------------. --------. 271, 299, 366, 484, 628, 1211
SB 258--Fannin County; commissioner of roads and revenue, audit..--....------------.------------- 271, 299, 366, 484, 628
SB 259--Alcoholic Beverages; prohibit advertisement of ____. .... _ 271, 299, 662
SB 260--Automobile Tags; license plates, inscription of . ---- ._._. -- 271, 299

1398

INDEX

SB 261--Automobile Tags; appearance of license plates ..---......._ 272,299 SB 262--Roswell, City of; date of general
election-----------_----------------272, 299, 366, 485, 628, 1100, 1349 SB 263---Alcoholic Beverages; special retail licenses ------------------. 272, 300 SB 264--Automobile Tags; special tags for Georgia National
Guard members.-...---------------._.------_.--------------.----.272, 300 SB 265--Professional Service; redefine.--.........--.--------272, 300, 737, 948, 987 SB 266--Solicitor-General; must be member of State
Bar ....... ._....._..__-----------272, 300, 415, 428, 445, 1219, 1220, 1349 SB 267--Judges, Superior Courts; must be members of
State Bar-....--.........___-.....-273, 300, 415, 428, 445, 1220, 1222, 1349 SB 268--Georgia Board of Floral Designers; create--.___.__.______...273, 300, 619 SB 269--Bad Checks; issuance of-......-.........---__----......----------__...273, 300 SB 270--Seminole County Superior Court; change
terms....______.............____.......273, 300, 307, 367, 401, 642, 1349 SB 271--Prisoners; hospital care for
tuberculosis______................273, 301, 333, 373, 424, 593, 992, 1349 SB 272--Uniform Commercial Code; amend--______.__--___._.. 295, 329, 365, 396, 445 SB 273--Schools; county boards of education provide
transportation----..------------------------295, 330, 619, 626, 685 SB 274--Vehicle Equipment Safety Compact; Georgia be
a party to...__....___.----_.----.295, 330, 367, 374, 396, 445, 1275, 1349 SB 275--Alimony permanent; revise on change in
husband's income..--_----_.-_--....... 295, 330, 365, 374, 401, 1166, 1349 SB 276--Congressional Districts; designate composition
thereof--...----..295, 330, 362, 366, 483, 579, 594, 628, 1105, 1137, 1149, 1157, 1343, 1344, 1345, 1348, 1349
SB 277--Banking; amend laws concerning private banks.----------. -- .. 296, 330 SB 278--Atlanta, City of; vacancies on board of
aldermen------.--------------296, 330, 366, 485, 628, 1225, 1319, 1349 SB 279--Dispossessory Warrant; storage of
property ------------_.--------...296, 331, 365, 376, 401, 693, 767, 1349 SB 280--Property; classification of for taxation and
revenue.--..---------------------..296, 331, 365, 374, 401, 1320, 1349 SB 281--Solicitor General Retirement Fund; credit for service
in armed forces.....--------. 296, 331, 481, 625, 631, 958, 987, 1166, 1349 SB 282--State Employees Retirement System; change provisions
former employees----- 327, 363, 446, 481, 626, 685, 1149, 1158, 1349 SB 283--Georgia Science Commission; create---327, 363, 418, 586, 1320, 1349 SB 284--Assault and Battery; children under age 14------. ----._ ----.......327, 363 SB 285--Automobile Liability; owner responsible..........------------ 328, 363, 417
SB 286--Austell, City of; corporate limits..... 328, 364, 798, 802, 987, 1101, 1349
SB 287--Water Quality Control; provide for--_..-..._......--------...... 328, 364, 987
SB 288--Fulton County; consolidate offices tax receiver and tax collector--------.------.------ 328, 364, 480, 485, 628, 1274, 1349
SB 289--College Park, City of; amend charter---------------------------328, 364, 480, 486, 628, 1320, 1349
SB 290--Motor Vehicles; prohibit installation of television sets ----------------------_....--------__...._..--------..- 328, 364, 416
SB 291--Atlanta, City of; public accommodations.----..----.- ... ............329, 364 SB 292--Guardians, appointment of; deaf, insane and dumb
persons --__---------..--------------.--------_--_--...--....... 356, 389 SB 293--Perry, City of; numbered city council
posts------...__-------------_----__--356, 389, 480, 486, 628, 1100 SB 294--Recording Procedure; mortgages, deeds to secure

INDEX

1399

debt----------------------------356, 389, 482, 622, 628, 1168, 1190, 1350 SB 295--Powder Springs, City of; corporate
limits--------__.___--------356, 389, 483, 486, 628, 1102, 1117, 1350 SB 296--Motor Vehicles; punishment for larceny of-.-357, 389, 659, 956, 987 SB 297--Department of Public Safety; salary of radio operators
and license examiners----------------------------------357, 390, 416, 424 SB 298--Bonds; sheriff's refusal to accept upon certain con-
ditions--._----------------------------.......--._______357, 390, 415, 446, 593 SB 299--Motor Common Carriers; exempt wreckers--------------------357, 390 SB 300--Sales and Use Tax Act; certain
exemptions.-.-..-------------------------357, 390, 480, 592, 628 SB 301--Assault and Battery; physician report injuries
of child under 14 to police.------..----------------------------383, 410 SB 302--Polk County; right to condemn private property for
watershed projects------------------383, 410, 480, 486, 628, 1212, 1350 SB 303--Cedartown, City of; primary elections
expense----.--------------_--------383, 410, 480, 487, 628, 1212, 1350 SB 304--Private Ponds; owners excluded from Game and Fish
Commission---- ......--------------___. 383, 410, 479, 593, 737, 958, 987 SB 305--North Georgia Mountains Commission; issue
revenue bonds ----------------_------357, 390, 435, 482, 593, 1101, 1350 SB 306--State Employees; time off
to vote.-.--------------..---------...383, 410, 483, 591, 628, 1149, 1159, 1350 SB 307--Public Schools; physical education
required ... ......... _....----.... ----..------------...._. ... 384, 411, 619, 770, 987 SB 308--Motor Vehicles; special license tags to members of U. S.
Coast Guard Auxiliary.--------.--.-.... -- ----------....-- ... . --. 384, 411 SB 309--Cooperative Marketing Association; filing of
financial reports ..------....... ------..---------- .- 384, 411, 479, 623 SB 310--Motor Common Carriers; exempt wreckers ................ . ------ 406, 475 SB 311--Voluntary Deeds to Land; recording
of--.----------------..------------------ 406, 476, 802, 981, 987, 1275, 1350 SB 312--Nursery Stock; products considered agricultural ...... __.....----... 406, 476 SB 313--License Plates; special issuance for antique
automobiles------------------------_.----------.... 406, 476, 796, 989 SB 314--Whitfield County; create board commissioners roads
and revenue..-------._-.----------406, 476, 660, 663, 716, 1101, 1350 SB 315--Richmond County; elections .-------- 406, 476, 660, 663, 716, 1101, 1350 SB 316--Richmond County; auditing county
offices--------------------------------407, 476, 660, 663, 716, 1101, 1350
SB 317--Hapeville, City of; provide sewer tax--------------------------------------407, 476, 660, 664, 716, 1321, 1350
SB 318--Hapeville, City of; employee retirement program.-------------------------.407, 477, 660, 664, 716, 1321, 1350
SB 319--Judge Superior Court, Emeritus; extend time to make contributions ----... 407, 477, 483, 624, 631, 769, 987, 1275, 1350
SB 320--Illegal Liquor Operations; raw materials to public schools------------------------------.-- - 407, 477, 948, 987, 1275, 1350
SB 321--Educational Institutions; prohibit honorary degrees, certain ones----..---------------------.----.. 407, 477, 795, 980, 1096
SB 322--Houston County; salary, clerk superior court.--___-_-----------------------459, 605, 660, 664, 716, 1100, 1350
SB 323--Houston County; salary, tax commissioner --.----_____.__.___. ____...--. 459, 605, 660, 665, 716, 1100, 1350

1400

INDEX

SB 324--Houston County; salary, ordinary^----------_____.--------.--------.459, 605, 660, 665, 716, 1100, 1350
SB 325--Houston County; salary, sheriff _____ 459, 605, 660, 665, 716, 1100, 1350 SB 326--Corporations, Chartering of; shares of
stock-------------.----------------.----------..459, 605, 659, 961, 987 SB 327--Peace Officers' Annuity & Benefit Fund;
create _----..___.---_--_--_--____---.__------------460, 606, 802, 951, 987 SB 328--Tow Trucks or Wreckers; Code chapter 68-602 shall not
apply ............--_..........--._----_____------._--_--------..----------460, 606 SB 329--Alpharetta, City of; corporate
limits.------.--------..----_----------.460, 606, 660, 666, 717, 1321, 1350 SB 330--Motor Carriers; tow trucks and wreckers not included--------... 460, 606 SB 331--Stone Mountain Memorial Association Act; regulation
of traffic _____.... ,,..__._ ______________ ___.._...._ ..____.....___........----------460, 606, 795 SB 332--Milk and Milk Products; regulate sale--___________________________________ 460, 606 SB 333--Alcoholic Beverages; license for sale of, certain
counties.----------------------_------------------------461, 607, 663, 680, 681 SB 334--College Park, City of; corporate limits......461, 660, 666, 717, 1320, 1350 SB 335--Dougherty Judicial Circuit; create------..----.--_.-------- ----461, 607 SB 336--Alcoholic Beverages; prohibit consumption on publicly owned
property _.___.,,------------------......__--------------------___461, 607 SB 337--Ordinary, Qualification of; certain counties........461, 607, 660, 666, 717 SB 338--Motor Vehicles; length and weight, use of
public highways ___________________________462, 607, 735, 769, 772, 987, 1276, 1350 SB 339--Marietta, City of; change corporate
limits------------------------------462, 607, 660, 667, 717, 1100, 1350 SB 340--Voting Recorders, Tabulating Machines;
certain counties ____________ ,----------______600, 655, 798, 804, 987, 1212, 1350 SB 341--Accountants, Certification of; application
fee -----.------------------------------600, 655, 796, 959, 987, 1273, 1350 SB 342--Joinder of Claims; relating to____------___________600, 656, 659, 987, 988 SB 343--Colored Taxpayers; certain statistical information __________________ 601, 656 SB 344--Colored Taxpayers; certain statistical information--_____________ 601, 656 SB 345--Bibb County; construction, maintenance roads,
bridges_________________------------------------._____ 601, 656, 798, 805, 987, 1101 SB 346--Sales & Use Tax Act; exempt certain agricultural
machinery _________________________________________________----.--------.----------...643, 705 SB 347--Insurance; statement of cancellation of policy
furnished by insurer_----.------------------._--,,_...._--._--._.__.--....643, 705 SB 348--East Point, City of; mayor's
secretary----------..--------___________________ 643, 705, 798, 805, 987, 1321, 1350
SB 349--Teachers' Retirement Fund; salary deduction^ ...... ----_............--643, 705, 795, 960, 987, 1211, 1219, 135Q
SB 350--Fulton Civil Court; retirement fund-.--------.....--.-----------643, 706, 798, 806, 987, 1321, 1350
SB 351--Voting Records and Tabulating Machines; certain counties...------..._._.--------------644, 706, 798, 806, 987, 1212, 1350
SB 352--Commerce, City of; add two members to board of education--..__------------------644, 706, 798, 807, 987, 1270, 1319, 1350
SB 353--Claims Advisory Board; prohibit fees and gifts.----------_.........--_--------._----_-__--_...._- 644, 706, 795, 1045, 1096
SB 354--Motor Vehicle Licenses; seasonal agriculture hauling-.........------.--.....----_._..------695, 727, 1016, 1046, 1096
SB 355--Timber Removal; notice to abutting property owners ... 695, 727, 737

INDEX

1401

SB 356--East Point, City of; amend charter-.--------------------------695, 727, 799, 805, 987, 1321, 1350
SB 357--State Funds; expenditure of, fiscal explanation ..--...__.._ ____..._._ 696, 727 SB 358--Innkeepers; refusal to accept certain guests _.___.._._._.._. 697, 728, 1016 SB 359--Richmond County; board of education, terms of
office---....-----------.------722, 790, 1017, 1020, 109G, 1212, 1350 SB 360--Blanket Permits; allow certain motor vehicles to exceed width
limit.------...----722, 790, 798, 1047, 1096, 1278, 1281, 1322, 1335, 1350

SENATE RESOLUTIONS
SR 47--Tax Exemptions for persons paying certain educational expenses^--_--_------_..----.----_--_--_...--_----__---------------------- 294
SR 89--Sub-standard Dwellings; exempt from taxation................._.._....__._--.._. 14 SR 132--Notifying House that Senate has convened.--------_--........ ...........-------- 10 SR 133--Senate Rules; adopt----------------.------------------.------.-- ..--------.11 SR 134--Senate Attaches; appointment and compensation..... .......... ............ 11 SR 135--Pannell, Hon. Chas. A.; commend----_.._.----....------------ .12, 25, 36 SR 136--Thrasher, Hon. B. E., Jr.; express regrets at passing................12, 25, 36 SR 137--Noble, Senator Roy; wish speedy recovery----------------------------__13 SR 138--Joint Session; to hear address by Dr. Edward R.
Annis--__._--------...------..--..._----._.___--__________________ 13, 25, 36, 60 SR 139--Poet Laureate, Mrs. A. W. Bramblett, Sr.; confirm
appointment-----__--------_.----.18, 23, 134, 148, 178, 356, 377, 1350 SR 140--Senate Rules; amend--------------------------------------.------------.17 SR 141--Classification of Inventories for ad valorem tax--.----. -- . 23, 40, 368 SR 142--Baldwin County; streets and
sidewalks--.------------.--------_.----.------38, 50, 189, 255, 994, 1351 SR 143--County Taxation; for education.------------------.39, 50, 432, 482, 593 SR 144--County Schools; debts incurred------------....._.----39, 50, 109, 111, 156 SR 145--County Boards of Education; method of
electing......-..---._.----------------..--------.----...........39, 50, 109, 257 SR 146--Scholarships; paramedical field,
create-..------------------------39, 51, 109, 115, 156, 995, 1188 SR 147--Wayne County Industrial Development Authority;
create___...__----------------------------54, 66, 135, 142, 178, 457 SR 148--Federal Internal Revenue Code; General Assembly to incorporate
provisions...__------.--.-.--------------.------54, 66, 188, 229, 305, 341, 378 SR 149--Electors; qualifications--._--------------------------------54, 66, 109, 117
SR 150--Russell, Hon. Richard B.; extend invitation to address General Assembly------------------------------_--_.------------------..... 109, 156, 200
SR 151--Talmadge, Hon. Herman E.; extend invitation to address General Assembly----------------.._................................--._--..._............... 109, 156, 200
SR 152--Senate Committee on Economy, Reorganization and Efficiency in Government; amend.....................--...105, 132, 134, 176, 178, 1320, 1351
SR 153--State Department of Education; method of selection--....------._....----------------_...105, 133, 334, 345, 354, 378
SR 154--Chatham County; widen U. S. Highway 17....... 105, 133, 304, 305, 350
SR 155--Sixth Congressional District; name for Hon. Carl Vinson ... 129, 172
SR 156--Senate Rules; amend-- __----___----..----------.......-....._.........___.._. 129, 172
SR 157--Joint Committee; to study work release plans in other states; create----------_------------------------.--------------129, 172, 1206

1402

INDEX

SR 158--Public Transportation System; metropolian areas of

Atlanta__--------------------169, 187, 305, 313, 350, 1220, 1335, 1351

SR 159--Trucks; weights and lengths.------------------...... ______________ 184, 202

SR 160--Liquor Tax; distribution of------..-_..__...____.__..--------..... ......184, 202

SR 161--Interstate Highway; connecting Ft. Benning, Warner Robins and Ft.

Gordon----------------------..----..---------------184, 202, 305, 310, 350

SR 162--State School Superintendent; appointment by State Board of

Education-.___,,___----------------.

200, 224, 349, 366

SR 163--Spalding County; improve unincorporated

areas--------------------------...-219, 246, 394, 502, 628, 1275, 1351

SR 164--General Assembly; request presiding officers to convene Senate and

House at same time----------------------.----------___--_--------._-- 304

SR 165--Senate Pages; provided for from Paul Anderson Youth

Home._--------------_----------_--__......... --------.._-------- 335, 372

SR 166--Homestead Exemption; increase for persons over 65 years

old--------.-___---------------.--.-----------..--_. .-.--.242, 278

SR 167--Senate Rules; amend--------------------------------242, 278, 305, 334

SR 168--Chatham County; athletic functions of public schools.----.--.--273, 301

SR 169--County Boards of Education; contracts for purchase of transportation

equipment......-----------------------------------273, 301, 394, 397, 446

SR 170--Workmen's Compensation; county boards of education provide

for--------...--.------------------.274, 301, 334, 424, 593, 1334, 1351

SR 171--Emanuel County; conveyance of certain

land.-..----..-------_------------------........ 274, 301, 334, 371, 401, 1351

SR 172--County Officers; removal of by recall

election--.-----__------------ _--------274, 301, 334, 400, 446

SR 173--General Assembly; change method of reading bills----------274, 301

SR 174--Smith, Senator Stanley E. Jr.; congratulate...------.--..--------304

SR 175--Ad Valorem Tax; exempt certain items of personalty .._ 178, 274, 301

SR 176--Inventories; classify for ad valorem tax purpose.------.-...- --274, 302

SR 177--Federal Savings and Loan Association; relative to ........-..-- 329, 364

SR 178--Geer, Lieutenant Governor Peter Zack and Senator James P. Wes-

berry congratulate------------------_----_--------------.... ...------ 305

SR 179--Honesty Code; propose for public officials ------....-- . . ..... 329, 365

SR 180--Barrow County; levy tax to promote

industry..........----...--------------_ 329, 365, 482, 504, 628, 774, 1167, 1351

SR 181--Senate Rules; amend.-----------------------------------------329, 365

SR 182--Sloan, Hon. Robert A.; congratulate--------------.-.---..--------372

SR 183--Vocational Technical Schools; conduct study for development ... 335

SR 184--Swearingen, Hon. Robert Lee, Sr.; commend.. ............... ........ 335

SR 185--Lumpkin County; appointment of county school

superintendent..--------------_-----.------..-.. 358, 390, 738, 774

SR 186--American Legion; commend--------.----------------------------- 372

SR 187--Berrien County; additional member board of

education ......----------.---- ----..,,--.. 384, 411, 482, 506, 628, 1168, 1204

SR 188--Warner Robins Development Authority;

create---------......-- ...----..-- ----384, 411, 482, 508, 628, 1167, 1351

SR 189--Personal Property; in transit or storage;

classification..---------------------.. ----------385, 411, 795, 1084, 1096

SR 190--Houston County Development Authority;

create----...------------.-------..------ .. 385, 412, 482, 629, 1167, 1351

SR 191--Honesty in Government; create commission --....._.... . ----... 385, 412

SR 192--Austeil, City of; issue revenue bonds-----.......----------.---------_.------- 385, 412, 482, 512, 629, 1167

SR 193--Request to Congress; relative to reclaiming of lost land _ .------ 417

INDEX

1403

SR 194--Gordy, Mr. Arthur P.; express regrets at passing._.._.------..-------383

SR 195--State Board of Probation; commend .._..___...--------...._._._.------____ ....._621

SR 196--Floyd County; issue obligation

bonds........ ....._.--....._....._ -.-.---- 462, 607, 662, 740, 774, 1167, 1351

SR 197--Macon, City of; armory for Georgia National

Guard........-....----_.._------------_. 462, 608, 735, 952, 988, 1166, 1351

SR 198--Bibb County; convey certain

property.------.------.--..-- .._..--...462, 608, 735, 952, 988, 1166, 1351

SR 199--Macon, City of; city-county ad valorum tax

office.--..-- ----------_--------.._...._...462, 608, 795, 842, 988, 1167, 1351

SR 200--Cobb County; create office county medical

examiner----.....----.....----_. .._.._.... ...463, 608, 735, 744, 774, 1168, 1351

SR 201--Georgia Tech; investigate withdrawal from S. E. Conference--.. 601

SR 202--Committee Interim Study on Traffic

Safety;---..--...------------------601, 795, 1046, 1096, 1211, 1223, 1351

SR 203--Brunswick Judicial Circuit; librarian furnish books to

judge..---- ..------...----........_._....--...... 602, 799, 806, 988, 1166, 1351

SR 204--Minimum Wages; $1.00 per hour................ ..... ....... .... ... ... ..... 602, 657

SR 205--Adamson, Terry, of Calhoun High School; commend--.._--------......620

SR 206--Taylor, Mr. Thomas B.; commend-------.------....------.-...--------620

SR 207--Galloway Gardens; relative to ----......--_...------_...........__.............. 620, 774

SR 208--Rogers, Mr. Ernest; commend.. ............ .. .. - ... ..._.._. ....--.. 621, 774

SR 209--Atlanta-Buckhead Red Devils Football Team; commend ..__. .---- 620

SR 210--Senate Rules; amend.--------------------.--------...-.----..-..-696, 728

SR 211--Agriculture & Natural Resources Committee;

relative to.----......----..------_.........----..... ......... .......... ....... 723, 790, 1340

SR 212--Plunkett, Mrs. C. E.; express regrets at passing........----.....------.... .774

SR 213--Atlanta Region Metropolitan Planning Commission; meetings----1119

SR 214--Weather Reports for North Georgia Mountains; request to

news media.-------------------------------------------- ----.__----1119

SR 215--State Parks; convert one or more into winter resort--------1119, 1213

SR 216--Towns County Lions Club; commend-.--,..-------- .._..-------- 1119

SR 217--Telephone Company; express appreciation to..----------.------ ---1119

SR 218--Rome, Georgia Boys Choir; express appreciation to.... -- -... .-- ..--1119

SR 219--Tax Study Committee; create---...------------------1002, 1113, 1173

SR 220--Appling, Luke; congratulate on being voted into baseball Hall of

Fame ......__.......__--.....-____.........._.--------.------.....,----.......-..---......-1119

SR 221--Boynton, Clyde A.; congratulate ._..._--_..--------.......------ ------1119

SR 222--Sons of Confederate Veterans; welcome national convention .--...1119

SR 223--Committee, Interim; to study alcoholic beverages... ...,,..----...--1120

SR 224--American Bar Association; extend welcome to regional meeting 1341

SR 225--American Bar Association Program against Communism;

commend .----.----.....----.....----------------.. -------- ._._.------ .........1341

SR 226--Traffic Court Program of American Bar Association;

commend .--.__.._--_.._. --.--..--------_--------.---- ..........----. ._..---- . 1341

SR 227--Wilson, Hon. Frank; express regrets at passing . . . . ..--... . 1213

SR 228--Natural Resources of State; authorize State Department of Mines and

Geology to make survey------------. ................_...... --....... .......1213

SR 229--Hosch, Hon. J. Alton; commend ......... ............ .

.. 1213, 1341

SR 230--Middle Georgia College; request Regents to establish 4

years--.--.----_------..------. --------------......-------- ........__..... 1213, 1341

SR 231--Ray, Hon. Jack B.; Young, Hon. James E.; Hamilton, Hon. George B.; express appreciation to........---- .... ......... --......... . . .............. 1341

SR 232--Legislative Counsel; express appreciation to ......... .... -...-.- 1341

SR 233--Macon Telegraph and Macon News; express appreciation to .,,......-1341

1404

INDEX

SR 234--Jenkins, Chief Herbert, Atlanta Police Force; express appreciation

to _____-_____________.._---------------.------ ..--

1213, 1341

SR 235--Fortson, Hon. Ben W,, Jr.; and Hon. Joe N. Burton; express

appreciation to.------_.__.--_.--------.--...----___.--__.____----,,..-- --...1341

SR 236--Clegg, Dr. Charles R.; express regets at passing------------1342

SR 237--Nursing Homes; create committee to study--------------------1342

SR 238--Rapid Transit Study Committee; amend resolution creating--_____1342

SR 239--Copp, Walter M.; express regets at passing _--.----.-..--_______.....1342

SR 240--Senate Rule 206-A; amend..___.....___....-_----__-__---- -- _...._..------._ 1342

SR 241--Senate Interim Affairs; relating to..__-._____._..--_._--_-- ___________........1343

SR 242--Lieutenant Governor and Secretary of Senate; reimburse for certain

expenses _____________________.....----_.,,__-__---_----_-----------..--_--------1342

SR 243--American Hemerocallis Society; commend Valdosta chapter .___..___1342

SR 244--Conner, Colonel Lowell H. and Trooper Raymond O. Davis;

commend ---------- -- ---- ,,__.__.._......_.._------___._..---- -------------- 1342

SR 245--Teacher Tenure; create interim committee to study ._ __ _..__.__-- 1342

SR 246--Legislative Counsel; express appreciation to..--~------._------_------1342

PART III

HOUSE BILLS AND RESOLUTIONS

HOUSE RESOLUTIONS

HR 56--Johnson, Julius W.; compensate-. .----994, 1002, 1112, 1276, 1331

HR 60--Patton, J. F.; compensate ----_.._...-..._.__._.._448, 470, 614, 662, 963, 1210

HR 79--Banks, E. W.; compensate----------.-448, 470, 614, 662, 964, 1210

HR 80--Clarke, C. W.; compensate------------448, 471, 614, 662, 966, 1210

HR 127--Cleveland, Oley P.; compensate----...-- 448, 471, 614, 662, 967, 1210

HR 149--Collins, Mr. and Mrs. James; compensate-994, 1002, 1112, 1277, 1323

HR 157--Cranford, Bonnie J.; compensate.-....--448, 471, 614, 1113, 1154, 1274

HR 177--S. Ernest Vandiver Mental Health Center; designate _____.. _._.___ 15

HR 178--Sommers, William C. Jr.; compensate----449, 471, 614, 662, 968, 1210

HR 184--License Fees for Businesses; counties to

assess----------.----------------.---103, 106, 134, 395, 429, 1105

HR 195--Trout, Monte F.; compensate.-------------.994, 1002, 112, 1277, 1324

HR 197--Cobb County; business licenses ._.__.....___________ .------_----_. 619, 746, 1102

HR 200--Kane, Paul T.; compensate--___._.____----_._._._ 993, 1003, 1105, 1277, 1329

HR 202--Horton, Cyrus W., IV.; compensate ..... _. ..-448, 471, 614, 662, 970, 1210

HR 256--Nimmer Chevrolet Company;

compensate---------------....._-------- 449, 471, 615, 662, 971, 1210

HR 295--Notifying Senate that House has convened _____.. ..... .__...... 9

HR 296--Notifying Governor that General Assembly has convened _ _. . 9, 13

HR 299--Joint Session; to hear message from Govenor _.._._.

_. ._ _. 10, 13

HR 300--Joint Session; to hear an address by Dr. Billy Graham . .... 10, 13

HR 301--Joint Session; to elect State Auditor'.... ........_.._....

...... 10,14

HR 309--Georgia Institute of Technology; express appreciation to .. .. 17

HR 310--Open House for General Assembly at Athens, express appreciation

for -------------------- ----..-------- ----.._----. --- ................ 17

HR 315--Bell, Miss Beverly; commend ._..__. ........ ... .... ... ........._...... 17,18

HR 316--Savage, Hon. John Carter; pay tribute

-

17, 18

HR 317--Joint Session; to hear an address by Major General Earl C.

Hedlund -._------... ------...__------.____... - ------ ---------.------------ 17, 18

HR 320--Macon County; transfer of certain

property---------------.---------..-. _.. 324, 361, 391, 619, 738

HR 321--Moore, Lawrence; compensate-------- 993, 1003, 1105, 1277, 1328

HR 323--Oemler, Mrs. Isabelle C.; compensate

993, 1003, 1106

INDEX

1405

HR 324--Pulton County; create office of Medical Examiner.--------------------------------- 198, 222, 249, 366, 514
HR 326--Houck, Mr. James M.; compensate.------_449, 471, 615, 662, 972, 1210 HR 329--Whitley, Hon. James; express regrets at passing ______________________ 36 HR 332--Aired, Homer C.; compensate-_______________ 449, 471, 615, 662, 974, 1210 HR 333--Gillis, Jim L., Sr., Bridge; designate.----- _________ 294, 297, 332, 416, 438 HR 334--Red Meats; urge Congress to protect domestic production of----44, 45 HR 339--Black Rock Mountain State Park; lease land ___ 295, 297, 332, 619, 1097 HR 341--Holmes, J. D.; compensate------...-----..449, 472, 615, 661, 975, 1210 HR 342--Election Laws Study Committee; compensation for certain
memberS----.__._------_----------------.--------.104, 106, 134, 482, 590 HR 344--Constitution Revision Commission; compensation of
members----__------------..------------993, 1003, 1106, 1173, 1332 HR 347--Vinson, Hon. Carl; commend --........-- .--___..__--.--------..---------- 53 HR 348--Parker, Alfred B., compensate-__________ ____449, 472, 615, 1113, 1150, 1210 HR 349--Resources Advisory Board; appointment of member from
Georgia.-------------------------- .----------..126, 131, 174, 189, 266, 1274 HR 351--Hattaway, Mr. James E.; compensate....----.449, 472, 615, 1277, 1327 HR 352--Leaphart, J. Alvin, Sr.; designate bridge._._....___ 294, 297, 332, 416, 433 HR 355--Holy Bible; suspend sales tax----_----_----126, 132, 174, 189, 257 HR 356--Oxford, Mrs. Cynthia L.; compensate. 449, 472, 615, 1113, 1152, 1211 HR 357--Jones, Mrs. Katherine Landers;
compensate--------------------------449, 472, 615, 1113, 1156, 1211 HR 361--Thomaston, City of; water, sewerage and electric
systems.------------------------------------199, 223, 250, 395, 516 HR 362--Union Group of Insurance Companies; deliver
plaque to ______________ ______..,,_ ___..----_.__________ 355, 362, 394, 482, 590, 633 HR 363--Hancock County; appointment of school
superintendent--_------_--------------------198, 222, 249, 395, 519 HR 364--Scott, Wm. Fred, Sr. Highway;
designate--_--------------_-------------995, 1002, 1112, 1115, 1317 HR 365--Chatham County; establish fire, sewerage and water works
districts.------------_--------------------------198, 223, 249, 482, 521 HR 370--Bruce, Mrs. Louise; compensate.--------.993, 1003, 1106, 1276, 1325 HR 373--Vinson, Hon. Carl; request to reconsider decision not to seek
re-election --------------------__----------------------__--._------67 HR 375--Flood, Mr. A. A.; compensate--------------------------449, 472, 615 HR 377--Clinch County; compensate.....------------..448, 472, 615, 662, 976, 1211 HR 378--Madison County; election of board of
education.--.........---------------------------199, 223, 250, 620, 750 HR 379--Oconee County; election of board of
education------------------------------_______._____199, 223, 250, 366, 523 HR 380--Walker County Development Authority; authorize to
issue bonds..---------------------------_198, 223, 249, 366, 525, 633 HR 381--Rockdale County; increase debt
limitation--------------------------199, 224, 250, 334, 528, 633 HR 382--Camden County; provide stabilized tax
program.-.------.---------------------199, 223, 250, 366, 529 HR 383--Jones County; board of education, election of
members..-------------------------------------199, 224, 250, 395, 531 HR 385--Tucker, Hugh C. Sr., Bridge; designate.----------294, 298, 332, 417, 438 HR 386--Banks, O. H., Bridge; designate.----------------.294, 298, 333, 417, 439 HR 388--Kelly, E. Clyde, Bridge; designate--------------...294, 299, 333, 417, 439 HR 390--Whitfield County; furnish law books to..--1000, 1007, 1109, 1174, 1317 HR 392--LaGrange Development Authority;
create------------------------------324, 361, 391, 457, 472, 485, 534

1406

INDEX

HE 393--Habersham County; legal notice for local legislation.------------------.--------------__---615, 736, 876, 1144
HR 394--Brooks County; appointment of school superintendent----_-------------,,.---_--325, 361, 392, 482, 539
HR 396--Troup County Development Authority create-------------___----------_...............324, 361, 392, 482, 541
HR 397--Industrial Safety; committee to study.............722, 727, 794, 1016, 1073 HR 400--Homestead Exemption; extend to certain disabled
veterans.----.----............_....._...781, 788, 1015, 1114, 1160, 1165, 1322 HR 401--Muscogee County; homestead exemption for school
purposes ...................... ---- ...__.--.............------._..._.----._.._..----.324, 359, 390 HR 404--Medical Loans and Scholarships; credit certain
services ...-.....----_...__........................_.__...__..........778, 787, 1014, 1016, 1282
HR 406--Homestead Exemption; persons 65 years or over.....................----. .----_.--------..635, 655, 715, 795, 1086, 1212, 1228
HR 407--Tobacco; acreage reduction for certain types ----.....---_..._-- 200, 304 HR 408--Coweta County; water, sewerage and fire protection
districts ......------...------ .-----.-...--------- 324, 360, 390, 482, 547 HR 409--Stone Mountain; erection of flags .......... 324, 360, 391, 795, 986, 1105 HR 410--Hogansville Development Authority;
create...--..............-----.-----------------...... 324, 360, 391, 482, 550 HR 411--West Point Development Authority;
create ..--...._................._...--.._.........................._.... 324, 360, 391, 482, 555 HR 414--Newton County Industrial Development Authority;
create------------------------------------...----324, 360, 391, 482, 561 HR 416--Gainesville and Hall County Development Authority;
create ----------------------..,,....----------_--.694, 702, 732, 735, 878 HR 417--Dublin-Laurens County; merge school
systems-------------......................._..._.....----------382, 385, 412, 482, 567
HR 418--Richmond County; convey easements-------1000, 1005, 1108, 1173, 1317 HR 419--Lowndes County; convey certain State
property-. ..----..----------------------------------695, 702, 732, 736, 947 HR 421--DeKalb County; construction of streets------.456, 472, 616, 736, 867 HR 422--Old Post Road; designate --------------------695, 702, 733, 1016, 1155 HR 430--Clinch County Development Authority;
create ------............_...------------------.--------382, 386, 412, 482, 569 HR 431--Tallapoosa Development Authority;
create.-------------.---------.--------382, 386, 412, 620, 753 HR 432--Whitfield County; issue obligation bonds for
education.....---------.------------..--------.382, 386, 412, 483, 573 HR 433--Emanuel County; conveyance of
property----------.--.....-..--------------.....--597, 604, 659, 801, 846 HR 434--Colquitt County; election of board of
education ----.--.___....----...----------------------382, 386, 413, 483, 576 HR 436--Congressional Delegation; commend on their stand against Civil
Rights Bill.----.------------------.--.--------__----------------325, 372 HR 437--Cobb County; garbage collection.------......456, 473, 474, 616, 736, 846 HR 438--Cobb County; zoning and planning
commission..___.......__--------.__..456, 473, 474, 616, 617, 736, 848 HR 439--Maynard Mill Bridge; designate.._..------.....782, 784, 1010, 1016, 1155 HR 440--Baldwin County; off-street parking
areas --.....------------------------456, 473, 474, 616, 617, 736, 851, 1101 HR 441--Milledgeville, City of; off-street parking
areas---------------------------455, 473, 474, 616, 617, 736, 855, 1101 HR 442--Thomas County; issue obligation
bonds----..------------------------------455, 463, 474, 616, 617, 736, 860

INDEX

1407

HR 433--Waco Development Authority; create.-----------------------------_-------------455, 474, 617, 736, 862
HR 444--Loans to Students; guarantee payment of interest--------------. --------__--------......------------404, 409, 479, 1173
HR 445--Camden County Training School; change name .------.----___----------__-__--___.----...............455, 475, 618, 736, 953
HR 446--Milledgeville, City of; off-street parking areas--_-...------.___.------....-...__.----------455, 475, 618, 736, 869, 1102
HR 447--Baldwin County; off-street parking areas----------..-.----._--------....--_------------ 455, 736, 872, 1102
HR 449--Lumpkin County; board of education ----------455, 475, 618, 736, 1086 HR 450--Screven County; board of education------------455, 475, 618, 736, 883 HR 451--Pulton County; Atlanta to cooperate in construction of
stadium--........--------_____.__------------._-....----....687, 702, 733, 736, 886 HR 452--Habersham County Industrial Development Authority;
create-..------_--....--------------------454, 475, 618, 735, 887, 1144 HR 453--Atlanta-DeKalb Industrial Park; land
conveyance.---......................--__--------........--.782, 786, 1014, 1114, 1120 HR 454--Blue Ridge Parkway; extend.------------ 693, 702, 733, 1016, 1047 HR 456--Paulding County; election of board of education
members..----_------------,,---_------------....-_.... 687, 702, 733, 736, 893 HR 457--Student Loans; interest....-...----_..----------...458, 463, 618, 1016, 1213 HR 458--Thomaston-Upson County Industrial Development Authority;
create .......--------._......----...-..-----__----_..--.--.694, 702, 733, 736, 896 HR 459--School Bus Transportation; committee to
study __--_----.-_...-..--------------------- 995, 1003, 1112, 1117, 1174, 1332 HR 460--Johnson County Development Authority;
create...--....--------.-.---.--.---__....... ....... 694, 703, 733, 736, 902 HR 462--Hall County; board of education, terms ...-...-..687, 703, 733, 736, 908 HR 465--Chattooga County; board of education,
funds.-------------.-....------....---------,,---------...687, 703, 733, 736, 910 HR 467--Brunswick, City of; tax to develop business
district----..-----_--_---------------------.----687, 703, 734, 736, 911 HR 468--Toccoa-Stephens County Building Authority;
create------.---------.----------------------------687, 703, 734, 736, 919 HR 469--Stephens County; provide assessment of
property-----.........------------------.----.------.694, 704, 734, 735, 930 HR 470--Brunswick, City of; levy property tax--------. 687, 704, 734, 735, 933 HR 471--Vidalia Development Authority; extend into Montgomery
County----.------..----------------------.-..----.694, 704, 734, 735, 935 HR 472--Cobb County; incinerators ,,----------------686, 704, 734, 735, 937 HR 473--DeKalb County; contracts for use of public
facilities ._._-_...--,,--,,,,.--,,._-------------- 659, 688, 704, 734, 1016, 1229 HR 474--Walker County; fire prevention
districts.---------------------------------------------..687, 704, 735, 940 HR 475--Greene County; election of board of
education.----_----_--------__----------------------------.694, 705, 735, 942
HR 477--Camden County; tax assessors ------__.,,...993, 1003, 1106, 1173, 1231
HR 478--Porsyth County; election of board of education..-------------------------------.--997, 1003, 1106, 1173, 1233
HR 479--Forsyth County; election of county school superintendent----_..-- ...--------------996, 1004, 1106, 1173, 1236
HR 481--Pulton County-Atlanta Study Commission; extend time for making report--.----.----._,,----.._-------- 719, 726, 793,1114,1121
HR 482--Macon, City of; voters lists.--------------...-996, 1004, 1106, 1117, 1238

1408

INDEX

HR 483--Whitfield County; election of board of education------------.--------------996, 1004, 1106, 1117, 1241, 1277
HR 484--Augusta, City of; convey easement------.-.783, 786, 1014, 1016, 1121 HR 485--Laurens County; board of
education...----------------------------------.996, 1004, 1107, 1117, 1245 HR 490--Middle Georgia College; establish 4-year college----..----599, 605, 659 HR 493--Medical College of Georgia, Augusta Dental College; allocation of
funds----------.--_-----_--..----.--------599, 605, 795, 962, 1277 HR 494--Houston County; land conveyance.----------------782, 1014, 1114, 1121 HR 495--Registry of Blind Persons residing in State
compile.-----.----------------------------.996, 1004, 1107, 1174, 1333 HR 496--Floyd County; consolidation of
schools .--_--------___-_----______._.__----.--.--.996, 1004, 1107, 1117, 1247 HR 497--Laurens County; land conveyance-- .......--....783, 787, 1014, 1114, 1126 HR 498--Clarke County; election of board of education.----.-.996, 1005, 1107 HR 500--Ware County; election of board of
education----.-------.------.------------.995, 1005, 1107, 1117, 1250 HR 501--Fiftieth National Convention of American Assn. of State Highway
Officials----------------------------------1000, 1005, 1108, 1115, 1285 HR 502--Chatham County; eliminate duties of certain
officers.........-----------------------------995, 1005, 1107, 1117, 1252 HR 503--Taylor County; convey certain
property....--.--------.----------------------782, 787, 1014, 1114, 1126 HR 505--Fulton County; reactivate Local Education
Commission----------------------------999, 1006, 1108, 1173, 1178, 1276 HR 506--DeKalb County; levy tax for
sewers.--------------------------------995, 1005, 1107, 1117, 1255 HR 509--Fulton, DeKalb and Atlanta; provide additional voting
precincts-----_------_-----------------------------693, 705, 735, 845 HR 517--Sandersville, City of; tax to create new
industry----.--..-...------------------------999, 1006, 1108, 1173, 1258 HR 518--Washington County Development Authority;
create--..---------------------------------999, 1006, 1108, 1173, 1260 HR 519--Washington County; tax to create new
industry.----------------_------------------999, 1006, 1107, 1173, 1264 HR 520--Colquitt County; hospitalization
insurance----------.__--------------------------------999, 1006, 1108 HR 533--Inviting General Assembly to attend Screven County Livestock
Festival...--.-..-------------------------------------------1168, 1318 HR 544--Bennett, Hon. W. Tapley, Jr.; comend------------------------1318, 1322 HR 562--General Assembly; adjournment.------------------------ ...1348, 1351

HOUSE BILLS IN SENATE
HB 11--Chattooga County; superior clerk, salary.--------------...799, 831, 1104 HB 12--Chattooga County; ordinary's salary.------------------799, 832, 1104 HB 13--Chattooga County; tax collector's salary.--_--------------.799, 833, 1104 HB 14--Chattooga County; tax receiver's salary.----------------799, 834, 1104 HB 15--Chattooga County; sheriff's salary....--------------------799, 834, 1104 HB 16--Chattooga County; commissioner of roads and revenue,
compensation..--__-----------------.--_--------------------799, 835, 1104 HB 107--Ordinaries; close offices two half days per week------...----------...693 HB 131--State Literature Commission; declaratory
relief------------------------.---------._--325, 358, 392, 619, 953

INDEX

1409

HB 155--State Employees; deduct payments to credit unions.....----------_----------_.--------635, 644, 706, 795, 1046, 1099
HB 157--Excavation of Public Roads; notify public utilities---------_--------14 HB 162--Public Health Code; revise laws relating to------.-294, 296, 331, 798,
953, 981, 1056, 1095, 1096, 1169, 1267, 1314, 1322 HB 322--State Board of Registration for Foresters;
licenses.-----,,---------------_--_------269, 275, 302, 479, 627, 1171 HB 340--Area Redevelopment Finance Administrator;
create--------_------------------.---.----------------.15, 281, 290 HB 406--Fertilizer Act of 1960; define word
"lot".._---___--_--------------.----_------_----597, 602, 657, 1175, 1216 HB 412--Tifton, City of; sewer lines..--------------------------------1017, 1122 HB 413--Tifton, City of; commissioners' salaries----------------._. 1017, 1122 HB 432--State Board of Examiners; appeals of
psychologists--_--------.--------------..----.355, 361, 394, 481, 625, 1277 HB 452--Juvenile Court Act; change age limit making name
public._----__--.__------__..--_------_.--------------225, 232, 234, 238 HB 492--Adoption; remove certain grounds for annulment.--------------991 HB 509--Statewide Probation Act; amend.------------------325, 358, 393, 799 HB 512--Water Fowls; taking of.-----------...---------------.--...-----------15 HB 523--Lake Lanier Islands Development Authority;
amend.....-..------..------------------..----.62, 63, 107, 189, 310, 633 HB 525--Senatorial Districts; change composition of
two----------------.--..------------..-----597, 602, 657, 795, 1094 HB 542--Fiduciary; define legal status.--------------.404, 408, 477, 802, 1072, 1102 HB 613--State Game and Fish Commission; amend act creating as to
rabbits..-....--------------.----------------_----------15, 189, 191 HB 645--Delinquent children; contributing to.------.--------------...456, 463, 608 HB 658--Cobb County; create civil and criminal
court._.__.-____....___-.._.-...__--..---.._--....-------------------.197, 219, 247, 307 HB 659--Cobb County; Civil Service
Commission-.--.--------366, 368, 600, 774, 991, 1001, 1045, 1069, 1169 HB 660--Superior Court Clerks; cross reference
system..---.----....---_..------_------------------62, 63, 107, 481, 629, 991 HB 670--Alcoholic Beverages; Municipalities enact
ordinances..--------------------------------.216, 220, 247, 1020, 1208 HB 689--Real Estate Title Defects; clearance--_._..----1000, 1009, 1110, 1172 HB 692--Practice and Procedure, cross actions, limitation of
time.._._----------..--------..----..----------_------.62, 64, 107, 306, 312 HB 693--Albany Stadium Authority; amend act
creating--.--_.-------.---___--__..__--_------_. ----------.43, 46, 55, 66, 67 HB 694--Albany and Dougherty County Schools;
merge.--.......-......-----.-------------------------------43, 46, 55, 66, 68 HB 695--Mills Memorial Stadium, Albany,
conveyance.--.....-.....----------.--------.------------43, 46, 55, 66, 68
HB 696--Joint Planning Commission; municipalities and counties; establish.......--...-.----------------------------355, 361, 394, 1018, 1127
HB 697--Legitimate Children; artificial insemination--.------------.------------782, 786, 1012, 1019, 1131
HB 700--Walker County; coroner on salary in lieu,of fee----------------------_------------___..____43, 46, 55, 66, 68
HB 701--Walker County; consolidate office of tax receiver and tax collector....--.---......_._...-.----.------.--_------------------43, 47, 56, 66, 69
HB 702--Walker County; abolish fee system, clerk of superior court..----------------.__------.__------------__43, 47, 56, 66, 69

1410

INDEX

HB 703--Fulton County; create bonded debts.........__.__--.--_..--.....--__.........451, 463, 608, 1016, 1122
HB 704--Atlanta, City of; dispose of water works surplus property.--------------------------_--..-...-..636, 644, 706, 799, 807
HB 706--Atlanta, City of; duties of administrative assistant to mayor--------.._--------__----------_.--------.452, 464, 608, 660, 668
HB 707--Atlanta, City of; fire department pensions --.--------......--..----..------..--...-..-450, 464, 609, 660, 668
HB 708--Atlanta, City of; police department pensions--------_-_--.----_------------------454, 464, 609, 660, 668
HB 709--Atlanta, City of; police department pensions....------.--..-.---.--..--.--...----------.453, 464, 609, 660, 669
HB 710--Unadilla, City of; surplus property.....------......44, 47, 56, 204, 206 HB 711--Chattooga County; audit of certain
officials ___.--------------------_..--.44, 47, 56, 799, 836, 1104 HB 712--Woodbury, City of; ad valorem tax.----.--------.44, 47, 56, 110, 137 HB 713--Macon County; tax receiver on salary....__________44, 47, 56, 135, 137 HB 714--Macon County; superior court clerk,
salary..------------_------..._--.--....------.--------.44, 47, 56, 135, 138 HB 715--Macon County; coroner's salary..------...........----..43, 48, 56, 135, 138 HB 716--Macon County; sheriff's salary..------.------.------..-43, 48, 56, 135, 138 HB 717--Macon County; tax collector's salary....------------.44, 48, 57, 135, 139 HB 718--Macon County; ordinary's salary. -------.----_------ .43, 48, 135, 139 HB 719--Macon County; City Court of Oglethorpe, judge's
salary----------------------------------------------44, 48, 135, 139 HB 720--Pelham, City of; ad valorem tax....--..----..----103, 105, 133, 204, 207 HB 721--Pelham, City of; millage, educational
purposes----------------------------------------------62, 64, 108, 135, 140 HB 722--Pulton County; office of Medical Examiner,
create ._-------.-_-----------------,,.-------------636, 645, 706, 799, 807 HB 723--Political Subdivisions; make it a crime to influence
authorities--------------_--_------__------.197, 219, 246, 395, 402, 457 HB 724--Hart County; board of finance, election..----..__--.62, 108, 135, 140 HB 725--Safety Belts; manufacturer install-------------103, 105, 133, 188, 193 HB 726--Construction Contracts; rules of
interpretation--------------------------62, 64, 108, 205, 235, 270 HB 727--Griffin, City of; annexation of
property--------------------------------------61, 64, 108, 135, 140 HB 728--Griffin, City of; elections.--__------------.___,,--61, 64, 108, 135, 141 HB 729--Griffin, City of; employee's retirement---------61, 64, 108, 135, 141 HB 730--Water Quality Control and Pollution Boards;
create------------------------------778, 789, 1012, 1115, 1133, 1172 HB 732--Disabled, Totally and Permanently; eligibility for
assistance.------_--------------------158, 170, 188, 333, 1146, 1274 HB 733--Monroe, City of; close certain street--_-------61, 65, 108, 135, 141 HB 734--Monroe, City of; mayor's salary----------------..61, 65, 108, 135, 141 HB 735--Monroe, City of; election of
councilmen--..-----------------------------------.--61, 65, 109, 135, 142
HB 736--Trespassing; misdemeanor..._--------_------_-----------216, 220, 247
HB 739--Athens, City of; convey certain property------------------__..------.-----------61, 65, 109, 135, 137
HB 740--Cigars and Cigarettes; increase tax upon------._--------------__---__-------158, 169, 187, 205, 210, 216
HB 741--State Hospital Authority; limitation on bonds.------------i---------------216, 220, 247, 281, 353, 415, 427,1274

I N D E X.

1411 ;

HB 742--Sales and Use Tax; remove provision compensating dealer for

:

collecting.^.....---------------------158,169,187, 205, 211, 214, 217, 234

HB 743--Corporation Income Tax; increase.--------------.158, 169, 187, 205, 209

HB 744--Malt Beverages; increase tax upon._--------..._----158, 169, 188, 205, 209

HB 745--Revenue Tax Act; alcoholic beverages, remove warehousing :; :

regulation .._..--__.--------_--------------.--__-177, 179, 188, 205, 209

HB 746--Domestic Animals; unlawful to

:

abandon

. _ ----...___--------------126, 129, 172, 737, 1130, 1170

HB 748--Pulton County-Atlanta Tax Assessor; employ

attorney--...--....--..---..-----_.--------..--------452, 464, 609, 660, 669

HB 751--Recreation; cities and towns

supervise ._--------._.._...------...___._..----------.--103, 105, 133, 189, 235

HB 754--Atkinson County; tax commissioner's

compensation ----. ------ ...-.._. _--------------_.------ 103, 106, 133, 204, 207

HB 760--Clayton County; create civil and criminal

courts ...----------_----.----_..._.--,--_-----__._----..._..103, 106, 133, 135, 175

HB 761--Rome, City of; benefits for permanently disabled

employees----.-----.----------------.-------103, 106, 134, 174, 176

HB 774--Rabun County Superior Court; provide

secretary ..............._.__._...._....----.__------.._,....... 125, 129, 172, 204, 205

HB 775--Ellaville, City of; corporate

limits..----.................. ,,...-....._._.....---.......... .,..125, 129, 172, 204, 206

HB 776--Smithville, City of; hours for holding

elections.--...----.--_-----.-----------------125, 130, 172, 204, 206

HB 779--Liberty County Industrial Authority;

members.___--...__........__.__....._._........_..__125, 130, 172, 204, 207

HB 781--Tattnall County; preservation of family

histories.._-.___-_------._------------------------..125, 130, 172, 251, 252

HB 782--Savannah, City of; corporate

limits..................._........_.__..............._____125, 130, 173, 204, 208

HB 783--Savannah, City of; police

jurisdiction.-----.----------------------- 125, 130, 173, 204, 208

HB 784--Savannah, City of; mayor and

aldermen............__--__._--.......___.___.___.__125, 130, 173, 307, 487

HB 786--Banks and Banking; expenditure of borrowed

money-----------------_--------------__-.241, 244, 280, 417, 716,1133

HB 787--Bank Charters; application for, amount of capital

stock.----------------------__---______-216, 220, 247, 416, 436

HB 788--Pelham, City of; provide system of public

schools.-..----.--------------------..------------125,130,173,184,;2Q4, 208

HB 789--LaGrange, City of; corporate

limits--------------------------------______-182, 202, 251, 252

HB 791--Motor Vehicles; require certificate of title before

registration-------------------_._----,._- 269, 275, 302, 483, 621, 991

HB 792--Peace Officers Annuity Fund;

memberships....................._:--------_...._..598, 602, 657, 795; 1132

HB 794--Hancock County; tax commissioner's

compensation.....__----------_----------------.126, 131, 173, 251, 253

HB 795--State Building and Federal Savings and Loan Association; fiduciaries

may invest funds.------------------------------.._. 326, 358, 393, 416, 437

HB 796--State Employees; health insurance'

plan...._--_--_------...--------__------------._-126, 131, 173, 189, 257

HB 797--Uniform Commercial Code; negotiability of a

''

security.------.__._.----__------------.327, 362, 393, 415, 441, 600

HB 798--Southern Interstate Nuclear Compact; admit

;

;

Missouri.._----_....._.._..----------__.........----------------_..198, 219;. 246, 312

1412

INDEX

HB 799--Governor's Staff; permission to display membership______--.--___----______----___.------___------126, 131, 173, 189, 236
HB 800--Solicitors General Retirement Fund; interest earned, disbursement.---_.----_..----__----__._----.------126, 131, 173, 281, 290
HB 801--Superior Court Judge's Retirement Fund; interest earned, disbursement.-------------_----..-__---.-----126, 131, 174, 281, 289
HB 802--Solicitors General Retirement Fund; penalty for delinquent payments ------------------------------198, 219, 247, 481, 1136, 1170
HB 803--Children and Youth Act; Governor to appoint judges to Board..,. ___.__.___._____..----___--------------._..___,,._ 198, 220, 247, 365, 378
HB 805--Executors of Wills; discharge of----------------.323, 358, 393, 415, 440 HB 806--Estates; investments in common trust
funds _____ ..-. -------- .. ..---.--------------------.326, 358, 393, 416, 437 HB 807--Superior Courts; appointment of new
trustees -_.___.. .____.--_------ 326, 359, 392, 415, 440 HB 809--Common Agency Funds; rights of
participants .__.-.____._.._.____._. _______....________.._ _____326, 359, 392, 415, 440 HB 811--Clayton County; no road contracts with
municipalities ______...----------------------------__..__181, 184, 202, 251, 253 HB 812--Rabun County; clerk of Superior Court, abolish fee
system ---- .-----.-..--------.-----.----------------.181, 185, 203, 251, 253 HB 813--Upson County; tax collector.--------------------181, 185, 203, 251, 254 HB 814--Upson County; tax assessor, term of
office .-.-..-- ---------.._.---.--------------.181, 185, 203, 251, 254 HB 815--East Thomaston, Village of; corporate
limits.--.------_-____--__.------------------181, 185, 203, 251, 254 HB 816---Upson County; tax commissioner^ _____.....________...181, 185, 203, 251, 255 HB 819--Municipal Corporations; define "city," "town,"
"municipality". _______..._._____....._______.-._...________----__ 216, 220, 248, 334, 375 HB 822--Chatham County; clerk of Superior Court,
compensation--....----__--------_--.----__----------181, 185, 203, 307, 487 HB 823--Savannah City Court; sheriff's
salary....-.-..---.,.-----.--------------.--------182, 186, 203, 307, 488 HB 825---Chatham County; coroner's
compensation--_____--..__________--______.------_____---__182, 186, 203, 307, 490 HB 827--Probation Board; asst. director's
salary..-__.._-.._..__.--------------------------------404, 408, 477, 797, 1047 HB 829--McRae, City of; title to certain
land ___..--.......-._----.--.__-----------------------268, 275, 302, 366, 488 HB 833--Hancock County; county officers,
compensation ___________________ ..._..__________......._____182, 186, 204, 307, 490, 693 HB 835--State Employees' Retirement System; Appeals and Supreme Court,
membership ------....------_------...-------------------- 325, 359, 392, 483, 591 HB 836--State Employees' Retirement System; benefit
tables----.--------------------------_-326, 359, 392, 483, 592 HB 837--Fayetteville, City of; method of filling
vacancies------.--------------------__------.-196, 221, 248, 307, 491
HB 838--White County; terms of Superior Court.---------_------..-------..----------- 293, 297, 331, 620, 668
HB 839--Sandersville City Court; create--------------__.--------.------------------196, 221, 248, 281, 307
HB 840--Danielsville, City of; change terms of councilmen ___--.----..--------......_----------196, 221, 248, 307, 489
HB 842--Chatham County; ordinary's compensation_._.__._..._____._--------196, 221, 248, 307, 489

INDKX

1413

HB 843--Unemployment Compensation Act; expenditure of

moneys--.-------------------------------783, 788, 1015, 1117, 1128 HB 844--Teachers' Retirement System; re-establish
membership----.------------.598, 602, 657, 716, 1097, 1115, 1136, 1211 HB 845--Teachers' Retirement System; per diem
allowance.----------.--------------_------------.598, 603, 657, 716, 1139

HB 846--Sales and Use Tax; exempt sugar for bees ------------__.--------------------.----_..355, 362, 394, 480, 588, 693
HB 847--Leesburg City Court; create.------------..._.----. 197, 221, 248, 281, 308 HB 848--Lee County; clerk of Superior Court
compensation....--...-------------.---------------... 197, 222, 248, 281, 308

HB 850--Chief Drug Inspector; grant certain police powers ------------------------....------------405, 408, 477, 798, 1092
HB 851--Randolph County; powers of sheriff collecting fi fas .__..-..------------.------ .--------._----..------.197, 222, 249, 307, 423
HB 852--Muscogee County; Juvenile Court Judge .--..--------.------------------------ 197, 222, 249, 281, 308
HB 853--Muscogee County; commissioners to create emeritus

offices .-- .------...--------._-.----...----...------....... 197, 222, 249, 281, 309 HB 855--Dogs; punishment for stealing
of. ...._..----....---- . ..---- .--.. ....... 325, 357, 392, 1018, 1140, 1164, 1277 HB 858--Title to Lands; clerks of superior courts to furnish
to defendants....--------------........................ 355, 362, 394, 415, 439

HB 859--County Tax for Roads; repeal ...

...

782, 786, 1012

HB 861--Drivers' Licenses; validity of ...... ....... . . 269,275,302,334,375

HB 862--Crisp County; election of commissioners ....... 239, 242, 278, 307, 497

HB 863--Carrollton, City of; compensation of

councilmen-----------------------_.---.-... .......... 239, 242, 278, 307, 497

HB 867--Guardians; sell or lease land of estate.. .......... 636, 645, 707, 802, 1073 HB 868--Thomaston, City of; corporate limits ........... 239, 242, 279, 307, 498 HB 870--Acworth, City of; include certain Cobb County
territory------.......------------------.........----. 239, 243, 279, 367, 370, 457

HB 871--St. Andrews Sound; prohibit crab fishing...... ......----------.----..------.....__.405, 408, 478, 737, 1086, 1098
HB 872--Public Assistance Benefits; appointment of representative to handle payments------------.. 241, 244, 280, 619, 685
HB 873--Alapaha Judicial Circuit; terms of court------ 269, 275, 302, 481, 952 HB 874--Canton, City of; amend charter...... .--------.._ 240, 243, 279, 307, 491 HB 875--Lumpkin County Superior Court;
provide terms-----------------------------..... 298, 298, 331, 480, 492 HB 876--Lee County Superior Court; duties
of clerk-------_------_...--_.----.--.-..------. . 240, 243, 279, 307, 491

HB 877--Canton, City of; employ City Manager._......--------....----....._----..----............ 240, 243, 279, 307, 492

HB 878--Canton, City of; divide into wards ....... .... 240, 243, 279, 307, 371, 458

HB 879--Canton, City of; corporate limits ........ .... 240,243,279,307,493 HB 880--Floyd County; commissions for collecting certain taxes
to be county funds.... ..... ..----------------.. 240, 244, 279, 799, 837, 1103

HB 881--Ployd County; abolish offices of tax receiver and tax collector----------.----. ...240, 244, 280, 799, 837, 1103

HB 883--Brooks County; coroner's fees ...----..------....... 240, 244, 280, 307, 493 HB 884--Gun Collectors; exclude from licensing............404, 408, 478, 1018, 1089

HB 885--State Bar Examination; provide for.---- ... .... ...... 633, 645, 707, 1174

HB 887--Tifton Judicial Circuit; solicitor's salary ....... 269, 276, 302, 620, 951

HB 889--Homestead Exemption; disabled veterans .... 781, 789, 1012, 1114, 1158

1414

INDEX

HB 890--Corporations; power of trustees after dissolution .___........ 269, 276, 303

HB ' 893--Garnishment; clerk of court issue affidavit

of attachment _.-_--.-----..._-.--_------.----.. 269, 276, 303, 365, 376

HB 894--Motor Vehicle Certificate of Title Act;

registration of boat trailers ._......_._....... .... ..... 293, 298, 331, 416, 438

HB 895--Liability Insurance; claims of third

persons .... .

.-------- 1000, 1009, 1111, 1174, 1205, 1275

HB 896--Hospital Authorities Law; provide meals and

aid to elderly parsons----------------------........ 241, 244, 280, 366, 376

HB 897--Greenville, Town of; ad valorem tax.- .--...........268, 276, 303, 366, 493

HB 898--Bogart, Town of; amend charter.-.-.- .._-.....----_. 268, 276, 303, 366, 493

HB 899--State Department Heads; surety principal on

bond .--------_..._..._--___--_. ........ ........... __. 994, 1002, 1112, 1173, 1280

HB 900--Legal Advertisements; rates for publishing-._._. 382, 388, 414, 480, 492

HB 901--St. Mary's Airport Authority; create . ............... 268, 276, 303, 366, 488

HB 902--Kingsland, City of; amend charter ... ........ 269, 276, 303, 366, 489

HB 903--St. Mary's, City of; amend charter.......-..__-.,,......268, 277, 303, 366, 494

HB 904--Kingsland, City of; amend charter relating to

elections----------.--------------- ....... ...... ... 270, 277, 303, 366, 494

HB 906--Polk County; consolidate offices of tax receiver

and tax collector-------------------.- ..... 293,298,331,480,492

HB 907--Coffee County; Alcoholic Beverage Tax Act;

amend-.----..-_.___......_..----.__._ ._...._--.___..._......_. 598, 603, 657, 663, 807

HB 909--State Board of Accountancy; examination 268, 270, 277, 303, 416, 437

HB 910--Acworth Lake Authority; amend charter ..... . 268, 277, 304, 366, 494

HB 911--Upson County; commissioners' compensation .... 268, 277, 304, 367, 495

HB 912--Fulton County; businesses upon airport

premises-- ----.----______..._._.. ._...___..__............. -.-405,408,478,1174

HB 915--Savannah City Court; procedure same as

superior court .......... ....... .... ...... .. ... . .... 268,277,304

HB 916--Old Age Assistance; allow applicants to have life

insurance of $1,000.00.................--.......-..--..........721, 726, 793, 1117, 1147

HB 918--Hall County; improvements on subdivisions . 380, 388, 41.4, 481, 495

HB 919--Injuries; limit actions to four years............... - 694, 696, 728, 1018, 1148

HB 921--Motor Vehicles; new weight

classification ----,.-- ..._._..__................. ...... ... 327, 363, 393, 416, 419, 458

HB 922--Motor Vehicles; maximum weight and length

limitations-----.. ............._...............-- ... -327, 363, 393, 416, 420, 600

HB 924--Gainesville and Hall County Development

Authority; create .... ....... . .....

293, 298, 332, 480, 495

HB 925--Pooler, Town of; taxation of gas companies 293, 298, 332, 480, 495

HB 926--Cook County; small claims court, amend

act creating-------------------- ..--.... .. 405, 409, 478, 660, 670

HB 928--Grand Jurors; summon by certified mail 323, 360, 391, 659, 984, 1276

HB 930--Georgia Ports Authority; convey certain

property----------...... .... .__...._.. .........--........... 404, 409, 478, 1018, 1145

HB 931--Abandonment of Pregnant Wife;

misdemeanor------------------.-- ..------- 404, 409, 478, 802, 1093

HB 932--Motor Vehicles; security by owners, change

minimum--------------------------- --. .... 782, 786, 1012, 1116, 1218

HB 933--Centerville, City of; amend act incorporating 293, 297, 3S2, 480, 493

HB 934--Centerville, City of; corporate limits .. 293, 297, 332, 1017, 1023, 1211

HB 935--Jasper, City of; corporate limits ...... ....__........ 293, 297, 332, 367, 496

HB 936--Workmen's Compensation; reciprocal insurance ------.------------------------ ... 633, 645, 707, 797, 1093

INDEX

1415

HB 937--Appropriations Act; amend regarding Federal

funds.................._----------

994, 1001, 1111, 1113, 1215

HB 938--Department of Industry and Trade; authorize purchase of passenger carrying equipment .___.____..._........ 355, 362, 394, 436, 482

HB 939--Commissioner of Labor; collect certain tax under Employment Security Law.................................... 598, 603, 658, 797, 1140
HB 944--Watershed Projects; right to condemn private property................................------_.--__..__. 404, 409, 478, 802, 1072
HB 946--Gwinnett Judicial Circuit; attendance of

grand jury..........--.........__.. ..__..,,--____--.._...--.........380, 388, 414, 481, 496 HB 947--Insurance Companies; fees and taxes . 326, 361, 391, 416, 421, 599 HB 948--Department of Public Safety; pay portion of

construction costs......---- .. - ........ ... 456, 485, 609, 738, 1071, 1171 HB 949--Georgia Industrial Loan Act; amend .__... ... . 458, 463, 617, 796, 1074 HB 950--Appropriations for State Agencies;
supplement __........_.............._.._...."................... 452, 465, 609, 738, 794, 945 HB 951--Northern Judicial Circuit; judge's compensation 626, 645, 707, 808

HB 953--Bryan County; compensation of sheriff and clerk of superior court ... . .............. .._.._......_...--------.. 380, 389, 415, 661, 670

HB 954--Ware County; consolidate offices of tax collector and receiver...--------.................. _......._.........____. 999, 1009, 1111, 1172, 1181

HB 955--State Employees' Retirement System; former employees........------......... .....------..-.779, 788, 1015, 1117, 1135, 1281
HB 956--Sandersville, City of; compensation of mayor and aldermen .... ........ ... -....._ .._.._..._.------..------...._... 380, 389, 415, 480, 497
HB 957--Stephens County; voting machines _...--------..._. 404, 409, 478, 661, 670

HB 958--Employment Security Law; additional funds----.----------...--------------------------783, 788, 1015, 1117, 1129

HB 959--Charlton County; consolidate offices of tax receiver and collector.------.--------------..--------...... -- 380, 387, 413, 481, 498

HB 960--Georgia Agricultural Commodities Promotion Act; referendum--------------------_. -------- --457, 465, 610, 619, 773, 1171
HB 962--Bail; amend act relating to granting _____ 778, 788, 1015, 1174, 1333

HB 963--Trucks; change speed limit .......... ........ ....783, 788, 1015, 1115, 1217 HB 965--Fitzgerald, City of; amend charter .. _ ________ 380, 387, 414, 480, 498 HB 966--Floyd County; audit of financial records .... . .. 380, 387, 414, 481, 498

HB 968--Cordele, City of; closing of certain street ....----380, 388, 414, 480, 499 HB 969--Director of Public Safety; compensation _______ 722, 727, 794, 1117, 1132

HB 971--Lithonia, City of; amend charter..... ........... ...... 450, 465, 610, 660, 670 HB 972--Decatur, City of; flood control--.------..---450, 465, 610, 660, 671
HB 973--DeKalb County Planning Commission; membership...-............----------------------------454, 465, 610, 660, 671
HB 974--North Atlanta, Village of; abolish ......------___._. 451, 466, 610, 660, 671

HB 975--Lithonia, City of; hours for holding elections __ 450, 466, 610, 660, 672

HB 976--DeKalb County; county contracts for public buildings....... .--------------....------------...__---- 405, 409, 479, 660, 672

HB 977--Real Estate; creditor with lien, certain priority ............. 598, 603, 658

HB 980--Administrators of Estates; provide legal counsel---------------------__,,.____.._______.____.____. ......695, 696, 728, 1174, 1218
HB 982--Union County; audit by C.P.A.---- .............._...381, 388, 414, 481, 499

HB 983--Bartow County; hours for holding elections ____ 381, 388, 414, 480, 499 HB 984--Agricultural Terms; define ....--------..642, 655, 708, 1018, 1090, 1171 HB 985--Sandersville, City of; corporate limits--____....__.__ 381, 386, 413, 480, 500

HB 986--Canon, City of; reincorporate ...__----.___._.... 381, 386, 413, 481, 500, 693

HB 987--Louisville City Court; amend act creating _____ 381, 386, 413, 481, 501

1416

INDEX

HB 988--Legal Age for Making Contracts; married

18 year old __...-------_-.. ___.__--.. 598, 603, 658, 1174, 1333

HB 989--Superior Court Clerks; increase contributions to

retirement fund __.___.__, ____......__._____..._____. 721, 726, 793, 1019, 1091

HB 991--Superior Court Clerks; retirement benefits __ 721, 726, 794, 1018, 1091

HB 992--Moultrie, City of; corporate limits .----_._....._.... 381, 387, 413, 480, 501

HB 993--Moultrie, City of; change millage rate_..-------- 381, 387, 413, 480, 501

HB 994--Watkinsville, City of; qualifications for mayor 381, 387, 413, 661, 672

HB 995--Picketing; make certain acts unlawful ._--.._. _ ____ 643, 649, 711, 1016

HB 997--Fulton County; appointment of jury clerk .. ..... 637, 645, 707, 799, 808

HB 998--Open Wells; unlawful, certain counties ............. 635, 646, 707, 799, 808

HB 1000--Motor Common Carriers Act; exempt wreckers

from provisions.-.........-..............-.-....----..--. 599, 604, 658, 796, 1090

HB 1001--Motor Common Carriers Act; exempt wreckers or

tow trucks from provisions . ____--._.___.__..----___ 599, 604, 658, 796, 1094

HB 1003--Non-resident Motorists; involved in accidents 634, 646, 707, 1016, 1145

HB 1004--DeKalb County; certain officials' salaries ---- 452, 466, 610, 660, 673

HB 1005--Boards of Education; corporal punishment

policies _------.__._...-____ ....----....-------...... ... 634, 646, 708, 795, 1139

HB 1006--Douglasville, City of; change date for holding

elections--...--------------.--............----.------.. 382, 387, 413, 480, 501

HB 1007--Douglasville, City of; employ City Manager..... 382, 385, 412, 480, 502

HB 1008--Scotland, Town of; amend act

incorporating....----.--._----._...._........ ... 452, 466, 611, 660, 673, 1104

HB 1009--Wilkinson County; consolidate offices of tax

receiver and collector.--.------_.____-------- 451, 466, 611, 661, 673

HB 1010--Wilkinson County; commissioners, monthly

statements ....__.-- .------.-- .. 452, 466, 611, 661, 675

HB 1011--Ivey, Town of; ad valorem tax ...._.

454, 467, 611, 661, 675

HB 1012--Income Tax; extend time for paying tax withheld

from wages.--------...--------------------....... _ 634, 646, 708, 736, 1073

HB 1013--Income Tax; penalties for fraudulent or late

returns _______ ..----...., ...... .... 635, 646, 708, 735, 1085, 1130, 1212, 1220

HB 1015--Physical Therapists, Practice Act; amend ___.... 456, 467, 611, 798, 1147

HB 1018--Columbus, City of; title to City streets _____ ______ 451, 467, 611, 661, 675

HB 1019--Culloden, City of; councilmen, terms of office _ 453, 467, 611, 661, 676

HB 1020--Monroe County; commissioners, terms of office 451, 467, 612, 661, 676

HB 1021--Thomson, City of; corporate limits . _______ ..______. 454, 467, 612, 799, 809

HB 1022--DeKalb County; recorder's court provide for

judge ...... ...._.--.-- ...._...--... ______ ....... ...--.. _-_-- 453, 468, 612, 661, 676

HB 1023--DeKalb County; sheriff's duties ......... ... 451, 468, 612, 800, 1024, 1171

HB 1024--DeKalb County; employees' retirement _________ 452, 468, 612, 661, 677

HB 1026--Sales and Use Tax; redefine "sale at retail" _ 405, 410, 479, 738, 772

HB 1027--Douglas County; compensation of certain

officials _____ .....--............. ................ ----.._--...._. 453, 468, 612, 661, 677

HB 1028--Muscogee County; commissioners .......... . ...... 451, 468, 612, 661, 677

HB 1030--State Properties Commission;

create _..______ ..642, 655, 709, 1016, 1075, 1113, 1127, 1169, 1223, 1224

HB 1031--East Point, City of; amend charter.._._..-- ...._... 637, 646, 708, 799, 809

HB 1032--East Point, City of; amend charter......------. 637, 647, 708, 799, 809

HB 1033--East Point, City of; amend charter _____ ...._.._. 637, 647, 708, 799, 810

HB 1034--Atlanta, City of; pensions for employees 997, 1009, 1111, 1172, 1182

HB 1035--Fulton County; board of education, pensions 450, 468, 612, 661, 678

HB 1036--Fulton County Joint City--County Bond of Tax Assessors...------...------.-------------- .- 450, 469, 613, 661, 678

INDEX

1417

HB 1037--Atlanta, City of; pensions to employees ----------689, 696, 728, 799, 810 HB 1038--Atlanta, City of; Civil Service Commission....... 453, 469, 613, 661, 678 HB 1039--Old Age Insurance; applicable to incorporated
towns or cities----.................__-.....-.--..........._........__.-779, 789, 1015, 1145 HB 1040--Fulton County; appointment of assistant county
administrators ...____......___..............----------__----- 450, 469, 613, 661, 678 HB 1041--Atlanta, City of; personnel board..--.-..---..--453, 469, 613, 661, 679 HB 1042--Albany, City of; assess cost of sewer lines------450, 469, 613, 661, 679 HB 1043--Albany, City of; corporate limits..........._.____. _------_..___ 452, 469, 613, 679 HB 1044--Macon, City of; convey certain property.------454, 469, 613, 799, 810 HB 1045--Service of Process; minors temporarily living
out of State------.----- ----------------------782, 789, 1013, 1019, 1148 HB 1046--Workmen's Compensation; define "employer" and
"employee"--.--------------------_--.--------.635, 647, 709, 1116, 1131 HB 1048--Brunswick, City of; sheriff's salary------------454, 470, 613, 799, 810 HB 1049--Glynn County; sheriff's salary.----.-------------------453, 470, 614, 811 HB 1051--Fulton County; criminal court,
solicitor's salary----....--------------_----.....--------.637, 647, 708, 799, 811 HB 1052--Fulton County; solicitor of superior court, powers..-----453, 470, 614 HB 1054--Bank Examiners; pension fund, provide for__ ________ 1000, 1009, 1111 HB 1056--Superior Court Judges; retirement fund ------ 692, 696, 728, 802, 1141 HB 1057--Atlanta, City of; improvements at Grant
Park Zoo--__---_----_--------------_ .------ 994, 1001, 1173, 1177, 1278 HB 1059--Union City; Fulton County Water System------451, 470, 614, 661, 680 HB 1061--Motor Vehicle Liability Insurance;
requirements.........--------------------------782, 786, 1012, 1116, 1141 HB 1062--Sheriffs; place on annual salary.----.------------ 642, 655, 709, 735, 772 HB 1063--University System Building Authority; issuance of
bonds..__------.--------------------..----..----------636, 647, 709, 797, 1092 HB 1064--Motor Fuel Tax Law; tax on gas for
watercraft..------------------------------------.633, 647, 709, 795, 1089 HB 1065--Board of Regents; expenses for attending
meetings..---.........-..--------------------------635, 648, 709, 795, 1093 HB 1067--State School Superintendent; bond and oath ________ 695, 728, 795, 1091 HB 1068--Corporation Laws; amend.------------.. ----781, 785, 1011, 1117, 1339 HB 1069--Swainsboro City Court; rules of procedure..----597, 604, 658, 799, 811 HB 1070--Dalton, City of; incorporate certain land lots.. 597, 604, 658, 799, 812 HB 1071--Counties and Municipalities; joint recreational
facilities------------------------------------.781, 785, 1011, 1114, 1217 HB 1073--Whitfield County; authorize law library for
judges and ordinary--.--------.--_.------------637, 648, 709, 799, 812
HB 1076--Georgia Art Commission; composition of....------------ ___...__ ______ __...--........---- 781, 785, 1011, 1173, 1225, 1276
HB 1077--Dallas, City of; property taxes.---- ........----_..... 597, 604, 659, 799, 812
HB 1078--Paulding County; condemnation of property, watershed projects------------------------------_636, 648, 710, 799, 813
HB 1080--Griffin Judicial Circuit; solicitor's compen sation----------------.,,.------------....------------ 695, 697, 728, 1016, 1146
HB 1081--State Board of Education; program for mentally retarded and blind children....----------------722, 726, 794, 1018, 1094
HB 1083--Emeritus Appointments; discontinue new appointments after April 1, 1964------------....--------.....-634, 648, 710, 736, 1141, 1170
HB 1084--Court of Appeals; Judges Emeritus, amend act creating--------...-- .----.....----.._.---- ..------...... 634, 648, 710, 736, 1144

1418

INDEX

HB 1085--Supreme Court; Chief Justice Emeritus, amend act creating --------------------_-__------------634, 648, 710, 1019, 1143
HB 1086--Dougherty County; abolish justice courts ..... 691, 697, 728, 1114, 1123 HB 1087--Albany City Court; redefine jurisdiction .... 691, 697, 729, 1114, 1123 HB 1088--Gwinnett County; fiscal affairs regarding population
changes ------------------------- ------------637, 649, 710, 801, 813 HB 1089--Georgia Higher Education Assistance Corp;
create--~.-~-~--__-______------------.597, 604, 659, 795, 1216 HB 1090--Cook County; election of commissioners._.._.----459, 463, 617, 661, 680 HB 1091--Georgia Historical Commission; increase member
ship--------.--.------------------------------___781, 785, 1012, 1117, 1139 HB 1092--Gordon County; tax commissioner, abolish
fee system--------------_..--_------_-..---------637, 649, 710, 799, 813 HB 1093--Meigs, Town of; relating to certain alleys..--....638, 649, 711, 799, 814 HB 1094--Hall County; road tax ----__.----------------.638, 649, 711, 799, 814 HB 1095--Athens, City of; recorder's salary----------...636, 649, 711, 799, 814 HB 1096--Baker County; sheriff's salary-.-.------------- ---- 691, 729, 799, 814 HB 1097--Tift County; bid system for purchases----------638, 650, 711, 800, 815 HB 1098--Tift County; board of commissioners.----___----_ 638, 650, 711, 800, 815 HB 1099--Alma, City of; close certain alley-----.__----.638, 650, 711, 800, 815 HB 1100--Writ of Quo Warrento; method of service of
process.----.----------------.----...------721, 727, 794, 1020, 1142, 1170 HB 1101--Hinesville, City of; qualifications for
solicitor------------------._..._--------------638, 650, 711, 800, 816 HB 1102--Fulton County; teachers' retirement------------689, 697, 729, 800, 816 HB 1103--Jenkins County; commissioners, terms of
office--------------------------_--------------------638, 650, 711, 800, 816 HB 1105--La Fayette, City of; tax assessors------------638, 650, 712, 800, 816 HB 1106--Ephesus, City of; corporate limits.------------.636, 650, 712, 800, 817 HB 1107--Prisoners; rehabilitation ___.. ..------------------635, 651, 712, 797, 1074 HB 1110--Floyd County; additional deputy sheriff....------638, 651, 712, 800, 817 HB 1112--Whitfield County; consolidate offices of tax receiver
and tax collector----------..__------.----------------639, 651, 712, 800, 817 HB 1113--Floyd County; hospital authorities, conduct annual
audit.----------------__------__--------_--639, 651, 712, 800, 818 HB 1114--Fulton County; pension benefits, certain
employees------_--------...--------...689, 697, 729, 800, 839, 1103 HB 1115--Cobb County; primaries.------..--------.----------..639, 651, 712, 800, 818 HB 1116--Smyrna, City of; compensation of mayor------689, 698, 729, 800, 818 HB 1117--Cobb County; zoning plans.--------------------.639, 651, 713, 1172, 1182 HB 1118--Cobb County; nominees receive majority
vote-----------._._---------------------_.-..--.639, 652, 713, 800, 819
HB 1121--Floyd County; salary of City Court Judge ----.639, 652, 713, 800, 819
HB 1122--Atlanta, City of; pensions for employees-...... -- .-- ----. 721, 723, 791
HB 1123--Georgia Military Forces Reorganization Act; amend..--..--...--...-----.--------.----------------...634, 652, 713, 1117, 1129
HB 1124--Law Libraries for Superior Court Judges; certain counties.------------------------------.639, 652, 713, 800, 819
HB 1125--Lexington-Oglethorpe County City Court; judge.----...--.----------------.._.-.------------ ---- 640, 652, 713, 800, 820
HB 1126--DeKalb County; tax returns, time for closing books---------------------------_----------------640, 652, 713, 800, 820
HB 1127--DeKalb County; penalty for failure to return taxes----...----------.-------------.------.------------640, 653, 714, 800, 820

INDEX

1419

HB 1128--DeKalb County; taxes due in two

installments __.. __._______...... .__.____._. __________ _________ 640, 653, 714, 800, 821

HB 1129--DeKalb County; time for applying for homestead

exemption _______________ ._......._.___.........._._.___.__._. ___._640, 653, 714, 800, 821

HB 1130--DeKalb County; tax assessors complete returns

by March 15th............___.___.__........_..._..__ _________________ 640, 653, 714, 800, 821

HB 1131--DeKalb County; depository maintain office in

county.--.. _------ ------ .... .-._..___________-_-_.___ 640, 653, 714, 800, 842, 1123

HB 1132--Pine Lake, City of; pension for police officers . 441, 653, 714, 800, 822

HB 1133--DeKalb County; Juvenile Court, judge. _____________ 441, 654, 714, 800, 822

HB 1134--Polk County; City Court, salaries of judge and

solicitor _----.------------. ____.____.----.....641, 654, 715, 800, 839, 1103

HB 1135--Polk County; coroner's salary_______...641, 654, 712, 715, 800, 840, 1103

HB 1136--Gainesville, City of; hours for holding

elections.............. ...__.___._ __.__.-.__________--._. .......... 641, 654, 715, 800, 822

HB 1139--Bibb County; election precincts ............. ___........_ 641, 654, 715, 801, 822

HB 1141--Atlanta, City of; employees, pensions,

beneficiaries ______ _.___.--_____-_-.....__.__-.--___ 997, 1010, 1111, 1172, 1182

HB 1143--County Records; destruction of . _.______ _ 781, 784, 1010, 1173, 1174

HB 1144--Webster County; tax commissioner's salary________641, 654, 715, 800, 823

HB 1145--Pine Mountain; corporate limits ___________ 641, 654, 715, 800, 841, 110?,

HB 1147--Fulton County; alcoholic beverages ...... . 684, 715, 737, 768, 777, 954,

1149, 1150, 1169, 1170, 1336, 1340

HB 1150--Communication Systems; interference with

property of ___......___ _____ ________.__.__...._______778, 790, 1013, 1116, 1227, 1276

HB 1151--Douglas County; abolish fee system certain

officials -._--......_--------.------------....691, 700, 731, 801, 823, 1105

HB 1152--Hamilton, City of; new charter .._____. _.___.______. 689, 700, 731, 800, 824

HB 1153--Harris County; coroner's salary____----___ __ .._.. 689, 700, 731, 801, 825

HB 1154--Brunswick, City of; amend charter--_____ 690, 700, 732, 801, 841, 1103

HB 1155--Thomas County; sheriff's salary.............................690, 700, 732, 801, 825

HB 1156--Woodstock, City of; corporate limits _____ _ 698,729,801,825

HB 1158--Peach County; compensation of tax com

missioner ._ _______ ..__----------. ..________.--___________ ...._____690, 698, 729, 801, 825

HB 1159--Peach County; board of commissioners _____..... _ 690, 698, 730, 801, 826

HB 1161--Wilkes County; tax commissioner, monies

collected...................... .......... ... ....__.........__.....-690, 698, 730, 801, 826

HB 1162--Wilkes County; salaries of certain officials .. 688,698,730,801,826

HB 1163--Stewart County; Small Claims Court, create 691, 699, 730, 1172, 1183

HB 1165--Floyd County; board of education, annual

audit... -.............-._.....-.-.. . -. ..... ..- .. . . ...... .688, 699, 730, 801, 827

HB 1166--Macon, City of; ratify contract between City and

railroads ... ..... . .. ........ ... .....

_. .. 688, 699, 730, 801, 827

HB 1167--Bibb County; ratify contract between County and

railroads..-.......-.-.....----..-.--...-....-.-.. .. ._.. 688, 699, 730, 801, 827

HB 1168--Vidalia, City of; opening of polls . __.. ... . 688, 699, 730, 801, 828

HB 1169--Kennesaw, City of; change day of annual

elections-.. ______ ...... ....... ...... ....--- 688, 699, 731, 801, 828

HB 1170--Clarke County; jurisdiction of magistrates

court... ....----....---..--.-- .-----------..----..- . 688, 731, 801, 828

HB 1173--Augusta, City of; polling places...-..--- .... --689,700,731,801,829

HB 1174--Wrightsville, City of; amend charter. ........... 690,701,732,801,829

HB 1175--Walker County; establish fire prevention

districts _______ ........ _ _:... _ ________ __-_______.. ._....... 630, 701, 732, 801, 829

"HB 1177--Harris County; pensions for employees ...... 690, 701, 732, 801, 829

1420

INDEX

HB 1180--Junior Colleges; provide for in State----.. __780, 789, 1013, 1115, 1281 HB 1182--Greene County; commissioners-. .---- ...------ 691, 701, 732, 801, 830 HB 1184--Augusta, City of; water system.-------------- 691, 701, 732, 801, 830 HB 1185--Hawkinsville, City of; voting in certain
elections----------------.--...--------.--.----....689, 701, 732, 801, 830 HB 1186--Tift County; Small Claims Court, create.----- 691, 701, 732, 801, 831 HB 1188--Harris County; compensation of
commissioners.----------------...----..--------721, 723, 791, 1017, 1043 HB 1189--Polk County; certain officials, salary basis 721, 723, 791, 1017, 1024 HB 1190--Port Valley, City of; hours for holding
elections.....------------.-------------------.721, 723, 791, 1017, 1041 HB 1191--Dawsonville, City of; election of mayor and
councilmen----.-----_----._--.----.._---_--_._720, 723, 791, 1114, 1124 HB 1193--Murray County; compensation of com
missioner-------- _..--_.--_--.--------..--------_.------ 720, 723, 791, 1017, 1041 HB 1195--Macon, City of; registration of voters .............720, 723, 791, 1017, 1042 HB 1196--Empire, Town of; change name to City
of......--.._._....--------.......__--------------._720, 724, 791, 1017, 1025, 1274 HB 1197--Washington County; commissioners _______----720, 724, 792, 1017, 1042 HB 1198--Appling County; abolish fee system for certain
officials.------ ----... . .------.-. -- .--....._._-- 720, 724, 792, 1017, 1042 HB 1199--Macon Municipal Court; change to Civil Court of
Bibb County----------------------------720, 724, 792, 1017, 1040, 1171 HB 1200--Bibb County; Civil Court, use of microfilm
equipment--...----------------..-..--------720, 724, 792, 1017, 1043 HB 1201--Voters' Qualifications; residential requirements --------..780, 789, 1013 HB 1202--Paulding County; commissioners ----719, 724, 792, 1017, 1021, 1171 HB 1203--Paulding County; certain officials on
salary basis.----------.-..... .... ------ . _ 719, 725, 792, 1017, 1021, 1171 HB 1204--Paulding County; compensation of
commissioners...-.-.-..---_----__.---------719, 725, 792, 1017, 1044 HB 1205--Stone Mountain Judicial Circuit; court reporter's
salary----...---------------..... ------.....----.-----719, 725, 793, 1017, 1044 HB 1206--Claims; joinder of, action.......----------......_780, 789, 1013, 1019, 1148 HB 1208--Hospital Authorities Act; define "project"--778, 787, 1014, 1115, 1218 HB 1209--St. Marys, City of; election of mayor. _______...... .719, 725, 793, 1017, 1209 HB 1210--Walker County Development Authority;
create--...._-----------------------..------719, 725, 793, 1017, 1022, 1170 HB 1211--Macon, City of; water commissioner, employees'
pensions----.. .--.----......,,------......------..----719, 725, 793, 1017, 1044 HB 1215--Legislative Services Committee; provide
space _ ,,,,--....--------..----------..........--..781, 784, 1011, 1117, 1143 HB 1216--Snellville, City of; corporate limits _...... -....._. 719, 725, 793, 1017, 1043 HB 1218--Porsyth County; commissioners .._....... ..._._... 780, 785, 1011, 1114, 1124
HB 1223--Pulton County; golf professionals, salaries...-------- -------- ..----.-------. ..... 779, 785, 1011, 1127, 1173
HB 1224--Dalton, City of; hours for holding elections..-...----------------........------.--------779, 783, 1010, 1017, 1124
HB 1225--Dalton, City of; corporate limits .----.-... --779, 784, 1010, 1017, 1125
HB 1227--Pulton County; employee's pensions . 994, 1001, 1017, 1111, 1176, 1278
HB 1229--Cobb County; commissioners-----------------.780, 784, 1010, 1114, 1125
HB 1230--Columbus, mayor's salary__._._.__. _------......_. 779, 784, 1010, 1117, 1126
HB 1232--Pulton County; teachers' pensions.-- ------------..----. 779, 784, 1010
HB 1233--Darien, City of; amend charter.----.--------779, 790, 1013, 1114, 1125

INDEX

1421

HB 1234--Mclntosh County; tax commissioner's duties------..--._----_----_----..--.--------780, 790, 1013, 1114, 1120
HB 1235--Bulloeh County; clerical help for commissioners.----_--._----...__------------------780, 790, 1013, 1114, 1120
HB 1239--Court of Appeals; decisions which shall
bind------.-----------------------.____.1000, 1008, 1110, 1174 HB 1243--State Board of Registration for Professional
Engineers; examinations __------.___--__----.993, 1002, 1112, 1117, 1217 HB 1245--Suwannee, City of; incorporate.-------- -994, 1001, 1112, 1173, 1187 HB 1246--Motor Vehicle Licenses; non residents hauling
seasonal products--------...---------------- ..1000, 1008, 1110, 1175, 1318 HB 1248--State Game and Fish Commission; change
Director-----------------------------_--------780, 787, 1014, 1132 HB 1249--Early County; commissioners' clerk,
salary..------------------------------__------997, 1008, 1110, 1172, 1183 HB 1250--Turin, Town of; corporate limits ___ ..... 997, 1008, 1110, 1172, 1183 HB 1251--Sharpsburg, Town of; corporate limits -----997, 1009, 1110, 1172, 1184 HB 1252--Turin, Town of; water system...-----------997, 1009, 1110, 1172, 1184 HB 1253--Jeffersonville, City of; municipal
elections---------------__--------------------997, 1007, 1109, 1172, 1184 HB 1254--Danville, Town of; fire districts.----.-----.998, 1007, 1109, 1172, 1185 HB 1255--Stapleton, Town of; election of mayor and
councilmen --------------------..------- 998, 1008, 1109, 1172, 1185
HB 1256--Quitman, City of; change number of commissioners -----------------------998, 1008, 1109, 1173, 1185
HB 1257--Macon City Court; microfilm equipment .998, 1008, 1110, 1173, 1186 HB 1258--Macon City Court; traffic violations............998, 1006, 1108, 1173, 1186 HB 1259--Rossville, City of; ad valorem tax upon all
property-----..------------------.-...----------998, 1007, 1109, 1173, 1186 HB 1260--Columbus, City of; Department of Health- 998, 1007, 1109, 1173, 1187
HB 1261--Habersham County; ordinary's clerk------......--------_----.------..--....999, 1007, 1109, 1173, 1175, 1276