JOURNAL OF THE SENATE OF THE STATE OF GEORGIA AT THE REGULAR SESSION Commenced at Atlanta, Monday, January llth, 1965 and adjourned March 12, 1965 1965 LONGINO & PORTER, INC. ATLANTA, GA. OFFICERS OF THE STATE SENATE 1965-1966 PRESIDENT PETER ZACK GEER----------------------------Lieutenant Governor MILLER COUNTY HARRY C. JACKSON-__.____________--President Pro Tern MUSCOGEE COUNTY GEORGE D. STEWART-____.___.. ______--.___--_--Secretary PULTON COUNTY LAMONT SMITH----------------------------_._-----Assistant Secretary TATTNALL COUNTY LOUISE LEAVELL______________________________.------Legislative Assistant DeKALB COUNTY REBECCA CAUSEY--..-.--_________________Journal Clerk DOUGLAS COUNTY ANN DUNCAN___________^_________Calendar Clerk FULTON COUNTY ROBERT G. DWELLE,__,.____._._______.._...--Messenger JENKINS COUNTY HENRY CASTLEMAN___.____________-----Doorkeeper FULTON COUNTY ANN WEBB___._________________--Message Clerk FULTON COUNTY SENATE JOURNAL Senate Chamber, Atlanta, Georgia, Monday, January 11, 1965. The senators-elect of the General Assembly of Georgia for the year 19651966 met pursuant to law in the Senate Chamber at 10 o'clock this day and were called to order by Honorable Peter Zack Geer, president. The invocation was offered by Reverend Louie D. Newton, pastor, Druid Hills Baptist Church, Atlanta, Georgia. The following communication from the Honorable Ben W. Fortson, Secretary of State, certifying the senators-elect in the general election of 1964, was re ceived and read: SECRETARY OF STATE Ben W. Fortson, Jr. Atlanta 3, Georgia January 11, 1965 Honorable George D. Stewart Secretary of the Senate State Capitol Atlanta, Georgia Dear Sir: I am transmitting herewith the names of the Senators elected in the General Election held on November 3, 1964, to represent the vari ous Districts in the General Assembly for the years 1965 and 1966; as the same appear from the consolidated returns of said election which are on file in this office. Very truly yours, BWF-ls enclosures Ben W. Fortson, Jr., Secretary of State STATE SENATORS ELECTED TO THE GENERAL ASSEMBLYNOVEMBER 3, 1964 GENERAL ELECTION District Counties Name 1st Chatham _....._-_--_.--.-.--.-.-_-----..--_.__......Frank 0. Downing 2nd Chatham ._----________--_----_..-_-_--______-..--_______.William A. Searcey 3rd Chatham ...............................--..................-.........Joseph J. Tribble 6 District 4th 5th 6th 7th 8th 9th 10th llth 12th 13th 14th 15th 16th 17th 18th 19th 20th 21st 22nd 23rd 24th 25th 26th 27th 28th 29th 30th 31st 32nd 33rd 34th 35th 36th 37th 38th 39th 40th 41st 42nd 43rd 44th 45th 46th JOURNAL OF THE SENATE, Counties Bulloch, Candler, Effingham, Evans, Screven and Tattnall----------------_..._B. Avant Edenfield Bryan, Glynn, Liberty, Long and Mclntosh.. John M. Gayner, III Appling, Bacon, Brantley, Camden, Charlton, Jeff Davis, Pierce and Wayne._____Roscoe Emory Dean, Jr. Atkinson, Clinch, Coffee and Ware...------_.Prank Eldridge, Jr. Berrien, Cook, Echols, Lanier and Lowndes -Robert A. (Bobby) Rowan Brooks, Colquitt and Tift~~--------~.------Ford B. Spinks Grady, Mitchell and Thomas------------__William H. Flowers Baker, Calhoun, Clay, Decatur, Early, Miller and Seminole------------------------Julian Webb Dougherty --_____--___--..___----------_--------A. W. (Al) Holloway Ben Hill, Crisp, Irwin, Lee, Turner and Worth ___------_--------_----_--------_--_--_-------- Martin Young Chattahoochee, Quitman, Randolph, Stewart, Sumter, Terrell and Webster.------Jimmy Carter Muscogee ----__-------------------------__--_..A. Perry Gordy Muscogee --_._------__----.__--_----_------------ Harry C. Jackson Harris, Macon, Marion, Schley, Talbot, Taylor and Upson--------_--------_.----__----_..John Thomas McKenzie Crawford, Houston, Peach and Twiggs....___. Stanley E. Smith, Jr. Bleckley, Dodge, Dooly, Pulaski, Telfair and Wilcox----~~--------------.----_------ Roy Noble Johnson, Laurens, Montgomery, Toombs, Treutlen and Wheeler----------------------Hugh M. Gillis Burke, Emanuel, Jefferson and Jenkins----Roy G. Foster, Jr. Richmond --______----____--------------------R. Eugene Holley Richmond ___....--.--.----_------_------------. Michael J. Padgett Columbia, Glascock, Greene, Lincoln McDuffie, Taliaferro, Warren and Wilkes-- Sam P. McGill Baldwin, Hancock, Jones, Washington and Wilkinson..--_-------------_------------ Culver Kidd Bibb ..................... J. W. (Bill) Adams Bibb ----------_--__---------------------------- Oliver C. Bateman Butts, Lamar, Monroe, Pike and Spalding..._ Robert H. Smalley, Jr. Heard, Meriwether and Troup------------Render Hill Carroll, Coweta and Fayette----------------Lamar R. Plunkett Douglas, Haralson, Paulding and Polk..---- Albert F. Moore Cobb ------------------_--------------------Edward S. Kendrick Cobb ____--------------------_------------------Kyle Yancey Fulton ,,____----_____----___------.__--------------S. Fletcher Thompson Fulton ,,.___--_._------.----..--------____Frank E. Coggin Fulton .__-.......,,------_-------__...------------J. M. (Joe) Salome Fulton ------__----------_--___----------------James P. Wesberry, Jr. Fulton ,,_----------_--------,,...____----__.__.__.__Leroy R. Johnson Fulton --________----_-----,,_--_---------------- Horace T. Ward Fulton ,,----------__------------_--------_----Dan I. Maclntyre, III DeKalb __------------....._----...--------_,,..__.-H. E. "Gene" Sanders DeKalb ----_--------------------_____.._,,,,,,_,,__Ben F. Johnson DeKalb ----------------------------__________Frank Gilbert Miller Clayton, Henry and Rockdale--------________ Kenneth Kilpatrick Jasper, Morgan, Newton, Putnam and Walton --------------------_----_--___----.Brooks Pennington, Jr. Clarke, Madison, Oconee and Oglethorpe......Paul C. Broun District 47th 48th 49th 50th 51st 52nd 53rd 54th MONDAY, JANUARY 11, 1965 Elbert, Franklin, Hart and Stephens____Robert E. Lee, Jr. Banks, Barrow, Gwinnett and Jackson_--_Dr. J. Albert Minish Dawson, Forsyth, Hall and Lumpkin------- Erwin Owens Fannin, Gilmer, Habersham, Pickens, Rabun, Towns, Union and White-____________ Robert K. Ballew Bartow, Cherokee and Gordon_--------____Jack C. Fincher, Sr. Floyd -____._________.________,,______________________J. Battle Hall Chattooga, Dade and Walker_______,,_,,._...._.__Joseph E. Loggins Catoosa, Murray and Whitfield---,,___.___,,_ W. W. (Bill) Fincher, Jr. The senators-elect presented themselves at the rostrum, and the oath of office was administered to them by the Honorable Robert L. Russell, judge, Georgia Court of Appeals. The president of the Senate announced that the next order of business was the election of the president pro tempore. Senator Smith of the 18th nominated Senator Harry Jackson of the 16th, and the nomination was seconded by Sena tors Carter of the 14th, Lee of the 47th, Downing of the 1st, Salome of the 36th, McKenzie of the 17th and Pennington of the 45th. Senator Webb of the llth asked unanimous consent that the nomination be closed and that the secretary be instructed to cast the vote of the entire body for Senator Jackson. The consent was granted, and the president announced Senator Jackson duly elected president pro tempore. The president appointed as a committee to escort the president pro tempore to the rostrum the following: Senators Spinks of the 9th, Tribble of the 3rd, Plunkett of the 30th, Loggins of the 53rd and Wesberry of the 37th. Upon being presented to the Senate by the president, Senator Jackson addressed the members in appreciation of his election as president pro tempore. The president announced that the next order of business was the election of the secretary of the Senate. Senator Kidd of the 25th nominated Honorable George D. Stewart of Ful ton County. The nomination was seconded by Senators Loggins of the 53rd and Johnson of the 38th. 8 JOURNAL OF THE SENATE, Senator Webb of the llth asked unanimous consent that the nomination be closed and that the assistant secretary be instructed to cast the vote of the entire body for Honorable George D. Stewart. The consent was granted, and the president announced Mr. Stewart duly elected secretary of the Senate. Upon being presented to the members of the Senate by the president, the secretary addressed the Senate, expressing his appreciation of the honor con ferred upon him. The president announced that the next order of business was the election of a doorkeeper. Senator Plunkett of the 30th nominated Honorable Henry Castleman of Fulton County, and the nomination was seconded by Senator Smalley of the 28th. Senator Webb of the llth asked unanimous consent that the nomination be closed and that the president instruct the secretary to cast the entire vote of the membership for Mr. Castleman for doorkeeper. The consent was granted, and the president announced Mr. Castleman duly elected doorkeeper. The president announced that the next order of business was the election of a messenger. Senator Webb of the llth nominated Honorable Robert G. Dwelle of Jenkins County, and the nomination was seconded by Senator Foster of the 21st. Senator Webb of the llth asked unanimous consent that the nomination be closed and that the president instruct the secretary to cast the entire vote of the membership for Mr. Dwelle as messenger. The consent was granted, and the president declared Mr. Dwelle duly elected as messenger by unanimous vote of the Senate. MONDAY, JANUARY 11, 1965 9 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 7, 1965 Dear Lieutenant Governor Geer: Pursuant to Rule 198 of the Rules of the Senate, as amended, this is to certify that the Honorable Julian Webb, Senator from the llth District of Georgia, has been duly appointed by me as Administration Floor Leader of the Senate. With kindest regards, I am CES/ag cc: Honorable George D. Stewart Honorable Frank Edwards Sincerely, Carl E. Sanders Governor 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 1. By Messrs. Smith of Grady, Bolton of Spalding: A resolution to notify the Senate that the House of Representatives has convened in regular session and has organized by the election of Honorable George T. Smith of Grady County as Speaker, and Honor able Glenn W. Ellard of Habersham County as Clerk, and is now ready for the transaction of business. HR 2. By Messrs. Smith of Grady and Bolton of Spalding: A resolution to notify the Governor that the General Assembly has convened; and for other purposes. 10 JOURNAL OF THE SENATE, The Speaker has appointed as a committee to notify the Governor the fol lowing members of the House: Messrs. Wiggins of Carroll, Griffin of Glascock, Carr of Washing ton, McClelland of Fulton, Conner of Jeff Davis, Farrar of DeKalb and Lewis of Wilkinson. HR 5. By Messrs. Smith of Grady and Bolton of Spalding: A resolution relative to canvassing and publishing the election returns; and for other purposes. The Speaker has appointed as a Committee of Tellers the following mem bers of the House: Messrs. Black of Webster, Harrington of Baldwin and Anderson of Pulaski. HR 6. By Messrs. Smith of Grady and Bolton of Spalding: A resolution calling a joint session of the House and Senate for the purpose of electing the Legislative Counsel; and for other purposes. HR 7. By Messrs. Smith of Grady and Bolton of Spalding: A resolution calling a joint session of the House and Senate for the purpose of hearing a message from the Governor; and for other pur poses. The Speaker has appointed as a Committee of Escort the following mem bers of the House: Messrs. McKemie of Clay, Jordan of Calhoun, Steis of Harris, Harrell of Fayette, Jones of Lumpkin, Walker of Lowndes and Smith of Whitfield. The following resolutions were read and adopted: SR 1. By Senator Webb of the llth: A resolution to notify the House of Representatives that the Senate has convened and organized; and for other purposes. SR 2. By Senator Webb of the llth: A resolution adopting and amending the rules of the Senate; and for other purposes. MONDAY, JANUARY 11, 1965 11 SR 3. By Senator Webb of the llth: A resolution relative to officials, attaches and employees of the Senate; and for other purposes. SR 4. By Senator Webb of the llth: A resolution relative to the per diem, expenses and allowances of members of the Senate; and for other purposes. HR 2. By Messrs. Smith of Grady and Bolton of Spalding: A resolution to notify the Governor that the General Assembly has convened; and for other purposes. The president appointed as a committee on the part of the Senate to notify the Governor the following: Senators Hill of the 29th, Adams of the 26th, McGill of the 24th, Minish of the 48th, Eldridge of the 7th, Flowers of the 10th and Sanders of the 41st. HR 5. By Messrs. Smith of Grady and Bolton of Spalding: A resolution relative to canvassing and publishing the election returns; and for other purposes. The president appointed as tellers on the part of the Senate the following: Senators Searcey of the 2nd, Gayner of the 5th and Holloway of the 12th. HR 6. By Messrs. Smith of Grady and Bolton of Spalding: A resolution calling a joint session of the House and Senate for the purpose of electing the Legislative Counsel; and for other purposes. HR 7. By Messrs. Smith of Grady and Bolton of Spalding: A resolution calling a joint session of the House and Senate for the purpose of hearing a message from the Governor; and for other pur poses. The president appointed as a committee of escort the following: Senators Dean of the 6th, Webb of the llth, Jackson of the 16th, McKenzie of the 17th, Flowers of the 10th, Minish of the 48th, and Kilpatrick of the 44th. 12 JOURNAL OF THE SENATE, The following resolution was read: SR 5. By Senator Webb of the llth: A resolution amending the rules of the Senate; and for other purposes. Referred to Committee on Rules. Senator Webb of the llth moved that the Senate do now adjourn, and the motion prevailed. The president announced the Senate adjourned until 10:30 o'clock tomorrow morning. TUESDAY, JANUARY 12, 1965 13 Senate Chamber, Atlanta, Georgia, Tuesday, January 12, 1965. The Senate met pursuant to adjournment at 10:30 o'clock this morning, and was called to order by the president. Scripture reading and prayer was offered by the Reverend Monroe Driver, pastor, Antioch Baptist Church, Hogansville, Georgia. The roll was called, and the following senators answered to their names: Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Pincher of 51st Fincher of 54th Flowers Foster Gillis Gordy Hill Holley Holloway Jackson Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble Owens Padgett Plunkett Rowan Salome Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young 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 Webb of the llth asked unanimous consent that the following be established as the order of business for today: 1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. The consent was granted. 14 JOURNAL OF THE SENATE, The following bills were introduced, read the first time, and referred to committees: SB 1. By Senators Webb of the llth, Coggin of the 35th, and Gillis of the 20th: A bill to prohibit certain activities of legislators, and officers and em ployees of the legislative, judicial and executive branches of the State government and to regulate the conduct of said persons with respect to conflicts of interest between their public duties and their personal, business or professional interests; and for other purposes. Referred to Committee on Rules. SB 2. By Sentator 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; and for other purposes. Referred to Committee on Banking and Finance. SB 3. 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 Rules. Senator Webb of the llth moved that at the conclusion of the joint session the Senate stand adjourned until 10:00 o'clock tomorrow morning, and the mo tion prevailed. The hour of convening the joint session of the Senate and House, under the provisions of HR 5 and HR 6, having arrived, the president, accompanied by the secretary and the senators, proceeded to the hall of the House of Representa tives, and the joint session, called for the purpose of canvassing and publishing the election returns and declaring the results thereof, for public service com missioner, and the election of a Legislative Counsel, was called to order by the president of the Senate. The resolutions convening the joint session were read by the secretary of the Senate. The following report was read by the secretary of the Senate: TUESDAY, JANUARY 12, 1965 15 TO THE GENERAL ASSEMBLY OF GEORGIA, IN JOINT SES SION: We, the tellers, appointed to canvass the votes for Public Service Commissioner, as required by the Constitution, beg leave to submit the following report: For Public Service Commissioner Walter R. McDonald___._________........_........____.__.__....._..542,674 For Public Service Commissioner Alpha A. Fowler, Jr.__--_-____--._____----__----------------550,450 Write-in Votes for Public Service Commissioner: Chatham County____.._....Charles G. Butler (succeed Chappell)--_1 vote Crawford County.----.Alien Chappell. ..------___--------___~~....1 vote Fulton County......------Marvin Griffin _____________,,_.__.______1 vote Alien Chappell--------_____--____--_--_.2 votes Garland Byrd.--_________.__-____----1 vote Laurens County,----_____ Alien Chappell---------------------------1 vote Sumter County......______._ Alien Chappell._----------------.------___.3 votes We recommend the candidates named above, who have received a majority of the votes be and they are hereby declared elected to their respective offices. Respectfully submitted: ON THE PART OF THE SENATE: John M. Gayner, 5th William A. Searcey, 2nd A. W. Holloway, 12th ON THE PART OF THE HOUSE: J. Lucius Black John H. Anderson, Jr. J. Floyd Harrington By unanimous consent, the report of the tellers was adopted. Under the provisions of HR 6, the following resolution was read: HR 16-JR 1. By Senator Webb of the llth and Mr. Bolton of Spalding: 16 JOURNAL OF THE SENATE, A RESOLUTION Relative to the election of the Legislative Counsel; and for other purposes. WHEREAS, the Law creating the Office of Legislative Counsel provides that the Legislative Counsel shall be elected by the Legisla tive Services Committee subject to the approval of both branches of the General Assembly in joint session; and WHEREAS, the Committee has met and elected Honorable Frank H. Edwards as Legislative Counsel and recommends to the General Assembly the approval thereof: NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, IN JOINT SESSION ASSEMBLED, that the election of Honorable Frank H. Edwards by the Legislative Services Committee as Legislative Counsel, is hereby approved and he is hereby declared to be Legislative Counsel as provided by law. BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the Governor and to the Secretary of State. By unanimous consent, JR 1 was adopted. Senator Webb of the llth moved that the joint session be now dissolved, and the motion prevailed. The hour for convening the joint session for the purpose of hearing a mes sage by His Excellency, Governor Carl E. Sanders, having arrived, the joint session was called to order by the president of the Senate. The secretary read the resolution providing for the joint session. The doorkeeper announced His Excellency, the Governor, and his committee of escort at the door, and awaited the pleasure of the General Assembly. The president directed the doorkeeper to admit the distinguished guests, and they were admitted. The president introduced the Governor, who addressed the General Assem bly with the following remarks: TUESDAY, JANUARY 12, 1965 17 LIEUTENANT GOVERNOR GEER, SPEAKER SMITH, DISTIN GUISHED MEMBERS OF THE SENATE AND HOUSE, GRACIOUS LADIES, HONORED GUESTS, MY FRIENDS AND FELLOW GEORGIANS: I am honored to appear today before this gathering of Georgia's chosen leadership at the midpoint of our Administration, and at the climax for me of a decade of public service to our State Government. It was ten years ago that I was privileged to take the oath for the first time as a Member of the General Assembly of Georgia. Today, my mind goes back over those rewarding years, and my thoughts encompass the trials and tribulations which you and I have faced together, the work we have accomplished, and the warm friend ships we have made. I shall forever cherish the memories of that decade. Having served both as a member of the House and the Senate, I appreciate the problems, the pressures, and the aspirations of the Membership of this august body. I am grateful for the help and support which you have given me in the past, and I solicit your continued support for the future. I assure you that you have my wholehearted assistance and understanding as you perform the duties entrusted to you by the people of Georgia. Never in our lifetime, or in the history of our beloved State, has the path of our progress been so true, the future of our people so bright, or the economy of our State so prosperous. In short, my friends, the State of our State is truly excellent! It is time now to look at the ledger. I know that you take pride in what our partnership has accom plished. --Georgians experienced last year the Nation's third largest in crease in per capita income; --Capital investments for new and expanded industry more than doubled in 1964, and Georgia enjoyed her greatest year of industrial progress; --Last year 19,300 new jobs were created for our citizens, and un employment in Georgia is at its lowest level in 10 years; --In the last two years we have completed more highway construc tion--interstate, primary, and secondary roads--than in any compara ble period; 18 JOURNAL OF THE SENATE, --Georgia's airport development program is Number One in the Nation; --Tourism is now better than a $350,000,000 industry in Georgia; --Our State Parks were visited by more than five million people last year, and parks revenue rose 120 per cent; --Agricultural production and the per capita increase of farm income is at an all-time high. Now, let me cite a few of the accomplishments of the agencies of our State Government. --The Revenue Department has been reorganized, automated, and is collecting more revenue today than ever before. All Georgians, with no exceptions, are paying their fair share of the cost of operating their State Government. --The Penal System has been revamped, our prison population has declined, and emphasis is now on rehabilitation, rather than punish ment. This will be accelerated with the construction of a classification center and new prison facility in Butts County. --The Game and Fish Department has been reorganized, and is providing Georgians with their finest program of conservation, fish, and wildlife management. --Georgia's system of public education, both in the common schools and University System, in the past two years has experienced its greatest growth and upgrading of quality. --Teachers and college faculty members have received the largest salary increases of any like period, and by the end of our Administra tion, we will have added more than 10,000 new teachers and 900 college professors. --The Department of Education, now one of the top six in the Nation, has been reorganized to provide greater economy and efficiency, and the Master Plan for Education--authorized by you last year--is well underway. --The old Department of Public Welfare, renamed the Depart ment of Family and Children Services, has been reorganized, and a Division for Children and Youth established. Today we are providing the greatest benefits for the largest number of youth and senior citizens of all time. --A constitutional Highway Board has been approved by the people. --A new Water Quality Control Board has been established. TUESDAY, JANUARY 12, 1965 19 --The Department of Public Health has been reconstituted, the Public Health Code completely rewritten. --The new Department of Industry and Trade has embarked upon a revitalized program. --In the field of mental health, we are implementing the largest program ever, including operation of a new mental health intensive treatment and training center, and construction of a $13,500,000 hos pital for mentally retarded children. --During the last two years, 3,550 employees have been brought under the State Merit System. In the next two years, 5,800 more will be added. --Funds were made available for the construction of the Police Academy. --Acting together, we enacted the first statewide sheriffs' salary bill to eliminate the evils of the fee system. --We enacted Georgia's first comprehensive elections code. --We have moved decisively to eradicate speed traps and clip joints which preyed upon tourists going through our State. These accomplishments have been brought about through sound, economical, and efficient operation of your State Government. I assure you that, with your help, I will continue to improve the operation of our government. We will continue to effectuate all possible economies and efficiencies. Our Administration already is instituting a self-insurance program for the State Government which ultimately will save the taxpayers of Georgia a minimum of a half-million-dollars a year. While services to the people were increased nearly $7 per person last year, the relative administrative cost of providing these services decreased. And significantly, we have achieved these magnificent accomplish ments within a balanced budget. It is with pride that I present to you another balanced budget-- a budget from which over $130,000,000 dollars in agency requests have been eliminated--a budget which can be financed and which offers a new blueprint for further greatness for Georgia. 20 JOURNAL OP THE SENATE, The budget calls for an expenditure of $583,000,000 in Fiscal 1966, and $628,000,000 in Fiscal 1967. Let us reflect upon the fact that, by the end of the upcoming twoyear budget, we will be investing almost 60 cents of every dollar of the people's money in education. In four years, we will have invested $1,205,694,000 in the education and training of Georgians. This is nearly $400,000,000 more than in any previous four-year period of our history. It is remarkable to note that, during our Administration, we will have allocated, for the common schools, $69,000,000 more than was spent for that purpose from 1871--when the statewide school system was created--until 1955, when I first took my seat in the General Assembly. In higher education, we have the largest building program in his tory, and appropriations during our Administration will exceed the prior four years combined by 72 per cent. Let me now mention some highlights of the new budget. The section dealing with public schools provides: --For teacher salary increases of $200 for the first year of the biennium; $300 for the second. These raises will become effective in September of each year, and will fulfill my repeated pledge to Georgia's teachers. This Administration financed a $200 teacher raise granted in Fiscal 1963. In Fiscal 1964, an additional raise of $300 was provided. In Fiscal 1965, another $200 raise was allocated. In the new budget, as already mentioned, in Fiscal 1966, $200; in Fiscal 1967, $300--making a grand total of $1,200 in teacher salary increases financed by this Administration. The public schools budget also provides: --For the first time, a State allotment of $42,500,000 to cover the employment of 4,985 other certified, professional personnel; --Funds for 2,077 additional classroom teachers; --Five million, three hundred ninety-one thousand, two hundred dollars for consumable instructional materials, the first such program in Georgia. TUESDAY, JANUARY 12, 1965 21 --An additional $366,000 for vocational rehabilitation; --An additional $1,461,000 dollars for area vocational trade schools; --A total of $1,254,000 for the first increase in school transporta tion allotments in six years. --One million, eight hundred seventeen thousand dollars for a State-wide educational television network, which will be in operation by the close of this Administration. --An additional $222,000 for a computer system to bring about complete modernization of the reporting and accounting systems of the Department of Education. --One hundred sixty thousand dollars each year for the Governor's Honors Program for Georgia's brightest students. In summary, budget recommendations for the public schools provide a $19,500,000 increase for Fiscal 1966, and an increase of $38,000,000 for Fiscal 1967, or a total operating increase of $57,000,000. The budget recommendations for the University System provide for: --First, an increase of 5 per cent in faculty salaries during the first year of the new budget, and an additional 7% per cent increase in the second year, together with a 5 per cent increase each year for non-academic employees. These increases follow the 15% per cent in crease in faculty salaries provided the first two years of our Adminis tration. --Second, 679 new faculty members at a cost of $7,859,000 in order to provide teachers for the 16-thousand additional students coming into our colleges during this Administration. --Third, $1,717,000 for an additional 415 non-faculty employees. --Fourth, a substantial operating increase for research programs and graduate training, and, for the first time, funds for full utilization of the Eugene Talmadge Memorial Hospital. --Fifth, the opening and operation of six new junior colleges located at Dalton, Albany, Gainesville, Marietta, Decatur and Bruns wick. --Sixth, the conversion of Augusta College, Georgia Southwestern College in Americus, and Armstrong College in Savannah, into fouryear degree-granting institutions. 22 JOURNAL OF THE SENATE, The budget provides funds for two new scholarship programs em bodied in the constitutional amendments passed by the General Assem bly and approved by the people. We will provide 450 scholarships each year to qualified students desiring to study in the paramedical fields, and guarantee low-interest student loans, to provide every Georgia boy and girl an opportunity to go to college--two other "firsts" for our Administration. In short, this budget document provides the greatest emphasis on education our State has ever known. Our Administration is the first to mount a major attack on the problems associated with the children and youth of our State. We will continue our efforts by constructing six regional detention homes, at a cost of $1,200,000, to eliminate the appalling practice of putting disturbed children in common jails. We will put a juvenile court worker in each of Georgia's 40 judicial circuits. An additional $1,200,000 will provide hospital and medical care for dependent children--for the first time and will enable the Children and Youth Division to increase its foster care program. It is time that we take these "lost" boys and girls by the hand-- children who have been less fortunate, who need help and guidance-- and, as public officials, embrace them with all the love and affection which we would show to our own children. We have talked about our programs for youth. Now let us turn to our Senior Citizens. There are nearly 100,000 Georgians over 65 not receiving Old Age Assistance whose incomes are not sufficient to meet major medical expenses. Therefore, I am recommending implementation of the Medical Assistance to the Aged Section of the Kerr-Mills Program. This should be done irrespective of what might occur on the Fed eral level. It will provide, for the first time in Georgia, a medical care program for citizens over 65. (During the four years of the present Administration, welfare assistance grants, including medical care for the truly needy persons of our State, will have increased from $93,500,000 to $116,000,000.) TUESDAY, JANUARY 12, 1965 23 In the vital field of public health, I have recommended increases totaling more than $8,600,000. There is an increase of $1,000,000 in the regular operations budget of the Health Department for operating new institutions and providing grants to counties to expand health services. The major increases for the Health Department are a result of the vital need to upgrade and maintain the quality of the Milledgeville and Gracewood facilities. The Milledgeville State Hospital operating budget is being increased by $3,000,000. This will provide 439 new staff members, and will allow improved food services, renovation of sub-standard facilities, more doc tors and medical supplies. Gracewood is to receive an additional $900,000 dollars for 151 staff additions and more personal care for the patients. The budget increases for mental health during our Administration will have been the greatest, percentagewise, in State history. Georgia's modernized Highway Department has made great strides toward meeting today's road needs, and providing a more efficient highway operation. The new budget, due to increases in highway user revenues, pro vides for an increase of $8,800,000 in the first year, and $11,300,000 in the second year. State and Federal funds for highway construction for the next two years will total more than $337,000,000, and this is in addition to the $400,000,000 road program already under commitment or construc tion in Georgia. For the Department of Industry and Trade, the budget provides an increase of $2,200,000. This will include: Four hundred ninety-seven thousand dollars each year for the area planning and development program; One million dollars for the Tourist Division; A $200,000 annual increase for advertising; A $423,000 increase for the Research Division; And $671,000 for the Industry Division. 24 JOURNAL OF THE SENATE, These recommendations will provide our State with its greatest impetus for industrial development. The Department of Agriculture will have a budget of $6,200,000 for Fiscal 1966, and $6,500,000 for Fiscal 1967. This will provide for a full meat inspection program, and continue to assure the highest quality of agricultural goods for Georgia families. An increase of $1,700,000 for the Board of Corrections will mod ernize our correctional facilities, continue to upgrade the quality of personnel, and institute the first program of rehabilitative prison indus tries in Georgia's history. Increases for the Parole and Probation Boards will allow these agencies to carry out their responsibilities in the penal reform program. The increased budget of the Forestry Commission of $900,000 for the first year and $964,000 for the second places all the employees of this major department under Merit System standards, and will keep Georgia in the forefront of forest conservation activities. The $1,129,000 increase in the budget for the Department of Public Safety for Fiscal 1966, and the $1,600,000 increase for Fiscal 1967, will provide our State with 80 more State patrolmen, 37 additional drivers' license examiners, and funds for our new drivers' license pro gram, a Police Academy staff, and construction of four new State Patrol Stations. The new budget provides funding for a new $6,000,000 ports pro gram, including major additions at Savannah and Brunswick, as well as improvements at all other State Port facilities. There is also an operating budget increase of nearly $500,000 for our Parks Department, as well as a one and one-half million dollar bond program for improvement of our State Parks facilities. The budget for the Game and Fish Department provides an increase of more than $500,000, making a total budget allocation of $3,728,000. It was my privilege as a member of the General Assembly to help sponsor and pass the first legislation authorizing direct grants to municipalities. As Governor, two years ago I recommended the first legislative appropriation for direct grants to our cities and towns. The time has arrived to recognize the municipalities of our State as full partners in the operation of our Government. Therefore, I propose that we increase the appropriation from $1,000,000 to $6,000,000 for municipalities during the first year of the TUESDAY, JANUARY 12, 1965 25 biennium, and from $1,000,000 to $9,300,000 during the second year, giving a two-year total of $15,300,000 in direct grants. Now, let me say something about the next two years. In many in stances in the past history of our State, the first half of an Administra tion was devoted to the people . . . the second half to politics. This is not going to happen this time. This Administration will become a lameduck Administration at high noon on January 10th, 1967 . . . and not one minute before! Before concluding, I would like to say a word about reapportionment of the House of Representatives. As you know, we are under an order of the Court to reapportion at this Session. Therefore, we have no choice in this matter, except the choice of doing it properly, or leaving it to the Courts. As for me, I want this Legislature--stemming as it does from the grassroots of Georgia, with its hand on the pulse of every citizen and its ear attuned to the heartbeat of our people--to do this job. I realize that this is a matter affecting the internal composition of the Membership of the Legislative Branch of the State Government. Recognizing the doctrine of separation of powers, and respecting your sovereign prerogatives, I will not presume to suggest any plan of action. At the same time, I wish to assure you that I will offer any help or cooperation which you may deem proper in effecting a solution to this dilemma. I am confident that, during this Session, you can and will arrive at a plan acceptable to the great majority of the General Assembly, and in the best interests of the more than 4-million citizens of our State. In conclusion, let me remind you of what each of us already knows, but must always remember: Our tasks require strength and courage, endurance and pride; Our duties demand conviction and self-respect, attention and action; Our goals implore responsibility and reason, purpose and prayer. Let us ever look up, not down; Look forward, not back. 26 JOURNAL OP THE SENATE, It is for history to honor the past; but it is for us to honor the present. Let us stand together now in common and united purpose to accom plish jointly what each would achieve separately. By so doing, a victory for all is a victory for each, each of the 4-million 100-thousand citizens of our State; and these years, then, forever will be remembered as Georgia's Golden Era of Growth and Greatness. Senator Webb of the llth moved that the joint session be now dissolved, and the motion prevailed. The president announced the joint session dissolved. Under the provisions of a previous motion, the Senate stood adjourned until 10:00 o'clock tomorrow morning. WEDNESDAY, JANUARY 13, 1965 27 Senate Chamber, Atlanta, Georgia, Wednesday, January 13, 1965. The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president. Scripture reading and prayer was offered by the Reverend William Hines, pastor, First Presbyterian Church, Waynesboro, Georgia. The roll was called, and the following senators answered to their names: Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 51st Flowers Foster Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble Owens Padgett Pennington Plunkett Rowan Salome Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young 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 Webb of the llth 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. 28 JOURNAL OP THE SENATE, 4. Reports of standing committees. The consent was granted. The following bill and resolution were introduced, read the first time, and referred to committees: SB 4. By Senators Broun of the 46th, Webb of the llth, and Coggin of the 35th: A bill to provide home rule for municipalities; to provide methods for the creation, dissolution, merger, and boundary changes of municipali ties; to provide the procedure connected therewith; and for other purposes. Referred to Committee on Rules. SR 7. By Senators Broun of the 46th, Webb of the llth, and Coggin of the 35th: A resolution proposing an amendment to the Constitution so as to pro vide home rule for counties; and for other purposes. Referred to Committee on Rules. The following bills were read the second time: SB 1. By Senators Webb of the llth, Coggin of the 35th, and Gillis of the 20th: A bill to prohibit certain activities of legislators, and officers and employees of the legislative, judicial and executive branches of the State government and to regulate the conduct of said persons with respect to conflicts of interest between their public duties and their personal, business or professional interests; and for other purposes. SB 2. 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; and for other purposes. SB 3. By Senator Wesberry of the 37th: A bill providing the procedure for statements of fiscal explanation to WEDNESDAY, JANUARY 13, 1965 29 accompany legislation expending or decreasing the expenditure of any state funds; to repeal conflicting laws; and for other purposes. The following resolutions were read and adopted: SR 6. By Senators Broun of the 46th, Coggin of the 35th and Gillis of the 20th: A resolution commending the officials of the Athletic Department of the University of Georgia; and for other purposes. SR 8. By Senators Padgett of the 23rd, Poster of the 21st, Holley of the 22nd, McGill of the 24th, Pennington of the 45th, Spinks of the 9th, Jackson of the 16th, Rowan of the 8th, Owens of the 49th, Young of the 13th, Lee of the 47th and McKenzie of the 17th. A resolution commending the Honorable James L. Gillis for the manner in which he has handled the entire program of the State Highway Department; and for other purposes. The president announced the following standing committees: AGRICULTURE AND NATURAL RESOURCES Pennington of 45th, Chairman Spinks of 9th, Vice-Chairman Carter of 14th, Secretary Ballew of 50th Dean of 6th Downing of 1st Eldridge of 7th Foster of 21st Gillis of 20th McGill of 24th McKenzie of 17th Miller of 43rd Noble of 19th Owens of 47th Rowan of 8th Young of 13th APPROPRIATIONS Gillis of 20th, Chairman Webb of llth, Vice-Chairman Coggin of 35th, Secretary Broun of 46th Carter of 14th Eldridge of 7th Flowers of 10th Gayner of 5th Hall of 52nd Holley of 22nd Holloway of 12th Jackson of 16th Johnson of 38th Johnson of 42nd Loggins of 53rd Maclntyre of 40th Minish of 48th Moore of 31st Noble of 19th Owens of 49th Pennington of 45th Plunkett of 30th Rowan of 8th Searcey of 2nd Smalley of 28th Smith of 18th Spinks of 9th Tribble of 3rd 30 JOURNAL OF THE SENATE, BANKING AND FINANCE Johnson of 42nd, Chairman Smith of 18th, Vice-Chairman Searcey of 2nd, Secretary Bateman of 27th Gillis of 20th Holley of 22nd Kilpatrick of 44th McGill of 24th McKenzie of 17th Miller of 43rd Plunkett of 30th Tribble of 3rd Wesberry of 37th Ex-Officio Member--Senate Floor Leader BUSINESS, TRADE AND COMMERCE Jackson of 16th, Chairman Dean of 6th, Vice-Chairman Eldridge of 7th, Secretary Kilpatrick of 44th Thompson of 34th Ward of 39th Webb of llth COUNTY AND MUNICIPAL GOVERNMENT Downing of 1st, Chairman Coggin of 35th, Vice-Chairman Padgett of 23rd, Secretary Johnson of 42nd Maclntyre of 40th Sanders of 41st Tribble of 3rd Ward of 39th Wesberry of 37th DEFENSE AND VETERANS AFFAIRS Kidd of 25th, Chairman Carter of 14th, Vice-Chairman Fincher of 51st, Secretary Sanders of 41st Searcey of 2nd Thompson of 34th ECONOMY, REORGANIZATION AND EFFICIENCY IN GOVERNMENT Harry Jackson, Ex-Officio Member (President Pro-Tern) Gayner of 5th, Chairman Spinks of 9th, Vice-Chairman Pennington of 45th, Secretary Bateman of 27th Dean of 6th Fincher of 54th (W.W.) Minish of 48th Tribble of 3rd EDUCATIONAL MATTERS Kendrick of 32nd, Chairman Hall of 52nd, Vice-Chairman Carter of 14th, Secretary Bateman of 27th Broun of 46th Edenfield of 4th Fincher of 51st Flowers of 10th Foster of 21st Holley of 22nd Johnson of 38th Kilpatrick of 44th Maclntyre of 40th Miller of 43rd Noble of 19th Padgett of 23rd Plunkett of 30th Rowan of 8th WEDNESDAY, JANUARY 13, 1965 31 Sanders of 41st Wesberry of 37th Webb of llth Carter of the 14th, Chairman, Sub-Committee on Higher Education HEALTH AND WELFARE Fincher of 51st, Chairman Moore of 31st, Vice-Chairman Owens of 49th, Secretary Adams of 26th Bateman of 27th Edenfield of 4th Fincher of 54th Johnson of 38th Kidd of 25th Minish of 48th Tribble of 3rd Ward of 39th Wesberry of 37th Yancey of 33rd Holloway of 12th, Chairman Lee of 47th, Vice-Chairman McGill of 24th, Secretary Adams of 26th Ballew of 50th Broun of 46th Carter of 14th Dean of 6th Downing of 1st Edenfield of 4th HIGHWAYS Fineher of 54th Foster of 21st McGill of 24th Minish of 48th Moore of 31st Owens of 49th Padgett of 23rd Searcey of 2nd Smalley of 28th Smith of 18th INTERSTATE COOPERATION Broun of 46th, Chairman Hill of 29th, Vice-Chairman Loggins of 53rd Miller of 43rd INSTITUTIONS AND MENTAL HEALTH Owens of 49th, Chairman Edenfield of 4th, Vice-Chairman Adams of 26th, Secretary Smalley of 28th, Chairman Webb of llth, Vice-Chairman Yancey of 33rd, Secretary Ballew of 50th Edenfield of 4th Holley of 22nd JUDICIARY Johnson of 38th Johnson of 42nd Kilpatrick of 44th Salome of the 36th Sanders of the 41st PENAL AND CORRECTIONAL AFFAIRS Hall of 52nd, Chairman Noble of 19th, Vice-Chairman Lee of 47th, Secretary Adams of 26th Ward of 39th Young of 13th 32 JOURNAL OP THE SENATE, PUBLIC UTILITIES AND TRANSPORTATION Loggins of 53rd, Chairman Kidd of 25th, Vice-Chairman Lee of 47th, Secretary Downing of 1st Fincher of 51st Fincher of 54th Gordy of 15th McKenzie of 17th Moore of 31st RULES Mr. President, Chairman Webb of llth, Vice-Chairman Rowan of 8th, Secretary Coggin of 35th Eldridge of 7th Flowers of 10th Foster of 21st Gayner of 5th Gillis of 20th Hall of 52nd Hill of 29th Holloway of 12th Jackson of 16th Kendrick of 32nd Loggins of 53rd Moore of 31st Pennington of 45th Salome of 36th Spinks of 9th Young of 13th SENATE ADMINISTRATIVE AFFAIRS Gordy of 15th, Chairman Young of 13th, Secretary Ballew of 50th TEMPERANCE Salome of 36th, Chairman Searcey of 2nd, Vice-Chairman Coggin of 35th, Secretary Yancey of 33rd INDUSTRY AND LABOR Plunkett of 30th, Chairman Smith of 18th, Vice-Chairman Padgett of 23rd, Secretary Downing of 1st Flowers of 10th Gayner of 5th Gordy of 15th Hill of 29th Holloway of 12th Jackson of 16th Kendrick of 32nd Kidd of 25th Lee of 47th McGill of 24th Maclntyre of 40th McKenzie of 17th Salome of 36th Thompson of 34th Senator Webb of the llth moved that the Senate do now adjourn until 10:00 o'clock tomorrow morning, and the motion prevailed. The president announced the Senate adjourned until 10:00 o'clock tomorrow morning. THURSDAY, JANUARY 14, 1965 33 Senate Journal, Atlanta, Georgia, Thursday, January 14, 1965. 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 the Reverend J. R. Smith, pastor, Broad Street Baptist Church, Hawkinsville, Georgia. Prayer was offered by the Reverend B. A. Winburn, pastor, First Baptist Church, Hawkinsville, Georgia. By unanimous consent, the call of the roll was dispensed with. Senator Young of the 13th 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 Webb of the llth 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. The consent was granted. The following bills and resolutions were introduced, read the first time, and referred to committees: SB 5. By Senator Sanders of the 41st: A bill to amend the charter of the City of Lithonia, providing for qualifying fees and notice of candidacy for the office of Mayor and Councilmen; and for other purposes. Referred to Committee on County and Municipal Government. 34 JOURNAL OF THE SENATE, SB 6. By Senators Lee of the 47th, Pennington of the 45th: A bill relating to the regulation of the practice of veterinary medicine, so as to completely and exhaustively revise the laws relating to the practice of veterinary medicine; and for other purposes. Referred to Committee on Health and Welfare. SB 7. By Senators Webb of the llth, Hill of the 29th, and Plunkett of the 30th: A bill to create the Georgia State Scholarship Commission; and for other purposes. Referred to Committee on Educational Matters. SB 8. By Senators Webb of the llth, Plunkett of the 30th, and Hill of the 29th: A bill to create the Georgia Higher Education Assistance Corporation; and for other purposes. Referred to Committee on Educational Matters. SB 9. By Senators Broun of the 46th, Lee of the 47th, and Minish of the 48th: A bill relating to the several kinds of larceny or theft and the punish ment therefor, so as to change the punishment for larceny of any automobile, locomobile, motorcycle, motor vehicle, or other kind of vehicle propelled by electricity or gasoline; and for other purposes. Referred to Committee on Judiciary. SB 10. By Senator Wesberry of the 37th: A bill providing for the inspection of public records, so as to provide for the inspection of the records of any board, bureau, commission, authority or public agency which is wholly or partially supported by public monies; and for other purposes. Referred to Committee on Rules. SB 11. By Senator McGill of the 24th: A bill relating to the several kinds of larceny or theft and the punishr ment therefor, so as to change the punishment for larceny of any automobile, locomobile, motorcycle, motor vehicle, or other kind of vehicle propelled by electricity or gasoline; and for other purposes. Referred to Committee on Judiciary. SB 12. By Senator Plunkett of the 30th: A bill relating to the count and return of votes in election districts in which ballots are used, so as to provide that assistant managers and poll officers designated by the chief manager shall assist in reading THURSDAY, JANUARY 14, 1965 35 the names of candidates marked or written upon ballots, together with the office for which the person named is a candidate, and the answers contained on the ballots to questions submitted; and for other purposes. Referred to Committee on Rules. SB 13. By Senator Plunkett of the 30th: A bill relating to the procedure for voting absentee ballots in primaries and elections, so as to provide that certain electors voting by absentee ballots may vote in the presence of any person authorized to administer oaths in any State of the United States or in any possession of the United States where such elector is located at the time of voting by absentee ballot; and for other purposes. Referred to Committee on Rules. SR 9. By Senator Smalley of the 28th: A resolution proposing an amendment to the Constitution so as to change the provisions relating to the method of amending the Constitu tion; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to Committee on Rules. SR 10. By Senators Young of the 13th, Rowan of the 8th, Noble of the 19th, and others: A resolution proposing an amendment to the Rules of the Senate so as to provide for the regulation of the appointment of pages of the Senate; and for other purposes. Referred to Committee on Rules. SR 11. By Senators Rowan of the 8th, and Webb of the llth: A resolution amending the rules of the Senate; and for other purposes. Referred to Committee on Rules. The following bill and resolution were read the second time: SB 4. By Senators Broun of the 46th, Webb of the llth, and Coggin of the 35th: A bill to provide home rule for municipalities; to provide methods for the creation, dissolution, merger, and boundary changes of municipali ties; to provide the procedure connected therewith; and for other pur poses. 36 JOURNAL OF THE SENATE, SR 7. By Senators Broun of the 46th, Webb of the llth, and Coggin of the 35th: A resolution proposing an amendment to the Constitution so as to provide home rule for counties; and for other purposes. Senator Gordy of the 15th, 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 resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House of Representatives: SR 6. Respectfully submitted, Gordy of the 15th District, Chairman. The following resolution was read and adopted: SR 12. By Senator Plunkett of the 30th: A resolution commending the Carrollton High School Trojans; and for other purposes. Senator Webb of the llth moved that the Senate do now adjourn until 10:00 o'clock tomorrow morning, and the motion prevailed. The president announced the Senate adjourned until 10:00 o'clock tomorrow morning. FRIDAY, JANUARY 15, 1965 37 Senate Chamber, Atlanta, Georgia. Friday, January 15, 1965. The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by Senator Kilpatrick of the 44th. Scripture reading and prayer was offered by the Reverend Henry T. Daniel, pastor, Sexton Woods Baptist Church, Chamblee, Georgia. By unanimous consent, the call of the roll was dispensed with. Senator Young of the 13th 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 Webb of the llth 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. 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 Senate to-wit: SR 6. By Senators Broun of the 46th, Coggin of the 35th, and Gillis of the 20th: 38 JOURNAL OF THE SENATE, A resolution commending the officials of the Athletic Department of the University of Georgia; and for other purposes. The following bills were introduced, read the first time, and referred to committees: SB 14. By Senators Kendrick of the 32nd, and Johnson of the 38th: A bill regulating traffic on the streets and highways of this State, so as to redefine the term "school bus"; to repeal conflicting laws; and for other purposes. Referred to Committee on Highways. SB 15. By Senators Kendrick of the 32nd, Hall of the 52nd, Rowan of the 8th, and others: A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to prescribe the provisions for establishing the basis for a minimum schedule of salaries; and for other purposes. Referred to Committee on Educational Matters. SB 16. By Senator Downing of the 1st: A bill to prescribe and establish compensation for the Chief Judge and for the Associate Judge of the Municipal Court of Savannah; to repeal conflicting laws; and for other purposes. Referred to Committee on County and Municipal Governments. SB 17. By Senators Johnson of the 38th, Salome of the 36th, Thompson of the 34th and others: A bill to amend an Act providing a system of pensions and other bene fits 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 change the provisions as to maximum pension benefits; to repeal conflicting laws; and for other purposes. Referred to Committee on County and Municipal Governments. SB 18. By Senators Ward of the 39th, Johnson of the 38th, Salome of the 36th: A bill to amend the Act providing that cities having a population of more than 150,000 as disclosed by the United States Census of 1920 shall furnish pensions to officers and employees of such cities. To amend Section 2 of Ga. Laws 1962, pp. 3015, 3016, providing pensions for officers failing to be reelected or reappointed, by repealing said FRIDAY, JANUARY 15, 1965 39 Section and inserting a new Section in lieu thereof; and for other pur poses. Referred to Committee on County and Municipal Governments. SB 19. By Senators Thompson of the 34th, Ward of the 39th, and others: A bill establishing a new charter for the City of Atlanta; and for other purposes. Referred to Committee on County and Municipal Governments. SB 20. By Senators Maclntyre of the 40th, Johnson of the 38th, Salome of the 36th, and others: A bill to amend an Act providing for pensions for members of police departments in cities having a population of 150,000 or more, and the several Acts amendatory thereof, providing a system of pensions and other benefits for such members and their dependents; to provide addi tional pension benefits for such members; to change the provision as to maximum pension benefits; to provide a reduced pension at age 50 after 25 years service; to repeal conflicting laws; and for other pur poses. Referred to Committee on County and Municipal Governments. SB 21. By Senator Johnson of the 38th: A bill relating to the apportionment of the House of Representatives, so as to provide for the apportionment of the House of Representatives; to provide for the election of members; to provide for reapportionment; to provide the procedure connected therewith; and for other purposes. Referred to Committee on Rules. SB 22. By Senator Johnson of the 38th: A bill establishing the Teachers Retirement System of Georgia, so as to provide for two additional members of the Board of Trustees; and for other purposes. Referred to Committee on Educational Matters. The following bills and resolution were read the second time: SB 5. By Senator Sanders of the 41st: A bill to amend the charter of the City of Lithonia, providing for qualifying fees and notice of candidacy for the office of Mayor and Councilmen; and for other purposes. 40 JOURNAL OF THE SENATE, SB 6. By Senators Lee of the 47th, Pennington of the 45th: A bill relating to the regulation of the practice of veterinary medicine, so as to completely and exhaustively revise the laws relating to the practice of veterinary medicine; and for other purposes. SB 7. By Senators Webb of the llth, Hill of the 29th, and Plunkett of the 30th: A bill to create the Georgia State Scholarship Commission; and for other purposes. SB 8. By Senators Webb of the llth, Plunkett of the 30th, and Hill of the 29th: A bill to create the Georgia Higher Education Assistance Corporation; and for other purposes. SB 9. By Senators Broun of the 46th, Lee of the 47th, and Minish of the 48th: A bill relating to the several kinds of larceny or theft and the punish ment therefor, so as to change the punishment for larceny of any automobile, locomobile, motorcycle, motor vehicle, or other kind of vehicle propelled by electricity or gasoline; and for other purposes. SB 10. By Senator Wesberry of the 37th: A bill providing for the inspection of public records, so as to provide for the inspection of the records of any board, bureau, commission, authority or public agency which is wholly or partially supported by public monies; and for other purposes. SB 11. By Senator McGill of the 24th: A bill relating to the several kinds of larceny or theft and the punish ment therefor, so as to change the punishment for larceny of any automobile, locomobile, motorcycle, motor vehicle, or other kind of vehicle propelled by electricity or gasoline; and for other purposes. SB 12. By Senator Plunkett of the 30th: A bill relating to the count and return of votes in election districts in which ballots are used, so as to provide that assistant managers and poll officers designated by the chief manager shall assist in reading the names of candidates marked or written upon ballots, together with the office for which the person named is a candidate, and the answers contained on the ballots to question submitted; and for other purposes. FRIDAY, JANUARY 15, 1965 41 SB 13. By Senator Plunkett of the 30th: A bill relating to the procedure for voting absentee ballots in primaries and elections, so as to provide that certain electors voting by absentee ballots may vote in the presence of any person authorized to administer oaths in any State of the United States or in any possession of the United States where such elector is located at the time of voting by absentee ballot; and for other purposes. SR 9. By Senator Smalley of the 28th: A resolution proposing an amendment to the Constitution so as to change the provisions relating to the method of amending the Consti tution; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes. Senator Webb of the llth moved that the Senate do now adjourn until 11:00 o'clock Monday morning, and the motion prevailed. The acting president announced the Senate adjourned until 11:00 o'clock Monday morning. 42 JOURNAL OF THE SENATE, Senate Chamber, Atlanta, Georgia, Monday, January 18, 1965. 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 Guy Hutcherson, pastor, St. Paul Methodist Church, Columbus, Georgia. Prayer was offered by the Reverend Thomas 0. Kay, pastor, First Baptist Church, Washington, Georgia. The roll was called, and the following senators answered to their names: Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble Owens Padgett Pennington Plunkett Rowan Salome Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young Senator Gordy of the 15th reported that the journal of Friday's proceedings had been examined and found correct. By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed. Senator Webb of the llth asked unanimous consent that the following be established as the order of business for today: 1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. MONDAY, JANUARY 18, 1965 43 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions. The consent was granted. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House to-wit: HB 1. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1965, in addition to any other appro priations 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 2. By Messrs. Floyd of Chattooga, Rowland of Johnson, Moore of Polk and Moses of Montgomery: A bill to amend an act to provide for the registration of motor vehicles and the issuance of motor vehicle license plates by the tax collectors or tax commissioners of the various counties; as amended, so as to provide that the local tax collector or tax commissioner may be directed to act as agent for issuing said plates; and for other purposes. The following bills and resolutions were introduced, read the first time, and referred to committees: SB 23. By Senator Coggin of the 35th: A bill regulating the occupation of cosmetology and creating the Geor gia State Board of Cosmetology, so as to increase the number of members of the Board of Cosmetology; and for other purposes. Referred to Committee on Health and Welfare. 44 JOURNAL OP THE SENATE, SB 24. By Senators Sanders of the 41st, Miller of the 43rd, and Maclntyre of the 40th: A bill creating the Stone Mountain Memorial Association so as to re quire that in all future appointments to the Association made by the Governor he shall appoint at least one member who is a member of a political party of which the Governor is not a member; to provide the procedure connected therewith; and for other purposes. Referred to Committee on Rules. SR 13. By Senators Sanders of the 41st, Miller of the 43rd, and Maclntyre of the 40th: A resolution proposing an amendment to the Constitution, so as to pro vide for the appointment of certain members to public authorities of persons belonging to a political party other than that party of which the Governor is a member; to provide the procedure connected there with; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to Committee on Rules. SR 14. By Senators Pennington of the 45th, Webb of the llth, Spinks of the 9th, Gillis of the 20th, and Gayner of the 5th: A resolution requesting Congress to call a Convention for the purpose of proposing an Amendment to the Constitution of the United States; and for other purposes. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment. HB 1. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty and Brooks of Fulton: A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1965, in addition to any other appropri ations 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 2. By Messrs. Ployd of Chattooga, Rowland of Johnson, Moore of Polk and Moses of Montgomery: A bill to amend an act to provide for the registration of motor vehicles and the issuance of motor vehicle license plates by the tax collectors or tax commissioners of the various counties; as amended, so as to pro- MONDAY, JANUARY 18, 1965 45 vide that the local tax collector or tax commissioner may be directed to act as agent for issuing said plates; and for other purposes. Referred to Committee on Public Utilities and Transportation. The following bills were read the second time: SB 14. By Senators Kendrick of the 32nd, and Johnson of the 38th: A bill regulating traffic on the streets and highways of this State, so as to redefine the term "school bus"; to repeal conflicting laws; and for other purposes. SB 15. By Senators Kendrick of the 32nd, Hall of the 52nd, Rowan of the 8th, and others: A bill to amend an act known as the "Minimum Foundation Program of Education Act", so as to prescribe the provisions for establishing the basis for a minimum schedule of salaries; and for other purposes. SB 16. By Senator Downing of the 1st: A bill to prescribe and establish compensation for the Chief Judge and for the Associate Judge of the Municipal Court of Savannah; to repeal conflicting laws; and for other purposes. SB 17. By Senators Johnson of the 38th, Salome of the 36th, Thompson of the 34th, and others: A bill to amend an act providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000 as disclosed by the United States Census of 1920, or any subsequent census, so as to change the provisions as to maximum pension benefits; to repeal conflicting laws; and for other purposes. SB 18. By Senators Ward of the 39th, Johnson of the 38th, Salome of the 36th: A bill to amend the act providing that cities having a population of more than 150,000 as disclosed by the United States Census of 1920 shall furnish pensions to officers and employees of such cities. To amend Section 2 of Ga. Laws 1962, pp 3015, 3016, providing pensions for offi cers failing to be reelected or reappointed, by repealing said Section and inserting a new Section in lieu thereof, and for other purposes. SB 19. By Senators Thompson of the 34th, Ward of the 39th, and others: A bill establishing a new charter for the City of Atlanta, and for other purposes. 46 JOURNAL OP THE SENATE, SB 20. By Senators Maclntyre of the 40th, Johnson of the 38th, Salome of the 36th, and others: A bill to amend an act providing for pensions for members of police departments in cities having a population of 150,000 or more, and the several acts amendatory thereof, providing a system of pensions and other benefits for such members and their dependent; to provide ad ditional pension benefits for such members; to change the provision as to maximum pension benefits; to provide a reduced pension at age 50 after 25 years service; to repeal conflicting laws; and for other pur poses. SB 21. By Senator Johnson of 38th: A bill relating to the apportionment of the House of Representatives, so as to provide for the apportionment of the House of Representatives; to provide for the election of members; to provide for reapportionment; to provide the procedure connected therewith; and for other purposes. SB 22. By Senator Johnson of the 38th: A bill establishing the Teachers Retirement System of Georgia, so as to provide for two additional members of the Board of Trustees; and for other purposes. The following communication from His Excellency, Governor Carl E. Sanders, was read by the secretary: STATE OF GEORGIA Executive Department Atlanta January 11, 1965 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 Con stitution of the State of Georgia, I respectfully submit herewith to your Honorable Body criminal cases in which the death sentence was sus pended by me: State of Georgia v. Billy Ferguson: convicted of Murder in Douglas County, Georgia, and sentenced to death by electrocution on February 7, 1964; sentence stayed for a period of thirty days on January 30, MONDAY, JANUARY 18, 1965 47 1964, 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. Ernest Whippier: convicted of Murder in Bibb County, Georgia, and sentenced to death by electrocution on February 11, 1964; sentence stayed for a period of thirty days on February 4, 1964, 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. Ernest Whippier: convicted of Murder in Bibb County, Georgia, and sentenced to death by electrocution on March 31, 1964; sentence stayed for a period of thirty days on March 31, 1964, in order to permit an Excutive Sanity Commission to examine Whip pier and determine his sanity. State of Georgia v. Edward Jackson: convicted of Murder in Fulton County, Georgia, and sentenced to death by electrocution on May 22, 1964; sentence stayed for a period of thirty 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. Edward Jackson: convicted of Murder in Fulton County, Georgia, and sentenced to death by electrocution on July 7, 1964; sentence stayed for a period of thirty days in order to enable his attorney sufficient time within which to perfect and file the necessary pleadings in order to prosecute an appeal of the decision of the Honorable Stonewall Dyer denying extraordinary motion for new trial. State of Georgia v. Bernard Dye: convicted of Murder in McDuffie County, Georgia, and sentenced to death by electrocution on August 14, 1964; sentence stayed for a period of thirty days on August 7, 1964, in order to enable the State Board of Pardons and Paroles to have suf ficient time within which to hear and pass upon said case. With kindest personal regards to each of you, I am Sincerely, Carl E. Sanders Governor CES/ag The following communications were read by the secretary: STATE OF GEORGIA The General Assembly State Capitol Atlanta January 18, 1965 48 JOURNAL OP THE SENATE, State Capitol Atlanta, Georgia Dear Lieutenant Governor Geer: Pursuant to your call for a caucus under the provisions of the Act reorganizing the State Highway Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), a caucus was held on January 18, 1965, at 10:00 o'clock A. M., in Room 341, State Capitol, and a member of the State Highway Board from the 8th Congressional District was elected. This is to advise that Honorable E. J. Gayner, III, Glynn County, was elected to succeed himself. Respectfully submitted, Robert A. Rowan Senator, 8th District Chairman 8th Congressional District Caucus E. B. Smith, Jr. Representative, Telfair County Secretary 8th Congressional District Caucus STATE OF GEORGIA The General Assembly State Capitol Atlanta January 18, 1965 Honorable Peter Zack Geer Lieutenant Governor State Capitol Atlanta, Georgia Dear Lieutenant Governor Geer: Pursuant to your call for a caucus under the provisions of the Act reorganizing the State Highway Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), a caucus was held on January 15, 1965, at 10:00 o'clock A. M., in Room 341, State Capitol, and a member of the State Highway Board from the 7th Congressional District was elected. This is to advise that Honorable N. N. Burnes, Jr., Floyd County, was elected to succeed himself. Respectfully submitted, Albert F. Moore Senator, 31st District Chairman 7th Congressional District Caucus Virgil T. Smith MONDAY, JANUARY 18, 1965 49 Representative, Whitfield County Secretary 7th Congressional District Caucus STATE OF GEORGIA The General Assembly State Capitol Atlanta January 18, 1965 To: Honorable Ben W. Fortson, Jr. Secretary of State This is to certify that Honorable N. N. Burnes, Jr., has been elected pursuant to the provisions of the Act reorganizing the State Highway Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), as a member of the State Highway Board from the 7th Congressional District for a term of five years and until his successor is elected and qualified, such term beginning on April 16, 1965, and expiring April 15, 1970. This 18th day of January, 1965. Peter Zack Geer President of the Senate George T. Smith Speaker, House of Representatives STATE OF GEORGIA The General Assembly State Capitol Atlanta January 18, 1965 To: Honorable Ben W. Fortson, Jr. Secretary of State This is to certify that Honorable E. J. Gayner, III, has been elected pursuant to the provisions of the Act reorganizing the State Highway Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), as a member of the State Highway Board from the 8th Congressional District for a term of five years and until his successor is elected and qualified, such term beginning on April 16, 1965, and expiring April 15, 1970. This 18th day of January, 1965. Peter Zack Geer President of the Senate George T. Smith Speaker, House of Representatives 50 JOURNAL OF THE SENATE, Senator Webb of the llth 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, JANUARY 19, 1965 51 Senate Chamber, Atlanta, Georgia Tuesday, January 19, 1965. 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 Guy Hutcherson, pastor, St. Paul Methodist Church, Columbus, Georgia. Prayer was offered by the Reverend Norman Lovein, chaplain of the Colum bus Medical Center, Columbus, Georgia. By unanimous consent, the call of the roll was dispensed with. Senator Hill of the 29th reported that the journal of yesterday's proceedings had been examined and found correct. By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed. Senator Webb of the llth 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: 52 JOURNAL OP THE SENATE, Mr. President: The House has adopted the following resolution of the House to-wit: HR 38. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and others: A resolution expressing regrets at the passing of Master Donald Alien Webb; and for other purposes. The following resolutions were read and adopted: SR 16. By Senators Pennington of the 45th, Rowan of the 8th, and Spinks of the 9th: A resolution commending the Chatham County Senatorial Delegation and commending the people of Chatham County; and for other purposes. HR 38. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty and others: A resolution expressing regrets at the passing of Master Donald Alien Webb; and for other purposes. ' The following bill and resolution were introduced, read the first time, and referred to committees: SB 25. By Senator Salome of the 36th: A bill to amend an act entitled "Uniform Act Regulating Traffic on Highways", so as to change the effective date of the motor vehicle in spection provisions of said act; and for other purposes. Referred to Committee on Highways. SR 15. By Senator Carter of the 14th: 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 23. By Senator Coggin of the 35th: A bill regulating the occupation of cosmetology and creating the Geor gia State Board of Cosmetology, so as to increase the number of mem bers of the Board of Cosmetology; and for other purposes. TUESDAY, JANUARY 19, 1965 53 SB 24. By Senators Sanders of the 41st, Miller of the 43rd, and Maclntyre of the 40th: A bill creating the Stone Mountain Memorial Association so as to require that in all future appointments to the Association made by the Gov ernor he shall appoint at least one member who is a member of a politi cal party of which the Governor is not a member; to provide the pro cedure connected therewith; and for other purposes. SR 13. By Senators Sanders of the 41st, Miller of the 43rd, and Maclntyre of the 40th: A resolution proposing an amendment to the Constitution, so as to pro vide for the appointment of certain members to public authorities of persons belonging to a political party other than that party of which the Governor is a member; to provide the procedure connected therewith; to provide for the submission of this amendment for ratification or re jection; and for other purposes. SR 14. By Senators Pennington of the 45th, Webb of the llth, Spinks of the 9th, Gillis of the 20th, and Gayner of the 5th: A resolution requesting Congress to call a Convention for the purpose of proposing an Amendment to the Constitution of the United States; and for other purposes. HB 1. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A bill to provide supplementary appropriations for the remainder of 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. HB 2. By Messrs. Floyd of Chattooga, Rowland of Johnson, Moore of Polk and Moses of Montgomery: A bill to amend an act to provide for the registration of motor vehicles and the issuance of motor vehicle license plates by the tax collectors or tax commissioners of the various counties; as amended, so as to pro vide that the local tax collector or tax commissioner may be directed to act as agent for issuing said plates; and for other purposes. Mr. Downing of the 1st District, Chairman of the Committee on County and Municipal Governments, submitted the following report: Mr. President: 54 JOURNAL OF THE SENATE, 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 recommendations: SB 5. Do pass. Respectfully submitted Downing of 1st 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 has instructed me as Secretary, to report the same back to the Senate with the following recommendations: SR 7. Do pass as amended. SR 11. Do pass. SB 4. Do pass. Respectfully submitted Rowan of 8th District, Secretary. Mr. Gayner of the 5th District, Chairman of the Committee on Economy, Re organization and Efficiency in Government, submitted the following report: Mr. President: Your Committee on Economy, Reorganization and Efficiency in Government has had under consideration the following resolution of the Senate and has in structed me as Chairman, to report the same back to the Senate with the following recommendations: SR 14. Do pass as amended. Respectfully submitted Gayner of 5th District, Chairman. TUESDAY, JANUARY 19, 1965 55 Senator Webb of the llth asked unanimous consent that the following bill and resolutions be recommitted to the Committee on Rules: SB 4. By Senators Broun of the 46th, Webb of the llth and Coggin of the 35th: A bill to provide home rule for municipalities; to provide for a short title; to provide methods for the creation, dissolution, merger and boundary changes of municipalities; to provide the procedure connected therewith; and for other purposes. SR 7. By Senators Broun of the 46th, Webb of the llth and Coggin of the 35th: A resolution proposing an amendment to the Constitution so as to pro vide home rule for counties; to provide for the procedures connected therewith; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes. SR 11. By Senators Rowan of the 8th and Webb of the llth: A resolution amending the rules of the Senate; and for other purposes. The consent was granted. Senator Webb of the llth 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. 56 JOURNAL OF THE SENATE, Senate Chamber, Atlanta, Georgia. Wednesday, January 20, 1965. 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 chaplain, Reverend Guy Hutcherson, pastor, St. Paul Methodist Church, Columbus, Georgia. Prayer was offered by the Reverend Ellis Miller, District Superintendent, The Americus District of Methodist Church, Americus, Georgia. By unanimous consent, the call of the roll was dispensed with. Senator Gordy of the 15th 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 Webb of the llth asked unanimous consent that the following be es tablished as the order of business for today: 1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions. The consent was granted. The following message was received from the House through Mr. Ellard the Clerk thereof: WEDNESDAY, JANUARY 20, 1965 57 Mr. President: The House has passed by the requisite constitutional majority the following bills of the House to-wit: HB 3. By Mr. Balkcom of Quitman: A bill to amend an act creating a Board of Commissioners of Roads and Revenues. HB 4. By Mr. Balkcom of Quitman: A bill to amend an act establishing a new charter for the Town of Georgetown, so as to change the term of office of the mayor and councilmen, to number posts on the council; and for other purposes. HB 7. By Mr. Smith of Telfair: A bill to abolish the present mode of compensating the sheriff of Telfair County, to provide in lieu thereof an annual salary; and for other purposes. HB 8. By Mr. Smith of Telfair: A bill to amend an act consolidating the offices of the tax collector and tax receiver of Telfair County into the office of tax commissioner of Telfair County and placing the commissioner upon an annual salary, so as to limit the compensation of the tax commissioner to his annual salary payable from the county funds; and for other purposes. HB 9. By Mr. Smith of Camden: A bill to place the tax receiver of Camden County on an annual salary in lieu of the fee system of compensation, to provide for travel expenses, and procedure connected therewith; and for other purposes. HB 10. By Mr. McRae of Talbot: A bill to change the compensation of the sheriff of Talbot County from the fee system to the salary system; and for other purposes. HB 17. By Mr. Simpson of Wheeler: A bill to abolish the present mode of compensating the sheriff of Wheeler County, known as the fee system, to provide in lieu thereof an annual salary; and for other purposes. 58 JOURNAL OP THE SENATE, HB 18. By Mr. Brown of Hart: A bill to amend an act authorizing the superior court judge or judges in any county in this State located in certain judicial circuits 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 19. By Mr. Coker of Turner: A bill to abolish the present mode of compensating the sheriff of Turner County, to provide in lieu thereof an annual salary; and for other purposes. HB 20. By Mr. Knight of Berrien: A bill to abolish the present mode of compensating the sheriff of Ber rien County, known as the fee system, to provide the procedure con nected therewith; and for other purposes. HB 21. By Mr. Woodward of Butts: A bill to amend an act creating a new charter for the City of Jackson, so as to authorize the mayor and council to increase the salaries of the mayor and councilmen within certain limitations; and for other purposes. HB 26. 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 time and manner of the registration of voters to vote in elections; and for other purposes. HB 27. By Mr. Evans of McDuffie: A bill to amend an act placing certain county officers of McDuffie County on a salary basis in lieu of a fee basis, so as to change the com pensation of the Coroner of McDuffie County; and for other purposes. HB 28. By Messrs. Harris and Smith of Glynn: A bill to amend the charter of the City of Brunswick; and for other purposes. HB 31. By Messrs. Dean and Moore of Polk: A bill to create the Rockmart Development authority; and for other purposes. WEDNESDAY, JANUARY 20, 1965 59 HB 32. By Mr. Henderson of Atkinson: A bill to amend an act incorporating the City of Pearson in the County of Atkinson, so as to provide that the mayor and members of the City council shall be elected by a majority vote, to provide the procedures connected therewith; and for other purposes. HB 33. By Mr. Bowen of Dooly: A bill to amend an act found in Georgia Laws 1920, creating a charter for the City of Unadilla, so as to provide for levying and collection of an ad valorem tax on all classes of property subject to taxation within its corporate limits; and for other purposes. HB 35. By Mr. Smith of Lamar: A bill to provide that the Sheriff of Lamar County be placed on a salary basis, in lieu of a fee basis; and for other purposes. HB 37. 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 provide that any person holding office under the City of LaGrange shall not be capable of contracting with the City unless such contract is the result of bona fide competitive bidding; and for other purposes. HB 38. 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 provide for a tax increase for the years 1965 and 1966; and for other purposes. HB 39. 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 authorize the city of LaGrange to provide group insurance for its employees and to provide for the payment of the premiums thereon; and for other purposes. HB 40. By Messrs. Lee and Gary of Clayton: A bill to authorize the governing authority of Clayton County to adopt traffic ordinances and regulations for the governing and policing of said county; and for other purposes. 60 JOURNAL OF THE SENATE, HB 46. By Mr. Savage of Macon: A bill providing a Charter for the City of Montezuma, so as to change the corporate limits of the said city by extending and defining the same; and for other purposes. HB 49. By Mr. Irvin of Habersham: A bill to place the sheriff of Habersham County upon an annual salary; and for other purposes. HB 36. By Messrs. Mixon of Irwin, Alien of Tift, Crowe of Worth, Branch of Tift and Coker of Turner: A bill to change the terms of the Superior Court of Irwin County; and for other purposes. The House has adopted the following resolutions of the House to-wit: HR 72. By Mr. Lambert of Morgan: A resolution commending Corporal A. H. Hopkins and Trooper J. L. Hawkins of the Georgia State Patrol; and for other purposes. HR 73. By Mr. Murphy of Haralson: A resolution relative to the members of the Greater Atlanta Jaycees challenging the members of the General Assembly to a basketball game; and for other purposes. The following bills were introduced, read the first time, and referred to committees: HB 3. By Mr. Balkcom of Quitman: A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Quitman County, so as to provide for the election of com missioners from the county at large; to change the requirements relative to purchases; and for other purposes. Referred to Committee on County and Municipal Governments. HB 4. By Mr. Balkcom of Quitman: A bill to amend an Act establishing a new charter for the Town of Georgetown, so as to change the term of office of the mayor and council- WEDNESDAY, JANUARY 20, 1965 61 men; to number posts on the council; and for other purposes. Referred to Committee on County and Municipal Governments. HB 7. By Mr. Smith of Telfair: A bill to abolish the present mode of compensating the sheriff of Telfair County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 8. By Mr. Smith of Telfair: A bill to amend an Act consolidating the offices of the tax collector and tax receiver of Telfair County into the office of tax commissioner; and for other purposes. Referred to Committee on County and Municipal Governments. HB 9. By Mr. Smith of Camden: A bill to place the tax receiver of Camden County on an annual salary in lieu of the fee system of compensation; and for other purposes. Referred to Committee on County and Municipal Governments. HB 10. By Mr. McRae of Talbot: A bill to change the compensation of the sheriff of Talbot County from the fee system to the salary system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 17. By Mr. Simpson of Wheeler: A bill to abolish the present mode of compensating the sheriff of Wheel er County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 18. By Mr. Brown of Hart: A bill to amend an act authorizing the superior court judge or judges in any county in this State located in certain judicial circuits to es tablish 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. 62 JOURNAL OF THE SENATE, HB 19. By Mr. Coker of Turner: A bill to abolish the present mode of compensating the sheriff of Turner County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 20. By Mr. Knight of Berrien: A bill to abolish the present mode of compensating the sheriff of Ber rien County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 21. By Mr. Woodward of Butts: A bill to amend an act creating a new charter for the City of Jackson, so as to authorize the mayor and council to increase the salaries of the mayor and councilmen; and for other purposes. Referred to Committee on County and Municipal Governments. HB 26. 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 time and manner of the registration of voters to vote in elections; and for other purposes. Referred to Committee on County and Municipal Governments. HB 27. By Mr. Evans of McDuffie: A bill to amend an act placing certain county officers of McDuffie County on a salary basis in lieu of a fee basis, so as to change the com pensation of the coroner of McDuffie County; and for other purposes. Referred to Committee on County and Municipal Governments. HB 28. By Messrs. Harris and Smith of Glynn: A bill to amend the charter of the City of Brunswick; and for other purposes. Referred to Committee on County and Municipal Governments. HB 31. By Mr. Dean of Polk: A bill to create the Rockmart Development Authority; and for other purposes. Referred to Committee on County and Municipal Governments. WEDNESDAY, JANUARY 20, 1965 63 HB 32. By Mr. Henderson of Atkinson: A bill to amend an act incorporating the City of Pearson in the County of Atkinson, so as to provide that the mayor and members of the city council shall be elected by a majority vote; and for other purposes. Referred to Committee on County and Municipal Governments. HB 33. By Mr. Bowen of Dooly: A bill to amend an act found in Georgia Laws 1920, creating a charter for the City of Unadilla, so as to provide for levying and collection of an ad valorem tax on all classes of property subject to taxation with in its corporate limits; and for other purposes. Referred to Committee on County and Municipal Governments. HB 35. By Mr. Smith of Lamar: A bill to provide that the sheriff of Lamar County be placed on a salary basis, in lieu of a fee basis; and for other purposes. Referred to Committee on County and Municipal Governments. HB 36. By Messrs. Mixon of Irwin, Alien of Tift, Crowe of Worth, Branch of Tift and Coker of Turner: A bill to change the terms of the Superior Court of Irwin County; and for other purposes. Referred to Committee on County and Municipal Governments. HB 37. 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 provide that any person holding office under the City of LaGrange shall not be capable of contracting with the city unless such contract is the result of bona fide competitive bidding; and for other purposes. Referred to Committee on County and Municipal Governments. HB 38. 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 provide for a tax increase for the years 1965 and 1966; and for other purposes. Referred to Committee on County and Municipal Governments. 64 JOURNAL OF THE SENATE, HB 39. 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 authorize the City of LaGrange to provide group insurance for its employees and to provide for the payment of the premiums thereon; and for other purposes. Referred to Committee on County and Municipal Governments. HB 40. By Messrs. Lee and Gary of Clayton: A bill to authorize the governing authority of Clayton County to adopt traffic ordinances and regulations for the governing and policing of said county; and for other purposes. Referred to Committee on County and Municipal Governments. HB 46. By Mr. Savage of Macon: A bill providing a charter for the City of Montezuma, so as to change the corporate limits of the said city by extending and defining the same; and for other purposes. Referred to Committee on County and Municipal Governments. HB 49. By Mr. Irvin of Habersham: A bill to place the sheriff of Habersham County upon an annual salary; and for other purposes. Referred to Committee on County and Municipal Governments. The following bill was read the second time: SB 25. By Senator Salome of the 36th: A bill to amend an act entitled "Uniform Act Regulating Traffic on Highways", so as to change the effective date of the motor vehicle in spection provisions of said act; 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 foldowing resolu tion of the Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendation: WEDNESDAY, JANUARY 20, 1965 65 SR 10. Do Pass as Amended. Respectfully submitted, Rowan of 8th District, Secretary. Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted the following report: Mr. President: Your Committee on Rules has had under consideration the following bills and resolution of the Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendations: SB 12. Do Pass. SB 13. Do Pass. SR 15. Do Pass. Respectfully submitted, Rowan of 8th District, Secretary. 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 following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation: HB 1. Do Pass as Amended. Respectfully submitted, Gillis of 20th District, Chairman. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the follow ing bills of the House to-wit: 66 JOURNAL OF THE SENATE, HB 70. By Mr. Busbee of Dougherty: A bill to amend an act abolishing the justice of the peace courts in Dougherty County, so as to provide that if a vacancy should occur in the 1097th Militia District of Dougherty County, the judge of the supe rior court of Dougherty County shall be authorized to appoint a notary public ex-officio justice of the peace to serve for the remainder of the unexpired term; and for other purposes. HB 71. By Mr. Walker of Lowndes: A bill to amend Code section 34-805, relating to special elections for members of the General Assembly, so as to provide for certain excep tions relative to vacancies occurring during 1965; and for other pur poses. By unanimous consent, the following bills were introduced, read the first time, and referred to committees: HB 70. By Mr. Busbee of Dougherty: A bill to amend an act abolishing the justice of the peace courts in Dougherty County, so as to provide that if a vacancy should occur in the 1097th Militia District of Dougherty County, the judge of the superior court of Dougherty County shall be authorized to appoint a notary public ex-officio justice of the peace to serve for the remainder of the unexpired term; and for other purposes. Referred to Committee on County and Municipal Governments. HB 71. By Mr. Walker of Lowndes: A bill to amend Code section 34-805, relating to special elections for members of the General Assembly, so as to provide for certain excep tions relative to vacancies occurring during 1965; and for other pur poses. Referred to Committee on Rules. Senator Webb of the llth moved that the Senate resolve itself into a Com mittee of the Whole. The motion prevailed, and the Senate resolved itself into a Committee of the Whole. The Committee of the Whole was dissolved and Senator Gillis of the 20th, chairman of the Committee on Appropriations, made the following report: WEDNESDAY, JANUARY 20, 1965 67 Mr. President, your Committee of the Whole has instructed me to report to the Senate, HB 1 do pass as amended. The following bill was read the third time, and put upon its passage: HB 1. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty and Brooks of Pulton: A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1965, in addition to any other appro priations heretofore or hereafter made for the operation of the agencies o." the State provided for herein and the purposes provided for herein; and for other purposes. The Committee of the Whole offered the following amendment: Amend HB 1 as follows: By deleting Section 2 therefrom in its entirety; and By renumbering the succeeding sections appropriately. On the adoption of the amendment, Senator Webb of the llth called for the ayes and nays, and the call was sustained. A roll call was ordered, and the vote was as follows: Those voting in the affirmative were Senators: Adams Ballew Batemat) Carter Dean Downing Edenfield Foster Gordy Kidd Miller Minish Noble Rowan Salome Sanders Thompson Tribble Wesberry Those voting in the negative were: Broun Coggin Eldridge Fincher of 54th. Flowers Gillis Hall Holley Holloway Jackson Johnson of 42nd Kilpatrick Lee Maclntyre Moore McKenzie Owens Padgett Pennington Plunkett Searcey Smalley Smith Ward Webb Yancey 68 JOURNAL OP THE SENATE, The roll call was verified. On the adoption of the amendment, the ayes were 19, nays 26, and the amendment was lost. The Committee of the Whole offered the following amendment: Amend HB 1 by renumbering sections 5 through 21 as sections 6 through 22, respectively; By inserting a new section 5 to read as follows: "SECTION 5 "Family and Children Services, Department of 5--_-_______--___-._--_-_-_-_--_--.-------_-_. $37,000.00 Provided that the above sum shall be expended as operat ing expenses to investigate and provide old age assistance to approximately 400 senior citizens at the Milledgeville State Hospital, who shall be added to the old age assist ance list at the rate of approximately 100 per month for four months, beginning in March, 1965."; and By striking from the end of renumbered Section 21, the figure "$4,025,125.00" and inserting in lieu thereof the figure "$4,062,125.00". On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted. Senator Rowan of the 8th called for a division of HB 1, requesting that section 2 be voted on separately. Senator Webb of the llth moved that the Senate do now adjourn until 10:00 o'clock tomorrow morning. On the motion to adjourn, Senator Rowan of the 8th called for the ayes and nays, and the call was sustained. A roll call was ordered, and the vote was as follows: WEDNESDAY, JANUARY 20, 1965 69 Those voting in the affirmative were Senators: Bateman Broun Coggin Eldridge Fincher of 54th Flowers Gillis Hall Holley Holloway Jackson Johnson of 42nd Kilpatrick Lee Maclntyre Minish Moore McKenzie Owens Padgett Plunkett Searcey Smalley Smith Ward Webb Yancey Those voting in the negative were Senators: Adams Ballew Carter Dean Downing Edenfield Foster Gordy Kidd Miller Noble Pennington Rowan Salome Sanders Thompson Tribble Wesberry By unanimous consent, verification of the roll call was dispensed with. On the motion to adjourn, the ayes were 27, nays 18, and the president announced the Senate adjourned until 10:00 o'clock tomorrow morning. 70 JOURNAL OF THE SENATE, Senate Chamber, Atlanta, Georgia, Thursday, January 21, 1965. The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president. Scripture reading and prayer was offered by the Reverend Guy Hutcherson, pastor, St. Paul Methodist Church, Columbus, Georgia. The roll was called, and the following senators answered to their names: Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Pincher of 54th Flowers Foster Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Maclntyre Miller Minish Moore McGill McKenzie Noble Owens Padgett Pennington Plunkett Rowan Salome Searcey Smalley Smith Thompson Ward Webb Wesberry Yancey Young 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 Webb of the llth 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. THURSDAY, JANUARY 21, 1965 71 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions. The consent was granted. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills and resolutions of the House to-wit: HB 6. By Messrs. Snow of Walker, Clarke of Monroe, Blair of Sumter and Fulford of Terrell: A bill to provide for grants to certain incorporated municipalities for the purpose of aiding in the construction and maintenance of streets and for aiding in defraying the costs of providing personnel and equip ment for the control of traffic; and for other purposes. HB 15. By Messrs. Richardson, Shea and Sewell of Chatham, White of Mclntosh and others: A bill to authorize public and private corporations of and in the State of Georgia to make applications for the right to establish, operate and maintain foreign-trade zones in or adjacent to ports of entry in this state; and for other purposes. HB 54. By Mr. Davis of Heard: A bill to place the sheriff of Heard County on a salary basis in lieu of a fee basis; and for other purposes. HB 64. By Mr. Conner of Jeff Davis: A bill to amend Code Section 56-804B, relating to the qualifications, of applicants for insurance licenses; and for other purposes. HB 66. By Mr. Conner of Jeff Davis: A bill to amend Code Section 56-803A, relating to licensing of and pay ing commissions to agents writing life and accident and sickness insur ance and annuity contracts; and for other purposes. 72 JOURNAL OP THE SENATE, HB 67. By Mr. Conner of Jeff Davis: A bill to amend an act revising, classifying, consolidating and super seding the previous laws relating to insurance; and for other purposes. HE 9. By Mr. Smith of Emanuel and many, many others: A resolution requesting Congress to call a Convention for the purpose of proposing an amendment to the Constitution of the United States; and for other purposes. HR 11. By Messrs. Simpson of Wheeler and Smith of Telfair: A resolution authorizing the conveyance to Wheeler and Telfair Coun ties of a certain tract of state owned property; and for other purposes. HR 21. By Messrs. Jordan, McDaniell and Duncan of Cobb: A resolution proposing an amendment to the Constitution so as to pro hibit the incorporation of any territory within the limits of Cobb County by any municipality, the major portion of which is located outside the territorial limits of Cobb County, without the approval of the voters of Cobb County; and for other purposes. The House has adopted the following resolutions of the House to-wit: HR 96. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade and others: A resolution extending an invitation to Senator Richard B. Russell to address a joint session of the House and Senate; and for other purposes. HR 97. By Messrs. Smith of Grady, Bolton of Spalding, and others: 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. HR 98. By Messrs. Abney and Snow of Walker: A resolution commending Trooper W. E. Dodd of the Georgia State Patrol; and for other purposes. HR 99. By Messrs. Floyd of Chattooga, Brown of Bacon, Russell and Oglesby of Thomas and others: A resolution relative to closing the Veterans Administration Domiciliary at Thomasville, Georgia; and for other purposes. WEDNESDAY, JANUARY 20, 1965 73 The following bills and resolutions were introduced, read the first time, and referred to committees: SB 26. By Senator Webb of the llth: A bill to amend Code Section 47-102, relating to State Senatorial Dis tricts, so as to remove the provision requiring Senators in those Sena torial Districts consisting of less than one county to be elected by all the voters of the county in which such Senatorial District is located; and for other purposes. Referred to Committee on Rules. SB 27. By Senator Kidd of the 25th: A bill creating and establishing a new charter for the City of Milledgeville, so as to remove the provision limiting the right of persons to hold the office of mayor for more than three (3) consecutive terms; and for other purposes. Referred to Committee on County and Municipal Governments. SB 28. By Senators Coggin of the 35th, and Salome of the 36th: A bill to amend Code Chapter 9-1, relating to applicants for admission to the practice of law, so as to change the educational requirements for applicants for admission to the practice of law; to repeal conflicting laws; and for other purposes. Referred to Committee on Judiciary. SB 29. By Senators Salome of the 36th, Coggin of the 35th, Maclntyre of the 40th, and others: A bill to amend an act creating the Municipal Court of Atlanta, so as to change the provisions relative to salaries of Chief Deputies; and for other purposes. Referred to Committee on County and Municipal Governments. SB 30. By Senators Thompson of the 34th, Salome of the 36th, Coggin of the 35th, and others: A bill to provide that in certain counties the Chief Judge of the Supe rior Court may provide that all Sheriff's sales of personal property may be held at a place other than the Court House, under certain cir cumstances; and for other purposes. Referred to Committee on County and Municipal Governments. 74 JOURNAL OF THE SENATE, SB 31. By Senators Salome of the 36th, Coggin of the 35th, Thompson of the 34th, and others: A bill to amend an act providing that in Fulton County, Georgia, the Ordinary, etc. may appoint a Chief Deputy, so as to change the pro visions of said Act relative to the salaries of the Chief Deputies of the Ordinary, etc.; and for other purposes. Referred to Committee on County and Municipal Governments. SB 32. By Senators Salome of the 36th, Coggin of the 35th, Thompson of the 34th, and others: A bill to amend an act to establish a method for providing fire pre vention systems in the unincorporated portion of Fulton County, so as to provide for payment for fire protection from the general funds of Fulton County under certain circumstances; and for other purposes. Referred to Committee on County and Municipal Governments. SR 20. By Senators Sanders of the 41st, Wesberry of the 37th, Miller of the 43rd, and others: A resolution calling a constitutional Convention; and for other purposes. Referred to Committee on Rules. HB 6. By Messrs. Snow of Walker, Clarke of Monroe, Blair of Sumter, Smith of Camden, Shea of Chatham, Brooks of Oglethorpe and Fulford of Terrell: A bill to provide for grants to certain incorporated municipalities for the purpose of aiding in the construction and maintenance of streets and for aiding in defraying the costs of providing personnel and equip ment for the control of traffic; and for other purposes. Referred to Committee on Highways. HB 15. By Messrs. Richardson, Shea and Sewell of Chatham, White of Mclntosh and others: A bill to authorize public and private corporations of and in the State of Georgia to make applications for the right to establish, operate, maintain and establish, operate and maintain foreign-trade zones in or adjacent to ports of entry; and for other purposes. Referred to Committee on Public Utilities and Transportation. HB 54. By Mr. Davis of Heard: A bill to place the sheriff of Heard County on a salary basis in lieu of a fee basis; and for other purposes. Referred to Committee on County and Municipal Governments. THURSDAY, JANUARY 21, 1965 75 HB 65. By Mr. Conner of Jeff Davis: A bill to amend Code section 56-804b, relating to the qualifications of applicants for insurance licenses, so as to authorize the commissioner to issue licenses to non-residents where a hardship arises in those instances where a state line divides a community or area; and for other purposes. Referred to Committee on Banking and Finance. HB 66. By Mr. Conner of Jeff Davis: A bill to amend Code section 56-803a, relating to licensing of and paying commissions to agents writing life and accident and sickness insurance and annuity contracts, so as to provide that an insurer may make direct or indirect payment of commissions to incorporated insurance agencies either by contract with such incorporated agency, assignment, or other means; and for other purposes. Referred to Committee on Banking and Finance. HB 67. By Mr. Conner of Jeff Davis: A bill to amend an act revising, classifying, consolidating and super seding the previous laws relating to insurance, so as to make certain technical clarifications therein relating to the substitution of said act for previous Title 56 of the Code of Georgia of 1933; and for other purposes. Referred to Committee on Banking and Finance. HR 11. By Messrs. Simpson of Wheeler and Smith of Telfair: A resolution authorizing the conveyance to Wheeler and Telfair Coun ties of a certain tract of state-owned property; and for other purposes. Referred to Committee on Rules. HR 21. By Messrs. Jordan, McDaniell and Duncan of Cobb: A resolution proposing an amendment to the Constitution so as to prohibit the incorporation of any territory within the limits of Cobb County by any municipality, the major portion of which is located outside the territory limits of Cobb County, without the approval of the voters of Cobb County; and for other purposes. Referred to Committee on Rules. The following bills and resolutions were read the second time: HB 3. By Mr. Balkcom of Quitman: A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Quitman County, so as to provide for the election of 76 JOURNAL OP THE SENATE, commissioners from the county at large; to change the requirements relative to purchases; and for other purposes. HB 4. By Mr. Balkcom of Quitman: A bill to amend an act establishing a new charter for the Town of Georgetown, so as to change the term of office of the mayor and councilmen; to number posts on the council; and for other purposes. HB 7. By Mr. Smith of Telfair: A bill to abolish the present mode of compensating the sheriff of Telfair County, known as the fee system; and for other purposes. HB 8. By Mr. Smith of Telfair: A bill to amend an act consolidating the offices of the tax collector and tax receiver of Telfair County into the office of tax commissioner; and for other purposes. HB 9. By Mr. Smith of Camden: A bill to place the tax receiver of Camden County on an annual salary in lieu of the fee system of compensation; and for other purposes. HB 10. By Mr. McRae of Talbot: A bill to change the compensation of the sheriff of Talbot County from the fee system to the salary system; and for other purposes. HB 17. By Mr. Simpson of Wheeler: A bill to abolish the present mode of compensating the sheriff of Wheeler County, known as the fee system; and for other purposes. HB 18. By Mr. Brown of Hart: A bill to amend an act authorizing the superior court judge or judges in any county in this State located in certain judicial circuits to estab lish 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 19. By Mr. Coker of Turner: A bill to abolish the present mode of compensating the sheriff of Turner County, known as the fee system; and for other purposes. THURSDAY, JANUARY 21, 1965 77 HB 20. By Mr. Knight of Berrien: A bill to abolish the present mode of compensating the sheriff of Ber rien County, known as the fee system; and for other purposes. HB 21. By Mr. Woodward of Butts: A bill to amend an act creating a new charter for the City of Jackson, so as to authorize the mayor and council to increase the salaries of the mayor and councilmen; and for other purposes. HB 26. 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 time and manner of the registration of voters to vote in elections; and for other purposes. HB 27. By Mr. Evans of McDuffie: A bill to amend an act placing certain county officers of McDuffie County on a salary basis in lieu of a fee basis, so as to change the compensation of the coroner of McDuffie County; and for other pur poses. HB 28. By Messrs. Harris and Smith of Glynn: A bill to amend the charter of the City of Brunswick; and for other purposes. HB 31. By Mr. Dean of Polk: A bill to create the Rockmart Development Authority; and for other purposes. HB 32. By Mr. Henderson of Atkinson: A bill to amend an act incorporating the City of Pearson in the County of Atkinson, so as to provide that the mayor and members of the city council shall be elected by a majority vote; and for other purposes. HB 33. By Mr. Bowen of Dooly: A bill to amend an act found in Georgia Laws 1920, creating a charter for the City of Unadilla, so as to provide for levying and collection of an ad valorem tax on all classes of property subject to taxation within its corporate limits; and for other purposes. 78 JOURNAL OF THE SENATE, HB 35. By Mr. Smith of Lamar: A bill to provide that the sheriff of Lamar County be placed on a salary basis, in lieu of a fee basis; and for other purposes. HB 36. By Messrs. Mixon of Irwin, Alien of Tift, Crowe of Worth, Branch of Tift and Coker of Turner: A bill to change the terms of the Superior Court of Irwin County; and for other purposes. HB 37. 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 provide that any person holding office under the City of LaGrange shall not be capable of contracting with the city unless such contract is the result of bona fide competitive bidding; and for other purposes. HB 38. 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 provide for a tax increase for the years 1965 and 1966; and for other purposes. HB 39. 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 authorize the City of LaGrange to provide group insurance for its employees and to provide for the payment of the premiums thereon; and for other purposes. HB 40. By Messrs. Lee and Gary of Clayton: A bill to authorize the governing authority of Clayton County to adopt traffic ordinances and regulations for the governing and policing of said county; and for other purposes. HB 46. By Mr. Savage of Macon: A bill providing a charter for the City of Montezuma, so as to change the corporate limits of the said city by extending and defining the same; and for other purposes. HB 49. By Mr. Irvin of Habersham: A bill to place the sheriff of Habersham County upon an annual salary; and for other purposes. THURSDAY, JANUARY 21, 1965 79 HB 70. By Mr. Busbee of Dougherty: A bill to amend an act abolishing the justice of the peace courts in Dougherty County, so as to provide that if a vacancy should occur in the 1097th Militia District of Dougherty County, the judge of the superior court of Dougherty County shall be authorized to appoint a notary public ex-officio justice of the peace to serve for the re mainder of the unexpired term; and for other purposes. HB 71. By Mr. Walker of Lowndes: A bill to amend Code section 34-805, relating to special elections for members of the General Assembly, so as to provide for certain excep tions relative to vacancies occurring during 1965; and for other pur poses. The following resolutions were read and adopted: SR 17. By Senator Webb of the llth: A resolution relative to the Senate Appropriations Committee; and for other purposes. SR 18. By Senator Plunkett of the 30th: A resolution commending Honorable J. Ebb Duncan; and for other purposes. SR 19. By Senator Rowan of the 8th: A resolution expressing deepest sympathy upon the untimely passing of the Honorable W. J. Gibbons; and for other purposes. SR 21. By Senators Kidd of the 25th and Flowers of the 10th: A resolution relative to closing the Veterans Administration Domiciliary at Thomasville, Georgia; and for other purposes. SR 22. By Senators Broun of the 46th and Lee of the 47th: A resolution creating a committee of the Senate to study and revise the Rules of the Senate; and for other purposes. SR 23. By Senators Kidd of the 25th and Flowers of the 10th: A resolution creating a committee to be known as the Special Senate Veterans Affairs Committee to study the circumstances relating to the 80 JOURNAL OF THE SENATE, decision to permanently close the Veterans Administration Domiciliary at Thomasville, Georgia; and for other purposes. SR 24. By Senator Jackson of the 16th: A resolution calling a joint session of the Senate and the House of Representatives for the purpose of hearing proposed State songs; and for other purposes. HR 72. By Mr. Lambert of Morgan: A resolution commending Corporal A. H. Hopkins and Trooper J. L. Hawkins of the Georgia State Patrol; and for other purposes. HR 73. By Mr. Murphy of Haralson: A resolution relative to the members of the Greater Atlanta Jaycees challenging the members of the General Assembly to a basketball game; and for other purposes. HR 96. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty and Brooks of Fulton: A resolution extending an invitation to Senator Richard B. Russell to address a joint session of the House and Senate; and for other purposes. HR 97. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A resolution extending an invitation to Senator Herman E. Talmadge to address a joint session of the House and Senate; and for other purposes. Mr. Kidd of the 25th District, Vice-Chairman of the Committee on Public Utilities and Transportation, submitted the following report: Mr. President: Your Committee on Public Utilities and Transportation has had under consideration the following bill of the House and has instructed me as ViceChairman, to report the same back to the Senate with the following recom mendations : HB 2. Do Pass. Respectfully submitted, Kidd of 25th District, Vice-Chairman. THURSDAY, JANUARY 21, 1965 81 Mr. Owens of the 49th District, Vice-Chairman of the Committee on Health and Welfare, submitted the following report: Mr. President: Your Committee on Health and Welfare has had under consideration the following bill of the Senate and has instructed me as Vice-Chairman, to report back to the Senate with the following recommendation: SB 6. Do Pass. Respectfully submitted, Owens of 49th District, Vice-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 recommendation: SR 11. Do Pass as Amended. Respectfully submitted, Rowan of 8th District, Secretary. Mr. Downing of the 1st 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 has instructed me as Chairman, to report the same back to the Senate with the following recommendations: SB 17. Do Pass. SB 18. Do Pass. SB 19. Do Pass. SB 20. Do Pass. Respectfully submitted, Downing of 1st District, Chairman. 82 JOURNAL OF THE SENATE, The following bill, carried over as unfinished business of yesterday was put upon its passage. HB 1. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty and Brooks of Fulton: A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1965, in addition to any other appropria tions 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. Senator Rowan of the 8th called for a division of HB 1 so that section 2 could be acted on separately. The consent was granted. On the adoption of section 2, Senator Wesberry of the 37th 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: Ballew Broun Coggin Fincher of 54th Flowers Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kidd Kilpatrick Lee Maclntyre Minish Moore McGill McKenzie Noble Owens Padgett Pennington Plunkett Salome Smalley Smith Ward Webb Yancey Young Those voting in the negative were Messrs. Adams Bateman Carter Dean Downing Edenfield Foster Miller The roll call was verified. Rowan Searcey Thompson Wesberry THURSDAY, JANUARY 21, 1965 83 On the adoption of section 2, the ayes were 33, nays 12, and the section was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. The bill, involving an appropriation, a roll call was ordered, and the vote was as follows: Those voting in the affirmative were Senators: Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Pincher of 54th Flowers Foster Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kidd Kilpatrick Lee Maclntyre Miller Minish Moore McGill McKenzie Noble Owens Padgett Pennington Plunkett Rowan Salome Searcey Smalley Smith Thompson Ward Webb Wesberry Yancey Young By unanimous consent, verification of the roll call was dispensed with. On the passage of the bill, the ayes were 46, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. Senator Jackson of the 16th asked unanimous consent that HB 1 be imme diately transmitted to the House. The consent was granted. The following general bills, favorably reported by the committees, were read the third time, and put upon their passage: 84 JOURNAL OF THE SENATE, SB 12. By Senator Plunkett of the 30th: A bill to amend Code section 34-1321, relating to the count and return of votes in election districts in which ballots are used, so as to provide that assistant managers and poll officers designated by the chief man ager shall assist in reading the names of candidates marked or written upon ballots, together with the office for which the person named is a candidate, and the answers contained on the ballots to questions sub mitted; and for other purposes. The report 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 13. By Senator Plunkett of the 30th: A bill to amend Code section 34-1406, relating to the procedure for voting absentee ballots in primaries and elections, so as to provide that certain electors voting by absentee ballots may vote in the presence of any person authorized to administer oaths in any State of the United States or in any possession of the United States where such elector is located at the time of voting by absentee ballot; and for other pur poses. Senator Bateman of the 27th offered the following amendment: Amend SB 13 by inserting between the words "as" and "to", as they appear in the title thereof, the following: "to allow an elector who is a dependent of a service man to vote in the presence of certain commissioned officers;". By inserting in Section 1 between the words "by" and "striking" the following: "adding between the word 'service' and the symbols '; (iii)', the following: 'or if the elector is a dependent of a member of such service', and by". By inserting in Section 34-1406, which Section is quoted in Section 1 of said bill, between the word "service" and the symbols "; (iii)" the following: "or if the elector is a dependent of a member of such service". THURSDAY, JANUARY 21, 1965 85 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 36, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 2. By Messrs. Floyd of Chattooga, Rowland of Johnson, Moore of Polk, and Moses of Montgomery: A bill to amend an act entitled "An act to provide for the registration of motor vehicles and the issuance of motor vehicle license plates by the tax collectors or tax commissioners of the various counties; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 38, nays 0. The bill, having received the requisite constitutional majority, was passed. SR 11. By Senator Rowan of the 8th: A resolution amending the rules of the Senate; and for other purposes. The Committee on Rules offered the following amendment: Amend SR 11 by striking "Chairman of the Committee on Agricul ture and Natural Resources", and inserting "President of the Senate". On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended. 86 JOURNAL OF THE SENATE, On the adoption of the resolution, the ayes were 33, nays 2. The resolution, having received the requisite constitutional majority, was adopted as amended. SR 15. By Senator Carter of the 14th: A resolution amending the Rules of the Senate; and for other purposes. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, the ayes were 36, nays 0. The resolution, having received the requisite constitutional majority, was adopted. Senator Webb of the llth moved that the Seenate do now adjourn, and the motion prevailed. The president announced the Senate adjourned until 10:00 o'clock tomorrow morning. FRIDAY, JANUARY 22, 1965 87 Senate Chamber, Atlanta, Georgia, Friday, January 22, 1965. The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by Senator Wesberry of the 37th. Scripture reading and prayer was offered by the chaplain, Rev. Guy Hutcherson, pastor, St. Paul Methodist Church, Columbus, Georgia. By unanimous consent, the call of the roll was dispensed with. Senator Rowan of the 8th 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 Webb of the llth 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: 88 JOURNAL OF THE SENATE, HB 16. By Messrs. Richardson and Sewell of Chatham: A bill to provide that it shall be unlawful to willfully remove or oblit erate the manufacturer's serial or code numbers appearing on any case, carton, package or container of any tobacco product; and for other purposes. HB 50. By Mr. Smith of Grady: A bill to amend an act renaming the Albany Judicial Circuit as the South Georgia Judicial Circuit; and for other purposes. HB 86. By Messrs. Melton and Bolton of Spalding, and many others: A bill known as the "Minimum Foundation Program of Education Act", so as to change the provisions for establishing the basis for a minimum schedule of salaries; and for other purposes. HB 89. By Messrs. Steis of Harris and others: A bill to amend an act providing for service of process on foreign trustees as to lands in this state; and for other purposes. HB 90. By Messrs. Steis of Harris, Harris of DeKalb; Jones and Brinkley of Muscogee: A bill to amend an act providing for the regulation of the sale of securities in this State; and for other purposes. HB 91. By Mr. Steis of Harris, and others: A bill to amend an act providing for service of process upon foreign corporations not domesticated in this State, but doing business therein; and for other purposes. HB 92. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke: A bill to amend an act providing for service of process upon non-resi dents operating motor vehicles in this state; and for other purposes. HB 93. By Mr. Steis of Harris and others: A bill to amend Chapter 68-6 of the Code of Georgia of 1933 concerning the regulation of motor common carriers; and for other purposes. FRIDAY, JANUARY 22, 1965 89 HB 94. By Mr. Steis of Harris and others: A bill to amend Chapter 68-5 of the Code of Georgia of 1933 concern ing the regulation of motor carriers; and for other purposes. HB 95. By Mr. Steis of Harris and others: A bill to amend an act authorizing certain foreign corporations includ ing banks, to act in fiduciary capacities within this State upon certain terms and conditions; and for other purposes. HB 96. By Mr. Steis of Harris and others: A bill to amend an act providing for service of process upon carnivals, circuses, road shows, tent shows and other itinerant shows; and for other purposes. HR 47. By Messrs. Smith of Emanuel, Nessmith of Bulloch and others: A resolution requesting Congress to call a convention for the purpose of proposing an amendment to the Constitution of the United States, relat ing to apportionment of representation in any State Legislature; and for other purposes. HB 59. By Mr. Bynum of Rabun: A bill to authorize the ordinary of Rabun County upon recommenda tion of tax commissioner of Rabun County to additionally compensate the secretary of the tax commissioner of Rabun County; and for other purposes. HB 61. By Mr. Bynum of Rabun: A bill to provide for compensation for the Ordinary of Rabun County; and for other purposes. HB 68. By Mr. Houston of Pierce: A bill to amend an act creating the Board of Commissioners of Roads and Revenues of Pierce County; and for other purposes. HB 69. By Mr. Houston of Pierce: A bill to abolish the present method of compensating the Sheriff of Pierce County, known as the fee system; and for other purposes. 90 JOURNAL OF THE SENATE, HB 72. By Mr. Dickinson of Douglas: A bill to amend an act placing the coroner of Douglas County on a salary; and for other purposes. HB 74. By Mr. Davis of Heard: A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Heard County; and for other purposes. HB 75. By Mr. Floyd of Chattooga: A bill to amend an act entitled "An Act to place the tax collector of Chattooga County on an annual salary; and for other purposes. HB 76. By Mr. Floyd of Chattooga: A bill placing the sheriff of the superior court of Chattooga County on a salary in lieu of the fee system; and for other purposes. HB 77. By Mr. Floyd of Chattooga: A bill to repeal an act establishing the City Court of Chattooga County; and for other purposes. HB 78. By Mr. Floyd of Chattooga: A bill placing the clerk of the superior court of Chattooga County on a salary in lieu of the fee system; and for other purposes. HB 79. By Mr. Floyd of Chattooga: A bill to consolidate the offices of tax receiver and tax collector of Chattooga County into the office of tax commissioner; and for other purposes. HB 82. By Messrs. Knight and Lovett of Laurens: A bill to implement that amendment to Article VIII, Section V, Para graph I of the Constitution set forth in Ga. Laws (1964) pp. 903-906 by creating a Dublin-Laurens School System; and for other purposes. HB 85. By Messrs. Pickard, Brinkley and Jones of Muscogee: A bill to amend Code Section 91-8 pertaining to Inventory and Public Sale of Property as pertains to certain counties; and for other purposes. FRIDAY, JANUARY 22, 1965 91 HB 97. By Mr. Grahl of Peach: A bill to place the sheriff of Peach County upon an annual salary in lieu of the fee system of compensation; and for other purposes. The House has agreed to the Senate amendment to the following bill of the House: HB 1. By Messrs. Smith of Grady, Bolton of Spalding and others: A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1965, in addition to any other appro priations 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 House has adopted the following resolution of the House to-wit: HR 111. By Messrs. Matthews and Bedgood of Clarke: A resolution commending the Alumni Society of the University of Georgia in connection with its forthcoming Alumni Seminar, scheduled for February 11-13; and for other purposes. The following resolutions were read and adopted: HR 98. By Messrs, Abney and Snow of Walker: A resolution commending Trooper W. E. Dodd of the Georgia State Patrol; and for other purposes. HR 99. By Messrs. Floyd of Chattooga, Brown of Bacon, Russell and Oglesby of Thomas, Griffin of Glascock and others: A resolution relative to closing the Veterans Administration Domiciliary at Thomasville, Georgia; and for other purposes. HR 111. By Messrs. Matthews and Bedgood of Clarke: A resolution commending the Alumni Society of the University of Geor gia in connection with its forthcoming Alumni Seminar, scheduled for February 11-13; and for other purposes. 92 JOURNAL OF THE SENATE, SR 26. By Senator Kendrick of the 32nd: A resolution creating an "Interim Senate Educational Matters Commit tee"; and for other purposes. The following bills and resolutions were introduced, read the first time, and referred to committees: SB 33. By Senator Carter of the 14th: A bill to amend an act authorizing the governing authorities of munici palities and counties to establish planning commissions, so as to authorize municipalities and counties of this State to create planning commissions and to continue existing commissions; and for other purposes. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment. SB 34. By Senators Webb of the llth and Jackson of the 16th: A bill to amend an act dealing with appointment of members to the Hospital Advisory Council, so as to provide for the selection of mem bership of said Hospital Advisory Council; to repeal conflicting laws; and for other purposes. Referred to Committee on Health and Welfare. SB 35. By Senators Webb of the llth and Jackson of the 16th: A bill to amend an act known as the Georgia Health Code, so as to provide that the Georgia Department of Public Health is authorized to enter into agreements with the Federal Government, other States, or interstate agencies, whereby this State will perform, on a cooperative basis with the Federal Government, other States or interstate agencies, inspections and other functions related to the control of ionizing radia tion ; and for other purposes. Referred to Committee on Health and Welfare. SB 36. By Senators Webb of the llth and Jackson of the 16th: 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 provide for transferees; to provide for the distribution of copies of this Act; to provide an effective date; and for other purposes. Referred to Committee on Health and Welfare. FRIDAY, JANUARY 22, 1965 93 SB 37. By Senator Webb of the llth: A bill to amend Section 89-101 of the Code of Georgia of 1933, declar ing certain persons to be ineligible to hold any civil office, so as to provide that any Federal, State or County Officer may, upon appoint ment, hold the office of member of the Board of Commissioners of the Georgia Historical Commission; to repeal conflicting laws; and for other purposes. Referred to Committee on Rules. SB 38. By Senator Webb of the llth: A bill to amend an act known as the "Georgia Administrative Pro cedure Act", so as to change certain definitions, correct typographical errors and make technical clarifications; to change certain provisions relating to notice, hearing and record in contested cases and official notice of certain facts in contested cases; to provide that the Secretary of State may engage the services of privately owned firms to compile index and publish rules of agencies as defined in said Act; and for other purposes. Referred to Committee on Judiciary. SB 39. By Senator Miller of the 43rd: A bill to prohibit the hunting and taking of owls; to provide a penalty for the violation of this Act; to repeal conflicting laws; and for other purposes. Referred to Committee on Agriculture and Natural Resources. SB 40. By Senator Johnson of the 38th: A bill to amend an act regulating traffic on highways, so as to provide that the Director of the Department of Public Safety shall issue per mits for official inspection stations only to persons having an estab lished place of business; and for other purposes. Referred to Committee on Public Utilities and Transportation. SR 25. By Senator Kidd of the 25th: A resolution proposing an amendment to the Constitution to provide that the right of the people to own, control, buy, sell, lease or rent private real property shall not be violated; to provide for the submis sion of this amendment for ratification or rejection; and for other purposes. Referred to Committee on Rules. 94 JOURNAL OF THE SENATE, SR 27. By Senator Webb of the llth: A resolution proposing an amendment to the Constitution so as to change the provisions relating to meetings of the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to Committee on Rules. HB 16. By Messrs. Richardson and Sewell of Chatham: A bill to provide that it shall be unlawful to wilfully remove or oblit erate the manufacturer's serial or code numbers appearing on any case, carton, package or container of any tobacco product; and for other purposes. Referred to Committee on Industry and Labor. HB 50. By Mr. Smith of Grady: A bill to amend an act renaming the Albany Judicial Circuit as the South Georgia Judicial Circuit, so as to provide for a supplement to the compensation of the official court reporter; to provide that the supplement shall be apportioned among the counties comprising said circuit; and for other purposes. Referred to Committee on Judiciary. HB 59. By Mr. Bynum of Rabun: A bill to authorize the ordinary of Rabun County upon recommendation of tax commissioner of Rabun County to additionally compensate the secretary of the tax commissioner of Rabun County; and for other purposes. Referred to Committee on County and Municipal Governments. HB 61. By Mr. Bynum of Rabun: A bill to provide for compensation for the ordinary of Rabun County and compensation for secretarial assistance to the ordinary of Rabun County; and for other purposes. Referred to Committee on County and Municipal Governments. HB 68. By Mr. Houston of Pierce: A bill to amend an act creating the Board of Commissioners of Roads and Revenues of Pierce County, so as to change the compensation of the chairman and the members of the Board of Commissioners of Roads and Revenues of Pierce County; and for other purposes. Referred to Committee on County and Municipal Governments. FRIDAY, JANUARY 22, 1965 95 HB 69. By Mr. Houston of Pierce: A bill to abolish the present method of compensating the sheriff of Pierce County known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 72. By Mr. Dickinson of Douglas: A bill to amend an act placing the coroner of Douglas County on a salary in lieu of fees, so as to change the amount of the compensa tion; and for other purposes. Referred to Committee on County and Municipal Governments. HB 74. By Mr. Davis of Heard: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Heard County, so as to change the compensation of the members of the Board; and for other purposes. Referred to Committee on County and Municipal Governments. HB 75. By Mr. Ployd of Chattooga: A bill to amend an act entitled "An act to place the tax collector of Chattooga County on an annual salary in lieu of the fee system of compensation"; and for other purposes. Referred to Committee on County and Municipal Governments. HB 76. By Mr. Floyd of Chattooga: A bill to amend an act placing the sheriff of the superior court of Chattooga County on a salary in lieu of the fee system of compensation, so as to provide that the sheriff shall not receive any compensation for services as ex-officio sheriff of the City Court of Chattooga County; and for other purposes. Referred to Committee on County and Municipal Governments. HB 77. By Mr. Floyd of Chattooga: A bill to repeal an act establishing the City Court of Chattooga County; and for other purposes. Referred to Committee on County and Municipal Governments. HB 78. By Mr. Floyd of Chattooga: A hill placing the clerk of the superior court of Chattooga County on a salary in lieu of the fee system of compensation, so as to provide that the clerk of the superior court of Chattooga County shall not 96 JOURNAL OF THE SENATE, receive any compensation for his services as ex-officio clerk of the City Court of Chattooga County; and for other purposes. Referred to Committee on County and Municipal Governments. HB 79. By Mr. Floyd of Chattooga: A bill to consolidate the offices of tax receiver and tax collector of Chattooga County into the office of tax commissioner; and for other purposes. Referred to Committee on County and Municipal Governments. HB 82. By .Tessrs. Knight and Lovett of Laurens: A bill to implement that amendment to Article VIII, Section V, Para graph I of the Constitution set forth in Ga. Laws (1964) pp. 903-906 by creating a Dublin-Laurens School System through the merger of the independent school system of the City of Dublin and the county system of Laurens County; and for other purposes. Referred to Committee on County and Municipal Governments. HB 85. By Messrs. Pickard, Brinkley and Jones of Muscogee: A bill to amend Code Section 91-8 pertaining to Inventory and Public Sale of Property as pertains to certain counties; and for other purposes. Referred to Committee on Rules. HB 86. By Messrs. Melton and Bolton of Spalding, Clarke of Monroe, Pafford of Lanier, DeLoach of Echols, Lee of Clinch, Hudgins of Chattahoochee, Bowen of Dooly and many others: A bill known as the "Minimum Foundation Program of Education Act", so as to change the provisions for establishing the basis for a minimum schedule of salaries; and for other purposes. Referred to Committee on Educational Matters. HB 89. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke: A bill to amend an act providing for service of process on foreign trustees as to lands in this State, so as to increase from $2.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for such a foreign trustee; and for other purposes. Referred to Committee on Judiciary. FRIDAY, JANUARY 22, 1965 97 HB 90. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee: A bill to amend an act providing for the regulation of the sale of securi ties in this State, so as to fix the fee of the commissioner of securities for accepting service of process as an agent for a person executing a consent to service of process under the provisions of the act; and for other purposes. Referred to Committee on Banking and Finance. HB 91. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke: A bill to amend an act providing for service of process upon foreign corporations not domesticated in this state but doing business therein, so as to increase from $2.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for such a corporation; and for other purposes. Referred to Committee on Judiciary. HB 92. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke: A bill to amend an act providing for service of process upon non-resi dents operating motor vehicles in this State, so as to increase from $2.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for such non-resident motorist; and for other purposes. Referred to Committee on Judiciary. HB 93. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke: A bill to amend chapter 68-6 of the Code of Georgia of 1933 concerning the regulation of "motor common carriers" so as to increase from $3.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for a non-resident motor common carriers"; and for other purposes. Referred to Committee on Public Utilities and Transportation. HB 94. By Messrs. Steis of Harris, Harris of DeKalb, and Jones and Brinkley of Muscogee: A bill to amend chapter 68-5 of the Code of Georgia of 1933 concerning the regulation of "motor carriers" so as to increase from $3.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for a non-resident motor carrier; and for other purposes. Referred to Committee on Public Utilities and Transportation. 98 JOUENAL OF THE SENATE, HB 95. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke: A bill to amend an act authorizing certain foreign corporations includ ing banks, to act in fiduciary capacities within this State upon certain terms and conditions, so as to fix the fee of the Secretary of State for accepting service of process as an agent for such a corporation; and for other purposes. Referred to Committee on Banking and Finance. HB 96. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke: A bill to amend an act providing for service of process upon carnivals, circuses, road shows, tent shows and other itinerant shows, so as to increase from $2.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for such a show; and for other purposes. Referred to Committee on Judiciary. HR 9. By Messrs. Smith of Grady, Smith of Emanuel, Moate of Hancock and others: A resolution requesting Congress to call a Convention for the purpose of proposing an amendment to the Constitution of the United States; and for other purposes. Referred to Committee on Rules. HR 47. By Messrs. Smith of Emanuel, Nessmith of Bulloch and others: A resolution requesting Congress to call a convention for the purpose of proposing an amendment to the Constitution of the United States, relating to apportionment of representation in any State legislature; and for other purposes. Referred to Committee on Rules. HB 97. By Mr. Grahl of Peach: A bill to place the sheriff of Peach County upon 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 26. By Senator Webb of the llth: A bill to amend Code Section 47-102, relating to State Senatorial Dis tricts, so as to remove the provision requiring Senators in those Sena- FRIDAY, JANUARY 22, 1965 99 torial Districts consisting of less than one county to be elected by all the voters of the county in which such Senatorial District is located; and for other purposes. SB 27. By Senator Kidd of the 25th: A bill creating and establishing a new charter for the City of Milledgeville, so as to remove the provision limiting the right of persons to hold the office of mayor for more than three (3) consecutive terms; and for other purposes. SB 28. By Senators Coggin of the 35th, and Salome of the 36th: A bill to amend Code Chapter 9-1, relating to applicants for admission to the practice of law, so as to change the educational requirements for applicants for admission to the practice of law; to repeal conflicting laws; and for other purposes. SB 29. By Senators Salome of the 36th, Coggin of the 35th, Maclntyre of the 40th, and others. A bill to amend an act creating the Municipal Court of Atlanta, so as to change the provisions relative to salaries of Chief Deputies; and for other purposes. SB 30. By Senators Thompson of the 34th, Salome of the 36th, Coggin of the 35th, and others: A bill to provide that in certain counties the Chief Judge of the Supe rior Court may provide that all Sheriff's sales of personal property may be held at a place other than the Court House, under certain circumstances; and for other purposes. SB 31. By Senators Salome of the 36th, Coggin of the 35th, Thompson of the 34th, and others: A bill to amend an act providing that in Fulton County, Georgia, the Ordinary, etc. may appoint a Chief Deputy, so as to change the pro visions of said Act relative to the salaries of the Chief Deputies of the Ordinary, etc.; and for other purposes. SB 32. By Senators Salome of the 36th, Coggin of the 35th, Thompson of the 34th, and others: A bill to amend an act to establish a method for providing fire preven tion systems in the unincorporated portion of Fulton County, so as to provide for payment for fire protection from the general funds of Ful ton County under certain circumstances; and for other purposes. 100 JOURNAL OP THE SENATE, SR 20. By Senators Sanders of the 41st, Wesberry of the 37th, Miller of the 43rd, and others: A resolution calling a Constitutional Convention; and for other pur poses. HB 6. By Messrs. Snow of Walker, Clarke of Monroe, Blair of Sumter, Smith of Camden, Shea of Chatham, Brooks of Oglethorpe and Fulford of Terrell: A bill to provide for grants to certain incorporated municipalities for the purpose of aiding in the construction and maintenance of streets and for aiding in defraying the costs of providing personnel and equip ment for the control of traffic; and for other purposes. HB 15. By Messrs. Richardson, Shea and Sewell of Chatham, White of McIntosh and others: A bill to authorize public and private corporations of and in the State of Georgia to make applications for the right to establish, operate, and maintain foreign-trade zones in or adjacent to ports of entry; and for other purposes. HB 54. By Mr. Davis of Heard: A bill to place the sheriff of Heard County on a salary basis in lieu of a fee basis; and for other purposes. HB 65. By Mr. Conner of Jeff Davis: A bill to amend Code section 56-804b, relating to the qualifications of applicants for insurance licenses, so as to authorize the commissioner to issue licenses to non-residents where a hardship arises in those instances where a state line divides a community or area; and for other purposes. HB 66. By Mr. Conner of Jeff Davis: A bill to amend Code section 56-803a, relating to licensing of and pay ing commissions to agents writing life and accident and sickness insur ance and annuity contracts, so as to provide that an insurer may make direct or indirect payment of commissions to incorporated insurance agencies either by contract with such incorporated agency, assignment, or other means; and for other purposes. HB 67. By Mr. Conner of Jeff Davis: A bill to amend an act revising, classifying, consolidating and super seding the previous laws relating to insurance, so as to make certain FRIDAY, JANUARY 22, 1965 10J technical clarifications therein relating to the substitution of said act for previous Title 56 of the Code of Georgia of 1933; and for other purposes. HR 11. By Messrs. Simpson of Wheeler and Smith of Telfair: A resolution authorizing the conveyance to Wheeler and Telfair Coun ties of a certain tract of state-owned property; and for other purposes. HR 21. By Messrs. Jordan, McDaniell and Duncan of Cobb: A resolution proposing an amendment to the Constitution so as to pro hibit the incorporation of any territory within the limits of Cobb County by any municipality, the major portion of which is located outside the territorial limits of Cobb County, without the approval of the voters of Cobb County; 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 House and has instructed me as Secretary, to report the same back to the Senate with the following recommendation: HB 71. Do Pass. Respectfully submitted, Rowan of 8th District, Secretary. Mr. Kendrick of the 32nd District, Chairman of the Committee on Educa tional Matters, submitted the following report: Mr. President: Your Committee on Educational Matters has had under consideration the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation: SB 15. Do Pass. Respectfully submitted, Kendrick of 32nd District, Chairman. 102 JOURNAL OF THE SENATE, Mr. Downing of the 1st District, Chairman of the Committee on County and Municipal Governments, submitted the following report: Mr. President: Your Committee on County and Municipal Governments has had under con sideration the following bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations: HB 3. Do Pass. HB 4. Do Pass. HB 7. Do Pass. HB 8. Do Pass. HB 10. Do Pass. HB 17. Do Pass. HB 18. Do Pass. HB 19. Do Pass. HB 20. Do Pass. HB 70. Do Pass by Substitute. HB 26. Do Pass. HB 31. Do Pass. HB 33. Do Pass. HB 36. Do Pass. HB 37. Do Pass. HB 38. Do Pass. HB 39. Do Pass. HB 40. Do Pass. HB 46. Do Pass. HB 49. Do Pass. Respectfully submitted, Downing of 1st 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 5. By Senator Sanders of the 41st: A bill to, amend the charter of the City of Lithonia, and the several acts amendatory thereof by providing for qualifying fees and notice FRIDAY, JANUARY 22, 1965 103 of candidacy for the office of mayor and councilmen; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 17. By Senators Sanders of the 41st, Salome of the 36th, Thompson of the 34th, Maclntyre of the 40th, Wesberry of the 37th, Ward of the 39th, Coggin of the 35th and Miller of the 43rd: A bill to amend an act providing a system of other benefits for mem bers of paid fire departments, so as to change the provisions for maxi mum pension benefits; 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 28, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 18. By Senators Ward of the 39th, Johnson of the 38th, Thompson of the 34th, Salome of the 30th, Maclntyre of the 40th, Wesberry of the 37th, Coggin of the 35th, and others: A bill to amend an act providing for pensions to officers and employees of cities of more than 150,000 as disclosed by the United States Census of 1920, as amended, so as to provide pensions for officers failing to be reelected or reappointed, by repealing said section and inserting a new section; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. 104 JOURNAL OF THE SENATE, SB 19. By Senators Thompson of the 34th, Wards of the 39th, Wesberry of the 37th and others: A bill to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 20. By Senators Maclntyre of the 40th, Johnson of the 38th, Salome of the 36th and others: A bill to amend an act providing for pensions for the members of police departments in cities having a population of 150,000 or more in the last census of the United States; to provide additional pensions for such members; to change provision as to maximum benefit; and for other purposes. The report 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 3. By Mr. Balkcom of Quitman: A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Quitman County, so as to provide for the election of commissioners from the county at large; to change the requirements relative to purchases; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. FRIDAY, JANUARY 22, 1965 105 HB 4. By Mr. Balkcom of Quitman: A bill to amend an act establishing a new charter for the Town of Georgetown, so as to change the term of office of the mayor and councilmen; to number posts on the council; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 7. By Mr. Smith of Telfair: A bill to abolish the present mode of compensating the sheriff of Tel fair 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 ayees were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 8. By Mr. Smith of Telfair: A bill to amend an act consolidating the offices of the tax collector and tax receiver of Telfair 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 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 10. By Mr. McRae of Talbot: A bill to change the compensation of the sheriff of Talbot County from the fee system to the salary system; and for other purposes. 106 JOURNAL OF THE SENATE, The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 17. By Mr. Simpson of Wheeler: A bill to abolish the present mode of compensating the sheriff of Wheeler 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 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 18. By Mr. Brown of Hart: A bill to amend an act authorizing the superior court judge or judges in any county in this State located in certain judicial circuits to estab lish 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 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 19. By Mr. Coker of Turner: A bill to abolish the present mode of compensating the sheriff of Turner 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. FRIDAY, JANUARY 22, 1965 107 On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 20. By Mr. Knight of Berrien: A bill to abolish the present mode of compensating the sheriff of Ber rien 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 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 26. 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 time and manner of the registration of voters to vote in 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 31. By Mr. Dean of Polk: A bill to create the Rockmart 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. 108 JOURNAL OF THE SENATE, The bill, having received the requisite constitutional majority, was passed. HB 33. By Mr. Bowen of Dooly: A bill to amend an act found in Georgia Laws 1920, creating a charter for the City of Unadilla, so as to provide for levying and collection of an ad valorem tax on all classes of property subject to taxation within its 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 36. By Messrs. Mixon of Irwin, Alien of Tift, Crowe of Worth, Branch of Tift and Coker of Turner: A bill to change the terms of the Superior Court of Irwin County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 37. 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 provide that any person holding office under the City of LaGrange shall not be capable of contracting with the city unless such contract is the result of bona fide competitive bidding; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. FRIDAY, JANUARY 22, 1965 109 On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 38. By Messrs. Ware and Spikes: A bill to amend an act creating a new charter for the City of LaGrange, so as to provide for a tax increase for the years 1965 and 1966; and for other purposes. The report 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 39. 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 authorize the City of LaGrange to provide group insurance for its employees and to provide for the payment of the premiums 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 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 40. By Messrs. Lee and Gary of Clayton: A bill to authorize the governing authority of Clayton County to adopt traffic ordinances and regulations for the governing and policing of said county; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. 110 JOURNAL OF THE SENATE, HB 46. By Mr. Savage of Macon: A bill providing a charter for the City of Montezuma, so as to change the corporate limits of the said city by extending and defining the 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 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 49. By Mr. Irvin of Habersham: A bill to place the sheriff of Habersham County upon an 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 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 71. By Mr. Walker of Lowndes: A bill to amend Code section 34-805, relating to special elections for members of the General Assembly, so as to provide for certain excep tions relative to vacancies occurring during 1965; 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 28, nays 0. The bill, having received the requisite constitutional majority, was passed. FRIDAY, JANUARY 22, 1965 111 HB 70. By Mr. Busbee of Dougherty: A bill to amend an act abolishing the justice of the peace courts of Dougherty County, so as to provide that if a vacancy should occur in the 1097th Militia District of Dougherty County, the judge of the Superior Court of Dougherty County shall be authorized to appoint a notary public ex-officio justice of the peace to serve for the remainder of the unexpired term; 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 abolishing the justice of the peace courts in Dougherty County, approved March 10, 1964 (Ga. Laws 1964, p. 2593), so as to provide for the filling of a vacancy in the office of the justice of the peace of the 1097th Militia District of Dougherty County if a vacancy should occur prior to June 1, 1965; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act abolishing the justice of the peace courts in Dougherty County, approved March 10, 1964 (Ga. Laws 1964, p. 2593), is hereby amended by adding at the end of Section 1 the following: "Provided, however, that in the event a vacancy occurs in the office of the justice of the peace for the 1097th Militia District of Dougherty County prior to June 1, 1965, said vacancy shall be filled in accordance with the provisions of Code Section 24-406." so that when so amended Section 1 shall read as follows: "Section 1. From and after the date of approval of this Act or it otherwise becomes law, no justice of the peace shall be elected in Dougherty County nor shall any notary public ex-officio justice of the peace be appointed in Dougherty County. The offices of justice of the peace and justice courts and the offices of notary public ex-officio justice of the peace and their courts in Dougherty County are hereby abolished effective upon the expiration of the term to which each incumbent may have been appointed or elected or upon their death or resignation, whichever first occurs. The offices of constable in Dougherty County are hereby abolished effective the date on which the court they serve is abolished. Pro vided, however, that in the event a vacancy occurs in the office of the justice of the peace for the 1097th Militia District of Dougherty County prior to June 1, 1965, said vacancy shall be filled in accord ance with the provisions of Code Section 24-406." Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. 112 JOURNAL OF THE SENATE, 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 28, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Webb of the llth asked unanimous consent that all House bill passed this day be immediately transmitted to the House. The consent was granted. Senator Webb of the llth asked unanimous consent that the Rules of the Senate be suspended and that all bills filed with the secretary this date, Friday, January 22, 1965, be read the first time on this date and that senators be allowed to file bills during the interim between the adjournment or recess of the first portion and the convening of the second portion of the 1965 regular session of the General Assembly and that the bills so filed be read the first time on the first day of convening of the second portion of the 1965 regular session of the General Assembly. 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 to-wit: HR 115. By Messrs. Smith of Grady and Bolton of Spalding: A resolution relative to the adjournment of the General Assembly; and for other purposes. Senator Gordy of the 15th Chairman of the Committee on Senate Adminis trative Affairs, submitted the following report: FRIDAY, JANUARY 22, 1965 113 Mr. President: Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for trans mission to the House of Representatives: SB 5. SB 12. SB 13. SB 17. SB 18. SB 19. SB 20. SR 24. Respectfully submitted, Gordy of the 15th District, Chairman. The following resolution was read and adopted: HR 115. By Messrs. Smith of Grady and Bolton of Spalding: A resolution relative to the adjournment of the General Assembly; and for other purposes. Under the provisions of HR 115, the president announced the Senate ad journed until 10:00 o'clock February 8, 1965. 114 JOURNAL OF THE SENATE, Senate Chamber, Atlanta, Georgia, Monday, February 8, 1965. 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 the chaplain, Elder O. J. Rives, moderator of the Union Primitive Baptist Association, Valdosta, Georgia. Prayer was offered by Elder Vaughn Marshall, pastor of the Providence Church in Valdosta, Georgia. The roll was called, and the following senators answered to their names Adams Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble Owens Padgett Pennington Plunkett Rowan Salome Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young Senator Gordy of the 15th reported that the journal of Friday's, January 22nd, proceedings had been examined and found correct. By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed. Senator Webb of the llth 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. MONDAY, FEBRUARY 8, 1965 J 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions. The consent was granted. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House to-wit: HB 100. By Messrs. Smith of Grady, Conger of Decatur and Dollar of Decatur: A bill to provide for the terms of the Superior Court of Grady County; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute of the following bill of the House: HB 70. By Mr. Busbee of Dougherty: A bill to amend an act abolishing the justice of the peace courts in Dougherty County, so as to provide that if a vacancy should occur in the 1097th Militia District of Dougherty County, the judge of the superior court of Dougherty County shall be authorized to appoint a notary public ex-officio justice of the peace to serve for the remainder of the unexpired term; and for other purposes. The House has adopted the following resolutions of the Senate: SR 18. By Senator Plunkett of the 30th: A resolution commending Honorable J. Ebb Duncan; and for other purposes. SR 24. By Senator Jackson of the 16th: A resolution calling a joint session of the Senate and the House of Representatives for the purpose of hearing proposed State Songs; and for other purposes. 116 JOURNAL OF THE SENATE, The following bills and resolutions were introduced, read the first time, and referred to committees: SB 41. By Senators Sanders of the 41st, Miller of the 43rd: A bill to amend an act entitled "An Act to create and establish in DeKalb County, Georgia, districts from which the members of the County Board of Education of DeKalb County shall be elected; so as to redefine school board districts; to change the terms of board members; to change the method of electing members of the board; and for other purposes. Referred to Committee on County and Municipal Governments. SB 42. By Senator Thompson of the 34th: A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors"; and for other purposes. Referred to Committee on Temperance. SB 43. By Senator Kendrick of the 32nd: A bill to amend an act establishing a retirement system for aged and incapacitated teachers in the State Public Schools; and other State supported schools, so as to provide for two additional members on the Board of Trustees of the Teachers Retirement System of Georgia; and for other purposes. Referred to Committee on Educational Matters. SB 44. By Senator Kendrick of the 32nd: A bill to amend an act known as the "Minimum Foundation Program of Education Act", so as to remove the provision relating to the manner in which the equalized, adjusted school property tax digest shall be calculated for independent school systems located within a county; to repeal conflicting laws; and for other purposes. Referred to Committee on Educational Matters. SB 45. By Senator Broun of the 46th: A bill to provide that the State of Georgia shall be a party to the "Interstate Compact on Juveniles"; to provide the procedure connected therewith; and for other purposes. Referred to Committee on Interstate Cooperation. SB 46. By Senators Rowan of the 8th, Spinks of the 9th, Noble of the 19th, and others: 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 a tolerance in MONDAY, FEBRUARY 8, 1965 117 hauling unprocessed agricultural and unfinished forest products; and for other purposes. Referred to Committee on Agriculture and Natural Resources. SB 47. By Senators Gayner of the Bth, Johnson of the 42nd, Webb of the llth, and others: A bill to comprehensively and exhaustively revise, supersede and mod ernize pre-trial and trial procedures in civil cases in the Superior Courts and Constitutional City Court; and for other purposes. Referred to Committee on Judiciary. SB 48. By Senators Webb of the llth, Smalley of the 28th, Gayner of the 5th, and others: A bill to comprehensively and exhaustively revise, supersede, and mod ernize appellate and other post trial procedure in Civil and Criminal Cases; and for other purposes. Referred to Committee on Judiciary. SB 49. By Senators Kidd of the 25th and Kendrick of the 32nd: A bill requiring all students and teachers to wear eye protective de vices when participating in certain vocational, industrial arts, and chemical-physical courses or laboratories; and for other purposes. Referred to Committee on Defense and Veterans Affairs. SR 29. By Senator Broun of the 46th: A resolution creating the Senate Crime Study Committee; and for other purposes. Referred to Committee on Rules. SR 30. By Senator Kidd of the 25th: A resolution requesting the Georgia Delegation to the United States Congress to petition Congress to enact legislation making it illegal for the United States Government to purchase a commodity covered by a valid United States patent from any source other than the patent owner or the holder of a manufacturing license granted by the patent owner; and for other purposes. Referred to Committee on Rules. 118 JOURNAL OF THE SENATE, SR 31. By Senator Kidd of the 25th: A resolution concerning judicial power over legislative apportionment; and for other purposes. Referred to Committee on Rules. SR 32. By Senator Johnson of the 38th: A resolution to permit the use of a facsimile of the face or front of the Great Seal of the State of Georgia together with that of certain other States as a part of the decor in the lobby of the home office building of the North Carolina Mutual Life Insurance Company in downtown Durham, North Carolina; and for other purposes. Referred to Committee on Rules. SR 33. By Senator Jackson of the 16th: A resolution authorizing the State of Georgia to convey an easement held by the State over certain properties located in the City of Colum bus, County of Muscogee; and for other purposes. Referred to Committee on Business, Trade and Commerce. HB 100. By Messrs. Smith of Grady and Dollar and Conger of Decatur: A bill to provide for the terms of the Superior Court of Grady County; and for other purposes. Referred to Committee on Judiciary. The following bills and resolutions were read the second time: SB 33. By Senator Carter of the 14th: A bill to amend an act authorizing the governing authorities of munici palities and counties to establish planning commissions, so as to author ize municipalities and counties of this State to create planning com missions and to continue existing commissions; and for other purposes. SB 34. By Senators Webb of the llth and Jackson of the 16th: A bill to amend an act dealing with appointment of members to the Hospital Advisory Council, so as to provide for the selection of mem bership of said Hospital Advisory Council; to repeal conflicting laws; and for other purposes. MONDAY, FEBRUARY 8, 1965 119 SB 35. By Senators Webb of the llth and Jackson of the 16th: A bill to amend an act known as the Georgia Health Code, so as to provide that the Georgia Department of Public Health is authorized to enter into agreements with the Federal Government, other States, or interstate agencies, whereby this State will perform, on a coopera tive basis with the Federal Government, other States or interstate agencies, inspections and other functions related to the control of ionizing radiation; and for other purposes. SB 36. By Senators Webb of the llth and Jackson of the 16th: 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 pro vide for transferees; to provide for the distribution of copies of this Act; to provide an effective date; and for other purposes. SB 37. By Senator Webb of the llth: A bill to amend Section 89-101 of the Code of Georgia of 1933, declaring certain persons to be ineligible to hold any civil office, so as to pro vide that any Federal, State or County Officer may, upon appointment, hold the office of member of the Board of Commissioners of the Geor gia Historical Commission; to repeal conflicting laws; and for other purposes. SB 38. By Senator Webb of the llth: A bill to amend an act known as the "Georgia Administrative Procedure Act", so as to change certain definitions, correct typographical errors and make technical clarifications; to change certain provisions relating to notice, hearing and record in contested cases and official notice of certain facts in contested cases; to provide that the Secretary of State may engage the services of privately owned firms to compile index and publish rules of agencies as defined in said act; and for other purposes. SB 39. By Senator Miller of the 43rd: A bill to prohibit the hunting and taking of owls; to provide a penalty for the violation of this Act; to repeal conflicting laws; and for other purposes. SB 40. By Senator Johnson of the 38th: A bill to amend an act regulating traffic on highways, so as to provide that the Director of the Department of Public Safety shall issue per mits for official inspection stations only to persons having an estab lished place of business; and for other purposes. 120 JOURNAL OP THE SENATE, SR 25. By Senator Kidd of the 25th: A resolution proposing an amendment to the Constitution to provide that the right of the people to own, control, buy, sell, lease or rent private real property shall not be violated; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes. SR 27. By Senator Webb of the llth: A resolution proposing an amendment to the Constitution so as to change the provisions relating to meetings of the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes. HB 16. By Messrs. Richardson and Sewell of Chatham: A bill to provide that it shall be unlawful to wilfully remove or oblit erate the manufacturer's serial or code numbers appearing on any case, carton, package or container of any tobacco product; and for other purposes. HB 50. By Mr. Smith of Grady: A bill to amend an act renaming the Albany Judicial Circuit as the South Georgia Judicial Circuit, so as to provide for a supplement to the compensation of the official court reporter; to provide that the supplement shall be apportioned among the counties comprising said circuit; and for other purposes. HB 59. By Mr. Bynum of Rabun: A bill to authorize the ordinary of Rabun County upon recommenda tion of tax commissioner of Rabun County to additionally compensate the secretary of the tax commissioner of Rabun County; and for other purposes. HB 61. By Mr. Bynum of Rabun: A bill to provide for compensation for the ordinary of Rabun County and compensation for secretarial assistance to the ordinary of Rabun County; and for other purposes. HB 68. By Mr. Houston of Pierce: A bill to amend an act creating the Board of Commissioners of Roads and Revenues of Pierce County, so as to change the compensation of the chairman and the members of the Board of Commissioners of Roads and Revenues of Pierce County; and for other purposes. MONDAY, FEBRUARY 8, 1965 121 HB 69. By Mr. Houston of Pierce: A bill to abolish the present method of compensating the sheriff of Pierce County known as the fee system; and for other purposes. HB 79. By Mr. Floyd of Chattooga: A bill to consolidate the offices of tax receiver and tax collector of Chattooga County into the office of tax commissioner; and for other purposes. HB 72. By Mr. Dickinson of Douglas: A bill to amend an act placing the coroner of Douglas County on a salary in lieu of fees, so as to change the amount of the compensation; and for other purposes. HB 74. By Mr. Davis of Heard: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Heard County, so as to change the compensation of the members of the Board; and for other purposes. HB 75. By Mr. Floyd of Chattooga: A bill to amend an act entitled "an act 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 76. By Mr. Floyd of Chattooga: A bill to amend an act placing the sheriff of the superior court of Chattooga County on a salary in lieu of the fee system of compensation, so as to provide that the sheriff shall not receive any compensation for services as ex-officio sheriff of the City Court of Chattooga County; and for other purposes. HB 77. By Mr. Floyd of Chattooga: A bill to repeal an act establishing the City Court of Chattooga County; and for other purposes. HB 78. By Mr. Floyd of Chattooga: A bill placing the clerk of the superior court of Chattooga County on a salary in lieu of the fee system of compensation, so as to provide that the clerk of the superior court of Chattooga County shall not receive any compensation for his services as ex-officio clerk of the City Court of Chattooga County; and for other purposes. 122 JOURNAL OF THE SENATE, HB 97. By Mr. Grahl of Peach: A bill to place the sheriff of Peach County upon an annual salary in lieu of the fee system of compensation; and for other purposes. HB 82. By Messrs. Knight and Lovett of Laurens: A bill to implement that amendment to Article VIII, Section V, Para graph I of the Constitution set forth in Ga. Laws (1964) pp. 903-906 by creating a Dublin-Laurens School System through the merger of the independent school system of the City of Dublin and the county system of Laurens County; and for other purposes. HB 85. By Messrs. Pickard, Brinkley and Jones of Muscogee: A bill to amend Code Section 91-8 pertaining to Inventory and Public Sale of Property as pertains to certain counties; and for other purposes. HB 86. By Messrs. Melton and Bolton of Spalding, Clarke of Monroe, Pafford of Lanier, DeLoach of Echols, Lee of Clinch, Hudgins of Chattahoochee, Bowen of Dooly and many others: A bill known as the "Minimum Foundation Program of Education Act", so as to change the provisions for establishing the basis for a minimum schedule of salaries; and for other purposes. HB 89. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke: A bill to amend an act providing for service of process on foreign trustees as to lands in this State, so as to increase from $2.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for such a foreign trustee; and for other purposes. HB 90. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee: A bill to amend an act providing for the regulation of the sale of securities in this State, so as to fix the fee of the commissioner of securities for accepting service of process as an agent for a person executing a consent to service of process under the provisions of the act; and for other purposes. HB 91. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke: A bill to amend an act providing for service of process upon foreign corporations not domesticated in this state but doing business therein, so as to increase from $2.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for such a corporation; and for other purposes. MONDAY, FEBRUARY 8, 1965 123 HB 92. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke: A bill to amend an act providing for service of process upon non residents operating motor vehicles in this State, so as to increase from $2.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for such non-resident motorist; and for other purposes. HB 93. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke: A bill to amend chapter 68-6 of the Code of Georgia of 1933 concerning the regulation of "motor common carriers" so as to increase from $3.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for a non-resident motor common carrier; and for other purposes. HB 94. By Messrs. Steis of Harris, Harris of DeKalb, and Jones and Brinkley of Muscogee: A bill to amend chapter 68-5 of the Code of Georgia of 1933 concerning the regulation of "motor carriers" so as to increase from $3.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for a non-resident motor carrier; and for other purposes. HB 95. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke: A bill to amend an act authorizing certain foreign corporations, includ ing banks, to act in fiduciary capacities within this State upon certain terms and conditions, so as to fix the fee of the Secretary of State for accepting service of process as an agent for such a corporation; and for other purposes. HB 96. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke: A bill to amend an act providing for service of process upon carnivals, circuses, road shows, tent shows and other itinerant shows, so as to increase from $2.00 to $4.00 the fee of the Secretary of State for ac cepting service of process as an agent for such a show; and for other purposes. HR 47. By Messrs. Smith of Emanuel, Nessmith of Bulloch and others: A resolution requesting Congress to call a convention for the purpose of proposing an amendment to the Constitution of the United States, relating to apportionment of representation in any State legislature; and for other purposes. 124 JOURNAL OF THE SENATE, Mr. Downing of the 1st 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 54. Do Pass. Respectfully submitted, Downing of 1st District, Chairman. The following local, uncontested bill, favorably reported by the committee, was read the third time, and put upon its passage: HB 54. By Mr. Davis of Heard: A bill to place the sheriff of Heard 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 41, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Lee of the 47th asked unanimous consent that the following bill be recommitted to the Committee on Health and Welfare: SB 6. By Senators Lee of the 47th, Pennington of the 45th and Padgett of the 23rd: A bill to amend Code chapter 84-15, relating to the regulation of the practice of veterinary medicine, as amended, so as to completely and exhaustively revise the laws relating to the practice of veterinary medicine; and for other purposes. The consent was granted. MONDAY, FEBRUARY 8, 1965 125 The following general bill, favorably reported by the committee, was read the third time, and put upon its passage. SB 15. By Senators Kendrick of the 32nd, Rowan of the 8th, Noble of the 19th, Young of the 13th, Maclntyre of the 40th, Jackson of the 16th and others: A bill to amend an act known as the "Minimum Foundation Program of Education Act", approved February 24, 1964 (Ga. Laws 1964, p. 3), so as to prescribe the provisions for establishing the basis for a mini mum schedule of salaries; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 41, nays 0. The bill, having received the requisite constitutional majority, was passed. The president of the Senate appointed as a committee of escort for the Honorable Herman Talmadge, the following: Senators Webb of the llth, Dean of the 6th, Smith of the 18th, Jackson of the 16th, Flowers of the 10th, Gillis of the 20th, and Miller of the 43rd. Senator Webb of the llth moved that when the joint session is dissolved, that the Senate stand adjourned until 10:00 o'clock tomorrow morning, and the motion prevailed. The following resolution was read and adopted: SR 34. By Senators Webb of the llth and Minish of the 48th: A resolution expressing regret at the passing of Honorable Jesse J. Baggett; 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 Honorable Herman Talmadge, was called to order by the president of the Senate. 126 JOURNAL OF THE SENATE, The resolution authorizing the joint session of the Senate and House was read by the secretary of the Senate. Accompanied by the committee of escort, Governor Carl E. Sanders, and other distinguished guests, Honorable Herman Talmadge appeared upon the floor of the House. Lieutenant-Governor Peter Zack Geer introduced Governor Carl E. Sanders with appropriate remarks. Governor Carl E. Sanders presented Senator Talmadge, who delivered a constructive and inspiring address. Senator Webb of the llth moved that the joint session be now dissolved and the motion prevailed. The president of the Senate announced the joint session dissolved. Under the provisions of a previous motion, the Senate adjourned until 10:00 o'clock tomorrow morning. TUESDAY, FEBRUARY 9, 1965 127 Senate Chamber, Atlanta, Georgia, Tuesday, February 9, 1965. 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 the chaplain, Reverend W. Norris Wilkerson, pastor, Fellowship Baptist Church, Smyrna, Georgia. Prayer was offered by Dr. Monroe Swilley, Pastor, Second Ponce de Leon Baptist Church, Atlanta, Georgia. The roll was called, and the following senators answered to their names: Adams Ballew Bateman Broun Carter Cog-gin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble Owens Padgett Pennington Plunkett Rowan Salome Sanders Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young Senator Hill of the 29th reported that the journal of yesterday's proceedings had been examined and found correct. By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed. Senator Webb of the llth 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. 128 JOURNAL OF THE SENATE, 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 resolutions of the House to-wit: HR 15. By Mr. Fulford of Terrell: A resolution authorizing the conveyance of certain real estate located in Terrell County, Georgia; and for other purposes. HR 28. By Mr. Hale of Dade: A resolution authorizing the conveyance of permanent easements over certain State owned properties; and for other purposes. The House has adopted the following resolution of the House to-wit: HR 119. By Mr. Blair of Sumter: A resolution calling a joint session of the Senate and the House of Representatives for the purpose of hearing a proposed State song; and for other purposes. The following resolutions were read and adopted: SR 28. By Senator Broun of the 46th: A resolution commending the Alumni Society of the University of Georgia in connection with its forthcoming Alumni Seminar, scheduled for February 11-13, 1965; and for other purposes. TUESDAY, FEBRUARY 9, 1965 129 SR 35. By Senator Webb of the llth: A resolution relative to the Motor Vehicle Inspection Law Study Com mittee; and for other purposes. The following bills and resolutions were introduced, read the first time, and referred to committees: SB 50. By Senators Downing of the 1st and Padgett of the 23rd: A bill to provide that any contract made and entered into by any department or agency of State government for the construction or repair of buildings or other facilities shall contain certain representa tions and specifications relating to the payment of prevailing minimum wages to all persons employed by the contractors; and for other pur poses. Referred to Committee on Industry and Labor. SB 51. By Senator Padgett of the 23rd: A bill to prohibit certain activities by county, municipal or other political subdivision officials with respect to conflicts of interest be tween their public duties and their personal business or professional interests in all counties of this State having a population of not less than 135,000 and not more than 140,000, according to the official United States decennial census of 1960 or any future such census; and for other purposes. Referred to Committee on County and Municipal Governments. SB 52. By Senators Hall of the 52nd and Lee of the 47th: A bill to authorize the State Personnel Board to provide a Health Insurance Plan for county employees of the State Department of Family and Children Services; to provide an effective date; and for other purposes. Referred to Committee on Health and Welfare. SB 53. By Senator Maclntyre of the 40th: A bill to amend Code Section 114-102 which defines "injury" and "per sonal injury"; and for other purposes. Referred to Committee on Industry and Labor. SB 54. By Senator Sanders of the 41st: A bill to require all motor vehicle dealers to have all motor vehicles sold by them inspected in accordance with the provisions of the motor 130 JOURNAL OF THE SENATE, vehicle inspection laws prior to their sale to the general public; to pro vide for a penalty; and for other purposes. Referred to Committee on Public Utilities and Transportation. HR 15. By Mr. Fulford of Terrell: A resolution authorizing the conveyance of certain real estate located in Terrell County; and for other purposes. Referred to Committee on Rules. HR 28. By Mr. Hale of Bade: A resolution authorizing the conveyance of permanent easements over certain State owned properties; and for other purposes. Referred to Committee on Rules. The following bills and resolutions were read the second time: SB 41. By Senators Sanders of the 41st, Miller of the 43rd: A bill to amend an act entitled "An Act to create and establish in DeKalb County, Georgia, districts from which the members of the County Board of Education of DeKalb County shall be elected; so as to redefine school board districts; to change the terms of board mem bers; to change the method of electing members of the board; and for other purposes. SB 42. By Senator Thompson of the 34th: A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors"; and for other purposes. SB 43. By Senator Kendrick of the 32nd: A bill to amend an act establishing a retirement system for aged and incapacitated teachers in the State Public Schools; and for other State supported schools, so as to provide for two additional members on the Board of Trustees of the Teachers Retirement System of Georgia; and for other purposes. SB 44. By Senator Kendrick of the 32nd: A bill to amend an act known as the "Minimum Foundation Program of Education Act", so as to remove the provision relating to the man- TUESDAY, FEBRUARY 9, 1965 131 ner in which the equalized, adjusted school property tax digest shall be calculated for independent school systems located within a county; to repeal conflicting laws; and for other purposes. SB 45. By Senator Broun of the 46th: A bill to provide that the State of Georgia shall be a party to the "Interstate Compact on Juveniles"; to provide the procedure connected therewith; and for other purposes. SB 46. By Senators Rowan of the 8th, Spinks of the 9th, Noble of the 19th, and others: 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 a tolerance in hauling unprocessed agricultural and unfinished forest products; and for other purposes. SB 47. By Senators Gayner of the 5th, Johnson of the 42nd, Webb of the llth, and others: A bill to comprehensively and exhaustively revise, supersede and mod ernize pre-trial and trial procedures in civil cases in the Superior Courts and Constitutional City Court; and for other purposes. SB 48. By Senators Webb of the llth, Smalley of the 28th, Gayner of the 5th, and others: A bill to comprehensively and exhaustively revise, supersede, and mod ernize appellate and other post trial procedure in Civil and Criminal Cases; and for other purposes. SB 49. By Senators Kidd of the 25th and Kendrick of the 32nd: A bill requiring all students and teachers to wear eye protective de vices when participating in certain vocational, industrial arts, and chemical-physical courses or laboratories; and for other purposes. SR 29. By Senator Broun of the 46th: A resolution creating the Senate Crime Study Committee; and for other purposes. SR 30. By Senator Kidd of the 25th: A resolution requesting the Georgia Delegation to the United States Congress to petition Congress to enact legislation making it illegal for 132 JOURNAL OF THE SENATE, the United States Government to purchase a commodity covered by a valid United States patent from any source other than the patent owner or the holder of a manufacturing license granted by the patent owner; and for other purposes. SR 31. By Senator Kidd of the 25th: A resolution concerning judicial power over legislative apportionment; and for other purposes. SR 32. By Senator Johnson of the 38th: A resolution to permit the use of a facsimile of the face or front of the Great Seal of the State of Georgia together with that of certain other States as a part of the decor in the lobby of the home office building of the North Carolina Mutual Life Insurance Company in downtown Durham, North Carolina; and for other purposes. SR 33. By Senator Jackson of the 16th: A resolution authorizing the State of Georgia to convey an easement held by the State over certain properties located in the City of Colum bus, County of Muscogee; and for other purposes. HB 100. By Messrs. Smith of Grady and Dollar and Conger of Decatur: A bill to provide for the terms of the Superior Court of Grady County; and for other purposes. SR 28. By Senator Broun of the 46th: A resolution commending the Alumni Society of the University of Georgia in connection with its forthcoming Alumni Seminar, scheduled for Feb. 11-13, 1965; and for other purposes. SR 35. By Senator Webb of the llth: A resolution relative to the Motor Vehicle Inspection Law Study Com mittee; and for other purposes. HR 119. By Mr. Blair of Sumter: A resolution calling a joint session of the Senate and the House of Representatives for the purpose of hearing a proposed State song; and for other purposes. TUESDAY, FEBRUARY 9, 1965 133 Senator Gordy of the 15th, 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 bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House of Representatives: SB 15. Respectfully submitted, Gordy of the 15th District, Chairman. Senator Webb of the llth moved that when the joint session is dissolved, that the Senate stand adjourned until 10:30 o'clock tomorrow morning, and the motion prevailed. 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 groups sing proposed State songs for adoption as the official State Song, was called to order by the president of the Senate. The resolution convening the joint session was read by the secretary. Edward W. Hiles, vice-president of the Georgia Savings and Loan League, addressed the General Assembly. The members of the General Assembly enjoyed several songs rendered by various high school groups. Senator Webb of the llth moved that the joint session be now dissolved> and the motion prevailed. The president of the Senate announced the joint session dissolved. Under the provisions of a previous motion, the Senate adjourned until 10:30 o'clock tomorrow morning. 134 JOURNAL OF THE SENATE, Senate Chamber, Atlanta, Georgia, Wednesday, February 10, 1965. The Senate met pursuant to adjournment at 10:30 o'clock this morning and was called to order by the president. Scripture reading and prayer was offered by Dr. C. Douglas Jackson, pastor, First Baptist Church, East Point, Georgia. The roll was called, and the following senators answered to their names: Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble Owens Padgett Pennington Plunkett Rowan Salome Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young Senator Ballew of the 30th 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 jounrnal was confirmed. Senator Webb of the llth 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. WEDNESDAY, FEBRUARY 10, 1965 135 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions. The consent was granted. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills and resolutions of the House to-wit: HR 103. By Messrs. Milhollin and Williams of Coffee: A resolution to designate the "Seventeen Mile River"; and for other purposes. HB 101. By Mr. Wright of Wilkes: A bill to amend an act abolishing the offices of tax collector and the tax receiver of Wilkes County and creating in lieu thereof the office of tax commissioner of Wilkes County, so as to change the provisions authorizing the tax commissioner to compensate a clerical assistant; and for other purposes. HB 108. By Mr. Brown of Bacon: A bill to amend an act creating a new charter for the City of Alma, so as to change the date of the election for mayor and council; and for other purposes. HB 109. By Mr. Hudgins of Chattahoochee: A bill to abolish the present method of compensating the sheriff of Chattahoochee County, known as the fee system, and to provide in lieu thereof an annual salary for the sheriff; and for other purposes. HB 110. By Mr. McCracken of Jefferson: A bill to amend an act establishing a new charter for the City of Louis ville, so as to provide for arbitration of assessments made by the Board of Tax Assessors of the City of Louisville on demand of dissatis fied taxpayers; and for other purposes. 136 JOURNAL OF THE SENATE, HB 111. By Messrs. Williams and Overby of Hall: A bill to amend an act, relating to the officers of the county boards of education, so as to provide that in certain counties the chairman of the board shall be elected for such term as shall be determined by the board; and for other purposes. HB 114. By Mr. Coker of Turner: A bill to amend an act creating a new charter for the City of Ashburn, so as to allow the governing body of the City of Ashburn, the Mayor and Council, to fix and pay the salaries of said Mayor and Council, within a prescribed maximum; and for other purposes. HB 117. By Messrs. Caldwell and Page 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 118. By Mr. Lewis of Burke: A bill to amend an act providing supplemental compensation for the Ordinary of Burke County, so as to change the supplemental compensa tion of the Ordinary of Burke County; and for other purposes. HB 119. By Mr. Black of Webster: A bill to place the sheriff of Webster County upon an annual salary; and for other purposes. HB 121. By Mr. Irvin of Habersham: A bill to amend an act, relating to the incorporation of the Town of Cornelia, Georgia, to repeal conflicting acts; and for other purposes. HB 122. By Mr. Johnson of Elbert: A bill to amend an act placing the clerk of the superior court and the ordinary of Elbert County upon an annual salary, so as to change the compensation of the clerk of the superior court and the ordinary; and for other purposes. HB 126. By Messrs. Milhollin and Williams of Coffee: A bill to amend an act creating a new charter for the City of Douglas, so as to authorize the governing authority of said City to close por tions of certain streets; and for other purposes. WEDNESDAY, FEBRUARY 10, 1965 137 HB 127. By Mr. Bynum of Rabun: A bill to amend an act providing a secretarial assistant for the clerk of the superior court of Rabun County and to provide for their com pensation, so as to change the amount of compensation to be paid to the secretary to the clerk of the superior court; and for other purposes. HB 135. By Mr. Smith of Telfair: A bill to amend the city charter of the City of Milan so as to provide an election code therefor; and for other purposes. HB 137. By Mr. Bowen of Dooly: A bill to amend an act found in Georgia Laws 1920, creating a charter for the city of Unadilla, so as to authorize the governing authority of the city of Unadilla to convey certain described property to E. Guy Conner; and for other purposes. HB 138. By Mr. Crowe of Worth: A bill to amend an act, entitled "An Act to amend, consolidate, and supersede the several Acts of the General Assembly, pertaining to the City of Sylvester", and to repeal Section 5-19; and for other purposes. HB 145. By Mr. Wells of Oconee: A bill to abolish the present method of compensating the sheriff of Oconee County, known as the fee system, and to provide in lieu thereof an annual salary; and for other purposes. HB 146. By Mr. Simmons of Banks: A bill to amend an act entitled "An Act to create a board of commis sioners of roads and revenues for Banks County", so as to change the compensation of the two commissioners who are not serving as chair man; and for other purposes. HB 147. By Mr. Smith of Grady: A bill to amend an act incorporating the City of Cairo, so as to provide that the mayor and council of said city shall have full and complete authority and control over off-street vehicular parking areas; and for other purposes. The House has adopted the following resolution of the House to-wit: 138 JOURNAL OF THE SENATE, HR 129. By Mr. Savage of Macon: A resolution expressing regrets at the passing of the Rt. Hon. Sir Winston Spencer Churchill, K.G., O.M., C.H.; and for other purposes. The following resolution was read and adopted: HR 129. By Mr. Savage of Macon: A resolution expressing regret at the passing of the Right Honorable Sir Winston Spencer Churchill, K. G., O. M., C. H.; and for other purposes. The following bills and resolutions were introduced, read the first time, and referred to committees: SB 55. By Senator Johnson of the 42nd: A bill to amend Code Chapter 13-20, relating to the regulation of the business of banking, so as to authorize State banks and trust companies to issue capital notes and debentures; to exempt the aggregate amount of capital notes and debentures issued and sold by a bank or trust company from certain limitations; and for other purposes. Referred to Committee on Banking and Finance. SB 56. By Senator Johnson of the 42nd: A bill amending certain Code Sections in Code Chapter 13-3, relating to the Department of Banking, and amending an Act fixing certain sal aries, so as to place the Superintendent of Banks and all other per sonnel in the Department of Banking under the State Merit System; and for other purposes. Referred to Committee on Banking and Finance. SR 36. By Senator Kendrick of the 32nd: A resolution proposing an amendment to the Constitution, so as to pro vide for the procedure for the incorporation of territory within the limits of a municipality when the territory proposed to be annexed is located outside the limits of the county in which the major portion of the municipality is located; to provide for the submission of this amend ment for ratification or rejection; and for other purposes. Referred to Committee on Rules. WEDNESDAY, FEBRUARY 10, 1965 139 SR 37. By Senators Broun of the 46th, Gayner of the 5th, and others: A resolution proposing an amendment to the Constitution so as to pro vide for four year terms for State Senators; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes. Referred to Committee on Rules. HB 101. By Mr. Wrig-ht of Wilkes: A bill to amend an act abolishing the offices of tax collector and tax receiver of Wilkes County and creating in lieu thereof the office of tax commissioner, so as to change the provisions authorizing the tax commissioner to compensate a clerical assistant; and for other purposes. Referred to Committee on County and Municipal Governments. HB 108. By Mr. Brown of Bacon: A bill to amend an act creating a new charter for the City of Alma, so as to change the date of the election for mayor and council; and for other purposes. Referred to Committee on County and Municipal Governments. HB 109. By Mr. Hudgins of Chattahoochee: A bill to abolish the present method of compensating the sheriff of Chattahoochee County, known as the fee system; and for other purpose?. Referred to Committee on County and Municipal Governments. HB 110. By Mr. McCracken of Jefferson: A bill to amend an act establishing a new charter for the City of Louis ville, so as to provide for arbitration of assessments made by the Board of Tax Assessors of the City of Louisville on demand of dissatisfied taxpayers; and for other purposes. Referred to Committee on County and Municipal Governments. HB 111. By Messrs. Williams and Overby of Hall: A bill to amend Code section 32-907, relating to the officers of county boards of education, so as to provide that in certain counties the chair man of the board shall be elected for such term as shall be determined by the board; and for other purposes. Referred to Committee on County and Municipal Governments. 140 JOURNAL OF THE SENATE, HB 114. By Mr. Coker of Turner: A bill to amend an act creating a new charter for the City of Ashburn, so as to allow the governing body of the City of Ashburn, the Mayor and Council, to fix and pay the salaries of said mayor and council, within prescribed limits; and for other purposes. Referred to Committee on County and Municipal Governments. HB 117. By Messrs. Caldwell and Page of Upson: A bill to amend an act creating a new charter for the City of Thomas,ton, 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. Referred to Committee on County and Municipal Governments. HB 118. By Mr. Lewis of Burke: A bill to amend an act providing supplemental compensation for the ordinary of Burke County, so as to change the supplemental compensa tion of the ordinary; and for other purposes. Referred to Committee on County and Municipal Governments. HB 119. By Mr. Black of Webster: A bill to place the sheriff of Webster County upon an annual salary; and for other purposes. Referred to Committee on County and Municipal Governments. HB 121. By Mr. Irvin of Habersham: A bill to amend an act relating to the incorporation of the Town of Cornelia, Georgia, so as to change the dividing lines between the wards into which the city is subdivided; and for other purposes. Referred to Committee on County and Municipal Governments. HB 122. By Mr. Johnson of Elbert: A bill to amend an act placing the clerk of the Superior Court and the ordinary of Elbert County upon an annual salary, so as to change the compensation of the clerk of the Superior Court and the ordinary; and for other purposes. Referred to Committee on County and Municipal Governments. WEDNESDAY, FEBRUARY 10, 1965 141 HB 126. By Messrs. Milhollin and Williams of Coffee: A bill to amend an act creating a new charter for the City of Douglas, so as to authorize the governing authority of said city to close portions of certain streets; and for other purposes. Referred to Committee on County and Municipal Governments. HB 127. By Mr. Bynum of Rabun: A bill to amend an act providing a secretarial assistant for the clerk of the Superior Court of Rabun County, so as to change the amount of compensation to be paid to the secretary to the clerk of the Superior Court, this compensation to be fixed by the governing authority of Rabun County; and for other purposes. Referred to Committee on County and Municipal Governments. HB 135. By Mr. Smith of Telfair: A bill to amend the city charter of the City of Milan so as to provide an election code therefor; and for other purposes. Referred to Committee on County and Municipal Governments. HB 137. By Mr. Bowen of Dooly: A bill to amend an act found in Ga. Laws 1920, at pages 1705 to 1752, creating a charter for the City of Unadilla, so as to authorize the gov erning authority of the City of Unadilla to convey certain described property to E. Guy Conner; and for other purposes. Referred to Committee on County and Municipal Governments. HB 138. By Mr. Crowe of Worth: A bill to amend an act approved June 30, 1964, entitled "An act to amend, consolidate and supersede the several acts of the General As sembly of the State of Georgia, pertaining to the City of Sylvester", so as to repeal section 5-19, relating to the Council of the City of Syl vester; and for other purposes. Referred to Committee on County and Municipal Governments. HB 145. By Mr. Wells of Oconee: A bill to abolish present method of compensating the sheriff of Oconee County, known as the fee system, and to provide in lieu thereof an annual salary; and for other purposes. Referred to Committee on County and Municipal Governments. 142 JOURNAL OF THE SENATE, HB 146. By Mr. Simmons of Banks: A bill to amend an act entitled "An act to create a Board of Commis sioners of Roads and Revenues for Banks County", so as to change the compensation of the two commissioners who are not serving as chair man; and for other purposes. Referred to Committee on County and Municipal Governments. HB 147. By Mr. Smith of Grady: A bill to amend an act incorporating the City of Cairo, so as to provide that the mayor and council of said city shall have full and complete authority and control over off-street vehicular parking areas; and for other purposes. Referred to Committee on County and Municipal Governments. HR 103. By Mr. Milhollin of Coffee: A resolution to designate the "Seventeen Mile River"; and for other purposes. Referred to Committee on Highways. The following bills and resolutions were read the second time: SB 50. By Senators Downing of the 1st and Padgett of the 23rd: A bill to provide that any contract made and entered into by any department or agency of State government for the construction or repair of buildings or other facilities shall contain certain representa tions and specifications relating to the payment of prevailing minimum wages to all persons employed by the contractors; and for other pur poses. SB 51. By Senator Padgett of the 23rd: A bill to prohibit certain activities by county, municipal or other political subdivision officials with respect to conflicts of interest be tween their public duties and their personal business or professional interests in all counties of this State having a population of not less than 135,000 and not more than 140,000, according to the official United States decennial census of 1960 or any future such census; and for other purposes. SB 52. By Senators Hall of the 52nd and Lee of the 47th: A bill to authorize the State Personnel Board to provide a Health Insurance Plan for county employees of the State Department of Family WEDNESDAY, FEBRUARY 10, 1965 143 and Children Services; to provide an effective date; and for other pur poses. SB 53. By Senator Maclntyre of the 40th: A bill to amend Code Section 114-102 which defines "injury" and "per sonal injury"; and for other purposes. SB 54. By Senator Sanders of the 41st: A bill to require all motor vehicle dealers to have all motor vehicles sold by them inspected in accordance with the provisions of the motor vehicle inspection laws prior to their sale to the general public; to pro vide for a penalty; and for other purposes. HR 15. By Mr. Fulford of Terrell: A resolution authorizing the conveyance of certain real estate located in Terrell County; and for other purposes. HR 28. By Mr. Hale of Dade: A resolution authorizing the conveyance of permanent easements over certain State owned properties; 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 4. Do Pass. Respectfully submitted, Rowan of 8th District, Secretary. Mr. Plunkett of the 30th District, Chairman of the Committee on Industry and Labor, submitted the following report: Mr. President: Your Committee on Industry and Labor has had under consideration the fol lowing bill of the House and has instructed me as Chairman, to report the same hack to the Senate with the following recommendations: 144 JOURNAL OF THE SENATE, HB 16. Do Pass. Respectfully submitted, Plunkett of 30th District, Chairman. Honorable Howard (Bo) Callaway, Congressman from the Third District from Georgia, was presented to the Senate by Senator Joe Tribble of the 3rd District. Congressman Callaway briefly addressed the Senate. The Senate suspended the regular order of business to hear an Annual Report on Scouting. Senator Plunkett of the 30th introduced the scout executives from Region 6 and from the State of Georgia, and Eagle Scout Charles Alien Thomas of Temple, Georgia, who gave the Annual State of Scouting Report of the State of Georgia to His Excllency, Governor Carl E. Sanders. Governor Sanders accepted the report with appropriate remarks. Included in the Governor's escort were Senators Gayner of the 5th, Gillis of the 20th, Broun of the 46th, McKenzie of the 17th and Edenfield of the 4th. The following general bill and resolution, favorably reported by the com mittees, were read the third time, and put upon their passage: SR 14. By Senators Pennington of the 45th, Spinks of the 9th, Webb of the llth and many others: A resolution requesting Congress to call a Convention for the purpose of proposing an amendment to the Constitution of the United States; and for other purposes. The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment: Amend Senate Resolution 14 by inserting in line 5 after the word population "except that there shall be no discrimination on the basis WEDNESDAY, FEBRUARY 10, 1965 145 of race, color, creed or national origin and," so that Section 1, as amended, would read as follows: "Section 1. Nothing in this Constitution shall prohibit any state which shall have a bicameral legislature from apportioning the membership of one house of such legislature on factors other than population, except that there shall be no discrimination on the basis of race, color, creed, or national origin and, provided that the plan of such apportionment shall have been submitted to and ap proved by a vote of the electorate of that state." Senator Johnson of the 38th asked unanimous consent that the committee amendment be withdrawn from further consideration. The consent was granted. Senator Johnson of the 38th offered the following amendment: Amend SR 14 by inserting in line 5 after the word population "ex cept that race, color, creed or national origin shall not be a factor," so that section 1, as amended, would read as follows: "Section 1. Nothing in this Constitution shall prohibit any state which shall have a bicameral legislature from apportioning the membership of one house of such legislature on factors other than population, except that race, color, creed, or national origin shall not be a factor, and, provided that the plan of such apportion ment shall have been submitted to and approved by a vote of the electorate of that state." On the adoption of the amendment, the ayes were 44, nays 0, and the amendment was adopted. Senator Webb of the llth offered the following amendment: Amend SR 14 by inserting in the sixth line of the resolution be tween the words "the" and "purpose" the word "sole", by striking in its entirety "Section 2", and by renumbering "Section 3" as "Section 2" of the article. On the adoption of the amendment, the ayes were 42, 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 as amended. 146 JOURNAL OF THE SENATE, On the adoption of the resolution, Senator Wesberry of the 37th called for the ayes and nays, and the call was sustained. A roll call was ordered, and the vote was as follows : Those voting in the affirmative were Senators: Adams Ballew Bateman Carter Dean Edenfield Eldridge Pincher of 51st Fincher of 54th Foster Gayner Gillis Gordy Hall Hill Holley Holloway Kendrick Kidd Kilpatrick Lee Loggins Miller Minish Moore McGill McKenzie Padgett Pennington Plunkett Rowan Sanders Smalley Smith Spinks Thompson Tribble Webb Yancey Young Those voting in the negative were Senators: Downing Johnson of 42nd Maclntyre Salome Searcey Ward Wesberry The roll call was verified. On the adoption of the resolution, the ayes were 40, nays 7. The resolution, having received the requisite constitutional majority, was adopted as amended. Senator Wesberry of the 37th asked unanimous consent that the following protest concerning action of the Senate in passing SR 14 be incorporated in the journal: 1. Ratification of the proposed constitutional amendment would still be done by the presently constituted malapportioned legislatures and not by conventions in each of the states. 2. The courts are deprived of all power to review any apportion ment adopted. WEDNESDAY, FEBRUARY 10, 1965 147 3. The legislatures would retain absolute power as to what type of system would be proposed for the second house and most legislatures are presently malapportioned. 4. If any such proposal is rejected by the voters, no provision is made for automatic apportionment on the basis of population for both houses. 5. No provision is made for periodic public review of the formula for the second chamber. 6. There is no guarantee that a national constitutional convention can or will limit its actions to the subject matter of the proposed amend ment, and such a convention could conceivably rewrite the entire United States Constitution. The consent was granted. SB 4. By Senators Broun of the 46th, Webb of the llth and Coggin of the 35th: A bill to provide home rule for municipalities; to provide for a short title; to provide methods for the creation, dissolution, merger and boundary changes of municipalities; to provide the procedure connected therewith; and for other purposes. Senator Tribble of the 3rd offered the following amendment: Amend SB 4 by striking from section 3(b)2. the following: "The governing authority shall determine the validity of such petition.", and inserting in lieu thereof the following: "The governing authority shall determine the validity of such petition within 60 days of its filing with the governing authority." By adding a new paragraph at the end of Section 3 to read as follows: "In the event that the governing authority determines that such petition is not valid, it shall publish in explicit detail the reasons why such petition is not valid; provided, however, that in any pro ceeding in which the validity of the petition is at issue, the tribunal considering such issue shall not be limited by the reasons assigned. Such publication shall be in the official organ of the county of the legal situs of the municipality or in a newspaper of general 148 JOURNAL OF THE SENATE, circulation in the municipality, in the week immediately following the date on which such petition is declared to be not valid." On the adoption of the amendment, the ayes were 42, nays 0, and the amend ment was adopted. Senator Gayner of the 5th offered the following amendment: Amend SB 4 by striking from Section 3 (b) 2. in the first sentence thereof the word "ten" and substituting in lieu thereof the word "twenty". On the adoption of the amendment, the ayes were 29, nays 7, and the amend ment was adopted. Senator Webb of the llth offered the following amendment: Amend SB 4 by striking from the title the following: "to authorize the governing authority of municipalities to enact planning and zoning ordinances and establish planning and zoning By inserting between the words "authority" and "for" as they ap pear in Subparagraph 1 of Subsection (b) of Section 3 the follow ing: "and the office of the clerk of the superior court of the county of the legal situs of the municipality", and by striking the phrase "if inconsistent with any provision of the Constitution or", as it appears in the last sentence of said Subparagraph, so that when so amended Subparagraph 1 of Subsection (b) of Section 3 shall read as follows: "1. Municipal charters may be amended by ordinances duly adopted at two regular consecutive meetings of the municipal gov erning authority not less than seven nor more than sixty days apart. A notice containing a synopsis of the proposed amendment shall be published in the official organ of the county of the legal situs of the municipality or in a newspaper of general circulation in the municipality once a week for three weeks within a period of sixty days immediately preceding its final adoption. Such notice shall state that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the municipal govern ing authority and the office of the clerk of the superior court of the county of the legal situs of the municipality for the purpose of examination and inspection by the public. No amendment hereunder shall be valid to change or repeal an amendment adopted pursuant to a referendum as provided in Subparagraph 2 of this Paragraph or to change or repeal a local act of the General Assembly ratified in a referendum as provided in Subparagraph 2 of this Paragraph WEDNESDAY, FEBRUARY 10, 1965 149 or to change or repeal a local act of the General Assembly ratified in a referendum by the electors of such municipality unless at least twelve months have elapsed after such referendums. No amendment hereunder shall be valid if provision has been made therefor by general law." By inserting between the words "authority" and "for" as they ap pear in the seventh sentence of Subparagraph 2 of Subsection (b) of Section 3 the following: "and in the office of the clerk of the superior court of the county of the legal situs of said municipality", and by strik ing from the last sentence of said Subparagraph the following phrase: "if inconsistent with any provision of the Constitution or". By inserting in Subparagraph 1 of Subsection (a) of Section 4 between the words "compensation" and "of" the following: "tenure of office and limitations thereon for the members", so that when so amended said Subparagraph 1 of Subsection (a) of Section 4 shall read as follows: "1. Action affecting the composition, form, procedure for elec tion or appointment, compensation, and expenses and allowances in the nature of compensation, tenure of office and limitations thereon for the members of the municipal governing authority." By striking from Section 5 the words "officers and" as they appear between the words "municipal" and "employees", and again as they appear after the word "its" and before the word "employee". By deleting in its entirety Section 6, and renumbering Sections 7 and 8 as 6 and 7, respectively. By inserting at the end of the next to the last sentence of renum bered Section 6 the following: "and the office of the clerk of the supe rior court of the county of the legal situs of the municipality", so that when so amended renumbered Section 6 shall read as follows: "Section 6. Filing and Publication of Laws. No amendment or revision of any charter made pursuant to this Act shall become effective until a copy of such amendment or revision, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which such notice was published to the effect that said notice has been published as provided in this Act, has been filed with the Secretary of State and the office of the clerk of the superior court of the county of the legal situs of the municipality. The Secretary of State shall provide for the publica tion and distribution of all such amendments and revisions at least annually." By striking subsection (c) of Section 4 and inserting in lieu thereof the following: "(c) Nothing in this section shall affect the provisions of Sec tion 5 of this act." 150 JOURNAL OF THE SENATE, On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was adopted. Senator Maclntyre of the 40th offered the following amendment: Amend SB 4 by adding at end of third sentence of sub-paragraph 1, subsection B of section 3 the following sentence: "The record officer of the municipal governing authority shall furnish anyone upon written request, a copy of the proposed amend ment." 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 44, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. Senator Gordy of the 15th, 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 resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House of Representatives: SR 28. Respectfully submitted, Gordy of the 15th District, Chairman. Senator Webb of the llth moved that the Senate do now adjourn until 11:00 o'clock tomorrow morning, and the motion prevailed. The president announced the Senate adjourned until 11:00 o'clock tomorrow morning. THURSDAY, FEBRUARY 11, 1965 151 Senate Chamber, Atlanta, Georgia, Thursday, February 11, 1965. The Senate met pursuant to adjournment at 11:00 o'clock this morning and was called to order by the president. Scripture reading and prayer was offered by the chaplain, Reverend Milton Dwelle, pastor, First Baptist Church, Douglasville, Georgia. The roll was called, and the following senators answered to their names: Adams Ballew Bateman Broun Carter Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble Owens Padgett Pennington Plunkett Rowan Salome Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young Senator Hill of the 29th reported that the journal of yesterday's proceedings had been examined and found correct. By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed. Senator Webb of the llth 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. 152 JOURNAL OF THE SENATE, 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions. The consent was granted. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House to-wit: HB 25. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty and Brooks of Pulton: A bill to make and provide appropriations for the fiscal year beginning July 1, 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967; and for other purposes. The House has adopted the following resolution of the House to-wit: HR 135. By Messrs. Simkins of Richmond, Jones of Bibb, Nessmith of Bulloch, Brantley of Candler and many others: A resolution expressing support of a resolution proposing an amend ment to the Constitution of the United States introduced in the Senate of the United States; and for other purposes. The House has adopted the following resolution of the Senate to-wit: SR 28. By Senator Broun of the 46th: A resolution commending the Alumni Society of the University of Geor gia in connection with its forthcoming Alumni Seminar, scheduled for February 11-13, 1965; and for other purposes. The following message was received from the House through Mr. Ellard, the Clerk thereof: THURSDAY, FEBRUARY 11, 1965 153 Mr. President: The House has passed by the requisite constitutional majority the following bill of the House to-wit: HB 178. By Mr. Rhodes of Baker: A bill to abolish the present mode of compensating the sheriff of Baker County, known as the fee system, to provide in lieu thereof an annual salary; and for other purposes. The following bills and resolutions were introduced, read the first time, and referred to committees: SB 57. By Senator Yancey of the 33rd: A bill to amend Code Section 56-407A, relating to the requirements that certain insurance policies contain provisions protecting the insured from damages caused by uninsured motorists, so as to provide for the venue of actions brought against unknown uninsured motorists; and for other purposes. Referred to Committee on Judiciary. SB 58. By Senators Downing of the 1st and Tribble of the 3rd: A bill to amend an Act creating and relating to The Board of Public Education for the City of Savannah and the County of Chatham; and for other purposes. Referred to Committee on County and Municipal Governments. SB 59. By Senators Wesberry of the 37th and Johnson of the 38th: A bill to provide that certain counties, municipalities and authorities operating a public water supply system, which has been issued a cer tificate by the Board of Health of the Department of Public Health of the State of Georgia, shall, on or before July 31, 1965, and thereafter, fluoridate the water supply furnished by said system; and for other purposes. Referred to Committee on County and Municipal Governments. SB 60. By Senators Thompson of the 34th, Salome of the 36th and others: A bill to amend an Act establishing a new charter for the City of Atlanta; and for other purposes. Referred to Committee on County and Municipal Governments. 154 JOURNAL OF THE SENATE, SB 61. By Senator Johnson of the 38th: A bill to amend Code Section 92-6307, requiring that names of colored and white taxpayers be made out separately on the tax digest; to amend Code Section 92-6308 requiring the several tax receivers of tax returns and tax collectors of the State to make a report to the Comp troller General of the character and amount of all taxes returned or paid by colored taxpayers, so as to repeal said Code Sections; and for other purposes. Referred to Committee on Judiciary. SB 62. By Senator Smalley of the 28th: A bill to authorize the governing authority of any county or munici pality in this state to order the destruction of records with the con currence of the Secretary of State and the Director of the Department of Archives and History; to provide the procedure connected therewith; and for other purposes. Referred to Committee on Judiciary. SB 63. By Senator Jackson of the 16th: A bill providing that no member of a train crew, yard crew or engine crew of a railroad shall be held personally responsible or found guilty of violating certain State laws or municipal ordinances regulating or intended to regulate the occupying or blocking of any street, road or highway crossing-at-grade; and for other purposes. Referred to Committee on Public Utilities and Transportation. SB 64. By Senators Maclntyre of the 40th, Salome of the 36th 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. Referred to Committee on County and Municipal Governments. SB 65. By Senator Holley of the 22nd: A bill to amend Code Section 84-207, relating to certification of account ants, so as to change the qualifications required applicants for certifi cation as certified public accountants; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to Committee on Banking and Finance. SB 66. By Senator Holley of the 22nd: A bill to amend Code Section 30-101, relating to the granting of total divorces by the Superior Court, so as to provide for a time limit in THURSDAY, FEBRUARY 11, 1965 155 regard to a party's right to demand a jury trial; to repeal conflicting laws; and for other purposes. Referred to Committee on Judiciary. SB 67. By Senator Holley of the 22nd: 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, so as to provide that the judgment may also be revised upon a change in the wife's income and financial status; and for other purposes. Referred to Committee on Judiciary. SB 68. By Senator Holley of the 22nd: A bill to amend Code Section 34-1407, relating to the keeping and depositing of official absentee ballots, so as to provide that official absentee ballots shall be delivered to the manager of the election dis trict wherein the elector would have voted had he not voted by official absentee ballot; to repeal conflicting laws; and for other purposes. Referred to Committee on Rules. SB 69. By Senator Carter of the 14th: A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that the State Board of Education shall set up a contingency fund for the purpose of relieving hardships which may be caused by operation of provisions of this Act to take care of any unusual or unforseen circumstances; and for other purposes. Referred to Committee on Educational Matters. SB 70. By Senator Downing of the 1st: A bill to prescribe and establish compensation for the Chief Judge and for the Associate Judge of the Municipal Court of Savannah; and for other purposes. Referred to Committee on County and Municipal Governments, SB 71. By Senator Bateman 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; and for other purposes. Referred to Committee on Judiciary. 156 JOURNAL OF THE SENATE, SB 77. By Senator Young of the 13th: A bill to amend an Act entitled "An Act to provide as compensation for the treasurer of Lee County a salary of seven hundred dollars ($700) per year, instead of the commissions heretofore allowed by law", so as to change the compensation of the treasurer; and for other purposes. Referred to Committee on County and Municipal Governments. SB 78. By Senator Young of the 13th: A bill to abolish the present mode of compensating the ordinary of Lee County, Georgia, known as the fee system supplemented by a salary; to provide that the ordinary shall be compensated on a salary basis only in lieu thereof; and for other purposes. Referred to Committee on County and Municipal Governments. SR 38. By Senator Smalley of the 28th: A resolution proposing an amendment to the Constitution so as to change the provisions relating to the powers of county governments; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to Committee on Rules. SR 39. By Senator Smalley of the 28th: A resolution proposing an amendment to the Constitution so as to re move the exemption from ad valorem taxation of homesteads, except the homestead exemptions relative to certain veterans and certain per sons sixty-five (65) years of age or over; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to Committee on Rules. SR 40. By Senator Smalley of the 28th: A resolution proposing an amendment to the Constitution so as to exempt personal clothing and effects, household furniture, furnishings, equipment and other personal property used within the home, tools and implements of trade of manual laborers, and domestic animals, from all ad valorem taxation for State, county, municipal and school pur poses; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to Committee on Rules. THURSDAY, FEBRUARY 11, 1965 157 SR 41. By Senators Broun of the 46th and Webb of the llth: A resolution proposing an amendment to the Constitution so as to change the provisions relating to county officers; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to Committee on Rules. SR 42. By Senators Broun of the 46th and Webb of the llth: A resolution proposing an amendment to the Constitution so as to change the provisions relating to the powers of county governments; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes. Referred to Committee on Rules. SR 43. By Senators Broun of the 46th and Webb of the llth: A resolution proposing an amendment to the Constitution so as to redefine the power of the General Assembly relative to creating county commissioners; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to Committee on Rules. HB 25. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A bill to make and provide appropriations for the fiscal year beginning July 1, 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967; and for other purposes. Referred to Committee on Appropriations. HB 178. By Mr. Rhodes of Baker: A bill to abolish the present mode of compensating the sheriff of Baker County, known as the fee system, to provide in lieu thereof an annual salary; and for other purposes. Referred to Committee on Rules. The following bills and resolutions were read the second time: SB 55. By Senator Johnson of the 42nd: A bill to amend Code Chapter 13-20, relating to the regulation of the business of banking, so as to authorize State banks and trust companies 158 JOURNAL OF THE SENATE, to issue capital notes and debentures; to exempt the aggregate amount of capital notes and debentures issued and sold by a bank or trust company from certain limitations; and for other purposes. SB 56. By Senator Johnson of the 42nd: A bill amending certain Code Sections in Code Chapter 13-3, relating to the Department of Banking, and amending an Act fixing certain salaries, so as to place the Superintendent of Banks and all other personnel in the Department of Banking under the State Merit System; and for other purposes. SR 36. By Senator Kendrick of the 32nd: A resolution proposing an amendment to the Constitution, so as to provide for the procedure for the incorporation of territory within the limits of a municipality when the territory proposed to be annexed is located outside the limits of the county in which the major portion of the municipality is located; to provide for the submission of this amendment for ratification or rejection; and for other purposes. SR 37. By Senators Broun of the 46th, Gayner of the 5th, and others: A resolution proposing an amendment to the Constitution so as to pro vide for four year terms for State Senators; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes. HB 101. By Mr. Wright of Wilkes: A bill to amend an act abolishing the offices of tax collector and tax receiver of Wilkes County and creating in lieu thereof the office of tax commissioner, so as to change the provisions authorizing the tax commis sioner to compensate a clerical assistant; and for other purposes. HB 108. By Mr. Brown of Bacon: A bill to amend an act creating a new charter for the City of Alma, so as to change the date of the election for mayor and council; and for other purposes. HB 109. By Mr. Hudgins of Chattahoochee: A bill to abolish the present method of compensating the sheriff of Chattahoochee County, known as the fee system; and for other purposes. THURSDAY, FEBRUARY 11, 1965 159 HB 110. By Mr. McCracken of Jefferson: A bill to amend an act establishing a new charter for the City of Louis ville, so as to provide for arbitration of assessments made by the Board of Tax Assessors of the City of Louisville on demand of dissatisfied taxpayers; and for other purposes. HB 111. By Messrs. Williams and Overby of Hall: A bill to amend Code section 32-907, relating to the officers of county boards of education, so as to provide that in certain counties the chair man of the board shall be elected for such term as shall be determined by the board; and for other purposes. HB 114. By Mr. Coker of Turner: A bill to amend an act creating a new charter for the City of Ashburn, so as to allow the governing body of the City of Ashburn, the Mayor and Council, to fix and pay the salaries of said mayor and council, within prescribed limits; and for other purposes. HB 117. By Messrs. Caldwell and Page 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 118. By Mr. Lewis of Burke: A bill to amend an act providing supplemental compensation for the ordinary of Burke County, so as to change the supplemental compensa tion of the ordinary; and for other purposes. HB 119. By Mr. Black of Webster: A bill to place the sheriff of Webster County upon an annual salary; and for other purposes. HB 121. By Mr. Irvin of Habersham: A bill to amend an act relating to the incorporation of the Town of Cornelia, Georgia, so as to change the dividing lines between the wards into which the city is subdivided; and for other purposes. HB 122. By Mr. Johnson of Elbert: A bill to amend an act placing the clerk of the Superior Court and the ordinary of Elbert County upon an annual salary, so as to change 160 JOURNAL OF THE SENATE, the compensation of the clerk of the Superior Court and the ordinary; and for other purposes. HB 126. By Messrs. Milhollin and Williams of Coffee: A bill to amend an act creating a new charter for the City of Douglas, so as to authorize the governing authority of said city to close portions of certain streets; and for other purposes. HB 127. By Mr. Bynum of Rabun: A bill to amend an act providing a secretarial assistant for the clerk of the Superior Court of Rabun County, so as to change the amount of compensation to be paid to the secretary to the clerk of the Superior, Court, this compensation to be fixed by the governing authority of Rabun County; and for other purposes. HB 135. By Mr. Smith of Telfair: A bill to amend the city charter of the City of Milan so as to provide an election code therefor; and for other purposes. HB 137. By Mr. Bowen of Dooly: A bill to amend an act found in Ga. Laws 1920, at pages 1705 to 1752, creating a charter for the City of Unadilla, so as to authorize the governing authority of the City of Unadilla to convey certain described property to E. Guy Conner; and for other purposes. HB 138. By Mr. Crowe of Worth: A bill to amend an act approved June 30, 1964, entitled "An act to amend, consolidate and supersede the several acts of the General As sembly of the State of Georgia, pertaining to the City of Sylvester", so as to repeal section 5-19, relating to the Council of the City of Sylvester; and for other purposes. HB 145. By Mr. Wells of Oconee: A bill to abolish present method of compensating the sheriff of Oconee County, known as the fee system, and to provide in lieu thereof an annual salary; and for other purposes. HB 146. By Mr. Simmons of Banks: A bill to amend an act entitled "An act to create a Board of Commis sioners of Roads and Revenues for Banks County", so as to change THURSDAY, FEBRUARY 11, 1965 161 the compensation of the two commissioners who are not serving as chairman; and for other purposes. HB 147. By Mr. Smith of Grady: A bill to amend an act incorporating the City of Cairo, so as to pro vide that the mayor and council of said city shall have full and com plete authority and control over off-street vehicular parking areas; and for other purposes. HR 103. By Mr. Milhollin of Coffee: A resolution to designate the "Seventeen Mile River"; and for other purposes. Mr. Downing of the 1st District, Chairman of the Committee on County and Municipal Governments, submitted the following report: Mr. President: Your Committee on County and Municipal Governments has had under con sideration the following bills of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recom mendations : SB 27. Do Pass. SB 29. Do Pass. SB 30. Do Pass. SB 31. Do Pass. SB 32. Do Pass. HB 68. Do Pass. HB 69. Do Pass. HB 72. Do Pass. HB 74. Do Pass. HB 97. Do Pass. HB 82. Do Pass. Respectfully submitted, Downing of the 1st District, Chairman. Mr. Kendrick of the 32nd Distict, Chairman of the Committee on Educa tional Matters, submitted the following report: 162 JOURNAL OF THE SENATE, Mr. President: Your Committee on Educational Matters has had under consideration the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations: HB 86. Do Pass. Respectfully submitted, Kendrick of 32nd District, Chairman. Mr. Searcey of the 2nd District, Secretary of the Committee on Banking and Finance, submitted the following report: Mr. President: Your Committee on Banking and Finance has had under consideration the following bill of the Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendation: SB 56. Do Pass. Respectfully submitted, Searcey of 2nd District, Secretary. Mr. Fincher of the 51st District, Chairman of the Committee on Health and Welfare, submitted the following report: Mr. President: Your Committee on Health and Welfare has had under consideration the following bills of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations: SB 6. Do Pass as Amended. SB 34. Do Pass. SB 35. Do Pass. Respectfully submitted, Fincher of 51st District, Chairman. THURSDAY, FEBRUARY 11, 1965 163 Mr. Eldridge of the 7th District, Acting Chairman of the Committee on Business, Trade and Commerce, submitted the following report: Mr. President: Your Committee on Business, Trade and Commerce, has had under con sideration the following resolution of the Senate and has instructed me as Acting Chairman, to report the same back to the Senate with the following recom mendation : SR 33. Do Pass. Respectfully submitted, Eldridge of 7th District, Acting Chairman. Senator Gordy of the 15th, 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 bill and/or resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for trans mission to the House of Representatives: SB 4. SR 14. Respectfully submitted, Gordy of the 15th District, Chairman. The following local, uncontested bill, favorably reported by the committee, was read the third time, and put upon its passage: HB 82. By Messrs. Knight and Lovett of Laurens: A bill to implement that amendment to Article VIII, Section V, Para graph I of the Constitution set forth in Ga. Laws (1964) pp. 903-906 by creating a Dublin-Laurens School System through the merger of the independent school system of the City of Dublin and the county sys tem of Laurens County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 164 JOURNAL OF THE SENATE, On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Gillis of the 20th asked unanimous consent that HB 82 be immedi ately transmitted to the House. The consent was granted. The following general bills and resolution, favorably reported by the com mittees, were read the third time, and put upon their passage. HB 16. By Messrs. Richardson and Sewell of Chatham: A bill to provide that it shall be unlawful to willfully remove or oblit erate the manufacturers' serial or code numbers appearing on any case, carton, package or container of any tobacco produce; and for other purposes. The report 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 33. By Senator Jackson of the 16th: A resolution authorizing the State of Georgia to convey an easement held by the State over certain properties located in the City of Colum bus, County of Muscogee; and for other purposes. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, the ayes were 33, nays 0. The resolution, having received the requisite constitutional majority, was adopted. THURSDAY, FEBRUARY 11, 1965 165 HB 86. By Messrs. Melton and Bolton of Spalding, Clarke of Monroe, Pafford of Lanier, DeLoach of Echols, Lee of Clinch, Hudgins of Chattahoochee, Bowen of Dooly and many others: A bill to amend an act known as the "Minimum Foundation Program of Education Act", so as to change the provisions for establishing the basis for a minimum schedule of salaries; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Webb of the llth moved that the Senate do now adjourn, and the motion prevailed. The president announced the Senate adjourned until 10:00 o'clock tomorrow morning. 166 JOURNAL OF THE SENATE, Senate Chamber, Atlanta, Georgia, Friday, February 12, 1965. 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 the chaplain, Reverend Everette Jones, pastor, New River Baptist Church, Tifton, Georgia. Prayer was offered by the Reverend Clarence Knight, Jr., pastor, First Methodist Church, Donalsonville, Georgia. By unanimous consent, the call of the roll was dispensed with. Senator Gordy of the 15th reported that the journal of yesterday's proceed ings had been examined and found correct. By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed. Senator Webb of the llth 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: FRIDAY, FEBRUARY 12, 1965 167 Mr. President: The House has passed by the requisite constitutional majority the following bill of the House to-wit: HB 141. By Mrs. Merritt of Sumter, Messrs. Blair of Sumter, DeVane of Schley, Black of Webster, Singer of Stewart and Savage of Macon: A bill to amend an act placing the Solicitor General of the Southwestern Judicial Circuit on a salary basis in lieu of a fee basis, so as to change the compensation of the Solicitor General of the Southwestern Judicial Circuit; and for other purposes. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate to-wit: HB 156. By Mr. Poss of Madison: A bill to amend an act amending, consolidating, and superseding the several Acts incorporating the City of Colbert, by creating a new charter; and for other purposes. HB 160. By Mr. Brown of Hart: A bill to abolish the present mode of compensating the sheriff of Hart County, known as the fee system, to provide in lieu thereof an annual salary; and for other purposes. HB 161. By Mr. Brown of Hart: A bill to amend an act creating the office of Commissioner of Roads and Bridges for Hart County and a Board of Finance for Hart County, so as to provide that custody of all county property shall be vested in said Board; and for other purposes. HB 162. By Mr. Brown of Hart: A bill to abolish the present mode of compensating the Coroner of Hart County, known as the fee system; and for other purposes. 168 JOURNAL OF THE SENATE, HE 164. By Mr. Grahl of Peach: A bill to abolish the office of treasurer of Peach County, to provide for the transfer of the duties of said office to the governing authority of Peach County; and for other purposes. HB 175. By Mr. Marshall of Putnam: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Putnam, so as to change the compensation of the Chairman and the members of the Board of Commissioners of Roads and Revenues of Putnam County; and for other purposes. HB 176. By Mr. Marshall of Putnam: A bill to place the Coroner of Putnam County upon a monthly salary in lieu of the fee system, to provide for an effective date; and for other purposes. HB 177. By Mr. Grahl of Peach: A bill to amend an act incorporating the town of Fort Valley so as to provide for numbered city council posts and for numbered posts for the utilities commission; and for other purposes. HB 179. By Messrs. Wiggins and Reid of Carroll: A bill to place the sheriff of Carroll County upon an annual salary in lieu of the fee system of compensation; and for other purposes. HB 181. By Mr. Dickinson of Douglas: A bill to amend an act providing for the abolishing of 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, so as to provide that fees earned prior to the effective date of this Act, and not yet collected, shall belong to the officers who earned them; and for other purposes. HB 182. By Mr. Colwell of Union: A bill to amend an act placing the treasurer of Union County on a salary basis, so as to change the compensation of the treasurer of Union County; and for other purposes. HB 183. By Messrs. Richardson, Shea and Sewell 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 FRIDAY, FEBRUARY 12, 1965 169 now or hereafter provided by law for the Superior Courts of the several counties of the State, except certain enumerated particulars; and for other purposes. HB 184. By Mr. Rainey of Crisp: A bill to amend an act creating a new charter for the City of Cordele, so as to provide that qualified and registered electors of Crisp County, who reside within the corporate limits of the City of Cordele, shall be deemed qualified and registered electors of the City of Cordele under certain conditions; and for other purposes. HB 193. By Mr. Lambert of Morgan: A bill to create and establish the Madison-Morgan County Airport Authority; and for other purposes. HB 194. By Mr. Rogers of Long: A bill to amend an act placing the sheriff of Long County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff; and for other purposes. HB 198. By Mr. Shuman of Bryan: A bill to amend an act relating to the creation of the office of Tax Commissioner of Bryan County, so as to change the compensation of the Tax Commissioner; and for other purposes. HB 199. By Mr. Shuman of Bryan: A bill to amend an act relating to compensating the Ordinary of Bryan County by the payment of a salary to said Ordinary, so as to change the compensation to be paid to the Ordinary of Bryan County; and for other purposes. HB 200. By Mr. Shuman of Bryan: A bill to amend an act relating to the creation and establishment of the City of Pembroke in and for the County of Bryan, so as to change the amount of compensation to be paid to the Solicitor of said City Court; and for other purposes. HB 201. By Mr. Shuman of Bryan: A bill to amend an act relating to the establishment of a City Court of Pembroke in and for the County of Bryan, so as to change the 170 JOURNAL OF THE SENATE, amount of compensation to be paid to the judge of said City Court; and for other purposes. HB 203. By Mr. Balkcom of Quitman: A bill to consolidate the offices of tax receiver and tax collector of Quitman County into the office of the tax commissioner of Quitman County; and for other purposes. SB 5. By Senator Sanders of the 41st: A bill to amend the charter of the City of Lithonia, and the several Acts amendatory thereof by providing for qualifying fees and notice of candidacy for the office of Mayor and Councilmen; and for other purposes. HB 204. By Mr. Mauldin of Franklin: A bill to reincorporate the City of Carnesville in the County of Frank lin; and for other purposes. HB 171. By Mr. Fulford of Terrell: A bill to amend the Charter of the City of Dawson; and for other pur poses. HB 172. By Mr. Fulford of Terrell: A bill to amend the charter of the City of Dawson, by adding thereto a provision authorizing the City Council of Dawson to sell and dispose of any real property owned by the City; and for other purposes. HB 180. By Messrs. Wiggins and Reid of Carroll: A bill to amend an act creating a commissioner of roads and revenues for Carroll County, so as to change the compensation of the commis sioner; and for other purposes. HB 41. By Mr. Smith of Lamar: A bill to amend Code Section 21-105 of the Code of Georgia of 1933 relating to fees paid coroners, so as to change the compensation of coroners in certain counties; and for other purposes. HB 14. By Messrs. Richardson, Shea and Sewell of Chatham: A bill to amend Code Section 27-2505, relating to the date from which the execution of sentences imposed in criminal cases shall be computed, FRIDAY, FEBRUARY 12, 1965 171 so as to provide that in case of an indigent defendant a different computation shall be allowed; to repeal conflicting laws; and for other purposes. HB 22. By Mr. Jones of Muscogee: A bill to provide for award of permanent alimony for the support of a wife or children where the husband has procured a divorce in a foreign country or state through an action in which the wife was not personally served; and for other purposes. HB 62. By Mr. Dean of Polk: 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 disabled veterans who are residents of the State of Georgia; and for other purposes. HR 65. By Mr. Perry of Marion: 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 Marion County by the people; and for other purposes. HR 102. By Mr. Knight of Berrien: A resolution proposing an amendment to the Constitution so as to authorize the governing body of Berrien 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 for other purposes. HR 105. By Mr. Houston of Pierce: A resolution proposing an amendment to the Constitution so as to create the Pierce County Industrial Development and Building Au thority; and for other purposes. HR 117. By Messrs. Richardson and Shea of Chatham: A resolution proposing an amendment to Article V, Section VII, Para graph II of the Constitution of the State of Georgia, relating to the Savannah District Authority, so as to change the name of said authority to "Savannah Port Authority"; and for other purposes. HR 43. By Messrs. Harris of Glynn and Smith of Glynn: A resolution to designate the "Joseph B. Mercer Bridge"; and for other purposes. 172 JOURNAL OF THE SENATE, SB 12. By Senator Plunkett of the 30th: A bill to amend Code Section 34-1321, relating to the count and return of votes in election districts in which ballots are used; and for other purposes. The following bills and resolutions were introduced, read the first time, and referred to committees: SB 72. By Senators Edenfield of the 4th, Kilpatrick of the 44th, and others: A bill to amend an act entitled "An Act to provide for the creation of the office of Solicitor General emeritus", so as to provide that any time served by a solicitor general as a judge of any city or county court may be counted toward computing the number of years of service required of a solicitor general by said Act; and for other purposes. Referred to Committee on Judiciary. SB 73. By Senators McGill of the 24th, Hill of the 29th, and others: A bill to amend an act entitled "Uniform Act Regulating Traffic on Highways", so as to increase the time within which a vehicle may be allowed to meet the requirements prescribed for a certificate of inspec tion; and for other purposes. Referred to Committeee on Highways. SB 74. By Senators Yancey of the 33rd and Spinks of the 9th: A bill to prohibit the advertisement of alcoholic beverages; to repeal conflicting laws; and for other purposes. Referred to Committee on Temperance. SB 75. By Senators Broun of the 46th, Rowan of the 8th, and others: A bill to amend the Georgia Election Code, relating to the compre hensive regulation of federal, state and county elections and of pri maries to nominate candidates for federal, state and county offices, so as to provide that the names of presidential electors be printed on the ballot in a separate column; and for other purposes. Referred to Committee on Rules. SB 76. By Senators Hall of the 52nd, Lee of the 47th, and Noble of the 19th: A bill to amend an act creating the State Board of Pardons and Paroles, so as to provide for the arrest and bail under certain circumstances FRIDAY, FEBRUARY 12, 1965 173 of a conditional releasee who violates the terms of his conditional release; and for other purposes. Referred to Committee on Penal and Correctional Affairs. SB 79. By Senators Thompson of the 34th, Coggin of the 35th and others: A bill to amend an act entitled "College Park City Charter Amend ment", so as to provide an alternate pension plan for employees now employed by the City of College Park who may elect to accept the benefits of such alternate plan and for all employees who may here after enter the service of said City; to provide benefits and rules and regulations for the payment of benefits to retired employees and their dependents; and for other purposes. Referred to Committee on County and Municipal Governments. SB 80. By Senators Coggin of the 35th, Thompson of the 34th, and others: A bill to amend an act 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. SR 44. By Senator Yancey of the 33rd: A resolution proposing an amendment to the Constitution so as to provide that the compensation of all elective officials shall not he changed during their term of office; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to Committee on Rules. HB 14. By Messrs. Richardson, Shea and Sewell of Chatham: A bill to amend Code section 27-2505, relating to the date from which the execution of sentences imposed in criminal cases shall be computed, so as to provide that in the case of an indigent defendant a different computation shall be allowed; and for other purposes. Referred to Committee on Judiciary. HB 22. By Mr. Jones of Muscogee: A bill to provide for award of permanent alimony for the support of a wife or children where the husband has procured a divorce in a foreign country or state through an action in which the wife was not personally served; and for other purposes. Referred to Committee on Judiciary. 174 JOURNAL OF THE SENATE, HB 41. By Mr. Smith of Lamar: A bill to amend Code section 21-105 of the Code of Georgia of 1933 relating to fees paid coroners, so as to change the compensation of coroners in certain counties; and for other purposes. Referred to Committee on Judiciary. HB 62. By Mr. Dean of Polk: 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 disabled veterans who are residents of the State of Georgia; and for other purposes. Referred to Committee on Agriculture and Natural Resources. HB 141. By Mrs. Merritt of Sumter, Messrs. Blair of Sumter, DeVane of Schley and many others: A bill to amend an act placing the solicitor general of the Southwestern Judicial Circuit on a salary basis in lieu of a fee basis, so as to change the compensation of the solicitor general of the Southwestern Judicial Circuit; and for other purposes. Referred to Committee on Judiciary. HB 156. By Mr. Poss of Madison: A bill to amend an act incorporating the City of Colbert, in the County of Madison, by creating a new charter; and for other purposes. Referred to Committee on County and Municipal Governments. HB 160. By Mr. Brown of Hart: A bill to abolish the present mode of compensating the sheriff of Hart 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 161. By Mr. Brown of Hart: A bill to amend an act creating the office of Commissioner of Roads and Bridges for Hart County and a Board of Finance, so as to provide that custody of all county property shall be vested in said board; and for other purposes. Referred to Committee on County and Municipal Governments. FRIDAY, FEBRUARY 12, 1965 175 HB 162. By Mr. Brown of Hart: A bill to abolish the present mode of compensating the coroner of Hart County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 164. By Mr. Grahl of Peach: A bill to abolish the office of treasurer of Peach County; to provide for the transfer of the duties of said office to the governing authority of Peach County; and for other purposes. Referred to Committee on County and Municipal Governments. HB 171. By Mr. Fulford of Terrell: A bill to amend the charter of the City of Dawson relating to the compensation of the mayor and councilmen; and for other purposes. Referred to Committee on County and Municipal Governments. HB 172. By Mr. Fulford of Terrell: A bill to amend the charter of the City of Dawson by adding thereto a provision authorizing the City Council of Dawson to sell and dispose of any real property or interest therein owned by the City of Dawson and fixtures and personal property attached thereto or used in con nection therewith; and for other purposes. Referred to Committee on County and Municipal Governments. HB 175. By Mr. Marshall of Putnam: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Putnam, so as to change the compensa tion of the chairman and the members; and for other purposes. Referred to Committee on County and Municipal Governments. HB 176. By Mr. Marshall of Putnam: A bill to place the coroner of Putnam County upon a monthly salary in lieu of the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 177. By Mr. Grahl of Peach: A bill to amend an act incorporating the Town of Fort Valley as the 176 JOURNAL OF THE SENATE, City of Fort Valley, so as to provide for numbered city council posts for the utilities commission; and for other purposes. Referred to Committee on County and Municipal Governments. HB 179. By Messrs. Wiggins and Reid of Carroll: A bill to place the sheriff of Carroll County upon an annual salary in lieu of the fee system of compensation; and for other purposes. Referred to Committee on County and Municipal Governments. HB 180. By Mr. Wiggins of Carroll: A bill to amend an act creating a commissioner of roads and revenues of Carroll County, so as to change the compensation of the commis sioner; to change the compensation of the county attorney; and for other purposes. Referred to Committee on County and Municipal Governments. HB 181. By Mr. Dickinson of Douglas: A bill to amend an act providing for the abolishing of the present mode of compensating the clerk of the superior court, the sheriff, the ordi nary, and the tax commissioner of Douglas County, known as the fee system, so as to provide that fees earned prior to the effective date of this act, and not yet collected, shall belong to the officers who earned them; and for other purposes. Referred to Committee on County and Municipal Governments. HB 182. By Mr. Colwell of Union: A bill to amend an act placing the treasurer of Union County on a salary basis, so as to change the compensation of the treasurer; and for other purposes. Referred to Committee on County and Municipal Governments. HB 183. By Messrs. Richardson, Shea and Sewell 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 the 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. FRIDAY, FEBRUARY 12, 1965 177 HB 184. By Mr. Rainey of Crisp: A bill to amend an act creating a new charter for the City of Cordele, so as to provide that qualified and registered electors of Crisp County, who reside within the corporate limits of the City of Cordele, shall be deemed qualified and registered electors of the City of Cordele under certain conditions; and for other purposes. Referred to Committee on County and Municipal Governments. HB 193. By Mr. Lambert of Morgan: A bill to create and establish the Madison-Morgan County Airport Authority; and for other purposes. Referred to Committee on County and Municipal Governments. HB 194. By Mr. Rogers of Long: A bill to amend an act placing the sheriff of Long County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff; and for other purposes. Referred to Committee on County and Municipal Governments. HB 198. By Mr. Shuman of Bryan: A bill to amend an act relating to the creation of the office of tax commissioner of Bryan County, so as to change the compensation of the tax commissioner; and for other purposes. Referred to Committee on County and Municipal Governments. HB 199. By Mr. Shuman of Bryan: A bill to amend an act relating to compensating the ordinary of Bryan County by the payment of a salary to said ordinary, so as to change the compensation to be paid to the ordinary of Bryan County; and for other purposes. Referred to Committee on County and Municipal Governments. HB 200. By Mr. Shuman of Bryan: A bill to amend an act relating to the creation and establishment of the City Court of Pembroke, so as to change the amount of compensa tion to be paid to the solicitor of said City Court; and for other pur poses. Referred to Committee on County and Municipal Governments. 178 JOURNAL OF THE SENATE, HB 201. By Mr. Shuman of Bryan: A bill to amend an act relating to the establishment of a City Court of Pembroke in and for the County of Bryan, so as to change the amount of compensation to be paid to the judge of said city court; and for other purposes. Referred to Committee on County and Municipal Governments. HB 203. By Mr. Balkcom of Quitman: A bill to consolidate the offices of tax receiver and tax collector of Quitman County into the office of the tax commissioner of Quitman County; and for other purposes. Referred to Committee on County and Municipal Governments. HB 204. By Mr. Mauldin of Franklin: A bill to reincorporate the City of Carnesville in the County of Frank lin; to provide a new charter for said city; and for other purposes. Referred to Committee on County and Municipal Governments. HR 43. By Messrs. Harris and Smith of Glynn: A resolution to designate the "Joseph B. Mercer Bridge"; and for other purposes. Referred to Committee on Highways. HR 65. By Mr. Perry of Marion: A resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Marion County by the people; and for other purposes. Referred to Committee on Rules. HR 102. By Mr. Knight of Berrien: A resolution proposing an amendment to the Constitution so as to authorize the governing body of Berrien 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 for other purposes. Referred to Committee on Rules. FRIDAY, FEBRUARY 12, 1965 179 HR 105. By Mr. Houston of Pierce: A resolution proposing an amendment to the Constitution so as to create the Pierce County Industrial Development and Building Au thority; and for other purposes. Referred to Committee on Rules. HR 117. By Messrs. Richardson and Shea of Chatham: A resolution proposing an amendment to Article V, Section VII, Para graph II of the Constitution of the State of Georgia, relating to the Savannah District Authority, so as to change the name of said authori ty to "Savannah Port Authority"; and for other purposes. Referred to Committee on Rules. The following resolutions were read and adopted: SR 45. By Senator Downing of the 1st: A resolution commending Gloria Miller for her efforts and service on behalf of her school, church, community and the State of Georgia as recipient of International Youth Service Award; and for other pur poses. SR 46. By Senators Webb of the llth and Jackson of the 16th: A resolution calling upon the Council of State Governments to study appropriate ways and means to establish a compact among the fifty states of the Union providing for an Interstate Commission to study the goals and standards of education; and for other purposes. The following bills and resolutions were read the second time: SB 57. By Senator Yancey of the 33rd: A bill to amend Code Section 56-407A, relating to the requirements that certain insurance policies contain provisions protecting the in sured from damages caused by uninsured motorists, so as to provide for the venue of actions brought against unknown uninsured motorists; and for other purposes. SB 58. By Senators Downing of the 1st and Tribble of the 3rd: A bill to amend an Act creating and relating to The Board of Public Education for the City of Savannah and the County of Chatham; and for other purposes. 180 JOURNAL OF THE SENATE, SB 59. By Senators Wesberry of the 37th and Johnson of the 38th: A bill to provide that certain counties, municipalities and authorities operating a public water supply system, which has been issued a cer tificate by the Board of Health of the Department of Public Health of the State of Georgia, shall, on or before July 31, 1965, and there after, fluoridate the water supply furnished by said system; and for other purposes. SB 60. By Senators Thompson of the 34th, Salome of the 36th and others: A bill to amend an Act establishing a new charter for the City of Atlanta; and for other purposes. SB 61. By Senator Johnson of the 38th: A bill to amend Code Section 92-6307, requiring that names of colored and white tax payers be made out separately on the tax digest; to amend Code Section 92-6308 requiring the several tax receivers of tax returns and tax collectors of the State to make a report to the Comp troller General of the character and amount of all taxes returned or paid by colored tax payers, so as to repeal said Code Sections; and for other purposes. SB 62. By Senator Smalley of the 28th: A bill to authorize the governing authority of any county or munici pality in this state to order the destruction of records with the con currence of the Secretary of State and the Director of the Department of Archives and History; to provide the procedure connected therewith; and for other purposes. SB 63. By Senator Jackson of the 16th: A bill providing that no member of a train crew, yard crew or engine crew of a railroad shall be held personally responsible or found guilty of violating certain State laws or municipal ordinances regulating or intended to regulate the occupying or blocking of any street, road or highway crossing-at-grade; and for other purposes. SB 64. By Senators Maclntyre of the 40th, Salome of the 36th 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 65. By Senator Holley of the 22nd: A bill to amend Code Section 84-207, relating to certification of ac countants, so as to change the qualifications required applicants for FEIDAY, FEBRUARY 12, 1965 181 certification as certified public accountants; to provide effective dates; to repeal conflicting laws; and for other purposes. SB 66. By Senator Holley of the 22nd: A bill to amend Code Sectoin 30-101, relating to the granting of total divorces by the Superior Court, so as to provide for a time limit in regard to a party's right to demand a jury trial; to repeal conflicting laws; and for other purposes. SB 67. By Senator Holley of the 22nd: 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, so as to provide that the judgment may also be revised upon a change in the wife's income and financial status; and for other purposes. SB 68. By Senator Holley of the 22nd: A bill to amend Code Section 34-1407, relating to the keeping and depositing of official absentee ballots, so as to provide that official absentee ballots shall be delivered to the manager of the election dis trict wherein the elector would have voted had he not voted by official absentee ballot; to repeal conflicting laws; and for other purposes. SB 69. By Senator Carter of the 14th: A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that the State Board of Education shall set up a contingency fund for the purpose of relieving hardships which may be caused by operation of provisions of this Act to take care of any unusual or unforseen circumstances; and for other purposes. SB 70. By Senator Downing of the 1st: A bill to prescribe and establish compensation for the Chief Judge and for the Associate Judge of the Municipal Court of Savannah; and for other purposes. SB 71. By Senator Bateman 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; and for other purposes. 182 JOURNAL OP THE SENATE, SB 77. By Senator Young of the 13th: A bill to amend an Act entitled "An Act to provide as compensation for the treasurer of Lee County a salary of seven hundred dollars ($700) per year, instead of the commissions heretofore allowed by law", so as to change the compensation of the treasurer; and for other purposes. SB 78. By Senator Young of the 13th: A bill to abolish the present mode of compensating the ordinary of Lee County, Georgia, known as the fee system supplemented by a salary; to provide that the ordinary shall be compensated on a salary basis only in lieu thereof; and for other purposes. SR 30. By Senator Smalley of the 28th: A resolution proposing an amendment to the Constitution so as to change the provisions relating to the powers of county governments; to provide for the submission of this amendment for ratification or rejection; and for other purposes. SR 39. By Senator Smalley of the 28th: A resolution proposing an amendment to the Constitution so as to remove the exemption from ad valorem taxation of homesteads, except the homestead exemptions relative to certain veterans and certain persons sixty-five (65) years of age or over; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes. SR 40. By Senator Smalley of the 28th: A resolution proposing an amendment to the Constitution so as to exempt personal clothing and effects, household furniture, furnishings, equipment and other personal property used within the home, tools and implements of trade of manual laborers, and domestic animals, from all ad valorem taxation for State, county, municipal and school purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes. SR 41. By Senators Broun of the 46th and Webb of the llth: A resolution proposing an amendment to the Constitution so as to change the provisions relating to county officers; to provide for the submission of this amendment for ratification or rejection; and for other purposes. FRIDAY, FEBRUARY 12, 1965 183 SR 42. By Senators Broun of the 46th and Webb of the llth: A resolution proposing an amendment to the Constitution so as to change the provisions relating to the powers of county governments; to provide for the submission of this amendment for ratification or rejection; and for other purposes. SR 43. By Senators Broun of the 46th and Webb of the llth: A resolution proposing an amendment to the Constitution so as to redefine the power of the General Assembly relative to creating county commissioners; to provide for the submission of this amend ment for ratification or rejection; and for other purposes. HB 25. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty and Brooks of Fulton: A bill to make and provide appropriations for the fiscal year beginning July 1, 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967; and for other purposes. HB 178. By Mr. Rhodes of Baker: A bill to abolish the present mode of compensating the sheriff of Baker County, known as the fee system, to provide in lieu thereof an annual salary; and for other purposes. Mr. Kendrick of the 32nd District, Chairman of the Committee on Educa tional 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 22. Do Pass. Respectfully submitted, Kendrick of 32nd District, Chairman. Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted the following report: 184 JOURNAL OF THE SENATE, Mr. President: Your Committee on Rules has had under consideration the following resolu tion of the House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations: HR 15. Do Pass. Respectfully submitted, Rowan of 8th District, Secretary. Senator Gordy of the 15th, 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 resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House of Representatives: SR 33. Respectfully submitted, Gordy of the 15th District, Chairman. The following local, uncontested bills, favorably reported by the committees, were read the third time, and put upon their passage: SB 27. By Senator Kidd of the 25th: A bill to amend an act creating and establishing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. Laws 1900, p. 345), as amended, so as to remove the provision limiting the right of persons to hold the office of mayor for more than three (3) consecutive terms; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. FRIDAY, FEBRUARY 12, 1965 185 SB 29. By Senators Salome of the 36th, Coggin of the 35th, Thompson of the 34th, Maclntyre of the 40th, Wesberry of the 37th, Ward of the 39th and Miller of the 43rd: A bill to amend an act creating the Municipal Court of Atlanta (now the Civil Court of Fulton County), (Ga. Laws 1913, p. 145), so as to change the provisions relative to salaries of chief deputies; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 30. By Senators Thompson of the 34th, Salome of the 36th, Coggin of the 35th, Maclntyre of the 40th, Ward of the 39th, Wesberry of the 37th and Miller of the 43rd: A bill to provide that in certain counties the chief judge of the Supe rior Court may provide that all sheriff's sales of personal property may be held at a place other than the court house, under certain cir cumstances; and for other purposes. The report 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 31. By Senators Salome of the 36th, Coggin of the 35th, Thompson of the 34th, Maclntyre of the 40th, Ward of the 39th, Wesberry of the 37th and Miller of the 43rd: A bill to amend an act providing that in Fulton County, Georgia the ordinary, etc., may appoint a chief deputy (Ga. Laws, 1939, p. 565) so as to change the provisions of said act relative to the salaries of the chief deputies of the ordinary, etc.; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 186 JOURNAL OF THE SENATE, On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 32. By Senators Salome of the 36th, Coggin of the 35th, Thompson of the 34th, Maclntyre of the 40th, Ward of the 39th and Wesberry of the 37th: A bill to amend an act to establish a method for providing fire preven tion systems in the unincorporated portion of Fulton County (Ga. Laws 1951, p. 3068), so as to provide for payment for fire protection from the general funds of Fulton County under certain circumstances; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 68. By Mr. Houston of Pierce: A bill to amend an act creating the Board of Commissioners of Roads and Revenues of Pierce County, so as to change the compensation of the Chairman and the members of the Board of Commissioners of Roads and Revenues of Pierce 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 69. By Mr. Houston of Pierce: A bill to abolish the present method of compensating the present method of compensating the sheriff of Pierce County, known as the fee system; and for other purposes. FRIDAY, FEBRUARY 12, 1965 187 The report 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 72. By Mr. Dickinson of Douglas: A bill to amend an act placing the coroner of Douglas County on a salary in lieu of fees, so as to change the amount of the compensation; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 74. By Mr. Davis of Heard: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Heard County, so as to change the compensation of the 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 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 97. By Mr. Grahl of Peach: A bill to place the sheriff of Peach County upon an annual salary in lieu of the fee system of compensation; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 188 JOURNAL OF THE SENATE, On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Gillis of the 20th moved that the Senate do now adjourn until 11:00 o'clock Monday morning, and the motion prevailed. The president announced the Senate adjourned until 11:00 o'clock Monday morning. MONDAY, FEBRUARY 15, 1965 189 Senate Chamber, Atlanta, Georgia, Monday, February 15, 1965. 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 James W. Waters, pastor, Mabel White Memorial Baptist Church, Macon, Georgia. The roll was called, and the following senators answered to their names: Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble Owens Padgett Pennington Plunkett Rowan Salome Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young Senator Young of the 13th reported that the journal of Friday's proceedings had been examined and found correct. By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed. Senator Webb of the llth 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. 190 JOURNAL OF THE SENATE, 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions. The consent was granted. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: ,> The House has passed by the requisite constitutional majority the following bills of the House to-wit: HB 139. By Mrs. Merritt of Sumter and Mr. Blair of Sumter: A bill to provide for the terms of the Superior Court of Sumter County; and for other purposes. HB 143. By Messrs. Pope and Coker of Cherokee: A bill to authorize certain counties to establish and maintain a law library for the use of the judges, solicitors, ordinary and other officers of said counties; and for other purposes. The House has adopted the following resolutions of the House to-wit: HR 150. By Messrs. Laite, Jones and Dunwody of Bibb: A resolution expressing appreciation to the Macon Telegraph and the Macon News; and for other purposes. HR 154. By Messrs. Etheridge, Brooks and McClelland of Fulton: A resolution deploring the cruel and senseless acts of vandalism perpe trated toward Veterans' graves and other historical graves in the State of Georgia; and for other purposes. The following message was received from the House through Mr. Ellard, the Clerk thereof: MONDAY, FEBRUARY 15, 196B 191 Mr. President: The House has passed by the requisite constitutional majority the following bill of the House to-wit: HB 87. By Messrs. Luke, Simkins, and Hull of Richmond, Phillips of Columbia and Lewis of Burke: A bill to amend an act abolishing the fee system for the Solicitor General of the Augusta Judicial Circuit and placing him upon an annual salary; and for other purposes. The following bills and resolutions were introduced, read the first time, and referred to committees: SB 81. By Senator Searcey of the 2nd: A bill to amend Code Section 82-202, relating to the trial of a posses sory warrant and the forthcoming bond to be given by the person who was last in peaceful and lawful possession of the property in con troversy, so as to provide the award of property without requiring any bond whatsoever; and for other purposes. Referred to Committee on Judiciary. SB 82. By Senator Searcey of the 2nd: A bill to amend Code Section 107-205, relating to the petition for a release and the release of the defendant in any action for the recovery of personal property in which bail is required; so as to change certain provisions relative to petitions for a release of certain defendants held in imprisonment by reason of his inability to give security; and for other purposes. Referred to Committee on Judiciary. HB 87. By Messrs. Luke, Simkins and Hull of Richmond, Phillips of Columbia and Lewis of Burke: A bill to amend an act abolishing the fee system for the Solicitor General of the Augusta Judicial Circuit and placing him upon an annual salary, so as to provide for the position of a chief assistant solicitor general; and for other purposes. Referred to Committee on Judiciary. HB 139. By Mrs. Merritt of Sumter and Mr. Blair of Sumter: A bill to provide for the terms of the Superior Court of Sumter County; and for other purposes. Referred to Committee on County and Municipal Governments. 192 JOURNAL OF THE SENATE, HB 143. By Messrs. Pope and Coker of Cherokee: A bill to authorize certain counties to establish and maintain a law library for the use of the judges, solicitors, ordinary and other officers of said counties; and for other purposes. Referred to Committee on County and Municipal Governments. The following bills and resolutions were read the second time: SB 72. By Senators Edenfield of the 4th, Kilpatrick of the 44th, and others: A bill to amend an act entitled "An Act to provide for the creation of the office of Solicitor General emeritus", so as to provide that any time served by a solicitor general as a judge of any city or county court may be counted toward computing the number of years of service required of a solicitor general by said Act; and for other purposes. SB 73. By Senators McGill of the 24th, Hill of the 29th, and others: A bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to increase the time within which a vehicle may be allowed to meet the requirements prescribed for a certificate of inspec tion; and for other purposes. SB 74. By Senators Yancey of the 33rd and Spinks of the 9th: A bill to prohibit the advertisement of alcoholic beverages; to repeal conflicting laws; and for other purposes. SB 75. By Senators Broun of the 46th, Rowan of the 8th, and others: A bill to amend the Georgia Election Code, relating to the comprehen sive regulation of federal, state and county elections and of primaries to nominate candidates for federal, state and county offices, so as to provide that the names of presidential electors be printed on the ballot in a separate column; and for other purposes. SB 76. By Senators Hall of the 52nd, Lee of the 47th, and Noble of the 19th: A bill to amend an act creating the State Board of Pardons and Paroles, so as to provide for the arrest and bail under certain circumstances of a conditional releasee who violates terms of his conditional release; and for other purposes. MONDAY, FEBRUARY 15, 1965 193 SB 79. By Senators Thompson of the 34th, Coggin of the 35th and others: A bill to amend an act entitled "College Park City Charter Amend ment", so as to provide an alternate pension plan for employees now employed by the City of College Park who may elect to accept the bene fits of such alternate plan and for all employees who may hereafter enter the service of said City; to provide benefits and rules and regu lations for the payment of benefits to retired employees and their dependents; and for other purposes. SB 80. By Senators Coggin of the 35th, Thompson of the 34th, 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. SR 44. By Senator Yancey of the 33rd: A resolution proposing an amendment to the Constitution so as to provide that the compensation of all elective officials shall not be changed during their term of office; to provide for the submission of this amendment for ratification or rejection; and for other purposes. HB 14. By Messrs. Richardson, Shea and Sewell of Chatham: A bill to amend Code section 27-2505, relating to the date from which the execution of sentences imposed in criminal cases shall be computed, so as to provide that in the case of an indigent defendant a different computation shall be allowed; and for other purposes. HB 22. By Mr. Jones of Muscogee: A bill to provide for award of permanent alimony for the support of a wife or children where the husband has procured a divorce in a foreign country or state through an action in which the wife was not personally served; and for other purposes. HB 41. By Mr. Smith of Lamar: A bill to amend Code section 21-105 of the Code of Georgia of 1933 relating to fees paid coroners, so as to change the compensation of coroners in certain counties; and for other purposes. HB 62. By Mr. Dean of Polk: 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 disabled veterans who are residents of the State of Georgia; and for other purposes. 194 JOURNAL OF THE SENATE, HB 141. By Mrs. Merritt of Sumter, Messrs. Blair of Sumter, DeVane of Schley and many others: A bill to amend an act placing the solicitor general of the Southwestern Judicial Circuit on a salary basis in lieu of a fee basis, so as to change the compensation of the solicitor general of the Southwestern Judicial Circuit; and for other purposes. HB 156. By Mr. Poss of Madison: A bill to amend an act incorporating the City of Colbert, in the County of Madison, by creating a new charter; and for other purposes. HB 160. By Mr. Brown of Hart: A bill to abolish the present mode of compensating the sheriff of Hart County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes. HB 161. By Mr. Brown of Hart: A bill to amend an act creating the office of Commissioner of Roads and Bridges for Hart County and a Board of Finance, so as to provide that custody of all county property shall be vested in said board; and for other purposes. HB 162. By Mr. Brown of Hart: A bill to abolish the present mode of compensating the coroner of Hart County, known as the fee system; and for other purposes. HB 164. By Mr. Grahl of Peach: A bill to abolish the office of treasurer of Peach County; to provide for the transfer of the duties of said office to the governing authority of Peach County; and for other purposes. HB 171. By Mr. Fulford of Terrell: A bill to amend the charter of the City of Dawson relating to the compensation of the mayor and councilmen; and for other purposes. HB 172. By Mr. Fulford of Terrell: A bill to amend the charter of the City of Dawson by adding thereto a provision authorizing the City Council of Dawson to sell and dispose of any real property or interest therein owned by the City of Dawson and fixtures and personal property attached thereto or used in connec tion therewith; and for other purposes. MONDAY, FEBRUARY 15, 1965 195 HB 175. By Mr. Marshall of Putnam: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Putnam, so as to change the com pensation of the chairman and the members; and for other purposes. HB 176. By Mr. Marshall of Putnam: A bill to place the coroner of Putnam County upon a monthly salary in lieu of the fee system; and for other purposes. HB 177. By Mr. Grahl of Peach: A bill to amend an act incorporating the Town of Fort Valley as the City of Fort Valley, so as to provide for numbered city council posts for the utilities commission; and for other purposes. HB 179. By Messrs. Wiggins and Reid of Carroll: A bill to place the sheriff of Carroll County upon an annual salary in lieu of the fee system of compensation; and for other purposes. HB 180. By Mr. Wiggins of Carroll: A bill to amend an act creating a commissioner of roads and revenues for Carroll County, so as to change the compensation of the commis sioner; to change the compensation of the county attorney; and for other purposes. HB 181. By Mr. Dickinson of Douglas: A bill to amend an act providing for the abolishing of 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, so as to provide that fees earned prior to the effective date of this act, and not yet collected, shall belong to the officers who earned them; and for other purposes. HB 182. By Mr. Colwell of Union: A bill to amend an act placing the treasurer of Union County on a salary basis, so as to change the compensation of the treasurer; and for other purposes. HB 183. By Messrs. Richardson, Shea and Sewell 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 196 JOURNAL OF THE SENATE, now or hereafter provided by law for the superior courts of the several counties of the State, except certain enumerated particulars; and for other purposes. HB 184. By Mr. Rainey of Crisp: A bill to amend an act creating a new charter for the City of Cordele, so as to provide that qualified and registered electors of Crisp County, who reside within the corporate limits of the City of Cordele, shall be deemed qualified and registered electors of the City of Cordele under certain conditions; and for other purposes. HB 193. By Mr. Lambert of Morgan: A bill to create and establish the Madison-Morgan County Airport Authority; and for other purposes. HB 194. By Mr. Rogers of Long: A bill to amend an act placing the sheriff of Long County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff; and for other purposes. HB 198. By Mr. Shuman of Bryan: A bill to amend an act relating to the creation of the office of tax commissioner of Bryan County, so as to change the compensation of the tax commissioner; and for other purposes. HB 199. By Mr. Shuman of Bryan: A bill to amend an act relating to compensating the ordinary of Bryan County by the payment of a salary to said ordinary, so as to change the compensation to be paid to the ordinary of Bryan County; and for other purposes. HB 200. By Mr. Shuman of Bryan: A bill to amend an act relating to the creation and establishment of the City Court of Pembroke, so as to change the amount of compen sation to be paid to the solicitor of said City Court; and for other pur poses. HB 201. By Mr. Shuman of Bryan: A bill to amend an act relating to the establishment of a City Court of Pembroke in and for the County of Bryan, so as to change the MONDAY, FEBRUARY 15, 1965 197 amount of compensation to be paid to the judge of said city court; and for other purposes. HB 203. By Mr. Balkcom of Quitman: A bill to consolidate the offices of tax receiver and tax collector of Quitman County into the office of the tax commissioner of Quitman County; and for other purposes. HB 204. By Mr. Mauldin of Franklin: A bill to reincorporate the City of Carnesville in the County of Frank lin; to provide a new charter for said city; and for other purposes. HR 43. By Messrs. Harris and Smith of Glynn: A resolution to designate the "Joseph B. Mercer Bridge"; and for other purposes. HR 65. By Mr. Perry of Marion: 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 Marion County by the people; and for other purposes. HR 102. By Mr. Knight of Berrien: A resolution proposing an amendment to the Constitution so as to authorize the governing body of Berrien 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 for other purposes. HR 105. By Mr. Houston of Pierce: A resolution proposing an amendment to the Constitution so as to create the Pierce County Industrial Development and Building Authority; and for other purposes. HR 117. By Messrs. Richardson and Shea of Chatham: A resolution proposing an amendment to Article V, Section VII, Para graph II of the Constitution of the State of Georgia, relating to the Savannah District Authority, so as to change the name of said authority to "Savannah Port Authority"; and for other purposes. 198 JOURNAL OF THE SENATE, The following resolution was read and referred to the Committee on Rules: SR 47. By Senators Tribble of the 3rd, Spinks of the 9th, Edenfield of the 4th, Eldridge of the 7th, Foster of the 21st, Johnson of the 42nd and Yancey of the 33rd: A resolution amending the rules of the Senate; and for other purposes. The following resolution was read and referred to the Committee on Rules: HR 135. By Messrs. Simkins of Richmond, Jones of Bibb, Nessmith of Bulloch, Brantley of Candler and many others: A resolution expressing support of a resolution proposing an amend ment to the Constitution of the United States introduced in the Senate of the United States; and for other purposes. The following resolutions were read and adopted: HR 150. By Messrs. Laite, Jones and Dunwody of Bibb: A resolution expressing appreciation to the Maeon Telegraph and the Macon News; and for other purposes. HR 154. By Messrs. Etheridge, Brooks and McClelland of Fulton: A resolution deploring the cruel and senseless acts of vandalism perpe trated toward Veterans' graves and other historical graves in the State of Georgia; and for other purposes. Mr. Yancey of the 33rd District, Secretary of the Committee on Judiciary, submitted the following report: Mr. President: Your Committee on Judiciary has had under consideration the following bill of the House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations: HB 100. Do Pass. Respectfully submitted, Yancey of 33rd District, Secretary. Senator Gordy of the 15th, Chairman of the Committee on Senate Adminis trative Affairs, submitted the following report: MONDAY, FEBRUARY 15, 1965 199 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 House of Representatives: SB 27. SB 29. SB 30. SB 31. SB 32. Respectfully submitted, Gordy of the 15th District, Chairman. The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage: SB 6. By Senators Lee of the 47th, Pennington of the 45th and Padgett of the 23rd: A bill to amend Code chapter 84-15, relating to the regulation of the practice of veterinary medicine, as amended, so as to completely and exhaustively revise the laws relating to the practice of veterinary medicine; and for other purposes. Senator Lee of the 47th asked unanimous consent that SB 6 be recommitted to the Committee on Agriculture and Natural Resources. The consent was granted. SB 56. By Senator Johnson of the 42nd: A bill amending certain Code sections in Code chapter 13-3, relating to the Department of Banking, and amending an act fixing certain salaries approved March 27, 1947 (Ga. Laws 1947, p. 673), so as to place the Superintendent of Banks and all other personnel in the Department of Banking under the State Merit System; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 200 JOURNAL OP THE SENATE, On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 35. By Senators Webb of the llth and Jackson of the 16th: A bill to amend an act known as the Georgia Health Code, approved March 18, 1964 (Ga. L. 1964, p. 499), so as to provide that the Georgia Department of Public Health is authorized to enter into agreements with the Federal Government, other states, or interstate agencies, whereby this State will perform, on a cooperative basis with the Fed eral Government, other states or interstate agencies, inspection and other functions related to the control of ionized radiation; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 34, nays 0. The bill, having received the requisite constitutional majority, was passed. HR 15. By Mr. Fulford of Terrell: A resolution authorizing the conveyance of certain real estate located in Terrell County; and for other purposes. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, the ayes were 33, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HB 100. By Messrs. Smith of Grady and Dollar and Conger of Decatur: A bill to provide for the terms of the Superior Court of Grady County; and for other purposes. MONDAY, FEBRUARY 15, 1965 201 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 36, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 22. By Senator Johnson of the 38th: A bill to amend an act establishing the Teachers Retirement System of Georgia, approved March 19, 1943 (Ga. Laws 1943, p. 640), as sub sequently amended, so as to provide for two additional members of the Board of Trustees; and for other purposes. Senator Johnson of the 38th offered the following amendment: Amend SB 22 by changing the figures in the last paragraph of said bill from 1947 to 1967. 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 27, nays 4. The bill, having failed to receive the requisite constitutional majority, was lost. Senator Johnson of the 38th gave notice that at the proper time he would move that the Senate reconsider its action in defeating SB 22. Senator Webb of the llth 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. 202 JOURNAL OF THE SENATE, Senate Chamber, Atlanta, Georgia, Tuesday, February 16, 1965. 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 Father Joseph Beltran, pastor, St. Peter's Catholic Church, LaGrange, Georgia. The roll was called and the following senators answered to their names: Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble Owens Padgett Pennington Plunkett Rowan Salome Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young Senator Johnson of the 38th moved that the Senate reconsider its action of yesterday on the following bill of the Senate: SB 22. By Senator Johnson of the 38th: A bill to amend an act establishing the Teachers Retirement System of Georgia, approved March 19, 1943 (Ga. Laws 1943, p. 640), as sub sequently amended, so as to provide for two additional members of the Board of Trustees; and for other purposes. On the motion to reconsider, the ayes were 31, nays 7. The motion prevailed, and SB 22 was placed on the calendar. TUESDAY, FEBRUARY 16, 1965 203 Senator Gordy of the 15th 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 Webb of the llth asked unanimous consent that the following be established as the order of business for today: 1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions. The consent was granted. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills and resolutions of the House to-wit: HB 56. By Mr. Grahl of Peach: A bill to amend an act fixing the salary paid by Peach County to the Solicitor-General of the Macon Judicial Circuit, so as to change the compensation paid by Peach County to said Solicitor-General; and for other purposes. HB 187. By Messrs. Pope and Coker of Cherokee: A bill to amend an act changing from the fee system to the salary system of certain county officers of Cherokee County, so as to change the compensation of the ordinary; and for other purposes. 204 JOURNAL OF THE SENATE, HB 205. By Mr. Ross of Lincoln: A bill to amend an act creating and establishing a new charter for the City of Lincolnton, so as to change the method of electing councilmen; and for other purposes. HB 207. By Mr. Ross of Lincoln: A bill to abolish the present method of compensating the Sheriff of Lincoln County, known as the fee system, and to provide in lieu thereof an annual salary for the sheriff; and for other purposes. HB 211. By Mr. Bowen of Dooly: A bill to abolish the present mode of compensating the clerk of the Superior Court, the sheriff and the ordinary of Dooly County; and for other purposes. HB 213. By Mr. Johnson of Elbert: A bill to amend an act entitled "An Act to provide a Board of Com missioners for the County of Elbert", so as to fix the compensation of the chairman; and for other purposes. HB 214. By Messrs. Sewell, Shea and Richardson of Chatham: A bill to amend the charter of Garden City and other acts amendatory thereto, incorporating said Town, by fixing and prescribing and extend ing the corporate limits of said Town; and for other purposes. HB 215. By Messrs. Bedgood and Matthews of Clarke: A bill to amend an act entitled "An Act to amend the Charter of the Town of Athens, so as to authorize the Mayor and Council of the City of Athens by ordinance to assess the cost of labor of installing storm sewer or drainage pipe against the abutting property owner; and for other purposes. HB 222. By Mr. Arnsdorff of Effingham: A bill to abolish the present mode of compensating the sheriff of Effingham County, known as the fee system; and for other purposes. HB 234. By Mr. Crowe of Worth: A bill to amend an act creating and establishing a Board of Commis sioners of Roads and Revenues of Worth County, so as to change the TUESDAY, FEBRUARY 16, 1965 205 compensation of the chairman and members of the Board of Commis sioners of Roads and Revenues of Worth County; and for other purposes. HB 235. By Mr. Crowe of Worth: A bill to amend an act, so as to increase the salary of the Judge of the City Court of Sylvester; and for other purposes. HB 237. By Messrs. Harris and Smith of Glynn: A bill to amend an act entitled "An Act to provide for the appointment of office of members of the 'Brunswick and Glynn County Development Authority', so as to define the word 'commerce'"; and for other pur poses. HB 238. By Messrs. Harris and Smith of Glynn: A bill to amend an act creating the "Magistrate's Court of Glynn County", so as to change the compensation of the magistrate of said court; and for other purposes. HB 239. By Mr. Pafford of Lanier: A bill to provide that the Sheriff of Lanier County shall be compen sated on a salary basis in lieu of a fee basis; and for other purposes. HB 240. By Messrs. Overby and Williams of Hall: A bill to amend an act entitled "An Act to amend the charter of the City of Gainesville and the Acts amendatory thereof", so as to make certain changes in the retirement system for the employees of said city; and for other purposes. HB 243. By Mr. Mauney of White: A bill to place the sheriff of White County on an annual salary, to pro vide an effective date; and for other purposes. HB 244. By Messrs. Vaughn and Harris of Bartow: A bill to amend an act placing the compensation of the sheriff, the clerk of the superior court, and the ordinary of Bartow County on a salary basis instead of a fee basis, so as to change the number of deputies to be appointed by the sheriff; and for other purposes. 206 JOURNAL OF THE SENATE, HB 249. By Messrs. Oglesby and Kussell of Thomas: A bill to amend the Charter of the City of Thomasville as established by an Act, so that said charter as amended will provide: That for the purpose of perpetuating its existing pension and annuity program, the City may levy and collect a tax upon the salaries of the employees of the City without limitation as to the rate of such tax; and for other purposes. HB 251. By Mr. Dailey of Randolph: A bill to abolish the present mode of compensating the Sheriff of Randolph County, known as the fee system, to provide in lieu thereof an annual salary; and for other purposes. HB 253. By Mr. Lewis of Wilkinson: A bill to create a new charter for the City of Gordon; and for other purposes. HB 258. By Mr. Irvin of Habersharn: A bill to amend an act incorporating the Town of Mt. Airy, so as to change the date of the annual election of the Mayor and Council of the said town; and for other purposes. HB 260. By Mr. Moore of Stephens: A bill to amend an act placing the sheriff of Stephens County upon an annual salary, so as to provide for additional deputy on the sheriff's office; and for other purposes. HR 125. By Mr. Milhollin of Coffee: A resolution designating the George W. Pridgen Roadside Park; and for other purposes. HB 42. By Mr. Hale of Bade: A bill to provide that a certified copy of a deed or other instrument affecting real property which has been properly recorded shall be admissible in evidence under the same rules which would apply to the original without the necessity of accounting for the original instru ment; and for other purposes. TUESDAY, FEBRUARY 16, 1965 207 HB 63. By Mr. Conner of Jeff Davis: A bill to amend Title 56 of the Code of Georgia of 1933, relating to the regulation of the insurance industry, as amended, so as to provide for annual reports to the Commissioner by insurers concerning their affairs and operations; and for other purposes. HB 116. By Messrs. Overby and Williams of Hall, Looper of Dawson and Mauney of White: A bill to provide for the terms of the superior courts of the counties comprising the Northeastern Judicial Circuit; to provide for an effec tive date; to repeal conflicting laws; and for other purposes. HB 232. By Messrs. McClelland and Brooks of Pulton: A bill to amend an act providing for the giving of security by owners and operators of motor vehicles; and for other purposes. The House has adopted the following resolution of the House to-wit: HR 162. By Messrs. Sewell, Richardson and Shea of Chatham: A resolution requesting Mr. Johnny Mercer to compose a song to be presented to the General Assembly for consideration as the official State Song; and for other purposes. The House has passed by the requisite constitutional majority the following bill of the House to-wit: HB 167. By Messrs. Hull of Richmond, Jones of Muscogee, Jones of Liberty, Bynum of Rabun, Caldwell of Upson, and many others: A bill to comprehensively and exhaustively revise, supersede, and mod ernize appellate and other post-trial procedure in civil and criminal cases; and for other purposes. The following resolution was read and adopted: HR 162. By Messrs. Sewell, Richardson and Shea of Chatham: A resolution requesting Mr. Johnny Mercer to compose a song to be presented to the General Assembly for consideration as the official State Song; and for other purposes. 208 JOURNAL OF THE SENATE, The following bills and resolutions were introduced, read the first time, and referred to committees: SB 83. By Senator Kilpatrick of the 44th: A bill to amend an act establishing the charter for the City of Forest Park, Georgia, and the several Acts amendatory thereto; and for other purposes. Referred to Committee on County and Municipal Governments. SB 84. By Senators Hall of the 52nd, Gayner of the 5th and Hill of the 29th: A bill to amend an act entitled "An Act to establish a retirement sys tem for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools", so as to change the allowance which a member shall receive upon service retirement; and for other purposes. Referred to Committee on Educational Matters. SB 85. By Senators Sanders of the 41st, Miller of the 43rd, and Wesberry of the 37th: A bill to provide for the detention of persons accused of committing certain criminal offenses against children; to provide that during such detention the accused shall not be eligible for bail; to provide the procedure connected with the foregoing; and for other purposes. Referred to Committee on Judiciary. SB 86. By Senator Kidd of the 25th: A bill to amend Code Chapter 68-2, relating to licenses for motor vehicles, as amended, so as to provide for the issuance of a permanent license plate; and for other purposes. Referred to Committee on Rules. SB 87. By Senator Hill of the 29th: A bill to amend an act authorizing the Secretary of State to designate employees to accept service of process under any statute providing for such service on the Secretary of State, so as to provide that such em ployees may accept service under any statute (now or hereafter effec tive) providing for service on the Secretary of State; and for other purposes. Referred to Committee on Judiciary. TUESDAY, FEBRUARY 16, 1965 209 SB 88. By Senators Salome of the 36th, Coggin of the 35th, and others: A bill to amend the act creating a system of traffic courts for each City of this State having a population of more than 300,000 by the Federal Census of 1950 or by any future Federal Census, so as to provide addi tional regulations for the appointment and tenure of Judges, Associate Judges, and Solicitor; to repeal conflicting laws and for other purposes. Referred to Committee on County and Municipal Governments. SB 89. By Senators Maclntyre of the 40th, Webb of the llth and others: A bill to create the "Georgia Residential Home Builders Commission"; and for other purposes. Referred to Committee on Industry and Labor. SR 48. By Senators Wesberry of the 37th and Maclntyre of the 40th: A resolution designating the State Choir; and for other purposes. Referred to Committee on Rules. HB 42. By Mr. Hale of Bade: A bill to provide that a certified copy of a deed or any other instru ment affecting real property which has been properly recorded shall be admissible in evidence under the same rules which would apply to the original without the necessity of accounting for the original instru ment; and for other purposes. Referred to Committee on Judiciary. HB 56. By Mr. Grahl of Peach: A bill to amend an act fixing the salary paid by Peach County to the Solicitor-General of the Macon Judicial Circuit, so as to change the compensation paid by Peach County to said Solicitor-General; and for other purposes. Referred to Committee on Judiciary. HB 63. By Mr. Conner of Jeff Davis: A bill to amend Title 56 of the Code of Georgia of 1933, relating to the regulation of the insurance industry, so as to provide for annual reports to the Commissioner by insurers concerning their affairs and operations; and for other purposes. Referred to Committee on Banking and Finance. 210 JOURNAL OF THE SENATE, HB 116. By Messrs. Overby and Williams of Hall, Looper of Dawson and Mauney of White: A bill to provide for the terms of the superior courts of the counties comprising the Northeastern Judicial Circuit; and for other purposes. Referred to Committee on Judiciary. HB 187. By Messrs. Pope and Coker of Cherokee: A bill to amend an act changing from the fee to the salary system of certain county officers of Cherokee County, so as to change the com pensation of the ordinary; and for other purposes. Referred to Committee on County and Municipal Governments. HB 205. By Mr. Ross of Lincoln: A bill to amend an act creating and establishing a new charter for the City of Lincolnton, so as to change the method of electing councilmen; and for other purposes. Referred to Committee on County and Municipal Governments. HB 207. By Mr. Ross of Lincoln: A bill to abolish the present method of compensating the sheriff of Lincoln County, known as the fee system, and to provide in lieu thereof an annual salary for the sheriff; and for other purposes. Referred to Committee on County and Municipal Governments. HB 211. By Mr. Bowen of Dooly: A bill to abolish the present mode of compensating the clerk of the superior court, the sheriff and the ordinary of Dooly County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 213. By Mr. Johnson of Elbert: A bill to amend an act entitled "An Act to provide a Board of Commis sioners for the County of Elbert", so as to fix the compensation of the chairman; and for other purposes. Referred to Committee on County and Municipal Governments. HB 214. By Messrs. Sewell, Shea and Richardson of Chatham: A bill to amend the charter of Garden City, by fixing and prescribing and extending the corporate limits; and for other purposes. Referred to Committee on County and Municipal Governments. TUESDAY, FEBRUARY 16, 1965 211 HB 215. By .Messrs. Matthews and Bedgood of Clarke: A bill to amend an act entitled "An Act to amend the charter of the Town of Athens", so as to authorize the mayor and council by ordinance to assess the cost of labor of installing storm sewer or drainage pipe against the abutting property owner; and for other purposes. Referred to Committee on County and Municipal Governments. HB 222. By Mr. Arnsdorff of Effingham: A bill to abolish the present mode of compensating the sheriff of Effingham County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 232. By Messrs. McClelland and Brooks of Fulton: A bill to amend an act providing for the giving of security by owners and operators of motor vehicles, so as to provide for a refund of a deposited security; and for other purposes. Referred to Committee on Public Utilities and Transportation. HB 234. By Mr. Crowe of Worth: A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Worth County, so as to change the compensation of the chairman and members of the Board; and for other purposes. Referred to Committee on County and Municipal Governments. HB 235. By Mr. Crowe of Worth: A bill to amend an act establishing a City Court in the City of Sylvester, so as to increase the salary of the judge and solicitor of said court; and for other purposes. Referred to Committee on County and Municipal Governments. HB 237. By Messrs. Harris and Smith of Glynn: A bill to amend an act entitled "an act to provide for the appointment and terms of office of the 'Brunswick and Glynn County Development Authority', so as to define the word 'commerce' as used in said act"; and for other purposes. Referred to Committee on County and Municipal Governments. HB 238. By Messrs. Harris and Smith of Glynn: A bill to amend an act creating the "Magistrate's Court of Glynn 212 JOURNAL OP THE SENATE, County", so as to change the compensation of the m agistiate of said court; and for other purposes. Referred to Committee on County and Municipal Governments. HB 239. By Mr. Pafford of Lanier: A bill to provide that the sheriff of Lanier County shall be compensated on a salary basis in lieu of a fee basis; and for other purposes. Referred to Committee on County and Municipal Governments. HB 240. By Messrs. Overby and Williams of Hall: A bill to amend an act entitled "An Act to amend the charter of the City of Gainesville and the acts amendatory thereof"; so as to make certain changes in the retirement system for the employees of said city; and for other purposes. Referred to Committee on County and Municipal Governments. HB 243. By Mr. Mauney of White: A bill to place the sheriff of White County upon an annual salary; and for other purposes. Referred to Committee on County and Municipal Governments. HB 244. By Messrs. Vaughan and Harris of Bartow: A bill to amend an act placing the compensation of the sheriff, the clerk of the superior court, and the ordinary of Bartow County on a salary basis, so as to change the number of deputies to be appointed by the sheriff; and for other purposes. Referred to Committee on County and Municipal Governments. HB 249. By Messrs. Oglesby and Russell of Thomas: A bill to amend the charter of the City of Thomasville, so that said charter will provide for the purpose of perpetuating its existing pension and annuity program; to provide that the city may levy and collect a tax upon the salaries of employees of the city without limitation as to the rate of such tax; and for other purposes. Referred to Committee on County and Municipal Governments. HB 251. By Mr. Dailey of Randolph: A bill to abolish the present mode of compensating the sheriff of Ran dolph County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. TUESDAY, FEBRUARY 16, 1965 213 HB 253. By Mr. Lewis of Wilkinson: A bill to create a new charter for the City of Gordon, Georgia; and for other purposes. Referred to Committee on County and Municipal Governments. HB 258. By Mr. Irvin of Habersham: A bill to amend an act incorporating the Town of Mt. Airy, so as to change the date of the annual election of the mayor and council of said town; and for other purposes. Referred to Committee on County and Municipal Governments. HB 260. By Mr. Moore of Stephens: A bill to amend an act placing the sheriff of Stephens County upon an annual salary, so as to provide for an additional deputy in the sheriff's office; and for other purposes. Referred to Committee on County and Municipal Governments. HR 125. By Mr. Milhollin of Coffee: A resolution designating the George W. Pridgen Roadside Park; and for other purposes. Referred to Committee on Highways. HB 167. By Messrs. Hull of Richmond, Jones of Muscogee, Jones of Liberty, Bynum of Rabun, Caldwell of Upson and many others: A bill to comprehensively and exhaustively revise, supersede, and modernize appellate and other post-trial procedure in civil and criminal cases; and for other purposes. Referred to Committee on Judiciary. The following bills were read the second time: SB 81. By Senator Searcey of the 2nd: A bill to amend Code Section 82-202, relating to the trial of a posses sory warrant and the forthcoming bond to be given by the person who was last in peaceful and lawful possession of the property in con troversy, so as to provide the award of property without requiring any bond whatsoever; and for other purposes. 214 JOURNAL OF THE SENATE, SB 82. By Senator Searcey of the 2nd: A bill to amend Code Section 107-205, relating to the petition for a release and the release of the defendant in any action for the recovery of personal property in which hail is required; so as to change certain provisions relative to petitions for a release of certain defendants held in imprisonment by reason of his inability to give security; and for other purposes. HB 87. By Messrs. Luke, Simkins and Hull of Richmond, Phillips of Columbia and Lewis of Burke: A bill to amend an act abolishing the fee system for the Solicitor General of the Augusta Judicial Circuit and placing him upon an annual salary, so as to provide for the position of a chief assistant solicitor general; and for other purposes. HB 139. By Mrs. Merritt of Sumter and Mr. Blair of Sumter: A bill to provide for the terms of the Superior Court of Sumter County; and for other purposes. HB 143. By Messrs. Pope and Coker of Cherokee: A bill to authorize certain counties to establish and maintain a law library for the use of the judges, solicitors, ordinary and other officers of said counties; and for other purposes. Mr. Downing of the 1st District, Chairman of the Committee on County and Municipal Governments, submitted the following report: Mr. President: Your Committee on County and Municipal Governments has had under con sideration the following bills of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recom mendations : SB 51. Do Pass by Substitute. SB 58. Do Pass. HB 59. Do Pass. HB 61. Do Pass. HB 122. Do Pass. HB 126. Do Pass. HB 127. Do Pass. TUESDAY, FEBRUARY 16, 1965 215 HB 145. Do Pass. HB 160. Do Pass. HB 161. Do Pass. HB 162. Do Pass. HB 179. Do Pass. HB 180. Do Pass. HB 182. Do Pass. HB 184. Do Pass. HB 204. Do Pass. Respectfully submitted, Downing of 1st District, Chairman. Mr. Fincher of the 51st District, Secretary of the Committee on Public Utilities and Transportation, submitted the following report: Mr. President: Your Committee on Public Utilities and Transportation has had under con sideration the following bill of the Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendation: SB 54. Do Pass as Amended. Respectfully submitted, Fincher of 51st District, Secretary. Mr. Holloway of the 12th District, Chairman of the Committee on High ways, submitted the following report: Mr. President: Your Committee on Highways has had under consideration the following resolution of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation: HR 103. Do Pass. Respectfully submitted, Holloway of 12th District, Chairman. 216 JOURNAL OP THE SENATE, The following local, uncontested bills and resolutions, favorably reported by the committees, were read the third time, and put upon their passage. SB 58. By Senators Downing of the 1st, Tribble of the 3rd and Searcey of the 2nd: A bill to amend an act creating and relating to the Board of Public Education for the City of Savannah and the County of Chatham; and for other purposes. The report 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 59. By Mr. Bynum of Rabun: A bill to authorize the ordinary of Rabun County upon recommenda tion of tax commissioner of Rabun County to additionally compensate the secretary of the tax commissioner of Rabun County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 38, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 61. By Mr. Bynum of Rabun: A bill to provide for compensation for the Ordinary of Rabun County and compensation for secretarial assistance to the Ordinary of Rabun County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. TUESDAY, FEBRUARY 16, 1965 217 On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 51. By Senator Padgett of the 23rd: A bill to prohibit certain activities by county, municipal or other political subdivision officials with respect to conflicts of interest be tween their public duties and their personal business or professional interests in all counties of this State having a population of not less than 135,000 and not more than 140,000, according to the official United States decennial census of 1960 or any future such census; and for other purposes. The Committee on County and Municipal Governments offered the following substitute: SB 51. AN ACT To prohibit certain activities by elected State, county, municipal or other political subdivision officials with respect to conflicts of inter est between their public duties and their personal business or profes sional interests in all counties of this State having a population of not less than 135,000 and not more than 140,000, according to the official United States decennial census of 1960 or any future such census; to provide for competitive bidding; to provide for penalties; to provide for exemptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA: Section 1. In all counties of this State having a population of not less than 135,000 and not more than 140,000, according to the official United States decennial census of 1960 or any future such census, no person who is an elected State, county, municipal or other political subdivision official shall personally purchase from or sell to the State, the counties or any municipal corporations or other political subdivisions located in such counties any tangible personal property of any type. Provided, however, that if sealed bids shall be solicited by advertisement in a newspaper of general circulation, any such elected officer shall be eligible to participate in such purchase or sale, pro vided he submits the lowest bid therefor. Any elected officer who vio lates the foregoing provisions shall be guilty of malfeasance, which shall constitute grounds for removal from office upon proper proceed ings instituted by any citizen in a court of competent jurisdiction. Section 2. The provisions of this Act shall not be applicable to contracts for ambulance services. 218 JOURNAL OF THE SENATE, Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. On the adoption of the substitute, the ayes were 32, nays 0, and the 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 32, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 122. By Mr. Johnson of Elbert: A bill to amend an act placing the clerk of the Superior Court and the ordinary of Elbert County upon an annual salary, so as to change the compensation of the clerk of the Superior Court and the ordinary; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 126. By Messrs. Milhollin and Williams of Coffee: A bill to amend an act creating a new charter for the City of Douglas, so as to authorize the governing authority of said city to close portions of certain streets; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 40, nays 0. TUESDAY, FEBRUARY 16, 1965 219 The bill, having received the requisite constitutional majority, was passed. HB 127. By Mr. Bynum of Rabun: A bill to amend an act providing a secretarial assistant for the clerk of the Superior Court of Rabun County, so as to change the amount of compensation to be paid to the secretary to the clerk of the Supe rior Court, this compensation to be fixed by the governing authority of Rabun County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 34, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 145. By Mr. Wells of Oconee: A bill to abolish the present method of compensating the sheriff of Oconee County, known as the fee system, and 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. On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 161. By Mr. Brown of Hart: A bill to amend an act creating the office of Commissioner of Roads and Bridges for Hart County and a Board of Finance, so as to provide that custody of all county property shall be vested in said board; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 220 JOURNAL OF THE SENATE, On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 160. By Mr. Brown of Hart: A bill to abolish the present mode of compensating the Sheriff of Hart County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes. Senator Lee of the 47th offered the following amendment: Amend HB 160 by striking from Section 1 after the word "shall" and before the words "be compensated" the word "hereafter". By striking from Section 3 the first word "The" thereof and in serting in lieu thereof the words "Except as otherwise provided in this Act, the". By striking from Section 7 the words "and payments in retirement systems" wherever the same appears in said Section. By adding in the last sentence of Section 13 after the word "pay ment" and before the words "of such expenses" the words "or reim bursement". 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 40, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 162. By Mr. Brown of Hart: A bill to abolish the present mode of compensating the coroner of Hart County, known as the fee system; and for other purposes. TUESDAY, FEBRUARY 16, 1985 221 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 179. By Messrs. Wiggins and Reid of Carroll: A bill to place the sheriff of Carroll County upon an annual salary in lieu of the fee system of compensation; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 38, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 180. By Mr. Wiggins of Carroll: A bill to amend an act creating a commissioner of roads and revenues for Carroll County, so as to change the compensation of the commis sioner; to change the compensation of the county 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 38, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 182. By Mr. Colwell of Union: A bill to amend an act placing the treasurer of Union County on a salary basis, so as to change the compensation of the treasurer; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 222 JOURNAL OF THE SENATE, On the passage of the bill, the ayes were 38, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 184. By Mr. Rainey of Crisp: A bill to amend an act creating a new charter for the City of Cordele, so as to provide that qualified and registered electors of Crisp County, who reside within the corporate limits of the City of Cordele, shall be deemed qualified and registered electors of the City of Cordele 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 38, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 204. By Mr. Mauldin of Franklin: A bill to reincorporate the City of Carnesville in the County of Frank lin; to provide a new charter 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 38, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Gordy of the 15th, 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 of the Senate and has instructed me, as Chairman, to report TUESDAY, FEBRUARY 16, 1965 223 the same back to the Senate as correct and ready for transmission to the House of Representatives: SB 35. SB 56. Respectfully submitted, Gordy of the 15th District, Chairman. The following general bills and resolutions were read the third time, and put upon their passage: SB 54. By Senator Sanders of the 41st: A bill to require all motor vehicle dealers to have all motor vehicles sold by them inspected in accordance with the provisions of the motor vehicle inspection laws prior to their sale to the general public; to pro vide for a penalty; and for other purposes. The Committee on Public Utilities and Transportation offered the follow ing amendment: Amend SB 54 by striking from section 1 the word "an" as it ap pears between the words "and" and "official" and substituting in lieu thereof the following words "a current", so that when so amended Section 1 shall read as follows: "Section 1. It shall be unlawful for any dealer to sell a motor vehicle required to be inspected by the provisions of an act entitled 'Uniform Act Regulating Traffic on Highways', approved January 11, 1954 (Ga. Laws 1953-54, Nov.-Dec. Sess., p. 556), as amended, particularly by an act approved March 17, 1960 (Ga. Laws 1960, p. 590), and an act approved April 3, 1963 (Ga. Laws 1963, p. 333), unless the dealer shall have said motor vehicle inspected in accord ance with the provisions of said act and a current official inspec tion certificate is obtained and placed on said vehicle." On the adoption of the amendment, the ayes were 32, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, the ayes were 33, nays 0. 224 JOURNAL OF THE SENATE, The bill, having received the requisite constitutional majority, was passed as amended. HR 103. By Mr. Milhollin of Coffee: A resolution to designate the "Seventeen Mile River"; 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. SB 22. By Senator Johnson of the 38th: A bill to amend an act establishing the Teachers Retirement System of Georgia, approved March 19, 1943 (Ga. Laws 1943, p. 640), as sub sequently amended, so as to provide for two additional members 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 as amended. On the passage of the bill, the ayes were 29, nays 8. The bill, having received the requisite constitutional majority, was passed as amended. Senator Webb of the llth moved that the Senate do now adjourn until 11:00 o'clock tomorrow morning, and the motion prevailed. The president announced the Senate adjourned until 11:00 o'clock tomorrow morning. WEDNESDAY, FEBRUARY 17, 1965 225 Senate Chamber, Atlanta, Georgia, Wednesday, February 17, 1965. 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 chaplain, Reverend Earl Seckinger, pastor, First Methodist Church, Commerce, Georgia. Prayer was offered by the Reverend George O. King, pastor, First Methodist Church, Elberton, Georgia. The roll was called, and the following senators answered to their names: Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble Owens Padgett Pennington Plunkett Rowan Salome Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young 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 Webb of the llth 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. 226 JOURNAL OF THE SENATE, 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions. The consent was granted. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills and resolutions of the House to-wit: HB 220. By Messrs. Melton and Bolton of Spalding: A bill to amend the Charter of the City of Griffin, so as to enlarge the present City boundaries and the corporate limits by the annexation of certain described property adjacent to the present City limits; and for other purposes. HB 221. By Messrs. Melton and Bolton of Spalding: A bill to amend the Charter of the City of Griffin by amending the Act approved July 21, 1921, as amended; and for other purposes. HB 286. By Messrs. Dunc'an, Jordan and McDaniell of Cobb: A bill to amend an act creating a court to be known as the "Civil and Criminal Court of Cobb County", so as to extend the jurisdiction of said court to certain cases involving injury to the person; and for other purposes. HB 263. By Mr. Rowland of Johnson: A bill to abolish the present mode of compensating the sheriff of Johnson County, known as the fee system; and for other purposes. HB 264. By Messrs. Harris and Smith of Glynn: A bill to amend an act, so as to more clearly define the scope and extent of the annual audit of the books and financial transactions of the Board of Education of Glynn County; and for other purposes. WEDNESDAY, FEBRUARY 17, 1965 227 HB 265. By Messrs. Blalock and Potts of Coweta: A bill to create and establish the Newton-Coweta Airport Authority; and for other purposes. HB 266. By Messrs. Potts and Blalock of Coweta: A bill to amend an act creating a new charter for the City of Newnan in the County of Coweta, so as to authorize the City Clerk to issue an execution as other tax executions in the amount of the license fee due; and for other purposes. HB 267. By Mr. Leonard of Murray: A bill to amend an act creating a new Charter for the City of Chatsworth, so as to authorize and empower the Mayor and Aldermen of the City of Chatsworth, to sell or lease a certain block of land within said City; and for other purposes. HB 270. By Messrs. McClelland, Etheridge and Brooks of Fulton: A hill to amend the act creating a joint City-County board of Tax Assessors in all counties of a certain population, so as to increase the salaries of the members of the joint board of tax assessors; and for other purposes. HB 276. By Messrs. Spillers and Ballard of Newton: A bill to amend an act placing the sheriff of the Superior Court of Newton County upon an annual salary, so as to increase the compensa tion of the chief deputy; and for other purposes. HB 277. By Mr. Hudgins of Chattahoochee: A bill to amend an act creating a Board of Commissioners of Roads and Revenues, so as to change the compensation of the clerk of the Board; and for other purposes. HB 280. By Mr. Dailey of Randolph: A bill to provide that the ordinary of Randolph County be placed on a salary basis in lieu of a fee basis; and for other purposes. HB 189. By Mr. Ross of Lincoln: A bill to amend Code Section 92-4101, relating to the limitation of ad valorem taxation by municipal corporations, so as to provide that 228 JOURNAL OF THE SENATE, the City of Lincolnton shall not be affected by the provisions of Code Sections 92-4101 through 92-4104; and for other purposes. HR 18. By Mr. Pope of Cherokee: A resolution to compensate Walter Lee Keller; and for other purposes. HR 19. By Mr. Irvin of Habersham: A resolution to compensate Mr. Cliff Pitts; and for other purposes. HR 26. By Mr. Lee of Clayton: A resolution to compensate Grover Jackie Darnell; and for other purposes. HR 40. By Messrs. Chandler and Harrington of Baldwin: A resolution compensating Miss Kay Fondren; and for other purposes. HR 41. By Mr. Harris of DeKalb: A resolution to compensate Ginger Salads, Inc.; and for other purposes. HR 42. By Mr. Hall of Lee: A resolution compensating the Lee County Board of Education; and for other purposes. HR 45. By Mr. Brooks of Fulton: A resolution compensating E. C. A. Forsberg; and for other purposes. HR 49. By Mr. Lewis of Burke: A resolution compensating Seaborn Jones; and for other purposes. HR 53. By Messrs. Vaughan and Harris of Bartow: A resolution to compensate Frank C. Dysart; and for other purposes. HR 70. By Mr. Arnsdorff of Effingham: A resolution compensating C. R. Clifton; and for other purposes. WEDNESDAY, FEBRUARY 17, 1965 229 HR 77. By Mr. Bagby of Paulding: A resolution to compensate Mr. H. C. Holland; and for other purposes. HR 79. By Mr. Watkins of Gilmer: A resolution to compensate J. Harvey Burgess; and for other purposes. HR 82. By Mr. Byrd of Walton: A resolution compensating Mr. Arthur Juhan; and for other purposes. HR 83. By Mr. Simmons of Banks: A resolution to compensate Mr. Ted Roberts; and for other purposes. HR 84. By Mr. Tucker of Henry: A resolution compensating Mr. T. W. Craig; and for other purposes. HR 85. By Mr. Walker of Lowndes: A resolution compensating Hiram Bembry; and for other purposes. HR 89. By Mr. Etheridge of Fulton: A resolution compensating Edward F. Graham; and for other purposes. HR 90. By Mr. Etheridge of Fulton: A resolution to compensate Ryder Truck Rental, Inc.; and for other purposes. HR 94. By Messrs. Mitchell and Smith of Whitfield: A resolution to compensate Dwight M. Beaty, Jr.; and for other pur poses. HR 106. By Mr. Smith of Telfair: A resolution authorizing the conveyance of a certain tract of stateowned property located in Telfair County; and for other purposes. 230 JOURNAL OF THE SENATE, HR 110. By Mrs. Merritt and Mr. Blair of Sumter: A resolution authorizing the conveyance of a tract of state-owned property located in Sumter County; and for other purposes. HR 123. By Mr. Rush of Tattnall: A resolution designating the J. Cliff Kennedy-Reverend Reid B. Purcell Bridge; and for other purposes. HR 124. By Mr. Rush of Tattnall: A resolution to compensate Honorable Henry C. Kennedy, Clerk of the Superior Court of Tattnall County and City Court of Reidsville, for certain services rendered; and for other purposes. HR 143. By Messrs. Etheridge and Brooks of Fulton: A resolution authorizing the transfer of certain real property located in Fulton County, Georgia; and for other purposes. HB 5. By Messrs. Snow of Walker, Clarke of Monroe and others: A bill delegating home rule powers to the municipalities of this State under the authority granted the General Assembly by the Constitution of Georgia, Article XV, Section I, Paragraph I; and for other pur poses. HB 34. By Messrs. Matthews of Clarke, Newton of Colquitt, and others: A bill to authorize the State Personnel Board to provide a Health In surance plan for county employees of the State Department of Family and Children Services; and for other purposes. HB 48. By Mr. Etheridge of Fulton: A bill to amend an act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to provide for additional exemp tions from the taxes imposed by said act; and for other purposes. HB 80. By Mr. Brooks of Fulton: A bill to provide that the manufacturer of any personal property sold as a new property, shall be deemed to impart certain implied war ranties; and for other purposes. HB 84. By Mr. Brooks of Fulton: A bill to amend an act known as the Uniform Act Regulating Traffic on Highways, so as to exempt boat trailers with certain gross weight; and for other purposes. WEDNESDAY, FEBRUARY 17, 1965 231 HB 216. By Messrs. Matthews and Bedgood of Clarke and Jones of Bibb: A bill to provide for the issuance by the State Revenue Commissioner of special license tags to motor vehicle owners who operate citizens' band radio stations; and for other purposes. HB 224. By Messrs. Overby and Williams of Hall: A bill to amend Code Section 24-2714, relating to the duties of the clerks of the superior court, so as to increase the distance from the courthouse where materials incidental to the clerk's duties may be stored; and for other purposes. HB 257. By Mr. Bynum of Rabun: A bill to amend an act creating a retirement system for State em ployees, so as to provide that certain employees of the Maintenance Division of the State Highway Department shall be eligible to become members of said system under certain circumstances; and for other purposes. HB 261. By Messrs. Story of Gwinnett and Moore of Polk: A bill to amend an act entitled "An Act to establish a retirement sys tem for aged and incapacitated teachers in the State Public Schools, etc."; and for other purposes. HB 262. By Messrs. Story of Gwinnett and Moore of Polk: A bill establishing a retirement system for teachers in the State Public Schools and other State Supported Schools; and for other purposes. HB 271. By Mr. Hale of Dade: A bill to amend Code Chapter 26-63 relating to obscene pictures and written material; and for other purposes. HB 275. By Messrs. Ware of Troup, Houston of Pierce and Ballard of Newton: A bill to provide that it shall be unlawful for any person, firm or cor poration engaged in the business of selling any type of merchandise in the State of Georgia to promise a consideration, either cash or other wise, to a buyer of such merchandise for providing the names or other information relative to other prospective purchasers of such merchan dise, unless the promise of such consideration is contained in the con tract of sale between the seller and the buyer; and for other purposes. The House has adopted the following resolution of the House to-wit: 232 JOURNAL OF THE SENATE, HR 128. By Messrs. Brooks of Oglethorpe, Johnson of Warren, Bynum of Rabun, Kelly of Jasper and others: A resolution requesting Congress to call a Convention for the purpose of proposing an amendment to the Constitution of the United States; and for other purposes. HR 168. By Messrs. McClelland, Brooks and Etheridge of Fulton, Matthews of Clarke and Lee of Clayton: A resolution commending Georgia State College on its 50th Anniversary for the splendid service to the State of Georgia and to the City of Atlanta. HB 170. By Messrs. Hull of Richmond, Jones of Muscogee, Jones of Liberty, and many others: A bill to provide that where any judge presides in the trial of a case in any circuit other than his own, or where any judge emeritus or judge pro hac vice presides in the trial of any case, such judge may issue orders, and herein determine all motions for new trial; and for other purposes. The following bills and resolutions were introduced, read the first time, and referred to committees: SB 90. By Senator Kidd of the 25th: A bill to provide that it shall be unlawful for any person to wrongfully take, obtain, withhold or use for any purpose whatsoever, any scientific data, design, plan or, in general any other article, which concerns or relates to the trade secrets, processes, operations, style of work, or apparatus of any person, firm, partnership, association or corporation; and for other purposes. Referred to Committee on Industry and Labor. SB 91. By Senator Kidd of the 25th: A bill to amend an act creating the Claims Advisory Board, so as to change the provisions relative to the time limitations on filing notices of claims and the introduction of resolutions; and for other purposes. Referred to Committee on Industry and Labor. SB 92. By Senator Kidd of the 25th: A bill to amend Code Section 34-806, relating to the conduct of special elections, so as to provide that the thirty day period between WEDNESDAY, FEBRUARY 17, 1965 233 the call of a special election and the holding of same shall apply to the filling of a vacancy in public office; and for other purposes. Referred to Committee on Rules. SB 93. By Senator Kidd of the 25th: A bill to amend Code Section 34-802, relating to certain public officials being elected at the November election, so as to provide that such Section shall not apply to members of county governing authorities under certain circumstances; and for other purposes. Referred to Committee on Rules. SB 94. By Senator Kidd of the 25th: A bill to amend Code Section 109-102, so as to provide that upon the payment of two hundred thousand dollars into any trust company, the Superintendent of Banks must issue his certificate of approval thereto; and for other purposes. Referred to Committee on Banking and Finance. SB 95. By Senator Kidd of the 25th: A bill to provide that suretyship contracts may not contain professions whereby the surety may seek to indemnify himself from loss in excess of fifty per cent of the liability contracted for in the surety contract; and for other purposes. Referred to Committee on Banking and Finance. SB 96. By Senator Kidd of the 25th: A bill to amend Code Section 53-102, defining what persons shall be able to contract marriage, as amended, so as to remove the disability "impotency", that will render a person unable to contract marriage; and for other purposes. Referred to Committee on Judiciary. SB 97. By Senator Kidd of the 25th: A bill to amend Code Chapter 30-1, relating to the granting of divorces, as amended, so as to provide the rights and disabilities of the parties in certain divorce actions and exceptions thereto; to provide for legis lative findings and a declaration of necessity; and for other purposes. Referred to Committee on Judiciary. 234 JOURNAL OF THE SENATE, SB 98. By Senator Pennington of the 45th: A bill to amend an act creating the Georgia Milk Commission and defining its duties, powers and membership and regulating the sale of milk, and known as the "Milk Control Act", so as to express the true original legislative intent of said Act of February 17, 1959, trans ferring said Milk Commission to the Department of Agriculture; and for other purposes. Referred to Committee on Agriculture and Natural Resources. SB 99. By Senator Hall of the 52nd: A bill to amend an act known as the "Floyd County Employees' Pen sion Code", so as to change the number of years of service required to qualify for benefits under the retirement plan; and for other pur poses. Referred to Committee on County and Municipal Governments. SB 100. By Senator Ben Johnson of the 42nd: A bill to amend Code Section 13-901, relating to the incorporation of banks and applications for bank charters and the contents thereof, as amended, so as to provide that the par value of each share of capital stock of banks incorporated pursuant to Code Chapter 13-9 shall be not less than one dollar; and for other purposes. Referred to Committee on Banking and Finance. SB 101. By Senator Kendrick of the 32nd: A bill to amend an act known as the Unemployment Compensation Law, as amended, by providing that no individual shall be deprived of benefits by the act of an unauthorized agent; and for other purposes. Referred to Committee on Industry and Labor. SB 102. By Senators Loggins of the 53rd, Fincher of the 51st, Kendrick of the 32nd, Moore of the 31st, Johnson of the 38th, and Johnson of the 42nd: A bill to create the Metropolitan Atlanta Rapid Transit Authority; and for other purposes. Referred to Committee on Public Utilities & Transportation. SB 103. By Senators Wesberry of the 37th, Johnson of the 38th, Salome of the 36th, and others: A bill to amend an act establishing a new charter for the City of WEDNESDAY, FEBRUARY 17, 1965 235 Atlanta, and the several Acts amendatory thereof; and for other pur poses. Referred to Committee on County and Municipal Governments. SR 49. By Senator Kidd of the 25th: A resolution requesting the Secretary of Health, Education and Wel fare to make changes in certain regulations; and for other purposes. Referred to Committee on Health & Welfare. SR 51. By Senators Loggins of the 53rd, Fincher of the 51st, Kendrick of the 32nd, and Moore of the 31st: A resolution creating a Rapid Transit Study Committee; and for other purposes. Referred to Committee on Rules. SR 52. By Senator Pennington of the 45th: A resolution proposing an amendment to Article VII, Section II, Para graph 1-A of the Constitution, relating to the production, market ing, sale, use and utilization, processing and improvement of agricul tural products, so as to provide that the General Assembly may dele gate its powers with respect thereto to any Agricultural Commodity Commission or other state agency established by law; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to Committee on Agriculture & Natural Resources. HB 5. By Messrs. Snow of Walker, Clarke of Monroe, Smith of Camden, Blair of Sumter, Shea of Chatham, Rowland of Johnson and Fulford of Terrell: A bill delegating home rule powers to the municipalities of this State under the authority granted the General Assembly by the Constitution of Georgia, Article XV, Section I, Paragraph I; and for other pur poses. Referred to Committee on Rules. HB 34. By Messrs. Matthews of Clarke, Newton of Colquitt, Barber of Jackson, Matthews of Colquitt and others: A bill to authorize the State Personnel Board to provide a Health In surance Plan for county employees of the State Department of Family and Children Services; and for other purposes. Referred to Committee on Rules. 236 JOURNAL OF THE SENATE, HB 48. By Mr. Etheridge of Fulton: A bill to amend an act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to provide for additional exemp tions from the taxes imposed by said Act; and for other purposes. Referred to Committee on Business, Trade and Commerce. HB 80. By Mr. Brooks of Fulton: A bill to provide that the manufacturer of any personal property sold as a new property, either directly or through some other person, shall be deemed to impart certain implied warranties to any person handling or using said personal property and the ultimate consumer, unless the contrary is expressly provided; and for other purposes. Referred to Committee on Industry and Labor. HB 84. By Mr. Brooks of Fulton: A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", so as to exempt boat trailers with a gross weight of 2000 Ibs. or less from being equipped with brakes; and for other purposes. Referred to Committee on Highways. HB 170. By Messrs. Hull of Richmond, Jones of Muscogee, Jones of Liberty, and many others: A bill to provide that where any judge presides in the trial of a case in any circuit other than his own, or where any judge emeritus or judge pro hac vice presides in the trial of any case, such judge may issue orders, and herein determine all motions for new trial, etc.; and for other purposes. Referred to Committee on Judiciary. HB 189. By Mr. Ross of Lincoln: A bill to amend Code section 92-4101, relating to the limitation of ad valorem taxation by municipal corporations, so as to provide that the City of Lincolnton shall not be affected by the provisions of Code sections 92-4101 through 92-4104; and for other purposes. Referred to Committee on County and Municipal Governments. HB 216. By Messrs. Matthews and Bedgood of Clarke and Jones of Bibb: A bill to provide for the issuance by the State Revenue Commissioner of special license tags to motor vehicle owners who operate citizens' band radio stations; and for other purposes. Referred to Committee on Rules. WEDNESDAY, FEBRUARY 17, 1965 237 HB 220. By Mr. Melton of Spalding: A bill to amend the charter of the City of Griffin, by enlarging the present city boundaries and the corporate limits by the annexation of certain described property adjacent to the present city limits; and for other purposes. Referred to Committee on County and Municipal Governments. HB 221. By Mr. Melton of Spalding: A bill to amend the charter of the City of Griffin, so as to provide that elections under this charter shall be in charge of an election manager appointed by the city manager; and for other purposes. Referred to Committee on County and Municipal Governments. HB 224. By Messrs. Overby and Williams of Hall: A bill to amend Code section 24-2714, relating to the duties of the clerks of the superior court, so as to increase the distance from the courthouse where materials incidental to the clerk's duties may be stored; and for other purposes. Referred to Committee on Judiciary. HB 257. By Mr. Bynum of Rabun: A bill to amend an act creating a retirement system for State em ployees, so as to provide that certain employees of the Maintenance Division of the State Highway Department shall be eligible to become members of said system under certain circumstances; and for other purposes. Referred to Committee on Rules. HB 261. By Messrs. Story of Gwinnett and Moore of Polk: A bill to amend an act entitled "an act to establish a retirement system for aged and incapacitated teachers in the State Public Schools; and other State supported schools;" so as to change certain provisions relative to contributions and service credit; and for other purposes. Referred to Committee on Educational Matters. HB 262. By Messrs. Story of Gwinnett and Moore of Polk: A bill to amend an act establishing a retirement system for teachers in the State Public Schools and other State Supported Schools, so as to change certain provisions relative to retirement on disability and certain benefits; and for other purposes. Referred to Committee on Educational Matters. 238 JOURNAL OF THE SENATE, HB 263. By Mr. Rowland of Johnson: A bill to abolish the present mode of compensating the sheriff of Johnson County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 264. By Messrs. Harris and Smith of Glynn: A bill to amend an act to consolidate and regulate public instruction in the County of Glynn, so as to more clearly define the scope and extent of the annual audit of the books and financial transactions of the Board of Education of Glynn County; and for other purposes. Referred to Committee on County and Municipal Governments. HB 265. By Messrs. Blalock and Potts of Coweta: A bill to create and establish the Newnan-Coweta Airport Authority; and for other purposes. Referred to Committee on County and Municipal Governments. HB 266. By Messrs. Potts and Blalock of Coweta: A bill to amend an act creating a new charter for the City of Newnan in the County of Coweta, so as to authorize the city clerk to issue an execution as other tax executions in the amount of the license fee due; and for other purposes. Referred to Committee on County and Municipal Governments. HB 267. By Mr. Leonard of Murray: A bill to amend an act creating- a new charter for the City of Chatsworth, so as to authorize and empower the mayor and aldermen to sell or lease a certain block of land within said city; and for other purposes. Referred to Committee on County and Municipal Governments. HB 270. By Mr. McClelland of Fulton: A bill to amend the act creating a joint city county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more, according to the U. S. census of 1950, so as to increase the salaries of the members of the joint board of tax assessors; and for other purposes. Referred to Committee on County and Municipal Governments. HB 271. By Mr. Hale of Dade: A bill to amend Code chapter 26-63 relating to obscene pictures and written material, so as to provide that any person who shall knowingly WEDNESDAY, FEBRUARY 17, 1965 239 sell or exhibit, lend, give away, or who shall have possession of porno graphic or obscene material to any person under age 18 shall be guilty of a felony; and for other purposes. Referred to Committee on Judiciary. HB 275. By Messrs. Ware of Troup, Houston of Pierce and Ballard of Newton: A bill to provide that it shall be unlawful for any person, firm or cor poration engaged in the business of selling any type of merchandise in the State of Georgia to promise a consideration, either cash or otherwise, to a buyer of such merchandise for providing the names or other information relative to other prospective purchasers of such merchandise, unless the promise of such consideration is contained in the contract of sale between the seller and the buyer; and for other purposes. Referred to Committee on Industry and Labor. HB 276. By Messrs. Ballard and Spillers of Newton: A bill to amend an act placing the sheriff of the Superior Court of Newton County upon an annual salary, so as to increase the compensa tion of the chief deputy; and for other purposes. Referred to Committee on County and Municipal Governments. HB 277. By Mr. Hudgins of Chattahoochee: A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Chattahoochee County, so as to change the compensa tion of the clerk; and for other purposes. Referred to Committee on County and Municipal Governments. HB 280. By Mr. Dailey of Randolph: A bill to provide that the ordinary of Randolph County be placed on a salary basis in lieu of a fee basis; and for other purposes. Referred to Committee on County and Municipal Governments. HB 286. By Messrs. Duncan, Jordan and McDaniell of Cobb: A bill to amend an act creating a court to be known as the "civil and Criminal Court of Cobb County", so as to extend the jurisdiction of said court to certain cases involving injury to the person; and for other purposes. Referred to Committee on County and Municipal Governments. 240 JOURNAL OF THE SENATE, HR 18. By Mr. Pope of Cherokee: A resolution to compensate Walter Lee Keller; and for other purposes. Referred to Committee on Appropriations. HR 19. By Mr. Irvin of Habersham: A resolution to compensate Mr. Cliff Pitts; and for other purposes. Referred to Committee on Appropriations. HR 26. By Mr. Lee of Clayton: A resolution to compensate Grover Jackie Darnell; and for other pur poses. Referred to Committee on Appropriations. HR 40. By Messrs. Chandler and Harrington of Baldwin: A resolution compensating Miss Kay Fondren; and for other purposes. Referred to Committee on Appropriations. HR 41. By Mr. Harris of DeKalb: A resolution to compensate Ginger Salads, Inc.; and for other purposes. Referred to Committee on Appropriations. HR 42. By Mr. Hall of Lee: A resolution compensating the Lee County Board of Education; and for other purposes. Referred to Committee on Appropriations. HR 45. By Mr. Brooks of Fulton: A resolution compensating E. C. A. Forsberg; and for other purposes. Referred to Committee on Appropriations. HR 49. By Mr. Lewis of Burke: A resolution compensating Seaborn Jones; and for other purposes. Referred to Committee on Appropriations. WEDNESDAY, FEBRUARY 17, 1985 241 HR 53. By Messrs. Vaughan and Harris of Bartow: A resolution to compensate Prank C. Dysart; and for other purposes. Referred to Committee on Appropriations. HR 70. By Mr. Arnsdorff of Effingham: A resolution to compensate C. R. Clifton; and for other purposes. Referred to Committee on Appropriations. HR 77. By Mr. Bagby of Paulding: A resolution to compensate Mr. H. C. Holland; and for other purposes. Referred to Committee on Appropriations. HR 79. By Mr. Watkins of Gilmer: A resolution to compensate J. Harvey Burgess; and for other purposes. Referred to Committee on Appropriations. HR 82. By Mr. Byrd of Walton: A resolution compensating Mr. Arthur Juhan; and for other purposes. Referred to Committee on Appropriations. HR 83. By Mr. Simmons of Banks: A resolution to compensate Mr. Ted Roberts; and for other purposes. Referred to Committee on Appropriations. HR 84. By Mr. Tucker of Henry: A resolution compensating Mr. T. W. Craig; and for other purposes. Referred to Committee on Appropriations. HR 85. By Mr. Walker of Lowndes: A resolution compensating Hiram Bembry; and for other purposes. Referred to Committee on Appropriations. HR 89. By Mr. Etheridge of Fulton: A resolution compensating Edward F. Graham; and for other purposes. Referred to Committee on Appropriations. 242 JOURNAL OF THE SENATE, HR 90. By Mr. Etheridge of Pulton: A resolution to compensate Ryder Truck Rental, Inc.; and for other purposes. Referred to Committee on Appropriations. HR 94. By Messrs. Mitchell and Smith of Whitfield: A resolution to compensate Dwight M. Beaty, Jr.; and for other pur poses. Referred to Committee on Appropriations. HR 106. By Mr. Smith of Telfair: A resolution authorizing the conveyance of a certain tract of stateowned property located in Telfair County; and for other purposes. Referred to Committee on Rules. HR 110. By Mrs. Merritt and Mr. Blair of Sumter: A resolution authorizing the conveyance of a tract of state-owned prop erty located in Sumter County; and for other purposes. Referred to Committee on Rules. HR 123. By Mr. Rush of Tattnall: A resolution designating the J. Cliff Kennedy-Reverend Reid B. Purcell Bridge; and for other purposes. Referred to Committee on Highways. HR 124. By Mr. Rush of Tattnall: A resolution to compensate Honorable Henry C. Kennedy, clerk of the Superior Court of Tattnall County and City Court of Reidsville; for certain services rendered; and for other purposes. Referred to Committee on Appropriations. HR 128. By Messrs. Brooks of Oglethorpe, Johnson of Warren, Bynum of Rabun, Kelly of Jasper, Floyd of Chattooga, Paris of Barrow, Milhollin of Coffee and Brantley of Candler: A resolution requesting Congress to call a Convention for the purpose of proposing an amendment to the Constitution of the United States; and for other purposes. Referred to Committee on Rules. WEDNESDAY, FEBRUARY 17, 1965 243 HR 143. By Messrs. Etheridge and Brooks of Fulton: A resolution authorizing the transfer of certain real property located in Fulton County, Georgia; and for other purposes. Referred to Committee on Rules. The following bills and resolutions were read the second time: SB 83. By Senator Kilpatrick of the 44th: A bill to amend an act establishing the charter for the City of Forest Park, Georgia, and the several Acts amendatory thereto; and for other purposes. SB 84. By Senators Hall of the 52nd, Gayner of the 5th and Hill of the 29th: A bill to amend an act entitled "An Act to establish a retirement sys tem for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools", so as to change the allowance which a member shall receive upon service retirement; and for other purposes. SB 85. By Senators Sanders of the 41st, Miller of the 43rd, and Wesberry of the 37th: A bill to provide for the detention of persons accused of committing certain criminal offenses against children; to provide that during such detention the accused shall not he eligible for bail; to provide the pro cedure connected with the foregoing; and for other purposes. SB 86. By Senator Kidd of the 25th: A bill to amend Code Chapter 68-2, relating to licenses for motor ve hicles, as amended, so as to provide for the issuance of a permanent license plate; and for other purposes. SB 87. By Senator Hill of the 29th: A bill to amend an act authorizing the Secretary of State to designate employees to accept service of process under any statute providing for such service on the Secretary of State, so as to provide that such em ployees may accept service under any statute (now or hereafter effec tive) providing for service on the Secretary of State; and for other purposes. SB 88. By Senators Salome of the 36th, Coggin of the 35th, and others: A bill to amend the act creating a system of traffic courts for each City of this State having a population of more than 300,000 by the Federal Census of 1950 or by any future Federal Census, so as to pro- 244 JOURNAL OF THE SENATE, vide additional regulations for the appointment and tenure of Judges, Associate Judges, and Solicitor; to repeal conflicting laws and for other purposes. SB 89. By Senators Maclntyre of the 40th, Webb of the llth and others: A bill to create the "Georgia Residential Home Builders Commission"; and for other purposes. SR 48. By Senators Wesberry of the 37th and Maclntyre of the 40th: A resolution designating the State Choir; and for other purposes. HB 42. By Mr. Hale of Dade: A bill to provide that a certified copy of a deed or any other instru ment affecting real property which has been properly recorded shall be admissible in evidence under the same rules which would apply to the original without the necessity of accounting for the original instru ment; and for other purposes. HB 56. By Mr. Grahl of Peach: A bill to amend an act fixing the salary paid by Peach County to the Solicitor-General of the Macon Judicial Circuit, so as to change the compensation paid by Peach County to said Solicitor-General; and for other purposes. HB 63. By Mr. Conner of Jeff Davis: A bill to amend Title 56 of the Code of Georgia of 1933, relating to the regulation of the insurance industry, so as to provide for annual reports to the Commissioner by insurers concerning their affairs and operations; and for other purposes. HB 116. By Messrs. Overby and Williams of Hall, Looper of Dawson and Mauney of White: A bill to provide for the terms of the superior courts of the counties comprising the Northeastern Judicial Circuit; and for other purposes. HB 187. By Messrs. Pope and Coker of Cherokee: A bill to amend an act changing from the fee to the salary system of certain county officers of Cherokee County, so as to change the com pensation of the ordinary; and for other purposes. WEDNESDAY, FEBRUARY 17, 1965 245 HB 205. By Mr. Ross of Lincoln: A bill to amend an act creating and establishing a new charter for the City of Lincolnton, so as to change the method of electing councilmen; and for other purposes. HB 207. By Mr. Ross of Lincoln: A bill to abolish the present method of compensating the Sheriff of Lincoln County, known as the fee system, and to provide in lieu thereof an annual salary for the sheriff; and for other purposes. HB 211. By Mr. Bowen of Dooly: A bill to abolish the present mode of compensating the clerk of the superior court, the sheriff and the ordinary of Dooly County, known as the fee system; and for other purposes. HB 213. By Mr. Johnson of Elbert: A bill to amend an act entitled "An Act to provide a Board of Commis sioners for the County of Elbert", so as to fix the compensation of the chairman; and for other purposes. HB 214. By Messrs. Sewell, Shea and Richardson of Chatham: A bill to amend the charter of Garden City, by fixing and prescribing and extending the corporate limits; and for other purposes. HB 215. By Messrs. Matthews and Bedgood of Clarke: A bill to amend an act entitled "An act to amend the charter of the Town of Athens", so as to authorize the mayor and council by ordinance to assess the cost of labor of installing storm sewer or drainage pipe against the abutting property owner; and for other purposes. HB 222. By Mr. Arnsdorff of Effingham: A bill to abolish the present mode of compensating the sheriff of Effingham County, known as the fee system; and for other purposes. HB 232. By Messrs. McClelland and Brooks of Fulton: A bill to amend an act providing for the giving of security by owners and operators of motor vehicles, so as to provide for a refund of a deposited security; and for other purposes. 246 JOURNAL OF THE SENATE, HB 234. By Mr. Crowe of Worth: A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Worth County, so as to change the compensation of the chairman and members of the Board; and for other purposes. HB 235. By Mr. Crowe of Worth: A bill to amend an act establishing a City Court in the City of Sylvester, so as to increase the salary of the judge and solicitor of said court; and for other purposes. HB 237. By Messrs. Harris and Smith of Glynn: A bill to amend an act entitled "an act to provide for the appointment and terms of office of the 'Brunswick and Glynn County Development Authority', so as to define the word 'Commerce'" as used in said act; and for other purposes. HB 238. By Messrs. Harris and Smith of Glynn: A bill to amend an act creating the "Magistrate's Court of Glynn County", so as to change the compensation of the magistrate of said court; and for other purposes. HB 239. By Mr. Pafford of Lanier: A bill to provide that the sheriff of Lanier County shall be compen sated on a salary basis in lieu of a fee basis; and for other purposes. HB 240. By Messrs. Overby and Williams of Hall: A bill to amend an act entitled "An act to amend the charter of the City of Gainesville and the acts amendatory thereof"; so as to make certain changes in the retirement system for the employees of said city; and for other purposes. HB 243. By Mr. Mauney of White: A bill to place the sheriff of White County upon an annual salary; and for other purposes. HB 244. By Messrs. Vaughan and Harris of Bartow: A bill to amend an act placing the compensation of the sheriff, the clerk of the superior court, and the ordinary of Bartow County on a salary basis, so as to change the number of deputies to be appointed by the sheriff; and for other purposes. WEDNESDAY, FEBRUARY 17, 1035 247 HB 249. By Messrs. Oglesby and Russell of Thomas: A bill to amend the charter of the City of Thomasville, so that said charter will provide for the purpose of perpetuating its existing pen sion and annuity program; to provide that the city may levy and collect a tax upon the salaries of employees of the city without limitation as to the rate of such tax; and for other purposes. HB 251. By Mr. Dailey of Randolph: A bill to abolish the present mode of compensating the sheriff of Ran dolph County, known as the fee system; and for other purposes. HB 253. By Mr. Lewis of Wilkinson: A bill to create a new charter for the City of Gordon, Georgia; and for other purposes. HB 258. By Mr. Irvin of Habersham: A bill to amend an act incorporating the Town of Mt. Airy, so as to change the date of the annual election of the mayor and council of said town; and for other purposes. HB 260. By Mr. Moore of Stephens: A bill to amend an act placing the sheriff of Stephens County upon an annual salary, so as to provide for additional deputy in the sheriff's office; and for other purposes. HR 125. By Mr. Milhollin of Coffee: A resolution designating the George W. Pridgen Roadside Park; and for other purposes. HB 167. By Messrs. Hull of Richmond, Jones of Muscogee, Jones of Liberty, Bynum of Rabun, Caldwell of Upson and many others: A bill to comprehensively and exhaustively revise, supersede, and modernize appellate and other post-trial procedure in civil and criminal cases; and for other purposes. Mr. Downing of the 1st District, Chairman of the Committee on County and Municipal Governments, submitted the following report: 248 Mr. President: JOURNAL OF THE SENATE, 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 64. Do Pass. SB 70. Do Pass as Amended. SB 77. Do Pass. SB 78. Do Pass. SB 79. Do Pass. SB 80. Do Pass. SB 83. Do Pass. HB 27. Do Pass. HB 101. Do Pass. HB 114. Do Pass. HB 135. Do Pass. HB 137. Do Pass. HB 138. Do Pass. HB 147. Do Pass. HB 156. Do Pass. HB 175. Do Pass. HB 176. Do Pass. HB 193. Do Pass. HB 194. Do Pass. HB 211. Do Pass. HB 205. Do Pass. HB 215. Do Pass. HB 253. Do Pass. Respectfully submitted, Downing of 1st District, Chairman. Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted the following report: WEDNESDAY, FEBRUARY 17, 1965 249 Mr. President: Your Committee on Rules has had under consideration the following reso lutions of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations: SR 7. Do Pass. SR 42. Do Pass. SR 43. Do Pass. HE 21. Do Pass. Respectfully submitted, Rowan of 8th District, Secretary. Mr. Yancey of the 33rd District, Secretary 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 Secretary, to report the same back to the Senate with the following recommendations: SB 9. Do Pass by Substitute. SB 11. Do Not Pass. Respectfully submitted, Yancey of 33rd District, Secretary. Mr. Smalley of the 28th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. President: Your Committee on Judiciary has had under consideration the following bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations: HB 14. Do Pass. HB 41. Do Pass. 250 JOURNAL OF THE SENATE, HB 50. Do Pass. Respectfully submitted, Smalley of 28th District, Chairman. Mr. Johnson of the 42nd District, Chairman of the Committee on Banking and Finance, submitted the following report: Mr. President: Your Committee on Banking and Finance has had under consideration the following bills of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations: SB 2. Do Pass by Substitute. SB 65. Do Pass by Substitute. Respectfully submitted, Johnson of 42nd District, Chairman. Mr. Carter of the 14th District, Secretary of the Committee on Educational Matters, submitted the following report: Mr. President: Your Committee on Educational Matters, has had under consideration the following bills of the Senate and has instructed me as Secretary, to report the same back to the Senate with the following recommendations: SB 7. Do Pass by Substitute. SB 8. Do Pass by Substitute. Respectfully submitted, Carter of 14th District, Secretary. Mr. Broun of the 46th District, Chairman of the Committee on Interstate Cooperation, submitted the following report: Mr. President: Your Committee on Interstate Cooperation has had under consideration the following bill of the Senate and has instructed me as Chairman, to report the WEDNESDAY, FEBRUARY 17. !0 5 251 same back with the following recommendations: SB 45. Do Pass. Respectfully submitted, Broun of 46th District, Chairman. Mr. Hall of the 52nd District, Chairman of the Committee on Penal and Correctional Affairs, submitted the following report: Mr. President: Your Committee on Penal and Correctional Affairs has had under considera tion the following bill of the Senate and has instructed me as Chairman, to re port the same back to the Senate with the following recommendation: SB 76. Do Pass. Respectfully submitted, Hall of 52nd District, Chairman. The following local, uncontested bills and resolutions, favorably reported by the committee, were read the third time, and put upon their passage: SB 70. By Senators Downing of the 1st, Searcey of the 2nd and Tribble of the 3rd: A bill to prescribe and establish compensation for the Chief Judge and for the Associate Judge of the Municipal Court of Savannah; and for other purposes. The Committee on County and Municipal Governments offered the following amendment: "In section 2 of SB 70, strike the words and figures "ten thousand dollars ($10,000)" and insert in lieu thereof the words and figures "Ninety-Four Hundred Dollars ($9400.00)", so that said section 2, as amended, will read as follows: Section 2. From and after the passage of this Act, the Associate Judge of the Municipal Court of Savannah shall receive a salary of not less than Ninety-Four Hundred Dollars ($9400.00) per annum, to be paid in equal monthly installments out of the Treasury of Chatham County by the County Commissioners of Chatham County and ex-officio judges thereof." 252 JOURNAL OF THE SENATE, On the adoption of the amendment, the ayes were 32, nays 0, and the amendedment 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 64. By Senators Maclntyre of the 40th, Salome of the 36th, Wesberry of the 37th, Coggin of the 35th, Ward of the 39th, Thompson of the 34th and Johnson of the 38th: A bill to amend an act establishing a new charter for the City of Roswell, approved February 9, 1950 (Ga. Laws 1950, p. 2178), as amended, so as to change the corporate limits of said city; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 32, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 77. By Senator Young of the 13th: A bill to amend an act entitled "An act to provide as compensation for the treasurer of Lee County a salary of Seven Hundred Dollars ($700.00) per year, instead of the commissions heretofore allowed by law", approved August 8, 1916 (Ga. Laws 1916, p. 460), as amended, so as to change the compensation of the treasurer; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 32, nays 0. The bill, having received the requisite constitutional majority, was passed. WEDNESDAY, FEBRUARY 17, 1965 253 SB 78. By Senator Young of the 13th: A bill to abolish the present mode of compensating the ordinary of Lee County, Georgia, known as the fee system supplemented by a salary; to provide that the ordinary shall be compensated on a salary basis only in lieu 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 79. By Senators Thompson cf the 34th, Coggin of the 35th, Maclntyre of the 40th, Salome of the 36th, Ward of the 39th, Johnson of the 38th and Wesberry of the 37th: A bill to amend an act entitled "College Park City charter amend ment" so as to provide an alternate pension plan for employees now employed by the City of College Park"; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 32, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 80. By Senators Coggin of the 35th, Thompson of the 34th, Maclntyre of the 40th, Salome of the 36th, Ward of the 39th, Johnson of the 38th and Wesberry of the 37th: A bill to amend an act establishing a new charter for the City of College Park, approved December 16, 1895, and the several acts amenda tory 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. 254 JOURNAL OF THE SENATE, HB 27. By Mr. Evans of McDuffie: A bill to amend an act placing certain county officers of McDuffie County on a salary basis in lieu of a fee basis, so as to change the compensation of the coroner of McDuffie County; and for other pur poses. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 41. By Mr. Smith of Lamar: A bill to amend Code section 21-105 of the Code of Georgia of 1933 relating to fees paid 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 32, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 101. By Mr. Wright of Wilkes: A bill to amend an act abolishing the offices of tax collector and the tax receiver of Wilkes County and creating in lieu thereof the office of tax commissioner, so as to change the provisions authorizing the tax commissioner to compensate a clerical assistant; 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 33, nays 0. The bill, having received the requisite constitutional majority, was passed. WEDNESDAY, FEBRUARY 17, 1965 255 HB 114. By Mr. Coker of Turner: A bill to amend an act creating a new charter for the City of Ashburn, so as to allow the governing body of the City of Ashburn, the mayor and council, to fix and pay the salaries of said mayor and council, within prescribed 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 135. By Mr. Smith of Telfair: A bill to amend the city charter of the City of Milan so as to provide an election code 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 32, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 137. By Mr. Bowen of Dooly: A bill to amend an act found in Ga. Laws 1920, at pages 1705 to 1752, creating a charter for the City of Unadilla, so as to authorize the governing authority of the City of Unadilla to convey certain described property to E. Guy Conner; and for other purposes. The report 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. 256 JOURNAL OF THE SENATE, HB 138. By Mr. Crowe of Worth: A bill to amend an act approved June 30, 1964, entitled "An act to amend, consolidate and supersede the several acts of the General As sembly of the State of Georgia, pertaining to the City of Sylvester", so as to repeal section 5-19, relating to the Council of the City of Syl vester; and for other purposes. The report 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 147. By Mr. Smith of Grady: A bill to amend an act incorporating the City of Cairo, so as to provide that the mayor and council of said city shall have full and complete authority and control over off-street vehicular parking areas; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 156. By Mr. Poss of Madison: A bill to amend an act incorporating the City of Colbert, in the County of Madison, by creating a new 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 31, nays 0. The bill, having received the requisite constitutional majority, was passed. WEDNESDAY, FEBRUARY 17.. J9C5 257 HB 175. By Mr. Marshall of Putnam: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Putnam, so as to change the compen sation of the chairman and 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 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 176. By Mr. Marshall of Putnam: A bill to place the coroner of Putnam County upon 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 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 193. By Mr. Lambert of Morgan: A bill to create and establish the Madison-Morgan County Airport Au thority; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 194. By Mr. Rogers of Long: A bill to amend an act placing the sheriff of Long County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 258 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. The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage: SB 34. By Senators Webb of the llth and Jackson of the 16th: A bill to amend an act approved March 18, 1964 (Ga. Laws 1964, p. 499, at pp. 622, 623) dealing with appointment of members to the Hospital Advisory Council, so as to provide for the selection of mem bership of said Hospital Advisory Council; to repeal conflicting laws; and for other purposes. Senator Webb of the llth offered the following amendment: Amend SB 34 by striking from the first sentence of Section 88-2203, which Section is quoted in Section 1 of said bill, the following: "seventeen (17)", and substituting in lieu thereof "nineteen (19)". By adding between the second and third sentences of said Section the following: "One (1) member shall be appointed by the Governor from the State at large." By adding immediately before that paragraph which reads as fol lows as it appears in said Section 88-2203: "If any of the above associations fail or cease to function, then the Governor shall appoint representatives from such group or groups.", the following: "One (1) member shall be a member of the Georgia State Nurses Association who shall be appointed from a list of three (3) names submitted by the Georgia State Nurses Association, except that in the event the Governor does not desire to appoint a member from the names submitted, the Georgia State Nurses Association shall submit three (3) new names, and the Governor must appoint one (1) from such list of three (3) names or one (1) from the previous list of three (3) names." WEDNESDAY, FEBRUARY 17, 1965 259 By striking the fourth from the last sentence of said Section and substituting in lieu thereof the following: "When such appointments are first made, four (4) of the members of said Advisory Council shall be appointed for terms of one (1) year each; five (5) for two (2) years each; five (5) for three (3) years each; and five (5) for four (4) years each." On the adoption of the amendment, the aye*. were 29, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the pass^g o 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 76. By Senators Hall of the 52nd, Lee of the 47th and Noble of the 19th: A bill to amend an act creating the State Board of Pardons and Paroles, approved Feb. 5, 1943 (Ga. Laws 1943, p. 185), as amended, so as to provide for the arrest and bail under certain circumstances of a condi tional releasee who violates the terms of his conditional release; and for other purposes. The report 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 14. By Messrs. Richardson, Shea and Sewell of Chatham: A bill to amend Code section 27-2505, relating to the date from which the execution of sentences imposed in criminal cases shall be computed, so as to provide that in the case of an indigent defendant a different computation shall be allowed; and for other purposes. 260 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 33, nays 1. The bill, having received the requite constitutional majority, was passed. HB 50. By Mr. Smith ~ Grady: A bill t'- amend an act renaming the Albany Judicial Circuit as the Sou*1 Georgia Judicial Circuit, so as to provide for a supplement to fie compensation of the official court reporter; to provide that the supplement shall be apportioned among the counties comprising said circuit; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 7. By Senators Webb of the llth, Hill of the 29th, Plunkett of the 30th and Kendrick of the 32nd: A bill to create the Georgia State Scholarship Commission; and for other purposes. The Committee on Educational Matters offered the following substitute: A BILL To be entitled an Act to create the Georgia State Scholarship Com mission; to authorize and empower the Commission to activate, inaugu rate and conduct a program to provide for the granting of scholarships to students desiring to pursue a program of study in the paramedical field and other professional and educational fields of study as approved by the Commission, with the exception of the program leading to the degree of Doctor of Medicine; to prescribe the terms and conditions for the granting of such scholarships; to prescribe the membership and officers of the Commission; to provide the appointment or election of said members and officers and their terms in office; to provide for an Executive Director and prescribe his authority and duties; to provide WEDNESDAY, FEBRUARY 17, 1965 261 for the filling of vacancies on the Commission; to provide for meetings of the Commission and establish a quorum requirement for the trans action of business; to prescribe the duties of the Commission; to author ize the appointment of subcommittees to assist in the selection of recipients for scholarships; to provide for compensation for the mem bers of the Commission and subcommittees; to provide for personnel; to authorize and empower the Commission to formulate proper and necessary rules and regulations to carry out the scholarship program, to determine eligibility for scholarships, to determine the amount of such scholarships, to establish the method of payment of scholarship funds to the recipients, to establish terms and conditions for renewal of scholarships, and to prepare and submit to the Governor and General Assembly an annual report of the activities of the Commission; to pro vide for the making of contracts between the Commission and the recipients of scholarships; to provide an effective date for budgets and appropriations; to provide the procedure connected with the foregoing; to repeal an Act creating the Georgia State Scholarship Commission, approved March 18, 1964 (Ga. Laws 1964, p. 699), and to abolish the Commission created thereunder; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA: Section 1. Creation of State Scholarship Commission.--There is hereby created a Commission to be known as the Georgia State Scholar ship Commission, which is authorized and empowered to grant scholar ships to qualified students who are bona fide residents of the State of Georgia and who would not otherwise have funds necessary to finance the cost of a program of study in the paramedical field and other pro fessional and educational fields of study as defined and approved by the Commission, with the exception of the program leading to the degree of Doctor of Medicine. Section 2. Terms and Conditions of Scholarships.--The terms and conditions governing the scholarships shall be prescribed and formu lated by the State Scholarship Commission, but shall include the condi tion that each recipient, upon completion of his course of study, shall repay his scholarship as follows: (1) by practicing his profession in a community in Georgia in need of personnel in the field in which he was trained, for one year for each year the scholarship is financed; or (2) when approved by the Commission, in cash with interest at the rate of six (6%) per cent per annum, said interest to accrue from the date each payment is made. Section 3. Members of the Commission.--The State Scholarship Commission hereby created, shall be the members of the Board of Direc tors of the Georgia Higher Education Assistance Corporation created by an Act of the General Assembly of Georgia with the power, author ity and responsibility to govern and administer the program of the State Scholarship Commission, as provided by law. Section 4. Terms of Members of the Commission.--The terms of office of members of the State Scholarship Commission shall be the 262 JOURNAL OF THE SENATE, same, and run concurrently, with the tsrms of Directors of the Georgia Higher Education Assistance Corporation, as provided by the Act creat ing the Corporation. Section 5. Officers of the Commission.--The officers of the Com mission shall consist of a Chairman, Vice Chairman and Executive Director. The Chairman and Vice Chairman shall be elected by the Commission from its membership. Members of the Commission shall receive as compensation for their services a per diem of twenty ($20.00) dollars and expenses for travel and lodging. The Executive Director of the Commission shall also serve as Treasurer. The Executive Director and Treasurer of the Commission shall be whosoever is serving as the Executive Secretary of the Board of Regents of the University System of Georgia. He shall execute and file with the Commission a surety bond in the sum of twenty-five thou sand ($25,000.00) dollars payable to the State of Georgia and condi tioned upon the faithful performance of his duties. The premium on such bond shall be paid out of funds of the Commission. The Executive Director shall properly account for all funds coming into his hands as Executive Director and Treasurer. He shall keep full, complete and permanent minutes and records of all proceedings and actions of the Commission and subcommittees. He shall be authorized and empowered to operate and carry out the objectives and details of the program. He shall serve without further remuneration. The Commission shall be authorized to employ such professionally qualified personnel as may be necessary to effectuate the purposes of the Commission and of this Act. Section 6. Vacancies in Office.--Vacancies for any cause shall be filled by appointment by the Governor for the remainder of the unexpired term, subject to confirmation by the Senate. All appointments made when the Senate is not in session shall be effective ad interim. Section 7. Meetings.--The Commission shall meet at least once in each fiscal year at regular times established by the Commission, and may meet at such other times as the Chairman may designate by giving at least five (5) days notice. Section 8. Duties of the Commission.--In accordance with the pro visions of this Act, the Commission shall formulate all rules and regu lations necessary for the efficient and effective conduct of the scholar ship program; determine the areas in which specific services are needed; prepare and supervise the issuance of public information concerning the provisions of this Act; prescribe the form and regulate the sub mission of applications for scholarships; conduct any conferences and interviews with applicants which may be appropriate or necessary; determine the eligibility of applicants; provide for and conduct, or cause to be conducted, all examinations of applicants; allow or disallow all applications for scholarships, or renewal of scholarships; contract, increase, decrease, terminate and otherwise regulate all grants for scholarships and their repayment in cash or services; and manage, operate and control all funds appropriated for this purpose. It shall be the further duty of the Commission to approve the community or site of employment selected by recipients who wish to WEDNESDAY, FEBRUARY 17, 1965 263 repay their scholarships in services after the need for such services has been established by a full investigation by the Commission. (a) Eligibility for Scholarship. An applicant may be eligible for the award of a scholarship when the following conditions are met: (1) that he desires a scholarship in an area in which specific services are needed in Georgia; (2) that he is a bona fide resident of Georgia; (3) that his financial resources are such that, in the absence of scholarship aid, he will be unable to pursue the program of study which he desires; (4) that he is a person of good moral character; (5) that he has successfully completed the program of instruc tion prerequisite for admission to the program of study provided for in this Act and has been accepted for admission to a non-profit educational institution approved by the Commission; (6) that he has capacity to profit by the course of study for which he seeks aid. In determining an applicant's capacity to profit by the course of study he desires, the Commission shall consider his previous scholastic record, the results of examinations conducted under the provisions of this Act, and the results of interviews and such other tests or exami nations which the Commission may deem advisable. In establishing an applicant's financial need, the Commission shall conduct a thorough and complete investigation of the financial resources of the applicant and his family. (b) Amount of Scholarship.--The amount of each scholarship grant shall be made in accordance with the average cost of the program of study at accredited and recognized Georgia institutions, not to exceed $1,200.00 per year. (c) Payment of Scholarship Grants.--The method of payment of funds to each recipient of a scholarship grant shall be in accordance with rules formulated by the Commission governing the grants for each type of scholarship. (d) Renewal of Scholarships.--Each scholarship is renewable an nually for the number of years required to complete the course of study in which the recipient is engaged. The Commission shall grant such an annual renewal only upon the recipient's application and upon the Com mission's finding that (1) the recipient has completed successfully the work of the preceding year and presents evidence that he is a student in good standing; (2) he remains a resident of Georgia; and (3) his financial siUiau. i. continues to warrant the award of a scholarship under the standards set forth in this Act. 264 JOURNAL OF THE SENATE, (e) Annual Report of the Commission.--The Commission shall make an annual report to the Governor and General Assembly on the activities of the State Scholarship Commission. This report shall in clude the names of the recipients of the scholarships, the field of study of each recipient, the amount of the scholarship awards, an accounting of the funds expended on scholarships and on the administration of the program and a budget requesting the funds necessary for the opera tion of the Commission. The report shall also include an accounting of repayments of scholarships, whether by services or in cash including six (6%) interest. Section 9. Contracts.--Each applicant, before being granted a scholarship, shall enter into a contract with the State Scholarship Com mission agreeing to the terms and conditions upon which the scholar ship shall be granted to him. Said contract shall include such terms and provisions as will carry out the full purpose and intent of this Act, and the form thereof shall be prepared and approved by the Attorney General of the State of Georgia and shall be signed by the Chairman of the Commission, countersigned by the Executive Director and shall be signed by the applicant. For the purposes of this Act, the disabilities of minority age of all applicants granted scholarships hereunder shall be and the same are hereby removed and the said applicants are de clared to be of lawful age for the purpose of entering into the contract hereinabove provided for, and such contract so executed by any appli cant is hereby declared to be a valid and binding contract as though the said applicant were at least twenty-one (21) years of age. The Commission is hereby vested with full and complete authority and power to sue in its own name any applicant for any balance due the Commission on any contract. The Commission shall have authority to cancel any contract made between it and any recipient of a scholarship upon cause deemed suf ficient by the Commission. Section 10. (a) Budgets and Appropriations.--For budgetary and appropriation purposes the Commission shall specify the various areas of study purposes for which scholarships under this Act may be awarded, request a specific appropriation for each such classification and it is contemplated that the appropriation to the Commission shall be in an amount for each such classification. However, the provisions of this Section shall not become effective until July 1, 1965. (b) Payment of Funds to Commission.--All payments of funds appropriated for scholarships hereunder shall be made at the time funds are needed by requisition of the Commission signed by the Execu tive Director directed to the State Budget Officer who shall thereupon issue a warrant on the Treasury of the State of Georgia for the amount fixed in the requisition and payable to the Executive Director as desig nated thereon, which said warrant upon presentation shall be paid by the Treasurer of the State of Georgia out of any funds appropriated by the General Assembly for the purposes provided for in this Act. Section 11. Specific Repealer.--The Act creating the Georgia State Scholarship Commission, approved March 18, 1964 (Ga. Laws 1964, p. WEDNESDAY, FEBRUARY 17, 1965 265 699), is hereby repealed in its entirety and the Commission created there under is hereby abolished. Section 12. Repealer. 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 31, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Webb of the llth asked unanimous consent that SB 7 be immedi ately transmitted to the House. The consent was granted. SB 8. By Senators Webb of the llth, Plunkett of the 30th, Hill of the 29th and Kendrick of the 32nd: A bill to create the Georgia Higher Education Assistance Corporation; and for other purposes. The Committee on Educational Matters offered the following substitute: A BILL To be entitled an Act to create the Georgia Higher Education Assistance Corporation; to provide for purposes; to provide for defi nitions; to provide for a Board of Directors; to provide for powers and duties; to provide for loans and interest thereon; to provide for repayment of loans; to provide for loan applications; to provide for contributions and deduction from taxes thereof; to provide for tax exemptions; to provide for the establishment of scholastic eligibility for a loan; to provide for examination and reports; to provide for dis solution; to provide for other matters relative to the foregoing; to repeal an Act creating the Georgia Higher Education Assistance Cor poration, approved March 25, 1964 (Ga. Laws 1964, p. 735) and to 266 JOURNAL OF THE SENATE, abolish the Board of Directors created thereunder; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. There is hereby created a non-profit corporation which shall be known as the Georgia Higher Education Assistance Corpora tion. Section 2. The purposes of such Corporation shall be to improve the higher educational opportunities of persons who are residents of the State and who are attending or plan to attend colleges in this State or elsewhere by guaranteeing a loan of funds to such persons to assist them in meeting their expenses of higher education all in accordance with the provisions of this Act and pursuant to the Constitution of this State. Section 3. As used in this Act the following terms shall have the following meanings: 1. "Corporation" shall mean the Georgia Higher Education Assist ance Corporation. 2. "Board" shall mean the Board of Directors of the Georgia Higher Education Assistance Corporation. 3. "College" shall mean any non-profit institution of higher edu cation either within or without the State of Georgia, recognized and approved as such by the Corporation, which provides a course of study leading to the granting of a post-secondary degree or diploma. Section 4. (a) The Corporation shall be governed, and all its corporate powers exercised, by a Board of Directors which shall con sist of members as follows: One member from each Congressional Dis trict in the State, and five additional members from the State at large, appointed by the Governor and confirmed by the Senate. Initially, the Governor shall appoint two members to serve for a period of one year, two members for a term of two years, two members for a term of three years, two members for a term of four years, two members for a term of five years, two members for a term of six years and three members for a term of seven years. Thereafter, all members shall be appointed for seven year terms. Neither the Governor nor any member of the State Board of Regents or State Board of Education shall be a member of the said Board. All members shall serve until their successors are appointed and qualified. All appointive members shall be at least twentyone years of age, citizens of the United States, and residents of Georgia for at least two years. All such members shall take office immediately after their appointment, and their successors shall be appointed at least thirty days prior to the time they are to take office. Members shall be eligible to succeed themselves. In the event of a vacancy on the Board, the Governor shall appoint a person to serve the unexpired term, sub ject to confirmation by the Senate. All appointments made when the WEDNESDAY, FEBRUARY 17, 1965 267 Senate is not in session shall be effective ad interim. Appointive mem bers of the Board shall receive as compensation for their services a per diem of twenty ($20.00) dollars and expenses for travel. Members of the Board who are State employees shall receive no compensation for their services, but shall be reimbursed for expenses incurred by them in the performance of their duties under this Act as hereinafter provided. (b) The officers of the Board of Directors of the Corporation shall consist of a Chairman, Vice-Chairman and Executive Director. The Board shall elect from its own members a Chairman and Vice Chairman who shall serve for terms of one year and who shall be eligible for reelection for successive terms. The Executive Director of the Corporation shall also serve as Treas urer. The Executive Director and Treasurer of the Corporation shall be whosoever is serving as the Executive Secretary of the Board of Regents of the University System of Georgia. He shall execute and file with the Corporation a surety bond in the sum of twenty-five thousand ($25,000.00) dollars payable to the State of Georgia and conditioned upon the faithful performance of his duties. The premium on such bond shall be paid out of funds of the Corporation. The Executive Director shall properly account for all funds coming into his hands as Executive Director and Treasurer. He shall keep full and permanent minutes and records of all proceedings and actions of the Board of Directors. He shall be authorized and empowered to operate and carry out the objec tives and details of the loan program. He shall serve without further remuneration. He shall be authorized to employ with the approval of the Board such qualified personnel as may be necessary to effectuate the purposes of the Corporation and of this Act. (c) The Board shall provide for the holding of regular and special meetings. A majority of the directors shall constitute a quorum for the transaction of any business and, unless a greater number is required by the by-laws of the Corporation, the act of the majority of the di rectors present at any meeting shall be deemed the act of the Board. (d) The Board shall adopt by-laws for the Corporation and shall approve the appointment of such officers and employees as it deems advisable and may fix their compensation and prescribe their duties. (e) The Board may elect an Executive Committee of not less than five members who in intervals between meetings of the Board may transact such business of the Corporation as the Board may, from time to time, authorize. Section 5. The Board shall have the following powers: (1) To guarantee the loan of money upon such terms and condi tions as the Board may prescribe within the limits contained in this Act to persons who are bona fide residents of this State and who are attending or plan to attend colleges in this State or elsewhere to assist them in meeting their expenses of higher education. Provided, however, 268 JOURNAL OP THE SENATE, that no loan to any such person shall be guaranteed in excess of the following amounts: $900.00 for the freshman year; $1,000.00 for the sophomore year; $1,200.00 for the junior year; $1,200.00 for the senior year; $1,500.00 for each graduate year; and a total of not to exceed $7,500.00. Students who are attending or plan to attend college on a parttime basis shall be eligible for guaranteed loans hereunder. The Board shall establish minimum qualifications for a person to be termed a parttime student for the purposes hereof. The Board shall have the power to procure a policy or policies of group life insurance to insure the re payment of loans guaranteed by the Corporation in the event of a death of an individual for whom a loan is guaranteed hereunder. (2) To take, hold and administer, on behalf of the Corporation and for any of its purposes, real property, personal property and monies, or any interest therein and the income therefrom, either absolutely or in trust, for any purposes of the Corporation. The Board may acquire property or monies for such purpose by purchase or lease and by the acceptance of gifts, grants, bequests, devises or loans. Provided, how ever, no obligation of the Corporation shall be a debt of the State and the Corporation shall have no power to make its debts payable out of any monies except those of the Corporation. (3) To enter into contracts with the colleges upon such terms as may be agreed upon between the Corporation and any such college so as to provide for the administration by such college of any loan guar anteed by the Corporation, including applications therefor and repay ment thereof. (4) To sue and be sued in the name of the Corporation. (5) To adopt rules and regulations not inconsistent with law gov erning the application for and administration and repayment of loans guaranteed by the Corporation. (6) To perform such other acts as may be necessary or appropriate to carry out effectively the objectives and purposes of the Corporation as provided in this Act. Any group life insurance policies issued hereunder shall be issued on competitive bids under rules and regulations established by the Corporation. Provided the cost of insurance premiums incurred shall be a part of the principal of the loan of the individual insured. WEDNESDAY, FEBRUARY 17, 1965 269 Section 6. The loans provided herein may be made by commercial banks, savings banks, savings and loan associations, life insurance com panies, credit unions, and retirement and pension systems. Section 7. No loan guaranteed by the Corporation shall bear in terest at a rate in excess of six percent per annum. All of the interest payable on loans guaranteed by the Corporation shall be paid on behalf of and for the account of the borrower, by the Corporation during the period during which the borrower is regularly pursuing the college program for which such loan was made but not to exceed six years from the date such loan was originally made. The borrower shall be liable to the Corporation for all such interest so paid by the Corpora tion, and the Corporation shall be subrogated to the rights of the leader for all interest and any principal paid by it for the account of the borrower. Section 8. The terms and conditions of any loan guaranteed by the Corporation shall not require the borrower to begin the repayment of his loan and any interest which he may be obliged to pay thereon, earlier than one year following his completion or other termination of the college program for which such loan was made, or three months after he becomes regularly employed, or self-employed, following such completion or other termination of his college program, or upon the expiration of seven years from the date such loan was originally made, whichever occurs first. Such borrower shall not be required to repay the principal of any such loan at a rate in excess of $50.00 per month, except in case of default, but the Corporation shall encourage more rapid repayment where practicable. The time for repayment may be deferred for the length of time spent in service with the armed forces, not to exceed two years. Section 9. Acceptance of the applicant by a college shall establish scholastic eligibility for a loan. Section 10. Any person otherwise qualifying for a loan guaranteed by the Corporation shall not be disqualified by reason of being under the age of twenty-one years and for the purpose of applying for, re ceiving and repaying such a loan any such person shall be deemed to have full legal capacity to act and shall have all the rights, powers, privileges and obligations of a person of full age with respect thereto. Section 11. All contributions made to the Corporation shall be deductible for State income tax purposes. Section 12. The property, income, obligations and activities of the Corporation shall be exempt from all State taxation of any type and from all municipal, county or other political subdivision taxation of any type. Section 13. The Corporation shall make an annual report of its condition to the Governor and to the members of the General Assembly on or before December First of each yeear. 270 JOURNAL OF THE SENATE, Section 14. The Corporation and its corporate existence shall con tinue until terminated by law. Section 15. The Act creating the Georgia Higher Education As sistance Corporation, approved March 25, 1964 (Ga. L. 1964, p. 735), is hereby repealed in its entirety and the Board of Directors created thereunder is hereby abolished. Section 16. All laws and parts of laws in conflict with this Act are hereby repealed. Senator Hall of the 52nd offered the following amendment to the committee substitute to SB 8. "Substitute the word fidelity for the word surety wherever it appears." On the adoption of the amendment to the substitute, the ayes were 34, nays 0, and the amendment to the substitute was adopted. Senator Hill of the 29th offered the following amendment: Amend committee substitute to SB 8 by adding between the fourth and fifth sentences of Section 4(a) the following: "Members of the General Assembly shall be eligible to serve as members of said Board."; and By adding at the end of Section 4(a) the following: "Members of the Board who are members of the General As sembly of Georgia shall receive the above from the funds appro priated to or available to the legislative branch of the government." On the adoption of the amendment to the substitute to SB 8, the ayes were 36, nays 0, and the amendment to the substitute was adopted. On the adoption of the substitute, as amended, the ayes were 33, 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 38, nays 0. WEDNESDAY, FEBRUARY 17, 1965 271 The bill, having received the requisite constitutional majority, was passed by substitute as amended. Senator Webb of the llth asked unanimous consent that SB 8 be immedi ately transmitted to the House. The consent was granted. SB 2. 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; and for other purposes. The Committee on Banking and Finance offered the following substitute: AN ACT To provide for the regulation and licensing of the business of sell ing or issuing checks, money orders, other payment instruments or similar payment papers by any person other than a bank or agents of a bank; to provide penalties in connection therewith; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Short Tiitle. This Act shall be known and may be cited as the Georgia Sale-of Checks Act. Section 2. Definitions. (a) For purposes of this Act the following words and terms shall have the meaning hereinafter indicated: (1) "Bank" means banking corporations chartered pursuant to the provisions of Title 13 of the Code of Georgia, Trust Companies organized under Title 109 of the Code of Georgia and National Bank ing Associations organized under Title 12 of the United States Code. (2) "Check" means any check, money order or any other instru ment for the payment or transmission of money whether or not it is a negotiable instrument under the terms of Article 3 (Commercial Paper) of the Uniform Commercial Code (Ga. Laws, 1962, p. 156 et seq., as amended). 272 JOURNAL OF THE SENATE, (3) "Sale" and "selling" consist in the passing of title from the seller or his agent to a holder or remitter for a price. (4) "Person" means any individual, partnership, association, joint stock association, trust or corporation, however organized, but it does not include any government or department or agency thereof. (5) "Superintendent" means the Superintendent of Banks of the Department of Banking. (6) "Licensee" means a person duly licensed by the Superintendent pursuant to this Act. (b) Other statutory definitions applying to this Act are: (1) "Delivery" as defined in Code Section 109A-1-201 (14). (2) "Issue" as defined in Code Section 109A-3-102(l) (a). (3) "Signed" as defined in Code Section 109A-1-201(39). Section 3. License Required. No person, other than a bank, or the agent of a bank, shall engage in the business of selling or issuing checks without having first obtained a license under this Act. This in cludes any non-resident who engages in this State in the business of selling or issuing checks through a bank, subsidiary affiliate or agent in this State any person engaged in such business on the effective date of this Act who files a license application hereunder with the Superintendent within thirty days from the effective date of this Act may continue to engage therein without a license until the Superin tendent has acted upon such application. Section 4. Qualifications. To qualify for a license hereunder, an applicant shall meet the following requirements: (a) Satisfy the Superintendent that he is financially responsible. (b) Comply with the bonding requirements, furnish the statements and pay the fees hereinafter prescribed. Section 5. Applications. Each application for a license shall be in writing and under oath to the Superintendent in such form as he may prescribe and shall include the following: (a) The full name, residence and business address of: (1) The proprietor, if the applicant is an individual. (2) Every partner, trustee or member, if the applicant is a part nership, trust, or other unincorporated organization, however organized, having less than fifty partners, trustees or members, together with the business name and business address of the organization. WEDNESDAY, FEBRUARY 17, 1965 273 (3) If the applicant is a corporation or an unincorporated organi zation, however organized, having fifty members or more, the legal name and principal office address of such corporation or organization, the name, residence and business address of each director, trustee and officer, and if a corporation, the date and place of incorporation. (4) If the applicant has one or more branches, subsidiaries, af filiates, agents or other locations at or through which the applicant proposes to engage in the business of selling or issuing checks, the complete name of each and the address of each such location. (b) Such other data, financial statements and pertinent informa tion as the Superintendent may require with respect to the applicant, its directors, trustees, officers, members, branches, subsidiaries, affili ates or agents. (c) An investigation fee of $250. which shall not be refundable but which, if the license is granted, shall satisfy the license fee require ment for the first license year or the remaining part thereof. (d) A corporate surety bond issued by a bonding company or in surance company authorized to do business in this State and approved by the Superintendent. The bond shall be in the principal sum of $100,000. and in an additional principal sum of $5,000. for each loca tion, in excess of one, at or through which the applicant proposes to engage in this State in the business of selling or issuing checks; but in no event shall the bond be required to be in excess of $250,000. The bond shall be in form satisfactory to the Superintendent and shall run to the State of Georgia for the benefit of any creditors or claimants against the licensee or his agents. The condition of the bond shall be that the licensee will pay any and all moneys that may become due and owing any creditor of or claimant against the licensee arising out of the licensee's business of selling or issuing checks in this State, whether through his own acts or the acts of an agent. The aggregate liability of the surety in no event shall exceed the principal sum of the bond. Claimants against the licensee may themselves bring suit directly on the bond. (e) In lieu of such corporate surety bond or bonds, or of any por tion of the principal thereof, the applicant may deposit with the Super intendent, or with such banks or trust companies or national banks in this State as such applicant may designate and the Superintendent may approve, bonds, notes, debentures, or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States, or of the State of Georgia, or of a municipality, county, school district, or instrumentality of the State of Georgia or guaranteed by this State, to an aggregate amount, based upon principal amount or market value, whichever is lower, of not less than the amount of the required corporate surety bond or portion thereof. The securities shall be deposited as aforesaid and held to secure the same obligations as would the surety bond, but the depositor shall be entitled to receive all interest thereon, shall have the right, with the approval of the Superintendent to substitute other securities for those deposited, and shall be required so to do on written order of the Superintendent 274 JOURNAL OF THE SENATE, made for good cause shown. In the event of the failure or insolvency of such licensee, the securities, any proceeds therefrom, and the funds deposited pursuant to this Section, shall be applied in the first place to the payment in full of claims arising out of transactions in this State for the sale or issuance of checks. Section 6. Investigation; Granting of Licenses. Upon the filing of an application in due form, accompanied by the documents and fee prescribed in Section 5, the Superintendent shall investigate the finan cial responsibility of the applicant. This shall include the applicant's financial condition, financial and business experience, character and general fitness as they relate to his ability to conduct the business of selling or issuing checks honestly, efficiently and responsibly within the purposes and intent of this Act and otherwise in a manner to com mand the confidence and trust of the community. If the Superintendent finds that the qualifications of Section 4 have been met, he shall issue to the applicant a license to engage in the business of selling or issuing checks in this State. A license issued pursuant to this Act shall remain in force and effect through the remainder of the calendar year following its date of issuance unless earlier surrendered, suspended or revoked pursuant to this Act. Section 7. Renewal of Licenses; Annual License Fee. A license may be renewed for the ensuing twelve-month period upon the filing of an application conforming to the requirements of Section 5 with such modifications as the Superintendent may allow. Such renewal application shall be filed on or after June first of the year in which the existing license expires. No investigation fee shall be payable in connection with such renewal application but an annual license fee of $250. shall be paid with each renewal application which shall not be refunded or prorated if the renewal application is approved and the renewal license thereunder goes into effect on the following January first. If a renewal application is filed with the Superintendent before July first of any year, the license sought to be renewed shall continue in force until the issuance by the Superintendent of the renewal license applied for or until twenty days after the Superintendent shall have refused to issue such renewal license. Section 8. Maintenance of Bond or Securities. (a) A licensee shall give notice to the Superintendent by regis tered or certified mail of any action which may be brought against him and of any judgment which may be entered against him by any creditor or any claimant, with respect to a check sold or issued in this State, with details sufficient to identify the action or judgment, within ten days after the commencement of any such action or the entry of any such judgment. The corporate surety shall within ten days after it pays any claim to any creditor or claimant give notice to the Superintendent by registered or certified mail of such payment, with details sufficient to identify the claimant or creditor and the claim or judgment so paid. Whenever the principal sum of such bond is reduced by one or more recoveries or payments thereon, the licensee shall furnish a new or additional bond so that the total or aggregate principal sum of such bond or bonds shall equal the sum required under Section 5(d), or shall furnish an endorsement duly executed by the corporate surety rein- WEDNESDAY, FEBRUARY 11, 1935 275 stating the bond to the required principal sum thereof. The Superin tendent may by reasonable rules and regulations provide for correspond ing measures with respect to deposits made in lieu of a bond under Section 5 (e). (b) A licensee shall give notice to the Superintendent by regis tered or certified mail of any increase in the number of locations at or through which he proposes to engage in the business of selling or issuing checks over the number previously reported under Section 5 (a) (4) in either his original or renewal application and shall show to the Superintendent that the bond or securities required under Sec tions 5(d) or 5(e) have been increased accordingly. This notice shall be given quarterly and, if not given, such new location will not be con sidered as included under the licensee's license under this Act. At any time the Superintendent is shown that a licensee has decreased the number of locations at or through which he proposes to engage in the business, the Superintendent may decrease the bond or security require ments accordingly. (c) A bond filed with the Superintendent for purposes of compli ance with Section 4(b) may not be cancelled either by the licensee or the corporate surety except upon notice to the Superintendent by regis tered or certified mail with return receipt requested, the cancellation to be effective not less than thirty days after receipt by the Superin tendent of such notice and only with respect to any breach of condition occurring after the effective date of such cancellation. Section 9. Agents and Subagents. A licensee may conduct his busi ness at one or more locations in this State, so long as such locations have been included in the licensee's reports under Section 5(a) (4) and Section 8(b), through such agents as he may designate. The Super intendent may, for cause, refuse to approve a licensee's designation of an agent or, for cause, suspend a licensee's designation as an agent. In such cases the agent shall have the same procedural rights as are herein provided for the denial, suspension or revocation of a licensee's license. No additional license than that obtained by the licensee shall be required of any agent of a licensee duly reported. An agent of a licensee shall sell or issue checks only at the location designated in the licensee's report to the Superintendent. Section 10. Rules and Regulations. The Superintendent may make reasonable rules and regulations, not inconsistent with law, necessary or appropriate for the enforcement of this Act, and a violation of any such rule or regulation shall be cause for suspension or revocation of a licensee's license, or the designation of an agent of a licensee. Section 11. Suspension and Revocation of Licenses. The Superin tendent may suspend or revoke an original or renewal license, or the designation of an agent of a licensee, on any ground on which he might refuse to issue an original license, or for a violation of any provision of this Act or any rule or regulation issued under this Act, or for failure of the licensee to pay a judgment recovered in any court, within or without this State, by a claimant or creditor in an action arising out of the licensee's business in this State of selling or issuing checks within thirty days after the judgment becomes final. 276 JOURNAL OF THE SENATE, Section 12. Hearings. No application for a license under this Act shall be denied, and no license granted under this Act shall be suspended or revoked, unless the applicant or licensee be given a reasonable oppor tunity to be heard by the Superintendent. For this purpose the Super intendent shall give the applicant or licensee at least twenty days written notice of the time and place of such hearing by registered or certified mail, addressed to the principal place of business of such applicant or licensee. Any order of the Superintendent denying, sus pending or revoking a license shall state the grounds upon which it is based and shall not be effective for twenty days after its rendition. A copy thereof shall be forwarded promptly by registered or certified mail, addressed to the principal place of business of such applicant or licensee. Section 13. Judicial Review. A decision of the Superintendent de nying a license, original or renewal, shall be subject to judicial review in the same manner as a decision of the Superintendent refusing to issue a permit authorizing the incorporation of a bank. A decision of the Superintendent suspending or revoking a license shall be subject to judicial review in the same manner as a decision of the Superin tendent to take possession of the assets and business of a bank. Section 14. Administrative Procedures. The Georgia Administra tive Procedure Act (Ga. Laws 1964, p. 338 et seq., as amended), shall apply insofar as applicable to the administrative procedures necessary under this Act. Section 15. Assignment of Claims to Superintendent. At the writ ten request of any claimant or creditor of a licensee whose claim is based on a transaction in this State for the sale or issuance of a check subject to regulation under this Act, the Superintendent may, in his discretion, take an assignment of such claim in trust for the benefit of the assigning claimant or creditor and may bring any legal action necessary to collect such claim. Two or more such claims against a licensee may be combined in one such action. Section 16. Civil Liability of Licensee. Every check issued in the conduct of the business regulated by this Act shall be signed by the licensee or his authorized representative, and the licensee shall be liable for the payment thereof to the same extent as a drawer of a negotiable instrument whether or not the check is a negotiable instrument under the terms of Article 3 (Commercial Paper) of the Uniform Commercial Code (Ga. Laws 1962, p. 156, et seq., as amended). Section 17. Prohibited Transactions. (a) No person shall sell checks as an agent of a principal seller when such principal seller is subject to licensing under this Act but has not obtained a license hereunder, and any person who does so shall be deemed to be the principal seller thereof, and not merely an agent, and shall be liable to the holder or remitter as the principal seller. (b) No person, other than a bank, an agent of a bank, a licensee, or an agent of a licensee, shall undertake, in the course of carrying WEDNESDAY, FEBRUARY 17, 1965 277 on the business herein regulated, to receive, transmit or handle money on behalf of another to whom he issues a money order or a similar pay ment paper, and any person who does so shall be liable to the owner of the money order or similar payment paper for the payment thereof to the same extent as a drawer of a negotiable instrument whether or not the money order or similar payment paper is a negotiable instrument under the terms of Article 3 (Commercial Paper) of the Uniform Com mercial Code (Ga. Laws 1962, p. 156 et seq., as amended). Section 18. Criminal Penalties. (a) Any person, other than a bank, an agent of a bank, or an agent of a licensee, who engages in the business of selling or issuing checks in this State without having first obtained a license under this Act shall be guilty of a misdemeanor, and each day he continues in such business without such license shall constitute a separate offense. (b) Any person who shall sell a check as an agent of a principal seller when such principal seller is required to be licensed under this Act but has not been licensed hereunder shall be guilty of a mis demeanor. (c) Any person, other than a bank, an agent of a bank, a licensee, or an agent of a licensee, who shall undertake, in the course of carrying on the business herein regulated, to receive, transmit or handle money on behalf of another to whom he issues a money order or a similar payment paper shall be guilty of a misdemeanor for each such trans action. (d) Any person who knowingly makes any false statement of a material fact in any application, report or statement involved in the administration or enforcement of this Act, or in the course of carrying on the business herein regulated with respect to this compliance with this Act, shall be guilty of a misdemeanor. Section 19. Severability. In the event any section, subsection, sen tence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, 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 unconsti tutional 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 20. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Senator Gordy of the 15th offered the following amendment to the committee substitute to SB 2: 278 JOURNAL OF THE SENATE, Amend committee substitute to SB 2, page 2, section 3, sixth line, by striking the word bank and inserting the word branch and placing a comma after the words branch and subsidiary. On the adoption of the amendment to the substitute, the ayes were 33, nays 0, and the amendment to the substitute was adopted. On the adoption of the substitute as amended, the ayes were 32, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute as amended. Senator Gordy of the 15th asked unanimous consent that SB 2 be immedi ately transmitted to the House. The consent was granted. The following resolutions were read and adopted: SR 50. By Senator Kidd of the 25th: A resolution concerning the need for the continuation of the Veterans Administration Domiciliary located in Thomasville, Georgia; and for other purposes. SR 53. By Senator Kendrick of the 32nd: A resolution expressing regret at the passing of Dr. William H. Kilpatrick; and for other purposes. SR 54. By Senators Johnson of the 42nd and Kidd of the 25th: A resolution commending Mrs. J. J. Stephenson, Jr.; and for other pur poses. WEDNESDAY, FEBRUARY 17, 1965 279 SR 55. By Senator Jackson of the 16th: A resolution extending an invitation to Mr. David Reddick, Miss Maxine Day and Miss Patty Pearce to appear before the Senate; and for other purposes. SR 56. By Senator Webb of the llth: A resolution to provide for reimbursement to the Lieutenant Governor and/or President of the Senate and Secretary of the Senate for certain expenses; and for other purposes. SR 57. By Senator Webb of the llth: A resolution to pay certain secretarial, court reporter and court stenog rapher expenses; and for other purposes. HR 168. By Messrs. McClelland, Brooks and Etheridge of Pulton, Matthews of Clarke and Lee of Clayton: A resolution commending Georgia State College on its 50th Anniversary for the splendid service to the State of Georgia and to the City of Atlanta; and for other purposes. Senator Gordy of the 15th, 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 of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House of Representatives: SB 22. SB 51. SB 54. SB 58. Respectfully submitted, Gordy of the 15th District, Chairman. Senator Webb of the llth moved that the Senate do now adjourn until 11:00 o'clock tomorow morning, and the motion prevailed. The president announced the Senate adjourned until 11:00 o'clock tomorrow morning. 280 JOURNAL OF THE SENATE, Senate Chamber, Atlanta, Georgia, Thursday, February 18, 1965. 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 Right Reverend Monsignor John D. Toomey, monsignor of the St. James Church, Savannah, Georgia. The roll was called and the following senators answered to their names: Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble Owens Padgett Pennington Plunkett Rowan Salome Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young Senator Young of the 13th asked unanimous consent that action on the following bills of the Senate, passed yesterday, be reconsidered: SB 77. By Senator Young of the 13th: A bill to amend an act entitled "an act to provide as compensation for the treasurer of Lee County a salary of seven hundred dollars ($700) per year, instead of the commissions heretofore allowed by law."; and for other purposes. SB 78. By Senator Young of the 13th: A bill to abolish the present mode of compensating the ordinary of Lee County, Georgia, known as the fee system supplemented by a salary; to provide that the ordinary shall be compensated on a salary basis only in lieu thereof; and for other purposes. THURSDAY, FEBRUARY 18, 1965 281 The consent was granted. Senator Young of the 13th asked unanimous consent that the following bills of the Senate be recommitted to the Committee on County and Municipal Governments: SB 77. By Senator Young of the 13th: A bill to amend an act entitled "An act to provide as compensation for the treasurer of Lee County a salary of seven hundred dollars ($700) per year, instead of the commissions heretofore allowed by law."; and for other purposes. SB 78. By Senator Young of the 13th: A bill to abolish the present mode of compensating the ordinary of Lee County, Georgia, known as the fee system supplemented by a salary; to provide that the ordinary shall be compensated on a salary basis only in lieu thereof; and for other purposes. The consent was granted. Senator Ballew of the 50th 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 Webb of the llth 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. 282 JOURNAL OF THE SENATE, The consent was granted. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate to-wit: HE 108. By Messrs. Odom, Hutchinson and Busbee of Dougherty: A resolution authorizing and directing the State Librarian to furnish certain law books for the Dougherty Judicial Circuit; and for other purposes. HB 255. By Mr. Acree of Towns: A bill to amend an act creating the Mountain Judicial Circuit, so as to change the terms of the Superior Court of Towns County; and for other purposes. HB 293. By Mrs. Merritt and Mr. Blair of Sumter: A bill to amend an act creating a new charter for the Town of Leslie, so as to change the hours during which the polls shall be open; and for other purposes. HB 298. By Mr. Mauldin of Franklin: A bill to amend an act authorizing the superior court judge or judges in any county in certain circuits to establish and maintain a law library for the use of the judges, solicitors and other court officials of such county; and for other purposes. SB 17. 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 paid Fire Departments in cities having a certain population; and for other purposes. SB 18. By Senators Ward of the 39th, Johnson of the 38th, and others: A bill to amend the act, to provide pensions to officers and employees of cities of a certain population; and for other purposes. THURSDAY, FEBRUARY 18, 1965 283 SB 19. By Senators Thompson of the 34th, Ward of the 39th, and others: A bill to amend an act establishing a new charter for the City of Atlanta; and for other purposes. SB 20. By Senators Maclntyre of the 40th, Johnson of the 38th, and others: A bill to amend an act, providing for pensions for members of police departments in cities having a certain population; and for other pur poses. HB 43. By Mr. Hale of Dade: A bill to amend an act establishing an Employee's Retirement System of Ga., so as to provide the procedure whereby certain members of the Employee's Retirement System of Ga. may re-establish credits for prior service; and for other purposes. HB 52. By Mr. Tucker of Henry: A bill to amend Code Chapter 26-2601 relating to the several kinds of larceny or theft and the punishment therefor; and for other purposes. HB 150. By Mr. Conger of Decatur: A bill to amend an Act authorizing the chartering and empowering of corporations; and for other purposes. HB 151. By Mr. Conger of Decatur: A bill to amend Code Section 13-2023 relating to the purchase of stocks and investment securities by banks; and for other purposes. HB 152. By Mr. Conger of Decatur: A bill to amend Code Section 13-2015, pertaining to limitations on in vestment in real estate by banks; and for other purposes. HB 153. By Mr. Conger of Decatur: A bill to amend Code Chapter 13-20, relating to the regulation of the business of banking, so as to provide that whenever any change occurs in the outstanding capital stock of any bank incorporated pursuant to the provisions of Code Title 13, the president or other chief execu tive officer of such bank shall promptly report such facts; and for other purposes. 284 JOURNAL OF THE SENATE, HB 281. By Messrs. Busbee of Dougherty, Smith of Emanuel and many others: A hill to provide that the House of Representatives shall consist of 205 members, to provide that such 205 members be apportioned among representative districts with no district having more than 4 members; and for other purposes. HR 132. By Mr. McClelland of Fulton: A resolution proposing an amendment to the Constitution, so as to al low counties or municipal corporations to make repairs of properties or structures not necessarily a part of any slum or blighted area at public expense; and for other purposes. HR 133. By Mr. Clarke of Monroe: A resolution proposing an amendment to the Constitution so as to require notice of candidacy for write-in candidates; and for other pur poses. The following bills and resolutions were introduced, read the first time, and referred to committees: SB 104. By Senators Broun of the 46th and Hall of the 52nd: A bill to amend an act establishing a retirement system for teachers, so as to provide for credit for service in the armed forces to certain members; to provide for the conditions connected with the granting of such credits; and for other purposes. Referred to Committee on Educational Matters. SB 105. By Senator Edenfield of the 4th: A bill to amend Code Section 70-207, relating to the granting of new trials in the event of erroneous charges by the court, so as to provide that if the language given in the charge is substantially the same as requested it need not be given by the court verbatim as requested; and for other purposes. Referred to Commmittee on Judiciary. SB 106. By Senator Dean of the 6th: A bill to amend Code Section 74-9902, relating to abandonment of chil dren and the penalty therefor, so as to change the penalty provisions regarding abandonment; to repeal conflicting laws; and for other purposes. Referred to Committee on Judiciary. THURSDAY, FEBRUARY 18, 1965 285 SB 107. By Senators Edenfield of the 4th, and Yancey of the 33rd: A bill to amend Code Section 26-2606, relating to the punishment for horse stealing, so as to change the punishment for said crime; and for other purposes. Referred to Committee on Judiciary. SB 108. By Senator Rowan of the 8th: A bill to encourage landowners to make land and water areas avail able to the public by limiting the liability in connection therewith; and for other purposes. Referred to Committee on Agriculture & Natural Resources. SB 109. By Senator Smalley of the 28th: 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 superior court or a solicitor general after April 1, 1965; and for other purposes. Referred to Committee on Judiciary. SR 58. By Senator Thompson of the 34th: A resolution proposing that the Governor's Mansion be erected within the State office building complex; and for other purposes. Referred to Committee on Rules. HB 43. By Mr. Hale of Dade: A bill to amend an act establishing an Employee's Retirement System of Georgia approved February 3, 1949, as amended, so as to provide the procedure whereby certain members of the Employee's Retirement System of Georgia may re-establish credits for prior service; and for other purposes. Referred to Committee on Rules. HB 52. By Mr. Tucker of Henry: A bill to amend Code chapter 26-2601, relating to the several kinds of larceny or theft and the punishment therefor, so as to change the punishment for larceny of any automobile, locomobile, motorcycle, motor vehicle, or other kind of vehicle propelled by electricity or gasoline; and for other purposes. Referred to Committee on Judiciary. 286 JOURNAL OP THE SENATE, HB 150. By Mr. Conger of Decatur: A bill to amend an act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present cor poration laws of this State; and for other purposes. Referred to Committee on Banking and Finance. HB 151. By Mr. Conger of Decatur: A bill to amend Code section 13-2023, relating to purchase of stocks and investment securities by banks, so as to provide for the purchase of capital stock in bank service corporations; and for other purposes. Referred to Committee on Banking and Finance. HB 152. By Mr. Conger of Decatur: A bill to amend Code section 13-2015, pertaining to limitations on investment in real estate by banks, so as to provide that no bank doing a commercial business and receiving deposits subject to check, shall lend upon real estate held as investment; and for other purposes. Referred to Committee on Banking and Finance. HB 153. By Mr. Conger of Decatur: A bill to amend Code chapter 13-20, relating to the regulation of the business of banking, so as to provide that whenever any change occurs in the outstanding capital stock of any bank incorporated pursuant to the provisions of Code Title 13, the president or other chief executive officer of such bank shall promptly report such facts; and for other purposes. Referred to Committee on Banking and Finance. HB 255. By Mr. Acree of Towns: A bill to amend an act creating the Mountain Judicial Circuit, so as to change the terms of the Superior Court of Towns County; and for other purposes. Referred to Committee on Judiciary. HB 281. By Messrs. Busbee of Dougherty, Smith of Emanuel, Simpson of Wheeler and others: A bill to provide that the House of Representatives shall consist of 205 members; to provide that such 205 members be apportioned among Representative Districts with no district having more than 4 members; and for other purposes. Referred to Committee on Rules. THURSDAY, FEBRUARY 18, 1965 287 HB 293. By Mrs. Merritt and Mr. Blair of Sumter: A bill to amend an act creating a new charter for the Town of Leslie, so as to change the hours during which the polls shall be open; to change the voting age; and for other purposes. Referred to Committee on County and Municipal Governments. HB 298. By Mr. Mauldin of Franklin: A bill to amend an act authorizing the Superior Court Judge or Judges in any county in this State located in certain judicial circuits to estab lish and maintain a law library for the use of the judges, solicitors and other court officials, so as to provide that said act shall not apply to certain counties within such judicial circuits; and for other purposes. Referred to Committee on Judiciary. HR 108. By Messrs. Odom, Hutchinson and Busbee of Dougherty: A resolution authorizing and directing the State Librarian to furnish certain law books for the Dougherty Judicial Circuit; and for other purposes. Referred to Committee on Judiciary. HR 132. By Mr McClelland of Fulton: A resolution proposing an amendment to the Constitution, so as to allow counties or municipal corporations to make repairs of properties or structures not necessarily a part of any slum or blighted area at public expense under certain conditions; and for other purposes. Referred to Committee on Rules. HR 133. By Messrs. Clarke of Monroe and Jones of Liberty: A resolution proposing an amendment to the Constitution so as to require notice of candidacy for write-in candidates; and for other pur poses. Referred to Committee on Rules. The following bills and resolutions were read the second time: SB 90. By Senator Kidd of the 25th: A bill to provide that it shall be unlawful for any person to wrong fully take, obtain, withhold or use for any purpose whatsoever, any scientific data, design, plan or, in general any other article, which 288 JOURNAL OF THE SENATE, concerns or relates to the trade secrets, processes, operations, style of work, or apparatus of any person, firm, partnership, association or corporation; and for other purposes. SB 91. By Senator Kidd of the 25th: A bill to amend an act creating the Claims Advisory Board, so as to change the provisions relative to the time limitations on filing notices of claims and the introduction of resolutions; and for other purposes. SB 92. By Senator Kidd of the 25th: A bill to amend Code Section 34-806, relating to the conduct of special elections, so as to provide that the thirty day period between the call of a special election and the holding of same shall apply to the filling of a vacancy in public office; and for other purposes. SB 93. By Senator Kidd of the 25th: A bill to amend Code Section 34-802, relating to certain public offi cials being elected at the November election, so as to provide that such Section shall not apply to members of county governing authorities under certain circumstances; and for other purposes. SB 94. By Senator Kidd of the 25th: A bill to amend Code Section 109-102, so as to provide that upon the payment of two hundred thousand dollars into any trust company, the Superintendent of Banks must issue his certificate of approval thereto; and for other purposes. SB 95. By Senator Kidd of the 25th: A bill to provide that suretyship contracts may not contain professions whereby the surety may seek to indemnify himself from loss in excess of fifty per cent of the liability contracted for in the surety contract; and for other purposes. SB 96. By Senator Kidd of the 25th: A bill to amend Code Section 53-102, defining what persons shall be able to contract marriage, as amended, so as to remove the disability "impotency", that will render a person unable to contract marriage; and for other purposes. SB 97. By Senator Kidd of the 25th: A bill to amend Code Chapter 30-1, relating to the granting of divorces, as amended, so as to provide the rights and disabilities of the parties THURSDAY, FEBRUARY 18, 1965 289 in certain divorce actions and exceptions thereto; to provide for legis lative findings and a declaration of necessity; and for other purposes. SB 98. By Senator Pennington of the 45th: A bill to amend an act creating the Georgia Milk Commission and defining its duties, powers and membership and regulating the sale of milk, and known as the "Milk Control Act", so as to express the true original legislative intent of said Act of February 17, 1959, transferring said Milk Commission to the Department of Agriculture; and for other purposes. SB 99. By Senator Hall of the 52nd: A bill to amend an act known as the "Floyd County Employees' Pen sion Code", so as to change the number of years of service required to qualify for benefits under the retirement plan; and for other pur poses. SB 100. By Senator Ben Johnson of the 42nd: A bill to amend Code Section 13-901, relating to the incorporation of banks and applications for bank charters and the contents thereof, as amended, so as to provide that the par value of each share of capital stock of banks incorporated pursuant to Code Chapter 13-9 shall be not less than one dollar; and for other purposes. SB 101. By Senator Kendrick of the 32nd: A bill to amend an act known as the Unemployment Compensation Law, as amended, by providing that no individual shall be deprived of benefits by the act of an unauthorized agent; and for other purposes. SB 102. By Senators Loggins of the 53rd, Fincher of the 51st, Kendrick of the 32nd, Moore of the 31st, Johnson of the 38th, and Johnson of the 42nd: A bill to create the Metropolitan Atlanta Rapid Transit Authority; and for other purposes. SB 103. By Senators Wesberry of the 37th, Johnson of the 38th, Salome of the 36th, and others: A bill to amend an act establishing a new charter for the City of Atlanta, and the several Acts amendatory thereof; and for other pur poses. 290 JOURNAL OF THE SENATE, SR 49. By Senator Kidd of the 25th: A resolution requesting the Secretary of Health, Education and Wel fare to make changes in certain regulations; and for other purposes. SR 51. By Senators Loggins of the 53rd, Fincher of the 51st, Kendrick of the 32nd, and Moore of the 31st: A resolution creating a Rapid Transit Study Committee; and for other purposes. SR 52. By Senator Pennington of the 45th: A resolution proposing an amendment to Article VII, Section II, Paragraph 1-A of the Constitution, relating to the production, market ing, sale, use and utilization, processing and improvement of agricul tural products, so as to provide that the General Assembly may delegate its powers with respect thereto to any Agricultural Commodity Com mission or other state agency established by law; to provide for the submission of this amendment for ratification or rejection; and for other purposes. HB 5. By Messrs. Snow of Walker, Clarke of Monroe, Smith of Camden, Blair of Sumter, Shea of Chatham, Rowland of Johnson and Fulford of Terrell: A bill delegating home rule powers to the municipalities of this State under the authority granted the General Assembly by the Constitution of Georgia, Article XV, Section I, Paragraph I; and for other purposes. HB 34. By Messrs. Matthews of Clarke, Newton of Colquitt, Bai'ber of Jack son, Matthews of Colquitt and others: A bill to authorize the State Personnel Board to provide a Health In surance Plan for county employees of the State Department of Family and Children Services; and for other purposes. HB 48. By Mr. Etheridge of Fulton: A bill to amend an act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide for additional exemptions from the taxes imposed by said Act; and for other purposes. HB 80. By Mr. Brooks of Fulton: A bill to provide that the manufacturer of any personal property sold as a new property, either directly or through some other person, shall be deemed to impart certain implied warranties to any person handling THURSDAY, FEBRUARY 18, 1965 291 or using said personal property and the ultimate consumer, unless the contrary is expressly provided; and for other purposes. HB 84. By Mr. Brooks of Fulton: A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", so as to exempt hoat trailers with a gross weight of 2000 Ibs. or less from being equipped with brakes; and for other pur poses. HB 170. By Messrs. Hull of Richmond, Jones of Muscogee, Jones of Liberty, and many others: A bill to provide that where any judge presides in the trial of a case in any circuit other than his own, or where any judge emeritus or judge pro hac vice presides in the trial of any case, such judge may issue orders, and herein determine all motions for new trial, etc.; and for other purposes. HB 189. By Mr. Ross of Lincoln: A bill to amend Code section 92-4101, relating to the limitation of ad valorem taxation by municipal corporations, so as to provide that the City of Lincolnton shall not be affected by the provisions of Code sections 92-4101 through 92-4104; and for other purposes. HB 216. By Messrs. Matthews and Bedgood of Clarke and Jones of Bibb: A bill to provide for the issuance by the State Revenue Commissioner of special license tags to motor vehicle owners who operate citizens' band radio stations; and for other purposes. HB 220. By Mr. Melton of Spalding: A bill to amend the charter of the City of Griffin, by enlarging the present city boundaries and the corporate limits by the annexation of certain described property adjacent to the present city limits; and for other purposes. HB 221. By Mr. Melton of Spalding: A bill to amend the charter of the City of Griffin, so as to provide that elections under this charter shall be in charge of an election manager appointed by the city manager; and for other purposes. HB 224. By Messrs. Overby and Williams of Hall: A bill to amend Code section 24-2714, relating to the duties of the clerks of the superior court, so as to increase the distance from the 292 JOURNAL OF THE SENATE, courthouse where materials incidental to the clerk's duties may be stored; and for other purposes. HB 257. By Mr. Bynum of Rabun: A bill to amend an act creating a retirement system for State employees, so as to provide that certain employees of the Maintenance Division of the State Highway Department shall be eligible to become members of said system under certain circumstances; and for other purposes. HB 261. By Messrs. Story of Gwinnett and Moore of Polk: A bill to amend an act entitled "an act to establish a retirement sys tem for aged and incapacitated teachers in the State Public Schools; and other State supported schools;" so as to change certain provisions relative to contributions and service credit; and for other purposes. HB 262. By Messrs. Story of Gwinnett and Moore of Polk: A bill to amend an act establishing a retirement system for teachers in the State Public Schools and other State Supported Schools, so as to change certain provisions relative to retirement on disability and certain benefits; and for other purposes. HB 263. By Mr. Rowland of Johnson: A bill to abolish the present mode of compensating the sheriff of John son County, known as the fee system; and for other purposes. HB 264. By Messrs. Harris and Smith of Glynn: A bill to amend an act to consolidate and regulate public instruction in the County of Glynn, so as to more clearly define the scope and extent of the annual audit of the books and financial transactions of the Board of Education of Glynn County; and for other purposes. HB 265. By Messrs. Blalock and Potts of Coweta: A bill to create and establish the Newnan-Coweta Airport Authority; and for other purposes. HB 266. By Messrs. Potts and Blalock of Coweta: A bill to amend an act creating a new charter for the City of Newnan in the County of Coweta, so as to authorize the city clerk to issue an execution as other tax executions in the amount of the license fee due; and for other purposes. THURSDAY, FEBRUARY 18, 1965 293 HB 267. By Mr. Leonard of Murray: A bill to amend an act creating a new charter for the City of Chatsworth, so as to authorize and empower the mayor and aldermen to sell or lease a certain block of land within said city; and for other purposes. HB 270. By Mr. McClelland of Fulton: A bill to amend the act creating a joint city county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more, according to the U. S. census of 1950, so as to increase the salaries of the members of the joint board of tax assessors; and for other purposes. HB 271. By Mr. Hale of Bade: A bill to amend Code chapter 26-63 relating to obscene pictures and writ ten material, so as to provide that any person who shall knowingly sell or exhibit, lend, give away, or who shall have possession of porno graphic or obscene material to any person under age 18 shall be guilty of a felony; and for other purposes. HB 275. By Messrs. Ware of Troup, Houston of Pierce and Ballard of Newton: A bill to provide that it shall be unlawful for any person, firm or corporation engaged in the business of selling any type of merchandise in the State of Georgia to promise a consideration, either cash or otherwise, to a buyer of such merchandise for providing the names or other information relative to other prospective purchasers of such merchandise, unless the promise of such consideration is contained in the contract of sale between the seller and the buyer; and for other purposes. HB 276. By Messrs. Ballard and Spillers of Newton: A bill to amend an act placing the sheriff of the Superior Court of Newton County upon an annual salary, so as to increase the compensa tion of the chief deputy; and for other purposes. HB 277. By Mr. Hudgins of Chattahoochee: A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Chattahoochee County, so as to change the compensa tion of the clerk; and for other purposes. HB 280. By Mr. Dailey of Randolph: A bill to provide that the ordinary of Randolph County be placed on a salary basis in lieu of a fee basis; and for other purposes. 294 JOURNAL OP THE SENATE, HB 286. By Messrs. Duncan, Jordan and McDaniell of Cobb: A bill to amend an act creating a court to be known as the "Civil and Criminal Court of Cobb County", so as to extend the jurisdiction of said court to certain cases involving injury to the person; and for other purposes. HR 18. By Mr. Pope of Cherokee: A resolution to compensate Walter Lee Keller; and for other purposes. HR 19. By Mr. Irvin of Habersham: A resolution to compensate Mr. Cliff Pitts; and for other purposes. HR 26. By Mr. Lee of Clayton: A resolution to compensate Grover Jackie Darnell; and for other pur poses. HR 40. By Messrs. Chandler and Harrington of Baldwin: A resolution compensating Miss Kay Fondren; and for other purposes. HR 41. By Mr. Harris of DeKalb: A resolution to compensate Ginger Salads, Inc.; and for other purposes. HR 42. By Mr. Hall of Lee: A resolution compensating the Lee County Board of Education; and for other purposes. HR 45. By Mr. Brooks of Fulton: A resolution compensating E. C. A. Forsberg; and for other purposes. HR 49. By Mr. Lewis of Burke: A resolution compensating Seaborn Jones; and for other purposes. HR 53. By Messrs. Vaughan and Harris of Bartow: A resolution to compensate Frank C. Dysart; and for other purposes. THURSDAY, FEBRUARY 18, 1965 295 HR 70. By Mr. Arnsdorff of Effingham: A resolution to compensate C. R. Clifton; and for other purposes. HR 77. By Mr. Bagby of Paulding: A resolution to compensate Mr. H. C. Holland; and for other purposes. HR 79. By Mr. Watkins of Gilmer: A resolution to compensate J. Harvey Burgess; and for other purposes. HR 82. By Mr. Byrd of Walton: A resolution compensating Mr. Arthur Juhan; and for other purposes. HR 83. By Mr. Simmons of Banks: A resolution to compensate Mr. Ted Roberts; and for other purposes. HR 84. By Mr. Tucker of Henry: A resolution compensating Mr. T. W. Craig; and for other purposes. HR 85. By Mr. Walker of Lowndes: A resolution compensating Hiram Bembry; and for other purposes. HR 89. By Mr. Etheridge of Fulton: A resolution compensating Edward F. Graham; and for other purposes. HR 90. By Mr. Etheridge of Fulton: A resolution to compensate Ryder Truck Rental, Inc.; and for other purposes. HR 94. By Messrs. Mitchell and Smith of Whitfield: A resolution to compensate Dwight M. Beaty, Jr.; and for other pur poses. HR 106. By Mr. Smith of Telfair: A resolution authorizing the conveyance of a certain tract of stateowned property located in Telfair County; and for other purposes. 296 JOURNAL OF THE SENATE, HR 110. By Mrs. Merritt and Mr. Blair of Sumter: A resolution authorizing the conveyance of a tract of state-owned property located in Sumter County; and for other purposes. HR 123. By Mr. Rush of Tattnall. A resolution designating the J. Cliff Kennedy-Reverend Reid B. Purcell Bridge; and for other purposes. HR 124. By Mr. Rush of Tattnall: A resolution to compensate Honorable Henry C. Kennedy, clerk of the Superior Court of Tattnall County and City Court of Reidsville; for certain services rendered; and for other purposes. HR 128. By Messrs. Brooks of Oglethorpe, Johnson of Warren, Bynum of Rabun, Kelly of Jasper, Ployd of Chattooga, Paris of Barrow, Milhollin of Coffee and Brantley of Candler: A resolution requesting Congress to call a Convention for the purpose of proposing an amendment to the Constitution of the United States; and for other purposes. HR 143. By Messrs. Etheridge and Brooks of Pulton: A resolution authorizing the transfer of certain real property located in Pulton County, Georgia; and for other purposes. Mr. Yancey of the 33rd District, Secretary 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 Secretary, to report the same back to the Senate with the following recommendations: SB 28. Do Pass. HB 56. Do Pass. HB 87. Do Pass as Amended. HB 89. Do Pass. HB 91. Do Pass. THURSDAY, FEBRUARY 18, 1965 297 HB 92. Do Pass. HB 96. Do Pass. Respectfully submitted, Yancey of 33rd District, Secretary. Mr. Smalley of the 28th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. President: Your Committee on Judiciary has had under consideration the following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation: SB 38. Do Pass as Amended. Respectfully submitted, Smalley of 28th 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 Agriculture and Natural Resources has had under con sideration the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation: HB 48. Do Pass. Respectfully submitted, Jackson of 16th District, Chairman. Mr. Pennington of the 45th District, Chairman of the Committee on Agri culture & Natural Resources, submitted the following report: Mr. President: Your Committee on Agriculture and Natural Resources has had under con sideration the following bills and resolution of the Senate and House and has 298 JOURNAL OF THE SENATE, instructed me as Chairman, to report the same back to the Senate with the following recommendations: SB 6. Do Pass as Amended. SB 98. Do Pass. SR 52. Do Pass. HB 62. Do Pass. Respectfully submitted, Pennington of 45th District, Chairman. Mr. Fincher of the 51st District, Secretary of the Committee on Public Utilities and Transportation, submitted the following report: Mr. President: Your Committee on Public Utilities and Transportation has had under con sideration the following 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 102. Do Pass. HB 15. Do Pass. Respectfully submitted, Fincher of 51st District, Secretary. Mr. Kidd of the 25th District, Vice-Chairman of the Committee on Public Utilities and Transportation, submitted the following report: Mr. President: Your Committee on Public Utilities and Transportation has had under con sideration the following bill of the Senate and has instructed me as ViceChairman, to report the same back to the Senate with the following recom mendation : SB 63. Do Pass. Respectfully submitted, Kidd of 25th District, Vice-Chairman. THURSDAY, FEBRUARY 18, 1965 299 The following local, uncontested bills, favorably reported by the committees, were read the third time, and put upon their passage. SB 83. By Senator Kilpatrick of the 44th: A bill to amend an act establishing the charter for the City of Forest Park, Georgia, and the several acts amendatory thereto; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 205. By Mr. Ross of Lincoln: A bill to amend an act creating and establishing a new charter for the City of Lincolnton, so as to change the method of electing councilmen; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 211. By Mr. Bowen of Dooly: A bill to abolish the present mode of compensating the clerk of the superior court, the sheriff and the ordinary of Dooly 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 40, nays 0. The bill, having received the requisite constitutional majority, was passed. 300 JOURNAL OF THE SENATE, HB 215. By Messrs. Matthews and Bedgood of Clarke: A bill to amend an act entitled "An act to amend the charter of the Town of Athens", so as to authorize the mayor and council by ordinance to assess the cost of labor of installing storm sewer or drainage pipe against the abutting property owner; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 253. By Mr. Lewis of Wilkinson: A bill to create a new charter for the City of Gordon, Georgia; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed. The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage: SB 38. By Senator Webb of the llth: A bill to amend an act known as the "Georgia Administrative Procedure Act", approved March 10, 1964 (Ga. Laws 1964, p. 338) so as to change certain definitions; to change certain provisions relating to notice, hearing and record in contested cases and to provide that the Secretary of State may engage the services of privately owned firms to compile, index and publish rules of agencies defined in said act; and for other purposes. The Committee on Judiciary offered the following amendment: Amend SB 38 by striking in the eighth line of the Title of said Bill the words: THURSDAY, FEBRUARY 18, 1965 301 "shall have certain powers", and inserting in lieu thereof the words: "shall follow certain procedures". By adding to the next from the last line of said title after the words "in its entirety", and before the words "to repeal conflicting laws", the words "to change the effective date of said Act". By renumbering Section 18 as Section 19 and inserting a new Section 18 to read as follows: "Section 18. Said Act is further amended by striking from Section 24 the word and figure "April 1" and inserting in lieu thereof the word and figure "July 1", so that when so amended Section 24 shall read as follows: 'Section 24. This Act shall become effective July 1, 1965, but shall not apply to contested cases pending at that time.'" 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 37, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. SR 7. By Senators Broun of the 46th, Webb of the llth and Coggin of the 35th: A RESOLUTION Proposing an amendment to the Constitution so as to provide home rule for counties; to provide for the procedures connected therewith; 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 GEORGIA: 302 JOURNAL OP THE SENATE, Section 1. Article XV of the Constitution is hereby amended by adding a new Section to be designated "Section II" and to read as follows: "SECTION II. "Paragraph 1. Home Rule for Counties. (a) The governing authority of each county shall have legis lative power to adopt clearly reasonable ordinances, resolutions or regulations relating to its property, affairs and local govern ment for which no provision has been made by general law and which is not inconsistent with this Constitution, or any local law applicable thereto. Any such local law shall remain in force and effect until amended or repealed as provided in Subparagraph (b). This, however, shall not restrict the authority of the General As sembly by general law to further define this power or to broaden, limit or otherwise regulate the exercise thereof. The General As sembly shall not pass any local law to repeal, modify or supersede any action taken by a county governing authority under this Sec tion except as authorized under Subparagraph (c) hereof. (b) Except as provided in Subparagraph (c), a county may, as an incident of its home rule power, amend or repeal the local acts applicable to its governing authority by following either of the procedures hereinafter set forth: 1. Such local acts may be amended or repealed by a resolution or ordinance duly adopted at two regular consecutive meetings of the county governing authority not less than seven nor more than sixty days apart. A notice containing a synopsis of the proposed amendment or repeal shall be published in the official county organ once a week for three weeks within a period of sixty days immedi ately preceding its final adoption. Such notice shall state that a copy of the proposed amendment or repeal is on file in the office of the clerk of the superior court of the county for the purpose of examination and inspection by the public. No amendment or repeal hereunder shall be valid to change or repeal an amendment adopted pursuant to a referendum as provided in 2. of this Subparagraph or to change or repeal a local act of the General As sembly ratified in a referendum by the electors of such county unless at least twelve months have elapsed after such referendum. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made there for by general law. 2. Amendments to or repeals of such local acts or ordinances, resolutions or regulations adopted pursuant to Subparagraph (a) hereof may be initiated by a petition filed with the ordinary of the county containing the signatures of at least ten per centum of the electors of the county registered to vote in the last general election, which petition shall specifically set forth the exact lan guage of the proposed amendment or repeal. The ordinary shall THURSDAY, FEBRUARY 18, 1965 303 determine the validity of such petition. In the event the ordinary determines that such petition is valid, it shall be his duty to issue the call for an election for the purpose of submitting such amend ment or repeal to the registered electors of the county for their approval or rejection. Such call shall be issued not less than ten nor more than thirty days after the date of the filing of the petition. He shall set the date of such election for a day not less than sixty nor more than ninety days after the date of such filing. The ordinary shall cause a notice of the date of said election to be published in the official organ of the county once a week for three weeks immediately preceding such date. Said notice shall also contain a synopsis of the proposed amendment or repeal and shall state that a copy thereof is on file in the office of the ordinary of the county for the purpose of examination and inspection by the public. If more than one-half of the votes cast on such question are for approval of the amendment or repeal, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the county and it shall be the duty of the ordinary to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections, except as other wise provided herein. It shall be the duty of the ordinary to can vass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State in accordance with the provisions of Paragraph 4 of this Section. A referendum on any such amendment or repeal shall not be held more often than once each year. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law. (c) The power granted to counties in Subparagraphs (a) and (b) above shall not be construed to extend to the following mat ters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law, or the subject of local acts of the General Assembly to the extent that the enactment of such local acts is otherwise permitted under this Constitution. 1. Action affecting any elective county office or the personnel thereof other than the county governing authority. 2. Action affecting the composition, form, procedure for elec tion or appointment, compensation, and expenses and allowances in the nature of compensation, of the county governing authority. 3. Action defining any criminal offense or providing for crimi nal punishment. 4. Action adopting any form of taxation beyond that author ized by law or by this Constitution. 5. Action expanding the power of regulation over any busi ness activity regulated by the Public Service Commission beyond that authorized by local or general law or by this Constitution. 304 JOURNAL OF THE SENATE, 6. Action affecting the exercise of the power of eminent do main. 7. Action affecting any court or the personnel thereof. 8. Action affecting any public school system. (d) The power granted in Subparagraphs (a) and (b) of this Paragraph shall not include the power to take any action affecting the private or civil law governing private or civil relationships, except as is incident to the exercise of an independent governmental power. (e) Nothing in this Paragraph shall affect the provisions of Paragraphs 2 and 3 of this Section. "Paragraph 2. Salary of County Employees; How Fixed. The governing authority of each county is authorized to fix the salary, compensation and expenses of those employed by such governing authority and to establish and maintain retirement or pension sys tems, insurance, workmen's compensation, and hospitalization bene fits for said employees. "Paragraph 3. County Planning and Zoning. The governing authority of each county is empowered to enact for unincorporated areas of the county appropriate planning and zoning ordinances for public safety, historic, health, business, residential, and recrea tional purposes. Such governing authority is hereby authorized to establish planning and zoning commissions separately or in con junction with any combination of other counties and municipalities of this State and adjoining states. The General Assembly is hereby authorized to provide by law for such joint planning and zoning commissions and provide the powers and duties thereof. Such gov erning authority is hereby authorized to participate in the costs of such planning commission. "Paragraph 4. Filing and Publication of Laws. No amend ment or revision of any local act made pursuant to Paragraph 1 of this Section shall become effective until a copy of such amendment or revision, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which such notice was published to the effect that said notice has been published as provided in said Paragraphs, has been filed with the Secretary of State. The Secretary of State shall provide for the publication and distribution of all such amendments and revisions at least annually." 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. THURSDAY, FEBRUARY 18, 1965 305 The ballot submitting the above proposed amendment shall have written or printed thereon the following: "YES ( ) Shall the Constitution be amended so as NO ( ) to provide home rule for counties?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No." 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 Maclntyre of the 40th offered the following amendment: Amend paragraph B, subparagraph 1, line 12, after word public. Add following: "The clerk of the Superior Court shall furnish anyone, upon written request, a copy of the proposed amendment or repeal." On the adoption of the amendment, the ayes were 35, nays 0, and the amend ment was adopted. Senator Maclntyre of the 40th offered the following amendment: Amend paragraph 3, subparagraph 2, line 22, after word public, add following: "The ordinary shall furnish anyone, upon written request, a copy of the proposed amendment or repeal." On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted. Senator Tribble of the 3rd offered the following amendment: Amend SR 7 by striking from Section 2, paragraph 1, subparagraph (b), subsection 2, the words "The ordinary shall determine the validity of such petition", and inserting in lieu thereof the following: "The ordinary shall determine the validity of such petition within 60 days of its being filed with the ordinary". By adding a new paragraph at the end of the aforementioned sub section, to read as follows: 306 JOURNAL OF THE SENATE, "In the event that the ordinary determines that such petition was not valid, he shall cause to be published in explicit detail the reasons why such petition is not valid; provided, however, that in any proceeding in which the validity of the petition is at issue, the tribunal considering such issue shall not be limited by the reasons assigned. Such publication shall be in the official organ of the county in the week immediately following the date on which such petition is declared to be not valid." On the adoption of the amendment, the ayes were 35, nays 0, and the amend ment was adopted. The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended. The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows: Those voting in the affirmative were Senators: Adams Ballew Bateman Broun Carter Dean Downing Edenfield Eldridge Fincher of 54th Foster Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Moore McGill Noble Owens Padgett Pennington Plunkett Rowan Salome Sanders Smalley Smith Thompson Tribble Ward Webb Wesberry Young Voting in the negative was Senator Yancey. By unanimous consent, verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 46, nays 1. The resolution, having received the requisite constitutional two-thirds ma jority, was adopted as amended. THURSDAY, FEBRUARY 18, 1965 307 SR 42. By Senators Broun of the 46th and Webb of the llth: A RESOLUTION Proposing an amendment to the Constitution so as to change the provisions relating to the powers of county government; 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 striking Article VIII, Section IV in its entirety and substituting in lieu thereof a new Section IV to read as follows: "SECTION IV "Paragraph I. Powers of County Government. The General Assembly may authorize any county to exercise the power of tax ation for any public purpose as authorized by law or by this Con stitution, and unless otherwise provided by this Constitution or by law no levy need state the particular purposes for which the same was made nor shall any taxes collected be allocated for any par ticular purpose, unless expressly so provided by the General As sembly or this Constitution. "Paragraph II. Purposes of Taxation. In addition to such other powers and authority as may be conferred upon any county by this Constitution or by the General Assembly, counties are hereby authorized to exercise the power of taxation for the follow ing purposes, which are hereby declared to be public purposes, and expend funds raised by the exercise of said powers for said pur poses and such other public purposes as may be authorized by the General Assembly: 1. Pay the expenses of administration of the county govern ment. 2. Acquire, construct, maintain, improve, or aid in the acquisi tion, construction, maintenance, or improvement of public buildings, bridges, parks, recreation areas and facilities, libraries, streets, sidewalks, roads, airports, docks, facilities for mass transit system for the transportation of passengers for hire, and other properties for public use; and to acquire any real property or any interest therein in connection with the foregoing. 3. Provide for the operation of the courts, the maintenance and support of prisoners, and the handling of litigation affecting the county. 4. Establish and conduct public health and sanitation pro grams and provide for the collection and preservation of records and vital statistics. 308 JOURNAL OF THE SENATE, 5. Establish and maintain a county police department. 6. Provide medical or other care and hospitalization for the indigent sick and to support paupers. 7. Pay county agricultural and home demonstration agents and conduct programs utilizing the services of such agents. 8. Establish and conduct programs of welfare benefits and public assistance as may be provided by law. 9. Provide fire protection for forest lands and conserve na tural resources. 10. Provide insurance, retirement and pension benefits, cover age under Federal Old Age and Survivors' Insurance programs, hospitalization benefits, and workmen's compensation benefits for its officers and employees, their dependent and survivors, and for public school teachers and personnel, their dependents and sur vivors; provided that all such payments for public school teachers and personnel, their dependents and survivors, shall be paid from education funds. 11. Establish and maintain a recreation system. 12. To provide for paying the principal and interest of any debt of the county and to provide a sinking fund therefor. 13. To provide for reasonable reserves for public improve ments as may be fixed by law. 14. To provide for the support and maintenance of public schools, public education, and activities necessary and incidental thereto, including school lunches, as provided in Article VIII of this Constitution, upon the assessed value of all taxable property with in the county, exclusive of any independent school system therein. "Paragraph III. Establishment of Taxing Districts. Except under the authority of a general or local law, a county governing authority may not district a county to provide water, sewerage, garbage, electricity, gas or fire protection services. Such services shall be authorized by an act of the General Assembly establishing, or authorizing the establishment of, a special district or districts therefor, and authorizing such county to levy a tax only upon the taxable property in such districts for the purpose of constructing and maintaining facilities therefor, conditioned upon the assent of a majority of the qualified voters of any such proposed district voting in an election for that purpose held as provided by law. "Paragraph IV. Eminent Domain. Any county is hereby au thorized to exercise the power of eminent domain for any public purpose." THURSDAY, FEBRUARY 18, 1965 309 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: "YES ( ) Shall the Constitution be amended so as to NO ( ) change the provisions relating to the powers of county governments?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against rati fying the proposed amendment shall vote "No." 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 Carter of the 14th offered the following amendment: Amend SR 42 by inserting in section IV, paragraph I, line 4, be tween the words "by" and "law", the word "general". 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, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows: Those voting in the affirmative were Senators: Ballew Bateman Broun Carter Dean Downing Edenfield Eldridge Fincher of 54th Foster Gayner Gillis Gordy Hall Hill 310 JOURNAL OF THE SENATE, Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kilpatrick Lee Loggins Maclntyre Miller Minish Moore Noble Owens Padgett Pennington Plunkett Rowan Salome Sanders Smalley Smith Thompson Tribble Ward Webb Wesberry Yancey Young 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. SR 43. By Senators Broun of the 46th and Webb of the llth: A RESOLUTION Proposing an amendment to the Constitution so as to redefine the power of the General Assembly relative to creating county commis sioners; 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. The Constitution is hereby amended by striking Article VI, Section XVII in its entirety and redesignating Article VI, Section XVIII as Section XVII and by adding immediately after Article XI, Section II, Paragraph II a new Paragraph to be designated Paragraph III to read as follows: "Paragraph III. Power to Create County Commissioners.-- The General Assembly may create county commissioners in any county by local act, which shall include the authority to create a single county commissioner. Such commissioners may be designated commissioners of roads and revenues if so provided in such act. Such commissioners shall be the governing authority of the county and such local act shall provide the qualification, terms and com pensation thereof. Such commissioners shall have the powers and duties provided in this Constitution and such powers and duties as may be provided in such local act. In prescribing such powers and duties, the local act may grant such commissioners any or all of the powers and duties provided by general law for the ordinary THURSDAY, FEBRUARY 18, 1965 311 when serving as governing authority of the county, but such com missioners may not be granted any other powers or duties which are in conflict with the provisions of any general law. County com missioners may be elected by the electors of the entire county or by the electors of the districts represented, or may be appointed, in such manner as may be provided by local 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 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: "YES ( ) Shall the Constitution be amended so as to redefine NO ( ) the power of the General Assembly relative to creat ing county commissioners?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against rati fying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, 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: Ballew Bateman Broun Coggin Dean Downing Edenfield Eldridge Fincher of 54th Foster Gayner Gillis Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Minish Moore Noble Padgett Pennington Plunkett 312 Rowan Smalley Thompson JOURNAL OP THE SENATE, Tribble Ward Webb Wesberry Young Those voting in the negative were Senators: Carter Gordy Miller Sanders Smith By unanimous consent, verification of the roll call was dispensed. On the adoption of the resolution, the ayes were 38, nays 5. The resolution, having received the requisite constitutional two-thirds ma jority, was adopted. SB 65. By Senator Holley of the 22nd: A bill to amend Code section 84-207, relating to certification of ac countants, as amended particularly by an act approved March 28, 1935 (Ga. Lav/a 1935, p. 85), so as to change the qualifications required applicants for certification as certified public accountants; to provide effective dates; to repeal conflicting laws; and for other purposes. The Committee on Banking and Finance offered the following substitute: A BILL To be entitled an Act to amend Code Section 84-207, relating to cer tification of accountants, as amended particularly by an Act approved March 28, 1935 (Ga. Laws 1935, p. 85), and an Act approved March 19, 1943 (Ga. Laws 1943, p. 363), so as to change the qualifications re quired applicants for certification as certified public accountants; to provide effective dates; to repeal conflicting laws; and for other pur poses. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 84-207, relating to certification of ac countants, as amended particularly by an Act approved March 28, 1935 (Ga. Laws 1935, p. 85), and an Act approved March 19, 1943 (Ga. Laws 1943, p. 363), is hereby amended by striking Code Section 84-207, as it now appears, and inserting in lieu thereof a new Code Section 84-207 to read as follows: THURSDAY, FEBRUARY 18, 1965 313 "84-207. Qualifications of applicants for certification.-- (a) Applicants for certificates as certified public accountants must be citizens of the United States and residents of this State, over the age of twenty-one years, and of good moral character. (b) Applicants for a certificate as a certified public account ant who first apply to sit for the examination prior to June 30, 1967, must have completed at least a four-year high school course, or have received the equivalent in commercial experience in account ing prior to the date of application, the value of any such experi ence to be determined by the Board. Such applicants must have had at least three years continuous experience in public accounting immediately preceding the date of issuance of the certificate. The Board may, in its discretion, accept four years continuous practice or employment by the Federal Government or this State in the examination of financial records, in lieu of two of such years ex perience in public accounting, or may accept evidence of sufficient technical education in accounting in lieu of one year of such prac tical experience in public accounting, the sufficiency of any such education or experience to be determined by the Board. The Board may waive the requirement of three years continuous experience in public accounting if the applicant has had at least five years of practical experience in public accounting and the last year of such experience is immediately preceding the issuance of the cer tificate : (c) Applicants for a certificate as a certified public account ant who first apply to sit for the examination after June 30, 1967, and prior to June 30, 1969, shall present with their applications such evidence as may be required by the Board that they have (1) successfully completed not less than a two year course of study in one or more colleges or universities, or (2) have been graduated from a junior college, accredited by a recognized national or regional accrediting organization recognized by the Board, or what the Board determines to be substantially the equivalent of (1) or (2) above. Such applicant must otherwise meet all requirements of (a) and (b) above, relating to citizenship, residence, age, character, and experience. (d) Applicants for a certificate as a certified public account ant who first apply to sit for the examination after June 30, 1969, shall present with their applications such evidence as may be re quired by the Board that they have received a baccalaureate degree, or completed the requirements therefor, conferred by a college or university, accredited by a recognized national or regional accredit ing organization recognized by the Board, with a major in account ing, or what the Board determines to be substantially the equivalent of the foregoing; or with a nonaccounting major, supplemented by what the Board determines to be substantially the equivalent of an accounting major, including related courses in other areas of business administration. Such applicants must also meet the re quirements of (a) above, relating to citizenship, residence, age and character. Practical experience of such applicants shall be two years continuous experience in public accounting immediately pre- 314 JOURNAL OP THE SENATE, ceding the date of issuance of the certificate; and, provided, further, the Board may, in its discretion, accept two years continuous prac tice or employment by the Federal Government or this State in the examination of financial records, in lieu of one of such years experience in public accounting; and provided further, the Board may accept evidence that the applicant has received a master's degree in accounting, or the equivalent, in lieu of one of such years practical experience in public accounting, if such degree was con ferred by a recognized institution, as set forth above. The substi tution of both governmental experience and a master's degree may not be accepted, and nothing herein is intended to remove the minimum requirement that all applicants must have at least one year's practical experience in public accounting to be eligible to be certified. (e) The Board may, in its discretion, waive the educational requirement specified in (b), (c) or (d) above for any applicant if it is satisfied from the result of a special written examination given the applicant by the Board to test his educational qualifica tions that he is as well equipped, educationally, as if he met the applicable educational requirement; and provided further, the Board may provide for the general scope for such special written examination to test the applicant's educational qualifications by regulation, not inconsistent with this Chapter." Section 2. This Act shall become effective upon its approval by the Governor, or at such other time as it may become law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Senator Tribble of the 3rd offered the following amendment to the committee substitute for SB 65: Amend committee substitute for SB 65 by striking subsection (e) of Section 1 in its entirety and inserting in lieu thereof the following: "(e) The Board shall waive the educational requirement speci fied in (b), (c) or (d) above for any applicant if such applicant shall pass a special written examination given the applicant by the Board to test his educational qualifications; and provided further, the Board may provide for the general scope for such special writ ten examination to test the applicant's educational qualifications by regulation, not inconsistent with this Chapter." On the adoption of the amendment to the substitute, the ayes were 34, nays 0, and the amendment to the substitute was adopted. THURSDAY, FEBRUARY 18, 1965 316 On the adoption of the substitute as amended, the ayes were 36, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, 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 by substitute as amended. Senator Holley of the 22nd asked unanimous consent that SB 65 be immedi ately transmitted to the House. The consent was granted. SB 6. By Senators Lee of the 47th, Pennington of the 45th and Padgett of the 23rd: A bill to amend Code chapter 84-15, relating to the regulation of the practice of veterinary medicine, as amended, so as to completely and exhaustively revise the laws relating to the practice of veterinary medicine; and for other purposes. The Committee on Agriculture and Natural Resources offered the following amendment: Amend SB 6 by striking in its entirety the last sentence of the Preamble to Code Chapter 84-15, which Preamble is quoted in Section 1 of said Bill, so that when so amended the Preamble shall read as follows: "Preamble "This Chapter is enacted as an exercise of the powers of the state to promote the public health, safety and welfare by safe guarding the people of this state against incompetent, dishonest or unprincipled practitioners of veterinary medicine." On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was adopted. 316 JOURNAL OP THE SENATE, The Committee on Agriculture and Natural Resources offered the following amendment: Amend SB 6 by inserting before the first comma of the first sen tence of Subsection (a) of Section 84-1504 the following: "with the approval of the Secretary of State and confirmed by the Senate", so that when so amended the first sentence of Subsection (a) of Section 84-1504 shall read as follows: "84-1504. (a) A Board of Veterinary Medicine shall be ap pointed by the Governor with the approval of the Secretary of State and confirmed by the Senate, which shall consist of five members, each appointed for a term of five years or until his suc cessor is appointed, except that the terms of the first appointees may be for shorter periods to permit a staggering of terms whereby one term expires each year." By striking from Subparagraph 5 of Subsection (d) of Section 84-1504 the following sentence: "The Board may require by subpoena the attendance and testi mony of witnesses and the production of papers, records, or other documentary evidence and may commission depositions.", by deleting in its entirety Subparagraph 6 of Subsection (d) of Section 84-1504, by renumbering Subparagraphs 7 through 9 of Subsection (d) of Section 84-1504 as Subparagraphs 6 through 8, respectively, by striking renumbered Subparagraph 6 of said Subsection in its entirety and substituting in lieu thereof a new Subparagraph 6 to read as follows: "6. Appoint from its own membership one member to act as a representative of the Board at any meeting within or without the state where such representative is deemed desirable." By striking from Section 84-1507 the last sentence of the first para graph which reads as follows: "A person desiring to take an examination shall make applica tion at least 60 days before the date of the examination." By striking in its entirety Section 2 and substituting in lieu there of a new Section 2 to read as follows: "Section 2. The provisions of this Act shall become effective on July 1, 1965." On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment was adopted. THURSDAY, FEBRUARY 18, 1965 317 Senator Pincher of the 51st offered the following amendment: Amend SB 6 by adding at the end of Section 84-1503 (b) 5 the following: "This shall not be construed to authorize the sale of medicines which must be obtained by a prescription from a pharmacist, but shall only include the right to sell those medicines which are classi fied as proprietary and which are commonly known as over-thecounter medicines." So that when so amended Section 84-1503 (b) 5 shall read as follows: "5. Any merchant or manufacturer selling at his regular place of business medicines, feed, appliances or other products used in the prevention or treatment of animal diseases. This shall not be construed to authorize the sale of medicines which must be obtained by a prescription from a pharmacist, but shall only include the right to sell those medicines which are classified as proprietary and which are commonly known as over-the-counter medicines." 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 bill as amended, was agreed to as amended. On the passage of the bill, the ayes were 38, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. SB 28. By Senators Coggin of the 35th and Salome of the 36th: A bill to amend Code chapter 9-1, relating to applicants for admission to the practice of law, as amended, particularly by an act approved Feb. 15, 1952 (Ga. Laws 1952, p. 150), so as to change the educational requirements for applicants for admission to the practice of law; 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. 318 JOURNAL OF THE SENATE, The bill, having received the requisite constitutional majority, was passed. The following resolution was read and adopted: SR 59. By Senators Holloway of the 12th, Carter of the 14th, Hill of the 29th, Gillis of the 20th, Flowers of the 10th, Gayner of the 5th, Webb of the llth and Smalley of the 28th: A resolution electing Honorable Holcombe H. Perry of Dougherty County as a member of the "State Election Board"; and for other purposes. SB 63. By Senator Jackson of the 16th: A bill providing that no member of a train crew, yard crew or engine crew of a railroad shall be held personally responsible or found guilty of violating certain State laws or municipal ordinances regulating or intended to regulate the occupying or blocking of any street, road or highway crossing-at-grade; and for other purposes. Senator Yancey of the 33rd moved that SB 63 be postponed until February 23, 1965. On the motion to postpone, the ayes were 31, nays 5, and the motion pre vailed. HB 15. By Messrs. Richardson, Shea and Sewell of Chatham, White of McIntosh and others: A bill to authorize public and private corporations of and in the State of Georgia to make applications for the right to establish, operate, maintain and establish, operate and maintain foreign-trade zones in or adjacent to ports of entry; and for other purposes. The report 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. THURSDAY, FEBRUARY 18, 1965 319 SB 9. By Senators Broun of the 46th, Lee of the 47th and Minish of the 48th: A bill 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 gasoline; and for other purposes. The Committee on Judiciary offered the following substitute: 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 gasoline; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF 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 gasoline shall be a felony; and any person convicted therefor shall be punished by imprisonment in the penitentiary for not less than three (3) years nor more than seven (7) years." 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 35, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. 320 JOURNAL OF THE SENATE, HB 62. By Mr. Dean of Polk: A bill completely and exhaustively revising, superseding and consolidat ing the laws relating to the State Game and Pish Commission, so as to provide for honorary fishing licenses for totally disabled veterans who are resident 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 32, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Gordy of the 15th, 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 2. SB 7. SB 8. SB 34. SB 64. SB 65. SB 70. SB 76. SB 79. SB 80. SR 50. SR 53. Respectfully submitted, Gordy of the 15th District, Chairman. THURSDAY, FEBRUARY 18, 1965 321 The following resolutions were read and adopted: SR 60. By Senators Wesberry of the 37th, Johnson of the 38th, Thompson of the 34th, Salome of the 36th, Maclntyre of the 40th, Ward of the 39th and Coggin of the 35th: A resolution commending Alan F. Kiepper; and for other purposes. SR 61. By Senators Wesberry of the 37th and Edenfield of the 4th: A resolution commending T. Malone Sharpe; and for other purposes. Senator Webb of the llth moved that the Senate do not 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. 322 JOURNAL OP THE SENATE, Senate Chamber, Atlanta, Georgia, Friday, February 19, 1965. The Senate met pursuant to adjournment at 10:30 o'clock this morning, and was called to order by the president. Scripture reading and prayer was offered by the chaplain, Reverend Norman Lovein, chaplain of the Columbus Medical Center, Columbus, Georgia. By unanimous consent, the call of the roll was dispensed with. Senator Young of the 13th 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 Webb of the llth asked unanimous consent that the following be established as the order of business for today: 1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions. The consent was granted. Senator Lee of the 47th asked unanimous consent that the following bill be withdrawn from the Committee on Judiciary and recommitted to the Committee on County and Municipal Governments: FRIDAY, FEBRUARY 19, 1965 323 HB 298. By Mr. Mauldin of Franklin: A bill to amend an act authorizing the superior court judge or judges in any county in this State located in certain judicial circuits to estab lish and maintain a law library for the use of the judges, solicitors and other court officials, so as to provide that said act shall not apply to certain counties within such judicial circuits; and for other purposes. The consent was granted. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate to-wit: SB 30. By Senators Thompson of the 34th, Salome of the 36th, and others: A bill to provide that in certain counties the chief judge of the Superior Court may provide that all sheriff's sales of personal property may be held at a place other than the Court House; and for other purposes. SB 32. By Senators Salome of the 36th, Coggin of the 35th and others: A bill to amend an act to establish a method for providing fire pre vention systems in the unincorporated portion of Fulton County, so as to provide for payment for fire protection from the general funds of Fulton County; and for other purposes. HB 299. By Mr. Etheridge of Fulton: A bill to amend an act incorporating Union City; and for other pur poses. HB 301. By Mr. Wright of Wilkes: A bill to amend an act entitled "An act to establish a board of com missioners of roads and revenues of Wilkes County", so as to provide that the chairman of the board of commissioners of roads and revenues of Wilkes County shall, by virtue of his office, be the road superin tendent and the county warden of Wilkes County; and for other pur poses. 324 JOURNAL OF THE SENATE, HB 302. By Mr. Phillips of Columbia: A bill to fix, allow and provide for the compensation of the Clerk of the Superior Court, the Sheriff and the Tax Commissioner of Columbia County; and for other purposes. HB 303. By Mr. Phillips of Columbia: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Columbia, so as to change the compensa tion of the chairman and executive officer of said board; and for other purposes. HB 304. By Mr. Tidwell of Crawford: A bill to abolish the present method of compensating the sheriff of Crawford County known as the fee system; and for other purposes. HB 306. By Messrs. Harris and Smith of Glynn: A bill to amend an act creating the City Court of Brunswick, so as to change the compensation of one of the sheriff's deputies; and for other purposes. HB 307. By Messrs. Harris and Smith of Glynn: A bill to amend an act placing the sheriff of Glynn County on a salary basis in lieu of a fee basis; and for other purposes. HB 308. By Mr. Maddox of Gordon: A bill to amend an act to change the compensation of the sheriff of Gordon County, from a fee basis to a salary basis; and for other pur poses. HB 309. By Messrs. Harris and Smith of Glynn: A bill to amend an act creating the City Court of Brunswick, so as to change the compensation of the Judge of the City Court of Brunswick; and for other purposes. HB 310. By Mr. Maddox of Gordon: A bill to authorize certain counties 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 for other purposes. FRIDAY. J-^BRUARY 19, 1965 325 HB 315. By Messrs. O"Ser and Dollar of Decatur: A bill to amend an act creating a new city charter for the City of Bainbridge, so as to provide for the creation of the office of city manager for the City of Bainbridge; and for other purposes. HB 316. By Mr. Otwell of Forsyth: A bill changing the compensation of the Sheriff and the Clerk of the Superior Court of Forsyth County from the fee system to the salary system, so as to change the compensation of the Sheriff of Forsyth County; and for other purposes. HB 317. By Mr. Otwell of Forsyth: A bill to amend an act creating a Charter for the City of Gumming, so as to provide for permanent registration under certain circum stances; and for other purposes. HB 318. By Mr. Otwell of Forsyth: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Forsyth County, so as to remove the provisions relative to per diem for attendance at special meetings; and for other purposes. HB 323. By Messrs. Conger and Dollar of Decatur: A bill to amend an act incorporating the Town of Brinson in Decatur County, so as to provide for biennial rather than annual elections; and for other purposes. HB 326. By Messrs. Milhollin and Williams of Coffee: A bill to amend Code chapter 24-34, relating to court costs in civil cases, so as to provide that no clerk of any court in certain counties shall file any civil action unless an advance court cost shall be deposited with the action; and for other purposes. HB 327. By Messrs. Blalock and Potts of Coweta: A bill to amend an act establishing a City Court of Newnan, so as to change the compensation allowed the Solicitor of said Court for a secretary; and for other purposes. HB 328. By Messrs. Nessmith and Lane of Bulloch: A bill to amend an act changing the compensation of the sheriff of Bulloch County from a fee system to a salary system, so as to change the provisions relating to the deputy sheriffs; and for other purposes. 326 JOURNAL OF TH^ SENATE, HB 329. By Messrs. Nessmith and Lane of Bulloch: A bill to amend an act placing the clerk of the Suptvior Court of Bul loch County on an annual salary, so as to provide for an administra tive assistant for said clerk or two other assistants in lieu of said administrative assistant; and for other purposes. HB 330. By Messrs. Nessmith and Lane of Bulloch: A bill to amend an act consolidating the offices of tax receiver and tax collector of Bulloch County into the one office of tax commissioner, so as to provide for assistants; and for other purposes. HB 331. By Mr. Anderson of Pulaski: A bill to place the sheriff of Pulaski County upon an annual salary in lieu of the fee system of compensation, to provide for personnel with in the sheriff's office; and for other purposes. HB 332. By Mr. Anderson of Pulaski: A bill to place the Clerk of the Superior Court of Pulaski County upon an annual salary in lieu of the fee system; and for other purposes. HB 333. By Mr. Anderson of Pulaski: A bill to place the ordinary of Pulaski County upon an annual salary in lieu of the fee system of compensation, to provide for personnel within the ordinary's office; and for other purposes. HB 334. By Mr. Anderson of Pulaski: A bill to amend an act creating the office of commissioner of roads and revenues of Pulaski County, so as to change the compensation of the commissioner of roads and revenues; and for other purposes. HB 335. By Mr. Anderson of Pulaski: A bill to amend an act creating a new charter for the City of Hawkinsville, so as to authorize the commissioners of the City of Hawkinsville to abandon, close by ordinance, sell and convey certain land; and for other purposes. HB 338. By Messrs. Bedgood and Matthews of Clarke: A bill to limit and regulate the municipal authorities of this State, except so far as relate to the City of Savannah, so as to provide that FRIDAY, FEBRUARY 19, 1965 327 the mayor and council of the City of Athens shall be empowered to levy and collect for the ordinary current expenses of said municipal corporation of an annual ad valorem tax upon the property within said corporation not in excess of 9.8 of one per cent; and for other purposes. HB 346. By Mr. Bagby of Paulding: A bill to amend an act creating the office of tax commissioner of Paulding County, so as to change the compensation of the clerk; and for other purposes. HB 347. By Mr. Wilson of Brantley: A bill to abolish the present mode of compensating the sheriff of Brantley County, known as the fee system, to provide in lieu thereof an annual salary; and for other purposes. HB 348. By Mr. Wilson of Brantley: A bill to amend an act providing for a treasurer of Brantley County so as to change the compensation of said treasurer; and for other purposes. HB 300. By Mr. Johnson of Warren: A bill to amend an act entitled "An act to incorporate the town of Warrenton, and to provide for the election of Commissioners for the same, so as to change the dates for making tax returns; and for other purposes. HB 324. By Messrs. Spillers and Ballard of Newton: A bill to amend an act providing a board of directors and a commis sioner of roads and revenues for Newton County, so as to increase the compensation of the commissioner; and for other purposes. HB 13. By Messrs. Richardson, Shea and Sewell of Chatham: A bill to provide that it shall be unlawful to possess any lottery ticket or similar device used in connection with a device or scheme to hazard money or other articles of value; and for other purposes. HB 73. By Messrs. Overby and Williams of Hall, and others: A bill to amend Code Section 42-205, relating to the imposition of an inspection fee and exemptions from inspection fees for certain classes of commercial feeding stuffs, so as to change the amount of the inspec tion fee; and for other purposes. 328 JOURNAL OF THE SENATE, HB 144. By Messrs. Ross of Lincoln, Wright of Wilkes, and others: A bill to amend an act creating the office of Judge of the Superior Court Emeritus, so as to provide for the appointment as Judge Emeritus of certain former judges who are totally disabled; and for other pur poses. HB 169. By Messrs. Hull of Richmond, Jones of Muscogee, and others: A bill to amend Code Section 24-2727, relating to the fees allowed clerks of the superior courts, so as to redefine the fees allowed with respect to preparing the record for transmission to the supreme court and court of appeals; and for other purposes. HB 313. By Mr. Walker of Lowndes: A bill to amend an act establishing a State Commission on Aging so as to provide for an additional member of the State Commission on Aging; and for other purposes. HR 116. By Mr. Richardson of Chatham: A resolution proposing an amendment to the Constitution so as to authorize the governing authorities of the various counties and munici palities to enact planning and zoning ordinances for public safety, historic, health, business, residential and recreational purposes; and for other purposes. The House has adopted the following resolution of the House to-wit: HR 179. By Mr. Mauney of White: A resolution congratulating Honorable Charles N. Maloof; and for other purposes. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House to-wit: HB 57. By Mr. Hull of Richmond: A bill to amend an act creating the Mineral Leasing Commission, so as to increase the membership of the commission; and for other purposes. FRIDAY, FEBRUARY 19, 1965 329 The following bills and resolutions were introduced, read the first time, and referred to committees: SB 110. By Senators Smalley of the 28th and Kilpatrick of the 44th: A bill to amend an act creating the office of solicitor-general emeritus and the Solicitors-General Retirement Fund of Georgia, so as to remove the provisions relating to the date and time during which a solicitorgeneral may pay for and receive credit for service in the armed forces of the United States; and for other purposes. Referred to Committee on Judiciary. SB 111. By Senator Padgett of the 23rd: A bill to amend an act entitled "An act to change from the fee to a salary system in certain counties in Georgia having a population of not less than 135,000 inhabitants nor more than 140,000 inhabitants under the 1960 United States census or any subsequent census", so as to increase the compensation of treasurer of Richmond County; and for other purposes. Referred to Committee on County and Municipal Governments. SB 112. By Senators Sanders of the 41st, and Miller of the 43rd: A bill to amend an act revising, superseding and consolidating the laws relating to the governing authority of DeKalb County, so as to change the method of electing certain members of the Board of Com missioners; to change the boundaries of the commission districts; and for other purposes. Referred to Committee on County and Municipal Governments. SB 113. By Senators Gayner of the 5th, Holloway of the 12th, and Webb of the llth: A bill to amend Section 13-1009 of the Code of Georgia of 1933, so as to permit additional capital stock to be issued without first being offered to stockholders; and for other purposes. Referred to Committee on Banking and Finance. SB 114. By Senator Edenfield of the 4th: A bill to amend an act placing the solicitor-general of the Ogeechee judicial circuit on an annual salary, so as to increase the compensation of the solicitor-general of Ogeechee judicial circuit; and for other pur poses. Referred to Committee on County and Municipal Governments. 330 JOURNAL OF THE SENATE, SB 115. By Senators Yancey of the 33rd, Edenfield of the 4th, and Kilpatrick of the 44th: A bill to amend Code Section 27-2501, relating to the reduction of punishment for certain felonies to misdemeanor punishment, so as to prescribe that the punishment for certain felonies may be reduced to misdemeanor punishment upon the recommendation of the jury; to provide the procedure connected therewith; and for other purposes. Referred to Committee on Judiciary. HB 13. By Messrs. Richardson, Shea and Sewell of Chatham: A bill to provide that it shall be unlawful to possess any lottery ticket or similar device used in connection with a device or scheme to hazard money or other articles of value; and for other purposes. Referred to Committee on Rules. HB 73. By Messrs. Williams and Overby of Hall, Pope of Cherokee, Luke of Richmond, Hudgins of Chattahoochee and others: A bill to amend Code section 42-205, relating to the imposition of an inspection fee and exemptions from inspection fees for certain classes of commercial feeding stuffs, so as to change the amount of the inspec tion fee; and for other purposes. Referred to Committee on Agriculture and Natural Resources. HB 144. By Messrs. Ross of Lincoln, Wright of Wilkes, Evans of McDuffie and others: A bill to amend an act creating the office of judge of the Superior Court Emeritus, so as to provide for the appointment as judge emeritus of certain former judges who are totally disabled; and for other pur poses. Referred to Committee on Rules. HB 169. By Messrs. Hull of Richmond, Jones of Muscogee; Jones of Liberty and many others: A bill to amend Code Section 24-2727 relating to the fees allowed clerks of the superior courts, so as to redefine the fees allowed with respect to preparing the record for transmission to the supreme court and court of appeals; and for other purposes. Referred to Committee on Rules. HB 299. By Mr. Etheridge of Pulton: A bill to amend an act incorporating Union City, relating to elections; and for other purposes. Referred to Committee on Judiciary. FRIDAY, FEBRUARY 19, 1965 331 HB 300. By Mr. Johnson of Warren: A bill to amend an act entitled "An act to incorporate the Town of Warrenton, in Warren County, and to provide for the election of com missioners for the same", so as to change the dates for making tax returns; and for other purposes. Referred to Committee on County and Municipal Governments. HB 301. By Mr. Wright of Wilkes: A bill to amend an act entitled "An act to establish a board of com missioners of roads and revenues of Wilkes County", so as to provide that the chairman of the board shall, by virtue of his office, be the road superintendent and the county warden of Wilkes County; and for other purposes. Referred to Committee on County and Municipal Governments. HB 302. By Mr. Phillips of Columbia: A bill to fix, allow and provide for the compensation of the clerk of the superior court, the sheriff and the tax commissioners of Columbia County; to provide for the collection, disposition and accounting of all fees; emoluments and perquisites; and for other purposes. Referred to Committee on County and Municipal Governments. HB 303. By Mr. Phillips of Columbia: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Columbia, so as to change the com pensation of the chairman and executive officer of said board; and for other purposes. Referred to Committee on County and Municipal Governments. HB 304. By Mr. Tidwell of Crawford: A bill to abolish the present method of compensating the sheriff of Crawford County known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 306. By Messrs. Harris and Smith of Glynn: A bill to amend an act creating the City Court of Brunswick, so as to change the compensation of one of the sheriff's deputies; and for other purposes. Referred to Committee on County and Municipal Governments. 332 JOURNAL OF THE SENATE, HB 307. By Messrs. Harris and Smith of Glynn: A bill to amend an act placing the sheriff of Glynn County on a salary basis in lieu of a fee basis, so as to change the compensation of a deputy of the sheriff; and for other purposes. Referred to Committee on County and Municipal Governments. HB 308. By Mr. Maddox of Gordon: A bill to amend an act to change the compensation of the sheriff of Gordon County, so as to change the compensation of the sheriff; and for other purposes. Referred to Committee on County and Municipal Governments. HB 309. By Messrs. Harris and Smith of Glynn: A bill to amend an act creating the City Court of Brunswick, so as to change the compensation of the judge; and for other purposes. Referred to Committee on County and Municipal Governments. HB 310. By Mr. Maddox of Gordon: A bill to authorize certain counties 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 for other purposes. Referred to Committee on County and Municipal Governments. HB 313. By Mr. Walker of Lowndes: A bill to amend an act establishing a State Commission on Aging, so as to provide for an additional member of the State Commission on Aging; and for other purposes. Referred to Committee on Health and Welfare. HB 315. By Messrs. Conger and Dollar of Decatur: A bill to amend an act creating a new city charter for the City of Bainbridge, so as to provide for the creation of the office of city man ager; and for other purposes. Referred to Committee on County and Municipal Governments. HB 316. By Mr. Otwell of Porsyth: A bill to amend an act changing the compensation of the sheriff and the clerk of the Superior Court of Forsyth County from the fee system FRIDAY, FEBRUARY 19, 1965 333 to the salary system, so as to change the compensation of the sheriff; and for other purposes. Referred to Committee on County and Municipal Governments. HB 317. By Mr. Otwell of Forsyth: A bill to amend an act creating a charter for the City of Gumming, so as to provide for permanent registration under certain circum stances; and for other purposes. Referred to Committee on County and Municipal Governments. HB 318. By Mr. Otwell of Forsyth: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Forsyth County so as to remove the provisions relative to per diem for attendance at special meetings; to provide for an expense allowance; and for other purposes. Referred to Committee on County and Municipal Governments. HB 323. By Messrs. Conger and Dollar of Decatur: A bill to amend an act incorporating the Town of Brinson in Decatur County, so as to provide for biennial rather than annual elections; and for other purposes. Referred to Committee on County and Municipal Governments. HB 324. By Messrs. Ballard and Spillers of Newton: A bill to amend an act providing a board of directors and a commis sioner of roads and revenues for Newton County, so as to increase the compensation of the commissioner; and for other purposes. Referred to Committee on County and Municipal Governments. HB 326. By Mr. Milhollin of Coffee: A bill to amend Code chapter 24-34, relating to court costs in civil cases, so as to provide that no clerk of any court in certain counties shall file any civil action unless an advance court cost shall be deposited with the action; and for other purposes. Referred to Committee on County and Municipal Governments. HB 327. By Messrs. Blalock and Potts of Coweta: A bill to amend an act establishing a City Court of Newnan, so as to change the compensation allowed the solicitor of said court for a secretary; and for other purposes. Referred to Committee on County and Municipal Governments. 334 JOURNAL OP THE SENATE, HB 328. By Messrs. Nessmith and Lane of Bulloch: A bill to amend an act changing the compensation of the sheriff of Bulloch County from a fee system to a salary system, so as to change the provisions relating to the deputy sheriffs; and for other purposes. Referred to Committee on County and Municipal Governments. HB 329. By Messrs. Nessmith and Lane of Bulloch: A bill to amend an act placing the clerk of the Superior Court of Bulloch County on a salary system in lieu of a fee system, so as to provide for an administrative assistant for said clerk, or two other assistants in lieu of said administrative assistant; and for other pur poses. Referred to Committee on County and Municipal Governments. HB 330. By Messrs. Nessmith and Lane of Bulloch: A bill to amend an act consolidating the offices of tax receiver and tax collector of Bulloch County into the one office of tax commissioner, so as to provide for two assistants for the tax commissioner, and to fix their compensation; and for other purposes. Referred to Committee on County and Municipal Governments. HB 331. By Mr. Anderson of Pulaski: A bill to place the sheriff of Pulaski County upon an annual salary in lieu of the fee system of compensation; and for other purposes. Referred to Committee on County and Municipal Governments. HB 332. By Mr. Anderson of Pulaski: A bill to place the clerk of the Superior Court of Pulaski County upon an annual salary in lieu of the fee system of compensation; and for other purposes. Referred to Committee on County and Municipal Governments. HB 333. By Mr. Anderson of Pulaski: A bill to place the ordinary of Pulaski County upon an annual salary in lieu of the fee system of compensation; and for other purposes. Referred to Committee on County and Municipal Governments. HB 334. By Mr. Anderson of Pulaski: A hill to amend an act creating the office of commissioner of roads and revenues of Pulaski County, so as to change the compensation of FRIDAY, FEBRUARY 19, 1965 335 the commissioner of roads and revenues of said county; and for other purposes. Referred to Committee on County and Municipal Governments. HB 335. By Mr. Anderson of Pulaski: A bill to amend an act creating a new charter for the City of Hawkinsville, so as to authorize the commissioners of the City of Hawkinsville to abandon, close by ordinance, sell and convey certain lands; and for other purposes. Referred to Committee on County and Municipal Governments. HB 338. By Messrs. Bedgood and Matthews of Clarke: A bill to amend an act entitled "an act regulating the assessment of taxes by municipal authorities of this State", so as to provide that the mayor and council of the City of Athens shall be empowered to levy and collect for the ordinary current expenses an annual ad valorem tax upon property not in excess of 9.8 of one per cent without the necessity of conducting the election specified; and for other purposes. Referred to Committee on County and Municipal Governments. HB 346. By Mr. Bagby of Paulding: A bill to amend an act creating the office of tax commissioner of Paulding County, so as to change the compensation of the clerk; and for other purposes. Referred to Committee on County and Municipal Governments. HB 347. By Mr. Wilson of Brantley: A bill to abolish the present mode of compensating the sheriff of Brantley County, Georgia, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 348. By Mr. Wilson of Brantley: A bill to amend an act providing for a treasurer of Brantley County, so as to change the compensation of said treasurer; and for other purposes. Referred to Committee on County and Municipal Governments. HR 116. By Mr. Richardson of Chatham: A resolution proposing an amendment to the Constitution so as to au thorize the governing authorities of the various counties and municipali- 336 JOURNAL OF THE SENATE, ties to enact planning and zoning ordinances for public safety, historic, health, business, residential and recreational purposes; and for other purposes. Referred to Committee on Rules. HB 57. By Mr. Hull of Richmond: A bill to amend an act creating the Mineral Leasing Commission, so as to increase the membership of the commission; and for other pur poses. Referred to Committee on Rules. HR 179. By Mr. Mauney of White: A resolution congratulating Honorable Charles N. Maloof; and for other purposes. Referred to Committee on Judiciary. The following bills and resolutions were read the second time: SB 104. By Senator Broun of the 46th and Hall of the 52nd: A bill to amend an act establishing a retirement system for teachers, so as to provide for credit for service in the armed forces to certain members; to provide for the conditions connected with the granting of such credits; and for other purposes. SB 105. By Senator Edenfield of the 4th: A bill to amend Code Section 70-207, relating to the granting of new trials in the event of erroneous charges by the court, so as to provide that if the language given in the charge is substantially the same as requested it need not be given by the court verbatim as requested; and for other purposes. SB 106. By Senator Dean of the 6th: A bill to amend Code Section 74-9902, relating to abandonment of chil dren and the penalty therefor, so as to change the penalty provisions regarding abandonment; to repeal conflicting laws; and for other pur poses. SB 107. By Senators Edenfield of the 4th, and Yancey of the 33rd: A bill to amend Code Section 26-2606, relating to the punishment for horse stealing, so as to change the punishment for said crime; and for other purposes. FRIDAY, FEBRUARY 19, 1965 337 SB 108. By Senator Rowan of the 8th: A bill to encourage landowners to make land and water areas avail able to the public by limiting the liability in connection therewith; and for other purposes. SB 109. By Senator Smalley of the 28th: 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 superior court or a solicitor general after April 1, 1965; and for other purposes. SR 58. By Senator Thompson of the 34th: A resolution proposing that the Governor's Mansion be erected within the State office building complex; and for other purposes. HB 43. By Mr. Hale of Dade: A bill to amend an act establishing an Employee's Retirement System of Georgia approved February 3, 1949, as amended, so as to provide the procedure whereby certain members of the Employee's Retire ment System of Georgia may re-establish credits for prior service; and for other purposes. HB 52. By Mr. Tucker of Henry: A bill to amend Code chapter 26-2601, relating to the several kinds of larceny or theft and the punishment therefor, so as to change the punishment for larceny of any automobile, locomobile, motorcycle, motor vehicle, or other kind of vehicle propelled by electricity or gasoline; and for other purposes. HB 150. By Mr. Conger of Decatur: A bill to amend an act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present cor poration laws of this State; and for other purposes. HB 151. By Mr. Conger of Decatur: A bill to amend Code section 13-2023, relating to purchase of stocks and investment securities by banks, so as to provide for the purchase of capital stock in bank service corporations; and for other purposes. HB 152. By Mr. Conger of Decatur: A bill to amend Code section 13-2015, pertaining to limitations on in vestment in real estate by banks, so as to provide that no bank doing a commercial business and receiving deposits subject to check, shall lend upon real estate held as investment; and for other purposes. 338 JOURNAL OF THE SENATE, HB 153. By Mr. Conger of Decatur: A bill to amend Code chapter 13-20, relating to the regulation of the business of banking, so as to provide that whenever any change occurs in the outstanding capital stock of any bank incorporated pursuant to the provisions of Code Title 13, the president or other chief executive officer of such bank shall promptly report such facts; and for other purposes. HB 255. By Mr. Acree of Towns: A bill to amend an act creating the Mountain Judicial Circuit, so as to change the terms of the Superior Court of Towns County; and for other purposes. HB 281. By Messrs. Busbee of Dougherty, Smith of Emanuel, Simpson of Wheeler and others: A bill to provide that the House of Representatives shall consist of 205 members; to provide that such 205 members be apportioned among Rep resentative Districts with no district having more than 4 members; and for other purposes. HB 293. By Mrs. Merritt and Mr. Blair of Sumter: A bill to amend an act creating a new charter for the Town of Leslie, so as to change the hours during which the polls shall be open; to change the voting age; and for other purposes. HB 298. By Mr. Mauldin of Franklin: A bill to amend an act authorizing the Superior Court Judge or Judges in any county in this State located in certain judicial circuits to estab lish and maintain a law library for the use of the judges, solicitors and other court officials, so as to provide that said act shall not apply to certain counties within such judicial circuits; and for other purposes. HR 108. By Messrs. Odom, Hutchinson and Busbee of Dougherty: A resolution authorizing and directing the State Librarian to furnish certain law books for the Dougherty Judicial Circuit; and for other purposes. HR 132. By Mr. McClelland of Fulton: A resolution proposing an amendment to the Constitution, so as to allow counties or municipal corporations to make repairs of properties or structures not necessarily a part of any slum or blighted area at public expense under certain conditions; and for other purposes. FRIDAY, FEBRUARY 19, 1965 339 HR 133. By Messrs. Clarke of Monroe and Jones of Liberty: A resolution proposing an amendment to the Constitution so as to require notice of candidacy for write-in candidates; and for other purposes. Mr. Downing of the 1st District, Chairman of the Committee on County and Municipal Governments, submitted the following report: Mr. President: Your Committee on County and Municipal Governments has had under consideration the following bills of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recom mendations : SB 88. Do Pass. HB 28. Do Pass as Amended. HB 32. Do Pass. HB 110. Do Pass. HB 118. Do Pass. HB 198. Do Pass. HB 199. Do Pass. HB 200. Do Pass. HB 201. Do Pass. HB 234. Do Pass. HB 235. Do Pass. HB 237. Do Pass. HB 238. Do Pass by Substitute. HB 239. Do Pass. HB 249. Do Pass. HB 260. Do Pass. HB 265. Do Pass. Respectfully submitted, Downing of 1st District, Chairman. Mr. Smalley of the 28th District, Chairman of the Committee on Judiciary, submitted the following report: 340 JOURNAL OF THE SENATE, Mr. President: Your Committee on Judiciary has had under consideration the following bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations: HB 116. Do Pass. HB 141. Do Pass. HB 167. 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 88. By Senators Johnson of the 38th, Salome of the 36th, Coggin of the 35th and many others: A bill to amend an act creating a system of traffic courts for each city of this State having a population of more than 300,000, so as to provide additional regulations for the appointment and tenure of judges, associate judges and solicitor; 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 110. By Mr. McCracken of Jefferson: A bill to amend an act establishing a new charter for the City of Louis ville, so as to provide for arbitration of assessments made by the Board of Tax Assessors of the City of Louisville on demand of dissatisfied taxpayers; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. FRIDAY, FEBRUARY 19, 1965 341 On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 32. By Mr. Henderson of Atkinson: A bill to amend an act incorporating the City of Pearson in the County of Atkinson, so as to provide that the mayor and members of the city council shall be elected by a majority vote; and for other purposes. The report 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 28. By Messrs. Harris and Smith of Glynn: A bill to amend the charter of the City of Brunswick; and for other purposes. The Committee on County and Municipal Governments offered the following amendment: Amend HB 28 by striking from Section 12 the word "April" and substituting in lieu thereof the word "June". 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 29, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. 342 JOURNAL OF THE SENATE, HB 118. By Mr. Lewis of Burke: A bill to amend an act providing supplemental compensation for the Ordinary of Burke County, so as to change the supplemental compensa tion of the Ordinary; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 198. By Mr. Shuman of Bryan: A bill to amend an act relating to the creation of the office of tax commissioner of Bryan County, so 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 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 199. By Mr. Shuman of Bryan: A bill to amend an act relating to compensating the ordinary of Bryan County by the payment of a salary to said ordinary, so as to change the compensation to be paid to the ordinary of Bryan 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. FRIDAY, FEBRUARY 19, 1965 343 HB 200. By Mr. Shuman of Bryan: A bill to amend an act relating to the creation and establishment of the City Court of Pembroke, so as to change the amount of compensa tion to be paid to the solicitor of said City court; and for other pur poses. The report of the committee, which was favorable to 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 201. By Mr. Shuman of Bryan: A bill to amend an act relating to the establishing of a City Court of Pembroke in and for the County of Bryan, so as to change the amount of compensation to be paid to the judge of said City Court; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 234. By Mr. Crowe of Worth: A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Worth County, so as to change the compensation of the chairman and 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 28, nays 0. The bill, having received the requisite constitutional majority, was passed. 344 JOURNAL OP THE SENATE, HB 235. By Mr. Crowe of Worth: A bill to amend an act establishing a City Court in the City of Syl vester, so as to increase the salary of the judge and 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 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 237. By Messrs. Harris and Smith of Glynn: A bill to amend an act entitled "an act to provide for the appointment and terms of office of members of the 'Brunswick and Glynn County Development Authority'," so as to define the word "commerce" as used in said act; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 239. By Mr. Pafford of Lanier: A bill to provide that the sheriff of Lanier County shall be compensated 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 28, nays 0. The bill, having received the requisite constitutional majority, was passed. FRIDAY, FEBRUARY 19, 1965 345 HB 238. By Messrs. Harris and Smith of Glynn: A bill to amend an act creating the "Magistrate's Court of Glynn County", so as to change the compensation of the magistrate of said court; and for other purposes. The Committee on County and Municipal Governments offered the following substitute: An Act to amend an Act creating the "Magistrate's Court of Glynn County", approved April 4, 1963 (Ga. Laws 1963, p. 2969), so as to authorize the magistrate to issue certain warrants; to change the com pensation of the magistrate; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the "Magistrate's Court of Glynn County", approved April 4, 1963 (Ga. Laws 1963, p. 2969), is hereby amended by inserting between the second and third sentences of Sec tion 3 the following sentence: "The magistrate is also empowered to issue bastardy warrants, peace warrants and search warrants.", so that when so amended Section 3 shall read as follows: "Section 3. The magistrate of Glynn County shall have crimi nal jurisdiction to issue warrants for the apprehension of any per son charged on oath with the violation of any penal law in the County of Glynn, returnable to any court in Glynn County. Said magistrate shall also have jurisdiction to hold courts of inquiry to examine into an accusation against a person legally arrested and brought before him. The magistrate is also empowered to issue bastardy warrants, peace warrants and search warrants. The time of such inquiry shall be determined by the magistrate, and shall be held at the courthouse in Glynn County, Georgia." Section 2. Said Act is further amended by striking from Section 4 the symbol and figures "$1,800.00" and inserting in lieu thereof the symbol and figures "$2,400.00", so that when so amended Section 4 shall read as follows: "Section 4. The magistrate of said court shall receive a salary of $2,400.00 per annum, payable monthly out of the treasury of the County of Glynn." Section 3. The provisions of this Act shall become effective upon its approval by the Governor, except for those provisions relating to the compensation of the magistrate which shall become effective on July 1, 1965. 346 JOURNAL OF THE SENATE, 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 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 28, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 249. By Messrs. Oglesby and Russell of Thomas: A bill to amend the charter of the City of Thomasville, so that said charter will provide for the purpose of perpetuating its existing pen sion and annuity program; to provide that the city may levy and col lect a tax upon the salaries of employees of the city without limitation as to the rate of such 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 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 260. By Mr. Moore of Stephens: A bill to amend an act placing the sheriff of Stephens County upon an annual salary, so as to provide for an additional deputy in the sheriff's office; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. FRIDAY, FEBRUARY 19, 1965 347 HB 265. By Messrs. Blalock and Potts of Coweta: A bill to create and establish the Newnan-Coweta 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. The bill, having received the requisite constitutional majority, was passed. Senator Gordy of the 15th, 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 6. SB 9. SB 28. SB 38. SB 83. SR 7. SR 42. SR 43. SR 61. Respectfully submitted, Gordy of the 15th District, Chairman. The following general bills and resolutions, favorably reported by the committees, were read the third time, and put upon their passage: HB 48. By Mr. Etheridge of Fulton: A bill to amend an act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to provide for additional exemp tions from the taxes imposed by said act; and for other purposes. 348 JOURNAL OF THE SENATE, The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 36, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Jackson of the 16th asked unanimous consent that HB 48 be immedi ately transmitted to the House. The consent was granted. HB 167. By Messrs. Hull of Richmond, Jones of Muscogee, Jones of Liberty, Bynum of Rabun, Caldwell of Upson, Lambert of Morgan, Conger of Decatur and Walker of Lowndes: A bill to comprehensively and exhaustively revise, supersede, and mod ernize appellate and other post-trial procedure in civil and criminal cases; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 41, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Gayner of the 5th asked unanimous consent that HB 167 be imme diately transmitted to the House. The consent was granted. HB 56. By Mr. Grahl of Peach: A bill to amend an act fixing the salary paid by Peach County to the solicitor-general of the Macon Judicial Circuit, so as to change the compensation paid by Peach County to said solicitor-general; and for other purposes. FRIDAY, FEBRUARY 19, 1965 349 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 ordered a call of the roll, and the vote was as follows: Those voting in the affirmative were Senators: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Fincher of 51st Foster Gayner Gillis Gordy Hill Holloway Jackson Johnson of 38th Kendrick Kilpatrick Lee Maclntyre Miller Minish Moore McKenzie Noble Owens Plunkett Rowan Sanders Smalley Smith Tribble Ward Wesberry Yancey Young By unanimous consent, verification of the roll call was dispensed with. On the passage of the bill, the ayes were 38, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 87. By Messrs. Luke, Simkins and Hull of Richmond, Phillips of Columbia, and Lewis of Burke: A bill to amend an act abolishing the fee system for the solicitor gen eral of the Augusta Judicial Circuit and placing him upon an annual salary, so as to provide for the position of a chief assistant and solicitor general; and for other purposes. The Committee on Judiciary offered the following amendment: Amend HB 87 by striking the word "county" in the second para graph of Section 5A. and inserting in lieu thereof the word "circuit". On the adoption of the amendment, the ayes were 34, nays 0, and the amendment was adopted. 350 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 34, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 89. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke: A bill to amend an act providing for service of process on foreign trus tees as to lands in this State, so as to increase from $2.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for such a foreign trustee; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 29, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 91. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke: A bill to amend an act providing for service of process upon foreign corporations not domesticated in this State but doing business therein, so as to increase from $2.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for such a 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 30, nays 0. The bill, having received the requisite constitutional majority, was passed. FRIDAY, FEBRUARY 19, 1965 351 HB 92. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke: A bill to amend an act providing for service of process upon non-resi dents operating motor vehicles in this State, so as to increase from $2.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for such non-resident motorist; and for other purposes. The report 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 96. By Messrs. Steis of Harris, Harris of DeKalb, Jones and Brinkley of Muscogee and Lewis of Burke: A bill to amend an act providing for service of process upon carnivals, circuses, road shows, tent shows and other itinerant shows, so as to increase from $2.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for such a show; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the president ordered a call of the roll, and the vote was as follows: Those voting in the affirmative were Senators: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Foster Gayner Gordy Hill Holley Holloway Johnson of 42nd Kendrick Kilpatrick Lee Maclntyre Minish Moore McKenzie Noble Plunkett Rowan Sanders Smalley Thompson Tribble Ward Webb Wesberry Yancey Young 352 JOURNAL OF THE SENATE, By unanimous consent, verification of the roll call was dispensed with. On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 116. By Messrs. Overby and Williams of Hall, Looper of Dawson and Mauney of White: A bill to provide for the terms of the superior courts of the counties comprising the Northeastern 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 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 141. By Mrs. Merritt of Sumter, Messrs. Blair of Sumter, DeVane of Schley and many others: A bill to amend an act placing the solicitor general of the Southwestern Judicial Circuit on a salary basis in lieu of a fee basis, so as to change the compensation of the solicitor general of the Southwestern 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. Senator Webb of the llth moved that the Senate do now adjourn until 11:00 o'clock Monday morning, and the motion prevailed. The president announced the Senate adjourned until 11:00 o'clock Monday morning. MONDAY, FEBRUARY 22, 1965 353 Senate Chamber, Atlanta, Georgia, Monday, February 22, 1965. The Senate met pursuant to adjournment at 11:00 o'clock this morning, and was called to order by the president. Scripture reading and prayer was offered by the chaplain, Reverend Joe Dukes, pastor, Second Baptist Church, LaGrange, Georgia. The roll was called, and the following senators answered to their names: Adams Ballew Bateman Broun Carter Coggins Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Foster Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill Noble Owens Padgett Pennington Plunkett Rowan Salome Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young Senator Gordy of the 15th reported that the journal of Friday's proceedings had been examined and found correct. By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed. Senator Webb of the llth 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. 354 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 and Senate to-wit: HB 351. By Mr. Griffin of Glascock: A bill to amend an act creating a new charter for the Town of Mitchell in the County of Glascock, so as to change the hours during which the polls shall be open for election; and for other purposes. HB 352. By Mr. Griffin of Glascock: A bill to amend an act entitled "An Act to create a Board of Commis sioners of Roads and Revenues for the County of Glascock, so as to change the compensation of the Commissioners of Roads and Revenues of Glascock; and for other purposes. HB 353. By Messrs. McClelland, Brooks and Etheridge of Pulton: 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. HB 361. By Messrs. Lovett and Knight of Laurens: A bill to amend an act providing for the office hours of the Board of Commissioners of Roads and Revenues, Clerk of the Superior Court, Tax Commissioner, Sheriff, etc. of Laurens County; and for other pur poses. HB 362. By Mr. Lee of Pike. A bill to abolish the present mode of compensating the sheriff of Pike County, known as the fee system, to provide in lieu thereof an annual salary; and for other purposes. MONDAY, FEBRUARY 22, 1965 355 HB 363. By Messrs. Matthews and Newton of Colquitt: A bill to amend an act consolidating the offices of Tax Receiver and Tax Collector of Colquitt County into the office of Tax Commissioner, so as to change the compensation of the Tax Commissioner; and for other purposes. HB 364. By Messrs. Matthews and Newton of Colquitt: A bill to amend an act creating the City Court of Colquitt County, so as to change the amount of bond of the Clerk of said Court; and for other purposes. HB 365. By Messrs. Matthews and Newton of Colquitt: A bill to amend an act placing the County Officers of Colquiitt County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the Ordinary of Colquitt County; and for other purposes. HB 368. By Messrs. Brinkley, Jones and Pickard of Muscogee: A bill to amend the Charter of Columbus whereby the members of the Commission of the City of Columbus shall by a majority vote of the Commission, establish their own salary, said salary in any event not to exceed five hundred dollars per month; and for other purposes. HB 369. By Messrs. Pickard, Brinkley and Jones of Muscogee: A bill to amend an act entitled "An Act to provide that Muscogee County shall provide for a permanent Pension Fund for present and future employees, including the City-County Health Department and Elective Salaried Officers, Etc."; and for other purposes. HB 370. By Messrs. Pickard, Jones and Brinkley of Muscogee: A bill to amend an act creating the Board of Commissioners of Roads and Revenues of Muscogee County, relating to the election of chairman and vice-chairman; and for other purposes. HB 371. By Messrs. Pickard, Jones and Brinkley of Muscogee: A bill to amend Code Section 21-101 of the Code relating to coroners, to provide in counties of a certain population, a deputy coroner may act in the coroner's stead; and for other purposes. HB 372. By Messrs. Pickard, Jones and Brinkley of Muscogee: A bill to amend Code Section 21-105 of the Code relating to fees paid to coroners, to provide for an annual salary in lieu of fees in counties of certain population; and for other purposes. 356 JOURNAL OP THE SENATE, HB 379. By Messrs. McDaniell, Duncan and Jordan of Cobb: A bill to abolish the office of Treasurer of Cobb County, to provide that Cobb County Comptroller shall perform the duties of said Treas urer; and for other purposes. HB 380. By Messrs. McDaniell, Duncan and Jordan of Cobb: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Cobb County, so as to change the provisions relating to meetings of the Commission; and for other purposes. HB 382. By Mr. Reaves of Brooks: A bill to provide that the tax commissioner of certain counties shall have the power and authority to levy and collect tax fi fas which are issued by the tax commissioner; and for other purposes. HB 385. By Mr. Smith of Camden: A bill to amend an act creating a new city charter and municipal gov ernment for the City of St. Marys, so as to change the method of filling vacancies on the City Council; and for other purposes. HB 388. By Mr. Henderson of Atkinson: A bill to amend an act creating an amended charter for the town of Willacoochee, so as to provide that the mayor and members of the board of aldermen shall be elected by a majority vote; and for other purposes. HB 389. By Messrs. Sweat and Dixon of Ware: A bill to amend an act, so as to strike from the first paragraph of Section 18 thereof the words "nor more than 55", so as to provide that the compensation of the acting city manager shall be fixed by resolu tion of the commission of the City of Waycross; and for other purposes. HR 48. By Messrs. Pope and Coker of Cherokee: A resolution to repeal a resolution authorizing the conveyance of cer tain state-owned properties in Cherokee County; and for other purposes. HR 56. By Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty and Brooks of Fulton: A resolution to ratify, approve and confirm an Executive Order of the Governor, dated March 5, 1964, suspending the collection of the tax MONDAY, FEBRUARY 22, 1965 357 imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible; and for other purposes. HR 57. By Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty, and Brooks of Fulton: A resolution to ratify, approve, and confirm the Executive Order of the Governor, dated May 25, 1964, suspending collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on certain purchases by the Chapel of All Faiths Foundation, Inc.; and for other purposes. HR 58. By Smith of Grady, Bolton of SpaMing, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A resolution to ratify, approve, and confirm the Executive Order of the Governor, dated April 30, 1964, suspending the collection of any income tax attributable to the disallowance of the use of any of the methods of depreciation authorized in section 179 of the Federal In ternal Revenue Code of 1954, on returns for certain taxable years; and for other purposes. HR 122. By Messrs. Pope and Coker of Cherokee: A resolution authorizing the conveyance of certain State property lo cated in Cherokee County; and for other purposes. SR 33. By Senator Jackson of the 16th: A resolution authorizing the State of Georgia to convey an easement held by the State over certain properties located in the City of Colum bus, County of Muscogee; and for other purposes. HB 45. By Messrs. Bolton of Spalding and Chandler of Baldwin: A bill to amend an act known as the "Motor Vehicle Tax Law", so as to change the procedure for making refunds of State taxes on gasoline used by certain water craft; and for other purposes. HB 105. By Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty, and Brooks of Fulton: A bill to amend Code Section 92-3109, relating to deductions in com puting net income for income tax purposes, as amended, so as to author ize for small business and additional first year allowance; and for other purposes. 358 JOURNAL OF THE SENATE, HB 107. By Mr. Steis of Harris: A bill to create a State agency to be known as the "State Properties Acquisition Commission"; and for other purposes. HB 192. By Mr. Jones of Muscogee: A bill to amend an act providing for the establishment of farmers markets, so as to authorize the Commissioner of Agriculture to enter into leases of land for farmers markets; and for other purposes. HB 217. By Messrs. RieKurdson, Shea and Sewell of Chatham: A bill to amend Chapter 40-8 of the Code of Georgia of 1933, as amended, concerning the organization, operation and duties of the Department of Archives and History of this State; and for other pur poses. HB 241. By Messrs. NeSmith of Meriwether, Smith of Lamar, DeVane of Schley, Jessup of Bleckley, and Steis of Harris: A bill to amend an act authorizing the chartering and empowering of corporations and amending, revising and perfecting the corporation laws of this State; and for other purposes. HB 248. By Mr. Rhodes of Baker and others: A bill to amend Section 34-1001, relating to filing notice of candidacy of the Georgia Election Code; and for other purposes. HB 282. By Messrs. Story and Watson of Gwinnett: A bill to amend an act entitled "Uniform Act Regulating Traffic on Highways", as amended, so as to change the speed restrictions; and for other purposes. HB 284. By Mr. Duncan of Cobb and others: A bill to amend an act authorizing the judges of the superior courts in certain counties to appoint jury clerks; and for other purposes. HB 288. By Mr. Richardson of Chatham and others: A bill to amend an act entitled "An Act to incorporate the 'Georgia Historical Society' ", so as to designate and name new members of the Society; and for other purposes. MONDAY, FEBRUARY 22, 1965 359 HB 290. By Messrs. Smith of Grady and Murphy of Haralson: A bill to amend Code Section 91-103A, relating to the creation of the "State Real Properties Control Commission"; and for other purposes. HB 354. By Mr. Pope of Cherokee: A bill to provide for the inspection and regulation of the sale of anti freeze substances and preparations; and for other purposes. HB 366. By Messrs. Steis of Harris, Bagby of Paulding, and others: A bill to amend Sec. 22-1703 of the Code, requiring certain corporations to annually file returns with the Secretary of State, so as to require such corporations to include in their annual returns the name and address of each director and officer of the respective corporations and such other information as the secretary of state may determine to be in the public interest; and for other purposes. The House has adopted the following resolution of the House: HR 175. By Messrs. Duncan and McDaniell of Cobb, Pope of Cherokee and others: A resolution urging the construction of an underpass just north of the Lockheed Georgia Aircraft Corporation; and for other purposes. The House has adopted the following resolutions of the Senate: SR 53. By Senator Kendrick of the 32nd: A resolution expressing regrets at the passing of Dr. William H. Kilpatrick; and for other purposes. SR 50. By Senator Kidd of the 25th: A resolution concerning the need for the continuation of the Veterans Administration Domiciliary located in Thomasville, Georgia; and for other purposes. SR 61. By Senators Wesberry of the 37th and Edenfield of the 4th: A resolution commending T. Malone Sharpe; arid for other purposes. 360 JOURNAL OF THE SENATE, The following bills and resolutions were introduced, read the first time, and referred to committees: SB 116. By Senator Holley of the 22nd: A bill to amend an act entitled "An Act to provide for the appoint ment of two superior court reporters or court stenographers to the judges of the superior courts in certain counties, so as to clarify the duties and compensation of such official court reporters shall be in full payment for all services rendered at sessions of the Superior Courts; and for other purposes. Referred to Committee on County and Municipal Governments. SB 117. By Senator Dean of the 6th: A bill to provide that any person who is a graduate of a medical school or college in the State of Georgia or in any other state shall be eligible to take an examination for a license to practice medicine in the State of Georgia; and for other purposes. Referred to Committee on Educational Matters. SB 118. By Senators Dean of the 6th and Rowan of the 8th: A bill to amend an act establishing a new minimum foundation program of education in Georgia, so as to authorize and direct the State Board of Education to change the minimum salaries of drivers of school buses in all counties of this State under certain conditions; and for other purposes. Referred to Committee on Educational Matters. SB 119. By Senator Downing of the 1st: A bill to be known as the "Minimum Wage Law" establishing a mini mum wage for employees within the State of Georgia; to provide for the administration and enforcement of the Act; and to prescribe penalty for the violation of this Act; to repeal conflicting laws; and for other purposes. Referred to Committee on Industry and Labor. SB 120. By Senators Johnson of the 38th, Maclntyre of the 40th, Coggin of the 35th, and others: A bill to amend an act establishing a new charter for the City of Atlanta, and the several acts amendatory thereof; and for other pur poses. Referred to Committee on County and Municipal Governments. MONDAY, FEBRUARY 22, 1965 361 SB 121. By Senators Johnson of the 38th, Maclntyre of the 40th, Coggin of the 35th and others: A bill to amend the act approved August 20, 1927, providing that cities having a population of more than 150,000 as disclosed by the United States Census of 1920, or any subsequent census, shall furnish pensions to officers and employees of such cities, so as to provide additional pension benefits, to repeal conflicting laws; and for other purposes. Referred to Committee on County and Municipal Governments. HB 45. By Messrs. Bolton of Spalding and Chandler of Baldwin: A bill to amend an act known as the "Motor Vehicle Tax Law", so as to change the procedure for making refunds of State taxes on gasoline used by certain water craft; and for other purposes. Referred to Committee on Public Utilities and Transportation. HB 105. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty and Brooks of Fulton: A bill to amend Code section 92-3109, relating to deductions in comput ing net income for income tax purposes, so as to authorize for small business an additional first year depreciation allowance as defined in section 179 of the U. S. Internal Code of 1954, as amended; and for other purposes. Referred to Committee on Banking and Finance. HB 107. By Mr. Steis of Harris: A bill to create a State agency to be known as the "State Properties Acquisition Commission"; and for other purposes. Referred to Committee on Rules. HB 192. By Mr. Jones of Muscogee: A bill to amend an act providing for the establishment of farmers markets, so as to authorize the Commissioner of Agriculture to enter into leases of land utilized for farmers markets upon which the lessee agrees to construct capital improvements; and for other purposes. Referred to Committee on Agriculture and Natural Resources. HB 217. By Messrs. Richardson, Shea and Sewell of Chatham: A bill to amend chapter 40-8 of the Code of Georgia of 1933, as amended, concerning the organization, operation and duties of the Department of Archives and History of this State, so as to authorize and empower 362 JOURNAL OF THE SENATE, the Secretary of State to designate and establish branch depositories; and for other purposes. Referred to Committee on Judiciary. HB 241. By Messrs. NeSmith of Meriwether, Smith of Lamar, DeVane of Schley, Jessup of Bleckley and Steis of Harris: A bill to amend an act authorizing the charter and empowering of cor porations and amending, revising and perfecting the corporation laws of this State, and to amend section 22-1604 of the Code of Georgia of 1933, relating to the examination of petitions for the domestication of foreign corporations; and for other purposes. Referred to Committee on Banking and Finance. HB 248. By Messrs. Rhodes of Baker, Jones of Bibb, Luke and Simkins of Richmond and others: A bill to amend section 34-1001, relating to filing notice of candidacy of the Georgia Election Code, so as to change the number of days prior to the general election within which any candidate required to accom pany his notice of candidacy with a nomination petition must file such notice; and for other purposes. Referred to Committee on Rules. HB 282. By Messrs. Story and Watson of Gwinnett: A bill to amend an act entitled "Uniform Act Regulating Traffic on Highways", so as to change the speed restrictions for vehicles; and for other purposes. Referred to Committee on Highways. HB 284. By Messrs. Duncan, Jordan and McDaniell of Cobb: A bill to amend an act authorizing the judges of the superior courts in certain counties to appoint jury clerks, so as to change the population requirements in order to have said act apply to certain other counties; and for other purposes. Referred to Committee on County and Municipal Governments. HB 288. By Messrs. Richardson, Sewell and Shea of Chatham: A bill to amend an act entitled "An act to incorporate the 'Georgia Historical Society' ", so as to designate and name new members of the Society; and for other purposes. Referred to Committee on Rules. MONDAY, FEBRUARY 22, 1965 363 HB 290. By Messrs. Smith of Grady and Murphy of Haralson: A bill to amend Code section 91-103A, relating to the creation of the "State Real Properties Control Commission", so as to provide for biennial elections of a member of the House of Representatives and a member of the Senate to said Commission; and for other purposes. Referred to Committee on Rules. HB 351. By Mr, Griffin fo Glascock: A bill to amend an act creating a new charter for the Town of Mitchell in the County of Glascock, so as to change the hours during which the polls shall be open for elections; and for other purposes. Referred to Committee on County and Municipal Governments. HB 352. By Mr. Griffin of Glascock: A bill to amend an act entitled "An act to create a Board of Commis sioners of Roads and Revenues for the County of Glascock, so as to change the compensation of the Commissioners of Roads and Revenues; and for other purposes. Referred to Committee on County and Municipal Governments. HB 353. By Messrs. McClelland, Brooks and Etheridge of Fulton: A bill to abolish the office of coroner of Fulton County; to create the office of medical examiner; and for other purposes. Referred to Committee on County and Municipal Governments. HB 354. By Mr. Pope of Cherokee: A bill to provide for the inspection and regulation of the sale of anti freeze substances and preparations; and for other purposes. Referred to Committee on Public Utilities and Transportation. HB 361. By Mr. Lovett of Laurens: A bill to amend an act providing for the office hours of the Board of Commissioners of Roads and Revenues, the clerk of the Superior Court, the tax commissioner, the sheriff, and the County School Super intendent of Laurens County, so as to change the hours which said offices shall be open on Saturdays; and for other purposes. Referred to Committee on County and Municipal Governments. 364 JOURNAL OF THE SENATE, HB 362. By Mr. Lee of Pike: A bill to abolish the present mode of compensating the sheriff of Pike 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 363. By Messrs. Matthews and Newton of Colquitt: A bill to amend an act consolidating the office of tax receiver and tax collector of Colquitt County into the 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 364. By Messrs. Matthews and Newton of Colquitt: A bill to amend an act creating the City Court of Colquitt County, so as to change the amount of the bond of the clerk of said court; and for other purposes. Referred to Committee on County and Municipal Governments. HB 365. By Messrs. Matthews and Newton of Colquitt: A bill to amend an act placing the county officers of Colquitt County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the ordinary of Colquitt County; and for other purposes. Referred to Committee on County and Municipal Governments. HB 366. By Messrs. Steis of Harris, Bagby of Paulding, Houston of Pierce, Bolton of Spalding, Richardson of Chatham, Snow of Walker and others: A bill to amend an act to amend section 22-1703 of the Code of Georgia of 1933, requiring certain corporations to annually file returns with the Secretary of State, so as to require such corporation to include in their annual returns the name and address of each director and officer and such other information as the Secretary of State may determine to be in the public interest; and for other purposes. Referred to Committee on Banking and Finance. HB 368. By Messrs. Brinkley, Jones and Pickard of Muscogee: A bill to amend the charter of Columbus whereby the members of the Commission of the City of Columbus shall by a majority vote of the MONDAY, FEBRUARY 22, 1965 365 Commission, establish their own salary, said salary in any event not to exceed $500.00 per month; and for other purposes. Referred to Committee on County and Municipal Governments. HB 369. By Messrs. Pickard, Brinkley and Jones of Muscogee: A bill to amend an act entitled "An act to provide that Muscogee County shall provide for a permanent pension fund for present and future employees, including the City-County Health Department and elective salaried officers; and for other purposes. Referred to Committee on County and Municipal Governments. HB 370. By Messrs. Pickard and Jones of Muscogee: A bill to amend an act creating the Board of Commissioners of Roads and Revenues of Muscogee County, relating to the election of chairman and vice-chaiman; and for other purposes. Referred to Committee on County and Municipal Governments. HB 371. By Messrs. Pickard, Brinkley and Jones of Muscogee: A bill to amend Code section 21-101 of the Code of the State of Georgia relating to coroners, so as to provide in certain counties coroners may appoint a deputy coroner to act in the coroner's stead when the coroner is temporarily absent; and for other purposes. Referred to Committee on County and Municipal Governments. HB 372. By Messrs. Pickard and Brinkley of Muscogee: A bill to amend Code section 21-105 relating to fees paid to coroners to provide for the payment of an annual salary in lieu of fees in certain counties; and for other purposes. Referred to Committee on County and Municipal Governments. HB 379. By Messrs. McDaniell, Duncan and Jordan of Cobb: A bill to abolish the office of treasurer of Cobb County; to provide that the Cobb County Comptroller shall perform the duties of said treasurer; and for other purposes. Referred to Committee on County and Municipal Governments. HB 380. By Messrs. McDaniell, Duncan and Jordan of Cobb: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Cobb County, so as to change the provisions relat ing to meetings of the Commission; and for other purposes. Referred to Committee on County and Municipal Governments. 366 JOURNAL OF THE SENATE, HB 382. By Mr. Reaves of Brooks: A bill to provide that the tax commissioner of certain counties shall have the power and authority to levy and collect tax fi fas which are issued by the tax commissioner; and for other purposes. Referred to Committee on County and Municipal Governments. HB 385. By Mr. Smith of Camden: A bill to amend an act creating a new city charter and municipal government for the City of St. Marys, Georgia, so as to change the method of filling vacancies on the city council; and for other purposes. Referred to Committee on County and Municipal Governments. HB 388. By Mr. Henderson of Atkinson: A bill to amend an act creating an amended charter for the Town of Willacoochee in the County of Atkinson, so as to provide that the mayor and members of the board of aldermen shall be elected by a majority vote; and for other purposes. Referred to Committee on County and Municipal Governments. HB 389. By Messrs. Sweat and Dixon of Ware: A bill to amend an act so as to provide that the compensation of the acting city manager shall be fixed by resolution of the commission of the City of Waycross; and for other purposes. Referred to Committee on County and Municipal Governments. HR 48. By Mr. Pope of Cherokee: A resolution to repeal a resolution authorizing the conveyance of cer tain state-owned properties in Cherokee County; and for other, pur poses. Referred to Committee on County and Municipal Governments. HR 56. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A resolution to ratify, approve and confirm the executive order of the Governor, dated March 5, 1964, 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. MONDAY, FEBRUARY 22, 1965 367 HR 57. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty and Brooks of Fulton: A resolution to ratify, approve and confirm the executive order of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the pipe organ, pews and office furniture purchased by the Chapel of All Faiths at Milledgeville State Hospital, Milledgeville, Georgia until the next meeting of the General Assembly; and for other purposes. Referred to Committee on Rules. HR 58. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A resolution to ratify, approve and confirm the executive order of the Governor, dated April 30, 1964, suspending the collection of any income tax attributable to the disallowance of the use of any of the methods of depreciation authorized in Section 179 of the Federal Internal Reve nue Code of 1954 on returns of income for certain taxable years until the next meeting of the General Assembly; and for other purposes. Referred to Committee on Rules. HR 122. By Mr. Pope of Cherokee: A resolution authorizing the conveyance of certain State property lo cated in Cherokee County; and for other purposes. Referred to Committee on Rules. The following bills and resolutions were read the second time: SB 110. By Senators Smalley of the 28th and Kilpatrick of the 44th: A bill to amend an act creating the office of solicitor-general emeritus and the Solicitors-General Retirement Fund of Georgia, so as to remove the provisions relating to the date and time during which a solicitorgeneral may pay for and receive credit for service in the armed forces of the United States; and for other purposes. SB 111. By Senator Padgett of the 23rd: A bill to amend an act entitled "An act to change from the fee to a salary system in certain counties in Georgia having a population of not less than 135,000 inhabitants nor more than 140,000 inhabitants under the 1960 United States census or any subsequent census", so as to increase the compensation of treasurer of Richmond County; and for other purposes. 368 JOURNAL OF THE SENATE, SB 112. By Senators Sanders of the 41st, and Miller of the 43rd: A bill to amend an act revising, superseding and consolidating the laws relating to the governing authority of DeKalb County, so as to change the method of electing certain members of the Board of Com missioners; to change the boundaries of the commission districts; and for other purposes. SB 113. By Senators Gayner of the 5th, Holloway of the 12th and Webb of the llth: A bill to amend Section 13-1009 of the Code of Georgia of 1933, so as to permit additional capital stock to be issued without first being offered to stockholders; and for other purposes. SB 114. By Senator Edenfield of the 4th: A bill to amend an act placing the solicitor-general of the Ogeechee judicial circuit on an annual salary, so as to increase the compensation of the solicitor-general of Ogeechee judicial circuit; and for other purposes. SB 115. By Senators Yancey of the 33rd, Edenfield of the 4th and Kilpatrick of the 44th: A bill to amend Code Section 27-2501, relating to the reduction of punishment for certain felonies to misdemeanor punishment, so as to prescribe that the punishment for certain felonies may be reduced to misdemeanor punishment upon the recommendation of the jury; to provide the procedure connected therewith; and for other purposes. HB 13. By Messrs. Richardson, Shea and Sewell of Chatham: A bill to provide that it shall be unlawful to possess any lottery ticket or similar device used in connection with a device or scheme to hazard money or other articles of value; and for other purposes. HB 73. By Messrs. Williams and Overby of Hall, Pope of Cherokee, Luke of Richmond, Hudgins of Chattahoochee and others: A bill to amend Code section 42-205, relating to the imposition of an inspection fee and exemptions from inspection fees for certain classes of commercial feeding stuffs, so as to change the amount of the inspection fee; and for other purposes. HB 144. By Messrs. Ross of Lincoln, Wright of Wilkes, Evans of McDuffie and others: A bill to amend an act creating the office of judge of the Superior Court Emeritus, so as to provide for the appointment as judge emeritus of certain former judges who are totally disabled; and for other purposes. MONDAY, FEBRUARY 22, 1965 369 HB 169. By Messrs. Hull of Richmond, Jones of Muscogee; Jones of Liberty and many others: A bill to amend Code Section 24-2727 relating to the fees allowed clerks of the superior courts, so as to redefine the fees allowed with respect to preparing the record for transmission to the supreme court and court of appeals; and for other purposes. HB 299. By Mr. Etheridge of Fulton: A bill to amend an act incorporating Union City, relating to elections, and for other purposes. HB 300. By Mr. Johnson of Warren: A bill to amend an act entitled "An act to incorporate the Town of Warrenton, in Warren County, and to provide for the election of com missioners for the same", so as to change the dates for making tax returns; and for other purposes. HB 301. By Mr. Wright of Wilkes: A bill to amend an act entitled "An act to establish a board of com missioners of roads and revenues of Wilkes County", so as to provide that the chairman of the board shall, by virtue of his office, be the road superintendent and the county warden of Wilkes County; and for other purposes. HB 302. By Mr. Phillips of Columbia: A bill to fix, allow and provide for the compensation of the clerk of the superior court, the sheriff and the tax commissioners of Columbia County; to provide for the collection, disposition and accounting of all fees; emoluments and perquisites; and for other purposes. HB 303. By Mr. Phillips of Columbia: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Columbia, so as to change the compen sation of the chairman and executive officer of said board; and for other purposes. HB 304. By Mr. Tidwell of Crawford: A bill to abolish the present method of compensating the sheriff of Crawford County known as the fee system; and for other purposes. HB 306. By Messrs. Harris and Smith of Glynn: A bill to amend an act creating the City Court of Brunswick, so as to change the compensation of one of the sheriff's deputies; and for other purposes. 370 JOURNAL OF THE SENATE, HB 307. By Messrs. Harris and Smith of Glynn: A bill to amend an act placing the sheriff of Glynn County on a salary basis in lieu of a fee basis, so as to change the compensation of a deputy of the sheriff; and for other purposes. HB 308. By Mr. Maddox of Gordon: A bill to amend an act to change the compensation of the sheriff of Gordon County, so as to change the compensation of the sheriff; and for other purposes. HB 309. By Messrs. Harris and Smith of Glynn: A bill to amend an act creating the City Court of Brunswick, so as to change the compensation of the judge; and for other purposes. HB 310. By Mr. Maddox of Gordon: A bill to authorize certain counties 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 for other purposes. HB 313. By Mr. Walker of Lowndes: A bill to amend an act establishing a State Commission on Aging, so as to provide for an additional member of the State Commission on Aging; and for other purposes. HB 315. By Messrs. Conger and Dollar of Decatur: A bill to amend an act creating a new city charter for the City of Bainbridge, so as to provide for the creation of the office of city manager; and for other purposes. HB 316. By Mr. Otwell of Forsyth: A bill to amend an act changing the compensation of the sheriff and the clerk of the Superior Court of Forsyth County from the fee system to the salary system, so as to change the compensation of the sheriff; and for other purposes. HB 317. By Mr. Otwell of Forsyth: A bill to amend an act creating a charter for the City of Gumming, so as to provide for permanent registration under certain circum stances; and for other purposes. MONDAY, FEBRUARY 22, 1965 371 HB 318. By Mr. Otwell of Forsyth: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Forsyth County so as to remove the provisions rela tive to per diem for attendance at special meetings; to provide for an expense allowance; and for other purposes. HB 323. By Messrs. Conger and Dollar of Decatur: A bill to amend an act incorporating the Town of Brinson in Decatur County, so as to provide for biennial rather than annual elections; and for other purposes. HB 324. By Messrs. Ballard and Spillers of Newton: A bill to amend an act providing a board of directors and a commis sioner of roads and revenues for Newton County, so as to increase the compensation of the commissioner; and for other purposes. HB 326. By Mr. Milhollin of Coffee: A bill to amend Code chapter 24-34, relating to court costs in civil cases, so as to provide that no clerk of any court in certain counties shall file any civil action unless an advance court cost shall be deposited with the action; and for other purposes. HB 327. By Messrs. Blalock and Potts of Coweta: A bill to amend an act establishing a City Court of Newnan, so as to change the compensation allowed the solicitor of said court for a secretary; and for other purposes. HB 328. By Messrs. Nessmith and Lane of Bulloch: A bill to amend an act changing the compensation of the sheriff of Bulloch County from a fee system to a salary system, so as to change the provisions relating to the deputy sheriffs; and for other purposes. HB 329. By Messrs. Nessmith and Lane of Bulloch: A bill to amend an act placing the clerk of the Superior Court of Bul loch County on a salary system in lieu of a fee system, so as to pro vide for an administrative assistant for said clerk, or two other assistants in lieu of said administrative assistant; and for other pur poses. HB 330. By Messrs. Nessmith and Lane of Bulloch: A bill to amend an act consolidating the offices of tax receiver and tax collector of Bulloch County into the one office of tax commissioner, 372 JOURNAL OF THE SENATE, so as to provide for two assistants for the tax commissioner, and to fix their compensation; and for other purposes. HB 331. By Mr. Anderson of Pulaski: A bill to place the sheriff of Pulaski County upon an annual salary in lieu of the fee system of compensation; and for other purposes. HB 332. By Mr. Anderson of Pulaski: A bill to place the clerk of the Superior Court of Pulaski County upon an annual salary in lieu of the fee system of compensation; and for other purposes. HB 333. By Mr. Anderson of Pulaski: A bill to place the ordinary of Pulaski County upon an annual salary in lieu of the fee system of compensation; and for other purposes. HB 334. By Mr. Anderson of Pulaski: A bill to amend an act creating the office of commissioner of roads and revenues of Pulaski County, so as to change the compensation of the commissioner of roads and revenues of said county; and for other purposes. HB 335. By Mr. Anderson of Pulaski: A bill to amend an act creating a new charter for the City of Hawkinsville, so as to authorize the commissioner of the City of Hawkinsville to abandon, close by ordinance, sell and convey certain land; and for other purposes. HB 338. By Messrs. Bedgood and Matthews of Clarke: A bill to amend an act entitled "an act regulating the assessment of taxes by municipal authorities of this State", so as to provide that the mayor and council of the City of Athens shall be empowered to levy and collect for the ordinary current expenses an annual ad valorem tax upon property not in excess of 9.8 of one per cent without the necessity of conducting the election specified; and for other purposes. HB 346. By Mr. Bagby of Paulding: A bill to amend an act creating the office of tax commissioner of Paulding County, so as to change the compensation of the clerk; and for other purposes. MONDAY, FEBRUARY 22, 1965 373 HB 347. By Mr. Wilson of Brantley: A bill to abolish the present mode of compensating the sheriff of Brantley County, Georgia, known as the fee system; and for other purposes. HB 348. By Mr. Wilson of Brantley: A bill to amend an act providing for a treasurer of Brantley County, so as to change the compensation of said treasurer; and for other purposes. HR 116. By Mr. Richardson of Chatham: A bill proposing an amendment to the Constitution so as to authorize the governing authorities of the various counties and municipalities to enact planning and zoning ordinances for public safety, historic, health, business, residential and recreational purposes; and for other purposes. HB 57. By Mr. Hull of Richmond: A bill to amend an act creating the Mineral Leasing Commission, so as to increase the membership of the commission; and for other purposes. HR 179. By Mr. Mauney of White: A resolution congratulating Honorable Charles N. Maloof; and for other purposes. Mr. Plunkett of the 30th District, Chairman of the Committee on Industry and Labor, submitted the following report: Mr. President: Your Committee on Industry and Labor, has had under consideration the following bills of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendations: SB 50. Do Not Pass. SB 53. Do Pass. SB 89. Do Pass as Amended. SB 91. Do Pass. Respectfully submitted, Plunkett of 30th District, Chairman. 374 JOURNAL OF THE SENATE, Mr. Downing of the 1st District, Chairman of the Committee on County and Municipal Governments, submitted the following report: Mr. President: Your Committee on County and Municipal Governments has had under con sideration the following bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations: SB 60. Do Pass as Amended. SB 103. Do Pass by Substitute as Amended. HB 35. Do Pass. HB 109. Do Pass. HB 111. Do Pass. HB 117. Do Pass. HB 139. Do Pass. HB 187. Do Pass. HB 207. Do Pass. HB 220. Do Pass. HB 221. Do Pass. HB 222. Do Pass. HB 240. Do Pass. HB 263. Do Pass. HB 266. Do Pass. HB 267. Do Pass. HB 280. Do Pass. HB 286. Do Pass. HB 293. Do Pass. Respectfully submitted, Downing of 1st District, Chairman. The following local bill, favorably reported by the committee, was read the third time, and put upon its passage: SB 103. By Senators Wesberry of the 37th, Johnson of the 38th, Salome of the 36th and others: A bill to amend an act establishing a new charter for the City of Atlanta, and the several acts amendatory thereof; and for other pur poses. MONDAY, FEBRUARY 22, 1965 375 The Committee on County and Municipal Governments offered the following substitute: AN ACT To amend an act establishing a new charter for the City of At lanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which sheriff's adver tisements for Fulton County are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of 60 days immediately preceding its introduction into the General Assem bly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit to the effect that said notice has been published as provided by law, and it is hereby declared that all of the requirements of the Constitution of the State of Georgia of 1945, relat ing 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. An act establishing a new charter for the City of At lanta, approved February 28, 1874, as amended, is hereby further amended by adding a new section thereto to read as follows: "The public water supply system of the City of Atlanta shall be fluoridated pursuant to such policies, requirements or standards governing the treatment of public water supply systems as may be promulgated by any lawful authority; provided, however, that the Board of Health of Fulton County shall adopt a resolution by May 1, 1965, stating that said fluoridation is needed or not needed. If the resolution of said Board of Health declares that said fluorida tion is needed, this law becomes effective immediately unless 15% of the registered voters of Atlanta file petitions as provided in Section 3 hereof and less than one-half of the votes cast in the election on such question are for approval of the Act. If the Board of Health of Fulton County adopts a resolution stating that fluori dation is not needed, this Act shall not become effective unless 15% of the registered voters of Atlanta file petitions as provided in Section 3 hereof, an election is held pursuant to Section 3 here of, and more than one-half of the votes cast on such question are for approval of the Act. If the Board of Health of Fulton County adopts a resolution stating that fluoridation is needed, but less than 15% of the registered voters of Atlanta file a petition or petitions as provided in Section 3 hereof, this Act shall become effective on July 2, 1965." Section 3. In the event fifteen per cent (15%) or more of the registered voters of the City of Atlanta, as disclosed by the registra tion sheets of the last preceding election held in the City of Atlanta in 376 JOURNAL OP THE SENATE, which all the voters thereof were authorized to participate, shall file on or before July 1, 1965, a petition or petitions with the Clerk of the Board of Aldermen of the City of Atlanta requesting that this Act be submitted to the registered voters residing within the territorial limits of the City of Atlanta, it shall be the duty of the Mayor and the Board of Aldermen of the City of Atlanta to issue the call for an election for the purpose of submitting this Act to the voters of the City of Atlanta for approval or rejection. The Mayor and Board of Aldermen shall set the date of such election on the same date as the next election held in the City of Atlanta (the word "election" as used in this sentence shall mean any election in which all the voters of the City of Atlanta are authorized to participate, whether general, special or primary; whether state, county, or municipal; whether such election is to determine any matter or question or any other election of any kind or character). The Mayor and Board of Aldermen shall cause the date and purpose of the election to be published once a week for two weeks immediately pre ceding the date thereof, in the official organ of Fulton County. The ballot submitting the above proposed Act shall have written or printed thereon the following: "YES ( ) Shall the charter of the City of Atlanta be amended so as to provide that the public water supply system NO ( ) of said City shall be fluoridated?" All persons desiring to vote in favor of the Act shall vote for ap proval, and those persons desiring to vote for rejection of the Act shall vote against approval. 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. The expense of such election shall be borne by the City of Atlanta. It shall be the duty of the Mayor and Board of Aldermen to hold and conduct such election. They shall hold such election under the same laws and rules and regulations as govern elections in the City of Atlanta, except as otherwise provided herein. It shall be the duty of the Clerk of the Board of Aldermen to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. If an election is held pursuant to this Section and more than onehalf of the votes cast on such question are for approval of the Act, this Act shall become effective upon the certification of the result thereof to the Secretary of State. Section 4. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconsti tutional, such adjudication shall in no manner affect the other sec tions, 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 de clares 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. MONDAY, FEBRUARY 22, 1965 377 Section 5. All laws or parts of laws in conflict with this Act are hereby repealed. The Committee on County and Municipal Governments offered the follow ing amendment to the committee substitute to SB 103: Amend committee substitute to SB 103, Section 2 by striking date May 1, 1965 and insert March 15, 1965 and by striking July 2nd, 1965 and inserting July 16, 1965. Section 3 strike date July 1st, 1965 and insert July 15, 1965. On the adoption of the committee amendment to the committee substitute, the ayes were 31, nays 0, and the amendment to the substitute was adopted. On the adoption of the substitute as amended, the ayes were 31, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute as amended, was agreed to. On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute as amended. The following general bills, favorably reported by the committees, were read the third time, and put upon their passage: SB 89. By Senators Maclntyre of the 40th, Webb of the llth and others: A bill to create the "Georgia Residential Home Builders Commission"; and for other purposes. Senator Miller of the 43rd moved that SB 89 be recommitted to the Com mittee on Industry and Labor. On the motion to recommit, the ayes were 12, nays 19, and the motion was lost. 378 JOURNAL OF THE SENATE, SB 45. By Senator Broun of the 46th: A bill to provide that the State of Georgia shall be a party to the "Interstate Compact on Juveniles"; to provide the procedure connected therewith; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 22, nays 15. The bill, having failed to receive the requisite constitutional majority, was lost. Senator Broun of the 46th gave notice that at the proper time he would move that the Senate reconsider its action on SB 45. SR 52. By Senator Pennington of the 45th: A RESOLUTION Proposing an amendment to Article VII, Section II, Paragraph I-A of the Constitution, relating to the production, marketing, sale, use and utilization, processing and improvement of agricultural products, so as to provide that the General Assembly may delegate its powers with respect thereto to any Agricultural Commodity Commission or other state agency established by law; to provide, in addition, that the General Assembly shall have the power to determine which of such products are affected with a public interest, in which event the Gen eral Assembly shall provide for, and may delegate its powers with respect to, regulation of such product, in order to protect the public; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA: Section 1. Article VII, Section II, Paragraph I-A of the Constitu tion of Georgia (Ga. Laws 1960, Vol. One, page 1245), providing for the promotion of production, marketing, sale, use and utilization, proc essing and improvement of agricultural products, is hereby amended by adding to the end of said Paragraph I-A the following sentence: "The General Assembly may delegate to any Agricultural Com modity Commission or other state agency, any of the above powers; and, in addition thereto and in order to protect the public, shall have the power to determine which of such agricultural products MONDAY, FEBRUARY 22, 1965 379 are affected with a public interest, and where such determination is made, it shall provide by law for the regulation of the handling, sale and production thereof and may delegate to any such Commis sion or agency such of its powers with respect thereto as it deems advisable.", so that said Paragraph, when so amended, shall read as follows: "Paragraph I-A. Any other provision of this Constitution to the contrary notwithstanding, the General Assembly may provide for the promotion of the production, marketing, sale, use and utiliza tion, processing and improvement of any one or all of the agricul tural products including, but not limited to, livestock and livestock products, poultry and poultry products, timber and timber products, fish and sea food and the products of the farms and forests of this State. The General Assembly may provide for the promotion of such products individually, collectively, or in any combination thereof. The General Assembly may provide a means of financing any such promotion by imposing assessments, fees, or other charges upon the sale or processing of the affected products and may authorize the acceptance of gifts and donations, and may provide for the disposition of any funds arising under any such program without the necessity of such funds being placed in the State Treasury or being appropriated by the General Assembly. The General As sembly may provide for the supervision of any such program by the Department of Agriculture. The General Assembly may create instrumentalities, public corporations, authorities and commissions to administer such programs. The uniformity requirement of this Constitution shall be satisfied by the application of the program upon the affected products. The General Assembly may delegate to any Agricultural Commodity Commission or other state agency any of the above powers; and, in addition thereto and in order to protect the public, shall have the power to determine which of such agricultural products are affected with a public interest, and where such determination is made, it shall provide by law for the regula tion of the handling, sale and production thereof and may delegate to any such Commission or agency such of its powers with respect thereto as it deems advisable." 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: "YES ( NO ( ) Shall the Constitution be amended so as to provide that the General Assembly may determine agricultural ) products affected with a public interest; provide for regulation of the handling, production and sale there- 380 JOURNAL OF THE SENATE, of; and may delegate to any Agricultural Commodity Commission or other state agency its powers with re spect thereto and with respect to promotion of market ing and sale thereof?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No". 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: Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 61st Foster Gayner Hall Hill Holley Holloway Jackson Kidd Kilpatrick Lee Loggins Minish Moore McGill Noble Owens Padgett Pennington Rowan Sanders Smith Spinks Thompson Ward Webb Wesberry Young Those voting in the negative were Senators: Johnson of 42nd Kendrick Plunkett Searcey Smalley Tribble Yancey By unanimous consent, verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 38, nays 7. The resolution, having received the requisite constitutional two-thirds ma jority, was adopted. MONDAY, FEBRUARY 22, 1965 381 SB 102. By Senators Loggins of the 53rd, Fincher of the 51st, Kendrick of the 32nd, Moore of the 31st, Johnson of the 38th and Johnson of the 42nd: A bill to create the Metropolitan Rapid Transit Authority; and for other purposes. Senator Thompson of the 34th offered the following amendment: Amend SB 102 by adding after the first sentence and before the second sentence of Subsection (h) of Section 6 a new sentence to read as follows: "The Secretary of the Board shall give written notice to each member of the Board at least two days prior to any called meeting that may be scheduled, and said Secretary shall be informed of the call of such meeting sufficiently in advance so as to provide for his giving notice as above." On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted. Senator Thompson of the 34th offered the following amendment: Amend SB 102 by striking from Subsection (b) of Section 10 the words "either before or after" and inserting in lieu thereof the word "before". On the adoption of the amendment, the ayes were 40, nays 0, and the amend ment was adopted. Senator Thompson of the 34th offered the following amendment: Amend SB 102 by adding to the end of Paragraph 2 of Subsection (i) of Section 6 the following words: "Any such purchase or lease shall be made only upon a show ing that the acquisition of said public or private system of trans portation is essential to the development of a means of rapid transit for the metropolitan areas." On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted. 382 JOURNAL OF THE SENATE, Senator Thompson of the 34th offered the following amendment: Amend SB 102 by striking from Subsection (f) of Section 6 the words "twenty-five" and inserting in lieu thereof the word "fifty". By striking from said Subsection the words "two hundred fifty" and inserting in lieu thereof the words "five hundred". On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, Senator Sanders of the 41st called for the ayes and nays, and the call was sustained. A roll call was ordered, and the vote was as follows: Those voting in the affirmative were Senators: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Fincher of 51st Fincher of 54th Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill Noble Owens Padgett Plunkett Rowan Salome Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young Voting in the negative was Senator Foster. By unanimous consent, verification of the roll call was dispensed with. On the passage of the bill, the ayes were 48, nays 1. MONDAY, FEBRUARY 22, 1965 383 The bill, having received the requisite constitutional majority, was passed as amended. Senator Gordy of the 15th, 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 bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House of Representatives: SB 88. Respectfully submitted, Gordy of the 15th District, Chairman. Senator Webb of the llth 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. 384 JOURNAL OF THE SENATE, Senate Chamber, Atlanta, Georgia, Tuesday, February 23, 1965. The Senate met pursuant to adjournment at 11:00 o'clock this morning, and was called to order by the president. Scripture reading and prayer was offered by the chaplain, Reverend Louis F. Kennedy, pastor, First Baptist Church, Thomasville, Georgia. By unanimous consent, the call of the roll was dispensed with. Senator Broun of the 46th moved that the Senate reconsider its action of yesterday on the following bill of the Senate: SB 45. By Senator Broun of the 46th: A bill to provide that the State of Georgia shall be a party to the "Interstate Compact on Juveniles"; to provide the procedure connected therewith; and for other purposes. On the motion, Senator Broun of the 46th called for the ayes and nays, and the call was sustained. A roll call was ordered, and the vote was as follows: Those voting in the affirmative were Senators: Broun Dean Downing Eldridge Fincher of 51st Fincher of 54th Gayner Gillis Holley Holloway Kendrick Kilpatrick Lee Loggins Minish Moore Owens Pennington Plunkett Smalley Spinks Ward Webb Wesberry Yancey Young Those voting in the negative were Senators: Adams Bateman Foster Gordy Maclntyre Miller McKenzie Noble Rowan Sanders Searcey Thompson Tribble TUESDAY, FEBRUARY 23, 1965 385 By unanimous consent, verification of the roll call was dispensed with. On the motion to reconsider, the ayes were 26, nays 13, and the motion was lost. 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 Webb of the llth 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 was submitted and read by the secretary: REPORT OF THE INTERIM COMMITTEE TO STUDY THE FEASI BILITY OF PLACING THE SOUTHERN COLLEGE OF PHARMACY IN ATLANTA, GEORGIA UNDER THE JURISDICTION OF THE BOARD OF REGENTS. INTRODUCTION: At the 1964 special session, the Senate passed Resolution No. 28 creating an interim committee to study the feasibility and advisability of placing the Southern College of Pharmacy in Atlanta, Georgia under the jurisdiction of the Board of Regents. Senator Dan I. Maclntyre, III of the 40th was appointed chairman, and the other members of the committee are Senators Jack C. Fincher, Sr. of the 51st, Paul C. Broun of the 46th, J. Battel Hall of the 52nd, Frank E. Coggin of the 35th and Leroy R. Johnson of the 38th. 386 JOURNAL OF THE SENATE, In the spring of 1964 the Southern College of Pharmacy, a division of Mercer University, requested the Board of Regents to make the Southern College of Pharmacy a part of Georgia State College. Pur suant to such request made of the Board of Regents, on May 15, 1964, a Resolution was unanimously adopted which stated the following: "Resolved that the Board of Regents shall and it does hereby declare, in its opinion, the acceptance of the proposal that the Southern College of Pharmacy be made a part of the Georgia State College at this time would not be in the best interest of the State of Georgia. "Resolved further that the Board of Regents shall and it does here by express its sincere hope that the Southern College of Pharmacy can secure the financial support necessary to enable it to continue opera tion; that at the time conditions are such that it would be feasible and desirable of the University System to undertake to operate two schools of pharmacy, the Board of Regents will again consider the matter." An organizational meeting of the committee was called by the Chairman and held on December 11, 1964. At this meeting the members decided to visit the School of Pharmacy at the University of Georgia in Athens, to visit the Southern College of Pharmacy, to discuss the problem with the Board of Regents, to interview the Joint-Secretary of the State Examining Boards, and to seek information from any other sources which might aid the committee to reach a satisfactory conclu sion. Extent of Study--Shortly after the organizational meeting, the School of Pharmacy at the University of Georgia was visited. Dean Waters and his staff made a complete report and the new facilities were inspected by the committee. The new pharmacy building contains 96,000 sq. ft. and was completed in 1964 for a total cost of around $2,000,000.00. The Dean explained that with the new facility the School is capable of enrolling approximately 600 students with a graduate class of approximately 200. In his opinion, these capacities exceed all known estimates of manpower needs for pharmacists in the State of Georgia. He emphasized that no qualified student has ever been denied admission and that financial assistance for qualified students is readily available through several loan and scholarship funds. In addition to the regular degree at the University of Georgia, an excellent graduate school is available in Athens. The research program has been bolstered and upgraded by the expanded facilities. The Com mittee was most impressed with the facilities, professional staff, and overall program offered at the University. During the latter part of December, the Committee visited the Southern College of Pharmacy in Atlanta, Georgia. Dean Oliver M. Littlejohn met with us and explained the problem. In the spring of 1964 the financial condition of the Southern College of Pharmacy was in such a serious condition that it was doubtful whether the school would be able to continue operations in September of 1964. The school was granted only one year's accreditation by the National Accreditation Bureau because of its unstable financial condition. An immediate at- TUESDAY, FEBRUARY 23, 1965 387 tempt to improve the condition was made. Since that time a grant of $55,000.00 per year has been made to the school for operating expenses, $20,000.00 of which was dependent upon the college raising an addi tional $20,000.00. The chairman of the college's board of directors stated that the campaign to raise the additional $20,000.00 had begun and should be completed in the near future. The $75,000.00 additional money for operating expenses temporarily solves the financial difficulties. This grant is guaranteed for a three-year period. Dean LittleJohn explained the program and the committee toured the physical facilities. Even though the physical facilities do not compare with those at the University of Georgia, the committee was most impressed with the overall operation and the contribution that the Southern College of Pharmacy has made to pharmaceutical education in Georgia, and com mends Dean Littlejohn and his staff for the fine job they are doing. The college furnishes a pharmaceutical degree but does not have a graduate school. They do not plan to furnish graduate degrees in the future. The committee interviewed Dr. Walter Martin, Vice Chancellor of the University System. Dr. Martin explained that he had researched the request for the Board of Regents. In his opinion, which was shared by the Board of Regents, it is of great importance that among the insti tutions in the State of Georgia there should be a minimum of duplica tion of eeffort, especially in the professional and technical fields. He felt that the new facility at the University of Georgia was adequate and sufficient to take care of the need for pharmacists in the future. The operating budget of the Southern College of Pharmacy is approxi mately $120,000.00 for 120 students. The operating budget for the School of Pharmacy at the University of Georgia is approximately $265,000.00 for approximately 275 students. Dr. Martin wrote the deans of several pharmaceutical schools throughout the country, and it was the con census that one state-supported school of pharmacy was sufficient for the needs of Georgia. It was the feeling of the committee, as well as many pharmacists who are interested in the continuation of the South ern College of Pharmacy, that research should continue to determine whether two state-supported schools of pharmacy might be advanta geous in the future. The committee visited Mr. C. L. Clifton, Joint Secretary of the State Examining Boards, in an attempt to determine the future needs for pharmacists. Recommendations from the American Council on Pharmaceutical Education were requested. The general concensus is that with the population of Georgia increasing by approximately 100,000 annually, approximately 150 new pharmacists will be needed to replace those lost due to death or retirement and to take care of expanding opportunities. More significant points to be decided, however, are whether there are communities in Georgia without a pharmacist and whether there will be a shortage in the overall demand for pharmacists in the future. 388 JOURNAL OF THE SENATE, Relating to the whole question is the inescapable fact that greater Atlanta is a rapidly expanding metropolis where heavier concentra tions of all health professions are bound to develop and from where more professional students are bound to come. This raises such ques tions as: Is it too far, expensive or inconvenient to commute to Athens or to live away from home? How essential is it to live in Atlanta to finance an education? How closely associated with the alleged need for a college in Atlanta is the need for sub-professional help on the part of Atlanta pharmacists? In addition to the fact that potential pharmaceutical students can now take two years of pre-pharmacy work in Atlanta, are there other ways that the University of Georgia could be useful to the profession in Atlanta? RECOMMENDATIONS After careful study and deliberations, the committee feels strongly that since the life of the committee was approximately one month, suf ficient time was not available to arrive at a definite conclusion. How ever, based on the limited information the committee was able to secure in the short period referred to above, the committee does not suggest the immediate placing of the Southern College of Pharmacy under the Board of Regents, but does recommend that the Board of Regents retain an open mind as to this matter. It was also recommended that a new interim committee be created at the 1965 session to continue this study. The committee wishes to thank all of those people who rendered assistance and recommend that a copy of this report be sent to the Governor, each member of the Board of Regents, the University of Georgia School of Pharmacy, the Southern College of Pharmacy, Mercer University, and be made available for other interested persons. The committee expresses its appreciation to the staff of the Office of the Legislative Counsel for its able assistance. Respectfully submitted, Dan I. Maclntyre, III Senator, 40th District Jack C. Pincher, Sr. Senator, 51st District Paul C. Broun Senator, 46th District J. Battle Hall Senator, 52nd District LeRoy R. Johnson Senator, 38th District Frank E. Coggin Senator, 35th District TUESDAY, FEBRUARY 23, 1965 389 The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate to-wit: HB 390. By Messrs. Matthews and Newton of Colquitt: A bill to amend the act creating a Small Claims Court in Colquitt County, so as to further provide for and clarify rules of practice and procedure in such small claims court; and for other purposes. HB 391. By Messrs. Duncan, Jordan and McDaniell of Cobb: A bill to amend an act creating the Cobb County-Marietta Water Authority, so as to provide that the Chairman of the Board of Com missioners of Roads and Revenues of Cobb County shall be a member and Chairman of such Authority; and for other purposes. HB 392. By Messrs. Duncan, Jordan and McDaniell of Cobb: A bill to amend an act creating a new charter for the City of Kennesaw, so as to change the number of council meetings and to provide compensa tion to the mayor and City Council for attendance of such additional meetings; and for other purposes. HB 397. By Messrs. Parrar, Harris and Bowen of DeKalb: A bill to amend an act, creating and establishing the Civil and Criminal Court of DeKalb County, so as to provide for the salaries of the judges; and for other purposes. HB 398. By Mr. Leonard of Murray: A bill to amend an act creating a new charter for the City of Chatsworth, so as to change the corporate limits thereof; and for other purposes. HB 401. By Messrs. Luke, Hull and Simkins of Richmond: A bill to amend the charter of the City of Augusta incorporated as the City Council of Augusta, so as to provide for the office of assistant recorder and to define the duties thereof; and for other purposes. 390 JOURNAL OF THE SENATE, HE 402. By Messrs. Luke, Hull and Simkins of Richmond: A bill to amend the charter of the City of Augusta incorporated as the City Council of Augusta, so as to provide that the rules of the Civil Service Commission shall specify that the minimum height re quirement for applicants for the police dept. shall be 5 ft. 7% in.; and for other purposes. HB 403. By Messrs. Luke, Simkins and Hull of Richmond: A bill to amend the charter of the City of Augusta, so as to provide that a contest of the election of the mayor or a member of council shall be heard and determined by the superior court of Richmond County; and for other purposes. HB 405. By Mr. Smith of Camden: A bill to amend the Charter of the City of St. Marys, by granting the Mayor and Council of said City the power and authority to adopt an ordinance authorizing the use of voting machines for recording and computing the vote of all city, general and special elections held in the city; and for other purposes. HB 406. By Mr. Strickland of Evans: A bill to abolish the present mode of compensating the sheriff of Evans County, known as the fee system, to provide in lieu thereof an annual salary; and for other purposes. HB 408. By Mr. Bynum of Rabun: A bill to place the sheriff of Rabun County upon an annual salary; and for other purposes. HB 409. By Messrs. Matthews and Newton of Colquitt: A bill to amend an act creating a Board of Commissioners of Colquitt County, so as to change the amount of the bond of the Chairman of the Board of Commissioners; and for other purposes. SB 70. By Senator Downing of the 1st: A bill to prescribe and establish compensation for the Chief Judge and for the Associate Judge of the Municipal Court of Savannah; and for other purposes. The House has passed by substitute the following bill of the Senate: TUESDAY, FEBRUARY 23, 1965 391 SB 58. By Senators Downing of the 1st and Tribble of the 3rd: A bill to amend an act creating and relating to the Board of Public Education for the City of Savannah and the County of Chatham; and for other purposes. The House has passed by the requisite Constitutional majority the following bills of the House to-wit: HB 278. By Mr. Williams of Hall and others: A bill to amend an act entitled "Uniform Act Regulating Traffic on Highways", so as to increase the time within which a vehicle may be allowed to meet the requirements prescribed for a certificate of inspec tion; and for other purposes. HB 279. By Mr. Wilson of Brantley and others: A bill to amend Code Title 53, known as "Husband and Wife", so as to provide for a certificate signed by a licensed physician of the State of Georgia, stating that an underage female is pregnant; and for other purposes. HB 399. By Mr. Bagby of Paulding and many others: A bill to amend an act creating the Department of Public Safety, so as to remove the limitation on the number of officers and men in the battalion; to change the compensation of certain members of the Uni form Division of the Department of Public Safety, radio operators, license examiners and members of the Georgia Bureau of Investigation; and for other purposes. The House has agreed to the Senate amendments to the following bills of the House: HB 160. By Mr. Brown of Hart: A bill to abolish the present mode of compensating the Sheriff of Hart County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes. HB 28. By Messrs. Harris and Smith of Glynn: A bill to be entitled an act to amend the charter of the City of Bruns wick; and for other purposes. 392 JOURNAL OF THE SENATE, HB 87. By Messrs. Luke, Simkins and Hull of Richmond, Phillips of Columbia and Lewis of Burke: A bill to amend an act abolishing the fee system for the Solicitor General of the Augusta Judicial Circuit and placing him upon an annual salary, so as to provide for the position of a chief assistant solicitor general; and for other purposes. The House agrees to the Senate substitute to the following bill of the House: HB 238. By Messrs. Harris and Smith of Glynn: A bill to amend an act creating the "Magistrate's Court of Glynn County", so as to change the compensation of the magistrate of said court; and for other purposes. The House has adopted the following resolution of the House: HR 196. By Mr. Brown of Bacon and others: A resolution commending Honorable Alfred W. Tate, Manager of the Regional Office of the Veterans Administration in Atlanta, Georgia; and for other purposes. The following bills and resolutions were introduced, read the first time, and referred to committees: SB 122. By Senator Gayner of the 5th: A bill to abolish the State Literature Commission; and for other pur poses. Referred to Committee on Judiciary. SB 123. By Senator Fincher of the 51st: A bill to make it unlawful to possess more than two fluid ounces of the drug known as Tincture of Camphorated Opium, and commonly known as Paregoric; to provide for penalties and for other purposes. Referred to Committee on Health and Welfare. SB 124. By Senator Hall of the 52nd: A bill to amend an act entitled an Act to create a new charter and municipal government for the City of Rome, to provide for an increase TUESDAY, FEBRUARY 23, 1965 393 in the contributions to the Retirement Fund of the City of Rome by the City and certain employees; and for other purposes. Referred to Committee on County and Municipal Governments. SB 125. By Senator Johnson of the 42nd: A bill to amend Code Section 56-1523, relating to the payment of divi dends to stockholders, so as to provide for the manner in which divi dends shall be paid to stockholders of domestic stock insurers; and for other purposes. Referred to Committee on Banking and Finance. HB 278. By Messrs. Williams of Hall, Matthews of Colquitt, Anderson of Pulaski and others: A bill to amend an act entitled "Uniform Act Regulating Traffic on Highways", so as to increase the time within which a vehicle may be allowed to meet the requirements prescribed for a certificate of inspec tion; and for other purposes. Referred to Committee on Highways. HB 279. By Messrs. Wilson of Brantley, Jones of Muscogee, Merritt and Blair of Sumter and others: A bill to amend Code Title 53, known as "Husband and Wile", so as to provide for a certificate signed by a licensed physician of the State of Georgia, stating that an underage female is pregnant; and for other purposes. Referred to Committee on Health and Welfare. HB 390. By Messrs. Matthews and Newton of Colquitt: A bill to amend the act creating a Small Claims Court in Colquitt Couty and all other counties with population of not less than 33,300 nor more than 34,056, so as to further provide for and clarify rules of practice and procedure in such Small Claims Courts; and for other purposes. Referred to Committee on County and Municipal Governments. HB 391. By Messrs. Duncan, Jordan and McDaniell of Cobb: A bill to amend an act creating the Cobb County-Mareitta Water Authority, so as to provide that the chairman of the Board of Com missioners of Roads and Revenues of Cobb County shall be a member and chairman of such Authority; and for other purposes. Referred to Committee on County and Municipal Governments. 394 JOURNAL OF THE SENATE, HB 392. By Messrs. Duncan, Jordan and McDaniell of Cobb: A bill to amend an act creating a new charter for the City of Kennesaw, so as to change the number of council meetings and to provide com pensation to the mayor and city council for attendance at such addi tional meetings; and for other purposes. Referred to Committee on County and Municipal Governments. HB 397. By Messrs. Parrar, Harris and Bowen of DeKalb: A bill to amend an act approved February 14, 1951, creating and estab lishing the Civil and Criminal Court of DeKalb County, so as to pro vide for the salaries of the judges; to provide for the salaries of the solicitor; to provide for the jurisdiction of said court; and for other purposes. Referred to Committee on County and Municipal Governments. HB 398. By Mr. Leonard of Murray: A bill to amend an act creating a new charter for the City of Chatsworth, so as to change the corporate limits thereof; and for other purposes. Referred to Committee on County and Municipal Governments. HB 399. By Messrs. Bagby of Paulding, Floyd of Chattooga, Lane of Bulloch: A bill to amend an act creating the Department of Public Safety, so as to remove the limitation on the number of officers and men in the bat talion; to change the compensation of certain members of the Uniform Division of the Department of Public Safety, radio operators, license examiners and members of the Georgia Bureau of Investigation; and for other purposes. Referred to Committee on Rules. HB 401. By Messrs. Luke, Hull and Simkins of Richmond: A bill to amend the charter of the City of Augusta, so as to provide for the office of assistant recorder and to define the duties thereof; and for other purposes. Referred to Committee on County and Municipal Governments. HB 402. By Messrs. Luke, Simkins and Hull of Richmond: A bill to amend the charter of the City of Augusta, so as to provide that the rules of the Civil Service Commission shall specify that the minimum height requirement for applicants for the police department of the city council shall be 5' 7% ; and for other purposes. Referred to Committee on County and Municipal Governments. TUESDAY, FEBRUARY 23, 1965 395 HB 403. By Messrs. Luke, Simkins and Hull of Richmond: A bill to amend the charter of the City of Augusta, so as to provide that a contest of the election of the mayor or a member of council shall be heard and determined by the Superior Court of Richmond County; and for other purposes. Referred to Committee on County and Municipal Governments. HB 405. By Mr. Smith of Camden: A bill to amend the charter of the City of St. Marys, Georgia, by grant ing the mayor and council of said city the power and authority to adopt an ordinance authorizing the use of voting machines for record ing and computing the vote at all city general and special elections held in the city; and for other purposes. Referred to Committee on County and Municipal Governments. HB 406. By Mr. Strickland of Evans: A bill to abolish the present mode of compensating the sheriff of Evans 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 408. By Mr. Bynum of Rabun: A bill to place the sheriff of Rabun County upon an annual salary; and for other purposes. Referred to Committee on County and Municipal Governments. HB 409. By Mr. Matthews of Colquitt: A bill to amend an act creating a Board of Commissioners of Colquitt County, so as to change the amount of the bond of the chairman of the Board of Commissioners; and for other purposes. Referred to Committee on County and Municipal Governments. The following bills and resolutions were read the second time: SB 116. By Senator Holley of the 22nd: A bill to amend an act entitled "An Act to provide for the appointment of two superior court reporters or court stenographers to the judges of the superior courts in certain counties, so as to clarify the duties and compensation of such official court reporters shall be in full pay- 396 JOURNAL OF THE SENATE, ment for all services rendered at sessions of the Superior Courts; and for other purposes. SB 117. By Senator Dean of the 6th: A bill to provide that any person who is a graduate of a medical school or college in the State of Georgia or in any other state shall be eligible to take an examination for a license to practice medicine in the State of Georgia; and for other purposes. SB 118. By Senators Dean of the 6th and Rowan of the 8th: A bill to amend an act establishing a new minimum foundation pro gram of education in Georgia, so as to authorize and direct the State Board of Education to change the minimum salaries of drivers of school buses in all counties of this State under certain conditions; and for other purposes. SB 119. By Senator Downing of the 1st: A bill to be known as the "Minimum Wage Law" establishing a mini mum wage for employees with the State of Georgia; to provide for the administration and enforcement of the Act; and to prescribe penalty for the violation of this Act; to repeal conflicting laws; and for other purposes. SB 120. By Senators Johnson of 38th, Maclntyre of 40th and others: A bill to amend an act establishing a new charter for the City of Atlanta, and the several acts amendatory thereof; and for other pur poses. SB 121. By Senators Johnson of the 38th, Maclntyre of the 40th, Coggin of the 35th and others: A bill to amend the act approved August 20, 1927, providing that cities having a population of more than 150,000 as disclosed by the United States Census of 1920, or any subsequent census, shall furnish pen sions to officers and employees of such cities, so as to provide addi tional pension benefits, to repeal conflicting laws; and for other pur poses. HB 45. By Messrs. Bolton of Spalding and Chandler of Baldwin: A bill to amend an act known as the "Motor Vehicle Tax Law", so as to change the procedure for making refunds of State taxes on gasoline used by certain water craft; and for other purposes. TUESDAY, FEBRUARY 23, 1965 397 HB 105. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A bill to amend Code section 92-3109, relating to deductions in com puting net income for income tax purposes, so as to authorize for small business an additional first year depreciation allowance as defined in section 179 of the U. S. Internal Code of 1954, as amended; and for other purposes. HB 107. By Mr. Steis of Harris: A bill to create a State agency to be known as the "State Properties Acquisition Commission"; and for other purposes. HB 192. By Mr. Jones of Muscogee: A bill to amend an act providing for the establishment of farmers markets, so as to authorize the Commissioner of Agriculture to enter into leases of land utilized for farmers markets upon which the leasee agrees to construct capital improvements; and for other purposes. HB 217. By Messrs. Richardson, Shea and Sewell of Chatham: A bill to amend chapter 40-8 of the Code of Georgia of 1933, as amended, concerning the organization, operation and duties of the Department of Archives and History of this State, so as to authorize and empower the Secretary of State to designate and establish branch depositories; and for other purposes. HB 241. By Messrs. NeSmith of Meriwether, Smith of Lamar, DeVane of Schley, Jessup of Bleckley and Steis of Harris: A bill to amend an act authorizing the chartering and empowering of corporations and amending, revising and perfecting the corporation laws of this State, and to amend section 22-1604 of the Code of Georgia of 1933, relating to the examination of petitions for the domestication of foreign corporations; and for other purposes. HB 248. By Messrs. Rhodes of Baker, Jones of Bibb, Luke and Simkins of Richmond and others: A bill to amend section 34-1001, relating to filing notice of candidacy of the Georgia Election Code, so as to change the number of days prior to the general election within which any candidate required to accom pany his notice of candidacy with a nomination petition must file such notice; and for other purposees. HB 282. By Messrs. Story and Watson of Gwinnett: A bill to amend an act entitled "Uniform Act Regulating Traffic on Highways", so as to change the speed restrictions for vehicles; and for other purposes. 398 JOURNAL OP THE SENATE, HB 284. By Messrs. Duncan, Jordan and McDaniell of Cobb: A bill to amend an act authorizing the judges of the superior courts in certain counties to appoint jury clerks, so as to change the popula tion requirements in order to have said act apply to certain other counties; and for other purposes. HB 288. By Messrs. Bichardson, Sewell and Shea of Chatham: A bill to amend an act entitled "An act to incorporate the 'Georgia Historical Society'", so as to designate and name new members of the Society; and for other purposes. HB 290. By Messrs. Smith of Grady and Murphy of Haralson: A bill to amend Code section 91-103A, relating to the creation of the "State Real Properties Control Commission", so as to provide for biennial elections of a member of the House of Representatives and a member of the Senate to said Commission; and for other purposes. HB 351. By Mr. Griffin of Glascock: A bill to amend an act creating a new charter for the Town of Mitchell in the County of Glascock, so as to change the hours during which the polls shall be open for elections; and for other purposes. HB 352. By Mr. Griffin of Glascock: A bill to amend an act entitled "An act to create a Board of Commis sioners of Roads and Revenues for the County of Glascock, so as to change the compensation of the Commissioners of Roads and Revenues; and for other purposes. HB 353. By Messrs. McClelland, Brooks and Etheridge of Fulton: A bill to abolish the office of coroner of Pulton County; to create the office of medical examiner; and for other purposes. HB 354. By Mr. Pope of Cherokee: A bill to provide for the inspection and regulation of the sale of anti freeze substances and preparations; and for other purposes. HB 361. By Mr. Lovett of Laurens: A bill to amend an act providing for the office hours of the Board of Commissioners of Roads and Revenues, the clerk of the Superior Court, TUESDAY, FEBRUARY 23, 1965 399 the tax commissioner, the sheriff, and the County School Superin tendent of Laurens County, so as to change the hours which said offices shall be open on Saturdays; and for other purposes. HB 362. By Mr. Lee of Pike: A bill to abolish the present mode of compensating the sheriff of Pike County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes. HB 363. By Messrs. Matthews and Newton of Colquitt: A bill to amend an act consolidating the office of tax receiver and tax collector of Colquitt County into the office of tax commissioner, so as to change the compensation of the tax commissioner; and for other purposes. HB 364. By Messrs. Matthews and Newton of Colquitt: A bill to amend an act creating the City Court of Colquitt County, so as to change the amount of the bond of the clerk of said court; and for other purposes. HB 365. By Messrs. Matthews and Newton of Colquitt: A bill to amend an act placing the county officers of Colquitt County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the ordinary of Colquitt County; and for other purposes. HB 366. By Messrs. Steis of Harris, Bagby of Paulding, Houston of Pierce, Bolton of Spalding, Richardson of Chatham, Snow of Walker and others: A bill to amend an act to amend section 22-1703 of the Code of Georgia of 1933, requiring certain corporations to annually file returns with the Secretary of State, so as to require such corporations to include in their annual returns the name and address of each director and officer and such other information as the Secretary of State may determine to be in the public interest; and for other purposes. HB 368. By Messrs. Brinkley, Jones and Pickard of Muscogee: A bill to amend the charter whereby the members of the Commission of the City of Columbus shall by a majority vote of the Commission, establish their own salary, said salary in any event not to exceed $500.00 per month; and for other purposes. 400 JOURNAL OF THE SENATE, HB 369. By Messrs. Pickard, Brinkley and Jones of Muscogee: A bill to amend an act entitled "An act to provide that Muscogee County shall provide for a permanent pension fund for present and future employees, including the City-County Health Department and elective salaried officers; and for other purposes. HB 370. By Messrs. Pickard and Jones of Muscogee: A bill to amend an act creating the Board of Commissioners of Roads and Revenues of Muscogee County, relating to the election of chairman and vice-chairman; and for other purposes. HB 371. By Messrs. Pickard, Brinkley and Jones of Muscogee: A bill to amend Code section 21-101 of the Code of the State of Georgia relating to coroners, so as to provide in certain counties coroners may appoint a deputy coroner to act in the coroner's stead when the coroner is temporarily absent; and for other purposes. HB 372. By Messrs. Pickard and Brinkley of Muscogee: A bill to amend Code section 21-105 relating to fees paid to coroners to provide for the payment of an annual salary in lieu of fees in cer tain counties; and for other purposes. HB 379. By Messrs. McDaniell, Duncan and Jordan of Cobb: A bill to abolish the office of treasurer of Cobb County; to provide that the Cobb County Comptroller shall perform the duties of said treasurer; and for other purposes. HB 380. By Messrs. McDaniell, Duncan and Jordan of Cobb: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Cobb County, so as to change the provisions relating to meetings of the Commission; and for other purposes. HB 382. By Mr. Reaves of Brooks: A bill to provide that the tax commissioner of certain counties shall have the power and authority to levy and collect tax fi fas which are issued by the tax commissioner; and for other purposes. HB 385. By Mr. Smith of Camden: A bill to amend an act creating a new city charter and municipal gov ernment for the City of St. Marys, Georgia, so as to change the method of filling vacancies on the city council; and for other purposes. TUESDAY, FEBRUARY 23, 1965 401 HB 388. By Mr. Henderson of Atkinson: A bill to amend an act creating an amended charter for the Town of Willacoochee in the County of Atkinson, so as to provide that the mayor and members of the board of aldermen shall be elected by a majority vote; and for other purposes. HB 389. By Messrs. Sweat and Dixon of Ware: A bill to amend an act so as to provide that the compensation of the acting city manager shall be fixed by resolution of the commission of the City of Waycross; and for other purposes. HR 48. By Mr. Pope of Cherokee: A resolution to repeal a resolution authorizing the conveyance of cer tain state-owned properties in Cherokee County; and for other pur poses. HR 56. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A resolution to ratify, approve and confirm the executive order of the Governor, dated March 5, 1964, 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. HR 57. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A resolution to ratify, approve and confirm the executive order of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the pipe organ, pews and office furniture purchased by the Chapel of All Faiths at Milledgeville State Hospital, Milledgeville, Georgia until the next meeting of the General Assembly; and for other purposes. HR 58. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A resolution to ratify, approve and confirm the executive ordeer of the Governor, dated April 30, 1964, suspending the collection of any income tax attributable to the disallowance of the use of any of the methods of depreciation authorized in Section 179 of the Federal In ternal Revenue Code of 1954 on returns of income for certain taxable years until the next meeting of the General Assembly; and for other purposes. 402 JOURNAL OP THE SENATE, HR 122. By Mr. Pope of Cherokee: A resolution authorizing the conveyance of certain State property located in Cherokee County; 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 resolu tions of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations: SR 51. Do Pass. HR 117. Do Pass. Respectfully submitted, Rowan of 8th District, Secretary. 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 bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation: HB 25. Do Pass by Substitute. Respectfully submitted, Gillis of 20th District, Chairman. The following local, uncontested resolution, favorably reported by the com mittee, was read the third time, and put upon its passage: HR 117. By Messrs. Richardson and Shea of Chatham: A RESOLUTION Proposing an amendment to Article V, Section VII, Paragraph II of the Constitution of the State of Georgia, relating to the Savannah District Authority, so as to change the name of said authority to "Sa- TUESDAY, FEBRUARY 23, 1965 403 vannah Port Authority"; to prescribe that the number of members thereof shall be increased from ten to nineteen members who shall serve for periods of not less than one nor more than five years; to confirm and declare that the statutory body bearing either of said names is one and the same body as the said constitutional authority; to confirm title to property in said authority acquired in either name before or after the adoption on November 4, 1952, of said constitutional amendment; to provide for the submission of this amendment for ratification or rejection by the people; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 Article V of the Constitution is hereby amended by striking from Paragraph II of Section VII the words "Savannah District Authority" as they appear in the first paragraph of said Paragraph II and sub stituting in lieu thereof the words "Savannah Port Authority", by striking thee first sentence of the second paragraph of said Paragraph II and substituting in lieu thereof the following sentence: "The authority shall consist of nineteen members who shall serve for periods of not less than one nor more than five years as provided by law and who shall be eligible for reappointment.", by adding at the end of the third paragraph of said Paragraph II the following sentence: "Title to all lands, acquired by the statutory body named 'Savan nah Port Authority' and renamed 'Savannah District Authority', owned by said statutory authority at the time of its elevation to constitutional status under the name of Savannah District Authority, is confirmed and is vested in said constitutional authority hereby named 'Savannah Port Authority', which authority is hereby recognized and declared to be one and the same continuing body corporate and politic as the earlier statutory authority of like name.", and by adding at the end of said Paragraph II the following: "All acts of the persons now sitting, and who have sat, as members of the Savannah District Authority, and acts of those members holding over under the Act of 1961 (Georgia Laws 1961, p. 2958), are hereby affirmed and ratified.", so that when so amended Paragraph II of Section VII of Article V shall read as follows: "Paragraph II. There is hereby created a body corporate and politic to be known as the 'Savannah Port 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 Chatham County and the City of Savannah. 404 JOURNAL OF THE SENATE, "The authority shall consist of nineteen members who shall serve for periods of not less than one nor more than five years as provided by law and who shall be eligible for reappointment. Said authority shall elect a chairman, and a vice-chairman and a secretary-treasurer. The secretary-treasurer shall not be required to be a member of the author ity. Said members shall be appointed as provided by law and shall have such powers and duties as may be prescribed by the General Assembly and shall receive such additional powers as may be delegated to said authority by the County of Chatham or the City of Savannah. "All lands the title to which is vested in said authority, and the improvements thereon, shall be exempt from State and local taxation. Title to all lands, acquired by the statutory body named 'Savannah Port Authority' and renamed 'Savannah District Authority', owned by said statutory authority at the time of its elevation to constitutional status under the name of Savannah District Authority, is confirmed and is vested in said constitutional authority hereby renamed 'Savan nah Port Authority', which authority is hereby recognized and declared to be one and the same continuing body corporate and politic as the earlier statutory authority of like name. "Said authority is created for the purpose of developing industrial growth and expansion and for the purpose of making long range plans for the coordination of commerce, industry and traffic within its ter ritorial limits and shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Chat ham or the City of Savannah, and shall only exercise such powers as the General Assembly may from time to time confer. Said authority is created for the purpose of promoting for the public good industrial growth and expansion and planning as aforesaid without profit and any funds realized by said authority shall be continually and constantly expended for the development of industry and commerce and long range planning of traffic and facilities for the purpose of coordinating the same as set forth in the Act of the General Assembly creating said authority. All acts of the persons now sitting, and who have sat, as members of the Savannah District Authority, and acts of those mem bers holding over under the Act of 1961 (Georgia Laws 1961, p. 2958), are hereby affirmed and 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 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: TUESDAY, FEBRUARY 23, 1965 405 "YES ( NO ( ) Shall the Constitution of the State of Georgia be amended so as to change the name of the Savannah ) District Authority to "Savannah Port Authority", and to provide for an increase in the membership of such authority and confirm its corporate succession?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No." 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: Adams Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 54th Gayner Gillis Gordy Hall Holley Holloway Johnson of 42nd Kendrick Kilpatrick Lee Loggins Maclntyre Miller Minish McGill McKenzie Owens Padgett Plunkett Rowan Searcey Smalley Smith Spinks Tribble Ward Webb Wesberry Yancey 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. 406 JOURNAL OF THE SENATE, The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage: SB 53. By Senator Maclntyre of the 40th: A bill to amend Code section 114-102 which defines "injury" and "personal injury"; and for other purposes. Senator Holloway of the 12th moved that SB 53 be postponed until Feb ruary 25th. On the motion to postpone, the ayes were 36, nays 0, and the motion pre vailed. SB 98. By Senator Pennington of the 45th: A bill to amend an act approved March 30, 1937 (Ga. Laws 1937, p. 247), as amended, creating the Georgia Milk Commission and defining its duties, powers and membership and regulating the sale of milk, and known as the "Milk Control Act", so as to express the true original legislative intent of said act of February 17, 1959, transferring said Milk Commission to the Department of Agriculture; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 32, nays 1. The bill, having received the requisite constitutional majority, was passed. SR 51. By Senators Loggins of the 53rd, Fincher of the 51st, Kendrick of the 32nd and Moore of the 31st: A resolution creating a Rapid Transit Study Committee; and for other purposes. Senator Loggins of the 53rd asked unanimous consent that SR 51 be post poned to February 25, 1965. The consent was granted. TUESDAY, FEBRUARY 23, 1965 407 SB 91. By Senator Kidd of the 25th: A bill to amend an act creating the Claims Advisory Board, so as to change the provisions relative to the time limitations on filing notices of claims and the introduction of resolutions; and for other purposes. Senator Kidd of the 25th asked unanimous consent that SB 91 be postponed to February 24, 1965. The consent was granted. Senator Gordy of the 15th, 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 102. SB 103. SR 52. Respectfully submitted, Gordy of the 15th District, Chairman. The following resolution was read and adopted: SR 62. By Senators Wesberry of the 37th, Thompson of the 34th, Ward of the 39th and Maclntyre of the 40th: A resolution advocating the speedy recovery of the Senator from the 38th District; and for other purposes. Senator Webb of the llth moved that the Senate do now adjourn until 10:00 o'clock tomorow morning, and the motion prevailed. The president announced the Senate adjourned until 10:00 o'clock tomorrow morning. 408 JOURNAL OF THE SENATE, Senate Chamber, Atlanta, Georgia, Wednesday, February 24, 1965. 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 the chaplain, Reverend Ted Griner, pastor, First Methodist Church, Cochran, Georgia. Prayer was offered by the Reverend Clarence L. Harris, pastor, First Methodist Church, Chatsworth, Georgia. The roll was called, and the following senators answered to their names: Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Foster Gayner Gillis Gordy Hall Hill Holley Hollo way Jackson Johnson of 42nd Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble Owens Padgett Pennington Plunkett Rowan Salome Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young Senator Ballew of the 50th reported that the journal of yesterday's proceed ing had been examined and found correct. By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed. Senator Webb of the llth asked unanimous consent that the following be established as the order of business for today: 1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. WEDNESDAY, FEBRUARY 24, 1965 409 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions. The consent was granted. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills and resolutions of the House to-wit: HB 400. By Messrs. Mitchell and Smith of Whitfield: A bill to amend an act entitled "An Act to amend the charter of the City of Dalton, Georgia;", approved Feb. 12, 1945, as amended so as to formulate a schedule of personnel organization for the police and fire departments of the City of Dalton; and for other purposes. HB 411. By Mr. McCracken of Jefferson: A bill to repeal an act entitled "An Act to reduce the bond of the sheriff of Jefferson County, Georgia;" and for other purposes. HB 412. By Mr. McCracken of Jefferson: A bill to amend an act entitled "An Act to fix the compensation for the members of the Board of Roads and Revenues of Jefferson County, Georgia"; and for other purposes. HB 415. By Mr. Singer of Stewart: A bill to supplement the fee compensation of the clerk of the superior court of Stewart County by a monthly salary; to provide procedures connected therewith; and for other purposes. HB 416. By Mr. Singer of Stewart: A bill to place the Sheriff of Stewart County on a salary in lieu of a fee system of compensation; and for other purposes. 410 JOURNAL OF THE SENATE, HB 419. By Messrs. Matthews and Bedgood of Clarke: A bill to amend an Act approved August 24, 1872, and various Acts amendatory thereof, amending the Charter of the City of Athens, speci fying certain rules for retirement and pension plans; and for other purposes. HR 167. By Mr. Griffis of Cook: A resolution proposing an amendment to the Constitution so as to create the Cook County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. HR 184. By Mr. Poss of Madison: A resolution proposing an amendment to the Constitution so as to create the Madison County Industrial Development and Building Authority, to provide for the submission of this amendment for ratification or rejection; and for other purposes. The House has passed by substitute the following bill of the Senate to-wit: SB 13. By Senator Plunkett of the 30th: A bill to amend Code Section 34-1406, relating to the procedure for voting absentee ballots in primaries and elections; and for other pur poses. The House has passed by the requisite Constitutional majority, the following bill of the House to-wit: HB 274. By Mr. Steis of Harris: A bill to declare that the underground storage of natural or manufac tured gas intended for ultimate public use is in the public interest; to grant the right of eminent domain for the acquisition of property suit able for the construction of underground reservoirs for the storage of such gas, as well as such other property or interests in; and for other purposes. HB 296. By Mr. Jones of Liberty: A bill to amend Code Section 56-1022 of the Georgia Insurance Code, relating to mortgage loans and investments by insurers, so as to per mit an insurer's investment in part of a series or issue of loans with out having a senior participation in the mortgage or deeds securing such loans; and for other purposes. WEDNESDAY, FEBRUARY 24, 1965 411 HB 287. By Mr. Richardson of Chatham: A bill to require all meetings of the governing bodies of municipalities, counties, boards of public instructions, and other boards, etc., except grand juries, supported in whole or in part by public funds, to be public meetings; and for other purposes. HB 285. By Mr. Dean of Polk: A bill to amend an act establishing a State Retirement System, so as to change the provisions relating to former employees; and for other purposes. HB 292. By Messrs. Simkins of Richmond, Jones of Muscogee, Poss of Madison, Snow of Walker, Richardson of Chatham, Luke of Richmond and Vaughn of Rockdale: A bill to amend an act entitled "An Act to provide that any person who shall have reached his or her 18th birthday and who is married may execute notes, deeds, deeds to secure debts, for the purpose of securing loans on real estate;" as amended, so as to authorize certain minors to execute conditional sales contracts for the purchase of per sonality; and for other purposes. HB 322. By Mr. Irvin of Habersham: A bill to amend an act creating the North Georgia Mountains Commis sion, by providing that the Attorney General, the Director of the De partment of Industry & Trade, and the President of the Georgia Mountains Asso. shall not hereafter be ex-officio members; and for other purposes. HB 252. By Mr. Byrmm of Rabun: A bill to provide that all contracts entered into by the State Highway Dept. for road work shall include a provision calling for the sowing of appropriate vegetation on all banks; and for other purposes. HB 437. By Messrs. Milhollin and Williams of Coffee: A bill to amend an act creating the office of Commissioner of Roads and Revenues in Coffee County, so as to provide for a change in the compensation for the Chairman; and for other purposes. HB 438. By Messrs. Milhollin and Williams of Coffee: A bill to amend an act establishing the City Court of Douglas, so as to change the Compensation of the Judge of the City Court and the Solicitor; and for other purposes. 412 JOURNAL OP THE SENATE, HB 439. By Messrs. Milhollin and Williams of Coffee: A bill to abolish the present mode of compensating the Clerk of the Superior Court, the Sheriff, the Ordinary, and the Tax Commissioner of Coffee County, known as the fee system; and for other purposes. The following bills and resolutions were introduced, read the first time, and referred to committees: SB 126. By Senator Holley of the 22nd: A bill to amend an act entitled "An Act to abolish justice courts and the office of justice of the peace and notary public ex-officio justice of the peace and the office of constable in the City of Augusta, Georgia"; so as to revise all the laws relating to Municipal Court of Augusta, Georgia; and for other purposes. Referred to Committee on County and Municipal Governments. SB 127. By Senator Kendrick of the 32nd: A bill to authorize boards of education of certain counties to enter into contracts for group life, health or accident insurance covering the employees of said boards of education, including the right to pay a portion of the premiums thereof; and for other purposes. Referred to Committee on Educational Matters. SB 128. By Senator Smith of the 18th: A bill to provide for the listing of the firm names and addresses of proposed subcontractors, together with a description of the work pro posed to be done by each such subcontractor; to provide for rejection of bids which fail to comply with the requirements of this Act; to repeal conflicting laws; and for other purposes. Referred to Committee on Industry and Labor. SB 129. By Senator Yancey of the 33rd: A bill to amend an act entitled "Uniform Act Regulating Traffic on Highways", so as to provide that a vehicle proceeding in a line of traffic shall yield the right-of-way to a vehicle legally using the street or highway immediately ahead; and for other purposes. Referred to Committee on Highways. SB 130. By Senator Foster of the 21st: A bill to amend an act known as the "Minimum Foundation Program of Education Act", so as to provide a method whereby a certain per- WEDNESDAY, FEBRUARY 24, 1965 413 centage of the electors of any county, independent, or area school sys tem of this State may call an election for certain purposes; and for other purposes. Referred to Committee on Educational Matters. SB 131. By Senators Bateman of the 27th and Pennington of the 45th: A bill to amend an act of the General Assembly known as the Milk and Cheese; Dairy Inspection Act, so as to provide that Section 11 of said Act shall not apply to any person, firm or corporation, who manu factures, sells or offers for sale or have in possession anything under the name of "ice cream" if this product of manufacture is to be sold outside of the State of Georgia; and for other purposes. Referred to Committee on Agriculture and Natural Resources. SB 132. By Senator Johnson of the 38th: A bill to amend an act known as the "Optometry Act", so as to provide further rules affecting the public health; so as to provide that the Georgia State Board of Examiners of Optometry shall have authority and power to enact and enforce further rules and regulations; and for other purposes. Referred to Committee on Health and Welfare. SB 133. By Senator Yancey of the 33rd: A bill to provide that no notary public ex-officio justice of the peace may hold court without the approval of the Justice of the Peace, except in the event of the disability of the Justice of the Peace; to provide the procedure connected with the foregoing; and for other purposes. Referred to Committee on Judiciary. SR 63. By Senator Webb of the llth: A resolution amending the Rules of the Senate; and for other purposes. Referred to Committee on Rules. SR 64. By Senators Plunkett of the 30th and Carter of the 14th: A resolution to create an "Interim Scholarship Study Committee"; and for other purposes. Referred to Committee on Rules. 414 JOURNAL OF THE SENATE, HB 274. By Mr. Steis of Harris: A bill to declare that the underground storage of natural or manufac tured gas intended for ultimate public use is in the public interest; to grant the right of eminent domain for the acquisition of property suit able for the construction of underground reservoirs for the storage of such gas; and for other purposes. Referred to Committee on Industry and Labor. HB 287. By Mr. Richardson of Chatham: A bill to require all meetings of the governing bodies of municipalities, counties, boards of public instructions, and other boards, bureaus, com missions or organizations except grand juries, supported in whole or in part by public funds or expending public funds, to be public meet ings; and for other purposes. Referred to Committee on Rules. HB 296. By Mr. Jones of Liberty: A bill to amend Code section 56-1022 of the Georgia Insurance Code, relating to mortgage loans and investments by insurers, so as to per mit an insurer's investment in part of a series or issue of loans without having a senior participation in the mortgage or deeds securing such loans, provided that no other participant in such series or issue holds a senior participation to the insurer; and for other purposes. Referred to Committee on Banking and Finance. HB 400. By Messrs. Mitchell and Smith of Whitfield: A bill to amend an act entitled "an act to amend the charter of the City of Dalton, so as to formulate a schedule of personnel organization for the police and fire departments of the City of Dalton; and for other purposes. Referred to Committee on County and Municipal Governments. HB 411. By Mr. McCracken of Jefferson: A bill to repeal an act entitled "An act to reduce the bond of the sheriff of Jefferson County, from the amount of $10,000 to $5,000"; to provide that the sheriff shall furnish and give a bond in the sum now or here after provided by the general laws of the State; and for other purposes. Referred to Committee on County and Municipal Governments. HB 412. By Mr. McCracken of Jefferson: A bill to amend an act entitled "an act to fix the compensation for the members of the Board of Roads and Rvenues of Jefferson County", so as to provide the maximum compensation that may be fixed by said WEDNESDAY, FEBRUARY 24, 1965 415 Board for the member of said Board who is the chairman thereof; and for other purposes. Referred to Committee on County and Municipal Governments. HB 415. By Mr. Singer of Stewart: A bill to supplement the fee compensation of the clerk of the superior court of Stewart County by a monthly salary; and for other purposes. Referred to Committee on County and Municipal Governments. HB 416. By Mr. Singer of Stewart: A bill to place the sheriff of Stewart County on a salary in lieu of a fee system of compensation; and for other purposes. Referred to Committee on County and Municipal Governments. HB 419. By Messrs. Matthews and Bedgood of Clarke: A bill to amend the charter of the City of Athens, so as to provide a comprehensive and unified pension plan for certain officers, firemen, policemen, and employees of the mayor and council, and the various departments thereof; and for other purposes. Referred to Committee on County and Municipal Governments. HR 167. By Mr. Griff is of Cook: A resolution proposing an amendment to the Constitution so as to create the Cook County Industrial Development Authority; and for other purposes. Referred to Committee on Rules. HR 184. By Mr. Poss of Madison: A resolution proposing an amendment to the Constitution so as to create the Madison County Industrial Development and Building Au thority; and for other purposes. Referred to Committee on Rules. HB 252. By Mr. Bynum of Rabun: A bill to provide that all contracts entered into by the State Highway Department for road work shall include a provision calling for the sowing of appropriate vegetation on all banks; and for other purposes. Referred to Committee on Highways. 416 JOURNAL OF THE SENATE, HB 285. By Mr. Dean of Polk: A bill to amend an act establishing a State Retirement System, so as to change the provisions relating to former employees; and for other purposes. Referred to Committee on Rules. HB 292. By Messrs. Simpkins of Richmond, Jones of Muscogee, Poss of Madison, Snow of Walker, Richardson of Chatham, Luke of Richmond and Vaughn of Rockdale: A bill to amend an act entitled "An act to provide that any person who shall have reached his or her 18th birthday and who is married may execute notes, deeds, deeds to secure debts, for the purpose of securing loans on real estate; and for other purposes. Referred to Committee on Judiciary. HB 322. By Irvin of Habersham: A bill to amend an act creating the North Georgia Mountains Commis sion, by providing that the attorney general, the director of the depart ment of Industry and Trade, and the president of the Georgia Moun tains Association shall not hereafter be ex-officio members; and for other purposes. Referred to Committee on Industry and Labor. HB 437. By Messrs. Milhollin and Williams of Coffee: A bill to amend an act creating the offices of Commissioner of Roads and Revenues in Coffee County, so as to provide for a change in the compensation for the chairman; and for other purposes. Referred to Committee on County and Municipal Governments. HB 438. By Messrs. Milhollin and Williams of Coffee: A bill to amend an act establishing the City Court of Douglas, so as to change the compensation of the judge of the city court and the solicitor; and for other purposes. Referred to Committee on County and Municipal Governments. HB 439. By Messrs. Milhollin and Williams of Coffee: A bill to abolish the present mode of compensating the clerk of the Superior Court, the sheriff, the ordinary, and the tax commissioner of Coffee County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. WEDNESDAY, FEBRUARY 24, 1965 417 The following bills and resolutions were read the second time: SB 122. By Senator Gayner of the 5th: A bill to abolish the State Literature Commission; and for other pur poses. SB 123. By Senator Pincher of the 51st: A bill to make it unlawful to possess more than two fluid ounces of the drug known as Tincture of Camphorated Opium, and commonly known as Paregoric; to provide for penalties; and for other purposes. SB 124. By Senator Hall of the 52nd: A bill to amend an act entitled an act to create a new charter and municipal government for the City of Rome, to provide for an increase in the contributions to the Retirement Fund of the City of Rome by the City and certain employees; and for other purposes. SB 125. By Senator Johnson of the 42nd: A bill to amend Code Section 56-1523, relating to the payment of divi dends to stockholders, so as to provide for the manner in which divi dends shall be paid to stockholders of domestic stock insurers; and for other purposes. HB 278. By Messrs. Williams of Hall, Matthews of Colquitt, Anderson of Pulaski and others: A bill to amend an act entitled "Uniform Act Regulating Traffic on Highways", so as to increase the time within which a vehicle may be allowed to meet the requirements prescribed for a certificate of in spection; and for other purposes. HB 279. By Messrs. Wilson of Brantley, Jones of Muscogee, Merritt and Blair of Sumter and others: A bill to amend Code Title 53, known as "Husband and Wife", so as to provide for a certificate signed by a licensed physician of the State of Georgia, stating that an underage female is pregnant; and for other purposes. HB 390. By Messrs. Matthews and Newton of Colquitt: A bill to amend the act creating a Small Claims Court in Colquitt County and all other counties with population of not less than 33,000 418 JOURNAL OF THE SENATE, nor more than 34,056, so as to further provide for and clarify rules of practice and procedure in such Small Claims Courts; and for other purposes. HB 391. By Messrs. Duncan, Jordan and McDaniell of Cobb: A bill to amend an act creating the Cobb County-Marietta Water Au thority, so as to provide that the chairman of the Board of Commis sioners of Roads and Revenues of Cobb County shall be a member and chairman of such Authority; and for other purposes. HB 392. By Messrs. Duncan, Jordan and McDaniell of Cobb: A bill to amend an act creating a new charter for the City of Kennesaw, so as to change the number of council meetings and to provide compensation to the mayor and city council for attendance at such additional meetings; and for other purposes. HB 397. By Messrs. Farrar, Harris and Bowen of DeKalb: A bill to amend an act approved February 14, 1951, creating and establishing the Civil and Criminal Court of DeKalb County, so as to provide for the salaries of the judges; to provide for the salaries of the solicitor; to provide for the jurisdiction of said court; and for other purposes. HB 398. By Mr. Leonard of Murray: A bill to amend an act creating a new charter for the City of Chatsworth, so as to change the corporate limits thereof; and for other purposes. HB 399. By Messrs. Bagby of Paulding, Floyd of Chattooga, Lane of Bulloch: A bill to amend an act creating the Department of Public Safety, so as to remove the limitation on the number of officers and men in the battalion; to change the compensation of certain members of the Uni form Division of the Department of Public Safety, radio operators, license examiners and members of the Georgia Bureau of Investigation; and for other purposes. HB 401. By Messrs. Luke, Hull and Simkins of Richmond: A bill to amend the charter of the City of Augusta, so as to provide for the office of assistant recorder and to define the duties thereof; and for other purposes. WEDNESDAY, FEBRUARY 24, 1965 419 HB 402. By Messrs. Luke, Simkins and Hull of Richmond: A bill to amend the charter of the City of Augusta, so as to provide that the rules of the Civil Service Commission shall specify that the minimum height requirement for applicants for the police department of the city council shall be 5' 7% ; and for other purposes. HB 403. By Messrs. Luke, Simkins and Hull of Richmond: A bill to amend the charter of the City of Augusta, so as to provide that a contest of the election of the mayor or a member of council shall be heard and determined by the Superior Court of Richmond County; and for other purposes. HB 405. By Mr. Smith of Camden: A bill to amend the charter of the City of St. Marys, Georgia, by grant ing the mayor and council of said city the power and authority to adopt an ordinance authorizing the use of voting machines for re cording and computing the vote at all city general and special elections held in the city; and for other purposes. HB 406. By Mr. Strickland of Evans: A bill to abolish the present mode of compensating the sheriff of Evans County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes. HB 408. By Mr. Bynum of Rabun: A bill to place the sheriff of Rabun County upon an annual salary; and for other purposes. HB 409. By Mr. Matthews of Colquitt: A bill to amend an act creating a Board of Commissionerse of Colquitt County, so as to change the amount of the bond of the chairman of the Board of Commissioners; and for other purposes. Mr. Downing of the 1st 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 420 JOURNAL OF THE SENATE, Chairman, to report the same back to the Senate with the following recom mendations : SB 99. Do Pass. SB 114. Do Pass. SB 116. Do Pass. SB 124. Do Pass. HB 338. Do Pass. HB 368. Do Pass. HB 369. Do Pass. HB 370. Do Pass. HB 371. HB 372. HB 143. HB 164. HB 177. HB 189. HB 244. HB 270. HB 298. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass as Amended. Do Pass. Do Pass. Respectfully submitted, Downing of 1st District, Chairman. Mr. Searcey of the 2nd District, Secretary of the Committee on Banking & Finance, submitted the following report: Mr. President: Your Committee on Banking & Finance 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 100. Do Pass. SB 113. Do Pass. HB 150. Do Pass. HB 152. Do Pass. Respectfully submitted, Searcey of 2nd District, Secretary. WEDNESDAY, FEBRUARY 24, 1965 421 Mr. Yancey of the 33rd District, Secretary 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 Secretary, to report the same back to the Senate with the following recommendations: SB 72. Do Pass. SB 87. Do Pass. SB 107. Do Pass. SB 115. Do Pass. Respectfully submitted, Yancey of 33rd District, Secretary. Mr. Carter of the 14th District, Secretary of the Committee on Educational Matters, submitted the following report: Mr. President: Your Committee on Educational Matters has had under consideration the following bill of the House and has instructed me as Secretary, to report the same back to the Senate with the following recommendation: HB 262. Do Pass. Respectfully submitted, Carter of 14th District, Secretary. Mr. Searcey of the 2nd District, Secretary 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 Secretary, to report the same back to the Senate with the following recommendations: SB 55. Do Pass as Amended. HB 63. Do Pass as Amended. HB 151. Do Pass as Amended. HB 153. Do Pass as Amended. Respectfully submitted, Searcey of 2nd District, Secretary. 422 JOURNAL OF THE SENATE, Senator Hall of the 62nd asked unanimous consent that the following reso lution of the House be withdrawn from the Committee on Appropriations, and recommitted to the Committee on Penal and Correctional Affairs: HE 124. By Mr. Rush of Tattnall: A resolution to compensate Honorable Henry C. Kennedy, clerk of the Superior Court of Tattnall County and City Court of Reidsville, for certain services rendered; and for other purposes. The consent was granted. Senator Gordy of the 15th, 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 bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House of Representatives: SB 98. Respectfully submitted, Gordy of the 15th District, Chairman. The following general bill, favorably reported by the committee, was read the third time, and put upon its passage: HB 25. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A bill to make and provide appropriations for the fiscal year beginning July 1, 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967; and for other purposes. Senator Webb of the llth moved that the Senate resolve itself into a Com mittee of the Whole Senate. The motion prevailed, and the Senate was resolved into a Committee of the Whole Senate. WEDNESDAY, FEBRUARY 24, 1965 423 The Committee of the Whole Senate was dissolved, and Senator Gillis of the 20th, chairman of the Committee on Appropriations, made the following report: Mr. President, the Committee of the Whole Senate has had under considera tion HB 25, and has instructed me, as its chairman, to report the same back to the Senate, with the recommendation that the same do pass by substitute. The Committee of the Whole Senate offered the following substitute: HB 25. A BILL To be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967; to make and provide such appropriations for the operation of the State Govern ment, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the University System, common schools, coun ties, municipalities, political subdivisions, and for all other govern mental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to pro vide for the control and administration of funds; to provide for certain affidavits; 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 that the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967, as prescribed herein after for each of such fiscal years, from the General Funds of the State, including unappropriated surplus as of June 30, 1965. LEGISLATIVE BRANCH Section 1. Legislative Branch. For compensation as fixed by previous laws for mileage at the rate of 10<( per mile for four (4) round trips for each regular ses sion and number of round trips for any and all extra ordinary sessions of the General Assembly as set by each such extraordinary session; Secretary and Assistant Sec retary of the Senate and Clerk and Assistant Clerk of the House of Representatives shall receive the same mile age allowances as Members of the Senate and the House of Representatives, of the President and Members of the Senate and of the Speaker and Members of the House of Representatives; for the compensation of the Secre tary of the Senate, of the Clerk of the House of Repre sentatives, as fixed by law, of the messengers and door keepers and other attaches of the Senate and House of Representatives, for the actual travel expenses of mem bers of legislative committees; for cost of operating the 424 JOURNAL OF THE SENATE, office of Lieutenant Governor and Speaker of the House of Representatives authorized by law; for expenses of committees of one or both branches; for membership in the Council of State Governments, National Conference of Commissioners on Uniform State Law, National Con ference of Legislative Leaders and Marine Fisheries Compact; for supplies, repairs, printing and other inci dental expense sand equipment for the General Assem bly, and the necessary cost of renovating and repairing the housing facilities for the Legislative Branch; for cost of compiling, publishing and distributing the Acts and Journals of the General Assembly; the codes of Geor gia and the annual report of the State Auditor to the General Assembly; for election blanks and any other election expense, including publishing constitutional amendments; for all costs of Georgia Official and Statis tical Register as provided by resolution; and for cost of Legislative Services Committee and the Office of Legis lative Counsel as authorized by law. Provided further, that the members of the General Assembly shall be paid the ten dollars per diem and the five dollar allowance heretofore authorized by law and as further authorized by law, act or resolution as cited herein shall be paid an additional maintenance expense allowance of thirty-five dollars for each day in attend ance at a session of the General Assembly and said main tenance expense allowance, which is authorized by gen eral provisions of the State Constitution, shall be in lieu of any payment of accounts for telephone, telegraph, postage and other incidental items of a like nature which have not been furnished and paid for by the State and which may be personally incurred by the individual Mem ber in the performance of official duties during a ses sion of the General Assembly, except as otherwise pro vided for officials by law or resolution of one or both branches, and this allowance to the Members of the Gen eral Assembly is hereby construed to be authorized by the State Constitution as per diem and maintenance allow ance to cover the cost of ordinary expenses of the State Government as provided for by Article III, Section VII, Paragraph IX of the Constitution of Georgia. Provided further, the per diem allowance provided for in the fore going shall also be payable to any official of the State or attache for each day during his term of service who is authorized by Act or Resolution of one or both branches of the General Assembly to receive an allowance based on the total per diem maintenance allowance provided for Members of the General Assembly while in session. Provided, however, that a member of the General As sembly serving as a member of a regular or special com mittee shall be limited to and shall be paid for each day of service on said committee when the General Assembly is not in session, twenty dollars per diem, expense and mileage while performing such committee duties. 'S96T 'T A\iBtiuBf uo SuiAiaoaa ejaAV .tfaqq. }unouiB aqq. SAoqB PUB JBAO jejauao-sao^pipg oq. BOUBMOHB asuad -xa ^uaSupuoD A"UB Suited jo asodjnd aq} aoj papuadxa 9q liens ^unouiB aAoqB aq} jo auou 00'888'869'T 00'888'862'T 99-996! IBOSIJ aqq. Suwnp paqsi[qB^sa uoi^jsod sn^uauig (BuopippB qoBa joj uinuuB aad QO'i99'OT$ jo ^utiowiB aq^ Xq paseajoui aq n^qs uoiq.BUdojddB pa^stj aq^. ^Bq^ 'jcaAaMoq 'papiA -ojc,j -A\B[ Xq paziioq^ne aq keiu SB sasuadxa jaq^o qons pue 'AVBI Xq pazuoq^ne SB aSBa^iui jo ^uauiXed aqi 'AVBI Xq pazuoq^nB saouBAVo^jB asuadxa ^usSui^uoo qons Sui -pnpui 'eiSjoaf) jo a^B^g aq^. jo s^jnoo jouadng aq^. Sui jo }soo aq^. JLO& 's^anoo aouadns -f uoi^oag 00'986'i9S 00'89T'099 "~i9-996T 99-296T aq^. Suianp paqst[qB^sa uoi^isod JDJ umuuB jad 00'000'3T$ J ^unouiB aq^ Xq -ui aq HB\[s uoi^BUdojddB pa^st[ aq^. ^Bqq. 'jaAaAvoq 'papiA -oj,j -qjnoo aq^. jo saSpnf sn^uauig aq^ aoj PUB aqq. jo saajo[diua PUB saSpnf jo suoi^nqu^uoo PUB saiiBjBS Suipnput siBaddy jo ^Jtiog a^B^g aq^ Sui -q.Bjado jo ^soo aq^ ioj[ 'SiBaddy jo ^JUOQ - g uoi^oag 00'000'98^ 00'000'98t "A9-996T 99-296T '6i^-8iF 'd '-ssag -oaQ-'AON 'gggi: ui papiAOjd SB jsaddB uo SSSBD JBUIUIUO ui -puajap ^uaSipui JQJ sasuadxa iBSaj PUB saaj jo ^uaiuXBd aq^. aoj pa^Boo^B aq usqs JB3^ IBDSIJ qaBa ui aqq. Suunp paqsi[qe^sa uo;;isod sn^iaauig jBuoi^ippB qosa joj ranuuB jad QO'000'3T$ J ^unouiB aq^ Xq pasBajDu; aq tjBqs uoi^BijdojddB pa^sij aq^. ^Bq^ 'aaAamoq 'papiA 'uopisod sn^jjauig; auo PUB suoi^nqu^uoo oQ aq^ jo saa^o^duia aq^. PUB saoi^snC jo Sutpnpui 'BiSjoaQ jo a^B^g aq^ jo ^JHOQ aiuajdng aq^. 3ui jo ^soo aq^. ao^ '^jnog auiajdng ~z uoi^oag HONvna ivioianr OO'OOO'OOS'2 OO'OOO'OOS'S 996i 'f "2,9-996T 99-996T 426 JOURNAL OF THE SENATE, Section 5. For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals. Provided, however, notwithstanding any other provisions of this Act, that any surplus in this appropriation may be transferred by the Budget Bureau to be used in the Book Fund of the State Library. 1965-66-------------------------------------$ 1966-67-------------------------------------$ 35,000.00 35,000.00 Section 6. Judicial Council. 1965-66....------------__-------------------------$ 1966-67--------------------------------------$ --0-- --0-- EXECUTIVE BRANCH Section 7. Agriculture, Department of. (A) For the operation of all activities of the De partment including the operation of Farmers' Markets. 1965-66-------------------------------------$ 5,960,000.00 1966-67---.---------------------------------.-$ 5,838,000.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1965-66 1966-67 Personal Services ----------$3,458,521.00 $3,671,741.00 Operating Expenses --------.$2,535,329.00 $2,200,109.00 (B) Capital Outlay -- Authority Lease Rental to State Farmers' Market Authority for Atlanta Farmers' Market. 1965-66---------. ----------------------. ._----$ 650,000.00 1966-67-----------------------------------.$ 650,000.00 Section 8. Art Commission, Georgia. 1965-66----------------------------------------$ 1966-67--------..----.-------....----.-- .----------..$ 27,500.00 27,500.00 Provided, that no personnel shall be employed at a salary greater than $10,000.00. WEDNESDAY, FEBRUARY 24, 1965 427 Section 9. Audits, Department of. 1965-66-......-_..__...__-......-..___...................___.._.....____..$ 1966-67-_...-__-...-_____._._............____-_..__-..___-.___.-....._.$ 550,000.00 650,000.00 Section 10. Banking, Department of. 1965-66_-_______....._.______._..-__.............._........._____.......__-.$ 1966-67_-______....-_-.___._.__......___-...._......__......_____.......__$ 381,000.00 397,000.00 Section 11. Budget Bureau. 1965-66.._.__........_-...........-_.._.......___-_______.........___.___.....$ 1966-67___.-....______._.-.-......._____-........_-_...___-.......__._.......$ 150,000.00 175,000.00 Section 12. Capitol Square Improvement Committee. (A) Operating Costs. 1965-66-_._-____-_-..._.__--____-._____-___-__-._.-__.__.___._._..___-__-$ 1966-67-__.__._-___-________.___-_.__._._.__._-______-_____________.___-$ 150,000.00 150,000.00 (B) For capital outlay--annual cost of acquiring the Judicial, Agricultural, Health and other State Office Buildings and facilities--authority rentals. 1965-66._...___._._-..........____...........___-_..___......_...__.....___$ 2,677,752.87 1966-67-_______--.....___-__-._-....___-...............-.._____-..$ 2,677,752.87 Section 13. Industry and Trade, Department of. (A) General operating costs, including Area De velopment Commission. 1965-66_______._____..___________..._________._________________________.$ 2,100,000.00 1966-67..______-.......__._.-__.-....-__._._._-..______--.....______-.$ 2,100,000.00 (B) Capital Outlay--Authority Lease Rentals--An nual lease payments to Georgia Ports Authority. 1965-66....._____-_....-__.__-......____--....-.-.-.__,,-.,,..._.-__$ 1,505,000.00 1966-67..._-___...,-_____.--___._.___-__-.....-___.-..-......____$ 1,505,000.00 Section 14. Commission on Aging. 1965-66___.-.........__._.......-____-......_...,..____..._....___....._._$ 1966-67__--__--........... ....-__._...._.____.____....._-__.___,,_..-.$ 30,000.00 30,000.00 00'009'SSO'I $------------------------------------9-9961 oo'ooo'see $----------------------------------99-g96i: SJ[.IBJ jo ^uauidojaAap pus uoi^B-iado tBjauaS jo^ (y) oo'oos'ise 00'009'W sJi-iBj jo ^uaurjjBdaQ - OO'SSO'f-g $ 00'86I'36I$ " """""" """""" sasuadxg 00\iS6'HS$ 00-iS8'8S8 i9-996T 99-296T : SMOHOJ SB peaa o^ paSuBqo aq nBMs ^aSpng aq^ ui s^oafqo o^ SUOJ^BDOHB aq^ q.Bm papiAOjj $- ----------- ------------ i9 . 996T j----- ----------- --------- - 99 . S96T UOISSIUIUIOQ SBQ puB jiQ Suipnp -u; A^oioaf) pus Sututj\[ 'sauij\[ jo ^uaui^jBdag - Q OO'OOO'006'I g-------------------------------- - i 9 -99 6T 00'000'828'T j--- -------- --------------------- 99.g96t 00'000'OS8 00'000'OSS uoissjuiuioo qst^ PUB auiBf) -Q $ ------ - ------------------ -- - i9 - 996I $------------------------------ 99 - S96I 'IpunoQ qajsasay; ^saao^ -g oo'ooo'^gs's $----------------.----.----------i9-996t 00'000'002'8 $ .------------ ......_.._..---...-__.- 99.g96t ^j^sajo j; jo ^uara^jBdaQ - y uoi^BA 00'000'OOT'T $ ------------ ------ ------ -2,9-9961 OO'TTT'890'I j-------------------------------99-996T patjanbiq; aq^ PUB 'uoissiuiuioo jBp^snpuj 'UOISIAIQ a^Bjj aDUBjnsuj '[punog A^ajBg 'UOJSIAIQ uotpadsui ajt^; 'jauoissiraiuoQ aoue -jnsuj '[B^auag ja^jOJ^duioQ aq^ jo aoijjo aq^ jo isoo aq^. '3XVN3S 3H1 &0 WEDNESDAY, FEBRUARY 24, 1965 429 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1965-66 1966-67 Operating Expenses --_ --$425,619.00 $411,244.00 (B) Capital Outlay--Authority Rentals for State Park Bonds. 1966-66.------------.-----------------__--$ 1966-67--.--.-------------------------------$ 266,000.00 266,000.00 (C) Capital Outlay--Authority Rentals for pay ments to Stone Mountain Memorial Commission. 1965-66..---------------------------------------$ 1966-67....------....-----..----.-----------------------$ 700,000.00 700,000.00 F. Soil and Water Conservation. For the cost of operating the State Soil Conserva tion Committee. 1965-66--------------------.------------------$ 1966-67.----.-----------------------__....--_.$ 400,000.00 400,000.00 Section 17. Corrections, State Board of. (A) For the administrative expenses of the State Board of Corrections, including the cost of operation of the State Prison System, except salaries for physicians. 1965-66------------------........._------.----.----------$ 4,750,000.00 1966-67...-.----.............-.-..-..------------------.----$ 4,892,000.00 Provided, that no funds appropriated in this Section or otherwise available, shall be used to pay a salary in excess of the Director's salary. (B) Capital Outlay--Authority Rentals-- For authority lease contracts to State Penal Re habilitation Authority. 1965-66----...--.------...------.----------------------$ 1966-67----------------------------------------$ 400,000.00 400,000.00 430 JOURNAL OF THE SENATE, Section 18. State Board of Education--Department of Education. (A) For matching vocational rehabilitation funds in cooperation with the Federal Government; for opera tion of vocational trade schools; for operation of public and rural library programs; for operation of School for the Deaf and Academy for the Blind; for grants for aid to the public common schools, under provisions of law; for free textbooks for children attending public common schools; for the salaries of county school superintend ents; for the operating costs of the Department; for educational grants, including the grants to teachers for scholarships, as provided by law; and for any other ex pense authorized by law, payable from the common school funds. 1966-67... ......_..._.._....._..______.._... .. _. $256,035,968.00 Provided that the allocation to objects in the Budget Report shall be changed to read as follows: 1965-66 1966-67 Personal Services __.________$ 8,808,933.00 $ 9,183,335.00 Operating Expenses: Regular--Other than Grants ._..__......$ 8,203,547.00 $ 8,547,164.00 Grants to School Systems-- Other than MFPE: Manpower Training .-$ 714,500.00 $ 714,500.00 Grants to Exceptional Children ____,,_. --0-- Salaries of Public Librarians .....__ ___$ 995,918.00 $ 1,044,799.00 Equalization Fund ...$ --0-- $ --0-- Contingency Fund _-...._$ 2,546,325.00 $ 2,794,003.00 Hardship Fund _______.___-____$ 2,651,249.00 $ 1,325,625.00 Grants to School Systems--MFPE Act No. 523 (S.B. 180) : Section 36--Alto Teachers ...._.__.......__._..$ 123,253.00 $ 131,685.00 Section 11--Teachers' Salaries ................__..._..$151,005,614.00 $164,309,325.00 WEDNESDAY, FEBRUARY 24, 1965 431 Section 12--Other Certificated Pro fessional Personnel Salaries ...._._________..__.$ 24,727,635.00 $ 27,570,950.00 Assistance to State Impacted Areas ___._...$ --0-- $ --0-- Mid-term Adjustment $ 2,509,547.00 $ 3,484,755.00 Superintendents' Salaries __...._.....____......$ 1,459,519.00 $ 1,542,477.00 Maintenance, Operation and Sick Leave .______.._...___$ 15,574,800.00 $ 15,828,100.00 School Library -- Non-Consumable Teaching Materials $ 1,169,900.00 $ 1,306,600.00 Provided that none of the funds appropriated above may be used to initiate or commence any new program or project that would require operating funds or capital outlay funds beyond the present biennium, unless such program or project has been specifically authorized by the General Assembly. Provided, however, that in those new program areas where federal funds are accepted by the State Board of Education under Code Section 32-413, the Budget Bureau shall reduce the appropriation for any item or part there of which can be financed with federal funds in lieu of State funds under the terms of the federal act, except for funds necessary to match such federal grants. Noth ing in this Section shall be interpreted in such a way as to reduce eligibility of the State for federal funds or to authorize reduction of the State appropriation for pro grams for which commitments have already been made to local systems. Funds appropriated for Section 12 of MFPE Act No. 523 shall be paid for salaries of certificated profes sional personnel serving as principals, instructional su pervisors, visiting teachers, librarians and guidance coun selors. If funds appropriated are inadequate to finance fully Section 12 of MFPE Act. No. 523, reductions shall be prorated equitably among those systems receiving in creased allotments of certificated professional personnel subsequent to the 1964-65 school year. 432 JOURNAL OF THE SENATE, Contingency and Hardship Funds shall be allocated uniformly among school systems based upon the increased financial cost to them caused (a) by the loss of equaliza tion funds and (b) the change to an equalized adjusted school property Tax digest in determining the system's financial ability to raise school funds. (B) Capital Outlay--Authority Lease Rentals. 1965-66._..___-...._...__.__........__.._.....-_..._.._........-_..._.._..._-$ 23,700,000.00 1966-67___..-__...._.-.___.._......-_._..._....-_-.......-........_-$ 23,700,000.00 For capital outlay purposes of the State Board of Education, including the payment of obligations hereto fore incurred by said Board pursuant to contracts en tered into prior to July 1, 1965. In said sum is included $5,331,560.00 now committed as annual rental on con tracts securing Series 1953 Bonds of the State School Building Authority now outstanding. In the event the State Board of Education determines it would be advis able for said Series 1953 Bonds to be refunded and addi tional bonds issued for that purpose and for the purpose of financing new construction, it may do so, and use said sum, in whole or in part, for that purpose; provided, only, that the total annual obligation assumed by the State Board of Education in connection with refunding bonds and bonds to finance additional construction shall not exceed $5,331,560.00. Section 19. State Board of Regents. (A) The general cost of operation of the Board; for aid to the University System; for annual payment of $8,000.00 to the University of Georgia for old bank stock items; for scholarships authorized by law $200,000.00; for the support of research and for the cost of use and/or acquiring additions to plant and equipment for the Uni versity System. 1965-66....._-___.......-_..-__---_____-.-_-_.-.--_-$ 54,851,500.00 7-__--.-____--..-_~_----_-----_-----$ 63,753,000.00 Provided, that the above appropriations shall be in addition to the funds realized by the respective units in each fiscal year from the Federal Government, donations, gifts, earnings from fees, rents, sales and any other source of income, and provided that from the above appropriations the amount of $9,315,000.00 in 1965-66, and the amount of $9,940,000.00 in 1966-67, is designated and committed to guarantee payment of lease rental con tracts as a first charge on such funds. Provided that the State Board of Regents shall, within the first 30 days WEDNESDAY, FEBRUARY 24, 1965 433 of each fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in each fiscal year to pay the annual lease contract commitments for the acquisition of property as provided for in the provision of the State Constitution, and shall, second, apportion the remaining funds available to the various units to cover cost incident to the operation and development of the University System. The State Board of Regents shall immediately report the same to the State Budget Au thorities for approval, whose approval shall be evidenced in writing. No part of this appropriation, nor any funds real ized by the State Board of Regents of the University Sys tem, or any school or college from the Federal Govern ment, or from donations, gifts, earnings, fees, rents, sales or other sources of income, shall be available for use or expenditure until made available by a written order of the State Budget Authorities. Provided that funds from donations, gifts, earnings, fees, and any other source of income shall be available to support further lease rental agreements for dormitories and other school buildings, with the approval of the Budget Bureau. Such further contracts may be entered into not to exceed $500,000.00 per annum. Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1966-67 Operating Expenses .__ _^--------------------$17,434,000.00 (B) Eugene Talmadge Memorial Hospital--State Board of Regents. 1965-66----.-.------.------------$ 4,330,000.00 1966-67.--------. ......-----.---------------------.$ 4,735,000.00 (C) Medical Education Board. For cost of operation of the State Medical Education Board, including the payment of medical scholarships as authorized by provisions of the Georgia State Constitu tion. 1965-66---------------------------------$ 1966-67--_----_-....._----......._--------...-----$ 150,000.00 150,000.00 434 JOURNAL OF THE SENATE, Section 20. Teachers Retirement System. For the State's contribution to the Teachers Retire ment Fund, including the cost of administration. 1965-66--------.-----------------------------$ 20,292,167.00 1966-67------------------------------------$ 22,461,044.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1965-66 1966-67 State Matching Funds ----..$20,028,094.00 $22,211,433.00 Provided, that any surplus funds contained in the Teachers' Retirement Fund shall be used for the purpose of implementing the provisions of House Bill 1115 of the 1962 session, as changed by Senate Bill 164 of the 1963 session, relative to providing a minimum floor of five ($5.00) dollars for each year of service up to forty years for those members of the Teachers' Retirement System who retired on or before July 1, 1961. Section 21. Educational Improvement Council. 1965-66 ---....---------_--------------................$ 1966-67.------..----------._------.----------.$ 50,000.00 50,000.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1965-66 1966-67 Personal Services .------------------..$35,775.00 $37,323.00 Operating Expenses _...__------.............$14,225.00 $12,677.00 Section 22. Higher Education Assistance Corpora tion. 1965-66--------.------------------------------$ 167,750.00 1966-67--------------------------------------$ 325,050.00 Section 23. State Scholarship Commission. 1965-66---------------------------------------$ 1966-67----------------------------__--------....$ 247,500.00 497,370.00 WEDNESDAY, FEBRUARY 24, 1965 Section 24. Executive Department. (A) For the cost of operating the Executive De partment, including the cost and maintenance expense for the Executive automobile, and telephones at the Man sion; and for the contingent expenses of the Department, such as rewards, dues to the Governor's Conferences, and special committee expenses. 1965-66--------------------------------------$ 1966-67----....------------..... .------._..__----__----$ 435 275,000.00 275,000.00 (B) For the allowance payable monthly for the cost of operating the Executive Mansion, including servant's hire, food, other supplies, and laundry. 1965-66- 1966-67- 25,000.00 35,000.00 Section 25. Highway Department. Appropriation of all funds in this Section is to be in conformity with and pursuant to Article VII, Section IX, Paragraph IV, of the State Constitution, and shall be in an amount equal to all money derived from motor fuel taxes received by the State Treasurer in each of the im mediately preceding years, less the amount of refunds, rebate and collection costs authorized by law. The fiscal officers of the State are hereby directed to, as of July 1 of each fiscal year, determine the net collection of motor fuel tax received by the State Treasurer in the immediate preceding fiscal year and enter the full amount so deter mined on the records of the State as being the appropria tion payable in lieu of the amount appropriated herein. (A) General Operations--for general administra tive cost of operating the Highway Department, including equipment and compensation claims. 1965-661966-67- 5,800,000.00 7,200,000.00 (B) Authority Rentals. For lease rental obligations of the Highway Department to the Georgia State High way Authority (continuation of the State Bridge Build ing Authority), the State Office Building Authority, and the Georgia Rural Roads Authority, in accordance with lease rental contracts. Notwithstanding any itemization of purposes for which funds are appropriated to the Highway Department by this Section, the sums neces sary to pay these rentals accrued under these contracts, 436 JOURNAL OF THE SENATE, executed or to be executed, as authorized by law, are hereby appropriated as the first charge on all funds appropriated to the Highway Department. 1965-66---.------------------------------.------$ 18,300,000.00 1966-67--.--------------------------------$ 18,300,000.00 (C) Maintenance and Betterments--Planning and Construction. For State matching participation in costs of construction, reconstruction, improvement in high ways, and highway planning, in cooperation with the Fed eral Government, including all cost items incident thereto. Funds appropriated for each fiscal year shall be available for matching Federal apportionment for the same year. For the cost of road and bridge construction and surveys, maintenance, and improving the State Highway System of roads and bridges, and the costs incident thereto (pro vided all expenditures for county contracts shall be in ac cordance with and on the basis of average prices as au thorized by law.) Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the State Highway Department may add, delete, and substitute Federal aid projects to secure the full benefit of the Fed eral aid program. Provided further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal statute of Federal-State 90-10 projects, the Budget Bureau is hereby authorized and directed to give advanced budg etary authorization for the letting and execution of high way contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Treasury and consti tutionally appropriated to the State Highway Depart ment. Maintenance and Betterments-- 1965-66------..---------------_....___----------$ 21,416,800.00 1966-67-.--------------__----------------$ 21,759,544.00 Planning and Construction-- 1965-66--..-....--------------------------------$ 47,483,200.00 1966-67-------------------------------------------$ 48,240,456.00 Provided, that the above appropriation shall be in addition to funds realized by the Highway Department from Administrative Charges as provided in the Budget Report. WEDNESDAY, FEBRUARY 24, 1965 437 (D) Grants to Counties--For grants to counties for aid in county road construction and maintenance. 1965-66.---------.--------------------_------$ 4,817,013.03 1966-67-----.------------------------.-----I 4,817,013.03 (E) For grants to counties for aid in county road construction and maintenance. 1965-66---.----_---------.------___.-------$ 4,500,000.00 1966-67-----------------------------.--_-----$ 4,500,000.00 Provided that the appropriations in D above shall be distributed and disbursed by the State Treasurer as pro vided by law. The sum appropriated under E shall be dis tributed and disbursed to the various counties of the State by the State Treasurer in the same proportional basis to each county as the proportion of each county's total pub lic road mileage is to the total public road mileage in the State, as such mileage information is furnished by the State Highway Department. Provided further, that the governing authority of each county shall file with the State Auditor an audit, or other evidence satisfactory to the State Auditor, ade quately showing that the amounts received under (D) and (E) above were used only for county road construc tion and maintenance. (F) Grants to Municipalities--For grants to mu nicipalities in accordance with the law authorizing such grants. 1965-66---------------------------------.--------$ 6,000,000.00 1966-67-----_----------------_----_--------$ 9,317,000.00 Provided, that the governing authority of each mu nicipality shall file with the State Auditor an audit, or other evidence satisfactory to the State Auditor, ade quately showing that the amounts received under (F) were used in accordance with the law authorizing such grants. Section 26. Georgia Historical Commission. 1965-66--.----------.-----------...-------.--.$ 1966-67-------------------------------------$ 346,000.00 410,000.00 438 JOURNAL OF THE SENATE, Provided that the allocations to objects in the Budget Report shall be changed to read as follows: Operating Expenses 1965-66 1966-67 $121,844.00 $180,788.00 Provided, that of the above amount for 1965-66, the sum of $36,000.00 shall be expended for the Confederate Naval Museum in Columbus, Georgia. Section 27. Jekyll Island Committee. 1965-66. 1966-67- 650,000.00 650,000.00 With the approval of the Budget Bureau, the Jekyll Island Authority may utilize an amount not to exceed $220,000.00 per annum of the above appropriation to enter into authority rental commitments for reconstruc tion, protection of beaches, and other capital outlay re quirements. Section 28. Labor, Department of. (A) For the cost of operating the Commissioner's Officed and Factory Inspection Division. 1965-66...... 1966-67.-- 200,000.00 210,000.00 (B) For that part of cost of operations and Employ ment Security Agency as authorized by Act approved March 8, 1945. 1965-66.. 1966-67- 216,050.00 216,050.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: Training Allowances 1965-66 1966-67 .$1,310,500.00 $1,310,500.00 Section 29. Law, Department of. For the cost of op erating the Department of Law, provided that the com pensation of all Assistant Attorneys General, Deputy As sistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any other agency WEDNESDAY, FEBRUARY 24, 1965 439 of the State in the Executive Branch of the State Gov ernment, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and mainte nance of the respective agency for the purposes for which provision is made in this item, unless the payment is for reimbursement to the Department of Law by the State Highway Department for expenses incurred for legal services by any Assistant Attorney General or Deputy Assistant Attorney General assigned by the Attorney General of Georgia to perform specific items of legal work in connection with the acquisition of rights-of-way on the State road system. 1966-66_-___-..-...._______.-...-...._-____._....-___-___........__.__-$ 1966-67-____.......-.____.-........._._.___-.-......._____....._.....__-$ 525,000.00 540,000.00 Section 30. Library, State. 1965-66...____-_-_-_--.-______--~_______-~--__.__._____--...$ 1966-67__..______---_____-_---__-____----.____-~---$ Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1965-66 1966-67 Books for Library ._..._..._.........._...__..$11,000.00 $11,000.00 Operating Expenses ....___.__--_.....-.___._._.....__________.___.$11,049.00 71,000.00 74,000.00 Section 31. Literature Commission, State. 1965-66_..___-._......____.______......._.-__.____......-..._______.___.....$ 1966-67____.........-___-..-.......-.._--_........___.._-_-............$ 20,000.00 20,000.00 Section 32. Pardons and Paroles, State Board of. 1965-66 ...-__-_-_-.-__--_-__--,,.--___-_-_-____._____._-____-_-$ 1966-67..__.__.._..___._..___.___._..,,____._,, ..._.___..__.$ Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1965-66 1966-67 Personal Services _...__._...._.._.._......$515,000.00 $525,000.00 Section 33. Pharmacy Board. For cost of operating the office of Chief Drug Inspector. 1965-66,______.__......_.______...._...-_____...........-_-___-_..._.....__.$ 1966-67-_-__-_--_.._---_-. . .. ....__......__.......__.___.$ 720,000.00 735,000.00 93,000.00 93,000.00 440 JOURNAL OF THE SENATE, Section 34. Probation, State Board of. For the cost of operating the statewide Probation System, administered by the State Board of Probation. 1965-66......-.....____............___.._.........._...._._._....___.___.___.$ 1966-67_._.-..._...___.__.-_.............__.__.........__..__.._..............$ 788,000.00 870,000.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1965-66 1966-67 Personal Services ____.__..._.________...__._$560,000.00 $617,600.00 Operating Expenses ---._._..^._^$228,000.00 $252,400.00 Section 35. Public Defense, Department of. For the cost of operating the Military Division, aid to Military organizations and the cost of operating the Civil Defense Division, and the Office of Emergency Planning. 1965-66__._____-..----_____._.__-..---__-.__...--.--$ 1966-67___-________-__._____._.,,....._..-__-_____............._._.____$ 735,000.00 757,000.00 Section 36. Public Health, Department of. (A) For the cost of operating the Department of Public Health, grants to counties for public health pro grams, services for crippled children, and the mental health program, including the purchase of services of private hospitals. 1965-66___.-__.___..-..----_.___-.------___--.--_$ 9,225,000.00 1966-67_--____--_--.~------_-_-~---~__.__.....,,-...$ 9,625,000.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1965-66 1966-67 Operating Expenses ..........$30,954,608.00 $32,524,537.00 (B) Authority Rentals--For annual cost of acquir ing Eugene Talmadge Memorial Hospital. 1965-66-. 1966-67- 840,000.00 840,000.00 WEDNESDAY, FEBRUARY 24, 1965 441 (C) For cost of operating the Alcoholic Rehabilita tion Program. 1965-66--------.....----------------------------. _____._.__$ 1966-67---_-----------.--------------------------$ 425,000.00 425,000.00 (D) Department of Public Health--For the cost of operating the Battey State Hospital, including pre-admis sion and post-discharge services. 1965-66-----------..------------------------$ 3,400,000.00 1966-67- ----------------.................-----...-------- .$ 3,400,000.00 (E) Department of Public Health--Georgia Mental Health Institute. For the cost of operating the Mental Health Institute, including pre-admission and post-dis charge services. 1965-66-----------------------------------$ 2,250,000.00 1966-67----------------------------------------$ 2,500,000.00 (F) Department of Public Health--Gracewood State School and Hospital. For the cost of operating the Gracewood State School and Hospital, including pre-admission and post-discharge services. 1965-66---------------------------------------$ 5,000,000.00 1966-67.--------..-------.-------------------------$ 5,500,000.00 (G) Department of Public Health -- Milledgeville State Hospital. For the cost of operating the Milledge ville State Hospital, including pre-admission and postdischarge services. 1965-66.--...---------------------.$ 19,000,000.00 1966-67...-------------------------..-----------$ 20,500,000.00 Provided, however, that when patients are transfer red from Milledgeville State Hospital to nursing home care, the Budget Bureau is authorized to transfer that portion of the above appropriation to the Department of Family and Children Services which will defray the cost of the State's share of nursing home payments and ad ministrative grants to county departments entailed by said transfer. (H) For aid to local governmental subdivisions in establishing, constructing and equipping hospital facili ties to be administered and expended in the same man- 442 JOURNAL OP THE SENATE, ner as other public health funds and in accordance with the provisions of the Hill-Burton Act of the United States Congress, rules and regulations of the State Board of Health. 1965-66-----..---.-_-.-----_.------------------$ 2,000,000.00 1966-67---------------------------------.----$ 2,000,000.00 (I) Mental Retardation Institute. For the cost of developing, training and employing necessary personnel and for capital outlay, including the purchase of equip ment. 1965-66...----__----------___----__------___ ----------$ 85,000.00 1966-67-------------------------------------- --------$ 400,000.00 (J) Division for Water Quality Control. 1965-66-.---........-----__--.---------------------$ 1966-67.---- ..... ..--....-------------...........--.----_..$ 75,000.00 100,000.00 (K) Capital Outlay--Authority Lease Rentals-- Mental Health Construction. For the cost of paying lease rentals to State Hospital Authority, covering construc tion of mental health and mental retardation facilities. 1965-66.----------------------------------------$ 2,065,000.00 1966-67...------------------------------.--.--$ 2,065,000.00 Section 37. Public Safety, Department of. 1965-66----.......-.-..-.-------------------------$ 7,406,584.00 1966-67---------.-----.--------------------. --.$ 8,142,341.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1965-66 1966-67 Personal Services --------.....$4,917,566.00 $5,413,570.00 Operating Expenses .......--....$2,432,018.00 $2,696,771.00 Section 38. Public Service Commission. For the cost of operating the Utilities Division and the Motor Carrier Division of the Public Service Com mission. 1965-66....-..---..---.-..---- ----------------------.--$ 1966-67.---.------- ...------ ...----... ----... ---- $ 500,000.00 510,000.00 WEDNESDAY, FEBRUARY 24, 1965 443 Section 39. Public Welfare, Department of Family & Children Services--Operations--State. (A) For the cost of operations of the State Welfare Programs. 1965-66-_________________---...__________--_----__-_-_-$ 1,654,000.00 1966-67-_-____.___-_..................._.._.__........__..___........___..___$ 1,966,000.00 (B) Grants for administration and services--coun ties. For the cost of participating with the Federal Gov ernment and counties in the administration of local wel fare programs. 1965-66-_-___----~----_------ -___._..___.__-__-..._.$ 3,529,000.00 1966-67-_--___-__-_----__-___-_-----_----__---$ 3,960,000.00 (C) Benefits. For the costs of matching Federal funds for benefits to old age, blind, permanently dis abled, and dependent children, and for children and youth care, all as authorized by law. 1965-66___-._-.-------..------_--_---...--$ 21,342,000.00 1966-67------_---.------..---~-----$ 24,013,000.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1965-66 1966-67 Personal Services _...._.._..$ 2,167,900.00 $ 2,444,000.00 Operating Expenses . -$120,241,600.00 $132,952,900.00 Provided further, that in the event any funds appro priated in this Section to Subsection (A), (B) and (C), are not needed by the Department of Family and Chil dren Services by virtue of an increase in the applicable Federal matching funds provided by the Federal Gov ernment to any such program, then of such funds so freed, a sum up to $1,000,000.00 is hereby appropriated to the implementation of the Medical Assistance For The Aged Program in fiscal year 1965-66, and of such funds so appropriated $38,000.00 is hereby allocated to the pur poses specified in Subsection (A) of this Section, $180,000.00 is hereby allocated to the purposes specified in Subsection (B) of this Section, and the balance is hereby allocated to the purposes specified in Subsection (C) of this Section. 00'000'80i'9$ 00'000'SS9'9$ " ------ saopuag i9-996I 99-9961 :SMOJIOJ SB pBa-t o$ pa3uBqo aq ^aSpng aq} ui s^oafqo o} SUOI^BOOJIB aq} ^Bq^ papiAoaj 00- 000'096'8 $----------------------- --------i9-996t 00'000'091'S j---------------------- ------- -99-g96T 00'000'09 GO'000'09 anu -SAB^ jo ^uaiu^jBdaQ aq^ Sut^Bjado jo ^SOD ao^ (y) jo ^uaot^jBdaQ 'anusAay; -% 00'000'SSJ OO'OOO'f'gl " ------ 00'000'88$ 00'000'98$ i9-996T 99-996T saoiAiag :SA\OIIOJ SB pBaj o^ paSueqo aq HBqs ^aSpng aq^ ui s^oafqo o^ SUOI^BDOHB aq^ ^Bq^ papiAOjj; $ --------- --- ------------$ ------- -------.-. 00'000'SOS 00'000'96S uoissituiuoQ uot^Bajoay; -\ $ -------_---- --------------------------------- t """"""------- .-.--.._.-_. i9 - 996T jo jostAjadng 'sasBqojnj -Q 00'000'992'S$ ------------------------ sasuadxg OO'OOO'STf'Sl ---------------------------- saoiAaag i9-996T :SMOJPJ SB pBaj o^ paSuBqa aq HBlls ^aSpng aq^ ui s^Dafqo o; UOHBDO^B aq^ OO'OOO'FSS'S j--------- ---------------- 00'000'f69'8 j------------------------------99-S96T saoiAiag uajpnqo PUB XIIUIB^ jo ^uara^jBdaQ aq^ jo -siuiuipB aq} japun suot^n^sui aaq^o pUB spoqas aq^ jo uoi^BJtado jo ^soo aq^ jo^ -suoi^n^t^sui (Q) ani ivNanor WEDNESDAY, FEBRUARY 24, 1965 445 (B) Grants to counties--Tax re-evaluation. For grants to counties in accordance with rules and regulations set up by the Commissioner of Revenue for assisting counties in financing tax re-evaluation studies. 1965-66-_-_____-~.----....----------._-..--.-$ 1966-67_-___----,,--..-----.-------.-_---_.$ 100,000.00 100,000.00 (C) Loans to counties--Tax re-evaluation. There is hereby appropriated for each of the next two fiscal years covered by this Act the amount of such repayments of county tax evaluation loans as may be made by such counties during each of the next two fiscal years in such amount and for the same purpose as origi nally appropriated, but not to exceed $300,000.00 in each of the next two fiscal years. Such amount shall be avail able for further tax evaluation loans to counties. Section 43. Science and Technology Commission. 1965-66.. 1966-67. 40,600.00 40,600.00 Section 44. Secretary of State. (A) Combined Divisions. For the cost of operating the office of Secretary of State, and all other programs administered through such office. 1966-67....--- ---------------.--- ---$ 553,800.00 569,000.00 Provided, however, that $75,000.00 of such funds for each fiscal year shall be used for implementation of the Georgia Administrative Procedures Act. (B) Examining Boards. 1965-66-. 1966-67-- 554,000.00 564,000.00 (C) Archives and Records. For the cost of operation of Archives and History, microfilming and housing records, and the State Museum, 446 JOURNAL OF THE SENATE, including lease rental payments to the State Office Build ing Authority for the State Archives Building in amount of $815,000.00 per annum. 1965-66....------------------.....--------$ 1,181,000.00 1966-67----.------------...-_.---------............-$ 1,192,000.00 (D) Buildings and Grounds. For the cost of operating the State Capitol Building grounds, the maintenance of Confederate cemeteries, the repairs, furnishings, equipment, light, power, water, and upkeep of grounds at the Mansion, and for insurance on public property not otherwise provided for. 1965-66 ..... ........._................._._.._.__.._....._,,__..........._._...$ 1966-67........___.._.._._._...___.__.._....__.___._............... .............$ 435,000.00 450,000.00 (E) Special repairs--Capitol Building, Mansion, and Legislative Chambers, Rooms, Offices and Facilities. 1965-66-----.......--------.__.____._._....---------...$ 1966-67.----.__._------------.._._..._-------..--$ 100,000.00 100,000.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1965-66 1966-67 Personal Services .__,,_.__.....$1,142,389.00 $1,248,743.00 Operating Expenses ____________._.$ 781,411.00 $ 726,257.00 Section 45. Stone Mountain Memorial Committee. For operating costs including costs of improvements by convict labor. 1965-66-...-..-..--..-.-.-.-......-....-...-.--.-..........-.......$ 1966-67.............------_..________.._...._..__._.........$ 400,000.00 400,000.00 Section 46. Treasury, State. For operation of State Treasury including Bond Commissioner. 1965-66.............-------__.__._.-----_____._.__----$ 1966-67..--_---------.--.------.--------$ 122,500.00 122,500.00 WEDNESDAY, FEBRUARY 24, 1965 Section 47. Veterans Service. (A) For the cost of operating the Department of Veterans Service. 1965-66----..----------------------------------? 1966-67--.--------------..--..-----? 447 869,000.00 900,000.00 (B) For the cost of operating the Veterans Service Board, Veterans Home. 1965-66.. 1966-67- 346,750.00 346,750.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1965-66 1966-67 Payments to Veterans' Home --$661,472.00 $660,236.00 (C) For the cost of pensions to Confederate Widows. 1965-661966-67- 100,000.00 90,000.00 Section 48. Workmen's Compensation, State Board of. For the cost of operating the State Board of Work men's Compensation. 1965-66 1966-67- 512,676.00 526,737.00 Section 49. Governor's Emergency Fund. There is hereby appropriated as a General Emer gency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor in his discretion in any emergency that he may determine requires expenditure of any part of the said fund. Ex penditures from this fund shall be made in accordance with other provisions of State law and the Constitution. 1965-66-----------------------------------------I 2,000,000.00 1966-67---------------------------------$ 2,000,000.00 448 JOURNAL OP THE SENATE, Section 50. In addition to these appropriations there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of gasoline shall be entitled to a refund covering shrink age in the process of retailing gasoline as authorized by Act of Georgia General Assembly of 1947, (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing gasoline. Section 51. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby ap propriated payable to each department, agency, or insti tution of the State sums sufficient to satisfy the pay ments required to be made in each year, under lease con tracts now in existence or as provided for in this Appro priation Act between any department, agency or institu tion of the State, and any Authority created and acti vated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1965, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment con stitutes a first charge on all such appropriations. The General Assembly declares that the sums hereby appropriated are to pay the general obligations of the State incurred under valid lease contracts and such ap propriations are to be paid from the General Funds of the State as a first charge upon general funds. Section 52. All expenditures and appropriations made and authorized under this Act shall be according to Objects as specified in the Governor's recommendation contained in the Budget Reports submitted to the General Assembly at the regular January Session 1965, pages 1 through 123 inclusive, except as otherwise specified in this Act. Provided, however, the Director of the Budget is authorized to make internal transfers within a Budget Unit between Objects; provided also, within five days after any such transfer is made, that transfer, together with an explanation of the reason therefor, shall be re ported, in writing, to the Chairmen and Vice-Chairmen of the Appropriations Committees of the House and Sen ate, and to the Speaker of the House and Lieutenant Governor. This Section applies to all funds of each WEDNESDAY, FEBRUARY 24, 1965 449 Budget Unit from whatever source derived. In those cases in which the said Budget Report contains no recom mendation of expenditures as to Objects by the Governor, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to Object said funds as he deems proper. Provided that none of the funds appropriated above may be used to initiate or commence any new program or project that would require operating funds or capital out lay funds beyond the 1965 to 1967 biennium, unless such program or project shall have been specifically author ized by the General Assembly. Section 53. In the event it is determined by the Budget Bureau that the total funds in the State Treasury in a fiscal year in which appropriations are made in the foregoing Sections of this Act are to be less than the amount needed to pay in full the specific appropriations authorized, the Director of the Budget is authorized and is hereby directed to make a pro rata reduction of the amount of each appropriation hereinbefore made, except authority lease rental funds and other constitutionally obligated funds, as provided by Georgia Code Section 40-418 (Ga. Laws 1962, p. 17). The amounts of the appropriations so reduced as di rected herein and as determined by the Budget Bureau shall cease to be an obligation of the State. Provided further, the Budget Bureau is hereby directed to econo mize wherever possible and in the event any part of the appropriations provided in the foregoing Sections of this Act shall be in excess of the actual approved budget allot ments for each fiscal year, the amounts so in excess as determined by the Budget Bureau shall cease to be an obligation of the State. TOTAL APPROPRIATION 1965-66.__.........___._ __$587,679,744.90 TOTAL APPROPRIATION 1966-67____._.^_ ^^__$630,260,143.90 Section 54. All laws and parts of laws in conflict with this Act are hereby repealed. On the adoption of the substitute, the ayes were 38, nays 1, and the sub stitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. The bill, involving an appropriation, a roll call was ordered, and the vote was as follows: 450 JOURNAL OF THE SENATE, Those voting in the affirmative were Senators: Adams Ballew Bateman Broun Carter Dean Downing Edenfield Eldridge Pincher of 51st Fincher of 54th Foster Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McKenzie Noble Owens Padgett Pennington Plunkett Salome Searcey Smalley Smith Spinks Thompson Tribhle Ward Webb Wesberry Yancey Young Voting in the negative was Senator Sanders. By unanimous consent, verification of the roll call was dispensed with. On the passage of the bill, the ayes were 48, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Gillis of the 20th asked unanimous consent that HB 25 be immedi ately transmitted to the House. The consent was granted. Senator Webb of the llth moved that the Senate do now adjourn until tomorrow morning, and the motion prevailed. The president announced the Senate adjourned until 10:00 o'clock tomorrow morning. THURSDAY, FEBRUARY 25, 1965 451 Senate Chamber, Atlanta, Georgia, Thursday, February 25, 1965. 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 the chaplain, Reverend Wallace Kilpatrick, pastor, First Baptist Church, Austell, Georgia. Prayer was offered by the Reverend Hubert Flanagan, Jr., pastor, First Methodist Church, Winder, Georgia. The roll was called, and the following senators answered to their names: Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 51sfc Fincher of 54th Foster Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble Owens Padgett Pennington Plunkett Salome Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young 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 Webb of the llth 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 ar.d resolutions. 452 JOURNAL OF THE SENATE, 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions. The consent was granted. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills and resolutions of the House to-wit: HB 428. By Messrs. Duncan, McDaniell and Jordan of Cobb: A bill to amend Code section 92-6208, so as to provide that in certain counties any person failing to return personal property for taxation, the return made the previous year shall be used; and for other pur poses. HB 429. By Messrs. Duncan, McDaniell and Jordan of Cobb: A bill to amend Code section 92-6402, providing for the payment of taxes to the county, so as to provide that a penalty of ten per cent of the tax due shall accrue on taxes not paid before delinquent; and for other purposes. HB 430. By Messrs. Duncan, McDaniell and Jordan of Cobb: A bill to amend Code section 92-6913, so as to provide that in certain counties where the owner fails to return property for taxation there shall be assessed certain penalties; and for other purposes. HB 431. By Messrs. Duncan, McDaniell and Jordan of Cobb: A bill to amend Code section 92-6206, so as to provide that in certain counties if any person fails to return land for taxation the return made the previous year shall be used; and for other purposes. HR 24. By Messrs. Abney of Walker, Hale of Dade, Tucker of Catoosa and others: A resolution authorizing and directing the State Librarian to furnish certain law books for the Lookout Mountain Judicial Circuit; and for other purposes. THURSDAY, FEBRUARY 25, 1965 453 HR 52. By Messrs. Bolton and Melton of Spalding: A resolution authorizing and directing the State Librarian to furnish certain law books to the Superior Court of Spalding County; and for other purposes. HR 159. By Mr. Phillips of Columbia: A resolution authorizing and directing the State Librarian to furnish certain law books to the clerk of the superior court of Columbia County; and for other purposes. HR 160. By Mr. Newton of Jenkins: A resolution authorizing and directing the State Librarian to furnish certain law books to the ordinary of Jenkins County; and for other purposes. HB 425. By Mr. Woodward of Butts: A bill to create the office of commissioner of roads and revenues for Butts County; and for other purposes. HB 426. By Mr. Ployd of Chattooga: A bill to amend an act amending the charter of the City of Summerville, so as to close the unopened portion of a certain street; and for other purposes. HB 427. By Mr. Floyd of Chattooga: A bill to amend an act consolidating the laws chartering the City of Summerville and granting a new charter therefor; and for other pur poses. HB 435. By Messrs. Laite, Dunwody and Jones of Bibb: A bill to amend an act entitled "An Act to reenact the charter of the City of Macon", so as to change the corporate limits of said City; and for other purposes. HB 436. By Messrs. Newton and Matthews of Colquitt: A bill to amend the charter for the City of Moultrie, so as to provide that candidates for mayor and councilmen must receive a majority of the votes cast; and for other purposes. 454 JOURNAL OF THE SENATE, HB 443. By Mr. Harrell of Payette: A bill to amend an act consolidating the offices of tax receiver and tax collector of Fayette County into the office of tax commissioner; and for other purposes. HB 444. By Mr. Harrell of Fayette: A bill to abolish the present method of compensating the Ordinary of Fayette County, known as the fee system; and for other purposes. HB 445. By Mr. Harrell of Fayette: A bill to abolish the present method of compensating the Clerk of the Superior Court of Fayette County, known as the fee system; and for other purposes. HB 447. By Mr. Harrell of Fayette: A bill to amend an act creating a board of commissioners of roads and revenues for Fayette County, so as to make a typographical cor rection; and for other purposes. SB 83. By Senator Kilpatrick of the 44th: A bill to amend an act establishing the charter for the City of Forest Park, Georgia; and for other purposes. HB 410. By Mr. McCracken of Jefferson: A bill to abolish the present mode of compensating the sheriff of Jef ferson County; and for other purposes. HB 446. By Mr. Harrell of Fayette: A bill to abolish the present method of compensating the sheriff of Fayette County, known as the fee system; and for other purposes. HB 393. By Mr. Holder of Dodge and others: A bill to amend an act placing the Solicitor General of the Oconee Judicial Circuit on a salary basis; and for other purposes. HB 396. By Messrs. Harris, Farrar and Bowen of DeKalb: A bill to amend an act providing that the salary of the Judges of the Superior Court of the Stone Mountain Circuit shall be supplemented by payments to be made from the county treasury of DeKalb County, Georgia; and for other purposes. THURSDAY, FEBRUARY 25, 1965 455 HR 156. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, Brooks of Fulton, and Hale of Dade: A resolution creating the Election Laws Study Committee; and for other purposes. HB 360. By Messrs. Busbee of Dougherty and Balkcom of Quitman: A bill to amend Code section 32-903, relating to the qualifications of members of county boards of education; and for other purposes. HB 377. By Mr. Smith of Grady and others: A bill authorizing the Department of Industry and Trade to establish air markers throughout the State; and for other purposes. SB 35. By Senators Webb of the llth and Jackson of the 16th: A bill to amend an act known as the Georgia Health Code, so as to provide that the Georgia Department of Public Health is authorized to enter into agreements with the Federal Government, other States; and for other purposes. SB 65. By Senator Holley of the 22nd: A bill to amend Code Section 84-207, relating to certification of public accountants; and for other purposes. HB 124. By Mr. Busbee of Dougherty: A bill to amend an act creating the Peace Officers' Annuity and Pen sion Fund; and for other purposes. HB 256 By Mr. Harris of DeKalb and others: A bill to amend Chapter 84-14, relating to bhe regulation of real estate brokers and salesmen; and for other purposes. HB 343. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A bill to amend the Honesty in Government Act, so as to make certain transactions with certain officials illegal; and for other purposes. 456 JOURNAL OF THE SENATE, HB 383. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, Blalock of Coweta, Hale of Bade and Brooks of Fulton: A bill to amend an act creating the Legislative Services Committee and the office of Legislative Counsel, so as to clarify the duties of the Legislative Counsel; to provide for the election of the Legisla tive Counsel; and for other purposes. The following resolutions of the House were read and adopted: HE 147. By Mr. Etheridge of Fulton: A resolution creating the "Indigent Defendant Study Committee"; and for other purposes. HR 200. By Mr. Bolton of Spalding: A resolution urging the renunciation of the Warsaw Convention; and for other purposes. HB 44. By Messrs. Barber of Jackson, Harris of DeKalb, Jones of Muscogee and others: A bill to amend Code chapter 74-1 relating to the relationship of parent to child, so as to require certain persons to report any cases of cruel treatment of children which he notices in the examination of any such children; and for other purposes. HB 374. By Mr. Dorminey of Ben Hill: A bill to amend Code section 81-212, relating to the method of service for minors shall be the same for insane persons with certain excep tions; and for other purposes. The following bills and resolutions were introduced, read the first time, and referred to committees: SB 134. By Senator Kidd of the 25th: A bill to provide that each load of pulpwood, logs or lumber trans ported upon any public street, road or highway in this State shall be chained or cabled; and for other purposes. Referred to Committee on Rules. THURSDAY, FEBRUARY 25, 1965 457 SB 135. By Senator Kidd of the 25th: A bill to amend Code section 49-605, relating to the procedure for termi nating the guardianship of a ward who has been discharged from a psychiatric hospital, so as to change the procedure for termination of guardianship when the ward is restored to mental health to the extent he can manage his estate and who has been released from a psychiatric hospital or any other institution for the mentally ill; and for other purposes. Referred to Committee on Judiciary. SB 136. By Senator Kidd of the 25th: A bill to amend Code Chapter 88-5, relating to the voluntary and involuntary hospitalization of alleged mentally ill persons, so as to provide the method of legally declaring a person restored to mental health who has been released by the superintendent or chief officer of a psychiatric hospital as being restored to mental health; and for other purposes. Referred to Committee on Judiciary. SB 137. By Senators Smith of the 18th, Lee of the 47th, Plunkett of the 30th, and Moore of the 31st: A bill to amend an act known as the "Stone Mountain Memorial Asso ciation Act", so as to change the membership of the association; to repeal conflicting laws; and for other purposes. Referred to Committee on Rules. SB 138. By Senators Smith of the 18th, Lee of the 47th, Plunkett of the 30th, and Moore of the 31st: A bill to amend an act known as the "Stone Mountain Memorial Asso ciation Act", so as to limit the power of the authority to borrow money for certain purposes; to repeal conflicting laws; and for other pur poses. Referred to Committee on Rules. SB 139. By Senator Kendrick of the 32nd: A bill to amend Code Section 40-1812, relating to the duty of the De partment of Audits and Accounts; so as to provide that the local boards of education of the several county, independent and area public school systems of this State shall be authorized to have an audit made of hooks, records and accounts of the public school system over which any such board has jurisdiction; and for other purposes. Referred to Committee on Educational Matters. 458 JOURNAL OF THE SENATE, SB 140. By Senator Webb of the llth: A bill to amend Section 68-9929 of the Georgia Code of 1933; and for other purposes. Referred to Committee on Public Utilities and Transportation. SB 141. By Senator Thompson of the 34th: A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors"; and for other purposes. Referred to Committee on Temperance. Senator Thompson of the 34th moved that SB 141 be engrossed. On the motion to engross, the ayes were 37, nays 0, and the motion pre vailed. SB 142. By Senator Webb of the llth: A bill to amend an act establishing an employees retirement system known as the "Employees Retirement System of Georgia", so as to pro vide creditable service for certain members; to provide for contribu tions; to provide the procedure connected therewith; and for other purposes. Referred to Committee on Rules. SB 143. By Senator Webb of the llth: A bill to amend an act establishing an employees retirement system known as the "Employees Retirement System of Georgia", so as to provide creditable service for certain members; to provide for contribu tions; and for other purposes. Referred to Committee on Rules. SB 144. By Senator Thompson of the 34th: A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide that any governing authority of any municipality may determine or in the alternative, hold a referendum as to whether the sale, distribution and control of alcoholic beverages and liquors shall be held within the municipality; and for other purposes. Referred to Committee on Temperance. Senator Thompson of the 34th moved that SB 144 be engrossed. THURSDAY, FEBRUARY 25, 1965 459 On the motion to engross, the ayes were 30, nays 0, and the motion pre vailed. SR 65. By Senator Carter of the 14th, Gillis of the 20th, Plunkett of the 30th, Yancey of the 33rd, and Smalley of the 28th: A resolution requesting the Legislative Services Committee of the Gen eral Assembly of Georgia to employ a Budget Analyst; and for other purposes. Referred to Committee on Rules. SR 66. By Senator Holloway of the 12th: A resolution proposing an amendment to the Constitution so as to pro vide certain restrictions upon the amount of the anticipated surplus which shall be available to the General Assembly for the purposes of appropriation; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to Committee on Appropriations. HB 44. By Messrs. Barber of Jackson, Harris of DeKalb, Jones of Muscogee, McClelland of Fulton and others: A bill to amend Code chapter 74-1 relating to the relationship of parent to child, so as to require certain persons to report any case of cruel treatment of children which he notices in the examination of any such children; and for other purposes. Referred to Committee on Judiciary. HB 124. By Mr. Busbee of Dougherty: A bill to amend an act creating the Peace Officers' Annuity and Bene fit Fund, so as to prohibit certain members who take refunds from subsequently becoming members of the Fund; and for other purposes. Referred to Committee on Rules. HB 256. By Messrs. Harris and Farrar of DeKalb, Simkins of Richmond, Mar shall of Putnam and McDaniell of Cobb: A bill to amend Code chapter 84-14, relating to the regulations of real estate brokers and salesmen, so as to change and revise certain provisions including the definition of "Real Estate Broker", "Associate Broker" and "Real Estate Salesman", fees for licenses, the period cov ered by such licenses, reciprocal agreements, and advertising real estate; and for other purposes. Referred to Committee on Judiciary. 460 JOURNAL OF THE SENATE, HB 343. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Bougherty and Brooks of Fulton: A bill to amend the Honesty in Government Act, so as to make certain transactions with certain officials illegal; and for other purposes. Referred to Committee on Rules. HB 360. By Messrs. Busbee of Dougherty and Balkcom of Quitman: A bill to amend Code section 32-903, relating to the qualifications of the members of county boards of education, so as to provide that a county, by local law, may provide that two or more members of the board of education may be selected from the same militia district; and for other purposes. Referred to Committee on Educational Matters. HB 374. By Mr. Dorminy of Ben Hill: A bill to amend Code section 81-212, relating to the method of service for minors shall be the same for insane persons with certain exceptions; and for other purposes. Referred to Committee on Judiciary. HB 377. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty and Brooks of Fulton: A bill authorizing the Bepartment of Industry and Trade to establish air markers throughout the State; and for other purposes. Referred to Committee on Industry and Labor. HB 383. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Bougherty, Blalock of Coweta, Hale of Bade and Brooks of Fulton: A bill to amend an act creating the Legislative Service Committee and the Office of Legislative Counsel, so as to clarify the duties of the Legislative Counsel; and for other purposes. Referred to Committee on Rules. HB 393. By Messrs. Holder of Bodge, Smith of Telfair, Anderson of Pulaski, Moss of Montgomery and others: A bill to amend an act placing the solicitor general of the Oconee Judicial Circuit on a salary basis, so as to change the compensation of the solicitor-general; and for other purposes. Referred to Committee on Judiciary. THURSDAY, FEBRUARY 25, 1965 461 HB 396. By Messrs. Harris and Farrar of DeKalb: A bill to amend an act approved February 25, 1949, providing that the salary of the judges of the Superior Court of the Stone Mountain Circuit shall be supplemented by payments to be made from the county treasury of DeKalb County, Georgia; and for other purposes. Referred to Committee on Judiciary. HB 410. By Mr. McCracken of Jefferson: A bill to abolish the present mode of compensating the sheriff of Jef ferson County; and for other purposes. Referred to Committee on County and Municipal Governments. HB 425. By Mr. Woodward of Butts: A bill to create the office of Commissioner of Roads and Revenues for Butts County; and for other purposes. Referred to Committee on County and Municipal Governments. HB 426. By Mr. Floyd of Chattooga: A bill to amend an act amending the charter of the City of Summerville, so as to close the unopened portion of Second Street between Wood Street and Henderson Street located in the Maxey Subdivision within the corporate limits of the City of Summerville; and for other purposes. Referred to Committee on County and Municipal Governments. HB 427. By Mr. Floyd of Chattooga: A bill to amend an act consolidating the laws chartering the City of Summerville and granting a new charter therefor, so as to change the provisions relating to the giving of notice of proposed ordinances; and for other purposes. Referred to Committee on County and Municipal Governments. HB 428. By Messrs. Duncan, McDaniell and Jordan of Cobb: A bill to amend Code section 92-6208, so as to provide that in certain counties any person failing to return personal property for taxation, the return made the previous year shall be used; and for other pur poses. Referred to Committee on County and Municipal Governments. 462 JOURNAL OF THE SENATE, HB 429. By Messrs. Duncan, McDaniell and Jordan of Cobb: A bill to amend Code section 92-6402 of the Code of Georgia providing for the payment of taxes to the county, so as to provide that a penalty of 10% of the tax due shall accrue on taxes not paid before delinquent; and for other purposes. Referred to Committee on County and Municipal Governments. HB 430. By Messrs. Duncan, McDaniell and Jordan of Cobb: A bill to amend Code section 92-6913, so as to provide that in certain counties where the owner fails to return property for taxation there shall be assessed certain penalties; and for other purposes. Referred to Committee on County and Municipal Governments. HB 431. By Messrs. Duncan, McDaniell and Jordan of Cobb: A bill to amend Code section 92-6206, so as to provide that in certain counties if any person fails to return land for taxation the return made the previous year shall be used; and for other purposes. Referred to Committee on County and Municipal Governments. HB 435. By Messrs. Laite, Dunwody and Jones of Bibb: A bill to amend an act entitled "An act to reenact the charter of the City of Macon", so as to change the corporate limits of said city; and for other purposes. Referred to Committee on County and Municipal Governments. HB 436. By Messrs. Newton and Matthews of Colquitt: A bill to amend the charter for the City of Moultrie, so as to provide that candidates for mayor and councilmen must receive a majority of the votes cast; and for other purposes. Referred to Committee on County and Municipal Governments. HB 443. By Mr. Harrell of Payette: A bill to amend an act consolidating the offices of tax receiver and tax collector of Fayette County into the office of tax commissioner, so as to change the method of compensating the tax commissioner, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. THURSDAY, FEBRUARY 25, 1965 463 HB 444. By Mr. Harrell of Payette: A bill to abolish the present method of compensating the Ordinary of Fayette County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 445. By Mr. Harrell of Payette: A bill to abolish the present method of compensating the clerk of the Superior Court of Payette County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 446. By Mr. Harrell of Fayette: A bill to abolish the present method of compensating the sheriff of Fayette County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 447. By Mr. Harrell of Fayette: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Fayette County, so as to make a typographical cor rection; and for other purposes. Referred to Committee on County and Municipal Governments. HR 24. By Messrs. Abney of Walker, Hale of Bade, Tucker of Catoosa and others: A resolution authorizing and directing the State Librarian to furnish certain law books for the Lookout Mountain Judicial Circuit; and for other purposes. Referred to Committee on Judiciary. HR 52. By Messrs. Bolton and Melton of Spalding: A resolution authorizing and directing the State Librarian to furnish certain law books to the Superior Court of Spalding County; and for other purposes. Referred to Committee on Judiciary. HR 156. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, Brooks of Fulton and Hale of Bade: A resolution creating the Election Laws Study Committee; and for other purposes. Referred to Committee on Rules. 464 JOURNAL OF THE SENATE, HR 159. By Mr. Phillips of Columbia: A resolution authorizing and directing the State Librarian to furnish certain law books to the clerk of the Superior Court of Columbia County; and for other purposes. Referred to Committee on Judiciary. HR 160. By Mr. Newton of Jenkins: A resolution authorizing and directing the State Librarian to furnish certain law books to the ordinary of Jenkins County; and for other purposes. Referred to Committee on Judiciary. The following bills and resolutions were read the second time: SB 126. By Senator Holley of the 22nd: A bill to amend an act entitled "An Act to abolish justice courts and the office of justice of the peace and notary public ex-officio justice of the peace and the office of constable in the City of Augusta, Georgia"; so as to revise all the laws relating to Municipal Court of Augusta, Georgia; and for other purposes. SB 127. By Senator Kendrick of the 32nd: A bill to authorize boards of education of certain counties to enter into contracts for group life, health or accident insurance covering the employees of said boards of education, including the right to pay a portion of the premiums thereof; and for other purposes. SB 128. By Senator Smith of the 18th: A bill to provide for the listing of the firm names and addresses of proposed subcontractors, together with a description of the work pro posed to be done by each such subcontractor; to provide for rejection of bids which fail to comply with the requirements of this act; to repeal conflicting laws; and for other purposes. SB 129. By Senator Yancey of the 33rd: A bill to amend an act entitled "Uniform Act Regulating Traffic on Highways", so as to provide that a vehicle proceeding in a line of traffic shall yield the right-of-way to a vehicle legally using the street or highway immediately ahead; and for other purposes. THURSDAY, FEBRUARY 25, 1965 465 SB 130. By Senator Poster of the 21st: A bill to amend an act known as the "Minimum Foundation Program of Education Act", so as to provide a method whereby a certain per centage of the electors of any county, independent, or area school sys tem of this State may call an election for certain purposes; and for other purposes. SB 131. By Senators Bateman of the 27th and Pennington of the 45th: A bill to amend an act of the General Assembly known as the Milk and Cheese; Dairy Inspection Act, so as to provide that Section 11 of said Act shall not apply to any person, firm or corporation, who manufacturers, sells or offers for sale or have in possession anything under the name of "ice cream" if this product of manufacture is to be sold outside of the State of Georgia; and for other purposes. SB 132. By Senator Johnson of the 38th: A bill to amend an act known as the "Optometry Act", so as to provide further rules affecting the public health; so as to provide that the Georgia State Board of Examiners of Optometry shall have authority and power to enact and enforce further rules and regulations; and for other purposes. SB 133. By Senator Yancey of the 33rd: A bill to provide that no notary public ex-officio justice of the peace may hold court without the approval of the Justice of the Peace, except in the event of the disability of the Justice of the Peace; to provide the procedure connected with the foregoing; and for other purposes. SR 63. By Senator Webb of the llth: A resolution amending the Rules of the Senate; and for other purposes. SR 64. By Senators Plunkett of the 30th and Carter of the 14th: A resolution to create an "Interim Scholarship Study Committee"; and for other purposes. HB 274. By Mr. Steis of Harris: A bill to declare that the underground storage of natural or manufac tured gas intended for ultimate public use is in the public interest; to grant the right of eminent domain for the acquisition of property suit able for the construction of underground reservoirs for the storage of such gas; and for other purposes. 466 JOURNAL OP THE SENATE, HB 287. By Mr. Richardson of Chatham: A bill to require all meetings of the governing bodies of municipalities, counties, boards of public instructions, and other boards, bureaus, com missions or organizations except grand juries, supported in whole or in part by public funds or expending public funds, to be public meetings; and for other purposes. HB 296. By Mr. Jones of Liberty: A bill to amend Code section 56-1022 of the Georgia Insurance Code, relating to mortgage loans and investments by insurers, so as to permit an insurer's investment in part of a series or issue of loans without having a senior participation in the mortgage or deeds securing such loans, provided that no other participant in such series or issue holds a senior participation to the insurer; and for other purposes. HB 400. By Messrs. Mitchell and Smith of Whitfield: A bill to amend an act entitled "An act to amend the charter of the City of Dalton, so as to formulate a schedule of personnel organization for the police and fire departments of the City of Dalton; and for other purposes. HB 411. By Mr. McCracken of Jefferson: A bill to repeal an act entitled "An act to reduce the bond of the sheriff of Jefferson County, from the amount of $10,000 to $5,000"; to provide that the sheriff shall furnish and give a bond in the sum now or hereafter provided by the general laws of the State; and for other purposes. HB 412. By Mr. McCracken of Jefferson: A bill to amend an act entitled "An act to fix the compensation for the members of the Board of Roads and Revenues of Jefferson County", so as to provide the maximum compensation that may be fixed by said Board for the member of said Board who is the chairman thereof; and for other purposes. HB 415. By Mr. Singer of Stewart: A bill to supplement the fee compensation of the clerk of the superior court of Stewart County by a monthly salary; and for other purposes. HB 416. By Mr. Singer of Stewart: A bill to place the sheriff of Stewart County on a salary in lieu of a fee system of compensation; and for other purposes. THURSDAY, FEBRUARY 25, 1965 467 HB 419. By Messrs. Matthews and Bedgood of Clarke: A bill to amend the charter of the City of Athens, so as to provide a comprehensive and unified pension plan for certain officers, firemen, policemen, and employees of the mayor and council, and the various departments thereof; and for other purposes. HR 167. By Mr. Griffis of Cook: A resolution proposing an amendment to the Constitution so as to create the Cook County Industrial Development Authority; and for other purposes. HR 184. By Mr. Poss of Madison: A resolution proposing an amendment to the Constitution so as to create the Madison County Industrial Development and Building Authority; and for other purposes. HB 252. By Mr. Bynum of Rabun: A bill to provide that all contracts entered into by the State Highway Department for road work shall include a provision calling for the sowing of appropriate vegetation on all banks; and for other purposes. HB 285. By Mr. Dean of Polk: A bill to amend an act establishing a State Retirement System, so as to change the provisions relating to former employees; and for other purposes. HB 292. By Messrs. Simkins of Richmond, Jones of Muscogee, Poss of Madison, Snow of Walker, Richardson of Chatham, Luke of Richmond and Vaughn of Rockdale: A bill to amend an act entitled "An act to provide that any person who shall have reached his or her 18th birthday and who is married may execute notes, deeds, deeds to secure debts, for the purpose of securing loans on real estate; and for other purposes. HB 322. By Mr. Irvin of Habersham: A bill to amend an act creating the North Georgia Mountains Com mission, by providing that the attorney general, the director of the department of Industry and Trade, and the president of the Georgia Mountains Association shall not hereafter be ex-officio members; and for other purposes. 468 JOURNAL OP THE SENATE, HB 437. By Messrs. Milhollin and Williams of Coffee: A bill to amend an act creating the offices of Commissioner of Roads and Revenues in Coffee County, so as to provide for a change in the compensation for the chairman; and for other purposes. HB 438. By Messrs. Milhollin and Williams of Coffee: A bill to amend an act establishing the City Court of Douglas, so as to change the compensation of the judge of the city court and the solicitor; and for other purposes. HB 439. By Messrs. Milhollin and Williams of Coffee: A bill to abolish the present mode of compensating the clerk of the Superior Court, the sheriff, the ordinary, and the tax commissioner of Coffee County, known as the fee system; and for other purposes. 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 18. Do Pass. HR 19. Do Pass. HR 26. Do Pass. HR 40. Do Pass. HR 41. Do Pass. HR 42. Do Pass. HR 45. Do Pass. HR 49. Do Pass. HR 53. Do Pass. HR 70. Do Pass. HR 77. Do Pass. HR 79. Do Pass. HR 82. Do Pass. HR 83. Do Pass. HR 84. Do Pass. THURSDAY, FEBRUARY 25, 1965 469 HR 85. Do Pass. HR 89. Do Pass. HR 90. Do Pass. HR 94. Do Pass. Respectfully submitted, Gillis of 20th District, Chairman. Mr. Downing of the 1st District, Chairman of the Committee on County and Municipal Governments, submitted the following report: Mr. President: Your Committee on County and Municipal Governments has had under con sideration the following bills and resolution of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the fol lowing recommendations: SB 120. Do Pass. SB 121. Do Pass. HB 214. Do Pass. HB 300. Do Pass. HB 301. Do Pass. HB 302. Do Pass as Amended. HB 303. Do Pass by Substitute. HB 306. Do Pass. HB 307. Do Pass. HB 308. Do Pass. HB 309. Do Pass. HB 310. Do Pass. HB 326. Do Pass. HB 327. Do Pass. HB 328. Do Pass. HB 329. Do Pass. HB 330. Do Pass. HB 331. Do Pass. HB 332. Do Pass. HB 333. Do Pass. 470 JOURNAL OF THE SENATE, HB 334. HB 335. HB 348. HB 388. HB 389. HB 401. HB 402. HB 403. HB 405. HB 406. HB 437. HB 438. HB 439. HB 351. HB 352. HB 361. HR 48. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Respectfully submitted, Downing of 1st District, Chairman. Mr. McGill of the 24th District, Secretary of the Committee on Highways, submitted the following report: Mr. President: Your Committee on Highways has had under consideration the following bill of the House and has instructed me as Secretary, to report the same back to the Senate with the following recommendation: HB 278. Do Pass by Substitute. Respectfully submitted, McGill of 24th District, Secretary. Mr. Padgett of the 23rd District, Secretary of the Committee on Industry and Labor, submitted the following report: Mr. President: Your Committee on Industry and Labor, has had under consideration the following bill of the House and has instructed me as Secretary, to report the same back to the Senate with the following recommendation: HB 275. Do Pass. Respectfully submitted, Padgett of 23rd District, Secretary. THURSDAY, FEBRUARY 25, 1965 471 Mr. Yancey of the 33rd District, Secretary of the Committee on Judiciary, submitted the following report: Mr. President: Your Committee on Judiciary has had under consideration the following bills and resolution of the House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations: HB 42. Do Pass. HB 255. Do Pass. HR 108. Do Pass. Respectfully submitted, Yancey of 33rd District, Secretary. Mr. Gayner of the 5th District, Chairman of the Committee on Economy, Reorganization and Efficiency in Government, submitted the following report: Mr. President: Your Committee on Economy, Reorganization and Efficiency in Govern ment has had under consideration the following bill of the Senate and has in structed me as Chairman, to report the same back to the Senate with the follow ing recommendation: SB 33. Do pass. Respectfully submitted, Gayner of 5th District, Chairman. 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 to wit: HB 25. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A bill to make and provide appropriations for the fiscal year beginning July 1, 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967; and for other purposes. 472 JOURNAL OF THE SENATE, The following bill of the House was taken up for the purpose of consider ing House action thereto: HB 25. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty and Brooks of Fulton: A bill to make and provide appropriations for the fiscal year beginning July 1, 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967; and for other purposes. Senator Webb of the llth moved that the Senate insist on its position, and that a Committee of Conference be appointed. The motion prevailed, and the president appointed as a Committee of Con ference on the part of the Senate: Senators Gillis of the 20th, Webb of the llth and Plunkett of the 30th. Senator Plunkett of the 30th asked unanimous consent that the following bill of the House be withdrawn from the Committee on Industry and Labor and recommitted to the Committee on Judiciary: HB 80. By Mr. Brooks of Fulton: A bill to provide that the manufacturer of any personal property sold as a new property, either directly or through some other person, shall be deemed to impart certain implied warranties to any person handling or using said personal property and the ultimate consumer, unless the contrary is expressly provided; and for other purposes. The consent was granted. The following local, uncontested bills and resolutions, favorably reported by the committees, were read the third time, and put upon their passage: SB 60. By Senators Thompson of the 34th, Salome of the 36th, Coggin of the 35th and others: A bill to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amenda tory thereof; and for other purposes. THURSDAY, FEBRUARY 25, 1965 473 The Committee on County and Municipal Governments offered the follow ing amendment: Amend SB 60 1. By inserting therein the following language be tween the words "shall" and "when" on the second line from the bot tom of page 7 of said bill: "10 days after notification by mail to the last known address of the owner thereof and" 2. By inserting between the words "the" and "owners" in Sec tion 6 of said act on the 5th line on page 10 the words: "all of" 3. By inserting between the words "section" and "and" in the 5th line from the bottom of Section 6 on page 10 the following language: "provided said abutting owners live within the limits of the City of Atlanta" 4. By inserting the following language between the words "there on" and "and" on lines 2 and 3 of the bottom of page 10, section 6; "after ten days notification by mail as aforesaid shall have been mailed to the last known address of said property owners." On the adoption of the amendment, the ayes were 30, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. SB 99. By Senator Hall of the 52nd: A bill to amend an act known as the "Floyd County Employees' Pen sion Code", approved February 21, 1951 (Ga. Laws 1951, p. 2746), as amended, so as to change the number of years service required to qualify for benefits under the retirement plan; and for other purposes. 474 JOURNAL OF THE SENATE, The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 32, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 114. By Senator Edenfield of the 4th: A bill to amend an act placing the solicitor-general of the Ogeechee Judicial Circuit on an annual salary, approved February 14, 1935 (Ga. Laws 1935, p. 866), as amended, so as to increase the compensa tion of the solicitor-general of Ogeechee 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. SB 116. By Senator Holley of the 22nd: A bill to amend an act entitled "An act to provide for the appointment of two superior court reporters or court stenographers to the judges of the superior courts in certain counties, so as to clarify the duties and compensation of such official court reporters shall be in full payment for all services rendered at sessions of superior courts; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 32, nays 0. The bill, having received the requisite constitutional majority, was passed. THURSDAY, FEBRUARY 25, 1965 475 SB 120. By Senator Johnson of the 38th, Maclntyre of the 40th, Thompson of the 34th and others: A bill to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 32, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 121. By Senators Johnson of the 38th, Maclntyre of the 40th, Coggin of the 35th and others: A bill to amend an act approved August 20, 1927, providing that cities having a population of more than 150,000 as disclosed by the U. S. Census of 1920 or any subsequent census, shall furnish pensions to officers and employees of such cities; 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 124. By Senator Hall of the 52nd: A bill to amend an act to create a new charter and municipal govern ment for the City of Rome, and the several acts amendatory thereof, as amended, to provide for increase in the contribution to the Retire ment Fund of the City of Rome; and for other purposes. The report 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. 476 JOURNAL OF THE SENATE, HB 302. By Mr. Phillips of Columbia: A bill to fix, allow and provide for the compensation of the clerk of the Superior Court, the sheriff and the tax commissioners of Columbia County; to provide for the collection, disposition and accounting of all fees, emoluments and perquisites; and for other purposes. The Committee on County and Municipal Governments offered the following amendment: Amend HB 302 by striking from Section 5 the first word "The" thereof and and inserting in lieu thereof the words "Except as other wise provided in this Act, the". By striking from Section 9 the words "and payments in retirement systems". By adding in the last sentence of Section 17 after the word "pay ment" and before the words "of such expenses" the words "or reim bursement". 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 303. By Mr. Phillips of Columbia: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Columbia, so as to change the com pensation of the chairman and executive officer of said board; and for other purposes. The Committee on County and Municipal Governments offered the follow ing substitute: A BILL To be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for the County of Columbia, ap- THURSDAY, FEBRUARY 25, 1965 477 proved August 18, 1927 (Ga. Laws 1927, p. 549), as amended, so as to change the compensation of the chairman and executive officer of said board; to change the compensation of each of the other members of said board; to provide for an automobile for the use of the chairman and executive officer of said board; to provide for the purchase, re placement, operating expenses, repair, and maintenance of said auto mobile; to provide for the selection and employment of a clerk for said board; to provide for the compensation and duties of said clerk; to provide the procedure connected therewith; to ratify and confirm cer tain Acts and actions; to provide for severability; to provide an effec tive date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a Board of Commissioners of Roads and Revenues for the County of Columbia, approved August 18, 1927 (Ga. Laws 1927, p. 549), as amended, is hereby amended by striking Section 6-A in its entirety and inserting in lieu thereof a new Section 6-A to read as follows: "Section 6-A. Be it further enacted by the authority aforesaid, that the chairman and executive officer of said Board of Commis sioners shall be compensated in the amount of six thousand ($6,000.00) dollars per annum, payable monthly, and for each of the other members of said board the sum of one thousand two hundred ($1,200.00) dollars per annum, payable monthly, for at tendance at regular or called meetings of said Board of Commis sioners. The compensation herein provided shall be paid monthly from funds of Columbia County. The chairman shall also receive in addition to other compensation herein provided all expenses in curred by him in conducting the affairs of said Board of Commis sioners upon the approval of the majority of the members of said board. The Board of Commissioners of Roads and Revenue shall purchase one automobile for the use of the chairman and executive officer of said board in the performance of his duties. Said automo bile shall be the property of Columbia County, and said board shall be authorized to replace said vehicle at such time and in such manner as they may determine. Said board shall be authorized to dispose of the replaced vehicle in such manner as will be most advantageous to Columbia County. The board shall provide for the cost of repairs, tires, gasoline, oil, grease, antifreeze and other main tenance and supplies necessary for the operation of said automobile. The funds necessary for the purchase, replacement, operating ex penses, repair, and maintenance of said automobile, as herein pro vided, shall be payable from the funds of Columbia County." Section 2. Said Act is further amended by adding after Section 7 and before Section 8 a new section to be known as Section 7-A to read as follows: "Section 7-A. Be it further enacted by the authority aforesaid, that said Board of Commissioners of Roads and Revenues shall have full authority to select and employ a clerk for said board and 478 JOURNAL OF THE SENATE, said clerk shall be designated as the Clerk of the Board of Com missioners of Roads and Revenues for Columbia County. Said clerk shall be compensated in an amount of not less than three thousand ($3,000.00) dollars per annum, payable in equal monthly or semi monthly installments from the funds of Columbia County. The Board of Commissioners of Roads and Revenues is hereby author ized to delegate such powers of the board as it may lawfully do so and authorize the chairman to delegate such powers and he may lawfully do so to said clerk, and said clerk shall perform such duties as are authorized and specified by said board. The board in its discretion may require the clerk to give a bond for the faithful discharge of his duties as clerk in an amount as fixed by the board, the premium on said bond shall be paid from the funds of Colum bia County. Said board is hereby authorized in its discretion to dismiss or discharge said clerk with or without cause and with or without notice at any time and to select and employ a successor to said clerk." Section 3. All compensation and expenses paid to and by the Board of Commissioners of Roads and Revenues of Columbia County pursuant to the provisions of any Act relating to the Board of Commissioners of Roads and Revenues of Columbia County, particularly, but not limited to, an Act approved February 27, 1877 (Ga. Laws 1877, p. 253), an Act approved September 12, 1881 (Ga. Laws 1880-81, p. 531), an Act approved August 14, 1919 (Ga. Laws 1919, p. 620), an Act approved August 18, 1927 (Ga. Laws 1927, p. 549), an Act approved March 24, 1941 (Ga. Laws 1941, p. 827), an Act approved February 25, 1949 (Ga. Laws 1949, p. 1652), an Act approved February 16, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2319), and an Act approved February 15, 1957 (Ga. Laws 1957, p. 2149), are hereby ratified and confirmed, and it is hereby determined that the compensation and expenses so paid and received were lawfully paid and received and the Board of Com missioners of Roads and Revenues of Columbia County was authorized to pay and receive the same. Section 4. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main 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 5. This Act shall become effective on the first day of the month following its approval by the Governor or its otherwise becoming law. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. THURSDAY, FEBRUARY 25, 1965 479 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 28, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 244. By Messrs. Vaughan and Harris of Bartow: A bill to amend an act placing the compensation of the sheriff, the clerk of the superior court, and the ordinary of Bartow County on a salary basis, so as to change the number of deputies to be appointed by the sheriff; and for other purposes. The Committee on County and Municipal Governments offered the following amendment: Amend HB 244 by striking from Section 1, quoted Section 2, the following sentence: "The sheriff shall be paid twenty-four hundred ($2,400.00) dollars per annum for operating expenses at the county jail." 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 35. By Mr. Smith of Lamar: A bill to provide that the sheriff of Lamar County be placed on a salary basis, in lieu of a fee basis; and for other purposes. 480 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 109. By Mr. Hudgins of Chattahoochee: A bill to abolish the present method of compensating the sheriff of Chattahoochee 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 32, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 111. By Messrs. Williams and Overby of Hall: A bill to amend Code section 32-907, relating to the officers of county boards of education, so as to provide that in certain counties the chair man of the board shall be elected for such term as shall be determined by the board; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 117. By Messrs. Caldwell and Page of Upson: A bill to amend an act creating a new charter for the City of Thomaston, so as to change and extend the corporate limits of said city and to describe new territory to become a part of the City of Thomaston; and for other purposes. THURSDAY, FEBRUARY 25, 1965 481 The report 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 139. By Mrs. Merritt and Mr. Blair of Sumter: A bill to provide for the terms of the Superior Court of Sumter 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 143. By Messrs. Pope and Coker of Cherokee: A bill to authorize certain counties 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 for other purposes. The report 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 164. By Mr. Grahl of Peach: A bill to abolish the office of treasurer of Peach County; to provide for the transfer of the duties of said office to the governing authority of Peach County; and for other purposes. 482 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 177. By Mr. Grahl of Peach: A bill to amend an act incorporating the Town of Fort Valley as the City of Fort Valley, so as to provide for numbered city council posts for the utilities commission; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 187. By Messrs. Pope and Coker of Cherokee: A bill to amend an act changing from the fee to the salary system of certain county officers of Cherokee County, so as to change the com pensation of the ordinary; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 32, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 189. By Mr. Ross of Lincoln: A bill to amend Code section 92-4101, relating to the limitation of ad valorem taxation by municipal corporations, so as to provide that the City of Lincolnton shall not be affected by the provisions of Code Sec tions 92-4101 through 92-4104; and for other purposes. THURSDAY, FEBRUARY 25, 1965 483 The report 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 207. By Mr. Ross of Lincoln: A bill to abolish the present method of compensating the sheriff of Lincoln County, known as the fee system, and to provide in lieu thereof an annual salary for the sheriff; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 32, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 214. By Messrs. Sewell, Shea and Richardson of Chatham: A bill to amend the charter of Garden City, by fixing and prescribing and extending the corporate limits; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 220. By Mr. Melton of Spalding: A bill to amend the charter of the City of Griffin, by enlarging the present city boundaries and the corporate limits by the annexation of certain described property adjacent to the present city limits; and for other purposes. 484 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 221. By Mr. Melton of Spalding: A bill to amend the charter of the City of Griffin, so as to provide that elections under this charter shall be in charge of an election manager appointed by the city manager; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 32, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 222. By Mr. Arnsdorff of Effingham: A bill to abolish the present mode of compensating the sheriff of Effingham 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 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 240. By Messrs. Overby and Williams of Hall: A bill to amend an act entitled "An act to amend the charter of the City of Gainesville and the acts amendatory thereof;" so as to make certain changes in the retirement system for the employees of said city; and for other purposes. THURSDAY, FEBRUARY 25, 1965 485 The report 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 263. By Mr. Rowland of Johnson: A bill to abolish the present mode of compensating the sheriff of Johnson 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 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 266. By Messrs. Potts and Blalock of Coweta: A bill to amend an act creating a new charter for the City of Newnan in the County of Coweta, so as to authorize the City Clerk to issue an execution as other tax executions in the amount of the license fee due; and for other purposes. The report 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 267. By Mr. Leonard of Murray: A bill to amend an act creating a new charter for the City of Chatsworth, so as to authorize and empower the mayor and aldermen to sell or lease a certain block of land within said city; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 486 JOURNAL OF THE SENATE, On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 270. By Mr. McClelland of Fulton: A bill to amend the act creating a joint city county board of tax as sessors in all counties having within its borders all or the greater part of the population of 300,000 or more, according to the U. S. census of 1950, so as to increase the salaries of the members of the joint 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 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 280. By Mr. Dailey of Randolph: A bill to provide that the ordinary of Randolph County be placed on a salary basis in lieu of a fee basis; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 293. By Mrs. Merritt and Mr. Blair of Sumter: A bill to amend an act creating a new charter for the Town of Leslie, so as to change the hours during which the polls shall be open; to change the voting age; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. THURSDAY, FEBRUARY 25, 1965 tr 7 On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 298. By Mr. Mauldin of Franklin: A bill to amend an act authorizing the Superior Court judge or judges in any county in this State located in certain judicial circuits to estab lish and maintain a law library for the use of the judges, solicitors and other court officials, so as to provide that said act shall not apply to certain counties within such judicial circuits; and for other purposes. The report 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 300. By Mr. Johnson of Warren: A bill to amend an act entitled "An act to incorporate the Town of Warrenton, in Warren County, and to provide for the election of com missioners for the same", so as to change the dates for making tax re turns; and for other purposes. The report 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 301. By Mr. Wright of Wilkes: A bill to amend an act entitled "An act to establish a board of Com missioners of Roads and Revenues of Wilkes County", so as to provide that the chairman of the board shall, by virtue of his office, be the road superintendent and the county warden of Wilkes County; and for other purposes. 488 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 306. By Messrs. Harris and Smith of Glynn: A bill to amend an act creating the City Court of Brunswick, so as to change the compensation of one of the sheriff's deputies; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 32, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 307. By Messrs. Harris and Smith of Glynn: A bill to amend an act placing the sheriff of Glynn County on a salary basis in lieu of a fee basis, so as to change the compensation of a deputy of the sheriff; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 308. By Mr. Maddox of Gordon: A bill to amend an act to change the compensation of the sheriff of Gordon County, so as to change the compensation of the sheriff; and for other purposes. THURSDAY, FEBRUARY 25, 1965 489 The report 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 309. By Messrs. Harris and Smith of Glynn: A bill to amend an act creating the City Court of Brunswick, so as to change 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 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 310. By Mr. Maddox of Gordon: A bill to authorize certain counties 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 for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 326. By Mr. Milhollin of Coffee: A bill to amend Code chapter 24-34, relating to court costs in civil cases, so as to provide that no clerk of any court in certain counties shall file any civil action unless an advance court cost shall be deposited with the action; and for other purposes. 490 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 327. By Messrs. Blalock and Potts of Coweta: A bill to amend an act establishing a City Court of Newnan so as to change the compensation allowed the solicitor of said court for a secre tary; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 328. By Messrs. Nessmith and Lane of Bulloch: A bill to amend an act changing the compensation of the sheriff of Bulloch County from a fee system to a salary system, so as to change the provisions relating to the deputy sheriffs; and for other purposes. The report 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 329. By Messrs. Nessmith and Lane of Bulloch: A bill to amend an act placing the clerk of the Superior Court of Bulloch County on a salary system in lieu of a fee system, so as to provide for an administrative assistant for said clerk, or two other assistants in lieu of said administrative assistant; and for other purposes. THURSDAY, FEBRUARY 25, 1965 491 The report 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 330. By Messrs. Nessmith and Lane of Bulloch: A bill to amend an act consolidating the offices of tax receiver and tax collector of Bulloch County into the one office of tax commissioner, so as to provide for two assistants for the tax commissioner and to fix their compensation; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 32, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 331. By Mr. Anderson of Pulaski: A bill to place the sheriff of Pulaski County upon an annual salary in lieu of the fee system of compensation; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 332. By Mr. Anderson of Pulaski: A bill to place the clerk of the Superior Court of Pulaksi County upon an annual salary in lieu of the fee system of compensation; and for other purposes. 492 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 333. By Mr. Anderson of Pulaski: A bill to place the ordinary of Pulaski County upon an annual salary in lieu of the fee system of compensation; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 334. By Mr. Anderson of Pulaski: A bill to amend an act creating the office of commissioner of roads and revenues of Pulaski County, so as to change the compensation of the commissioner of roads and revenues of said county; and for other pur poses. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 335. By Mr. Anderson of Pulaski: A bill to amend an act creating a new charter for the City of Hawkinsville, so as to authorize the commissioners of the City of Hawkinsville to abandon, close by ordinance, sell a'ld convey certain land; and for other purposes. THURSDAY, FEBRUARY 25, 1965 493 The report 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 338. By Messrs. Bedgood and Matthews of Clarke: A bill to amend an act entitled "An act regulating the assessment of taxes by municipal authorities of this State", so as to provide that the mayor and council of the Coty of Athens shall be empowered to levy and collect for the ordinary current expenses an annual ad valorem tax upon property not in excess of 9.8 of one per cent without the necessity of conducting the election specified; and for other purposes. The report 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 348. By Mr. Wilson of Brantley: A bill to amend an act providing for a treasurer of Brantley County, so as to change the compensation of said treasurer; 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 351. By Mr. Griffin of Glascock: A bill to amend an act creating a new charter for the Town of Mitchell in the County of Glascock, so as to change the hours during which the polls shall be open for elections; and for other purposes. 494 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 352. By Mr. Griffin of Glascock: A bill to amend an act entitled "An act to create a Board of Commis sioners of Roads and Revenues for the County of Glascock, so as to change 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 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 361. By Mr. Lovett of Laurens: A bill to amend an act providing for the office hours of the Board of Commissioners of Roads and Revenues, the clerk of the Superior Court, the tax commissioner, the sheriff, county school superintendent of Laurens County, so as to change the hours which said offices shall be open on Saturdays; and for other purposes. The report 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 368. By Messrs. Brinkley, Jones and Pickard of Muscogee: A bill to amend the charter of Columbus whereby the members of the commission of the City of Columbus shall by a majority vote of the commission, establish their own salary, said salary in any event not to exceed $500.00 per month; and for other purposes. THURSDAY, FEBRUARY 25, 1965 495 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 41, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 369. By Messrs. Pickard, Brinkley and Jones of Muscogee: A bill to amend an act entitled "An act to provide that Muscogee County shall provide for a permanent pension fund for present and future employees, including the City-County Health Department and elective salaried officers; etc."; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 370. By Messrs. Pickard and Jones of Muscogee: A bill to amend an act creating the Board of Commissioners of Roads and Revenues of Muscogee County, relating to the election of chairman and vice-chairman; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 371. By Messrs. Pickard, Brinkley and Jones of Muscogee: A bill to amend Code section 21-101 of the Code of the State of Georgia relating to coroners, so as to provide in certain counties coroners may appoint a deputy coroner to act in the coroner's stead when the coroner is temporarily absent; and for other purposes. 496 JOURNAL OF THE SENATE, The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 372. By Messrs. Pickard and Brinkley of Muscogee: A bill to amend Code section 21-105 relating to fees paid to coroners to provide for the payment of an annual salary in lieu of fees in certain counties; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 388. By Mr. Henderson of Atkinson: A bill to amend an act creating an amended charter for the Town of Willacoochee in the County of Atkinson, so as to provide that the mayor and members of the board of aldermen shall be elected by a majority vote; and for other purposes. The report 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 389. By Messrs. Sweat and Dixon of Ware: A bill to amend an act so as to provide that the compensation of the acting city manager shall be fixed by resolution of the commission of the City of Waycross; and for other purposes. THURSDAY, FEBRUARY 25, 1965 497 The report 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 401. By Messrs. Luke, Hull and Simkins of Richmond: A bill to amend the charter of the City of Augusta, so as to provide for the office of assistant recorder and to define the duties 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 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 402. By Messrs. Luke, Simkins and Hull of Richmond: A bill to amend the charter of the City of Augusta, so as to provide that the rules of the Civil Service Commission shall specify that the minimum height requirement for applicants for the police department of the City Council shall be 5'7%"; and for other purposes. The report 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 403. By Messrs. Luke, Simkins and Hull of Richmond: A bill to amend the charter of the City of Augusta, so as to provide that a contest of the election of the mayor or a member of council shall be heard and determined by the Superior Court of Richmond County; and for other purposes. 498 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 405. By Mr. Smith of Camden: A bill to amend the charter of the City of St. Marys, Georgia, by granting the mayor and council of said city the power and authority to adopt an ordinance authorizing the use of voting machines for recording and computing the vote at all city general and special elec tions held in 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 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 406. By Mr. Strickland of Evans: A bill to abolish the present mode of compensating the sheriff of Evans 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. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HR 48. By Mr. Pope of Cherokee: A resolution to repeal a resolution authorizing the conveyance of cer tain state-owned properties in Cherokee County; and for other pur poses. THURSDAY, FEBRUARY 25, 1965 499 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. The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage: SB 63. By Senator Jackson of the 16th: A bill providing that no member of a train crew, yard crew or engine crew of a railroad shall be held personally responsible or found guilty of violating certain State laws or municipal ordinances regulating or intended to regulate the occupying or blocking of any street, road or highway crossing-at-grade; and for other purposes. Senators Yancey of the 33rd and Ballew of the 50th offered the following amendment: Amend SB 63 by striking all of Section 1 after the words "freight cars" in the sixth line of said section and inserting in lieu thereof the following: "Unless the employer shall be served with a copy of the charges at least ten days prior to trial. If it is found by the trial court that the occupying or blocking of said street, road or highway crossing at grade was done in order to comply with an order or instruction, whether written or oral, of such employer, then, in said event, the employer shall be responsible not only for the fine imposed it but shall likewise be responsible for the fine levied upon the employee, and the court may issue Fi Fa against the railroad for the collec tion of both fines. For the purposes of this section and no other, the engineer or conductor shall be deemed to be an agent of his employer upon whom service of citation or copy of charges may be made for alleged violations of any State law or municipal ordinance". On the adoption of the amendment, the ayes were 35, nays 2, and the amend ment was adopted. 500 JOURNAL OF THE SENATE, The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, the ayes were 34, nays 2. The bill, having received the requisite constitutional majority, was passed as amended. SB 89. By Senators Maclntyre of the 40th, Holloway of the 12th, Webb of the llth and Coggin of the 35th: A bill to create the "Georgia Residential Home Builders Commission"; and for other purposes. The Committee on Industry and Labor offered the following amendment: Amend SB 89 by striking from the third sentence of Section 1, the word "sole" as it appears between the word "whose" and "occupation" and inserting in lieu thereof the word "primary". By adding after the 3rd sentence in Section 1, a new sentence to read as follows: "This shall not exclude any member of the General Assembly who might be otherwise qualified to serve as a member of this Commission." On the adoption of the amendment, the ayes were 29, nays 0, and the amendment was adopted. Senator Holloway of the 12th offered the following amendment: Amend SB 89, section 1, by inserting a comma in lieu of a period at the end of the second sentence following the word "Governor" and adding the following "with the approval of the Secretary of State and confirmation of the Senate". On the adoption of the amendment, the ayes were 30, nays 3, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to as amended. THURSDAY, FEBRUARY 25, 1965 501 On the passage of the bill, the ayes were 17, nays 17. The bill, having failed to receive the requisite constitutional majority, was lost. Senator Maclntyre of the 40th gave notice that at the proper time he would move that the Senate reconsider its action on SB 89. 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 House and respectfully requests that a Committee of Conference be appointed. HB 25. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty, and Brooks of Fulton: A bill to make and provide appropriations for the fiscal year beginning July 1, 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967; and for other purposes. The Speaker on the part of the House has appointed as a Committee of Con ference the following members of the House: Messrs. Bolton of Spalding, Blalock of Coweta, and Vaughn of Rockdale. SB 72. By Senators Edenfield of the 4th, Kilpatrick of the 44th, Downing of the 1st and others: A bill to amend an act entitled an act to provide for the creation of the office of solicitor-general emeritus, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended, so as to provide that any time served by a solicitor general as a judge of any city or county court may be counted toward computing the number of years of service re quired of a solicitor general by said act; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 26, nays 9. 502 JOURNAL OP THE SENATE, The bill, having failed to receive the requisite constitutional majority was lost. Senator Edenfield of the 4th gave notice that at the proper time he would move that the Senate reconsider its action on SB 72. SB 87. By Senator Hill of the 29th: A bill to amend an act authorizing the Secretary of State to designate employees to accept service of process under any statute providing for such service on the Secretary of State, approved March 25, 1958 (Ga. Laws 1958, pp. 381-382); so as to provide that such employees may accept service under any statute (now or hereafter effective) providing for service on the Secretary of State; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 34, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Holloway of the 12th asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Highways, and recom mitted to the Committee on Judiciary. SB 129. By Senator Yancey of the 33rd: A bill to amend an act entitled "Uniform Act Regulating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), so as to provide that a vehicle processing in a line of traffic shall yield the right-of-way to a vehicle legally using the street or highway immediately ahead; and for other purposes. The consent was granted. HB 262. By Messrs. Story of Gwinnett and Moore of Polk: A bill to amend an act establishing a retirement system for teachers in the State Public Schools and other State Supported Schools, so as to change certain provisions relative to retirement on disability and certain benefits; and for other purposes. THURSDAY, FEBRUARY 25, 1965 503 The report 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 100. By Senator Johnson of the 42nd: A bill to amend Code section 13-901, relating to the incorporation of banks and applications for bank charters and the contents thereof, as amended, so as to provide that the par value of each share of capital stock of banks incorporated pursuant to Code chapter 13-9 shall be not less than one dollar; and for other purposes. The report 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 42. By Mr. Hale of Dade: A bill to provide that a certified copy of a deed or any other instru ment affecting real property which has been properly recorded shall be admissible in evidence under the same rules which would apply to the original without the necessity of accounting for the original instru 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 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 63. By Mr. Conner of Jeff Davis: A bill to amend Title 56 of the Code of Georgia of 1933, relating to the regulation of the insurance industry, so as to provide for annual reports to the commissioner by insurers concerning their affairs and operations; and for other purposes. 504 JOURNAL OF THE SENATE, The Committee on Banking and Finance offered the following amendment: Amend subsection (b) of Code Section 56-1519.1 as set forth in Section 2 of House Bill 63 as follows: In the third sentence after the word "give" and before the words "any proxy" add the following words "or to refrain from giving". 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 35, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 255. By Mr. Acree of Towns: A bill to amend an act creating the Mountain Judicial Circuit, so as to change the terms of the Superior Court of Towns 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. HR 108. By Messrs. Odom, Hutchinson and Busbee of Dougherty: A resolution authorizing and directing the State Librarian to furnish certain law books for the Dougherty Judicial Circuit; and for other purposes. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. THURSDAY, FEBRUARY 25, 1965 505 On the adoption of the resolution, the ayes were 30, nays 0, The resolution, having received the requisite constitutional majority, was adopted. HB 150. By Mr. Conger of Decatur: A bill to amend an act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present cor poration laws of this State, so as to provide that the words bank, banks, banker, bankers, banking, deposits, or depositors unless chartered by the superintendent of Banks as provided by law shall not be used in the name of a corporation chartered under said act; and for other pur poses. Senator Johnson of the 42nd offered the following amendment: Amend HB 150 by striking from the title the following: "by the Superintendent of Banks as provided by law", and inserting in lieu thereof the following: "pursuant to Code Title 13, as amended,". By striking from Section 1 the words "by the Superintendent of Banks as provided by law", as such words appear in two places in Section 1, and inserting in lieu thereof in both of said places the words "pursuant to Code Title 13, as amended". 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 33, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. SB 107. By Senators Edenfield of the 4th and Yancey of the 33rd: A bill to amend Code section 26-2606, relating to the punishment for horse stealing, so as to change the punishment for said crime; and for other purposes. 506 JOURNAL OF THE SENATE, The report of the committee, which was favorable to the passage ci the bill, was agreed to. On the passage of the bill, the ayes were 34, nays 2. The bill, having received the requisite constitutional majority, was passed. SB 113. By Senators Gayner of the 5th, Holloway of the 12th and Webb of the llth: A bill to amend section 13-1009 of the Code of Georgia of 1933, so as to permit additional capital stock to be issued without first being of fered to stockholders; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 41, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 33. By Senator Carter of the 14th: A bill to amend an act authorizing the governing authorities of municipalities and counties to establish planning commissions, ap proved March 13, 1957 (Ga. Laws 1957, p. 420), as amended, so as to authorize municipalities and counties of this State to create planning commissions and to continue existing commissions; and for other purposes. The report 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 115. By Senators Yancey of the 33rd, Edenfield of the 4th and Kilpatrick of the 44th: A bill to amend Code section 27-2501, relating to the reduction of pun ishment for certain felonies to misdemeanors, so as to prescribe that the punishment for certain felonies may be reduced to misdemeanor punishment upon the recommendation of the jury; to provide the procedure connected therewith; and for other purposes. THURSDAY, FEBRUARY 25, 1965 507 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 38, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 152. By Mr. Conger of Decatur: A bill to amend Code section 13-2015, pertaining to limitations on in vestment in real estate by banks, so as to provide that no bank doing a commercial business and receiving deposits subject to check, shall lend upon real estate held as investment; and for other purposes. The report 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 4. The bill, having received the requisite constitutional majority, was passed. HB 151. By Mr. Conger of Decatur: A bill to amend Code section 13-2023, relating to purchase of stocks and investment securities by banks, so as to provide for the purchase of capital stock in bank service corporations; and for other purposes. The Committee on Banking and Finance offered the following amendment: Amend HB 151, subsection (g) of Code Section 13-2023 as set forth in Section 1 of House Bill 151 as follows: The words "Bank Service Corporation" as set forth in the third line and in the eighth and ninth lines to read "bank service corporation". In the third sentence after the words "bank service corpora tion" and before the word "created" add the following: ". . . solely owned by one or more banks and . . ." On the adoption of the amendment, the ayes were 37, nays 0, and the amendment was adopted. 508 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 37, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 153. By Mr. Conger of Decatur: A bill to amend Code chapter 13-20, relating to the regulation of the business of banking, so as to provide that whenever any change occurs in the outstanding capital stock of any bank incorporated pursuant to the provisions of Code Title 13, the president or other chief executive officer of such bank shall promptly report such facts; and for other purposes. The Committee on Banking and Finance offered the following amendment: Amend HB 153 Code Section 13-2006 as set forth in Section 1 of House Bill 153 as follows: In the fifth line after the word "shall" strike the word "promptly" and add the following: "within 10 days after knowledge thereof" In the sixth line place period after the words "Superintendent of Banks" and strike the remainder of that sentence. On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, the ayes were 37, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. THURSDAY, FEBRUARY 25, 1965 509 The following bill of the Senate was taken up for the purpose of consider ing a House substitute thereto: SB 58. By Senators Downing of the 1st and Tribble of the 3rd: A bill to amend an act creating and relating to the Board of Public Education for the City of Savannah and the County of Chatham; and for other purposes. The House substitute was as follows: The Committee on Local Affairs offered the following substitute: A BILL To amend an Act entitled: "An Act to amend the several Acts creating and relating to the Board of Public Education for the City of Savannah and County of Chatham and to provide for the termination of the terms of office of all members of the Board of Public Education for the City of Savannah and County of Chatham, to provide for the selection of their successors and the filling of vacancies; and for other purposes.", approved February 22, 1933 (Ga. Laws 1933, p. 1067), as amended, by an Act approved February 5, 1951 (Ga. Laws 1951, p. 2207), so as to make eligible for reappointment members of said Board of Education who would not otherwise have been eligible; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act entitled: "An Act to amend the several Acts creating and relating to the Board of Public Education for the City of Savannah and County of Chatham and to provide for the termina tion of the terms of office of all members of the Board of Public Edu cation for the City of Savannah and County of Chatham, to provide for the selection of their successors and the filling of vacancies; and for other purposes.", approved February 22, 1933 (Ga. Laws 1933, p. 1067), as amended, by an Act approved February 5, 1951 (Ga. Laws 1951, p. 2207), is hereby amended by striking from Section 1 the period following the word "served" in the twelfth line of said Section and substituting in lieu thereof the following: "; provided, however, that any member who is serving as a duly elected officer of the Georgia School Boards Association or other educational association or organization having State, sec tional or nationwide jurisdiction at the time his term would expire shall be eligible for reappointment to said Board, and the require ment that one year intervene between the expiration of the term and the eligibility for such reappointment of such member shall not apply.", 510 JOURNAL OF THE SENATE, so that when so amended Section 1 shall read as follows: "Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the tenure of office of the several members of the Board of Public Education for the City of Savannah and County of Chatham now in office shall terminate at the expiration of the terms for which they were severally chosen, and no member of said board, whether now in office or hereafter chosen shall be eligible to hold the said office of a member of said board of education until one year after the expiration of the term for which such member shall have previ ously served; provided, however, that any member who is serving as a duly elected officer of the Georgia School Boards Association or other educational association or organization having State, sec tional or nationwide jurisdiction at the time his term would ex pire shall be eligible for reappointment to said Board, and the requirement that one year intevene between the expiration of the term and the eligibility for such reappointment of such member shall not apply. The president shall be elected annually by the members of the board during the month of December." 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 sub stitute to SB 58. On the motion, the ayes were 34, nays 0, and the House substitute was agreed to. Senator Yancey of the 33rd moved that the following bill of the House be recommitted to the Committee on County and Municipal Governments: HB 286. By Messrs. Duncan, Jordan and McDaniell of Cobb: A bill to amend an act creating a court to be known as the "Civil and Criminal Court of Cobb County", so as to extend the jurisdiction of said court to certain cases involving injury to the person; and for other purposes. On the motion to recommit, the ayes were 28, nays 0, and the motion pre vailed. Senator Webb of the llth moved that the Senate do now adjourn, and the motion prevailed. The president announced the Senate adjourned until 10:00 o'clock tomorrow morning. FRIDAY, FEBRUARY 26, 1965 511 Senate Chamber, Atlanta, Georgia, Friday, February 26, 1965. The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president. Scripture reading and prayer was offered by the Reverend Leland Bagwell, pastor, Lawrenceville Road Methodist Church, Tucker, Georgia. The roll was called, and the following senators answered to their names: Adams Bateman Broun Carter Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Foster Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble Owens Padgett Pennington Plunkett Salome Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young Senator Maclntyre of the 40th moved that the Senate reconsider its action of yesterday on the following bill of the Senate: SB 89. By Senators Maclntyre of the 40th, Webb of the llth and others: A bill to create the "Georgia Residential Home Builders Commission"; and for other purposes. On the motion, Senator Maclntyre called for the ayes and nays, and the call was sustained. A roll call was ordered, and the vote was as follows: Those voting in the affirmative were Senators: Adams Bateman Broun Downing Edenfield Fincher of 54th Gordy Hall Hill Holley Holloway Johnson of 38th 512 Kendrick Kilpatrick Lee Maclntyre JOURNAL OF THE SENATE, McKenzie Padgett Plunkett Smith Thompson Ward Webb Wesberry Those voting in the negative were Senators: Carter Eldridge Foster Miller Minish Moore Noble Sanders Smalley Yancey By unanimous consent, verification of the roll call was dispensed with. On the motion to reconsider, the ayes were 24, nays 10, and the motion was lost. Senator Edenfield of the 4th moved that the Senate reconsider its action of yesterday on the following bill of the Senate: SB 72. By Senators Edenfield of the 4th, Kilpatrick of the 44th and others: A bill to amend an act entitled "An act to provide for the creation of the office of the solicitor general emeritus", so as to provide that any time served by a solicitor general as a judge of any city or county court may be counted toward computing the number of years of service required of a solicitor general by said act; and for other purposes. On the motion to reconsider, the ayes were 28, nays 0. The motion prevailed, and SB 72 was placed on the calendar. 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. FRIDAY, FEBRUARY 26, 1965 513 Senator Webb of the llth 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 and bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions. The consent was granted. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate to-wit: HB 88. By Messrs. Pickard, Brinkley and Jones of Muscogee and Steis of Harris: A bill to amend an act establishing a teachers' retirement system, so as to provide that one member of the Board of Trustees of the Teachers' Retirement System shall be a retired, classroom teacher, receiving re tirement benefits under said Act; and for other purposes. HB 106. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, and others: A bill to amend an act known as the "State Penal and Rehabilitation Authority Act", so as to provide for a maximum bond limitation not to exceed ten million dollars outstanding at any one time; and for other purposes. HB 163. By Mr. Murphy of Haralson: A bill to amend an act known as the "Georgia Post Mortem Examina tion Act", so as to provide that all post mortem examination and/or autopsies performed pursuant to said Act shall be limited to the sole purpose of determining the cause of death; and for other purposes. 514 JOURNAL OF THE SENATE, HB 268. By Mr. Moore of Polk: A bill to amend an act creating and establishing law libraries in certain counties, so as to change the population and census figures appearing therein; and for other purposes. HB 272. By Messrs. Chandler of Baldwin, Branch of Tift and others: A bill to amend the State Properties Control Code, so as to provide that a lease instrument, transmitted to each House of the General As sembly fcr acceptance or rejection under the provisions of the State Properties Control Code, shall receive three separate readings in each House; and for other purposes. HB 283. By Messrs. Story and Watson of Gwinnett: A bill to provide that in all civil actions for wrongful death or per manent impairment of earning capacity, the jury shall not be instructed to use any fixed rate of interest, or any certain per cent column of any annuity table in reducing a verdict for damages to its present value; and for other purposes. HB 321. By Mr. Overby of Hall: A bill authorizing the counties of this State to sell lost or abandoned personal property located within the County; and for other purposes. HB 337. By Mr. Hale of Dade: A bill to amend an act to establish juvenile courts, so as to provide that the judge shall not exclude from certain hearings conducted by the court authorized representatives of the public information media and the publication in certain instances of juvenile offenders; and for other purposes. HB 344. By Messrs. Smith of Grady, Bolton of Spalding, and others: A bill entitled "The Georgia Public Assistance Act of 1965", to author ize the Department of Family and Children Services to establish cate gories of assistance payments and services; and for other purposes. HB 394. By Messrs. Paris of Barrow, Murphy of Haralson, and others: A bill known as the "Georgia Motor Boat Numbering Act", so as to extend the renewal date of said motor boat licenses; and for other purposes. FRIDAY, FEBRUARY 26, 1965 515 HB 440. By Mr. Clarke of Monroe: A bill to create a public corporation to be known as "The Board of Trustees of the Joint Municipal Employees' Retirement System"; and for other purposes. HB 442. By Mr. Ware of Troup: A bill to amend an act known as the "Housing Authorities Law", so as to exempt housing authorities of certain municipalities located in certain counties of this State; and for other purposes. HB 450. By Messrs. Duncan, McDaniell and Jordan of Cobb: A bill to amend an act establishing a new charter for the City of Acworth, so as to extend the present corporate limits of said city; and for other purposes. HB 451. By Mr. Paris of Barrow: A bill to amend an act creating a Board of Commissioners of Roads and Revenue-? for Barrow County so as to change the compensation of the chairman; and for other purposes. HB 454. By Mr. Crowe of Worth: A bill to amend an act relative to the establishment of a Small Claims Court in counties in this State having a certain population- ==> -- < change the qualifications of the judge of such court; and for other purposes. HB 455. By Mr. Brantley of Candler: A bill to amend an q.ct establishing the city court of Metter, so as to change the method of Imitig vacancies in the office of judge; and for other purposes. HB 457. By Mr. Collins of Toombs: A bill to amend an act creating the City C-^urt of Lyons, so as to change the compensation of the judge of saia court; and for other purposes. HB 458. By Mr. Balkcom of Quitman: A bill to place the sheriff of Quitman County upon an ann, ai salary; and for other purposes. 516 JOURNAL OF THE SENATE, HB 459. By Mr. Collins of Toombs: A bill to amend an act creating the City Court of Lyons, so as to pro vide that the rules of practice, forms of pleading and methods of procedure now prevailing in the superior courts of this State shall be the same rules of practice and procedure for the City Court of Lyons; and for other purposes. HB 460. By Messrs. Harris, Bowen and Farrar of DeKalb: A bill to create a new charter for the City of Chamblee, so as to authorize the Mayor and Council to increase and change the sanitary taxes now authorized to be levied, and to vary the rate of such taxes from time to time; and for other purposes. HB 461. By Mr. Walker of Lowndes: A bill to amend the Charter of the City of Valdosta so as to change the corporate limits of said city; and for other purposes. HB 462. By Mr. Rainey of Crisp: A bill to amend an act creating a new charter for the City of Cordele, so as to change the form of government from a Commission and City Manager to a Mayor and Council; and fo^ other purposes. HB 464. By Messrs. NeSmith of Meriwetber and McRae of Talbot: A bill t,u incorporate the City of Manchester, so as to change the method and procedure of electing the board of commissioners; and for other purposes. HB 465. By Messrs. Duncan, McDaniell and Jordan of Cobb: A bill to amend an act incorporating Wie Town of Austell, so as to increase the corporate limits of s>* City; and for other purposes. HB 466. By Messrs. Gar?- ad Lee of Clayton: A bill to amend an act incorporating the City of Riverdale, so as to make provisions for the City governing authority to secure group in surance for 'he employees in the City of Riverdale; and for other purposes. HB 467. By ttr - Conger of Decatur: A bill to amend an act requiring banks having and exercising trust towers, trust companies, savings banks, and security or guarantee com- FRIDAY, FEBRUARY 26, 1965 517 panies doing a trust business to secure uninvested trust funds may also be secured by real estate loans; and for other purposes. HB 470. By Mr. Thomas of Wayne: A bill to amend an act creating a new Charter for the City of Odum, so as to authorize the Mayor and Council to sell and convey to the adjoining land owner all the rights, title, and interest of the City of Odum in and to a certain abandoned portion of Mershon Street; and for other purposes. HB 471. By Messrs. Clarke of Monroe, Tucker of Henry, and others: A bill to provide that a single in rem condemnation action may be maintained to condemn a right-of-way across two tracts of land only if the ownership of the two tracts is identical; and for other purposes. HB 476. By Mr. Reaves of Brooks: A bill to amend the charter of the City of Quitman, so as to reduce the number of City Commissioners from five to three; and for other purposes. HB 477. By Mr. Reaves of Brooks: A bill to amend the charter of the City of Quitman so as to authorize the chairman of the board of commissioners to vote on any matter coming before the board when his vote will be decisive; and for other purposes. HB 481. By Messrs. Caldwell and Page of Upson: A bill to amend an act creating a new charter for the City of Thomaston, so as to provide that the mayor and city council of said city are authorized to provide by ordinance for the assessment, levy and col lection of ad valorem taxes on all property for the ordinary current expenses of said city such tax as they may deem necessary and proper; and for other purposes. HB 482. By Messrs. Caldwell and Page of Upson: A bill to amend Code Section 92-4101, relating to the limitation on the amount of ad valorem tax which municipalities may levy for ordi nary current expenses, so as to provide that the City of Thomaston shall not be affected by the provisions of Code Sections 92-4101 through 4104; and for other purposes. 518 JOURNAL OF THE SENATE, HB 483. By Mr. Russell of Thomas: A bill to provide for the creation of fire protection districts in Thomas County outside the corporate limits of any municipality therein; and for other purposes. HR 68. By Mr. Caldwell of Upson: A resolution compensating Jack Donald Grogan; and for other pur poses. HR 78. By Mr. Bagby of Paulding: A resolution compensating Mrs. Emma C. Couch; and for other pur poses. HR 80. By Mr. Abney of Walker: A resolution compensating Mr. Paul E. Phillips; and for other pur poses. HR 101. By Messrs. Brooks of Fulton and Harris of DeKalb: A resolution authorizing the painting of a portrait of Mary Givens Bryan, former Archivist of the State; and for other purposes. HR 164. By Mr. Rowland of Johnson: A resolution instructing the State Board of Education to discontinue collection of certain overpayments made to the board of education of Johnson County; and for other purposes. HR 161. By Mr. DeLoach of Echols: A resolution proposing an amendment to the Constitution so as to create the Echols County Development Authority; and for other pur poses. HR 170. By Messrs. Pickard, Brinkley and Jones of Muscogee: A resolution proposing an amendment to the Constitution so as to authorize Muscogee-Columbus County Port Development Commission; and for other purposes. HR 176. By Mr. Smith of Emanuel: A resolution authorizing the Georgia State Agency for Surplus Prop erty as lessee and the State Board of Education as lessor to enter into an irrevocable lease agreement for 15 years respecting certain property located in or near the City of Swainsboro; and for other purposes. FRIDAY, FEBRUARY 26, 1965 519 HR 183. By Mr. McClelland of Fulton: A resolution authorizing the conveyance of a certain tract of stateowned property; and for other purposes. HR 193. By Messrs. Duncan, McDaniell and Jordan of Cobb: A resolution proposing an amendment to the Constitution so as to authorize the City of Marietta to create additional indebtedness and levy additional taxes for educational purposes; and for other purposes. HR 192. By Mr. Paris of Barrow: A resolution authorizing the Governor to convey to the City of Winder an easement for the purpose of operating sewer lines, over and through property owned by the State and operated as part of Fort Yargo State Park; and for other purposes. SR 52. By Senator Pennington of the 45th: A resolution proposing an amendment to Article VII, Section II, Para graph I-A of the Constitution, relating to the production, marketing, sale, use and utilization, processing and improvement of agricultural products; and for other purposes. The House has passed by the requisite constitutional majority the following bill of the House to-wit: HB 134. By Messrs. Dixon of Ware, Farrar of DeKalb, Shea of Chatham, and Overby of Hall: A bill to amend Code Section 92-3106, relating to personal exemptions and credits that may be deducted from net income in determining State income taxes, as amended, so as to allow personal exemption of six hundred dollars for each son, daughter or ward of the taxpayer to be deducted from the taxpayer's net income notwithstanding the gross income of such son, daughter or ward; and for other purposes. The House has passed by Substitute, the following bills of the Senate to-wit: SB 7. By Senators Webb of the llth, Hill of the 29th and Plunkett of the 30th: A bill to create the Georgia State Scholarship Commission; and for other purposes. 520 JOURNAL OP THE SENATE, SB 8. By Senators Webb of the llth, Plunkett of the 30th, and Hill of the 29th: A bill to create the Georgia Higher Education Assistance Corporation; and for other purposes. The House has passed as amended, the following bills of the Senate to-wit: SB 2. 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; and for other purposes. SB 6. By Senators Lee of the 47th and Pennington of the 45th: A bill to amend Code Chapter 84-15, relating to the regulation of the practice of veterinary medicine; and for other purposes. The following bills and resolutions were introduced, read the first time, and referred to committees: SB 145. By Senator Thompson of the 34th: A bill to provide that any county, municipality, political subdivision or authority operating a public water system which has been issued a certificate by the Board of Health of the Department of Public Health of the State of Georgia shall have the authority to make a determina tion as to whether said water supply shall be flouridated; and for other purposes. Referred to Committee on Health and Welfare. SB 146. By Senator Holley of the 22nd: A bill to amend Code Section 56-2101, defining "Reciprocal" insur ance, so as to remove the exemption in regard to contracts executed prior to March 8, 1960; and for other purposes. Referred to Committee on Judiciary. SB 147. By Senator Jackson of the 16th: A bill to amend an act known as "The Georgia Professional Association Act"; and for other purposes. Referred to Committee on Judiciary. FRIDAY, FEBRUARY 26, 1965 521 SB 148. By Senator Kidd of the 25th: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Baldwin, so as to provide that all members of the Board of Commissioners of Roads and Revenues for the County of Baldwin shall be elected by the voters of the entire County; and for other purposes. Referred to Committee on County and Municipal Governments. SB 149. By Senator Loggins of the 53rd: A bill to amend Section 4 of Article I of the Banking Law of Georgia, relating to the regulation of private banks, so as to prohibit any new or additional private banks or bankers and requiring all existing pri vate banks or bankers to become chartered and organized under the Banking laws of this State or of the United States; and for other purposes. Referred to Committee on Rules. SB 150. By Senators Hall of the 52nd and Smalley of the 28th: A bill to amend an act comprehensively and exhaustively revising, superseding, consolidating and codifying the laws relating to public health; and for other purposes. Referred to Committee on Judiciary. SB 151. By Senators McKenzie of the 17th, Hill of the 29th, and Bateman of the 27th: A bill to amend an act known as the "Georgia Agricultural Commodi ties Promotion Act", so as to authorize membership on the various commissions of members of the General Assembly; and for other pur poses. Referred to Committee on Agriculture and Natural Resources. SB 152. By Senator Minish of the 48th: A bill to amend an act entitled "An Act to provide an alternative method for annexing territory to the municipalities of this State by action of the municipal governing bodies upon written request of 100% of the property owners in the affected area", and for other purposes. Referred to Committee on Rules. SB 153. By Senator Bateman of the 27th: A bill to amend Code Section 59-112, relating to persons exempt from jury duty, so as to provide the persons who shall be entitled to exemp- 522 JOURNAL OF THE SENATE, tion from all jury duty; to provide the procedure connected therewith; and for other purposes. Referred to Committee on Judiciary. SB 154. By Senator Kidd of the 25th: A bill to amend the Charter of the City of Milledgeville, so as to change provisions relative to registration and voting. Referred to Committee on County and Municipal Governments. SB 155. By Senator Smalley of the 28th: A bill to provide that no judgment decreeing the forfeiture of any appearance bond shall be rendered if it is shown to the satisfaction of the court that the principal was prevented by some physical disability or by his incarceration from attending the proceedings upon which the bond is conditioned; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Referred to Committee on Judiciary. SR 67. By Senator Webb of the llth: A resolution creating the Alcoholism Study Commission; and for other purposes. Referred to Committee on Rules. HB 88. By Messrs. Pickard, Brinkley and Jones of Muscogee and Steis of Harris: A bill to amend an act establishing a teachers' retirement system, so as to provide that one member of the Board of Trustees of the Teachers' Retirement System shall be a retired classroom teacher, receiving re tirement benefits under said act; and for other purposes. Referred to Committee on Educational Matters. HB 106. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty and Brooks of Pulton: A bill to amend an act known as the "State Penal and Rehabilitation Authority Act", so as to provide for a maximum bond limitation not to exceed ten million ($10,000,000.00) dollars outstanding at any one time; and for other purposes. Referred to Committee on Penal and Correctional Affairs. FRIDAY, FEBRUARY 26, 1965 523 HB 163. By Mr. Murphy of Haralson: A bill to amend an act known as the "Georgia Post Mortem Examina tion Act", so as to provide that all post mortem examinations and/or autopsies performed pursuant to said act shall be limited to the sole purpose of determining the cause of death; and for other purposes. Referred to Committee on Judiciary. HB 268. By Mr. Moore of Polk: A bill to amend an act creating and establishing law libraries in coun ties having a population of not less than 30,500 nor more than 31,000 persons, so as to change the population and census figures appearing therein; and for other purposes. Referred to Committee on County and Municipal Governments. HB 272. By Messrs. Chandler of Baldwin, Branch of Tift and Murphy of Haralson: A bill to amend the State Properties Control Code, so as to provide that a lease instrument, transmitted to each house of the General As sembly for acceptance or rejection under the provisions of the State Properties Control Code, shall receive there separate readings; and for other purposes. Referred to Committee on Rules. HB 283. By Messrs. Story and Watson of Gwinnett: A bill to provide that in all civil actions for wrongful death or per manent impairment of earning capacity, the jury shall not be instructed to use any fixed rate of interest, or any certain per cent column of any annuity table in reducing a verdict for damages to its present value; and for other purposes. Referred to Committee on Judiciary. HB 321. By Mr. Overby of Hall: A bill authorizing the counties of this State to sell lost or abandoned personal property located within the county; and for other purposes. Referred to Committee on Judiciary. HB 337. By Mr. Hale of Bade: A bill to amend an act to establish juvenile courts, so as to provide that the judge shall not exclude from certain hearings conducted by the court authorize representatives of the public information media 524 JOURNAL OF THE SENATE, and the publication in certain instances of juvenile offenders; and for other purposes. Referred to Committee on Judiciary. HB 344. By Messrs, Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty and Brooks of Fulton: A bill to authorize the Department of Family and Children Services to establish categories of assistance payments and services; and for other purposes. Referred to Committee on Health and Welfare. HB 394. By Messrs. Paris of Barrow, Murphy of Haralson, Milhollin of Coffee, Overby and Williams of Hall, Lee of Clinch and Chandler of Baldwin: A bill to amend an act known as the "Georgia Motor Boat Numbering Act", so as to extend the renewal date of said motor boat licenses; and for other purposes. Referred to Committee on Agriculture and Natural Resources. HB 440. By Mr. Clarke of Monroe: A bill to create a public corporation to be known as "The Board of Trustees of the Joint Municipal Employees' Retirement System"; and for other purposes. Referred to Committee on Rules. HB 442. By Mr. Ware of Troup: A bill to amend an act known as the "Housing Authorities Law", so as to exempt housing authorities of certain municipalities located in certain counties of this State; and for other purposes. Referred to Committee on Judiciary. HB 450. By Messrs. Duncan, McDaniell and Jordan of Cobb: A bill to amend an act establishing a new charter for the City of Acworth, so as to extend the present corporate limits of said city; and for other purposes. Referred to Committee on County and Municipal Governments. HB 451. By Mr. Paris of Barrow: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Barrow County, so as to change the compensation of the chairman; and for other purposes. Referred to Committee on County and Municipal Governments. FRIDAY, FEBRUARY 26, 1965 525 HB 454. By Mr. Crowe of Worth: A bill to amend an act relating to the establishment of a Small Claims Court in counties in this State having a population of not less than 16,500 and not more than 16,700 so as to change the qualifications of the judge of such court; and for other purposes. Referred to Committee on County and Municipal Governments. HB 455. By Mr. Brantley of Candler: A bill to amend an act establishing the City Court of Metter, so as to change the method of filling vacancies in the office of judge; and for other purposes. Referred to Committee on County and Municipal Governments. HB 457. By Mr. Collins of Toombs: A bill to amend an act creating the City Court of Lyons, so as to change the compensation of the judge of said court; and for other purposes. Referred to Committee on County and Municipal Governments. HB 458. By Mr. Balkcom of Quitman: A bill to place the sheriff of Quitman County upon an annual salary; and for other purposes. Referred to Committee on County and Municipal Governments. HB 459. By Mr. Collins of Toombs: A bill to amend an act creating the City Court of Lyons, so as to pro vide that the rules of practice, forms of pleading and methods of pro cedure now prevailing in the superior courts of this State shall be the same rules of practice and procedure for the City Court of Lyons; and for other purposes. Referred to Committee on County and Municipal Governments. HB 460. By Messrs. Harris, Bowen and Farrar of DeKalb: A bill to amend an act creating a new charter for the City of Chamblee, so as to authorize the mayor and council to increase and change the sanitary taxes now authorized to be levied, and to vary the rate of such taxes from time to time; and for other purposes. Referred to Committee on County and Municipal Governments. 526 JOURNAL OF THE SENATE, HB 461. By Mr. Walker of Lowndes: A bill to amend the charter of the City of Valdosta so as to change the corporate limits of said city; and for other purposes. Referred to Committee on County and Municipal Governments. HB 462. By Mr. Rainey of Crisp: A oil! to amend an act creating a new charter for the City of Cordele, so as to change the form of government from a Commission and City Manager to a mayor and council; and for other purposes. Referred to Committee on County and Municipal Governments. 464. By Messrs. NeSmith of Meriwether and McRae of Talbot: A bill to amend an act incorporating the City of Manchester, so as to change the method and procedure of electing the board of Commis sioners; and for other purposes. Referred to Committee on County and Municipal Governments. HB 465. By Messrs. Duncan, McDaniell and Jordan of Cobb: A bill to amend an act incorporating the Town of Austell, so as to increase the corporate limits of said city; and for other purposes. Referred to Committee on County and Municipal Governments. HB 466. By Messrs. Gary and Lee of Clayton: A bill to amend an act incorporating the City of Riverdale, so as to make provisions for the city governing authority to secure group insur ance for the employees in the City of Riverdale; and for other purposes. Referred to Committee on County and Municipal Governments. HB 467. By Mr. Conger of Decatur: A bill to amend an act requiring banks having and exercising trust powers, trust companies, savings banks, and security or guarantee companies doing a trust business to secure uninvested trust funds, to provide that such uninvested trust funds may also be secured by real estate loans; and for other purposes. Referred to Committee on Banking and Finance. HB 470. By Mr. Thomas of Wayne: A bill to amend an act creating a new charter for the City of Odum, so as to authorize the mayor and council to sell and convey to the adjoining landowner all the rights, title, and interest of the City of FRIDAY, FEBRUARY 26, 1965 527 Odum in and to a certain abandoned portion of Mershon Street; and for other purposes. Referred to Committee on County and Municipal Governments. HB 471. By Messrs. Clarke of Monroe, Tucker of Henry, Bagby of Paulding and Murphy of Haralson: A bill to provide that a single in rem condemnation action may be maintained to condemn a right-of-way across two tracts of land only if the ownership of the two tracts of land is identical; and for other pur poses. Referred to Committee on Judiciary. HB 476. By Mr. Reaves of Brooks: A bill to amend the charter of the City of Quitman, so as to reduce the number of city commissioners from five to three; and for other purposes. Referred to Committee on County and Municipal Governments. HB 477. By Mr. Reaves of Brooks: A bill to amend the charter of the City of Quitman so as to authorize the chairman of the board of commissioners to vote on any matter coming before the board when his vote will be decisive; and for other purposes. Referred to Committee on County and Municipal Governments. HB 481. By Messrs. Caldwell and Page of Upson: A bill to amend an act creating a new charter for the City of Thomaston, so as to provide that the mayor and city council of said city are authorized to provide by ordinance for the assessment, levy and collec tion of ad valorem taxes on all property for the ordinary current ex penses of said city such tax as they may deem necessary and proper; and for other purposes. Referred to Committee on County and Municipal Governments. HB 482. By Messrs. Caldwell and Page of Upson: A bill to amend Code section 92-4101, 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 Thomaston shall not be affected by the provisions of Code sections 92-4101 through 4104; and for other purposes. Referred to Committee on County and Municipal Governments. 528 JOURNAL OF THE SENATE, HB 483. By Mr. Russell of Thomas: A bill to provide for the creation of fire protection districts in Thomas County outside the corporate limits of any municipality therein; and for other purposes. Referred to Committee on County and Municipal Governments. HR 68. By Mr. Caldwell of Upson: A resolution compensating Jack Donald Grogan; and for other purposes. Referred to Committee on Appropriations. HR 78. By Mr. Bagby of Paulding: A resolution to compensate Mrs. Emma G. Couch; and for other pur poses. Referred to Committee on Appropriations. HR 80. By Mr. Abney of Walker: A resolution to compensate Mr. Paul E. Phillips; and for other pur poses. Referred to Committee on Appropriations. HR 101. By Messrs. Brooks of Pulton and Harris of DeKalb: A resolution authorizing the painting of a portrait of Mary Givens Bryan, former Archivist of the State of Georgia; and for other pur poses. Referred to Committee on Rules. HR 161. By Mr. DeLoach of Echols: A resolution proposing an amendment to the Constitution so as to create the Echols County Development Authority; and for other pur poses. Referred to Committee on Rules. HR 164. By Mr. Rowland of Johnson: A resolution instructing the State Board of Education to discontinue collection of certain overpayments made to the Board of Education of Johnson County; and for other purposes. Referred to Committee on Rules. FRIDAY, FEBRUARY 26, 1965 529 HR 170. By Messrs. Pickard, Brinkley and Jones of Muscogee: A resolution proposing an amendment to the Constitution so as to authorize Muscogee County to create a Columbus-Muscogee County Port Development Commission; and for other purposes. Referred to Committee on Rules. HR 176. By Mr. Smith of Emanuel: A resolution authorizing the Georgia State Agency for Surplus Prop erty as lessee and the State Board of Education as lessor to enter into an irrevocable lease agreement for 15 years respecting certain property located in or near the City of Swainsboro; and for other purposes. Referred to Committee on Educational Matters. HR 183. By Mr. McClelland of Fulton: A resolution authorizing the conveyance of a certain tract of stateowned property; and for other purposes. Referred to Committee on Rules. HR 192. By Mr. Paris of Barrow: A resolution authorizing the Governor to convey to the City of Winder an easement for the purpose of operating sewer lines, over and through property owned by the State and operated as part of Fort Yargo State Park; and for other purposes. Referred to Committee on Rules. HR 193. By Messrs. Duncan, McDaniell and Jordan of Cobb: A resolution proposing an amendment to the Constitution so as to authorize the City of Marietta to create additional indebtedness and levy additional taxes for educational purposes; and for other purposes. Referred to Committee on Rules. HB 134. By Messrs. Dixon of Ware and Farrar of DeKalb: A bill to amend Code section 92-3106, relating to personal exemptions and credits that may be deducted from net income in determining State income taxes, so as to allow personal exemption of $600.00 for each son, daughter or ward of the taxpayer to be deducted from the tax payer's net income notwithstanding the gross income of such son, daughter or ward; and for other purposes. Referred to Committee on Banking and Finance. 530 JOURNAL OF THE SENATE, The following bills and resolutions were read the second time: SB 134. By Senator Kidd of the 25th: A bill to provide that each load of pulpwood, logs or lumber trans ported upon any public street, road or highway in this State shall be chained or cabled; and for other purposes. SB 135. By Senator Kidd of the 25th: A bill to amend Code Section 49-605, relating to the procedure for terminating the guardianship of a ward who has been discharged from a psychiatric hospital, so as to change the procedure for termination of guardianship when the ward is restored to mental health to the extent he can manage his estate and who has been released from a psychiatric hospital or any other institution for the mentally ill; and for other purposes. SB 136. By Senator Kidd of the 25th: A bill to amend Code Chapter 88-5, relating to the voluntary and in voluntary hospitalization of alleged mentally ill persons, so as to pro vide the method of legally declaring a person restored to mental health who has been released by the superintendent or chief officer of a psy chiatric hospital as being restored to mental health; and for other purposes. SB 137. By Senators Smith of the 18th, Lee of the 47th, Plunkett of the 30th, and Moore of the 31st: A bill to amend an act known as the "Stone Mountain Memorial Asso ciation Act", so as to change the membership of the association; to repeal conflicting- laws; and for other purposes. SB 138. By Senators Smith of the 18th, Lee of the 47th, Plunkett of the 30th, and Moore of the 31st: A bill to amend an act known as the "Stone Mountain Memorial Asso ciation Act", so as to limit the power of the authority to borrow money for certain purposes; to repeal conflicting laws; and for other pur poses. SB 139. By Senator Kendrick of the 32nd: A bill to amend Code Section 40-1812, relating to the duty of the De partment of Audits and Accounts; so as to provide that the local boards of education of the several county, independent and area public school systems of this State shall be authorized to have an audit made of FRIDAY, FEBRUARY 26, 1965 531 books, records and accounts of the public school system over which any such board has jurisdiction; and for other purposes. SB 140. By Senator Webb of the llth: A bill to amend Section 68-9929 of the Georgia Code of 1933; and for other purposes. SB 141. By Senator Thompson of the 34th: A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors"; and for other purposes. SB 142. By Senator Webb of the llth: A bill to amend an act establishing an employees retirement system known as the "Employees Retirement System of Georgia", so as to pro vide creditable service for certain members; to provide for contribu tions; to provide the procedure connected therewith; and for other purposes. SB 143. By Senator Webb of the llth: A bill to amend an act establishing an employees retirement system known as the "Employees Retirement System of Georgia", so as to provide creditable service for certain members; to provide for contribu tions; and for other purposes. SB 144. By Senator Thompson of the 34th: A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide that any governing authority of any municipality may determine or in the alternative, hold a referendum as to whether the sale, distribution and control of alcoholic beverages and liquors shall be held within the municipality; and for other purposes. SR 65. By Senator Carter of the 14th, Gillis of the 20th, Plunkett of the 30th, Yancey of the 33rd, and Smalley of the 28th: A resolution requesting the Legislative Services Committee of the General Assembly of Georgia to employ a Budget Analyst; and for other purposes. SR 66. By Senator Holloway of the 12th: A resolution proposing an amendment to the Constitution so as to pro vide certain restrictions upon the amount of the anticipated surplus which shall be available to the General Assembly for the purposes of appropriation; to provide for the submission of this amendment for ratification or rejection; and for other purposes. 532 JOURNAL OF THE SENATE, HB 44. By Messrs. Barber of Jackson, Harris of DeKalb, Jones of Muscogee, McClelland of Fulton and others: A bill to amend Code chapter 74-1 relating to the relationship of parent to child, so as to require certain persons to report any case of cruel treatment of children which he notices in the examination of any such children; and for other purposes. HB 124. By Mr. Barber of Dougherty: A bill to amend an act creating the Peace Officers' Annuity and Benefit Fund, so as to prohibit certain members who take refunds from subse quently becoming members of the Fund; and for other purposes. HB 256. By Messrs. Harris and Farrar of DeKalb, Simkins of Richmond, Mar shall of Putnam and McDaniell of Cobb: A bill to amend Code chapter 84-14, relating to the regulation of real estate brokers and salesmen, so as to change and revise certain pro visions including the definition of "Real Estate Broker", "Associate Broker" and "Real Estate Salesman", fees for licenses, the period covered by such licenses, reciprocal agreements, and advertising real estate; and for other purposes. HB 343. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A bill to amend the Honesty in Government Act, so as to make certain transactions with certain officials illegal; and for other purposes. HB 360. By Messrs. Busbee of Dougherty and Balkcom of Quitman: A bill to amend Code section 32-903, relating to the qualifications of the members of county boards of education, so as to provide that a county, by local law, may provide that two or more members of the board of education may be selected from the same militia district; and for other purposes. HB 374. By Mr. Dorminy of Ben Hill: A bill to amend Code section 81-212, relating to the method of service for minors shall be the same for insane persons with certain exceptions; and for other purposes. HB 377. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A bill authorizing the Department of Industry and Trade to establish air markers throughout the State; and for other purposes. FRIDAY, FEBRUARY 26, 1965 533 HB 383. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, Blalock of Coweta, Hale of Bade and Brooks of Fulton: A bill to amend an act creating the Legislative Service Committee and the Office of Legislative Counsel, so as to clarify the duties of the Legislative Counsel; and for other purposes. HB 393. By Messrs. Holder of Dodge, Smith of Telfair, Anderson of Pulaski, Moss of Montgomery and others: A bill to amend an act placing the solicitor general of the Oconee Judi cial Circuit on a salary basis, so as to change the compensation of the solicitor-general; and for other purposes. HB 396. By Messrs. Harris and Farrar of DeKalb: A bill to amend an act approved February 25, 1949, providing that the salary of the judges of the Superior Court of the Stone Mountain Cir cuit shall be supplemented by payments to be made from the county treasury of DeKalb County, Georgia; and for other purposes. HB 410. By Mr. McCracken of Jefferson: A bill to abolish the present mode of compensating the sheriff of Jef ferson County; and for other purposes. HB 425. By Mr. Woodward of Butts: A bill to create the office of Commissioner of Roads and Revenues for Butts County; and for other purposes. HB 426. By Mr. Floyd of Chattooga: A bill to amend an act amending the charter of the City of Summerville, so as to close the unopened portion of Second Street between Wood Street and Henderson Street located in the Maxey Subdivision within the corporate limits of the City of Summerville; and for other purposes. HB 427. By Mr. Floyd of Chattooga: A bill to amend an act consolidating the laws chartering the City of Summerville and granting a new charter therefor, so as to change the provisions relating to the giving of notice of proposed ordinances; and for other purposes. HB 428. By Messrs. Duncan, McDaniell and Jordan of Cobb: A bill to amend Code section 92-6208, so as to provide that in certain counties any person failing to return personal property for taxation, 534 JOURNAL OF THE SENATE, the return made the previous year shall be used; and for other pur poses. HB 429. By Messrs. Duncan, McDaniell and Jordan of Cobb: A bill to amend Code section 92-6402 of the Code of Georgia providing for the payment of taxes to the county, so as to provide that a penalty of 10% of the tax due shall accrue on taxes not paid before delinquent; and for other purposes. HB 430. By Messrs. Duncan, McDaniell and Jordan of Cobb: A bill to amend Code section 92-6913, so as to provide that in certain counties where the owner fails to return property for taxation there shall be assessed certain penalties; and for other purposes. HB 431. By Messrs. Duncan, McDaniell and Jordan of Cobb: A bill to amend Code section 92-6206, so as to provide that in certain counties if any person fails to return land for taxation the return made the previous year shall be used; and for other purposes. HB 435. By Messrs. Laite, Dunwody and Jones of Bibb: A bill to amend an act entitled "An act to reenact the charter of the City of Macon", so as to change the corporate limits of said city; and for other purposes. HB 436. By Messrs. Newton and Matthews of Colquitt: A bill to amend the charter for the City of Moultrie, so as to provide that candidates for mayor and councilmen must receive a majority of the votes cast; and for other purposes. HB 443. By Mr. Harrell of Fayette: A bill to amend an act consolidating the offices of tax receiver and tax collector of Fayette County into the office of tax commissioner, so as to change the method of compensating the tax commissioner, known as the fee system; and for other purposes. HB 444. By Mr. Harrell of Fayette: A bill to abolish the present method of compensating the Ordinary of Fayette County, known as the fee system; and for other purposes. FRIDAY, FEBRUARY 26, 1965 535 HB 445. By Mr. Harrell of Fayette: A bill to abolish the present method of compensating the clerk of the Superior Court of Fayette County, known as the fee system; and for other purposes. HB 446. By Mr. Harrell of Fayette: A bill to abolish the present method of compensating the sheriff of Fayette County, known as the fee system; and for other purposes. HB 447. By Mr. Harrell of Fayette: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Fayette County, so as to make a typographical cor rection; and for other purposes. HR 24. By Messrs. Abney of Walker, Hale of Dade, Tucker of Catoosa and others: A resolution authorizing and directing the State Librarian to furnish certain law books for the Lookout Mountain Judicial Circuit; and for other purposes. HR 52. By Messrs. Bolton and Melton of Spalding: A resolution authorizing and directing the State Librarian to furnish certain law books to the Superior Court of Spalding County; and for other purposes. HR 156. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, Brooks of Fulton and Hale of Dade: A resolution creating the Election Laws Study Committee; and for other purposes. HR 159. By Mr. Phillips of Columbia: A resolution authorizing and directing the State Librarian to furnish certain laws books to the clerk of the Superior Court of Columbia County; and for other purposes. HR 160. By Mr. Newton of Jenkins: A resolution authorizing and directing the State Librarian to furnish certain law books to the ordinary of Jenkins County; and for other purposes. 536 JOURNAL OF THE SENATE, Mr. Downing of the 1st 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 126. Do Pass. Respectfully submitted, Downing of 1st District, Chairman. Mr. Smalley of the 28th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. President: Your Committee on Judiciary has had under consideration the following bills of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations: SB 62. Do Pass by Substitute. SB 81. Do Not Pass. SB 82. Do Pass. SB 129. Do Pass. SB 133. Do Pass. HB 44. Do Pass. HB 271. Do Pass. Respectfully submitted, Smalley of 28th District, Chairman. Mr. McGill of the 24th District, Secretary of the Committee on Highways, submitted the following report: Mr. President: Your Committee on Highways has had under consideration the following bill and resolutions of the House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations: HB 282. Do Pass. FRIDAY, FEBRUARY 26, 1965 537 HR 43. Do Pass. HR 125. Do Pass. Respectfully submitted, McGill of 24th District, Secretary. Mr. Moore of the 31st District, Acting Secretary of the Committee on Rules, submitted the following report: Mr. President: Your Committee on Rules has had under consideration the following bill and resolutions of the Senate and House and has instructed me as Acting Secre tary, to report the same back to the Senate with the following recommendations: SR 32. Do Pass. HB 281. Do Pass. HR 56. Do Pass. HR 57. Do Pass. HR 122. Do Pass. HR 133. Do Pass. Respectfully submitted, Moore of 31st District, Acting Secretary. Mr. Fincher of the 51st District, Chairman of the Committee on Health and Welfare, submitted the following report: Mr. President: Your Committee on Health and Welfare has had under consideration the following bills and resolution of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recom mendations : SB 123. Do Pass by Substitute. SR 49. Do Pass. HB 313. Do Pass. Respectfully submitted, Fincher of 51st District, Chairman. 538 JOURNAL OP THE SENATE, Mr. Pennington of the 45th District, Chairman of the Committee on Agricul ture and Natural Resources, submitted the following report: Mr. President: Your Committee on Agriculture and Natural Resources has had under con sideration the following bills of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recom mendations : SB 39. Do Pass by Substitute. HB 73. Do Pass as Amended. Respectfully submitted, Pennington of 45th District, Chairman. Mr. Yancey of the 33rd District, Acting 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 Acting Secretary, to report the same back to the Senate with the following recommendations: SB 141. Do Pass. SB 74. Do Pass. Respectfully submitted, Yancey of 33rd District, Acting Secretary. The following bill of the Senate was taken up for the purpose of consider ing a House amendment thereto: SB 6. By Senators Lee of the 47th and Pennington of the 45th: A bill to amend Code chapter 84-15, relating to the regulation of the practice of veterinary medicine, as amended, so as to completely and exhaustively revise the laws relating to the practice of veterinary medicine; and for other purposes. The House amendment was as follows: Mr. Newton of Colquitt moved to amend SB 6 by striking from the fourth sentence of Code section 84-1504 the words "or more". FRIDAY, FEBRUARY 26, 1965 539 By adding between the fourth and fifth sentences of said Code section the following sentence: "In the event the Governor shall not desire to appoint one of the persons so nominated, the Georgia State Veterinary Associa tion shall nominate three additional qualified persons and forward the nominations to the Governor." Senator Lee of the 47th moved that the Senate agree to the House amend ment to SB 6. On the motion to agree, the ayes were 30, nays 0. The motion prevailed, and the House amendment was agreed to. Senator Downing of the 1st asked unanimous consent that the following bill of the House be withdrawn from the Committee on County and Municipal Gov ernments and recommitted to the Committee on Judiciary. HB 284. By Messrs. Duncan, Jordan and McDaniell of Cobb: A bill to amend an act authorizing the judges of the superior courts in certain counties to appoint jury clerks, so as to change the population requirements in order to have said act apply to certain other counties; and for other purposes. The consent was granted. The following bill of the Senate was taken up for the purpose of considering House amendments thereto: SB 2. 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 and drafts, and money orders as a service or for a fee or other considerations; to provide exemptions from such licensing and regulating; and for other purposes. The House amendments were as follows: The Committee on Banks and Banking offered the following amend ments : 540 JOURNAL OF THE SENATE, Amend SB 2, section 5 (4) by adding the words "within the State of Georgia" immediately following the words "issuing checks" found in the fourth line. Amend SB 2, Section 9, by adding at the end of Section 9 the fol lowing words, beginning after the last word of the paragraph as fol lows: "or other locations at which the superintendent has been noti fied." Amend SB 2, Section 5 (4) (d) by adding an additional paragraph which, as amended, shall read as follows: "Provided, however, that the liability arising hereunder shall be limited with respect to the receipt, handling, transmission and payments of money arising out of the licensee's business of selling or issuing checks in this State." Amend SB 2, Section 5 (4) (e) by striking the words "in the first place" from the twenty-first line of said paragraph, so that the last paragraph of said section beginning with the words "In the event of" shall read as follows: "In the event of the failure or insolvency of such licensee, the securities, any proceeds therefrom, and the funds deposited pur suant to this section, shall be applied to the payment in full of claims arising out of transactions in this State for the sale or issuance of checks." Amend SB 2 by striking from the first sentence of Section 3 the following: "or the agent of a bank" and substituting in lieu thereof: "or an incorporated telegraph company which receives money at any of its offices or agencies for immediate transmission by telegraph". By striking from the first sentence of Section 8, Subsection (a) the word "ten" where it appears after the word "within" and before the word "days" and inserting in lieu thereof the word "thirty". By striking Section 8, Subsection (b) in its entirety and insert ing in lieu thereof a new Subsection (b) to read as follows: "(b) A licensee shall give notice to the Superintendent by registered or certified mail of any increase in the number of locations at which he engages in the business of selling or issuing checks over the number previously reported under Section 5 (a) (4) in either his original or renewal application immediately, and shall show to the Superintendent that the bond or securities re quired under Sections 5 (d) or 5 (e) have been increased accordingly. This notice shall be given quarterly within 30 days after the end of each calendar quarter, and, if not given, such new location will not be considered as included under the licensee's license under this Act. At any time the Superintendent is shown that a licensee has decreased the number of locations at or through which he pro poses to engage in the business, the Superintendent may decrease the bond or security requirements accordingly." FRIDAY, FEBRUARY 26, 1965 541 By adding in the second sentence of Section 9 between the word "may" and the word "for" the following: "within ten days after appli cation". By striking from the first sentence of Section 11 the words "or "wthiitsh"o.ut" as they appear after the word "within" and before the word By adding in Section 18 immediately after Subsection (d) a new subsection to be designated Subsection (e) to read as follows: " (e) Any agent of a licensee, or such agent's employee, who is authorized to sell or issue checks on behalf of a licensee, who shall issue checks directly or indirectly to or for his own benefit, or who shall sell or issue checks without accepting funds therefor, or who shall sell or issue checks and fail to remit to the licensee the proceeds from the sale or issuance of such checks, shall be guilty of a felony in addition to other remedies provided by law, and upon conviction thereof shall be punished by imprisonment for not less than one nor more than five years, but on the recom mendation of the jury trying the case, when such recommenda tion is approved by the judge presiding on the trial, such crime shall be punished as a misdemeanor. If the judge trying the case sees proper, he may, in fixing the punishment reduce such felony to misdemeanor." Senator Gordy of the 15th moved that the Senate agree to the House amend ments to SB 2. On the motion, the ayes were 32, nays 0. The motion prevailed, and the amendments were agreed to. The following bill of the Senate was taken up for the purpose of considering House action thereto: SB 7. By Senators Webb of the llth, Hill of the 29th and Plunkett of the 30th: A bill to create the Georgia State Scholarship Commission; and for other purposes. The Committee of the House on the University System of Georgia offered the following substitute to SB 7: A BILL To be entitled an Act to create the Georgia State Scholarship Commission; to authorize and empower the Commission to activate, 542 JOURNAL OF THE SENATE, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to pursue a program of study in the paramedical field and other professional and educational fields of study as approved by the Commission, with the exception of the program leading to the degree of Doctor of Medicine; to prescribe the terms and conditions for the granting of such scholarships; and with the further exception of the Georgia State Teacher Scholarship Program adminis tered by the State Department of Education; to prescribe the member ship and officers of the Commission; to provide the appointment or election of said members and officers and their terms in office; to pro vide for an Executive Director and prescribe his authority and duties; to provide for the filling of vacancies on the Commission; to provide for meetings of the Commission and establish a quorum requirement for the transaction of business; to prescribe the duties of the Commis sion; to authorize the appointment of subcommittees to assist in the selection of recipients for scholarships; to provide for compensation for the members of the Commission and subcommittees and for the Execu tive Director; to authorize and empower the Commission to formulate proper and necessary rules and regulations to carry out the scholarship program, to determine eligibility for scholarships, to determine the amount of such scholarships, to establish the method of payment of scholarship funds to the recipients, to establish terms and conditions for renewal of scholarships, and to prepare and submit to the Governor and General Assembly an annual report of the activities of the Com mission; to provide for the making of contracts between the Commis sion and the recipients of scholarships to provide for budgetary and appropriation procedures; to provide further the procedures connected with the foregoing; to repeal an Act creating the Georgia State Scholar ship Commission, approved March 18, 1964 (Georgia Laws 1964, p. 699) and to abolish the Commission created thereunder; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 Creation of State Scholarship Commission.--There is hereby cre ated a Commission to be known as the Georgia State Scholarship Com mission, which is authorized and empowered to grant scholarships to qualified students who are bona fide residents of the State of Georgia and who would not otherwise have funds necessary to finance the cost of a program of study in the paramedical field and other professional and education fields of study as approved by the Commission, with the exception of the program leading to the degree of Doctor of Medi cine and with the further exception of the Georgia State Teacher Scholarship Program administered by the State Department of Edu cation. SECTION 2 Terms and Conditions of Scholarships.--The terms and conditions governing the scholarships shall be prescribed and formulated by the State Scholarship Commission, but shall include the condition that each recipient, upon completion of his course of study, shall repay his FRIDAY, FEBRUARY 26, 1965 543 scholarship as follows: (1) by practicing his profession in a community in Georgia in need of personnel in the field in which he was trained, for one year for each year the scholarship is financed; or (2) when ap proved by the Commission, in cash with interest at the rate of four (4%) per cent per annum, said interest to accrue from the date each payment is made. SECTION 3 Members of the Commission.--The State Scholarship Commission hereby created, shall be the members of the Board of Directors of the Georgia Higher Education Assistance Corporation created by an Act of the General Assembly of Georgia with the power, authority and responsibility to govern and administer the program of the State Scholarship Commission, as provided by law. SECTION 4 Terms of members of the Commission.--The terms of office of members of the State Scholarship Commission shall be the same, and run concurrently, with the terms of Directors of the Georgia Higher Education Assistance Corporation, as provided by the Act creating the Corporation. SECTION 5 Officers of the Commission.--The officers of the Commission shall consist of a Chairman, Vice Chairman and Executive Director. The Chairman and Vice Chairman shall be elected by the Commission from its membership. Members of the Commission shall receive as compensa tion for their services a per diem of twenty ($20.00) dollars and ex penses for travel and lodging. The Executive Director of the Commission shall also serve as Treasurer. The Executive Director and Treasurer of the Commission shall be whosoever is serving as the Executive Secretary of the Board of Regents of the University System of Georgia. He shall execute and file with the Commission a surety bond in the sum of twenty-five thou sand ($25,000.00) dollars payable to the State of Georgia and condi tioned upon the faithful performance of his duties. The premium on such bond shall be paid out of funds of the Commission. The Executive Director shall properly account for all funds coming into his hands as Executive Director and Treasurer. He shall keep full, complete and permanent minutes and records of all proceedings and actions of the Commission and subcommittees. He shall be authorized and empowered to operate and carry out the objectives and details of the program. He shall serve without further remuneration. He shall be authorized to employ such professionally qualified personnel as may be necessary to effectuate the purposes of the Commission and of this Act. The Chairman shall be authorized to appoint subcommittees com posed of representatives from each profession represented in the scholar ship program to assist in the selection of recipients for scholarships in that particular profession. Persons appointed to the subcommittees shall 544 JOURNAL OF THE SENATE, not receive any compensation for their services but shall be reimbursed for expenses of travel and lodging. SECTION 6 Vacancies in office.--Vacancies for any cause shall be filled by appointment by the Governor for the remainder of the unexpired term, subject to confirmation by the Senate. All appointments made when the Senate is not in session shall be effective ad interim. SECTION 7 Meetings.--The Commission shall meet at least once in each fiscal year and may meet at such other times as the Chairman may designate by giving at least five (5) days notice. A majority of members shall constitute a quorum for the transaction of business. SECTION 8 Duties of the Commission.--In accordance with the provisions of this Act, the Commission shall formulate all rules and regulations nec essary for the efficient and effective conduct of the scholarship pro gram; prepare and supervise the issuance of public information con cerning the provisions of this Act; prescribe the form and regulate the submission of applications for scholarships; conduct any confer ences and interviews with applicants which may be appropriate or necessary; determine the eligibility of applicants; provide for and conduct, or cause to be conducted, all examinations of applicants; allow or disallow all applications for scholarships, or renewal of scholarships; to contract, increase, decrease, terminate and otherwise regulate all grants for scholarships and their repayment in cash or services; and to manage, operate and control all funds appropriated for this purpose. It shall be the further duty of the Commission to approve the community or site of employment selected by recipients who wish to repay their scholarships in services after the need for such services has been established by a full investigation by the Commission. (a) Eligibility for Scholarship.--An applicant may be eligible for the award of a scholarship when the following conditions are met: (1) that he is a bona fide resident of Georgia; (2) that he is a person of good moral character; (3) that he has successfully completed the program of instruction prerequisite for admission to the program of study provided for in this Act and has been accepted for admission to an educational institution approved by the Commission; (4) that his financial resources are such that, in the absence of scholarship aid, he will be unable to pursue the program of study which he desires; FRIDAY, FEBRUARY 26, 1965 545 (5) that he has superior capacity to profit by the course of study for which he seeks aid. In determining an applicant's superior capacity to profit by the course of study he desires, the Commission shall consider his previous scholastic record; the results of examinations conducted under the pro visions of this Act; and the results of interviews and such other tests or examinations which the Commission may deem advisable. In estab lishing an applicant's financial need, the Commission shall conduct a thorough and complete investigation of the financial resources of the applicant and his family. (b) Amount of Scholarship.--The amount of each scholarship grant shall be made in accordance with the average cost of the program of study at accredited and recognized institutions. (c) Payment of Scholarship Grants.--The method of payment of funds to each recipient of a scholarship grant shall be in accordance with rules formulated by the Commission governing the grants for each type of scholarship. (d) Renewal of Scholarships.--Each scholarship is renewable an nually for the number of years required to complete the course of study in which the recipient is engaged. The Commission shall grant such an annual renewal only upon the recipient's application and upon the Commission's finding that (1) the recipient has completed successfully the work of the preceding year and presents evidence that he is a stu dent in good standing; (2) he remains a resident of Georgia; and (3) his financial situation continues to warrant the award of a scholarship under the standards set forth in this Act. (e) Annual report of the Commission.--The Commission shall make an annual report to the Governor arid General Assembly on the activi ties of the State Scholarship Commission. This report shall include the names of the recipients of the scholarships, the amount of the scholar ship awards, an accounting of the funds expended on scholarships and on the administration of the program and a budget requesting the funds necessary for the operation of the Commission. The report shall also include an accounting of repayments of scholarships, whether by serv ices or in cash of four (4%) per cent interest. SECTION 9 Contracts.--Each applicant, before being granted a scholarship, shall enter into a contract with the State Scholarship Commission agreeing to the terms and conditions upon which the scholarship shall be granted to him which said contract shall include such terms and provisions as will carry out the full purpose and intent of this Act, and the form thereof shall be prepared and approved by the Attorney Gen eral of the State of Georgia and shall be signed by the Chairman of the Commission, countersigned by the Executive Director and shall be signed by the applicant. For the purpose of this Act, the disabilities of minority age of all applicants granted scholarship hereuner shall be and the same are hereby removed and the said applicants are de- 546 JOURNAL OP THE SENATE, clared to be of lawful age for the purpose of entering into the con tract hereinabove provided for, and such contract so executed by any applicant is hereby declared to be a valid and binding contract as though the said applicant were at least twenty-one (21) years of age. The Commission is hereby vested with full and complete authority and power to sue in its own name any applicant for any balance due the Commission on any contract. The Commission shall have authority to cancel any contract made between it and any recipient of a scholarship upon cause deemed suf ficient by the Commission. SECTION 10 (a) For budgetary and appropriation purposes the Commission shall specify the various classifications of purposes for which scholar ships under this Act may be awarded, request a specific appropriation for each such classification and it is contemplated that the appropria tion to the Commission shall be in an amount for each such classifica tion. (b) Payment of funds to Commission.--All payments of funds ap propriated for scholarships hereunder shall be made by requisition of the Commission signed by the Executive Director directed to the State Budget Officer who shall thereupon issue a warrant on the Treasury of the State of Georgia for the amount fixed in the requistion and payable to the Executive Director as designated thereon, which said warrant upon presentation shall be paid by the Treasurer of the State of Georgia out of any funds appropriated by the General Assembly for the purposes provided for in this Act. (c) Deposit and Expenditure of funds by the Commission.--All funds made available to the Commission by Act of the General As sembly for the payment of scholarships to recipients, and for the pur pose of defraying expenses of the Commission and the salaries of the Executive Director and employees shall be paid over and received by the Treasurer of the Commission and by him deposited in some solvent bank within the State of Georgia, selected by the Commission, and such funds may be drawn and expended by check or warrant signed by the Chairman and attested by the Executive Director. SECTION 11 Effective date.--This Act shall become effective on July 1, 1965. Provided, however, the Governor shall appoint the Commission created by this Act on or before July 1, 1965. SECTION 12 Repealer.--The Act creating the Georgia State Scholarship Com mission, approved March 18, 1964 (Ga. L. 1964, p. 699), is hereby re pealed in its entirety and the Commission created thereunder is hereby abolished. All laws and parts of laws in conflict with this Act are hereby repealed. FRIDAY, FEBRUARY'26, 1965 547 Senator Webb of the llth moved that the Senate disagree to the House substitute to SB 7. On the motion, the ayes were 29, nays 1, and the substitute was disagreed to. The following bill of the Senate was taken up for the purpose of consider ing a House substitute thereto: SB 8. By Senators Webb of the llth, Plunkett of the 30th and Hill of the 29th: A bill to create the Georgia Higher Educational Assistance Corpora tion; and for other purposes. The Committee of the House on the University System of Georgia offered the following substitute: A BILL To be entitled an Act to create the Georgia Higher Education As sistance Corporation; to provide for purposes; to provide for defini tions; to provide for a Board of Directors; to provide for powers and duties; to provide for loans and interest thereon; to provide for repay ment of loans; to provide for loan applications; to provide for contribu tions and deduction from taxes thereof; to provide for tax exemptions; to provide for examination and reports; to provide for dissolution; to provide for other matters relative to the foregoing; to provide an ef fective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 There is hereby created a non-profit corporation which shall be known as the Georgia Higher Educational Assistance Corporation. SECTION 2 The purposes of such Corporation shall be to improve the higher educational opportunities of persons who are residents of this State and who are attending or plan to attend colleges in this State or else where by guaranteeing a loan of funds to such persons to assist them in meeting their expenses of higher education all in accordance with the provisions of this Act and pursuant to the Constitution of this State. SECTION 3 As used in this Act the following terms shall have the following meanings: 548 JOURNAL OF THE SENATE, 1. "Corporation" shall mean the Georgia Higher Education Assist ance Corporation. 2. "Board" shall mean the Board of Directors of the Georgia Higher Education Assistance Corporation. 3. "College" shall mean any institution of higher education either within or without the State of Georgia, recognized and approved as such by the Board of Regents of the University System, which provides a course of study leading to the granting of a post-secondary degree or diploma. SECTION 4 "(a) The Corporation shall be governed, and all its corporate powers exercised, by a Board of Directors which shall consist of fifteen members as follows: The Chairman of the Board of Regents; the Chan cellor of the University System of Georgia, the State Auditor, the State Budget Officer, and eleven members to be appointed by the Governor from the State-at-large, and to be confirmed by the Senate. Initially, the Governor shall appoint five members to serve for terms of four years and six members to serve for terms of seven years. Thereafter, all members shall be appointed for seven year terms. All members shall serve until their successors are appointed and qualified. All appointive members shall be at least thirty years of age, citizens of the United States, and residents of Georgia for at least two years. All such members shall take office immediately after their appointment, and their suc cessors shall be appointed at least thirty days prior to the time they are to take office. Members shall be eligible to succeed themselves. In the event of a vacancy of the Board, the Governor shall appoint a per son to serve the unexpired term, subject to confirmation by the Senate. All appointments made when the Senate is is not in session shall be effective ad interim. Appointive members of the Board shall receive as compensation for their services a per diem of twenty ($20.00) dol lars and expenses for travel and lodging. Members of the Board who are State employees shall receive no compensation for their services, but shall be reimbursed for expenses incurred by them in the perform ance of their duties under this Act as hereinafter provided." "(b) The officers of the Board of Directors of the Corporation shall consist of a Chairman, Vice Chairman and Executive Director. The Board shall elect from its own members a Chairman and Vice Chairman who shall serve for terms of one year and who shall be eligible for reelection for successive terms. The Executive Director of the Corporation shall also serve as Treasurer. The Executive Director and Treasurer of the Corporation shall be whosoever is serving as the Executive Secretary of the Board of Regents of the University System of Georgia. He shall execute and file with the Corporation a surety bond in the sum of twenty-five thousand ($25,000.00) dollars payable to the State of Georgia and con ditioned upon the faithful performance of his duties. The premium on such bond shall be paid out of funds of the Corporation. The Executive Director shall properly account for all funds coming into his hands as Executive Director and Treasurer. He shall keep full and permanent FRIDAY, FEBRUARY 26, 1965 549 minutes and records of all proceedings and actions of the Board of Directors. He shall be authorized and empowered to operate and carry out the objectives and details of the loan program. He shall serve with out further remuneration. He shall be authorized to employ with the approval of the Board such qualified personnel as may be necessary to effectuate the purposes of the Corporation and of this Act. " (c) The Board shall provide for the holding of regular and special meetings. A majority of the directors shall constitute a quorum for the transaction of any business and, unless a greater number is required by the by-laws of the Corporation, the act of the majority of the direc tors present at any meeting shall be deemed the act of the Board. "(d) The Board shall adopt by-laws for the Corporation and shall approve the appointment of such officers and employees as it deems advisable and may fix their compensation and prescribe their duties. "(e) The Board may elect an Executive Committee of not less than five members who in intervals between meetings of the Board may transact such business of the Corporation as the Board may, from time to time, authorize. Unless otherwise provided by the by-laws of the Corporation a majority of the whole of such committee attending shall constitute a quorum for the transaction of any business and the act of a majority of the members of the Executive Committee present at any meeting thereof shall be the act of such committee. Provided further any state employees serving on this Corporation shall receive no compensation but shall receive reimburesments for actual expenses expended." SECTION 5 The Board shall have the following powers: (1) To guarantee the loan of money upon such terms and condi tions as the Board may prescribe within the limits contained in this Act to persons who are residents of this State and who are attending or plan to attend colleges in this State or elsewhere to assist them in meeting their expenses of higher education. Provided, however, that no loan to any such person shall be guaranteed in excess of the following amounts: $900.00 for the freshman year; $1,000.00 for the sophomore year; $1,200.00 for the junior year; $1,200.00 for the senior year; $1,500.00 for each graduate year; and a total of not to exceed $7,500.00. Students who are attending or plan to attend college on a part-time basis shall be eligible for guaranteed loans hereunder. The Board shall 550 JOURNAL OP THE SENATE, establish minimum qualifications for a person to be termed a part-time student for the purposes hereof. The Board shall have the power to procure a policy or policies of group life insurance to insure the repay ment of loans guaranteed by the Corporation in the event of a death of an individual for whom a loan is guaranteed hereunder. (2) To take, hold and administer, on behalf of the Corporation and for any of its purposes, real property, personal property and monies, or any interest therein and the income therefrom, either absolutely or in trust, for any purposes of the Corporation. The Board may acquire property or monies for such purpose by purchase or lease and by the acceptance of gifts, grants, bequests, devises or loans. Provided, how ever, no obligation of the Corporation shall be a debt of the State and the Corporation shall have no power to make its debts payable out of any monies except those of the Corporation. (3) To enter into contracts with the colleges upon such terms as may be agreed upon between the Corporation and any such college so as to provide for the administration by such college of any loan guaran teed by the Corporation, including applications therefor and repayment -^. thereof. (4) To sue and be sued in the name of the Corporation. (5) To adopt rules and regulations not inconsistent with law gov erning the application for and administration and repayment of loans guaranteed by the Corporation. (6) To perform such other acts as may be necessary or appropriate to carry out effectively the objectives and purposes of the Corporation as provided in this Act. Any group life insurance policies issued hereunder shall be issued on competitive bids under rules and regulations established by the Corporation. Provided the cost of insurance premiums incurred shall be a part of the principal of the loan of the individual insured. SECTION 6 The loans provided herein may be made by commercial banks, sav ings banks, savings and loans associations, life insurance companies, credit unions, and retirement and pension systems. SECTION 7 No loan guaranteed by the Corporation shall bear interest at a rate in excess of six percent per annum, nor shall the Corporation guar antee any loan which bears interest at a rate higher than the then prevailing rate of interest up to a maximum of six percent per annum which the lender charges to other persons for similar type loans which are not guaranteed by the Corporation. All of the interest payable on loans guaranteed by the Corporation shall be paid, on behalf of and for the account of the borrower, by the Corporation during the period dur- FRIDAY, FEBRUARY 26, 19C5 551 ing which the borrower is regularly pursuing the college program for which such loan was made but not to exceed six 5'ears from the date such loan was originally made. Upon the borrower's completion of such college program, or upon the earlier termination thereof prior to com pletion, or upon the expiration of such six year period, whichever oc curs first, such interest thereafter occurring on such loan, up to a maximum of three percent per annum thereof, shall be paid by the borrower directly, and any such interest in excess of said three percent per annum thereof shall be paid by the Corporation on behalf of and for the account of the borrower. SECTION 8 The terms and conditions of any loan guaranteed by the Corpora tion shall not require the borrower to begin the repayment of his loan and any interest which he may be obliged to pay thereon, earlier than one year following his completion or other termination of the college program for which such loan was made, or three months after he be comes regularly employed, or self-employed, following such completion or other termination of his college program, or upon the expiration of seven years from the date such loan was originally made, whichever occurs first. Such borrower shall not be required to repay in full any such loan or any interest thereon earlier than within four years follow ing his completion or other termination of his college program where the principal amount of the loan does not exceed the sum of $1,200.00, or six years where such principal amount of $1,200.00 or more but less than $3,000.00 or eight years where such principal amount is $3,000.00 or more but less than $5,000.00, or twelve years where such principal amount is $5,000.00, or more. The time for repayment may be deferred for the length of time spent in service with the armed forces, not to exceed, however, two years. SECTION 9 Any person otherwise qualifying for a loan guaranteed by the Corporation shall not be disqualified by reason of being under the age of twenty-one years and for the purpose of applying for, receiving and repaying such a loan any such person shall be deemed to have full legal capacity to act and shall have all the rights, powers, privileges and obli gations of a person of full age with respect thereto. SECTION 10 All contributions made to the Corporation shall be deductible for State income tax purposes. SECTION 11 The property, income, obligations and activities of the Corporation shall be exempt from all State taxation of any type and from all munici pal, county or other political subdivision taxation of any type. 552 JOURNAL OF THE SENATE, SECTION 12. The Corporation shall be subject to examination of the Superin tendent of Banks, but shall not be deemed to be a banking organization nor required to pay a fee for any such examination. The Corporation shall make an annual report of its condition to the Governor and to the members of the General Assembly on or before September First of each year. SECTION 13 The Corporation and its corporate existence shall continue until termination by law upon a finding by the General Assembly that there no longer exists any need for such corporation; provided, however, that no such law shall take effect so long as the Corporation shall have obligations outstanding. Upon the dissolution of the Corporation, all the property and monies of such Corporation shall become the property and monies of the State. SECTION 14 This Act shall become effective July 1, 1965. Provided, however, the Governor shall appoint the Board of Directors created by this Act on or before July 1, 1965. SECTION 15 The Act creating the Georgia Higher Education Assistance Cor poration, approved March 25, 1964 (Ga. L. 1964, p. 735), is hereby repealed in its entirety and the Board of Directors created thereunder is hereby abolished. SECTION 16 All laws and parts of laws in conflict with this Act are hereby repealed. Senator Webb of the llth moved that the Senate disagree to the House substitute to SB 8. On the motion, the ayes were 28, nays 0, and the substitute was disagreed to. The following local, uncontested bills, favorably reported by the committees, were read the third time, and put upon their passage: FRIDAY, FEBRUARY 26, 1965 553 SB 126. By Senators Holley of the 22nd and Padgett of the 23rd: A bill to amend an act entitled "An act to abolish justice courts and peace and notary public ex offieio justice of the peace and the office of constable in the City of Augusta, Georgia"; so as to revise all the laws relating to Municipal Court of Augusta, Georgia; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Padgett of the 23rd asked unanimous consent that SB 126 be im mediately transmitted to the House. The consent was granted. HB 437. By Messrs. Milhollin and Williams of Coffee: A bill to amend an act creating the office of Commissioner of Roads and Revenues in Coffee County, so as to provide for a change in the compensation for the chairman; and for other purposes. The report of the committee, which was favorable to the paassage 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 438. By Messrs. Milhollin and Williams of Coffee: A bill to amend an act establishing the City Court of Douglas, so as to change the compensation of the judge of the City Court and the solicitor; and for other purposes. 554 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 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 439. By Messrs. Milhollin and Williams of Coffee: A bill to abolish the present mode of compensating the clerk of the Superior Court, the sheriff, the ordinary and the tax commissioner of Coffee 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 33, 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 275. By Messrs. Ware of Troup, Houston of Pierce and Ballard of Newton: A bill to provide that it shall be unlawful for any person, firm, or cor poration engaged in the business of selling any type of merchandise in the State of Georgia to promise a consideration, either in cash or otherwise, to a buyer of such merchandise for providing the names or other information relative to other prospective purchasers of such mer chandise, unless the promise of such consideration is contained in the contract of sale between the seller and the buyer; 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. FRIDAY, FEBRUARY 26, 1965 555 HR 125. By Mr. Milhollin of Coffee: A resolution designating the George W. Pridgen Roadside 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. SB 39. By Senator Miller of the 34th: A bill to prohibit the hunting and taking of owls; to provide a penalty for the violation of this act; to repeal conflicting laws; and for other purposes. The Committee on Agriculture and Natural Resources offered the following substitute: A BILL To be entitled an Act to prohibit the hunting and taking of owls; to provide a penalty for the violation of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Unless an owl shall actually be engaged in the destruc tion of a person's property, it shall be unlawful for any person to hunt, shoot, kill, trap, net or destroy owls. Section 2. Any person violating the provisions of this Act shall be guilty om a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor. 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 29, nays 0, and the substi tute was adopted. 556 JOURNAL OP THE SENATE, The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, the ayes were 30, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. SB 55. By Senator Johnson of the 42nd: A bill to amend Code chapter 13-20, relating to the regulation of the business of banking, so as to authorize State banks, and trust companies to issue capital notes and debentures; to exempt the aggregate amount of the capital notes and debentures issued and sold by a bank or trust company from certain limitations; and for other purposes. The Committee on Banking and Finance offered the following amendment: Amend Code Section 13-2025.1 as set forth in Section 1 of Senate Bill 55 by striking subsection (e) thereof and inserting a new subsec tion (e) as follows: "(e) No such capital notes or debentures may be retired or paid by the bank or trust company if at the time of retirement or payment or immediately after there be an existing deficiency of the bank's capital stock, as determined by the Superintendent of Banks." 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. SB 62. By Senator Smalley of the 28th: A bill to authorize the governing authority of any county or munici pality in this State to order the destruction of records with the concur- FRIDAY, FEBRUARY 26, 1965 557 rence of the Secretary of State and the Director of the Department of Archives and History; to provide the procedure connected therewith; and for other purposes. The Committee on Judiciary offered the following substitute: A BILL To authorize the governing authority of any county or municipality in this State to order the destruction of records, with the approval of the Secretary of State and the Director of the Department of Archives and History; to provide for the approval of the Judge of the Superior Court in certain instances; to provide for microfilming of records in certain instances; to provide for the transfer of County and City records to the Secretary of State or the Director of the Department of Archives and History; to provide for certain photostatic copies to be used as evidence; to provide the procedure connected therewith; to re peal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The governing authority of any county or any munici pality of this State is hereby authorized to destroy records of any department of the county or municipality, provided said governing body shall : (i) Pass an appropriate resolution which enumerates and identifies the records sought to be destroyed, certifies that said records are at least seven (7) years old, are expensive to keep, are obsolete and serve no useful purpose. (ii) Transmit, by registered or certified mail, certified copies of said resolution to the Secretary of State and the Director of the Department of Archives and History. (iii) Receive from the Secretary of State and the Director of the Department of Archives and History written permission to destroy said records. (iv) Upon receipt of permission as outlined above, appoint by appropriate resolution a competent person to oversee the com plete and total destruction of said records and direct said appointed person to report in writing to the governing authority upon com pletion of his task. Section 2. The Secretary of State, the Director of Archives and History, either or both, may refuse to give permission for the destruc tion of records and may in their discretion order the records pre served, stored and kept safe by the local governing body in their present 558 JOURNAL OP THE SENATE, state, order the local governing body to microfilm the records before destruction in such a way as to make said microfilm capable of de velopment into photostatic copies or order the records physically trans mitted to their respective offices for storage and safe keeping. Section 3. No court records nor any records bearing upon or tend ing in any way to establish the title to or affecting the boundaries of real estate shall be destroyed without the written consent of the Senior Judge of the Judicial Circuit wherein is located the municipality or county seeking to destroy said records. Section 4. Photostatic copies of microfilmed records destroyed un der Section 2 hereof shall be received as originals in any court of this State as primary evidence of the recitals contained therein. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. On the adoption of the substitute, the ayes were 29, nays 0, and the 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 34, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following bill of the Senate was taken up for the purpose of consider ing a House substitute thereto: SB 13. By Senator Plunkett of the 30th: A bill to amend Code section 34-1406, relating to the procedure for voting absentee ballots in primaries and elections; and for other pur poses. The House Committee on Special Judiciary offered the following substitute: A BILL To be entitled an Act to amend Section 34-1406 of the Georgia Elec tion Code, relating to the procedure for voting absentee ballots in pri- FRIDAY, FEBRUARY 26, 1965 559 maries and elections, so as to provide that an elector possessing an absentee ballot for the purpose of voting, may appear before a post master of the United States or his assistant while within the confines of a post office; to provide that an elector possessing an absentee bal lot, who is the spouse or dependent of a member in the active armed service of the United States, for the purpose of voting, may appear be fore any commissioned officer of such service; to provide that an elector possessing an absentee ballot for the purpose of voting, may appear be fore the registrar or any authorized deputy registrar of any college or university; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION I Subsection (a) of Section 34-1406 of the Georgia Election Code (Ga. Laws, 1964, Extra. Sess., p. 26, et seq.) relating to the procedure for voting absentee ballots in primaries and elections, is hereby amended by striking the first sentence of such Subsection (a) in its entirety and inserting in lieu thereof a new sentence to read as follows: At any time after receiving an official absentee ballot, but be fore the day of the primary or election, the elector, for the purpose of voting, may appear before: (i) a postmaster of the United States or his assistant while within the confines of a post office; (ii) any commissioned officer of the active armed service of the United States if the elector is a member of such service or if the elector is the spouse or dependent of a member of such service; (iii) any consul of the United States or his assistant; (iv) a regis trar or deputy registrar of the county of the elector's residence; or (v) the registrar or any authorized deputy registrar of any college or university. SECTION 2 All laws and parts of laws in conflict with this Act are hereby repealed. Senator Plunkett of the 30th moved that the Senate agree to the House substitute to SB 13. On the motion, the ayes were 28, nays 0, and the substitute was agreed to. Senator Holloway of the 12th moved that the following resolution of the House be recommitted to the Committee on Highways: 660 JOURNAL OF THE SENATE, HR 43. By Messrs. Harris and Smith of Glynn: A resolution to designate the "Joseph B. Mercer Bridge"; and for other purposes. On the motion, the ayes were 28, nays 0. The motion prevailed, and HR 43 was recommitted to the Committee on Highways. The following bill of the House was taken up for the purpose of considering the report of a Committee of Conference thereto: HB 25. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A bill to make and provide appropriations for the fiscal year beginning July 1, 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967; to make and provide such appropriations for the operation of the State Government, its depart ments, boards, bureaus, commissions, institutions and other agencies for the University System common schools, counties, municipalities, political subdivisions, and for all other governmental activities author ized by law; and for other purposes. The report of the Committee of Conference was as follows: CONFERENCE COMMITTEE REPORT ON HOUSE BILL 25 The Conference Committee on H. B. 25 (General Appropriations Bill) has met and submits the following: The bill used as a basis for the Committee's consideration and as a basis for this Report is the bill as it passed the House of Representa tives. Consequently, only Senate changes to said bill and changes recom mended by the Conference Committee itself are referred to hereinafter. Except for the Senate changes which the Conference Committee recom mends be adopted and the Conference Committee changes which are recommended, the Conference Committee recommends the adoption of the bill as it passed the House of Representatives. The Committee recommends that: (1) The House agree to Senate Amendment to Section 2. (2) The House agree to Senate Amendment to Section 3. (3) The House agree to Senate Amendment to Section 4. (4) The House agree to Senate Amendment to Section 6. FRIDAY, FEBRUARY 26, 1965 561 (5) The House agree to Senate Amendment to Section 7. (6) The House and Senate both recede from their positions on Section 8 and accept the following: "Section 8. Art Commission, Georgia. 1966-66------____-__----------------_._._------___$ 1966-67--_____--..__._..----_-__________--------------________$ 27,500.00 27,500.00" (7) The House agree to Senate Amendment to Section 13 (B). (8) The House agree to Senate Amendment to Section 16 D (9) The House agree to Senate Amendment to Section 16 F. (10) The House agree to Senate Amendment to Section 17 (A), but in order to correct a typographical error, it is recommended that the Senate and House both recede from their positions and that the follow ing be adopted: "(A) For the administrative expenses of the State Board of Corrections, including the cost of operation of the State Prison System. 1965-66__________.--__-----.---------_____--.----________-$ 4,750,000.00 1966-67______.___.--__----------__-______.___--------___,,$ 4,892,000.00 "Provided, that no funds appropriated in this Section or other wise available, shall be used to pay a salary in excess of the Direc tor's salary, except salaries for physicians." (11) The House agree to Senate Amendment to Section 18 (A). (12) The House agree to Senate Amendment to Section 18 (B). (13) The Senate recede from its position on its amendment to Section 19 (A) and the Conference Committee recommends that the language in the House bill be accepted with the following proviso added at the end thereof: "Provided, that of the above amount, not more than $100,000.00 shall be expended in the year 1966-67 for the purpose of repairing and restoring the Executive Mansion at Milledgeville." (14) The House agree to Senate Amendment to Section 21. (15) The House and Senate both recede from their position on the last paragraph of Section 25 (E) and the Conference Committee recom mends the following language for such paragraph: 662 JOURNAL OF THE SENATE, "Provided further, that a member of the governing authority of the county, designated by such authority, shall execute an affi davit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Director of the Highway Department. At the request of the Governor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause an audit to be made of any county to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such county in any future year." (16) That the House and Senate both recede from their positions on the last paragraph of Section 25 (F) and the Conference Committee recommends the following language for such paragraph: "Provided further, that a member of the governing authority of the municipality, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Director of the Highway Department. At the request of the Governor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year." (17) The Senate recede from its position on Section 26. (18) The House agree to Senate Amendment to Section 28 (B). (19) The House agree to Senate Amendment to Section 34. (20) The House agree to Senate Amendment to Section 36 (G). (21) The House agree to Senate Amendment to Section 36 (K). (22) The House agree to Senate Amendment to Section 39 (C). (23) The House agree to Senate Amendment to Section 41. (24) The House agree to Senate Amendment to Section 44. (25) The Senate and the House both recede from their positions on Section 52 and that the following sentence be added to the end of Section 52 of the bill as passed by the House: "Provided that none of the funds appropriated above may be used to initiate or commence any new program or project that would require operating funds or capital outlay funds beyond the 1965 to 1967 biennium, unless such program or project shall have been approved by the Budget Director, who shall report the same to the next regular session of the General Assembly." FRIDAY, FEBRUARY 26, 1965 563 (26) The House and the Senate recede from their positions on the Total Appropriations at the end of Section 53 and the following totals be inserted in lieu of the present totals: "TOTAL APPROPRIATION 1965-66___-_-_-___.____$586,980,944.90 "TOTAL APPROPRIATION 1966-67._.-_-___-____$630,958,943.90" Respectfully submitted: FOR THE SENATE Julian Webb Hugh M. Gillis Lamar R. Plunkett FOR THE HOUSE D. B. Blalock C. R. Vaughn, Jr. Arthur K. Bolton (Note: Senate amendments referred to in this Conference Committee report are actually committee amendments used to perfect the Senate substitute, and do not appear in this Journal except in the substitute.) On the adoption of the report of the Committee of Conference, the president ordered the call of the roll, and the vote was as follows: Those voting in the affirmative were Senators: Adams Bateman Broun Carter Coggin Downing Eldridge Fincher of 51st Fincher of 54th Gayner Gordy Hill Holley Holloway Johnson of 42nd Kendrick Kilpatrick Lee Maclntyre Miller Moore McGill McKenzie Noble Owens Padgett Plunkett Sanders Searcey Smalley Smith Thompson Ward Webb Wesberry Yancey By unanimous consent, verification of the roll call was dispensed with. On the adoption of the report of the Committee of Conference, the ayes were 36, nays 0, and the report was adopted. 564 JOURNAL OF THE SENATE, SB 129. By Senator Yancey of the 33rd: A bill to amend an act entitled "Uniform Act Regulating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), so as to provide that a vehicle proceeding in a line of traffic shall yield the right-of-way to a vehicle legally using the street or highway immediately ahead; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, Senator Holloway of the 12th called for the ayes and nays, and the call was sustained. A roll call was ordered, and the vote was as follows: Those voting in the affirmative were Senators: Adams Bateman Carter Coggin Eldridge Fincher of 51st Fincher of 54th Gayner Gordy Hill Holley Holloway Johnson of 38th Kendrick Kilpatrick Lee Moore McGill McKenzie Noble Owens Plunkett Searcey Smith Thompson Tribble Ward Webb Wesberry Yancey Those voting in the negative were Senators: Maclntyre Miller Smalley By unanimous consent, verification of the roll call was dispensed with. On the passage of the bill, the ayes were 30, nays 3. 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, to-wit: FRIDAY, FEBRUARY 26, 1965 565 HB 25. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty and Brooks of Fulton: A bill to make and provide appropriations for the fiscal year beginning July 1, 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967; to make and provide such appropriations for the operation of the State Government, its depart ments, boards, bureaus, commissions, institutions and other agencies, and for the University System, common schools, counties, municipalities, political subdivisions, and for all other governmental activities, projects and undertakings authorized by law; and for other purposes. Senator Gordy of the 15th, 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 of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the House of Representatives: SB 7. SB 8. SB 33. SB 60. SB 63. SB 87. SB 99. SB 100. SB 107. SB 113. SB 114. SB 115. SB 116. SB 120. SB 121. SB 124. SB 126. Respectfully submitted, Gordy of the 15th District, Chairman. 566 JOURNAL OF THE SENATE, Senator Gordy of the 15th, Chairman of the Committee on Administrative Affairs, submitted the following report: Mr. President: Your Committee on Senate Administrative Affairs, has read and examined the following bill of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor: SB 20. Respectfully submitted, Gordy of the 15th District, Chairman. Senator Webb of the llth moved that the Senate do now adjourn until Monday morning, and the motion prevailed. The president announced the Senate adjournment until 10:00 o'clock Mon day morning. MONDAY, MARCH 1, 1965 567 Senate Chamber, Atlanta, Georgia, Monday, March 1, 1965. The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president. Scripture reading and prayer was offered by the Reverend Douglas Winn, pastor, St. George's Protestant Episcopal Church, Griffin, Georgia. The roll was called, and the following senators answered to their names: Adams Ballew Bateman Broun Coggin Dean Downing Edenfield Eldridge Fincher of 54th Flowers Foster Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Maclntyre Miller Minish Moore McGill McKenzie Noble Padgett Pennington Plunkett Salome Sanders Searcey Smalley Smith Thompson Tribble Ward Webb Wesberry Yancey Young Senator Gordy of the 15th reported that the journal of Friday's proceedings had been examined and found correct. By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed. Senator Webb of the llth 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. 568 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 bill and resolutions of the House to-wit: HB 448. By Messrs. McDaniell, Duncan and Jordan of Cobb: A bill to amend an act creating a new charter for the City of Smyrna; and for other purposes. HB 479. By Messrs. Mitchell of Whitfield and Leonard of Murray: A bill creating a new Judicial Circuit for the State of Georgia to be known as the Conasauga Judicial Circuit, so as to change the terms of said Judicial Circuit; and for other purposes. HB 484. By Mr. Moses of Montgomery: A bill to amend an act to establish a new charter for the town of Higgston, in the County of Montgomery, so as to change the provisions relating to the calling of elections when regular elections have not been held; and for other purposes. HB 487. By Messrs. Duncan, McDaniell and Jordan of Cobb: A bill to amend an act incorporating the City of Powder Springs, as amended, so as to change the corporate limits; to change the method of filling vacancies in the office of councilman; and for other purposes. HB 489. By Messrs. Blalock and Potts of Coweta: A bill to amend an act changing the compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta from the fee system to the salary system, as amended, so as to change the salary allowance of the sheriff's deputies and jailers; and for other purposes. HB 493. By Mr. McKemie of Clay: A bill to abolish the present mode of compensating the sheriff of Clay County, known as the fee system; to provide in lieu thereof an annual salary; to provide an effective date; and for other purposes. MONDAY, MARCH 1, 1965 569 HB 499. By Messrs. Duncan, McDaniell and Jordan of Cobb: A bill to amend an act providing a new charter for the City of Marietta, Georgia, as amended, so as to change the corporate limits of said city; to provide for the salary of the city councilmen; and for other purposes. HR 25. By Mr. Bowen of Dooly: A resolution to compensate Mrs. Merle C. Chancy; and for other pur poses. HR 29. By Mr. Coker of Turner: A resolution to compensate Mr. C. Boston Wynn; and for other pur poses. HR 32. By Mr. Brown of Hart: A resolution to compensate Mrs. Mack Suit; and for other purposes. HR 69. By Mr. Caldwell of Upson: A resolution compensating H. F. McCorkle; and for other purposes. HR 86. By Mr. Matthews of Clarke: A resolution to compensate Mr. and Mrs. Albert Evans; and for other purposes. HB 130. By Mr. Bolton of Spalding: A bill to amend Code section 24-2805, relating to the bonds which must be given by sheriffs, so as to provide that the designated amount may be increased by local Act; to repeal conflicting laws; and for other purposes. HB 131. By Mr. Bolton of Spalding: A bill to amend Code section 24-2713, relating to the bond which must be executed by the clerks of the superior courts, as amended, so as to increase the amount of said bond; and for other purposes. HB 132. By Mr. Bolton of Spalding: A bill to amend Code section 24-1704, relating to the bond which must be given by ordinaries for the faithful discharge of their duties as clerks of the ordinaries; and for other purposes. 570 JOURNAL OP THE SENATE, HB 289. By Mr. Blalock of Coweta: A bill to provide for the closing, barricading and marking of any street, road, highway or bridge or any part of them which is being constructed or repaired; and for other purposes. HB 413. By Messrs. Griffis of Cook and Colwell of Union: A bill to amend an act entitled "An Act to authorize the State High way Board to construct and maintain airports, landing fields, and other air navigation facilities, and to use the right of eminent domain in connection therewith; and for other purposes. HB 463. By Mr. Wells of Oconee: A bill to amend an act amending and revising laws now set forth in Chapter 74-4 of the Code of 1933, as amended, so as to remove the provisions relating to interlocutory hearings; and for other purposes. HB 488. By Messrs. Newton of Colquitt, Lowrey of Floyd and Milhollin of Coffee: A bill to amend an act known as the "Cooperative Marketing Act" of 1921, so as to provide for the election of officers from and by others than Directors; and for other purposes. The House has adopted the following resolution of the House to-wit: HR 141. By Messrs. Melton of Spalding, Acree of Towns and Bolton of Spalding: A resolution creating an Interim Committee to study the problems, laws and procedures relating to sex crimes and sex offenders; and for other purposes. The House has agreed to the Senate amendment to the following bill of the House to-wit: HB 302. By Mr. Phillips of Columbia: A bill to fix, allow and provide for the compensation of the Clerk of the Superior Court, the Sheriff and the Tax Commissioners of Columbia County; and for other purposes. The House has agreed to the Senate Substitute to the following bill of the House: MONDAY, MARCH 1, 1965 571 HB 303. By Mr. Phillips of Columbia: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Columbia, as amended, so as to change the compensation of the chairman and executive officer of said board; and for other purposes. The following bills and resolutions were introduced, read the first time, and referred to committees: SB 156. By Senator Smalley of the 28th: A bill to provide for reciprocity between the State of Georgia and other states with respect to transfer, death, estate and inheritance taxes upon intangible personal property of nonresidents; and for other purposes. Referred to Committee on Judiciary. SB 157. By Senators Sanders of the 41st, Johnson of the 42nd, and Miller of the 43rd: A bill to provide for one additional judge of the Superior Courts of the Stone Mountain Judicial Circuit, so as to increase the number of judges in said Circuit to four; and for other purposes. Referred to Committee on Judiciary. SB 158. By Senator Johnson of the 42nd: A bill to amend the Banking Law of Georgia, so as to provide that all banks, both incorporated and unincorporated and including private banks and persons doing a banking business in this State shall be required to maintain deposit security for the benefit of their depositors; and for other purposes. Referred to Committee on Banking and Finance. SB 159. By Senators Webb of the llth and Jackson of the 16th: A bill to amend an act creating the Georgia Historical Commission, so as to change the provisions relating to the compensation of the Secre tary of the Board of Commissioners of the Georgia Historical Commis sion; to repeal conflicting laws; and for other purposes. Referred to Committee on Rules. SB 160. By Senator Webb of the llth: A bill to amend Code section 6-1702, relative to costs in cases carried to the Supreme Court and to the Court of Appeals, so as to change the amount thereof; to repeal conflicting laws; and for other purposes. Referred to Committee on Judiciary. 572 JOURNAL OF THE SENATE, SB 161. By Senator Webb of the llth: A bill to amend an act entitled "An Act to amend an Act relating to the salaries of Justices of the Supreme Court and Judges of the Court of Appeals and their officers and employees", so as to remove the provisions relative to the amount to be received by Chief Justices Emeritus and Associate Justices Emeritus of the Supreme Court and Judges Emeritus of the Court of Appeals; and for other purposes. Referred to Committee on Judiciary. SB 162. By Senator Webb of the llth, Carter of the 14th, Plunkett of the 30th, and Broun of the 46th: A bill to amend an act creating the Georgia Educational Improvement Council, so as to provide for additional members; to provide for the appointment of such members; to provide the procedure connected therewith; and for other purposes. Referred to Committee on Educational Matters. HB 130. By Mr. Bolton of Spalding: A bill to amend Code section 24-2805, relating to the bonds which must be given by sheriffs, so as to provide that the designated amount may be increased by local act; and for other purposes. Referred to Committee on Judiciary. HB 131. By Mr. Bolton of Spalding: A bill to amend Code section 24-2713, relating to the bond which must be executed by the clerks of the superior courts, so as to increase the amount of said bond; and for other purposes. Referred to Committee on Judiciary. HB 132. By Mr. Bolton of Spalding: A bill to amend Code section 24-1704, relating to the bond which must be given by ordinaries for the faithful discharge of their duties as clerks of the ordinaries, so as to increase the amount of said bond; and for other purposes. Referred to Committee on Judiciary. HB 289. By Mr. Blalock of Coweta: A bill to provide for the closing, barricading and marking of any street, road, highway or bridge or any part of any of them which is being constructed or repaired; and for other purposes. Referred to Committee on Highways. MONDAY, MARCH 1, 1965 573 HB 413. By Messrs. Griffis of Cook and Colwell of Union: A bill to amend an act entitled "an act to authorize the State Highway Board to construct and maintain airports, landing fields, and other air navigation facilities, and to use the right of eminent domain in connec tion therewith", so as to authorize the State Highway Department to construct and maintain airports and landing facilities; and for other purposes. Referred to Committee on Highways. HB 448. By Mr. McDaniell of Cobb: A bill to amend an act creating a new charter for the City of Smyrna, so as to change the number of wards from which councilmen are to be elected; to increase corporate limits of said city; and for other purposes. Referred to Committee on County and Municipal Governments. HB 463. By Mr. Wells of Oconee: A bill to amend an act amending and revising the adoption laws now set forth in Chapter 74-4 of the Code of 1933, so as to remove the pro visions relating to interlocutory hearings; and for other purposes. Referred to Committee on Judiciary. HB 479. By Messrs. Mitchell of Whitfield and Leonard of Murray: A bill creating a new judicial circuit for the State of Georgia to be known as the Conasauga Judicial Circuit, so as to change the terms of said judicial circuit; and for other purposes. Referred to Committee on Judiciary. HB 484. By Mr. Moses of Montgomery: A bill to establish a new charter for the Town of Higgston, so as to change the provisions relating to the calling of elections when regular elections have not been held; and for other purposes. Referred to Committee on County and Municipal Governments. HB 487. By Messrs. Duncan, McDaniell and Jordan of Cobb: A bill to amend an act incorporating the City of Powder Springs, so as to change the corporate limits; to change the method of filling vacancies in the office of councilmen; and for other purposes. Referred to Committee on County and Municipal Governments. 574 JOURNAL OF THE SENATE, HB 488. By Messrs. Newton of Colquitt, Lowrey of Floyd and Milhollin of Coffee: A bill to amend an act known as the "Cooperative Marketing Act", so as to provide for the election of officers from and by others than direc tors; and for other purposes. Referred to Committee on Agriculture and Natural Resources. HB 489. By Messrs. Blalock and Potts of Coweta: A bill to amend an act changing the compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system to the salary system, so as to change the salary allow ance of the sheriff's deputies and jailers; and for other purposes. Referred to Committee on County and Municipal Governments. HB 493. By Mr. McKemie of Clay: A bill to abolish the present mode of compensating the sheriff of Clay County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 499. By Messrs. Duncan, McDaniell and Jordan of Cobb: A bill to amend an act providing a new charter for the City of Mari etta, so as to change the corporate limits of said city; to provide for the salary of the city councilmen; and for other purposes. Referred to Committee on County and Municipal Governments. HR 25. By Mr. Bowen of Dooly: A resolution to compensate Mrs. Merle C. Chancy; and for other pur poses. Referred to Committee on Appropriations. HR 29. By Mr. Coker of Turner: A resolution to compensate Mr. C. Boston Wynn; and for other pur poses. Referred to Committee on Appropriations. HR 32. By Mr. Brown of Hart: A resolution to compensate Mrs. Mack Suit; and for other purposes. Referred to Committee on Appropriations. MONDAY, MARCH 1, 1965 575 HR 69. By Mr. Caldwell of Upson: A resolution compensating H. F. McCorkle; and for other purposes. Referred to Committee on Appropriations. HR 86. By Mr. Matthews of Clarke: A resolution to compensate Mr. and Mrs. Albert Evans; and for other purposes. Referred to Committee on Appropriations. HR 141. By Messrs. Melton and Bolton of Spalding and Acree of Towns: A resolution creating an Interim Committee to study the problems, laws and procedures relating to sex crimes and sex offenders; and for other purposes. Referred to Committee on Rules. The following bills and resolutions were read the second time: SB 145. By Senator Thompson of the 34th: A bill to provide that any county, municipality, political subdivision or authority operating a public water system which has been issued a certificate by the Board of Health of the Department of Public Health of the State of Georgia shall have the authority to make a determina tion as to whether said water supply shall be flouridated; and for other purposes. SB 146. By Senator Holley of the 22nd: A bill to amend Code Section 56-2101, defining "Reciprocal" insurance, so as to remove the exemption in regard to contracts executed prior to March 8, 1960; and for other purposes. SB 147. By Senator Jackson of the 16th: A bill to amend an act known as "The Georgia Professional Associa tion Act"; and for other purposes. SB 148. By Senator Kidd of the 25th: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Baldwin, so as to provide that all members of the Board of Commissioners of Roads and Revenues for the County of Baldwin shall be elected by the voters of the entire County; and for other purposes. 576 JOURNAL OF THE SENATE, SB 149. By Senator Logging of the 53rd: A bill to amend Section 4 of Article I of the Banking Laws of Georgia, relating to the regulation of private banks, so as to prohibit any new or additional private banks or bankers and requiring all existing private banks or bankers to become chartered and organized under the Bank ing laws of this State or of the United States; and for other purposes. SB 150. By Senators Hall of the 52nd and Smalley of the 28th: A bill to amend an act comprehensively and exhaustively revising, superseding, consolidating and codifying the laws relating to public health; and for other purposes. SB 151. By Senators McKenzie of the 17th, Hill of the 29th, and Bateman of the 27th: A bill to amend an act known as the "Georgia Agricultural Commodi ties Promotion Act", so as to authorize membership on the various commissions of members of the General Assembly; and for other pur poses. SB 152. By Senator Minish of the 48th: A bill to amend an act entitled "An Act to provide an alternotive method for annexing territory to the municipalities of this State by action of the municipal governing bodies upon written request of 100% of the property owners in th eaffected area"; and for other purposes. SB 153. By Senator Bateman of the 27th: A bill to amend Code Section 59-112, relating to persons exempt from jury duty, so as to provide the persons who shall be entitled to exemp tion from all jury duty; to provide the procedure connected therewith; and for other purposes. SB 154. By Senator Kidd of the 25th: A bill to amend the Charter of the City of Milledgeville, so as to change provisions relative to registration and voting. SB 155. By Senator Smalley of the 28th: A bill to provide that no judgment decreeing the forfeiture of any appearance bond shall be rendered if it is shown to the satisfaction of the court that the principal was prevented by some physical disability or by his incarceration from attending the proceedings upon which the bond is conditioned; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 1, 1965 577 SR 67. By Senator Webb of the llth: A resolution creating the Alcoholism Study Commission; and for other purposes. HB 88. By Messrs. Pickard, Brinkley and Jones of Muscogee and Steis of Harris: A bill to amend an act establishing a teachers' retirement system, so as to provide that one member of the Board of Trustees of the Teachers' Retirement System shall be a retired classroom teacher, receiving re tirement benefits under said act; and for other purposes. HB 106. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A bill to amend an act known as the "State Penal and Rehabilitation Authority Act", so as to provide for a maximum bond limitation not to exceed ten million ($10,000,000.00) dollars outstanding at any one time; and for other purposes. HB 163. By Mr. Murphy of Haralson: A bill to amend an act known as the "Georgia Post Mortem Examina tion Act", so as to provide that all post mortem examinations and/or autopsies performed pursuant to said act shall be limited to the sole purpose of determining the cause of death; and for other purposes. HB 268. By Mr. Moore of Polk: A bill to amend an act creating and establishing law libraries in coun ties having a population of not less than 30,500 nor more than 31,000 persons, so as to change the population and census figures appearing therein; and for other purposes. HB 272. By Messrs. Chandler of Baldwin, Branch of Tift and Murphy of Haralson: A bill to amend the State Properties Control Code, so as to provide that a lease instrument, transmitted to each house of the General Assembly for acceptance or rejection under the provisions of the State Properties Control Code, shall receive three separate readings; and for other purposes. HB 283. By Messrs. Story and Watson of Gwinnett: A bill to provide that in all civil actions for wrongful death or per manent impairment of earning capacity, the jury shall not be instructed to use any fixed rate of interest, or any certain per cent column of 578 JOURNAL OF THE SENATE, any annuity table in reducing a verdict for damages to its present value; and for other purposes. HB 321. By Mr. Overby of Hall: A bill authorizing the counties of this State to sell lost or abandoned personal property located within the county; and for other purposes. HB 337. By Mr. Hale of Dade: A bill to amend an act to establish juvenile courts, so as to provide that the judge shall not exclude from certain hearings conducted by the court authorized representatives of the public information media and the publication in certain instances of juvenile offenders; and for other purposes. HB 344. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A bill to authorize the Department of Family and Children Services to establish categories of assistance payments and services; and for other purposes. HB 394. By Messrs. Paris of Barrow, Murphy of Haralson, Milhollin of Coffee, Overby and Williams of Hall, Lee of Clinch and Chandler of Baldwin: A bill to amend an act known as the "Georgia Motor Boat Numbering Act", so as to extend the renewal date of said motor boat licenses; and for other purposes. HB 440. By Mr. Clarke of Monroe: A bill to create a public corporation to be known as "The Board of Trustees of the Joint Municipal Employees' Retirement System"; and for other purposes. HB 442. By Mr. Ware of Troup: A bill to amend an act known as the "Housing Authorities Law", so as to exempt housing authorities of certain municipalities located in certain counties of this State; and for other purposes. HB 450. By Messrs. Duncan, McDaniell and Jordan of Cobb: A bill to amend an act establishing a new charter for the City of Acworth, so as to extend the present corporate limits of said city; and for other purposes. MONDAY, MARCH 1, 1965 579 HB 451. By Mr. Paris of Barrow: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Barrow County, so as to change the compensation of the chairman; and for other purposes. HB 454. By Mr. Crowe of Worth: A bill to amend an act relating to the establishment of a Small Claims Court in counties in this State having a population of not less than 16,500 and not more than 16,700 so as to change the qualifications of the judge of such court; and for other purposes. HB 455. By Mr. Brantley of Candler: A bill to amend an act establishing the City Court of Metter, so as to change the method of filling vacancies in the office of judge; and for other purposes. HB 457. By Mr. Collins of Toombs: A bill to amend an act creating the City Court of Lyons, so as to change the compensation of the judge of said court; and for other purposes, HB 458. By Mr. Balkcom of Quitman: A bill to place the sheriff of Quitman County upon an annual salary; and for other purposes. HB 459. By Mr. Collins of Toombs: A bill to amend an act creating the City Court of Lyons, so as to pro vide that the rules of practice, forms of pleading and methods of procedure now prevailing in the superior courts of this State shall be the same rules of practice and procedure for the City Court of Lyons; and for other purposes. HB 460. By Messrs. Harris, Bowen and Farrar of DeKalb: A bill to amend an act creating a new charter for the City of Chamblee, so as to authorize the mayor and council to increase and change the sanitary taxes now authorized to be levied, and to vary the rate of such taxes from time to time; and for other purposes. HB 461. By Mr. Walker of Lowndes: A bill to amend the charter of the City of Valdosta so as to change the corporate limits of said city; and for other purposes. 580 JOURNAL OP THE SENATE, HB 462. By Mr. Rainey of Crisp: A bill to amend an act creating a new charter for the City of Cordele, so as to change the form of government from a Commission and City Manager to a mayor and council; and for other purposes. HB 464. By Messrs. NeSmith of Meriwether and McRae of Talbot: A bill to amend an act incorporating the City of Manchester, so as to change the method and procedure of electing the board of Commis sioners; and for other purposes. HB 465. By Messrs. Duncan, McDaniell and Jordan of Cobb: A bill to amend an act incorporating the Town of Austell, so as to in crease the corporate limits of said city; and for other purposes. HB 466. By Messrs. Gary and Lee of Clayton: A bill to amend an act incorporating the City of Riverdale, so as to make provisions for the city governing authority to secure group in surance for the employees in the City of Riverdale; and for other pur poses. HB 467. By Mr. Conger of Decatur: A bill to amend an act requiring banks having and exercising trust powers, trust companies, savings banks, and security or guarantee companies doing a trust business to secure uninvested trust funds, to provide that such uninvested trust funds may also be secured by real estate loans; and for other purposes. HB 470. By Mr. Thomas of Wayne: A bill to amend an act creating a new charter for the City of Odum, so as to authorize the mayor and council to sell and convey to the adjoining landowner all the rights, title, and interest of the City of Odum in and to a certain abandoned portion of Mershon Street; and for other purposes. HB 471. By Messrs. Clarke of Monroe, Tucker of Henry, Bagby of Paulding and Murphy of Haralson: A bill to provide that a single in rem condemnation action may be maintained to condemn a right-of-way across two tracts of land only if the ownership of the two tracts of land is identical; and for other purposes. MONDAY, MARCH 1, 1965 581 HB 476. By Mr. Reaves of Brooks: A bill to amend the charter of the City of Quitman, so as to reduce the number of city commissioners from five to three; and for other purposes. HB 477. By Mr. Reaves of Brooks: A bill to amend the charter of the City of Quitman so as to authorize the chairman of the board of commissioners to vote on any matter com ing before the board when his vote will be decisive; and for other purposes. HB 481. By Messrs. Caldwell and Page of Upson: A bill to amend an act creating a new charter for the City of Thomaston, so as to provide that the mayor and city council of said city are authorized to provide by ordinance for the assessment, levy and collec tion of ad valorem taxes on all property for the ordinary current ex penses of said city such tax as they may deem necessary and proper; and for other purposes. HB 482. By Messrs. Caldwell and Page of Upson: A bill to amend Code section 92-4101, 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 Thomaston shall not be affected by the provisions of Code sections 92-4101 through 4104; and for other purposes. HB 483. By Mr. Russell of Thomas: A bill to provide for the creation of fire protection districts in Thomas County outside the corporate limits of any municipality therein; and for other purposes. HR 68. By Mr. Caldwell of Upson: A resolution compensating Jack Donald Grogan; and for other pur poses. HR 78. By Mr. Bagby of Paulding: A resolution to compensate Mrs. Emma G. Couch; and for other pur poses. 582 JOURNAL OF THE SENATE, HR 80. By Mr. Abney of Walker: A resolution to compensate Mr. Paul E. Phillips; and for other pur poses. HR 101. By Messrs. Brooks of Pulton and Harris of DeKalb: A resolution authorizing the painting of a portrait of Mary Givens Bryan, former Archivist of the State of Georgia; and for other pur poses. HR 161. By Mr. DeLoach of Echols: A resolution proposing an amendment to the Constitution so as to create the Echols County Development Authority; and for other pur poses. HR 164. By Mr. Rowland of Johnson: A resolution instructing the State Board of Education to discontinue collection of certain overpayments made to the Board of Education of Johnson County; and for other purposes. HR 170. By Messrs. Pickard, Brinkley and Jones of Muscogee: A resolution proposing an amendment to the Constitution so as to authorize Muscogee County to create a Columbus-Muscogee County Port Development Commission; and for other purposes. HR 176. By Mr. Smith of Emanuel: A resolution authorizing the Georgia State Agency for Surplus Prop erty as lessee and the State Board of Education as lessor to enter into an irrevocable lease agreement for 15 years respecting certain property located in or near the City of Swainsboro; and for other purposes. HR 183. By Mr. McClelland of Fulton: A resolution authorizing the conveyance of a certain tract of stateowned property; and for other purposes. HR 192. By Mr. Paris of Barrow: A resolution authorizing the Governor to convey to the City of Winder an easement for the purpose of operating sewer lines, over and through property owned by the State and operated as part of Fort Yargo State Park; and for other purposes. MONDAY, MARCH 1, 1965 583 HR 193. By Messrs. Duncan, McDaniell and Jordan of Cobb: A resolution proposing an amendment to the Constitution so as to authorize the City of Marietta to create additional indebtedness and levy additional taxes for educational purposes; and for other purposes. HE 134. By Messrs. Dixon of Ware and Farrar of DeKattr. A bill to amend Code section 92-3106, relating to personal exemptions and credits that may be deducted from net income in determining State income taxes, so as to allow personal exemption of $600.00 for each son, daughter or ward of the taxpayer to be deducted from the tax payer's net income notwithstanding the gross income of such son, daughter or ward; and for other purposes. Mr. Gayner of the 5th District, Acting Secretary of the Committee on Rules, submitted the following report: Mr. President: Your Committee on Rules has had under consideration the following bills of the House and has instructed me as Acting Secretary, to report the same back to the Senate with the following recommendations: HB 144. Do Pass. HB 399. Do Pass as Amended. Respectfully submitted, Gayner of 5th District, Acting Secretary. Mr. Pincher of the 51st District, Acting Secretary of the Committee on Public Utilities and Transportation, submitted the following report: Mr. President: Your Committee on Public Utilities and Transportation has had under con sideration the following bill of the House and has instructed me as Acting Secre tary, to report the same back to the Senate with the following recommendations: HB 94. Do Pass. HB 354. Do Pass. Respectfully submitted, Fincher of 51st District, Acting Secretary. 584 JOURNAL OF THE SENATE, Mr. Plunkett of the 30th 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 322. Do Pass as Amended. HB 377. Do Pass. Respectfully submitted, Plunkett of 30th District, Chairman. The following general bills, favorably reported by the committees, were read the third time, and put upon their passage. HB 399. By Messrs. Bagby of Paulding, Floyd of Chattooga, Lane of Bulloch: A bill to amend an act creating the Department of Public Safety, so as to remove the limitation on the number of officers and men in the battalion; to change the compensation of certain members of the Uni form Division of the Department of Public Safety, radio operators, license examiners and members of the Georgia Bureau of Investigation; and for other purposes. The Committee on Rules offered the following amendment: Amend HB 399 by striking from Section 1 the following: "Beginning July 1, 1966, the above sums shall be increased $300.00 per annum each. The members of the Georgia Bureau of Investigation shall each receive an increase in their base salary of $300.00 per annum, beginning July 1, 1965, and shall receive an additional $300.00 per annum beginning July 1, 1966." and inserting in lieu thereof the following: "Effective July 1, 1966, each of the above sums shall be in creased $300.00. The members of the Georgia Bureau of Investiga tion shall each receive an increase in their base salary of $300.00 per annum, effective July 1, 1965, and shall receive an additional $300.00 per annum effective July 1, 1966." On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment was adopted. MONDAY, MARCH 1, 1965 585 The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, the ayes were 38, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 144. By Messrs. Ross of Lincoln, Wright of Wilkes, Evans of McDuffie and others: A bill to amend an act creating the office of judge of the Superior Court Emeritus, so as to provide for the appointment as Judge Emeritus of certain former judges who are totally disabled; 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 president called for the ayes and nays, and the vote was as follows: Those voting in the affirmative were Senators: Ballew Bateman Coggin Dean Downing Eldridge Fineher of 51st Fincher of 54th Flowers Gillis Gordy Hill Holley Holloway Kendrick Kidd Lee Miller Minish Moore McGill McKenzie Padgett Salome Searcey Smith Thompson Tribble Ward Webb Young Those voting in the negative were Senators: Gayner Kilpatrick Maclntyre Sanders Smalley Wesberry Yancey By unanimous consent, verification of the roll call was dispensed with. 586 JOURNAL OF THE SENATE, On the passage of the bill, the ayes were 31, nays 7. The bill, having received the requisite constitutional majority, was passed. SB 82. By Senator Searcey of the 2nd: A bill to amend Code section 107-205, relating to the petition for a release and the release of the defendant in any action for the recovery of personal property in which bail is required; so as to change certain provisions relative to petitions for a release of certain defendants held in imprisonment by reason of his inability to give security; and for other purposes. The report 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 Spinks of the 9th asked unanimous consent that the following bill of the House be recommitted to the Committee on Health and Welfare: HB 313. By Mr. Walker of Lowndes: A bill to amend an act establishing a State Commission on Aging, so as to provide for an additional member of the State Commission on Aging; and for other purposes. The consent was granted. SR 32. By Senator Johnson of the 38th: A resolution to permit the use of a facsimile of the face or front of the Great Seal of the State of Georgia together with that of certain other States as a part of the decor in the lobby of the home office building of the North Carolina Mutual Life Insurance Company in downtown Durham, North Carolina; and for other purposes. Senator Sanders of the 41st offered the following amendment: MONDAY, MARCH 1, 1965 587 Amend SR 32 by adding to subsection 4, page 2, the following language "nor shall said seal be used in any way on the letterheads, correspondence or printed material of any kind of the North Carolina Mutual Life Insurance Company." 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 adoption of the resolution, was agreed to as amended. On the adoption of the resolution, the ayes were 34, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. Senator Johnson of the 38th asked unanimous consent that SR 32 be imme diately transmitted to the House. The consent was granted. SR 49. By Senator Kidd of the 25th: A RESOLUTION Requesting the Secretary of Health, Education and Welfare to make changes in certain regulations; and for other purposes. WHEREAS, several regulations relative to Old Age and Survivors Insurance Benefits authorized by Title II of the Social Security Act provides that the last month for which a recipient is entitled to certain benefits is the month before the first month in which such recipient dies; and WHEREAS, many of these recipients are elderly persons, widows, and persons suffering from disabilities, and the benefits received pur suant to the provisions of Title II of the Social Security Act is their sole and only income; and WHEREAS, in numerous instances during the month in which such recipient dies expenses for hospitalization, medical services and medi cine are incurred; and 588 JOURNAL OF THE SENATE, WHEREAS, in many instances the recipient of said benefits is con fined to a nursing home and the benefits received by such recipient was the only method for paying for such confinement; and WHEREAS, for the past several years there has been a resound ing cry through the Halls of the Congress of the United States for more medical aid to the elderly and disabled; NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Secretary of Health, Education and Welfare of the United States is hereby respectfully requested to make an immediate study of the regulations relating to Old Age and Survivors Insurance Benefits as authorized by the provisions of Title II of the Social Security Act, and if such study warrants that the regu lations relating to such benefits be amended so as to allow such benefits to be payable to the legal representative of the recipient for the month in which such recipient dies. BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to immediately forward an appro priate copy of this Resolution to Honorable Anthony J. Celebrezze, Secretary of Health, Education and Welfare, Department of Health, Education and Welfare, Washington, D. C. BE IT FURTHER RESOLVED that a copy of this Resolution be placed upon the Journals of the Senate and the House of Representa tives. 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. SB 53. By Senator Maclntyre of the 40th: A bill to amend Code section 114-102 which defines "injury" and "per sonal injury"; and for other purposes. Senator Plunkett of the 30th moved that SB 53 be indefinitely postponed. On the motion, the ayes were 30, nays 0. The motion prevailed, and SB 53 was indefinitely postponed. MONDAY, MARCH 1, 1965 589 HB 44. By Messrs. Barber of Jackson, Harris of DeKalb, Jones of Muscogee, McClelland of Pulton and others: A bill to amend Code chapter 74-; relating to the relationship of parent to child, so as to require certain persons to report any cases of cruel treatment of children which he notices in the examination of any such children; and for other purposes. Senator Gayner of the 5th offered the following amendment: Amend HB 44 by striking section 74-110.4 from section 1 in its entirety and renumbering section 74-110.5 wherever the same appears as section 74-110.4. On the adoption of the amendment, the ayes were 29, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, the ayes were 33, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 73. By Messrs. Williams and Overby of Hall, Pope of Cherokee, Luke of Richmond, Hudgins of Chattahoochee and others: A bill to amend Code section 42-205, relating to the imposition of an inspection fee and exemptions from inspection fees for certain classes of commercial feeding stuffs, so as to change the amount of the in spection fee; and for other purposes. The Committee on Agriculture and Natural Resources offered the following amendment: Amend HB 73 by striking from the title the words "inspection and inspection fees", and inserting in lieu thereof the words "inspection and inspection fees; to provide an effective date;". By adding at the end of Section 1 the following words: "Provided, however, that no valid waiver may be executed unless the owner of the domestic animals, livestock or poultry owns 590 JOURNAL OF THE SENATE, an interest in the feed manufacturing concern or the said manufac turing concern owns an interest in the domestic animals, livestock or poultry. An owner shall be defined herein as a corporation or the stockholders thereof, a partnership or an individual." By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. The Commissioner of Agriculture shall have the authority to promulgate any rules and regulations that he deems necessary in order to execute the provisions of this Act." By adding a new section to be designated Section 3 to read as follows: "Section 3. This Act shall become effective on April 1, 1965." By adding a new Section 4 to read as follows: "Section 4. All laws and parts of laws in conflict with this Act are hereby repealed." 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 37, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 322. By Mr. Irvin of Habersham: A bill to amend an act creating the North Georgia Mountains Commis sion, by providing that the Attorney General, the Director of the De partment of Industry and Trade, and the President of the Georgia Mountains Association shall not hereafter be ex-officio members; and for other purposes. The Committee on Industry and Labor offered the following amendment: Amend HB 322 after section 4 and as a part of: Any members of the General Assembly who is otherwise qualified shall not be prohibited from serving on this Commission. MONDAY, MARCH 1, 1965 591 On the adoption of the amendment, the ayes were 34, nays 1 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 president called for the ayes and nays, and the vote was as follows: Those voting in the affirmative were Senators: Adams Ballew Bateman Broun Dean Downing Edenfield Eldridge Fincher of 54th Flowers Foster Hall Hill Jackson Kendrick Kilpatrick Lee Maclntyre Miller Minish Moore McGill Padgett Pennington Plunkett Sanders Searcey Smalley Spinks Thompson Tribble Ward Wesberry Young Voting in the negative was Senator Yancey. By unanimous consent, verification of the roll call was dispensed with. On the passage of the bill, the ayes were 34, nays 1. The bill, having received the requisite constitutional majority, was passed as amended. HB 377. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A bill authorizing the Department of Industry and Trade to establish air markers throughout the State; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 592 JOURNAL OF THE SENATE, On the passage of the bill, the ayes were 36, nays 0. The bill, having received the requisite constitutional majority, was passed. HE 56. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A resolution to ratify, approve and confirm the Executive Order of the Governor, dated March 5, 1964, 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. 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 O. The resolution, having received the requisite constitutional majority, was adop>tteedd. HR 57. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A resolution to ratify the Executive Order of the Governor suspending the collection of tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the pipe organ, pews and office furniture purchased by The Chapel of All Faiths Foundation, until the next meet ing of the General Assembly; and for other purposes. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, the ayes were 36, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HR 122. By Mr. Pope of Cherokee: A resolution authorizing the conveyance of certain State property located in Cherokee County; and for other purposes. MONDAY, MARCH 1, 1965 593 The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, the ayes were 36, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HB 281. By Messrs. Busbee of Dougherty, Smith of Emanuel, Simpson of Wheeler and others: A bill to provide that the House of Representatives shall consist of 205 members; to provide that such 205 members be apportioned among Representative Districts with no District having more than 4 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, Senator Pincher of the 51st called for the ayes and nays, and the call was sustained. A roll call was ordered, and the vote was as follows: Those voting in the affirmative were Senators: Adams Ballew Bateman Broun Carter Coggin Dean Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Minish Miller Moore McGill McKenzie Noble Padgett Pennington Plunkett Searcey Smalley Smith Spinks Tribble Webb Yancey Young Those voting in the negative were Senators: Downing Salome Sanders Ward Wesberry By unanimous consent, verification of the roll call was dispensed with. 594 JOURNAL OF THE SENATE, On the passage of the bill, the ayes were 45, nays 5. The bill, having received the requisite constitutional majority, was passed. Senator Gordy of the 15th, Chairman of the Committee on Senate Adminis trative Affairs, submitted the following report: Mr. President: Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for trans mission to the House of Representatives: SB 39. SB 55. SB 62. SB 129. SR 32. Respectfully submitted, Gordy of the 15th District, Chairman. Senator Wesberry of the 37th asked unanimous consent to explain his vote on HB 281, and incorporate the remarks in the journal. The consent was granted. Senator Wesberry of the 37th opposes HB 281 because "said bill is vague, ambiguous, indefinite and meaningless and will in actuality not result in any valid statute even if signed into law; and on the further grounds that the sole intent of said bill is to attempt to remove the size of the Georgia House of Repre sentatives from the review of the Federal Courts." HB 282. By Messrs. Story and Watson of Gwinnett: A bill to amend an act entitled "Uniform Act Regulating Traffic on Highways", so as to change the speed restrictions for vehicles; and for other purposes. MONDAY, MARCH 1, 1965 595 The report 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 72. By Senators Edenfield of the 4th, Kilpatrick of the 44th, Downing of the 1st, Searcey of the 2nd, Thompson of the 34th and Gayner of the 5th: A bill to amend an act entitled "An act to provide for the creation of the office of solicitor-general emeritus;" approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended, so as to provide that any time served by a solicitor general as a judge of any city or county court may be counted toward computing the number of years of service required of a solicitor general by said act; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 29, nays 3. The bill, having received the requisite constitutional majority, was passed. SB 91. By Senator Kidd of the 25th: A bill to amend an act creating the Claims Advisory Board, approved April 12, 1963 (Ga. Laws 1963, p. 624), so as to change the provisions relative to the time limitations on filing notices of claims and the intro duction of resolutions; and for other purposes. Senator Kidd of the 25th offered the following substitute: A BILL To amend an Act creating the Claims Advisory Board, approved April 12, 1963 (Ga. Laws 1963, p. 624), so as to change the provisions relative to the time limitations on filing notices of claims and the introduction of resolutions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 596 JOURNAL OF THE SENATE, Section 1. An Act creating the Claims Advisory Board, approved April 12, 1963 (Ga. Laws 1963, p. 624), is hereby amended by striking from Section 2 the following: "No such resolution may be introduced unless a notice of claim has been filed with the Board on or before the 15th day of November immediately preceding the introduction of such resolu tion. No such resolution may be introduced more than ten days after the convening date of each regular session of the General Assembly.", and inserting in lieu thereof the following: "Except as hereinafter provided, no such resolution may be introduced unless notice of claim has been filed with the Board on or before the 5th day of November immediately preceding the introduction of such resolution. No such resolution may be intro duced during the last fifteen days of any regular session of the General Assembly.", so that when so amended Section 2 shall read as follows: "Section 2. Any resolution relative to a claim against the State or any of its departments or agencies must be introduced in the House of Representatives. Except as hereinafter provided, no such resolution may be introduced unless notice of claim has been filed with the Board on or before the 5th day of November immediately preceding the introduction of such resolution. No such resolution may be introduced during the last fifteen days of any regular session of the General Assembly. The Board shall provide forms to be used in filing a notice of claim and shall make them available for such purpose. When such notice is filed, the Board shall inform the person filing such notice, in writing, the informa tion it will require in order to take action on such claim. Such information may include accident reports, affidavits, statements, bills, receipts letters, documents, and any other supporting mate rial or data deemed necessary by the Board. All such information must be filed with the Board prior to the introduction of the resolution." Section 2. Said Act is further amended by striking from Section 5 the following: "November 15th", and inserting in lieu thereof the following: "November 15th", so that when so amended Section 5 shall read as follows: "Section 5. No such resolution shall be passed without being presented to the Board, and the Board is hereby prohibited from considering any resolution unless notice of claim is filed within the time provided for hereinbefore, and unless the resolution is MONDAY, MARCH 1, 1965 597 introduced within the time limitations specified hereinbefore, and unless the information required by the Board is filed within the time limitations specified hereinbefore. The Board shall make no recommendations during the last ten days of any regular session of the General Assembly. In the event any occurrence forming the basis for a claim takes place after the November 5th deadline, the notice of claim may be filed not later than ten days after the date of such occurrence, but in no event later than the deadline date provided for the introduction of the resolution." 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 36, 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 34, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Webb of the llth moved that the Senate do now adjourn, and the motion prevailed. The president announced the Senate adjourned until 10:00 o'clock tomorrow morning. 598 JOURNAL OP THE SENATE, Senate Chamber, Atlanta, Georgia, Tuesday, March 2, 1965. 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 the chaplain, Reverend Gene Griffith, pastor, Central Baptist Church, Gainesville, Georgia. Prayer was offered by the Reverend E. Owen Kellum, Jr., pastor, First Methodist Church, Covington, Georgia. The roll was called, and the following senators answered to their names: Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Maclntyre Miller Minish Moore McGill McKenzie Noble Padgett Pennington Plunkett Rowan Salome Sanders Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young 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 Webb of the llth 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. TUESDAY, MARCH 2, 1965 599 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions. The consent was granted. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills and resolutions of the House to-wit: HB 475. By Messrs. Duncan, McDaniell and Jordan of Cobb: A bill to authorize certain counties to establish and maintain a law library for the use of the judges, solicitors, ordinaries and other officers of the courts of said counties; and for other purposes. HB 502. 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 so as to change the compensation of the chair man of the board of county commissioners; and for other purposes. HB 503. 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, so as to change the date when the commis sioners shall begin their terms of office; and for other purposes. HB 505. By Messrs. Sweat and Dixon of Ware: A bill to amend an act placing the Sheriff of the City Court of Waycross and Superior Court of Ware County, the Clerk of the Superior Court, the Ordinary, the Tax Collector and the Tax Receiver, on a salary system of compensation in lieu of the fee system, so as to change the provisions relative to the employment of personnel; and for other pur poses. HB 506. By Mr. Jones of Liberty: A bill to create and incorporate the Town of Allenhurst, and grant a charter to that municipality under that name; and for other purposes. 600 JOURNAL OF THE SENATE, HB 514. By Messrs. Odom, Busbee and Hutchinson of Dougherty: A bill to amend an act establishing the City Court of Albany, so as to provide for the appointment of more than one judge pro hac vice; and for other purposes. HB 517. By Messrs. Shea, Sewell and Richardson, of Chatham: A bill to carry into effect the provision to provide that the Mayor and Alderman of the City of Savannah and Chatham County may contract for the consolidation of combining of the County and City Board of Tax Assessors and for other purposes. HB 518. By Mr. Rowland of Johnson: A bill to amend an act fixing the compensation of certain tax collectors for collecting ad valorem school taxes, so as to change the compensation of certain tax collectors for collecting said taxes; and for other pur poses. HB 521. By Messrs. Shea, Sewell and Richardson of Chatham: A bill to provide that the Mayor and Aldermen of the City of Savannah and Chatham County may contract for the consolidation and combining of the County and City Board of Tax Assessors; and for other pur poses. HB 522. By Mr. DeVane of Schley: A bill to abolish the present method of compensating the sheriff of Schley County, known as the fee system, to provide in lieu thereof an annual salary for the sheriff; and for other purposes. HB 528. By Mr. Carr of Washington: A bill to abolish the present method of compensating the sheriff of Washington County, known as the fee system; and for other purposes. HB 529. 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 provide for centralized purchasing, to provide for the clerk of the board to act as purchasing agent; and for other purposes. HB 530. By Mr. Carr of Washington: A bill to abolish the present method of compensating the clerk of the superior court of Washington County, known as the fee system, to pro vide in lieu thereof an annual salary; and for other purposes. TUESDAY, MARCH 2, 1965 601 HB 536. By Mr. Anderson of Pulaski: A bill to amend an act creating a new charter for the City of Hawkinsville, so as to authorize the commissioners of the City of Hawkinsville to sell and convey a certain tract of land; and for other purposes. HB 492. By Messrs. Smith of Emanuel, Carr of Washington, and others: A bill to amend an act abolishing the fee system as applied to the office of solicitor-general in the Superior Courts of the Middle Judicial Circuit, so as to increase the compensation provided therein; and for other purposes. HB 527. By Messrs. Clarke of Monroe, Smith of Lamar, and others: A bill to amend an act placing the solicitor-general of the Flint Judicial Circuit on a salary basis in lieu of a fee system, so as to provide for a contingent expense allowance for the solicitor-general of said Circuit; and for other purposes. HB 395. By Messrs. Harris, Parrar and Bowen of DeKalb: A bill to place the solicitor general of the Stone Mountain Judicial Circuit on a salary basis in lieu of a fee basis, so as to change the provisions relative to the compensation of the solicitor general of the Stone Mountain Judicial Circuit; and for other purposes. HB 29. By Mr. Dean of Polk: A bill to authorize the Governor to offer a reward for information leading to the arrest and conviction of slayers of law enforcement officers; and for other purposes. HB 102. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A bill to amend an act known as the "Statewide Probation Act", so as to provide for an officer in charge where two or more are assigned to the same office or to the same division within a judicial circuit; and for other purposes. HB 104. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A bill to amend Chapter 92-33 of the Code of Georgia of 1933 relating to payment, deficiencies, assessment and collection of the income tax; and for other purposes. 602 JOURNAL OP THE SENATE, HB 133. By Messrs. Bedgood and Matthews of Clarke, Moate of Hancock, Overby of Hall and others: A bill to amend an act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to change the compensation allowed to the dealer for collecting, accounting for and remitting the tax levied by said Act; and for other purposes. HB 188. By Messrs. Byrd of Walton, Wells of Oconee, Lee of Clinch and Lambert of Morgan: A bill to amend Code Section 39-1105, relating to rates to be allowed to publishers for publishing legal advertisements; and for other purposes. HB 197. By Messrs. Tucker of Henry and others: A bill to amend Code Chapter 84-4, relating to barbers, manicurists, barber shops, barber schools and barber colleges and creating a Georgia State Board of Barbers; and for other purposes. HB 226. By Messrs. Ware of Troup, and others: A bill amending an act amending Section 92-5301 of the Code of Geor gia of 1933 by changing the classes and amounts of commissions al lowed to tax-receivers and tax-collectors of State and county taxes; and for other purposes. HB 325. By Messrs. Clark and Tucker of Catoosa: A bill to provide that a deputy sheriff shall be ineligible to serve as a grand or traverse juror during the term of his appointment and for two years thereafter; and for other purposes. HB 422. By Messrs. Newton of Colquitt, Lowrey of Ployd and Milhollin of Coffee: A bill to repeal an Act entitled "An Act providing for an excise tax on all oleomargarine containing any fat and/or oil ingredient"; and for other purposes. HB 478. By Messrs. Howell of Early, Smith of Emanuel and many others: A bill to amend an act entitled "Uniform Act Regulating Traffic on Highways", so as to provide that any person who shall operate or drive any vehicle in such a manner as to be in wilful or wanton disregard of the safety of persons or property shall be guilty of a misdemeanor; and for other purposes. TUESDAY, MARCH 2, 1965 603 HB 516. By Messrs. Harris, Etheridge and Brooks of Fulton: A bill to amend Code chapter 88-18, relating to hospital authorities, so as to provide for the location of the facility in order to serve effec tively counties, municipalities, towns, or cities joining in the creation of a hospital authority; and for other purposes. HB 535. By Messrs. Matthews of Colquitt, Johnson of Warren, and many others: A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", so as to change the provisions requiring any vehicle which is used on official business by any person authorized to make arrests for traffic violations in this State, shall be distinctly painted, marked and lettered; and for other purposes. The House has adopted the following resolutions of the House, to-wit: HR 228. By Messrs. Smith of Emanuel and Matthews of Clarke: A resolution expressing regret at the passing of Bill Munday; and for other purposes. HR 206. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty, and Brooks of Fulton and Lambert of Morgan: A resolution creating an interim study committee on traffic safety; and for other purposes. The House has passed by substitute the following bills of the Senate to-wit: SB 4. By Senators Broun of the 46th, Webb of the llth and Coggin of the 35th: A bill to provide home rule for municipalities; and for other purposes. SB 79. By Senators Thompson of the 34th, Coggin of the 35th and Maclntyre of the 40th and others: A bill to amend an act entitled "College Park City Charter Amendment", with reference to city employees pension plan, to provide benefits, rules and regulations for pension payments; and for other purposes. The following bills and resolutions were introduced, read the first time, and referred to committees: SB 163. By Senator Thompson of the 34th: A bill to amend an act known as the "Children and Youth Act", so as to change the provisions in regard to the supervision of day care serv- 604 JOURNAL OF THE SENATE, ices for the care and protection of children whose parents are absent from the home or are unable for other reasons to provide for parental supervision; and for other purposes. Referred to Committee on Health and Welfare. SB 164. By Senators Wesberry of the 37th, Johnson of the 38th, Ward of the 39th, and others: A bill to amend an act establishing a new charter for the City of Atlanta, and the several acts amendatory thereof; and for other pur poses. Referred to Committee on County and Municipal Governments. SB 165. By Senator Tribble of the 3rd: A bill to amend the charter of the Town of Pooler and other acts amendatory thereto incorporating and reincorporating and fixing and prescribing and extending the corporate limits of said town and other purposes. Referred to Committee on County and Municipal Governments. SB 166. By Senator Johnson of the 38th: A bill to amend an act providing for the giving of security by owners and operators of motor vehicles, so as to remove the provision requir ing the filing of proof of financial responsibility upon the second or subsequent conviction of certain offenses; and for other purposes. Referred to Committee on Judiciary. SB 167. By Senators Maclntyre of the 40th, Lee of the 47th, and McKenzie of the 17th: A bill to amend an act entitled the "Georgia Insurance Code of 1960", so as to provide that insurers may invest in the capital stock of small busi ness investment companies licensed under the Federal Small Business Investment Act of 1958, as amended, and may participate in loans and investments made by any such small business investment companies; and for other purposes. Referred to Committee on Banking and Finance. SB 168. By Senator Minish of the 48th: A bill to amend an act incorporating the City of Commerce in the County of Jackson, so as to provide that the marshal or chief of police, TUESDAY, MARCH 2, 1965 605 night watchman, and police officers of the City of Commerce shall hold office until removed for cause; and for other purposes. Referred to Committee on County and Municipal Governments. SB 169. By Senator Tribble of the 3rd: A bill to create within the area of Chatham County known as "Isle of Hope" a water, fire, sanitation and sewerage district; and for other purposes. Referred to Committee on County and Municipal Governments. SB 170. By Senator Johnson of the 38th: A bill to amend Code Section 88-506, relating to the judicial procedure for involuntary hospitalization of a mentally ill person, so as to provide that the ordinary may, at any time, order the sheriff of such county to take the alleged mentally ill person in custody if he deems it neces sary for the protection of the alleged mentally ill person or others, or upon an affidavit of a physician; and for other purposes. Referred to Committee on Judiciary. SB 171. By Senator Gordy of the 15th: A bill to amend Code Chapter 88-17, providing a complete and compre hensive vital records law for the State of Georgia, so as to change the provision relative to the preparation of a certificate of adoption and the furnishing of information relative thereto; to remove the provision authorizing the Department of Public Health to disclose data contained in vital records for research purposes; to change the provision specify ing to whom full certified copies of birth certificates shall be issued; to repeal conflicting laws; and for other purposes. Referred to Committee on Judiciary. SR 69. By Senator Dean of the 6th: A resolution to relieve I. E. Reddish as security on a bond; and for other purposes. Referred to Committee on Rules. SR 71. By Senator Webb of the llth: A resolution relative to the Resources Advisory Board, Southeast River Basins, so as to authorize the Board to enter into agreements relative to providing old-age and survivors insurance coverage to the employees of said Board; to authorize the expenditure of funds; to provide for 606 JOURNAL OF THE SENATE, matters relative thereto; to repeal conflicting laws; and for other purposes. Referred to Committee on Rules. HB 29. By Mr. Dean of Polk: A bill to authorize the Governor to offer a reward for information leading to the arrest and conviction of slayers of law enforcement officers; and for other purposes. Referred to Committee on Judiciary. HB 102. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty and Brooks of Fulton: A bill to amend an act known as the "Statewide Probation Act", so as to provide for an officer in charge where two or more are assigned to the same office or to the same division within a judicial circuit; and for other purposes. Referred to Committee on Penal and Correctional Affairs. HB 104. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Bougherty and Brooks of Fulton: A bill to amend chapter 92-33 of the Code of Georgia of 1933 relating to payment, deficiencies, assessment and collection of the income tax, so as to clarify section 92-3303 (f) extending the time within which tax may be assessed or refunds claimed as to any taxable period for which corrections have been made by the Federal Internal Revenue Service; and for other purposes. Referred to Committee on Banking and Finance. HB 133. By Messrs. Bedgood and Matthews of Clarke, Moate of Hancock, Overby of Hall, Poss of Madison, Rowland of Johnson, Simpson of Wheeler, Smith of Whitfield, Steis of Harris and others: A bill to amend an act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to change the compensation allowed to the dealer for collecting, accounting for and remitting the tax levied by said act; and for other purposes. Referred to Committee on Rules. HB 188. By Messrs. Byrd of Walton, Wells of Oconee, Lee of Clinch and Lambert of Morgan: A bill to amend Code section 39-1105, relating to rates to be allowed to publishers for publishing legal advertisements, so as to make uni- TUESDAY, MARCH 2, 1965 607 form the rates to be allowed to the publishers for publishing legal advertisements in any and all counties of Georgia; and for other pur poses. Referred to Committee on Judiciary. HB 197. By Messrs. Tucker of Henry, Stalnaker of Houston, Herndon of Appling, Arnsdorff of Effingham, Steis of Harris, Vaughan and Harris of Bartow: A bill to amend Code chapter 84-4, relating to barbers, manicurists, barber shops, barber schools and barber colleges and creating a Georgia State Board of Barbers, so as to provide additional powers to the Georgia State Board of Barbers; and for other purposes. Referred to Committee on Health and Welfare: HB 226. By Messrs. Ware of Troup, Smith and Mitchell of Whitfield, Williams of Hall, Harrell of Fayette and Lee of Clayton: A bill amending an act amending section 92-5301 of the Code of Georgia of 1933 by changing the classes and amounts of commissions allowed to tax-receivers and tax-collectors of State and county taxes, so as to provide for the disposition of the commissions on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest; and for other purposes. Referred to Committee on Rules. HB 325. By Messrs. Clark and Tucker of Catoosa: A bill to provide that a deputy sheriff shall be ineligible to serve as a grand or traverse juror during the term of his appointment and for two years thereafter; and for other purposes. Referred to Committee on Penal and Correctional Affairs. HB 395. By Messrs. Harris and Farrar of DeKalb: A bill to amend an act placing the solicitor-general of the Stone Moun tain Judicial Circuit on a salary basis in lieu of a fee basis, so as to change the provisions relative to the compensation of the solicitor general; and for other purposes. Referred to Committee on Judiciary. HB 422. By Messrs. Newton of Colquitt, Lowrey of Floyd and Milhollin of Coffee: A bill to repeal an act entitled "An act providing for an excise tax on all oleomargarine containing any fat and/or oil ingredient other than 608 JOURNAL OF THE SENATE, any of the following fats and/or oils, namely: Oleo oil from cattle, oleo stock from cattle, oleo stearine from cattle, neutral lard from hogs, peanut oil, pecan oils, corn oil, cottonseed oil, soya bean oil, or milk fat"; and for other purposes. Referred to Committee on Agriculture and Natural Resources. HB 475. By Messrs. Duncan, McDaniell and Jordan of Cobb: A bill to authorize certain counties in this State to establish and main tain a law library for the use of the judges, solicitors, ordinaries and other officers of the courts of said counties; and for other purposes. Referred to Committee on Judiciary. HB 478. By Messrs. Howell of Early, Smith of Emanuel, Snow of Walker, NeSmith of Meriwether, Parker of Screven, Holder of Dodge, McKemie of Clay and others: A bill to amend an act entitled "Uniform Act Regulating Traffic on Highways"; and for other purposes. Referred to Committee on Highways. HB 492. By Messrs. Smith of Emanuel and Carr of Washington: A bill to amend an act abolishing the fee system as applied to the office of solicitor-general in the Superior Courts of the Middle Judicial Cir cuit, so as to increase the compensation provided therein; and for other purposes. Referred to Committee on Judiciary. HB 502. 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, so as to change the compensation of the chair man of the board; and for other purposes. Referred to Committee on County and Municipal Governments. HB 503. 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, so as to change the date when the commis sioners shall begin their terms of office; and for other purposes. Referred to Committee on County and Municipal Governments. TUESDAY, MARCH 2, 1965 609 HB 505. By Messrs. Sweat and Dixon of Ware: A bill to amend an act placing the sheriff of the city court of Waycross and Superior Court of Ware County and clerk of the Superior Court, the ordinary, the tax collector and tax receiver of Ware County on a salary system, so as to change the provisions relative to the employment of personnel; and for other purposes. Referred to Committee on County and Municipal Governments. HB 506. By Mr. Jones of Liberty: A bill to create and incorporate the Town of Allenhurst and grant a charter to that municipality under that name and style; and for other purposes. Referred to Committee on County and Municipal Governments. HB 514. By Messrs. Odom, Busbee and Hutchinson of Dougherty: A bill to amend an act establishing the City Court of Albany in and for the County of Dougherty, so as to provide for the appointment of more than one judge pro hac vice; and for other purposes. Referred to Committee on County and Municipal Governments. HB 516. By Messrs. Harris, Etheridge and Brooks of Fulton: A bill to amend Code chapter 88-18, relating to hospital authorities, so as to provide for the location of the facility in order to serve effec tively counties, municipalities, towns, or cities joining in the creation of a hospital authority; and for other purposes. Referred to Committee on Health and Welfare. HB 517. By Mr. Rowland of Johnson: A bill to repeal an act entitled "An act to provide that the tax receiver in certain counties shall be paid from ad valorem school tax collected for the county board of education a commission of lYz% of the net amount collected by the county tax collector;" and for other purposes. Referred to Committee on Rules. HB 518. By Mr. Rowland of Johnson: A bill to amend an act fixing the compensation of certain tax collectors for collecting ad valorem school taxes, so as to change the compensation of certain tax collectors for collecting said taxes; and for other pur poses. Referred to Committee on Rules. 610 JOURNAL OF THE SENATE, HB 521. By Messrs. Shea, Sewell and Richardson of Chatham: A bill to carry into effect the provisions of the Constitutional Amend ment reported in Georgia Laws 1964, p. 986, authorizing the General Assembly to provide that the mayor and aldermen of the City of Sa vannah and Chatham County may contract for the consolidation and combining of the county and city board of tax assessors; and for other purposes. Referred to Committee on County and Municipal Governments. HB 522. By Mr. DeVane of Schley: A bill to abolish the present method of compensating the sheriff of Schley County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 527. By Messrs. Clarke of Monroe, Smith of Lamar, Tucker of Henry and Woodward of Butts: A bill to amend an act placing the solicitor-general of the Flint Judicial Circuit on a salary basis in lieu of a fee basis, so as to provide for a contingent expense allowance for the solicitor-general of said circuit to be paid by the counties composing said circuit pro rata upon the basis of taxable property; and for other purposes. Referred to Committee on Judiciary. HB 528. By Mr. Carr of Washington: A bill to abolish the present method of compensating the sheriff of Washington County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 529. 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 provide for centralized purchasing; and for other purposes. Referred to Committee on County and Municipal Governments. HB 530. By Mr. Carr of Washington: A bill to abolish the present method of compensating the clerk of the superior court of Washington County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. TUESDAY, MARCH 2, 1965 611 HB 535. By Messrs. Matthews of Colquitt, Johnson of Warren, Mitchell of Whitfield, Anderson of Pulaski and others: A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", so as to change the provisions requiring any vehicle which is used on official business by any person authorized to make arrests for traffic violations in this State, or any county or municipality thereof, shall be distinctly painted, marked and lettered; and for other purposes. Referred to Committee on Judiciary. HB 536. By Mr. Anderson of Pulaski: A bill to amend an act creating a new charter for the City of Hawkinsville, so as to authorize the commissioners of said city to sell and con vey a certain tract of land; and for other purposes. Referred to Committee on County and Municipal Governments. HR 206. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty, Brooks of Fulton and Lambert of Morgan: A resolution creating an interim study committee on traffic safety; and for other purposes. Referred to Committee on Rules. HB 508. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A bill to amend an act known as the "Motor Vehicle Certificate of Title Act", so as to provide for delivery of the certificate of title and to provide for delivery of the certificate of title when it is being held by the first security interest or lienholder; and for other purposes. Referred to Committee on Industry and Labor. HB 583. By Messrs. Pope of Cherokee, Thomason of Pickens, Otwell of Forsyth and Duncan of Fannin: A bill to amend an act creating emeritus offices for certain State House officials; and for other purposes. Referred to Committee on Rules. HR 147. By Mr. Etheridge of Fulton: A resolution creating the "Indigent Defendant Study Committee"; and for other purposes. Referred to Committee on Rules. 612 JOURNAL OF THE SENATE, The following bills and resolutions were read the second time: SB 156. By Senator Smalley of the 28th: A bill to provide for reciprocity between the State of Georgia and other states with respect to transfer, death, estate and inheritance taxes upon intangible personal property of nonresidents; and for other purposes. SB 157. By Senators Sanders of the 41st, Johnson of the 42nd, and Miller of the 43rd: A bill to provide for one additional judge of the Superior Courts of the Stone Mountain Judicial Circuit, so as to increase the number of judges in said Circuit to four; and for other purposes. SB 158. By Senator Johnson of the 42nd: A bill to amend the Banking Law of Georgia, so as to provide that all banks, both incorporated and unincorporated and including private banks and persons doing a banking business in this State shall be required to maintain deposit security for the benefit of their depositors; and for other purposes. SB 159. By Senators Webb of the llth and Jackson of the 16th: A bill to amend an Act creating the Georgia Historical Commission, so as to change the provisions relating to the compensation of the Secretary of the Board of Commissioners of the Georgia Historical Commission; to repeal conflicting laws; and for other purposes. SB 160. By Senator Webb of the llth: A bill to amend Code Section 6-1702, relative to costs in cases carried to the Supreme Court and to the Court of Appeals, so as to change the amount thereof; to repeal conflicting laws; and for other purposes. SB 161. By Senator Webb of the llth: A bill to amend an act entitled "An Act to amend an Act relating to the salaries of Justices of the Supreme Court and Judges of the Court of Appeals and their officers and employees", so as to remove the provisions relative to the amount to be received by Chief Justices Emeritus and Associate Justices Emeritus of the Supreme Court and Judges Emeritus of the Court of Appeals; and for other purposes. TUESDAY, MARCH 2, 1965 G13 SB 162. By Senator Webb of the llth, Carter of the 14th, Plunkett of the 30th, and Broun of the 46th: A bill to amend an act creating the Georgia Educational Improvement Council, so as to provide for additional members; to provide for the appointment of such members; to provide the procedure connected therewith; and for other purposes. HB 130. By Mr. Bolton of Spalding: A bill to amend Code section 24-2805, relating to the bonds which must be given by sheriffs, so as to provide that the designated amount may be increased by local act; and for other purposes. HB 131. By Mr. Bolton of Spalding: A bill to amend Code section 24-2713, relating to the bond which must be executed by the clerks of the superior courts, so as to increase the amount of said bond; and for other purposes. HB 132. By Mr. Bolton of Spalding: A bill to amend Code section 24-1704, relating to the bond which must be given by ordinaries for the faithful discharge of their duties as clerks of the ordinaries, so as to increase the amount of said bond; and for other purposes. HB 289. By Mr. Blalock of Coweta: A bill to provide for the closing, barricading and marking of any street, road, highway or bridge or any part of any of them which is being constructed or repaired; and for other purposes. HB 413. By Messrs. Griffis of Cook ad Colwell of Union: A bill to amend an act entitled "An act to authorize the State Highway Board to construct and maintain airports, landing fields, and other air navigation facilities, and to use the right of eminent domain in connection therewith", so as to authorize the State Highway Depart ment to construct and maintain airports and landing facilities; and for other purposes. HB 448. By Mr. McDaniell of Cobb: A bill to amend an act creating a new charter for the City of Smyrna, so as to change the number of wards from which councilmen are to be elected; to increase corporate limits of said city; and for other pur poses. 614 JOURNAL OF THE SENATE, HB 463. By Mr. Wells of Oconee: A bill to amend an act amending and revising the adoption laws now set forth in Chapter 74-4 of the Code of 1933, so as to remove the pro visions relating to interlocutory hearings; and for other purposes. HB 479. By Messrs. Mitchell of Whitfield and Leonard of Murray: A bill creating a new judicial circuit for the State of Georgia to be known as the Conasauga Judicial Circuit, so as to change the terms of said judicial circuit; and for other purposes. HB 484. By Mr. Moses of Montgomery: A bill to establish a new charter for the Town of Higgston, so as to change the provisions relating to the calling of elections when regular elections have not been held; and for other purposes. HB 487. By Messrs. Duncan, McDaniell and Jordan of Cobb: A bill to amend an act incorporating the City of Powder Springs, so as to change the corporate limits; to change the method of filling vacancies in the office of councilmen; and for other purposes. HB 488. By Messrs. Newton of Colquitt, Lowrey of Floyd and Milhollin of Coffee: A bill to amend an act known as the "Cooperative Marketing Act", so as to provide for the elections of officers from and by others than directors; and for other purposes. HB 489. By Messrs. Blalock and Potts of Coweta: A bill to amend an act changing the compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system to the salary system, so as to change the salary allow ances of the sheriff's deputies and jailers; and for other purposes. HB 493. By Mr. McKemie of Clay: A bill to abolish the present mode of compensating the sheriff of Clay County, known as the fee system; and for other purposes. HB 499. By Messrs. Duncan, McDaniell and Jordan of Cobb: A bill to amend an act providing a new charter for the City of Mari etta, so as to change the corporate limits of said city; to provide for the salary of the city councilmen; and for other purposes. TUESDAY, MARCH 2, 1965 615 HR 25. By Mr. Bowen of Dooly: A resolution to compensate Mrs. Merle C. Chancy; and for other pur poses. HR 29. By Mr. Coker of Turner: A resolution to compensate Mr. C. Boston Wynn; and for other pur poses. HR 32. By Mr. Brown of Hart: A resolution to compensate Mrs. Mack Suit; and for other purposes. HR 69. By Mr. Caldwell of Upson: A resolution compensating H. F. McCorkle; and for other purposes. HR 86. By Mr. Matthews of Clarke: A resolution to compensate Mr. and Mrs. Albert Evans; and for other purposes. HR 141. By Messrs. Melton and Bolton of Spalding and Acree of Towns: A resolution creating an Interim Committee to study the problems, laws and procedures relating to sex crimes and sex offenders; and for other purposes. Mr. Downing of the 1st District, Chairman of the Committee on County and Municipal Governments, submitted the following report: Mr. President: Your Committee on County and Municipal Governments, has had under consideration the following bills of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recom mendations : SB 111. Do Pass. HB 21. Do Pass. HB 119. Do Pass. HB 172. Do Pass. HB 203. Do Pass. HB 213. Do Pass. 616 JOURNAL OF THE SENATE, HB 264. HB 276. HB 277. HB 435. HB 436. HB 458. HB 476. HB 477. HB 483. HB 316. HB 317. HB 318. HB 324. HB 346. HB 353. HB 364. HB 365. HB 379. HB 382. HB 390. HB 391. HB 397. HB 398. HB 400. HB 409. HB 410. HB 411. HB 412. HB 419. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass as Amended. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Respectfully submitted, Downing of 1st District, Chairman. Mr. Moore of the 31st District, Acting Secretary of the Committee on Rule*, submitted the following report: Mr. President: Your Committee on Rules has had under consideration the following bills TUESDAY, MARCH 2, 1965 617 and resolutions of the Senate and House and has instructed me as Acting Secre tary, to report the same back to the Senate with the following recommendations: SB 93. Do Pass. SB 134. Do Not Pass. SR 13. Do Not Pass. SR 20. Do Not Pass. SR 44. Do Not Pass. SR 58. Do Not Pass. SR 30. Do Pass. SR 48. Do Pass. SR 64. Do Pass as Amended. SR 67. Do Pass as Amended. HB 169. Do Pass. HB 288. Do Pass. HB 248. Do Pass. HB 287. Do Pass as Amended. HB 440. Do Pass as Amended. HB 43. Do Pass by Substitute. HR 161. Do Pass. HR 170. Do Pass. HR 192. Do Pass. HR 193. Do Pass. HR 183. Do Pass. HR 164. Do Pass. HR 184. Do Pass. HR 167. Do Pass. HR 11. Do Pass. HR 106. Do Pass. HR 105. Do Pass. HR 143. Do Pass. Respectfully submitted, Moore of 31st District, Acting Secretary. Mr. Plunkett of the 30th 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 618 JOURNAL OF THE SENATE, following bill of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation: SB 90. Do Pass by Substitute. Respectfully submitted, Plunkett of 30th District, Chairman. Mr. McGill of the 24th District, Secretary of the Committee on Highways, submitted the following report: Mr. President: Your Committee on Highways has had under consideration the following resolution of the House and has instructed me as Secretary, to report the same back to the Senate with the following recommendation: HR 123. Do Pass. Respectfully submitted, McGill of 24th District, Secretary. Mr. Yancey of the 33rd District, Secretary 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 Secretary, to report the same back to the Senate with the following recommendations: SB 61. Do Pass. SB 122. Do Not Pass. HB 22. Do Pass. HB 217. Do Pass. HB 80. Do Pass. Respectfully submitted, Yancey of 33rd District, Secretary. Senator Gayner of the 5th gave notice of intention to move to disagree with the adverse Judiciary Committee report on SB 122. TUESDAY, MARCH 2, 1965 619 The following local, uncontested bills and resolutions, favorably reported by the committees, were read the third time, and put upon their passage. SB 111. By Senators Padgett of the 23rd and Holley of the 22nd: A bill to amend an act approved March 28, 1961 (Ga. Laws 1961, p. 2688-2698), so as to increase the compensation of the treasurer of Rich mond County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 32, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 21. By Mr. Woodward of Butts: A bill to amend an act creating a new charter for the City of Jackson, so as to authorize the mayor and council to increase the salaries of the mayor and 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 33, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 119. By Mr. Black of Webster: A bill to place the sheriff of Webster County upon an 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 30, nays 0. 620 JOURNAL OF THE SENATE, The bill, having received the requisite constitutional majority, was passed. HB 172. By Mr. Fulford of Terrell: A bill to amend the charter of the City of Dawson by adding thereto a provision authorizing the City Council of Dawson to sell and dispose of any real property or interest therein owned by the City of Dawson and fixtures and personal property attached thereto or used in connec tion therewith; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 38, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 203. By Mr. Balkcom of Quitman: A bill to consolidate the offices of tax receiver and tax collector of Quitman County into the office of the tax commissioner of Quitman County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 213. By Mr. Johnson of Elbert: A bill to amend an act entitled "An act to provide a Board of Commis sioners for the County of Elbert", so as to fix the compensation of the chairman; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, nays 0. TUESDAY, MARCH 2, 1965 621 The bill, having received the requisite constitutional majority, was passed. HB 264. By Messers. Harris and Smith of Glynn: A bill to amend an act to consolidate and regulate public instruction in the County of Glynn, so as to more clearly define the scope and extent of the annual audit of the books and financial transactions of the Board of Education of Glynn County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 276. By Messrs. Ballard and Spillers of Newton: A bill to amend an act placing the sheriff of the Superior Court of New ton County upon an annual salary, so as to increase the compensation of the chief deputy; and for other purposes. The report 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 277. By Mr. Hudgins of Chattahoochee: A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Chattahoochee County, so as to change the compensa tion of the clerk; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, nays 0. 622 JOURNAL OF THE SENATE, The bill, having received the requisite constitutional majority, was passed. HB 316. By Mr. Otwell of Forsyth: A bill to amend an act changing the compensation of the sheriff and the clerk of the Superior Court of Forsyth County from the fee system to the salary system, so as to change the compensation of the sheriff; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 317. By Mr. Otwell of Forsyth: A bill to amend an act creating a charter for the City of Gumming, so as to provide for permanent registration under certain circum stances; and for other purposes. The report 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 318. By Mr. Otwell of Forsyth: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Forsyth County, so as to remove the provisions rela tive to per diem for attendance at special meetings; to provide for an expense allowance; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. TUESDAY, MARCH 2, 1965 623 On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 324. By Messrs. Ballard and Spillers of Newton: A bill to amend an act providing a board of directors and a commis sioner of roads and revenues for Newton County, so as to increase the compensation of the commissioner; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 353. By Messrs. McClelland, Brooks and Etheridge of Fulton: A bill to abolish the office of coroner of Fulton County; to create the office of Medical Examiner; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 364. By Messrs. Matthews and Newton of Colquitt: A bill to amend an act creating the City Court of Colquitt County, so as to change the amount of the bond of the clerk of said Court; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 40, nays 0. 624 JOURNAL OP THE SENATE, The bill, having received the requisite constitutional majority, was passed. HB 346. By Mr. Bagby of Paulding: A bill to amend an act creating the office of Tax Commissioner of Paulding County, so as to change the compensation of the clerk; and for other purposes. The Committee on County and Municipal Governments offered the following amendment: Amend HB 346 by striking from the title the phrase "to provide an effective date;". By striking in its entirety Section 2 and by renumbering Section 3 as Section 2. On the adoption of the amendment, the ayes were 40, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 365. By Messrs. Matthews and Newton of Colquitt: A bill to amend an act placing the county officers of Colquitt County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the Ordinary of Colquitt 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, MARCH 2, 1965 625 HB 379. By Messrs. McDaniell, Duncan and Jordan of Cobb: A bill to abolish the office of treasurer of Cobb County; to provide that the Cobb County comptroller shall perform the duties of said treasurer; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 382. By Mr. Reaves of Brooks: A bill to provide that the tax commissioner of certain counties shall have the power and authority to levy and collect tax fi fas which are issued by the tax commissioners; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 390. By Messrs. Matthews and Newton of Colquitt: A bill to amend the act creating a Small Claims Court in Colquitt County and all other counties with population of not less than 33,300 nor more than 34,056, so as to further provide for and clarify rules of practice and procedure in such Small Claims Courts; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. 626 JOURNAL OP THE SENATE, HB 391. By Messrs. Duncan, Jordan and McDaniell of Cobb: A bill to amend an act creating the Cobb County-Marietta Water Au thority, so as to provide that the chairman of the Board of Commis sioners of Roads and Revenues of Cobb County shall be a member and chairman of such Authority; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 397. By Messrs. Farrar, Harris and Bowen of DeKalb: A bill to amend an act approved February 14, 1951, creating and estab lishing the Civil and Criminal Court of DeKalb County, so as to pro vide for the salaries of the judges; to provide for the salaries of the solicitor; to provide for the jurisdiction of said court; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 398. By Mr. Leonard of Murray: A bill to amend an act creating a new charter for the City of Chatsworth, so as to change the corporate limits 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. TUESDAY, MARCH 2, 1965 627 HB 400. By Messrs. Mitchell and Smith of Whitfield: A bill to amend an act entitled "An act to amend the charter of the City of Dalton, so as to formulate a schedule of personnel organization for the police and fire departments of the City of Dalton; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 409. By Mr. Matthews of Colquitt: A bill to amend an act creating a Board of Commissioners of Colquitt County, so as to change the amount of the bond of the chairman 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 40, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 410. By Mr. McCracken of Jefferson: A bill to abolish the present mode of compensating the sheriff of Jef ferson 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. 628 JOURNAL OP THE SENATE, HB 411. By Mr. McCracken of Jefferson: A bill to repeal an act entitled "An act to reduce the bond of the sheriff of Jefferson County, from the amount of $10,000 to $5,000"; to provide that the sheriff shall furnish and give a bond in the sum now or hereafter provided by the general laws of the State; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 29, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 412. By Mr. McCracken of Jefferson: A bill to amend an act entitled "An act to fix the compensation for the members of the Board of Roads and Revenues of Jefferson County", so as to provide the maximum compensation that may be fixed by said board for the member of said board who is the chairman 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 40, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 419. By Messrs. Matthews and Bedgood of Clarke: A bill to amend the charter of the City of Athens, so as to provide a comprehensive and unified pension plan for certain officers, firemen, policemen, and employees of the mayor and council, and the various departments 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. TUESDAY, MARCH 2, 1965 629 The bill, having received the requisite constitutional majority, was passed. HB 435. By Messrs. Laite, Dunwody and Jones of Bibb: A bill to amend an act entitled "an act to reenact the charter of the City of Macon", 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 30, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 436. By Messrs. Newton and Matthews of Colquitt: A bill to amend the charter for the City of Moultrie, so as to provide that candidates for mayor and councilmen must receive a majority of the votes cast; and for other purposes. The report 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 458. By Mr. Balkcom of Quitman: A bill to place the sheriff of Quitman County upon an 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 30, nays 0. The bill, having received the requisite constitutional majority, was passed. 630 JOURNAL OF THE SENATE, HB 476. By Mr. Reaves of Brooks: A bill to amend the charter of the City of Quitman, so as to reduce the number of City Commissioners from five to three; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 477. By Mr. Reaves of Brooks: A bill to amend the charter of the City of Quitman so as to authorize the chairman of the board of commissioners to vote on any matter coming before the board when his vote will be decisive; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 483. By Mr. Russell of Thomas: A bill to provide for the creation of fire protection districts in Thomas County outside the corporate limits of any municipality 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 40, nays 0. The bill, having received the requisite constitutional majority, was passed. TUESDAY, MARCH 2, 1965 631 HR 28. By Mr. Hale of Bade: A resolution authorizing the conveyance of permanent easements over certain State owned properties; 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 164. By Mr. Rowland of Johnson: A resolution instructing the State Board of Education to discontinue collection of certain overpayments made to the board of education of Johnson County; and for other purposes. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, the ayes were 30, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage: SB 141. By Senator Thompson of the 34th: A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Bverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended; and for other pur poses. The report of the committee, which was favorable to the passage of the bill, was agreed to. 632 JOURNAL OP THE SENATE, On the passage of the bill, the ayes were 34, nays 1. The bill, having received the requisite constitutional majority, was passed. SB 123. By Senator Fincher of the 51st: A bill to make it unlawful to possess more than two fluid ounces of the drug known as Tincture of Camphorated Opium, and commonly known as Paregoric; to provide for penalties; and for other purposes. The Committee on Health and Welfare offered the following substitute: AN ACT To provide that it shall be ulawful for any person to possess more than two fluid ounces of the drug known as Tincture of Camphorated Opium, and commonly known as Paregoric; to provide that it shall be unlawful for any person to possess any preparation containing more than two grains of codeine or any of its salts; to provide for exemp tions thereto; to provide for penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. It shall be unlawful for any person to have upon his person or in his possession more than two fluid ounces of the narcotic drug, Tincture of Camphorated Opium, which drug is commonly known as and dispensed under the name of Paregoric, and it shall also be unlawful for any person to have upon his person or in his possesssion any preparation containing more than two grains of codeine or any of its salts. Section 2. The provisions of this Act shall not apply to any per son who shall have upon his person or in his possession an amount in excess of two fluid ounces of Tincture of Camphorated Opium, or to any person having in his possession a preparation containing more than two grains of codeine or any of its salts if the container thereof bears a label showing and denoting that the said Tincture of Camporated Opium or codeine has been dispensed by a drug store or pharmacy stating the name of the drug store or pharmacy, the prescription num ber, the date thereof, the name of the licensed physician prescribing the drug, and the name of the patient for whom the prescription was issued, and provided that the name of the patient on the label must be the same as the one in possession thereof; provided, however, that such person does not have on his person or in his possession an amount in excess of the amount so prescribed by the licensed physician. Section 3. The provisions of this Act shall not apply to any per son or his authorized agent legally licensed to dispense, prepare, or administer Tincture of Camphorated Opium or codeine. TUESDAY, MARCH 2, 1965 633 Section 4. 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. 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 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 31, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Pincher of the 51st asked unanimous consent that SB 123 be imme diately transmitted to the House. The consent was granted. SB 93. By Senator Kidd of the 25th: A bill to amend Code section 34-802, relating to certain public officials being elected at the November election, so as to provide that such sec tion shall not apply to members of county governing authorities under certain circumstances; and for other purposes. Senator Carter of the 14th asked unanimous consent that SB 93 be post poned to March 3, 1965. The consent was granted. SR 67. By Senator Webb of the llth: A resolution creating the Alcoholism Study Commission; and for other purposes. 634 JOURNAL OF THE SENATE, The Committee on Rules offered the following amendment: Amend SR 67 in the first sentence of the last paragraph by strik ing the words "per member". On the adoption of the amendment, the ayes were 29, nays 0, and the amendment was adopted. Senator Wesberry of the 37th offered the following amendment: Amend SR 67 by adding a new sentence at the end of said bill as follows: "Provided, however, no funds shall be paid to members of the Commission for travel outside the State of Georgia." On the adoption of the amendment, the ayes were 29, nays 1, and the amend ment was adopted. Senator Webb of the llth offered the following amendment: Amend SR 67 by substituting the word and numeral "twelve (12)" for the word and numeral "eleven (11)"; by substituting the word and numeral "six (6)" for the word and numeral "five (5)"; by add ing immediately following the words "a juvenile court judge," the following: "one (1) of whom shall be a representative of the licensed beverage industry," 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 adoption of the resolution as amended, was agreed to as amended. On the adoption of the resolution, the ayes were 28, nays 7. The resolution, having received the requisite constitutional majority, was adopted as amended. TUESDAY, MARCH 2, 1965 635 SR 48. By Senators Wesberry of the 37th and Maclntyre of the 40th: A resolution designating the State Choir; 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. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has disagreed to the Senate amendment to the following bills of the House to-wit: HB 44. By Messrs. Barber of Jackson, Harris of DeKalb, Jones of Muscogee, and others: A bill to amend Code chapter 74-1 relating to the relationship of parent to child, so as to require certain persons to report any cases of cruel treatment of children which he notices in the examination of any such children; and for other purposes. HB 399. By Messrs. Bagby of Paulding, Floyd of Chattooga, Lane of Bulloch, and many others: A bill to amend an act creating the Department of Public Safety, so as to remove the limitation on the number of officers and men in the battalion; to change the compensation of certain members of the Uni form Division of the Department of Public Safety, etc.; and for other purposes. The House has passed by the requisite constitutional majority the following bills of the House to-wit: HB 508. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty, and Brooks of Fulton: A bill to amend an act known as the "Motor Vehicle Certificate of Title Act", as amended, so as to provide for delivery of the certificate of 636 JOURNAL OF THE SENATE, title and to provide for the delivery of the certificate of title when it is being held by the first security interest or lienholder; and for other purposes. HB 583. By Mr. Pope of Cherokee and others: A bill to amend an act creating emeritus offices for certain State House officials; and for other purposes. The following bill of the House was taken up for the purpose of consider ing House action thereto: HB 399. By Messrs. Bagby of Paulding, Floyd of Chattooga, Lane of Bulloch, Pope of Cherokee, Dean of Polk, Brown of Hart, Williams of Coffee, Bedgood of Clarke, Brooks of Fulton, Johnson of Warren, Gary of Clayton and many others: A bill to amend an act creating the Department of Public Safety, so as to remove the limitation on the number of officers and men in the battalion; to change the compensation of certain members of the Uni form Division of the Department of Public Safety, radio operators, license examiners and members of the Georgia Bureau of Investiga tion; and for other purposes. Senator Webb of the llth moved that the Senate insist on its position, and that a Committee of Conference be appointed. On the motion, the ayes were 28, nays 0. The motion prevailed, and the president appointed as a Committee of Con ference on the part of the Senate the following: Senators Webb of the llth, Gillis of the 20th and Moore of the 31st. SR 64. By Senators Plunkett of the 30th and Carter of the 14th: A resolution to create an "Interim Scholarship Study Committee"; and for other purposes. The Committee on Rules offered the following amendment: Amend SR 64, section (g), by striking the words and figures "thirty (30) days per member", and inserting in lieu thereof the words and figures "fifteen (15) days". TUESDAY, MARCH 2, 1965 637 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 adoption of the resolution as amended, was agreed to. On the adoption of the resolution, the ayes were 32, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. HB 169. By Messrs. Hull of Richmond, Jones of Muscogee, Jones of Liberty and many others: A bill to amend Code section 24-2727 relating to the fees allowed clerks of the Superior Courts, so as to redefine the fees allowed with respect to preparing the record for transmission to the supreme court and court of appeals; and for other purposes. Senator Smalley of the 28th offered the following amendment: Amend HB 169 by striking the words and figures "fifteen dollars ($15.00)" from sections 1 and 2, wherever they appear, and by substi tuting in lieu thereof the words and figures "five dollars ($5.00)." On the adoption of the amendment, the ayes were 29, nays 4, 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 28, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. SR 30. By Senator Kidd of the 25th: A resolution requesting the Georgia delegation to the United States Congress to petition Congress to enact legislation making it illegal 638 JOURNAL OF THE SENATE, for the United States Government to purchase a commodity covered by a valid United States patent from any source other than the patent owner or the holder of a manufacturing license granted by the patent owner; 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 217. By Messrs. Richardson, Shea and Sewell of Chatham: A bill to amend Chapter 40-8 of the Code of Georgia of 1933, as amended, concerning the organization, operation and duties of the Department of Archives and History of this State, so as to authorize and empower the Secretary of State to designate and establish branch depositories; and for other purposes. Senator Maclntyre of the 40th offered the following amendment: Amend HB 217 as follows: Delete lines 11 and 12--''Or the Budget Bureau" and same deletion lines 9 and 10 of Section 1 B. On the adoption of the amendment, the ayes were 36, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, the ayes were 36, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 248. By Messrs. Rhodes of Baker, Jones of Bibb, Luke and Simkins of Richmond and others: A bill to amend section 34-1001, relating to filing notice of candidacy of the Georgia Election Code, so as to change the number of days prior TUESDAY, MARCH 2, 1965 639 to the general election within which any candidate required to accom pany his notice of candidacy with a nomination petition must file such notice; and for other purposes. The report 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 94. By Messrs. Steis of Harris, Harris of DeKalb, and Jones and Brinkley of Muscogee: A bill to amend chapter 68-5 of the Code of Georgia of 1933 concerning the regulation of "motor carriers" so as to increase from $3.00 to $4.00 the fee of the Secretary of State for accepting service of process as an agent for a non-resident motor carrier; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 287. By Mr. Richardson of Chatham: A bill to require all meetings of the governing bodies of municipalities, counties, boards of public instructions, 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 meet ings; and for other purposes. Senator Downing of the 1st asked unanimous consent that HB 287 be post poned to March 3, 1965. The consent was granted. 640 JOURNAL OF THE SENATE, HB 271. By Mr. Hale of Bade: A bill to amend Code chapter 26-63 relating to obscene pictures and written material, so as to provide that any person who shall knowingly sell or exhibit, lend, give away, or who shall have possession of porno graphic or obscene material to any person under age 18 shall be guilty of a felony; and for other purposes. Senator Webb of the llth asked unanimous consent that HB 271 be post poned to March 3, 1965. The consent was granted. HB 288. By Messrs. Richardson, Sewell and Shea of Chatham: A bill to amend an act entitled "An act to incorporate the 'Georgia Historical Society'", so as to designate and name new members of the Society; and for other purposes. Senator Searcey of the 2nd asked unanimous consent that HB 288 be post poned to March 3, 1965. The consent was granted. HB 354. By Mr. Pope of Cherokee: A bill to provide for the inspection and regulation of the sale of anti freeze substances and preparations; and for other purposes. Senator Fincher of the 51st asked unanimous consent that HB 354 be post poned to March 3, 1965. The consent was granted. HB 43. By Mr. Hale of Dade: A bill to amend an act establishing an Employee's Retirement System of Georgia approved February 3, 1949, as amended so as to provide the procedure whereby certain members of the Employee's Retirement System of Georgia may re-establish credits for prior service; and for other purposes. TUESDAY, MARCH 2, 1965 641 The Committee on Rules offered the following substitute: A BILL To be entitled An Act to amend an Act establishing an employees retirement system known as the "Employees Retirement System of Georgia", approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, so as to provide the procedure whereby certain members of the Employees Retirement System of Georgia may re-establish credits for prior service; to provide creditable service for certain members; to authorize the Secretary of the Senate elected by the members of the Senate on January 11, 1965, and the Clerk of the House of Representa tives elected by the members of the House of Representatives on January 11, 1965, and all Secretaries of the Senate and Clerks of the House of Representatives thereafter elected by members of the respective Houses, if not already a member, to become members of the Employees Retire ment System of Georgia; to provide for contributions; 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. An Act establishing an employees retirement system known as the "Employees Retirement System of Georgia", approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, is hereby amended by adding a new subsection to Section 4 to be known as Sub section (16) to read as follows: "(16) Any current member who, having been previously a member with creditable service, and whose membership has here tofore been terminated on account of less than one year of service in a period of five consecutive years as herein provided for, and who has never withdrawn his contributions made during such prior creditable service, may, after five (5) years active service as a contributing member, re-establish such creditable service as he would have been eligible for had his membership not been so termi nated, upon his payment into the System a sum equal to four and one-fourth (4%%) percent interest on the total amount of his contributions during such prior creditable service from the date of the termination of his membership to the date of payment, and such sum shall be placed in the Pension Accumulation Fund." Section 2. Said Act is further amended by adding a new subsec tion to Section 4 to be known as Subsection (17) to read as follows: "(17) The head or member of any State department, commis sion or agency, who is an elective official elected in a general elec tion by the electors of the State at large, the Administrative Head of the State Budget Bureau, the members of the State Board of Pardons and Paroles and the Director of the State Department of Veterans Service, who were in office and who are members of the System on February 1, 1965, shall be eligible for and shall receive prior service credits as now provided by law and creditable service 642 JOURNAL OF THE SENATE, year for year for service as a member of the General Assembly of Georgia or as an employee of the executive branch of State gov ernment after January 1, 1953, upon compliance with the pro visions of this subsection. Employer and employee contributions for such official for the period from January 1, 1953, to January 1, 1965, are hereby determined to be the amount that would have accumulated with interest at four and one-quarter percent com pounded annually as employer and employee contributions during such period had such official been receiving monthly compensation equal to the official's reported monthly earnable compensation for February, 1965. Before being entitled to the prior service credits and creditable service provided herein such official shall pay into the Annuity Savings Fund an amount equal to the amount that would have been paid by such official had he been contributing on compensation for such service from January 1, 1953, as reflected from records in the State audits, less mileage allowance and actual travel expenses. All remaining contributions as herein determined which would have been reported for such official for such service as a member of the General Assembly or as an employee of the executive branch of State government since January 1, 1953, shall be paid by the department, commission or agency in which he is serving on February 1, 1965, from funds appropriated for the operations of such department, commission or agency. Such con tributions shall be paid into the Pension Accumulation Fund in such manner and over such period of time as shall be allowed by the Board of Trustees." Section 3. Said Act is further amended by adding a new para graph at the end of Subsection (7) of Section 3 to read as follows: "Notwithstanding any other provisions of this Act or of any law, the Secretary of the Senate elected by the members of the Senate on January 11, 1965 and the Clerk of the House of Repre sentatives elected by the members of the House of Representa tives on January 11, 1965, and all Secretaries of the Senate and Clerks of the House of Representatives thereafter elected by members of the respective Houses, if not already a member, are hereby authorized to become members of the Employees Retirement System of Georgia established by this Act. "(a) In the event such Secretary or Clerk was a member of the System on January 11, 1965, beginning January 1, 1965, em ployer and employee contributions of such Secretary or Clerk are hereby determined to be based on the total amount received fro:n State funds less mileage allowance and actual travel expenses. In the computation of benefits including Survivors' Benefits (Group Term Life Insurance) payable to an individual, earnable compensa tion will be computed on a calendar year basis and such individual's monthly compensation will be deemed to be one-twelfth of the com pensation reported to the Retirement System for services rendered for that position during the last reported completed calendar year. All rights, credits and funds of said system which are or were possessed by such Secretary or Clerk are hereby continued and it is the expressed intention of the General Assembly that any such Secretary or Clerk shall not lose any rights, credits or funds to which they were entitled prior to being elected and while serv- TUESDAY, MARCH 2, 1965 643 ing as such Secretary or Clerk. Such Secretary or Clerk shall con tinue to be a member of the System subject to the provisions of this paragraph. " (b) In the event such Secretary or Clerk elected on January 11, 1965, was not a member of the System on said date, such Secre tary or Clerk shall become a member of the System by filing an application with the Executive Secretary thereof on or before April 1, 1965. The Secretary or Clerk elected on January 11, 1965, upon becoming a member of the System as herein provided, if not already a member, shall be entitled to and shall receive prior service credits and creditable service as if such Secretary or Clerk was a member of the System on January 1, 1950, upon compliance with the pro visions of this paragraph. Employer and employee contributions for the Secretary or Clerk elected on January 11, 1965, for the period from January 1, 1950 to January 1, 1965, are hereby deter mined to be the amount that would have accumulated with interest at four and one-quarter percent compounded annually as employer and employee contributions during such period had such Secretary or Clerk been receiving monthly compensation equal to one-twelfth of the total sums such Secretary or Clerk received from State funds less mileage allowances and actual travel expenses during the cal endar year 1964 as reflected by State audits. Before being entitled to the prior service credits and creditable service provided herein, such Secretary or Clerk shall pay into the Annuity Savings Fund an amount equal to the amount that would have been paid by such Secretary or Clerk had he been a member of the System receiving monthly compensation from January 1, 1950 through December 31, 1964, as reflected from records of any city court and from State funds as reflected in the State audits less mileage allowance and actual travel expenses. The State Treasurer is hereby authorized and directed to pay all remaining contributions as herein deter mined which would have been reported for such Secretary or Clerk had he become a member on January 1, 1950, to December 31, 1964, from funds appropriated to or otherwise available to the legislative branch of government into the Pension Accumulation Fund in such manner and over such period of time as shall be allowed by the Board of Trustees. Eligibility for and the amount of Survivors' Benefits (Group Term Life Insurance) for such Secretary or Clerk who was not a member on January 11, 1965, shall be based upon the attained age of such person as of the effective date of his mem bership with the System. Beginning January 1, 1965, employer and employee contributions of such Secretary or Clerk are hereby determined to be based on the total amount received from State funds less mileage allowance and actual travel expenses. In the computation of benefits including Survivors' Benefits (Group Term Life Insurance) payable to an individual, earnable compensation will be computed on a calendar year basis and such individual's monthly compensation will be deemed to be one-twelfth of the com pensation reported to the Retirement System for services rendered for that position during the last reported completed calendar year. " (c) All Secretaries of the Senate and all Clerks of the House of Representatives elected subsequent to January 11, 1965, shall become a member of the System upon taking office. The employer 644 JOURNAL OF THE SENATE, and employee contributions of such Secretary or Clerk are hereby determined to be based on the total amount received from State funds less mileage allowance and actual travel expenses. In the computation of benefits including Survivors' Benefits (Group Term Life Insurance) payable to an individual, earnable compensation will be computed on a calendar year basis and such individual's monthly compensation will be deemed to be one-twelfth of the compensation reported to the Retirement System for services ren dered for that position during the last reported completed calendar year. "(d) The State Treasurer is hereby authorized and directed to pay all employer contributions from funds appropriated to or otherwise made available to the legislative branch of government." Section 4. Said Act is further amended by adding a new subsec tion to Section 4 to be known as Subsection (18) to read as follows: "(18) The provisions of this Act or any other law to the con trary notwithstanding, the Assistant Secretary of the Senate as an employee or an official of the legislative branch of government and who was a member of the Retirement System on January 1, 1965, and was eligible for creditable service of 15 years or more shall be eligible for and shall receive creditable service year for year while employed or appointed as an attache, employee or official of the legislative branch of government after January 1, 1946, as reflected by the records of the State Treasury. Provided, however, that creditable service now available to such individual during such time will be deducted from the creditable service herein authorized. Each additional month which may be credited as service by such individual shall, as a condition therefor, require payment of em ployer and employee contributions based upon the member's re ported monthly earnable compensation for December, 1964. The State Treasurer shall, upon receipt of notification by the Retire ment System, pay the required employer contributions from funds appropriated or otherwise available to the legislative branch of government." Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Senator Gayner of the 5th offered the following amendment to the committee substitute: Amend Committee substitute to HB 43 by adding in section 2 the phrases, "The president of the Senate, the Speaker of the House of Representatives" between the phrases "State at Large" and "the administrative head". TUESDAY, MARCH 2, 1965 645 On the adoption of the amendment to the committee substitute, the ayes were 32, nays 0, and the amendment was adopted. On the adoption of the committee substitute as amended, the ayes were 31, nays 8, 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 31, nays 8. The bill, having received the requisite constitutional majority, was passed by substitute as amended. HB 440. By Mr. Clarke of Monroe: A bill to create a public corporation to be known as "The Board of Trustees of the Joint Municipal Employees' Retirement System"; and for other purposes. The Committee on Rules offered the following amendment: Amend HB 440 by striking Section 22 in its entirety and substitut ing in lieu thereof a new Section 22 to read as follows: "Section 22. The Board shall file with each member munici pality an annual written report showing pertinent transactions af fecting its respective account since the last previous such report. Within ninety (90) days of the receipt of such report a member municipality may file written objections with the Board with re spect to any transactions regarding its account as shown in such report." and; By striking Section 23 in its entirety and re-numbering the re maining paragraphs consecutively. On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment was adopted. Senator Wesberry of the 37th offered the following amendment: Amend HB 440 by adding a new paragraph on the end of section 21 as follows: 646 JOURNAL OF THE SENATE, "The auditors shall include in their report their unqualified opinion on the presentation of the financial position and opera tions of the Board. If such auditors are unable to express an unqualified opinion they shall so state and shall further detail reasons for their qualifications or disclaimer including recommenda tions for improvements." On the adoption of the amendment, Senator Wesberry of the 37th 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: Bateman Broun Carter Coggins Dean Downing Edenfield Eldridge Fincher of 54th Flowers Foster Gayner Gillis Hall Holley Jackson Johnson of 38th Kendrick Kidd Kilpatrick Lee Maclntyre Miller Minish Moore McGill McKenzie Noble Padgett Pennington Smalley Spinks Thompson Tribble Ward Webb Wesberry Yancey Young By unanimous consent, verification of the roll call was dispensed with. On the adoption of the amendment, the ayes were 39, nays 0, and the amend ment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to 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. TUESDAY, MARCH 2, 1965 647 HR 11. By Messrs. Simpson of Wheeler and Smith of Telfair: A resolution authorizing the conveyance to Wheeler and Telfair Coun ties of a certain tract of state-owned property; and for other purposes. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, the ayes were 33, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HR 101. By Messrs. Brooks of Fulton and Harris of DeKalb: A resolution authorizing the painting of a portrait of Mary Givens Bryan, former Archivist of the State of Georgia; and for other pur poses. 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 85, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HR 106. By Mr. Smith of Telfair: A resolution authorizing the conveyance of a certain tract of stateowned property located in Telfair County; and for other purposes. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, the ayes were 32, nays 0. The resolution, having received the requisite constitutional majority, was adopted. 648 JOURNAL OP THE SENATE, The following bill of the Senate was taken up for the purpose of consider ing a House substitute thereto: SB 4. By Senators Broun of the 46th, Webb of the llth and Coggin of the 35th: A bill to provide home rule for municipalities; to provide for a short title; to provide method for the creation, dissolution, merger, and boundary changes of municipalities; to provide the procedure connected therewith; and for other purposes. The House substitute was as follows: SB 4. A BILL To be entitled an Act delegating home rule powers to the munici palities of this State under the authority granted the General Assem bly by the Constitution of Georgia, Article XV, Section I, Paragraph I; to reserve to the Legislature the creation, dissolution, merger, and boundary changes of municipalities: to delegate to municipalities the legislative power to govern their property, affairs, and local govern ment; to provide procedures for the amendment of municipal charters and for the recording of such changes; to provide that certain powers and authority are specifically reserved to the General Assembly; to re peal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 This Act may be cited as the Municipal Home Rule Law. SECTION 2 Legislative Intent. It is hereby declared to be the intention of the General Assembly by this Act to delegate to the governing bodies of the municipal corporations of the State such of its legislative powers as will enable them to provide for their own self-government in matters pertaining to their property, local affairs and government; and to re lieve the General Assembly of the necessity for acting on matters of primarily local concern for which no provision is made by general law. This Act and the powers delegated hereby are expressly declared to be pursuant to the authority granted the General Assembly by the Consti tution of Georgia, Article XV, Section I, Paragraph I. SECTION 3 Creation, Dissolution, Merger, Boundary Changes. No municipality shall be incorporated, dissolved, merged or consolidated with any other TUESDAY, MARCH 2, 1965 649 municipality, nor shall the municipal boundaries of any municipality be changed, except by local act of the General Assembly or by such methods as may be provided by general law. SECTION 4 Home Rule for Municipalities (a) The governing authority of each municipality shall have legislative power to adopt reasonable ordi nances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general law and which are not inconsistent with the Constitution or any charter provision applicable thereto. Any such charter provision shall remain in force and effect until amended or repealed as in subsection (b). The General Assembly shall not pass any local law to repeal, modify, or supersede any action taken by a municipal governing authority under this section, except as authorized under subsection (c) hereof, (b) Ex cept as provided in subsection (c), a municipality may, as an incident to its home rule power, amend its charter by following either of the procedures hereinafter set forth: 1. Municipal charters may be amended by ordinances duly adopted at two regular consecutive meetings of the municipal governing au thority not less than seven nor more than sixty days apart. A notice containing a synopsis of the proposed amendment shall be published in the official organ of the county of the legal situs of the municipality or in a newspaper of general circulation in the municipality once a week for three weeks within a period of sixty days immediately preced ing its final adoption. Such notice shall state that a copy of the pro posed amendment is on file in the office of the clerk or the recording officer of the municipal governing authority and the office of the clerk of the superior court of the county of the legal situs of said municipali ties for the purpose of examination and inspection by the public. No amendment hereunder shall be valid to change or repeal an amend ment adopted pursuant to a referendum as provided in subparagraph (2) of this subsection or to change or repeal a local act of the General Assembly ratified in a referendum by the electors of such municipality unless at least twelve months have elapsed after such referendum. No amendment hereunder shall be valid if provision has been made therefor by general law. 2. Amendments to such charters or amendments to or repeals of such ordinances, resolutions or regulations adopted pursuant to sub section (a) hereof may be initiated by a petition filed with the govern ing authority of the municipality containing, in cases of municipalities with a population of five thousand or less, the signatures of at least twenty-five per centum of the electors registered to vote in the last general municipal election; in cases of municipalities with a population of more than five thousand but not more than one hundred thousand, at least twenty per centum of the electors registered to vote in the last general municipal election; and in cases of a municipality with a popu lation of more than one hundred thousand, at least fifteen per centum of the electors registered to vote in the last general municipal election; which petition shall specifically set forth the exact language of the proposed amendment to repeal. The governing authority shall determine the validity of such petition. In the event the governing authority de- 650 JOURNAL OF THE SENATE, termines that such petition is valid, it shall be the duty of such authority to issue the call for an election for the purpose of submitting such amendment or repeal to the registered electors of the municipality for their approval or rejection. Such call shall be issued not less than ten nor more than thirty days after the date of the filing of the petition. The governing authority shall set the date of such election for a day not less than sixty nor more than ninety days after the date of such filing. The governing authority shall cause a notice of the date of said election to be published in the official organ of the county of the legal situs of the municipality or in a newspaper of general circulation in the munici pality once a week for three weeks immediately preceding such date. Said notice shall also contain a synopsis of the proposed amendment or repeal and shall state that a copy thereof is on file in the office of the clerk or the recording officer of the municipal governing authority and in the office of the clerk of the superior court of the county of the le^al situs of said municipality for the purpose of examination and inspection by the public. The expense of such election shall be borne by the municipality and it shall be the duty of the governing authority to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections of the municipality, except as otherwise provided herein. It shall be the duty of the governing authority to canvass the returns and declare and certify the result of the election. It shall be the further duty of the governing authority to certify the result thereof to the Secretary of State. If more than one-half of the votes cast on such question are for approval of the amendment or repeal and the total number cast is 51% or more of the registered voters registered within the governing authori ty it shall become of full force and effect, otherwise it shall be void and of no force and effect. Provided, however, that the method of amending a municipal charter or repealing an amendment to a municipal charter provided for in this paragraph shall not be utilized more often than once in any one calendar year. No amendment hereunder shall be valid if provision has been made therefor by general law. 3. The municipal governing authority shall cause to be filed in the office of the clerk of the superior court of the county which is the legal situs of such municipality a certified copy of any charter amendment adopted under authority of this section together with the published notice required by this section, and, in the case of an amendment ap proved by referendum, a copy of the result of such referendum as certi fied to the Secretary of State. The clerk of said court shall maintain a record book in which such certified copies and such notices shall be systematically filed. Such a charter amendment shall become effective upon such filing unless a later effective date is provided in the amend ment. (c) The power granted to municipalities in subsections (a) and (b) shall not be construed to extend to the following matters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law or the subject of local acts of the General Assembly to the extent that the enactment of such local acts are otherwise permitted under the Constitution. TUESDAY, MARCH 2, 1965 651 1. Action affecting the composition, form, procedure for election or appointment, compensation, expenses and allowances in the nature of compensation, tenure of office and limitations thereon for members of the municipal governing authority. 2. Action defining any criminal offense or providing for criminal punishment other than to define ordinance violations for acts which are not also violations of the criminal laws of this State and to prescribe penalties for such ordinance violations. 3. Action adopting any form of taxation beyond that authorized by law on the effective date of this Act. 4. Action affecting the exercise of the power of eminent domain. 5. Action expanding the power of regulation over any business activity regulated by the Public Service Commission beyond that au thorized by charter or general law on the effective date of this Act. 6. Action changing charter provisions relating to the. establishment and operations of an independent school system. (d) The power granted in subsections (a) and (b) of this section shall not include the power to take any action affecting the private or civil law governing private or civil relationships except as is incident to the exercise of an independent governmental power. SECTION 5 All laws and parts of laws in conflict herewith are hereby repealed. Senator Broun of the 46th moved that the Senate disagree to the House sub stitute to SB 4. On the motion, the ayes were 28, nays 0. The motion prevailed, and the House substitute was disagreed to. HE 110. By Mrs. Merritt and Mr. Blair of Sumter: A resolution authorizing the conveyance of a tract of state-owned prop erty located in Sumter County; and for other purposes. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. 652 JOURNAL OF THE SENATE, On the adoption of the resolution, the ayes were 32, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HR 123. By Mr. Rush of Tattnall: A resolution designating the J. Cliff Kennedy-Reverend Reid B. Purcell 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 32, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HR 143. By Messrs. Etheridge and Brooks of Fulton: A resolution authorizing the transfer of certain real property located in Pulton 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 30, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HR 183. By Mr. McClelland of Fulton: A resolution authorizing the conveyance of a certain tract of state-owned property; and for other purposes. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. TUESDAY, MARCH 2, 1965 653 On the adoption of the resolution, the ayes were 33, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HR 192. By Mr. Paris of Barrow: A resolution authorizing the Governor to convey to the City of Winder an easement for the purpose of operating sewer lines, over and through property owned by the State and operated as part of Fort Yargo 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 32, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following bill of the House was taken up for the purpose of considering House action thereto: HB 44. By Messrs. Barber of Jackson, Harris of DeKalb, Jones of Muscogee, McClelland of Fulton and others: A bill to amend Code chapter 74-1 relating to the relationship of parent to child, so as to require certain persons to report any cases of cruel treatment of children which he notices in the examination of any such children; and for other purposes. Senator Smalley of the 28th moved that the Senate insist on its position in amending HB 44, and respectfully asked that a Committee of Conference be appointed. The president appointed as a Committee of Conference on the part of the Senate the following: Senators Smalley of the 28th, Gayner of the 5th and Maclntyre of the 40th. 654 JOURNAL OF THE SENATE, SR 65. By Senators Carter of the 14th, Gillis of the 20th, Plunkett of the 30th, Yancey of the 33rd and Smalley of the 28th: A resolution requesting the Legislative Services Committee of the Gen eral Assembly of Georgia to employ a Budget Analyst; and for other purposes. Adopted. The following resolutions were read and adopted: SR 68. By Senators Young of the 13th, Spinks of the 9th, Holloway of the 12th and the entire Senate membership: A resolution commending the Thomasville and Thomas County Chamber of Commerce in selecting Senator William H. Flowers as "Man of the Year"; and for other purposes. SR 70. By Senators Maclntyre of the 40th, Sanders of the 41st, Coggin of the 35th, Wesberry of the 37th, Johnson of the 38th, Ward of the 39th and Salome of the 36th: A resolution commending the Atlanta-Buckhead Red Devils Football Team; and for other purposes. SR 72. By Senator Wesberry of the 37th: A resolution commending Joe Bartlett; and for other purposes. SR 73. By Senator Plunkett of the 30th: A resolution expressing regrets at the passing of Honorable Marvin Cleveland Roop of Carroll County; and for other purposes. HR 175. By Messrs. McDaniell, Duncan and Jordan of Cobb and others: A resolution urging the construction of an underpass just north of the Lockheed Georgia Aircraft Corporation at the intersection of South Cobb Drive (Ga. Highway 280) and Fairgrounds Street in Cobb Coun ty, Marietta, Georgia; and for other purposes. HR 196. By Messrs. Brown of Bacon, Floyd of Chattooga, Moore of Stephens and others: A resolution commending Honorable Alfred W. Tate, Manager of the Regional Office of the Veterans Administration in Atlanta, Georgia; and for other purposes. TUESDAY, MARCH 2, 1965 655 HR 200. By Mr. Bolton of Spalding: A resolution urging the renunciation of the Warsaw Convention; and for other purposes. HR 228. By Messrs. Smith of Emanuel and Matthews of Clarke: A resolution expressing regrets at the passing of Bill Munday; 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 following bill of the Senate to-wit: SB 4. By Senators Broun of the 46th, Webb of the llth, and Coggin of the 35th: A bill to provide home rule for municipalities; to provide for a short title; to provide methods for the creation, dissolution, merger, and boundary changes of municipalities; to provide the procedure connected therewith; and for other purposes. The House insists on its position on the following bill of the House and re spectfully asks that a Committee of Conference be appointed: HB 399. By Messrs. Bagby of Paulding, Floyd of Chattooga, Lane of Bulloch and many others: A bill to amend an act creating the Department of Public Safety, so as to remove the limitation on the number of officers and men in the bat talion; to change the compensation of certain members of the Uniform Division of the Department of Public Safety, radio operators, license examiners and members of the Georgia Bureau of Investigation; and for other purposes. The Speaker, on the part of the House, has appointed as a Committee of Conference the following members: Mr. Bagby of Paulding Mr. Ployd of Chattooga Mr. Murphy of Haralson 656 JOURNAL OF THE SENATE, Senator Gordy of the 15th, Chairman of the Committee on Senate Adminis trative Affairs, submitted the following report: Mr. President: Your Committee on Senate Administrative Affairs has read and examined the following bills and/or resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for trans mission to the House of Representatives: SB 4. SB 72. SB 82. SB 91. SR 49. . Respectfully submitted, Gordy of the 15th District, Chairman. Senator Gordy of the 15th, Chairman of the Committee on Administrative Affairs, submitted the following report: Mr. President: Your Committee on Senate Administrative Affairs, has read and examined the following bills and/or resolutions of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for trans mission to the Governor: SB 2. SB 6. SR 33. Respectfully submitted, Gordy of the 15th District, Chairman. Senator Webb of the llth 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. WEDNESDAY, MARCH 3, 1965 657 Senate Chamber, Atlanta, Georgia, Wednesday, March 3, 1965. The Senate met pursuant to adjournment at 10:30 o'clock this morning, and was called to order by the president. Scripture reading and prayer was offered by the chaplain, Dr. Robert Jack son, pastor, First Baptist Church, Dalton, Georgia. The roll was called, and the following senators answered to their names: Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Maclntyre Miller Minish Moore McGill McKenzie Noble Padgett Pennington Plunkett Rowan Salome Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young 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 Webb of the llth 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. 658 JOURNAL OF THE SENATE, The consent was granted. The following message was received from the House through Mr. Ellard the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills and resolutions of the House & Senate to-wit: HB 504. By Mr. Lovett of Laurens: A bill to amend an act creating a new charter for the City of Dublin, so as to redefine the territorial limits of the wards within the said city; and for other purposes. HB 538. By Mr. Herndon of Appling: A bill to amend an act creating a board of commissioners of roads and revenues for Appling County, so as to provide for an annual audit; and for other purposes. HB 540. By Mr. Jessup of Bleckley: A bill to abolish the present mode of compensating the sheriff of Bleck ley County, known as the fee system; and for other purposes. HB 541. By Mr. Byrd of Walton: A bill to amend an act creating a board of commissioners of roads and revenues for Walton County, so as to change the compensation of the members of the board except the chairman; and for other purposes. HB 543. By Mr. Looper of Dawson: A bill to provide for supplemental compensation for the Ordinary of Dawson County; and for other purposes. HB 545. By Mr. Duncan of Fannin: A bill to abolish the present method of compensating the sheriff of Fannin County, known as the fee system; and for other purposes. HB 548. By Messrs. Bowen, Harris and Farrar of DeKaJb: A bill to amend an act amending Code Section 92-6201 providing for the time for making tax returns in certain counties, so as to provide WEDNESDAY, MARCH 3, 1985 659 that the Tax Commissioner may extend the time for filing tax returns and may eliminate the penalty for failure to timely file on motor vehi cles; and for other purposes. HB 553. By Mr. Knight of Laurens: A bill to amend an act providing a new charter for the town of Dexter, so as to change the date for holding municipal elections; and for other purposes. HB 557. By Messrs. Alien and Branch of Tift: A bill to amend an act creating a Small Claims Court in each county in this State having a population of not less than 23,000 and not more than 23,699, so as to clarify the provisions relative to and under which a county may be included therein; and for other purposes. HB 563. By Messrs. McClelland, Etheridge and Brooks of Pulton: A bill to fix the salaries of the Judges of Juvenile Courts in counties having a population of 500,000 or more; and for other purposes. HB 564. By Messrs. McClelland, Brooks and Etheridge of Pulton: A bill to be an Act to fix the compensation of ordinaries in counties having a population of more than 500,000; and for other purposes. HB 565. By Messrs. McClelland, Brooks and Etheridge of Fulton: A bill to amend an act entitled "An Act to establish the Criminal Court of Atlanta", so as to fix the annual salaries of certain Judges, etc; and for other purposes. HB 566. By Messrs. McClelland and Brooks of Pulton: A bill to amend an act fixing the compensation of commissioners of roads and revenues in counties in this State having a population in ex cess of 500,000, so as to provide that the pay of such commissioners shall be $6,000.00 per annum; and for other purposes. HB 567. By Messrs. McClelland, Brooks and Etheridge of Pulton: A bill to amend an act establishing the Municipal Court of Atlanta, so as to change the compensation of the Judges of said court; and for other purposes. 660 JOURNAL OF THE SENATE, SB 99. By Senator Hall of the 52nd: A bill to amend an act known as the "Floyd County Employees' Pension Code", as amended, so as to change the number of years of service re quired to qualify for benefits under the retirement plan; and for other purposes. SB 116. By Senator Holley of the 22nd: A bill to amend an act entitled "An Act to provide for the appointment of two superior court reporters or court stenographers to the judges of the superior courts in certain counties;", approved April 2, 1963; and for other purposes. SB 124. By Senator Hall of the 52nd: A bill to amend an act to create a new charter and municipal govern ment for the City of Rome, approved August 19, 1918, and the several acts amendatory thereof, as amended, to provide for an increase in the contributions to the Retirement Fund of the City of Rome by the City and certain employees; and for other purposes. HB 112. By Mr. Overby of Hall: A bill to amend an act approved Feb. 19, 1937, as amended, so as to provide for additional grounds and causes for the revocation or suspen sion of licenses to engage in the practice of dentistry in the State of Georgia; and for other purposes. HB 496. By Messrs. Barber of Jackson, Story of Gwinnett, and many others: A bill to amend an act establishing a retirement system for aged and incapacitated teachers in State Public Schools; and for other purposes. HB 497. By Messrs. Smith of Grady, Bolton of Spalding and others: A bill to designate the Georgia Institute of Technology as the State Agency for the establishment and operation of a center to conduct water resources research; and for other purposes. HB 533. By Messrs. Shea of Chatham, Fulford of Terrell, and many others: A bill to amend an act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide that munici palities and counties shall have the authority to require every person, firm or cooperation engaged in the business of selling spirituous liquors at wholesale or retail to pay an annual license fee and to limit the amount thereof; and for other purposes. WEDNESDAY, MARCH 3, 1965 661 HB 554. By Messrs. Busbee of Dougherty, Harris of DeKalb and Wiggins of Carroll: A bill to provide that no judgment decreeing the forfeiture of any ap pearance bond shall be rendered under certain conditions; and for other purposes. HB 558. By Mrs. Merritt of Sumter, Mr. Blair of Sumter and others: A bill to provide for the covering, filling or otherwise making safe abandoned open wells or holes; and for other purposes. HR 185. By Mr. Newton of Jenkins: A resolution authorizing the conveyance of certain State property lo cated in Jenkins County; and for other purposes. The House has passed by substitute, by the requisite constitutional majority, the following bills of the Senate, to-wit: SB 88. By Senators Salome of the 36th, Ward of the 39th, Coggin of the 35th and others: A bill creating a system of traffic courts for each city of the State having a population of more than 300,000; so as to provide additional regulations for the appointment and tenure of judges, associate judges, and solicitor; and for other purposes. SB 22. By Senator Johnson of the 38th: A bill to amend an act establishing the Teachers Retirement System of Georgia, so as to provide for two additional members of the Board of Trustees; and for other purposes. The House has agreed to the Senate amendments to the following bills of the House to-wit: HB 63. By Mr. Conner of Jeff Davis: A bill to amend Title 56 of the Code, relating to the regulation of the insurance industry, so as to provide for annual reports to the Commis sioner by insurers concerning their affairs and operations; and for other purposes. 662 JOURNAL OF THE SENATE, HB 244. By Messrs. Vaughan and Harris of Bartow: A bill to amend an act placing the compensation of the sheriff, the clerk of the superior court, and the ordinary on a salary basis, so as to change the number of deputies to be appointed by the sheriff; and for other purposes. HB 420. By Messrs. Smith of Camden, Thomas of Wayne, Smith of Glynn and many others: A bill to provide an additional supplement to the salary of the Judge of the Superior Courts of the Brunswick Judicial Circuit; to apportion the amount thereof among the several counties of the Circuit; to provide an effective date; and for other purposes. HB 556. By Mr. Caldwell of Upson: A bill to amend an Act entitled "An Act to comprehensively and ex haustively revise, supersede, and modernize appellate and other posttrial procedure in civil and criminal cases;" approved Feb. 19, 1965; and for other purposes. The following bills and resolutions were introduced, read the first time, and referred to committees: SB 172. By Senator Kidd of the 25th: A bill to amend Chapter 56-13 of the Code of Georgia, 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 casualty, property, marine and transportation in surance companies; to provide for the deduction of such fees and taxes paid to municipal corporations from the taxes paid to the state; and for other purposes. Referred to Committee on Banking and Finance. SB 173. By Senator Hall of the 52nd: A bill to amend an act creating a new charter and municipal government for the City of Rome, as amended, so as to enlarge the present city boundaries and corporate limits by the annexation of certain described property adjacent to the present city limits; and for other purposes. Referred to Committee on County and Municipal Governments. SB 174. By Senator McKenzie of the 17th: A bill to amend an act establishing a State Employees' Retirement Sys tem, so as to provide for inclusion as service credits service rendered WEDNESDAY, MARCH 3, 1965 663 after age sixty-five (65) until a maximum of twenty-five (25) years service is reached; and for other purposes. Referred to Committee on Rules. SB 175. By Senator Fincher of the 51st: A bill to amend Section 84-1031 of the Code of Georgia, to provide for an increase of per diem pay for the Board of Examiners of Practical Nurses of Georgia; and for other purposes. Referred to Committee on Health and Welfare. SB 176. By Senator Rowan of the 8th: A bill to amend an act relating to motor vehicle licenses approved December 24, 1937, so as to provide a maximum license fee for private trucks hauling livestock; to repeal conflicting laws; and for other purposes. Referred to Committee on Public Utilities and Transportation. SB 177. By Senator Rowan of the 8th: A bill to amend Code Section 92-1403, relating to the levy of the motor fuel tax and exemptions therefrom, so as to provide that the person purchasing motor fuel for use in aircraft motors for aviation purposes shall be entitled to the refund; and for other purposes. Referred to Committee on Public Utilities and Transportation. SB 178. By Senator Pennington of the 45th: A bill to amend Code Section 47-102, relating to State Senatorial Dis tricts, so as to remove the provision requiring Senators in those Sena torial Districts consisting of less than one county to be elected by all the voters of the county in which such Senatorial District is located; and for other purposes. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment. SB 179. By Senator Webb of the llth: A bill to amend Chapter 68-99 of the Georgia Code of 1933 which pro vides criminal sanction against any person violating the Motor Vehicle Laws of the State of Georgia, which shall make it a felony punishable as provided in Section 26-3914 of the Georgia Code of 1933, to alter or forge any certificate of motor vehicle registration issued by the State Revenue Commissioner under the terms of Motor Vehicle Laws of the State of Georgia; and for other purposes. Referred to Committee on Judiciary. 664 JOURNAL OF THE SENATE, SB 180. By Senators Gayner of the 5th, Padgett of the 23rd, and Downing of the 1st: A bill to remedy a cause of unemployment and economic insecurity within the State of Georgia; and for other purposes. Referred to Committee on Industry and Labor. SB 181. By Senators Wesberry of the 37th, Maclntyre of the 40th, Ward of the 39th, Coggin of the 35th, and Thompson of the 34th: A bill to amend Code Section 92-5001, relating to interests on taxes due the State and County, so as to provide that in certain counties the minimum interest payment shall be one dollar; to repeal conflicting laws; and for other purposes. Referred to Committee on County & Municipal Governments. SB 182. By Senators Johnson of the 38th, Coggin of the 35th, Wesberry of the 37th, and others: A bill to amend Code Section 61-302, relating to the issuance of dispossessory warrants or processes against tenants holding possession of lands and tenements over and beyond the term for which the same were rented or leased, so as to provide for the executive of dispossessory warrants in certain counties; and for other purposes. Referred to Committee on Judiciary. SB 183. By Senator Yancey of the 33rd: A bill to amend an act creating the Cobb Judicial Circuit, so as to add one additional assistant solicitor-general, thereby increasing to two the number of assistant solicitors-general for the Cobb Judicial Circuit; and for other purposes. Referred to Committee on Judiciary. SB 184. By Senator Rowan of the 8th: A bill to amend an act creating the Teachers' Retirement System of Georgia, so as to further define earnable compensation; and for other purposes. Referred to Committee on Educational Matters. SB 185. By Senator Webb of the llth: A bill to amend an act creating the positions of Chief Justice Emeritus and Associate Justice Emeritus, so as to provide that the prohibition against appointment as Justice Emeritus shall not apply to any person holding the office of Judge of the Court of Appeals on April 1, 1965, who is subsequently appointed as a Justice of the Supreme Court; and for other purposes. Referred to Committee on Rules. WEDNESDAY, MARCH 3, 1965 665 SB 188. By Senator Hall of the 52nd: A bill to amend an act placing the clerk of the superior court, ordinary, and sheriff of Ployd County, Georgia, on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the clerk of the superior court, ordinary, and sheriff of Floyd County; and for other purposes. Referred to Committee on County and Municipal Governments. SB 189. By Senator Hall of the 52nd: A bill to amend an act abolishing the offices of tax receiver and tax collector of Ployd County and creating in lieu thereof the office of tax commissioner of Floyd County, so as to change the compensation of the tax commissioner; and for other purposes. Referred to Committee on County and Municipal Governments. SR 74. By Senator Gayner of the 5th: A resolution authorizing the Governor to execute a lease in behalf of the State of Georgia of certain property conveyed to the State by Glynn County to be used as a site for construction of an armory for the Geor gia Air National Guard, with one hundred (100) percent Federal funds; and for other purposes. Referred to Committee on Rules. SR 75. By Senator Spinks of the 9th: A resolution proposing an amendment to the Constitution, so as to au thorize Tift County to levy a tax not exceeding two mills on all of the taxable property in the county for the purpose of creating a fund to be used by the Tift County Development Authority in accordance with its powers and purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to Committee on Rules. SB 190. By Senator Miller of the 43rd: A bill to provide that the governing authority of any county having a population of not less than 250,000 and not more than 500,000 according to the 1960 Decennial Census or any future such decennial census shall be authorized to employ certified public accountants for the purpose of making an outside independent audit of the books, records, accounts and affairs of any such county; to provide exceptions; and for other purposes. Referred to Committee on Rules. 666 JOURNAL OF THE SENATE, HB 112. By Mr. Overby of Hall: A bill to amend an act approved Feb. 19, 1937 (Ga. Laws 1937, p. 627), as amended, so as to provide for additional grounds and causes for the revocation or suspension of licenses to engage in the practice of den tistry in the State of Georgia after due notice and hearing by the Board of Dental Examiners of Georgia; and for other purposes. Referred to Committee on Health and Welfare. HB 496. By Messrs. Barber of Jackson, Story of Gwinnett, Vaughn of Rockdale, Dunwody of Bibb and others: A bill to amend an act establishing a retirement system for aged and incapacitated teachers in the State Public Schools, so as to change the allowance which a member shall receive upon service retirement; and for other purposes. Referred to Committee on Educational Matters. HB 497. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty, Brooks of Fulton and Matthews of Clarke: A bill to designate the Georgia Institute of Technology as the State Agency for the establishment and operation of a center to conduct water resources research, and to make findings and recommendations; and for other purposes. Referred to Committee on Educational Matters. HB 504. By Mr. Lovett of Laurens: A bill to amend an act creating a new charter for the City of Dublin, so as to redefine the territorial limits of the wards within the said city; and for other purposes. Referred to Committee on County and Municipal Governments. HB 533. By Messrs. Shea of Chatham, Fulford of Terrell, Jones and Pickard of Muscogee, Knight of Berrien, Smith of Camden, Dunwody and Laite of Bibb, Anderson of Pulaski 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 provide that munici palities and counties shall have the authority to require every person, firm or corporation engaged in the business of selling spirituous liquors at wholesale or retail to pay an annual license fee and to limit the amount thereof; and for other purposes. Referred to Committee on Temperance. WEDNESDAY, MARCH 3, 1965 667 HB 538. By Mr. Herndon of Appling: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Appling County, so as to provide for an annual audit; and for other purposes. Referred to Committee on County and Municipal Governments. HB 540. By Mr. Jessup of Bleckley: A bill to abolish the present mode of compensating the sheriff of Bleckley County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 541. By Mr. Byrd of Walton: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Walton County, so as to change the compensation of the members of the board except the chairman; and for other pur poses. Referred to Committee on County and Municipal Governments. HB 543. By Mr. Looper of Dawson: A bill to provide for supplemental compensation for the ordinary of Dawson County; and for other purposes. Referred to Committee on County and Municipal Governments. HB 545. By Mr. Duncan of Fannin: A bill to abolish the present method of compensating the sheriff of Pannin County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 548. By Messrs. Bowen, Harris and Farrar of DeKalb: A bill to amend an act amending Code section 92-6201 providing for the time for making tax returns in certain counties, so as to provide that the tax commissioner may extend the time for filing tax returns and may eliminate the penalty for failure to timely file on motor vehicles; and for other purposes. Referred to Committee on County and Municipal Governments. HB 553. By Mr. Knight of Laurens: A bill to amend an act providing a new charter for the Town of Dexter, so as to change the date for holding municipal elections; and for other purposes. Referred to Committee on County and Municipal Governments. 668 JOURNAL OF THE SENATE, HB 554. By Messrs. Busbee of Dougherty, Harris of DeKalb and Wiggins of Carroll: A bill to provide that no judgment decreeing the forfeiture of any appearance bond shall be rendered if it is shown to the satisfaction of the court that the principal was prevented by some physical disability or by his incarceration from attending the proceedings upon which the bond is conditioned; and for other purposes. Eeferred to Committee on Rules. HB 558. By Mrs. Merritt of Sumter, Messrs. Blair of Sumter, Murphy of Haralson, Wiggins of Carroll, Alien of Tift and Rush of Tattnall: A bill to provide for the covering, filling or otherwise making safe abandoned open wells or holes; and for other purposes. Referred to Committee on Judiciary. HB 557. By Messrs. Alien and Branch of Tift: A bill to amend an act creating a Small Claims Court in each county in this State having a population of not less than 23,000 and not more than 23,699, so as to clarify the provisions relative to and under which a county may be included therein; and for other purposes. Referred to Committee on County and Municipal Governments. HB 563. By Messrs. McClelland, Etheridge and Brooks of Pulton: A bill to fix the salaries of the judges of juvenile courts in counties having a population of 500,000 or more; and for other purposes. Referred to Committee on County and Municipal Governments. HB 564. By Messrs. McClelland, Brooks and Etheridge of Fulton: A bill to fix the compensation of ordinaries in counties having a popula tion of more than 500,000; and for other purposes. Referred to Committee on County and Municipal Governments. HB 565. By Messrs. McClelland, Brooks and Etheridge of Fulton: A bill to amend an act entitled "An act to establish the Criminal Court of Atlanta", so as to adjust, increase and fix the annual salaries of the judges and the solicitor general of said Criminal Court of Fulton County; and for other purposes. Referred to Committee on County and Municipal Governments. WEDNESDAY, MARCH 3, 1965 669 HB 566. By Messrs. McClelland and Brooks of Fulton: A bill to amend an act fixing the compensation of commissioners of roads and revenues in counties in this State having a population in excess of 500,000, so as to provide that the pay of such commissioners shall be $6,000 per annum, payable in equal monthly installments; and for other purposes. Referred to Committee on County and Municipal Governments. HB 567. By Messrs. McClelland, Brooks and Etheridge of Pulton: A bill to amend an act establishing the Municipal Court of Atlanta, so as to change the compensation of the judges of said court; and for other purposes. Referred to Committee on County and Municipal Governments. HR 185. By Mr. Newton of Jenkins: A resolution authorizing the conveyance of certain State property located in Jenkins County; and for other purposes. Referred to Committee on Rules. HB 420. By Messrs. Herndon of Appling, Thomas of Wayne, Smith and Harris of Glynn and others: A bill to provide an additional supplement to the salary of the judge of the Superior Courts of the Brunswick Judicial Circuit; and for other purposes. Referred to Committee on Rules. HB 556. By Mr. Caldwell of Upson: A bill to amend an act entitled "An act to comprehensively and ex haustively revise, supersede and modernize appellate and other posttrial procedure in civil and criminal cases;" approved February 19, 1965, being Act No. 16 of the regular 1965 session of the General As sembly; and for other purposes. Referred to Committee on Judiciary. The following bills and resolutions were read the second time: SB 163. By Senator Thompson of the 34th: A bill to amend an act known as the "Children and Youth Act", so as to change the provisions in regard to the supervision of day care serv ices for the care and protection of children whose parents are absent from the home or are unable for other reasons to provide for parental supervision; and for other purposes. 670 JOURNAL OF THE SENATE, SB 164. By Senators Wesberry of the 37th, Johnson of the 38th, Ward of the 39th, and others: A bill to amend an act establishing a new charter for the City of Atlanta, and the several acts amendatory thereof, and for other pur poses. SB 165. By Senator Tribble of the 3rd: A bill to amend the charter of the Town of Pooler and other acts amendatory thereto incorporating and reincorporating and fixing and prescribing and extending the corporate limits of said town and other purposes. SB 166. By Senator Johnson of the 38th: A bill to amend an act providing for the giving of security by owners and operators of motor vehicles, so as to remove the provision requir ing the filing of proof of financial responsibility upon the second or subsequent conviction of certain offenses; and for other purposes. SB 167. By Senators Maclntyre of the 40th, Lee of the 47th, and McKenzie of the 17th: A bill to amend an act entitled the "Georgia Insurance Code of 1960", so as to provide that insurers may invest in the capital stock of small business investment companies licensed under the Federal Small Busi ness Investment Act of 1958, as amended, and may participate in loans and investments made by any such small business investment companies; and for other purposes. SB 168. By Senator Minish of the 48th: A bill to amend an act incorporating the City of Commerce in the County of Jackson, so as to provide that the marshal or chief of police, night watchman, and police officers of the City of Commerce shall hold office until removed for cause; and for other purposes. SB 169. By Senator Tribble of the 3rd: A bill to create within the area of Chatham County known as "Isle of Hope" a water, fire, sanitation and sewerage district; and for other purposes. SB 170. By Senator Johnson of the 38th: A bill to amend Code Section 88-506, relating to the judicial procedure for involuntary hospitalization of a mentally ill person, so as to pro vide that the ordinary may, at any time, order the sheriff of such county to take the alleged mentally ill person in custody if he deems it neces- WEDNESDAY, MARCH 3, 1965 671 sary for the protection of the alleged mentally ill person or others, or upon an affidavit of a physician; and for other purposes. SB 171. By Senator Gordy of the 15th: A bill to amend Code Chapter 88-17, providing a complete and compre hensive vital records law for the State of Georgia, so as to change the provision relative to the preparation of a certificate of adoption and the furnishing of information relative thereto; to remove the provision authorizing the Department of Public Health to disclose data contained in vital records for research purposes; to change the provision specifying to whom full certified copies of birth certificates shall be issued; to repeal conflicting laws; and for other purposes. SR 69. By Senator Dean of the 6th: A resolution to relieve I. E. Reddish as security on a bond; and for other purposes. SR 71. By Senator Webb of the llth: A resolution relative to the Resources Advisory Board, Southeast River Basins, so as to authorize the Board to enter into agreements relative to providing old-age and survivors insurance coverage to the employees of said Board; to authorize the expenditure of funds; to provide for matters relative thereto; to repeal conflicting laws; and for other purposes. HB 29. By Mr. Dean of Polk: A bill to authorize the Governor to offer a reward for information leading to the arrest and conviction of slayers of law enforcement officers; and for other purposes. HB 102. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A bill to amend an act known as the "Statewide Probation Act", so as to provide for an officer in charge where two or more are assigned to the same office or to the same division within a judicial circuit; and for other purposes. HB 104. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A bill to amend chapter 92-33 of the Code of Georgia of 1933 relating to payment, deficiencies, assessment and collection of the income tax, so as to clarify section 92-3303 (f) extending the time within which tax may be assessed or refunds claimed as to any taxable period for which corrections have been made by the Federal Internal Revenue Service; and for other purposes. 672 JOURNAL OF THE SENATE, HB 133. By Messrs. Bedgood and Matthews of Clarke, Moate of Hancock, Overby of Hall, Poss of Madison, Rowland of Johnson, Simpson of Wheeler, Smith of Whitfield, Steis of Harris and others: A bill to amend an act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to change the compensation allowed to the dealer for collecting, accounting for and remitting the tax levied by said act; and for other purposes. HB 188. By Messrs. Byrd of Walton, Wells of Oconee, Lee of Clinch and Lambert of Morgan: A bill to amend Code section 39-1105, relating to rates to be allowed to publishers for publishing legal advertisements, so as to make uniform the rates to be allowed to the publishers for publishing legal advertise ments in any and all counties of Georgia; and for other purposes. HB 197. By Messrs. Tucker of Henry, Stalnaker of Houston, Herndon of Appling, Arnsdorff of Effingham, Steis of Harris, Vaughan and Harris of Bartow: A bill to amend Code chapter 84-4, relating to barbers, manicurists, barber shops, barber schools and barber colleges and creating a Georgia State Board of Barbers, so as to provide additional powers to the Geor gia State Board of Barbers; and for other purposes. HB 226. By Messrs. Ware of Troup, Smith and Mitchell of Whitfield, Williams of Hall, Harrell of Fayette and Lee of Clayton: A bill amending an act amending section 92-5301 of the Code of Georgia of 1933 by changing the classes and amounts of commissions allowed to tax-receivers and tax-collectors of State and county taxes, so as to provide for the disposition of the commissions on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest; and for other purposes. HB 325. By Messrs. Clark and Tucker of Catoosa: A bill to provide that a deputy sheriff shall be ineligible to serve as a grand or traverse juror during the term of his appointment and for two years thereafter; and for other purposes. HB 395. By Messrs. Harris and Farrar of DeKalb: A bill to amend an act placing the solicitor general of the Stone Moun tain Judicial Circuit on a salary basis in lieu of a fee basis, so as to change the provisions relative to the compensation of the solicitor general; and for other purposes. WEDNESDAY, MARCH 3, 1965 673 HB 422. By Messrs. Newton of Colquitt, Lowrey of Floyd and Milhollin of Coffee: A bill to repeal an act entitled "An act providing for an excise tax on all oleomargarine containing any fat and/or oil ingredient other than any of the following fats and/or oils, namely: Oleo oil from cat tle, oleo stock from cattle, oleo stearine from cattle, neutral lard from hogs, peanut oil, pecan oils, corn oil, cottonseed oil, soya bean oil, or milk fat"; and for other purposes. HB 475. By Messrs. Duncan, McDaniell and Jordan of Cobb: A bill to authorize certain counties in this State to establish and main tain a law library for the use of the judges, solicitors, ordinaries and other officers of the courts of said counties; and for other purposes. HB 478. By Messrs. Howell of Early, Smith of Emanuel, Snow of Walker, NeSmith of Meriwether, Parker of Screven, Holder of Dodge, McKemie of Clay and others: A bill to amend an act entitled "Uniform Act Regulating Traffic on Highways"; and for other purposes. HB 492. By Messrs. Smith of Emanuel and Carr of Washington: A bill to amend an act abolishing the fee system as applied to the office of solicitor-general in the Superior Courts of the Middle Judicial Cir cuit, so as to increase the compensation provided therein; and for other purposes. HB 502. 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, so as to change the compensation of the chair man of the board; and for other purposes. HB 503. 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, so as to change the date when the commis sions shall begin their terms of office; and for other purposes. HB 505. By Messrs. Sweat and Dixon of Ware: A bill to amend an act placing the sheriff of the city court of Waycross and Superior Court of Ware County and clerk of the Superior Court, the ordinary, the tax collector and tax receiver of Ware County on a salary system, so as to change the provisions relative to the employ ment of personnel; and for other purposes. 674 JOURNAL OF THE SENATE, HB 506. By Mr. Jones of Liberty: A bill to create and incorporate the Town of Allenhurst and grant a charter to that municipality under that name and style; and for other purposes. HB 514. By Messrs. Odom, Busbee and Hutchinson of Dougherty: A bill to amend an act establishing the City Court of Albany in and for the County of Dougherty, so as to provide for the appointment of more than one judge pro hac vice; and for other purposes. HB 516. By Messrs. Harris, Etheridge and Brooks of Fulton: A bill to amend Code chapter 88-18, relating to hospital authorities, so as to provide for the location of the facility in order to serve effectively counties, municipalities, towns, or cities joining in the creation of a hospital authority; and for other purposes. HB 517. By Mr. Rowland of Johnson: A bill to repeal an act entitled "An act to provide that the tax receiver in certain counties shall be paid from ad valorem school tax collected for the county board of education a commission of 1%% of the net amount collected by the county tax collector;" and for other purposes. HB 518. By Mr. Rowland of Johnson: A bill to amend an act fixing the compensation of certain tax collectors for collecting ad valorem school taxes, so as to change the compensation of certain tax collectors for collecting said taxes; and for other pur poses. HB 521. By Messrs. Shea, Sewell and Richardson of Chatham: A bill to carry into effect the provisions of the Constitutional Amend ment reported in Georgia Laws 1964, p. 986, authorizing the General Assembly to provide that the mayor and aldermen of the City of Sa vannah and Chatham County may contract for the consolidation and combining of the county and city board of tax assessors; and for other purposes. HB 522. By Mr. DeVane of Schley: A bill to abolish the present method of compensating the sheriff of Schley County, known as the fee system; and for other purposes. WEDNESDAY, MARCH 3, 1965 675 HB 527. By Messrs. Clarke of Monroe, Smith of Lamar, Tucker of Henry and Woodward of Butts: A bill to amend an act placing the solicitor-general of the Flint Judicial Circuit on a salary basis in lieu of a fee basis, so as to provide for a contingent allowance for the solicitor-general of said circuit to be paid by the counties composing said circuit pro rata upon the basis of tax able property; and for other purposes. HB 528. By Mr. Carr of Washington: A bill to abolish the present method of compensating the sheriff of Washington County, known as the fee system; and for other purposes. HB 529. 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 provide for centralized purchasing; and for other purposes. HB 530. By Mr. Carr of Washington: A bill to abolish the present method of compensating the clerk of the superior court of Washington County, known as the fee system; and for other purposes. HB 535. By Messrs. Matthews of Colquitt, Johnson of Warren, Mitchell of Whitfield, Anderson of Pulaski and others: A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", so as to change the provisions requiring any vehicle which is used on official business by any person authorized to make arrests for traffic violations in this State, or any county or munici pality thereof, shall be distinctly painted, marked and lettered; and for other purposes. HB 536. By Mr. Anderson of Pulaski: A bill to amend an act creating a new charter for the City of Hawkinsville, so as to authorize the commissioners of said city to sell and convey a certain tract of land; and for other purposes. HR 206. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty, Brooks of Fulton and Lambert of Morgan: A resolution creating an interim study committee on traffic safety; and for other purposes. 676 JOURNAL OP THE SENATE, HB 508. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Pulton: A bill to amend an act known as the "Motor Vehicle Certificate of Title Act", so as to provide for delivery of the certificate of title and to provide for delivery of the certificate of title when it is being held by the first security interest or lienholder; and for other purposes. HB 583. By Messrs. Pope of Cherokee, Thomason of Pickens, Otwell of Porsyth and Duncan of Fannin: A bill to amend an act creating emeritus offices for certain State House officials; and for other purposes. HR 147. By Mr. Etheridge of Fulton: A resolution creating the "Indigent Defendant Study Committee"; and for other purposes. Mr. Pennington of the 45th District, Chairman of the Committee on Agri culture and Natural Resources, submitted the following report: Mr. President: Your Committee on Agriculture and Natural Resources, has had under con sideration the following bills of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recom mendations : SB 108. Do Pass. SB 131. Do Pass as Amended. SB 151. Do Pass. HB 394. Do Pass. HB 488. Do Pass. Respectfully submitted, Pennington of 45th 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 25. Do Pass. WEDNESDAY, MARCH 3, 1965 677 HE 29. Do Pass. HE 32. Do Pass. HE 68. Do Pass. HE 69. Do Pass. HE 78. Do Pass. HE 80. Do Pass. HE 86. Do Pass. Respectfully submitted, Gillis of 20th District, Chairman. Mr. Johnson of the 42nd District, Chairman of the Committee on Banking and Finance, submitted the following report: Mr. President: Your Committee on Banking and Finance has had under consideration the following bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations: HB 66. Do Pass. HB 67. Do Pass. HB 90. Do Pass. HB 95. Do Pass. HB 241. Do Pass. Respectfully submitted, Johnson of 42nd District, Chairman. Mr. Downing of the 1st District, Chairman of the Committee on County and Municipal Governments, submitted the following report: Mr. President: Your Committee on County and Municipal Governments has had under consideration the following bills of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recom mendations : SB 148. Do Pass. HB 121. Do Pass 678 JOURNAL OP THE SENATE, HB 181. HB 258. HB 268. HB 304. HB 315. HB 323. HB 380. HB 408. HB 443. HB 444. HB 445. HB 446. HB 447. HB 454. HB 455. HB 460. HB 461. HB 462. HB 464. HB 466. HB 470. HB 481. HB 482. HB 489. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass as Amended. Do Pass as Amended. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Respectfully submitted, Downing of 1st District, Chairman. Mr. Kendrick of the 32nd District, Chairman of the Committee on Educa tional Matters, submitted the following report: Mr. President: Your Committee on Educational Matters has had under consideration the following bills of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations: SB 127. SB 139. SB 162. HB 360. Do Pass. Do Pass. Do Pass. Do Pass. Respectfully submitted, Kendrick of 32nd District, Chairman. WEDNESDAY, MARCH 3, 1965 679 Mr. Yancey of the 33rd District, Secretary of the Committee on Judiciary, submitted the following report: Mr. President: Your Committee on Judiciary has had under consideration the following bills and resolutions of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations: SB 106. Do Pass by Substitute. SB 156. Do Pass. SB 160. Do Pass as Amended. SB 171. Do Pass. HB 393. Do Pass. HB 374. Do Pass. HR 24. Do Pass. HR 52. Do Pass. HR 159. Do Pass. HR 160. Do Pass. Respectfully submitted, Yancey of 33rd District, Secretary. Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted the following report: Mr. President: Your Committee on Rules has had under consideration the following bills and resolutions of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations: SB 21. Do Not Pass. SB 75. Do Pass. SB 159. Do Pass. HB 133. Do Pass. HB 285. Do Pass as Amended. HB 383. Do Pass. HR 58. Do Pass. 680 JOURNAL OF THE SENATE, HR 156. Do Not 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 148. By Senator Kidd of the 25th: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Baldwin, approved December 26, 1888 (Ga. Laws 1888, p. 286), as amended, so as to provide that all members of the Board of Commissioners of Roads and Revenues for the county of Baldwin shall be elected by the voters of the entire county; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 380. By Messrs. McDaniell, Duncan and Jordan of Cobb: A bill to amend an act creating a Board of Commissioners of Roads and Revenues of Cobb County, so as to change the provisions relating to meetings of the Commission; and for other purposes. The Committee on County and Municipal Governments offered the following amendment: Amend HB 380 by inserting in Section 2 between the words "coun ty" and "without" in the 13th line thereof the following: "nor shall property or anything of value be conveyed to such Authority in any one year which exceeds the value of $25,000.00" so that when amended said section shall read as follows: WEDNESDAY, MARCH 3, 1965 681 SECTION 2 Said Act is further amended by adding a new Section immediately after Section 11 to be designated Section 11A, to read as follows: "Section 11A. Participation in Rapid Transit Authorities. The Commission shall have no authority to expend any tax funds of Cobb County on Rapid Transit or with the Metropolitan Atlanta Rapid Transit Authority or any similar authority created pur suant to Article XVII, Section I, Paragraphs I, II, III, IV and V of the Constitution of Georgia relating to public transportation of passengers for hire in the metropolitan area of Atlanta, unless a majority of the voters of Cobb County voting in a referendum held for that purpose shall vote for participation in such Rapid Transit Authority; provided, however, the Commission shall appoint such interim member or members to such Authority as may be author ized by the Metropolitan Atlanta Rapid Transit Act of 1965. Not withstanding any approval of participation in such Authority by the voters voting in said referendum, the Commission shall not ex pend more than $25,000.00 annually of the tax funds of Cobb County nor shall property or anything of value be conveyed to such Au thority in any one year which exceeds the value of $25,000.00 with out submitting the question to the voters of said County in a refer endum held for that purpose. The referendums authorized by this Section shall be as provided in the Metropolitan Atlanta Rapid Transit Authority Act of 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 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 408. By Mr. Bynum of Rabun: A bill to place the sheriff of Rabun County upon an annual salary; and for other purposes. The Committee on County and Municipal Governments offered the follow ing amendment: 682 JOURNAL OP THE SENATE, Amend HB 408 by renumbering Section 8 as Section 9 and inserting a new Section 8 between Section 7 and Section 9 to read as follows: "Section 8. Provided, however, for the current year and for the purpose of implementing this Act, the governing authority is empowered to furnish to the sheriff such funds as may be re quested in the sheriff's budget prior to the determination of the reasonableness of any disputed item in said budget by the grand jury, and after such grand jury has determined the reasonableness of any disputed item in said budget, the governing authority may readjust said budget accordingly." On the adoption of the amendment, the ayes were 30, nays 0, and the amend ment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 121. By Mr. Irvin of Habersham: A bill to amend an act relating to the incorporation of the Town of Cornelia, Georgia, so as to change the dividing lines between the wards into which the city is subdivided; and for other purposes. The report 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 181. By Mr. Dickinson of Douglas: A bill to amend an act providing for the abolishing of 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. WEDNESDAY, MARCH 3, 1965 683 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 29, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 258. By Mr. Irvin of Habersham: A bill to amend an act incorporating the Town of Mt. Airy, so as to change the date of the annual election of the mayor and council of said town; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 268. By Mr. Moore of Polk: A bill to amend an act creating and establishing law libraries in coun ties having a population of not less than 30,500 nor more than 31,000 persons, so as to change the population and census figures appearing 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 30, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 304. By Mr. Tidwell of Crawford: A bill to abolish the present method of compensating the sheriff of Crawford County known as the fee system; and for other purposes. 684 JOURNAL OF THE SENATE, The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 315. By Messrs. Conger and Dollar of Decatur: A bill to amend an act creating a new city charter for the City of Bainbridge, so as to provide for the creation of the office of 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 30, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 323. By Messrs. Conger and Dollar of Decatur: A bill to amend an act incorporating the Town of Brinson in Decatur County, so as to provide for biennial rather than annual 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. The bill, having received the requisite constitutional majority, was passed. HB 446. By Mr. Harrell of Fayette: A bill to abolish the present method of compensating the sheriff of Fayette County, known as the fee system; and for other purposes. WEDNESDAY, MARCH 3, 1965 685 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 443. By Mr. Harrell of Fayette: A bill to amend an act consolidating the offices of tax receiver and tax collector of Fayette County into the office of tax commissioner, so as to change the method of compensating the tax commissioner, 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 444. By Mr. Harrell of Fayette: A bill to abolish the present method of compensating the ordinary of Fayette 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 445. By Mr. Harrell of Fayette: A bill to abolish the present method of compensating the clerk of the Superior Court of Fayette County, known as the fee system; and for other purposes. 686 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 447. By Mr. Harrell of Fayette: A bill to amend an act creating a board of commissioners of roads and revenues for Fayette County, so as to make a typographical correction; and for other purposes. The report 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 454. By Mr. Crowe of Worth: A bill to amend an act relating to the establishment of a Small Claims Court in counties in this State having a population of not less than 16,500 and not more than 16,700 so as to change the qualifications of the judge of such 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 455. By Mr. Brantley of Candler: A bill to amend an act establishing the city court of Metter, so as to change the method of filling vacancies in the office of judge; and for other purposes. WEDNESDAY, MARCH 3, 1965 687 The report of the committee, which was favorable to the passage of the S bill, was agreed to. J: On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 460. By Messrs. Harris, Bowen and Farrar of DeKalb: A bill to amend an act creating a new charter for the City of Chamblee, so as to authorize the mayor and council to increase and change the sanitary taxes now authorized to be levied, and to vary the rate of such taxes from time to time; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 461. By Mr. Walker of Lowndes: A bill to amend the charter of the City of Valdosta 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 30, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 462. By Mr. Rainey of Crisp: A bill to amend an act creating a new charter for the City of Cordele, so as to change the form of government from a commission and a city manager to a mayor and council; and for other purposes. 688 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 464. By Messrs. NeSmith of Meriwether and McRae of Talbot: A bill to amend an act incorporating the City of Manchester so as to change the method and procedure of electing the board of commis sioners; and for other purposes. The report 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 466. By Messrs. Gary and Lee of Clayton: A bill to amend an act incorporating the City of Riverdale, so as to make provisions for the city governing authority to secure group insur ance for the employees in the City of Riverdale; and for other purposes. The report 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 470. By Mr. Thomas of Wayne: A bill to amend an act creating a new charter for the City of Odum, so as to authorize the mayor and council to sell and convey to the adjoining landowner all the rights, title and interest of the city of Odum in and to a certain abandoned portion of Mershon Street; and for other purposes. WEDNESDAY, MARCH 3, 1965 689 The report 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 481. By Messrs. Caldwell and Page of Upson: A bill to amend an act creating a new charter for the City of Thomaston, so as to provide that the mayor and city council of said city are authorized to provide by ordinance for the assessment, levy and col lection of ad valorem taxes on all property for the ordinary current expenses of said city such tax as they may deem necessary and proper; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 482. By Messrs. Caldwell and Page of Upson: A bill to amend Code section 92-4101, 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 Thomaston shall not be affected by the provisions of Code sections 92-4101 through 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. 690 JOURNAL OF THE SENATE, HB 489. By Messrs. Blalock and Potts of Coweta: A bill to amend an act changing the compensation of the sheriff, the ordinary, and the clerk of the Superior Court of Coweta County from the fee system to the salary system, so as to change the salary allow ance of the sheriff's deputies and jailers; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage: SB 75. By Senators Broun of the 46th, Rowan of the 8th, Webb of the llth, Lee of the 47th and Smalley of the 28th: A bill to amend the Georgia Election Code, relating to the comprehen sive regulation of federal, state and county elections and of primaries to nominate candidates for federal, state and county offices, approved June 24, 1964 (Ga. Laws, 1964, Extra. Sess., p. 26, et seq.), so as to provide that the names of presidential electors be printed on the ballot in a separate column . . . : and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, Senator 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: Ballew Broun Carter Coggin Dean Downing Eldridge Fincher of 51st Fincher of 54th Flowers Gayner Gillis Holley Holloway Johnson of 42nd WEDNESDAY, MARCH 3, 1965 691 Kendrick Kilpatrick Lee Logging Miller Moore McGill McKenzie Padgett Pennington Plunkett Rowan Sanders Smalley Smith Spinks Webb Yancey Young Those voting in the negative were Senators: Adams Bateman Edenfield Foster Gordy Jackson Maclntyre Salome Searcey Thompson Tribble Ward Wesberry By unanimous consent, verification of the roll call was dispensed with. On the passage of the bill, the ayes were 34, nays 13. The bill, having received the requisite constitutional majority, was passed. Senator Gayner of the 5th moved that the Senate disagree to the adverse report of the Committee on Judiciary on the following bill of the Senate: SB 122. By Senator Gayner of the 5th: A bill to abolish the State Literature Commission; and for other pur poses. On the motion to disagree, Senator Holley of the 22nd 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: Ballew Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 54th Flowers Gayner Hill Holloway Jackson Johnson of 38th 692 Kidd Kilpatrick Lee Loggins Maclntyre Moore JOURNAL OF THE SENATE, McGill McKenzie Padgett Pennington Rowan Searcey Smalley Smith Thompson Webb Young Those voting in the negative were Senators: Adams Bateman Pincher of 51st Gillis Holley Johnson of 42nd Kendrick Plunkett Salome Spinks Tribble Wesberry Yancey By unanimous consent, verification of the roll call was dispensed with. On the motion to disagree, the ayes were 32, nays 13. The motion prevailed, and SB 122 was placed on the calendar. The following bill of the Senate was taken up for the purpose of considering a House substitute thereto: SB 88. By Senators Johnson of the 38th, Salome of the 36th, Ward of the 39th and others: A bill to amend the act creating a system of traffic courts for each city of this State having a population of more than 300,000 by the Federal census of 1950 or by any future Federal census, to provide additional regulations for the appointment and tenure of judges, asso ciate judges and solicitor; to repeal conflicting laws; and for other purposes. The House Committee on Local Affairs offered the following substitute: A BILL To amend the Act creating a system of traffic courts for each city of this State having a population of more than 300,000 by the Federal Census of 1950 or by any future Federal Census, approved February 15, 1955 (Ga. Laws 1955, pp. 2318 et seq), so as to provide additional regulations for the appointment and tenure of Judges, Asso ciate Judges, or Solicitor; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 3, 1965 693 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, and it is hereby enacted by authority of the same that the Act set forth in the caption to this Act be amended by adding thereto the following provisions: Section 1. Whenever a vacancy shall occur in the office of Chief Judge, Associate Judge or Solicitor, the Mayor or other chief executive officer of such City shall fill such vacancy by appointing one of three persons who shall be nominated (and whose names shall be submitted to the Mayor or other chief executive officer) by the Judge, or a ma jority of the Judges of the Superior Court having territorial jurisdic tion of all or the greater part of such City. Section 2. Each Judge or Solicitor shall hold office for a term ending December 31, following the next special election at which he may submit his candidacy for election to succeed himself; provided, however, that such Judge or Solicitor shall not be required to run against his record as hereinafter provided until he has served in such office at least twelve months. Not less than sixty days prior to the holding of any city-wide primary or other city-wide election for the nomination of the city officers for such Cities, any Chief Judge, Associate Judge or Solicitor of such Court may file in the office of the Clerk of the Board of Aldermen or other legislative body a declaration of his can didacy for election to succeed himself. Section 3. Thereupon, it should be the duty of the Mayor or other chief executive officer of such City and the Board of Aldermen or other legislative body of such City to call a special election to be held on the date of such primary, or other election, as above, on the questions here inafter set forth. The name of the Judge or Solicitor who shall file such a declaration shall be submitted at said special election to the qualified voters of such City on a ballot or voting device reading: "Shall Judge or Solicitor (here the name of the Judge or Solicitor shall be inserted) of such (here name the Traffic Court) be retained in office? Yes ____,,____.__ No ,,.,,..._...". (Instructions shall be given on said ballot or voting machine to the voters to scratch "yes" or "no" on the ballot, or vote "yes" or "no" on the voting machine.) If a majority of those voting on the question vote against retaining such Judge or Solicitor in office, a vacancy shall exist upon the expiration of his term and such vacancy shall be filled in the manner above provided; otherwise, said Judge or Solicitor shall, unless removed for cause, remain in office for a term of four years, beginning on January 1 next following such election. On the expiration of each such term he shall be eligible for retention in office by election in the manner here prescribed. Judges or Solicitors rejected at the polls shall not be eligible for reappointment. Section 4. The present Judges or Solicitor of such Traffic Court now in office shall continue in office unless removed for cause until 694 JOURNAL OF THE SENATE, December 31 following any election as hereinbefore provided held after January 1, 1966. They and each of them shall thereafter be eligible for retention in office upon securing a favorable majority of the votes cast in elections held as provided herein. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Senator Salome of the 36th moved that the Senate agree to the House sub stitute to SB 88. On the motion, the ayes were 28, nays 0. The motion prevailed, and the House substitute was agreed to. The following bill of the Senate was taken up for the purpose of considering House substitute thereto: SB 22. By Senator Johnson of the 38th: A bill to amend an act establishing 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; and for other purposes. Messrs. Etheridge of Fulton and Jones of Liberty offered the following sub stitute to SB 22: A BILL To amend an Act establishing 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; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act establishing the Teachers Retirement System of Georgia, approved March 19, 1943 (Ga. Laws 1943, p. 640), as sub sequently amended, is hereby further amended, particularly Section 6 thereof, by striking the word "seven" in the first sentence of sub-sec tion (2) of Section 6 and inserting in lieu thereof the word "nine"; further by changing the period at the end of paragraph (c) of sub- WEDNESDAY, MARCH 3, 1965 695 section (2) to a comma and adding the words "and the Executive-Secre tary of the Georgia Teachers and Education Association, ex-officio.", further by renumbering paragraph (e) of sub-section (2) to (f) and inserting a new paragraph (e) to read: " (e) One member, a school administrator, school principal or classroom teacher, not an employee of said Board of Regents, who shall be elected for a three year term by the Georgia Teachers and Education Association in accordance with such rules as the Board of Trustees shall adopt to govern such election; provided the first member shall be appointed by the Governor to a term expiring June 30, 1965." Further by changing the word "seventh" in the redesignated para graph (f) to the word "ninth", and the word "six" to the word "eight", so that said sub-section (2) of Section 6, when amended, shall read: "(2) The Board of Trustees shall consist of nine trustees as follows: (a) The State Auditor, ex officio. (b) The State Insurance Commissioner, ex officio. (c) The Secretary of the Georgia Education Association, ex officio, and the Executive Secretary of the Georgia Teachers and Education Association, ex officio. (d) One member, a school administrator or a school principal; one member, an employee of the Board of Regents of the Uni versity System of Georgia; and, one member, a classroom teacher not an employee of said Board of Regents. The members referred to in this paragraph shall be elected for a term of three years each by the Assembly of the Georgia Education Association in accord ance with such rules as the Board of Trustees shall adopt to govern such election: Provided, however, that two of the three members herein referred to shall first be appointed by the State Board of Education, one for a term from the date of appointment to June 30, 1944, and one for a term from the date of appointment to June 30, 1946, and the third member shall be first appointed by the Board of Regents to serve for a term from the date of appoint ment to June 30, 1945. (e) One member, a school administrator, school principal or classroom teacher, not an employee of said Board of Regents, who shall be elected for a three year term by the Georgia Teachers and Education Association in accordance with such rules as the Board of Trustees shall adopt to govern such election; provided the first member shall be appointed by the Governor to a term expiring June 30, 1965. (f) The ninth trustee shall be a. citizen of the State, not a member of the retirement system, who shall be experienced in the 696 JOURNAL OF THE SENATE, investment of moneys and who shall be elected by the remaining eight trustees for a term of four years, the first such term to expire June 30, 1967." Section 2. 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 to SB 22. On the motion, the ayes were 28, nays 0. The motion prevailed, and the House substitute was agreed to. HB 278. By Messrs. Williams of Hall, Matthews of Colquitt, Anderson of Pulaski and others: A bill to amend an act entitled "Uniform Act Regulating Traffic on Highways", so as to increase the time within which a vehicle may be allowed to meet the requirements prescribed for a certificate of inspec tion; and for other purposes. The Committee on Highways offered the following substitute: A BILL To be entitled an Act to amend an Act entitled "Uniform Act Regu lating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act ap proved March 17, 1960 (Ga. Laws 1960, p. 590), and an Act approved April 3, 1963 (Ga. Laws 1963, p. 333), so as to increase the time within which a vehicle may be allowed to meet the requirements prescribed for a certificate of inspection; to exempt certain vehicles from the requirements of the inspection law; to provide what equipment shall be inspected on vehicles; to authorize the director to make necessary rules and regulations concerning equipment used by inspectors; to require dealers of motor vehicles to have a certificate of inspection placed on certain vehicles sold after July 1, 1965; to extend the time within which the initial inspections for vehicles shall be made; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act entitled "Uniform Act Regulating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 17, 1960 WEDNESDAY, MARCH 3, 1965 697 (Ga. Laws 1960, p. 590), and an Act approved April 3, 1963 (Ga. Laws 1963, p. 333), is hereby amended by striking from Subsection (c) of Sec tion 124 the figure "5" and inserting in lieu thereof the figure "30", so that when so amended Subsection (c) of Section 124 shall read as follows: "(c) In the event such vehicle is found to be in unsafe condi tion or any required part or equipment is not present or is not in proper repair and adjustment the officer shall give a written notice to the driver and shall send a copy to the department. Said notice shall require that such vehicle be placed in safe condition and its equipment in proper repair and adjustment specifying the par ticulars with reference thereto and that a certificate of inspection and approval be obtained within 30 days." Section 2. Said Act is further amended by striking from Subsec tion (b) of Section 125 the figure "5" and inserting in lieu thereof the figure "30", so that when so amended Subsection (b) of Section 125 shall read as follows: " (b) Every owner or driver, upon receiving a notice as pro vided in Section 124, shall comply therewith and shall within 30 days secure an official certificate of inspection and approval which shall be issued in duplicate, one copy to be retained by the owner or driver and the other copy to be forwarded to the department. In lieu of compliance with this paragraph, the vehicle shall not be operated, except as provided in the next succeeding paragraph." Section 3. Said Act is further amended by striking in its entirety Subsection (a) of Section 126 and substituting in lieu thereof a new Subsection to read as follows: "(a) The director shall once each year require that every motor vehicle, trailer and semi-trailer registered in this State be inspected and that an official certificate of inspection and approval be ob tained for each such vehicle. Provided, however, those trailers or semi-trailers which are built upon a chassis and are designed to be used as a dwelling without a permanent foundation and which exceed a width of 8 feet and a length of 29 feet or a gross weight of 4,500 pounds shall not be subject to the provisions of this Section. "Such inspection shall be made and such certificates obtained with respect to the following equipment of every such vehicle: "(1) BRAKES. The performance ability of brakes shall meet those minimum requirements prescribed by Subsection (b) of Sec tion 115 of this Act. The brakes shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle. In addition, the inspector shall make a visual inspection, without the necessity of disassembly, to insure that the vehicle is free from any leaks in the braking system, that no cables are frayed to any great extent and that the rods are in a safe condi tion, that there is at least 1 inch of pedal reserve for power brakes 698 JOURNAL OP THE SENATE, with the brake applied and at least 2 inches of pedal reserve for regular brakes when applied, that there are no loose hubs or loose stud bolts, and that the fluid level in the master cylinder is ade quate. "(2) LIGHTS. All lights located upon the exterior of the ve hicle shall be in working order. "a. Those vehicles equipped with headlamps shall be inspected to determine that each headlamp burns with at least the minimum candlepower output as follows: 1. For multiple beam headlamps--5,000 candlepowe* 2. For duel headlamp systems--7,000 candlepower. "b. Aim Inspection--Visual Method. For horizontal and verti cal beam, aim sideways and up and down. 1. Any upper beam of a symmetrical beam headlamp (all single--and double-beam lamps such as sealed beam 5%-inch Type 1 and sealed beam 7-inch except Type 2) where the center of the high-intensity zone is: (a) Horizontally more than 6 inches to the right or left of straight ahead. (b) Vertically above or more than 4 inches below the lamp center level. 2. Any lower beam of an asymmetrical beam headlamp such as sealed beam 5%-inch Type 2 and sealed beam 7-inch Type 2 lamps where: (a) Horizontally the left edge of the high-intensity zone is to the left of straight ahead or is more than 6 inches to the right. (b) Vertically the top edge of the high-intensity zone is more than 2 inches above or below the lamp center level. 3. Any symmetrical beam fog lamp where the center of the high-intensity zone is more than 6 inches right or left of straight head, or where the top edge of the high-intensity zone is higher than 2 inches below the fog lamp center level. 4. Any asymmetrical beam fog lamp where the left edge of the high-intensity zone is to the left of straight ahead or is more than 6 inches to the right, or where the top edge of the high-intensity zone is above the fog lamp center level. "c. Aim Inspection--Mechanical Method. WEDNESDAY, MARCH 3, 1965 699 1. Sealed Beam 7-inch except Type 2 and Sealed Beam 5%-inch Type 1 Lamps. (a) Where aim is horizontal (sideways), approval shall be refused if graduation is more than 4 to the right or left of straight ahead. Mechanical aim graduation shall be set at zero straight ahead when a lamp is reaimed. (b) When aim is vertical (up and down), approval shall be refused if graduation is higher than % down or lower than 3% down. Mechanical aim graduation shall be set at 2 down when one is reaiming. 2. Sealed Beam 7-inch Type and 5%-inch Type 2 Lamps. (a) When aim is horizontal (sideways), approval shall be refused if graduation is to the left of straight ahead or more than 6 to the right. Mechanical aim graduation shall be set at % to the right of straight ahead when a lamp is reaimed. (b) When aim is vertical (up and down), approval shall be refused if graduation is higher than % down or lower than 3% down. Mechanical aim graduation shall be set at 2 down when one is reaiming." "(3) TURN SIGNALS. All vehicles which, at the time of the inspection, are equipped with turn signaling devices shall be in working order. "(4) REFLECTORS. All vehicles shall be inspected to insure that all reflectors required by Section 107 of this Act are present and in good order. "(5) WINDSHIELD WIPER BLADES. Every vehicle shall have the windshield wiper located upon the driver's side in good working order, if said vehicle is equipped with a windshield. "(6) REAR VIEW MIRROR. Every vehicle shall have a mir ror so located as to reflect to the driver a view of the highway to his rear. "(7) WINDSHIELD AND WINDOWS. "a. The windshield of every vehicle shall have no obstruction located in the arc created by the windshield wiper on the driver's side of the vehicle, provided, however, a single crack shall not be considered an obstruction. "b. No opaque material shall be employed in lieu of any glass. "c. When any original equipment glass has been replaced on any vehicle, the replacement must meet the standards prescribed by Section 121 of this Act. 700 JOURNAL OF THE SENATE, "d. Provided, however, nothing contained herein shall require that every vehicle shall have a front windshield. "(8) HOKN. Every vehicle shall be equipped with a horn capable of emitting a sound which, under normal conditions, shall be audible from a distance of two hundred feet. "(9) TIRES. All tires shall have measurable tread, free from any breaks. An inspection shall be made to determine if there are loose or missing lug bolts. No vehicle shall be passed if there is visible wheel damage present. Regrooved tires are permitted only upon truck tires. No retreaded tires shall be permitted upon the front wheels of buses. "(10) SEAT BELTS. All 1965 and later model private, pas senger automobiles shall be inspected for and must have two sets of seat belts for the front seat thereof. "(11) STEERING AND WHEEL ALIGNMENT. "a. An inspection shall be made to determine if there is top to bottom looseness present in either front wheel which exceeds threeeighths of an inch. "b. The wheels shall be inspected so that with the wheels pointed straight ahead, if there is an excess of free motion in the steering wheel which exceeds thirty degrees, the vehicle shall be rejected. "c. Subject to the tolerances as provided for above, all front end parts must be tight. "d. The vehicle shall be rejected if the springs are broken, or if there are missing or broken spring bolts or damaged spring hangers. "e. A vehicle shall be rejected if jamming is noted when wheels are turned a full turn to the right or left while the vehicle is jacked. "f. There shall be no leaks in the power steering system. "(12) GENERAL INSPECTION. The vehicle shall be rejected if any of the following defects are detected: "a. Defective or dislocated parts which protrude from the vehicle. "b. All attachments to the vehicle shall be firmly affixed thereto. "c. All hood and door latches shall be in proper working condi tion. WEDNESDAY, MARCH 3, 1965 701 "d. The lower half of the fifth wheel shall have a secure at tachment. "e. The locking mechanism of the fifth wheel shall be in proper working condition and the locking T checked for possible elonga tion. "f. The metal support between the frame flanges at points where U-bolts attach the lower fifth wheel to a truck shall be in good condition as well as the U-bolts. The fifth wheel cross pin shall be checked for excessive play. "(13) ANTIQUE CARS. Vehicles which are thirty years or older and bear historic license plates shall be inspected to insure that the original safety equipment is in good working condition. Technical specifications as set forth in this Section shall not apply to such automobiles. However, if such vehicles are operated at night, they shall meet all the lighting requirements required by this article. "The director is authorized to prescribe by rules and regula tions the type and kind of equipment which may be used by the inspector in making those inspections of the equipment of vehicles which are conducted through the use of equipment as opposed to the visual and manual inspection of the inspector. "After the initial inspection of motor vehicles under the pro visions of this Act, all subsequent inspections shall be conducted and a certificate of inspection and approval must be obtained within a twelve month period from the date of the last inspection. The first inspection of vehicles under the provisions of this Section shall be completed by October 31, 1965." Section 4. Said Act is further amended by renumbering Section 126E as Section 126P and by inserting following Section 126D a new Section to be numbered Section 126E to read as follows: "Section 126E.--New and used car dealers. After July 1, 1965, no dealer engaged in the business of selling new or used motor vehicles shall sell at retail any vehicle required to be inspected by this Article unless the dealer shall have said vehicle inspected in accordance with the provisions of this Article and an official inspection certificate is obtained for said motor vehicle and placed thereon." Section 5. Said Act is further amended by striking from renum bered Section 126F the following "126D" and substituting in lieu thereof "126E", so that when so amended renumbered 126F shall read as fol lows: "Section 126F.--Penalties. Any person violating the provisions of Section 123 through 126E shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor." 702 JOURNAL OP THE SENATE, Section 6. Sections 2 and 3 of the amendatory Act approved April 3, 1963 (Ga. Laws 1963, p. 333), relating to the exemptions of certain vehicles from the requirement that their lights be maintained in an operating condition and prescribing an effective date and that date by which the initial inspections of motor vehicles shall be completed, are hereby repealed in their entirety. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Senator Yancey of the 33rd offered the following amendment to the sub stitute : Amend Committee Substitute to H. B. 278 as follows: By inserting between the words "as" and "to" as they appear in the title thereof the following: "to require that certain approved safety glazing materials shall be used in the replacement of windshields, side or rear windows of motor vehicles; to provide the procedure connected therewith;". By renumbering Sections 1 through 5 as Sections 2 through 6, respectively. By inserting immediately after the enacting clause the following: "Section 1. An Act known as the 'Uniform Act Regulating Traffic on Highways', approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act ap proved March 17, 1960 (Ga. Laws 1960, p. 950), and an Act ap proved April 3, 1963 (Ga. Laws 1963, p. 333), is hereby amended by adding to Section 121, four new subsections to be designated Subsections (c), (d), (e) and (f), to read as follows: " ' (c) Any person, firm or corporation engaged in the business of replacing windshields or any side or rear windows of motor ve hicles, which are subject to the provisions of this Section, shall not replace such windshields or side or rear windows with any glazing material other than safety glazing material approved by the Di rector. "'(d) The Director shall compile and publish a list of types of glazing materials by name approved by him as meeting the requirements of this Section and the Director shall not register any motor vehicle which is subject to the provisions of this Section unless it is equipped with an approved type of safety glazing mate rial, and he shall thereafter suspend the registration of any motor vehicle so subject to this Section which he finds is not so equipped until it is made to conform to the requirements of this Section. WEDNESDAY, MARCH 3, 196B 703 "'(e) This Section shall not be construed to require that side or rear windows of motor vehicles which were replaced or installed prior to the effective date of this Section must be replaced with safety glazing materials as defined herein. " ' (f) Any person, firm or corporation violating the provisions of Subsections (a) and (c) of this Section shall be guilty of a mis demeanor and upon conviction thereof shall be punished as for a misdemeanor.' " By striking from renumbered Section 2 the following: "An Act entitled 'Uniform Act Regulating Traffic on High ways', approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 17, 1960 (Ga. Laws 1960, p. 590), and an Act approved April 3, 1963 (Ga. Laws 1963, p. 333), is hereby", and substituting in lieu thereof the following: "Said Act is further". On the adoption of the amendment to the committee substitute, the ayes were 35, nays 2, and the amendment was adopted. Senator Sanders of the 41st offered the following amendment to the com mittee substitute to HB 278: Amend committee substitute to HB 278 by striking the words "an official inspection certificate" from section 4 and substituting therefor the words "a current official inspection certificate." On the adoption of the amendment to the substitute, the ayes were 36, nays 1, and the amendment was adopted. Senator Holloway of the 12th offered the following amendment to the com mittee substitute for HB 278: Amend Committee Substitute for HB 278 as follows: By renumbering Sections 6 and 7 as Sections 7 and 8, respectively. By inserting following Section 5 a new Section te be numbered Section 6 and to read as follows: 704 JOURNAL OF THE SENATE, "Section 6. Said Act is further amended by adding to Article XVI a new Section to be numbered Section 126G and to read as follows: " 'Section 126G. Notwithstanding any provision of this Act to the contrary, any motor vehicle which is not operated upon the pub lic roads at those times which, by the provisions of Sections 103 and 104 of this Act, the headlamps of such a motor vehicle are required to be in operation shall not be inspected in accordance with the provisions of Subparagraph (2) of Subsection (a) of Section 126 of this Article, and said vehicle shall not be required to have the exterior lights located upon such vehicles in working order.' " On the adoption of the amendment to the committee substitute, the ayes were 34, nays 5, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, the ayes were 34, nays 4. The bill, having received the requisite constitutional majority, was passed by substitute as amended. Senator Johnson of the 38th moved that the following resolution of the House be recommitted to the Committee on Rules: HR 128. By Messrs. Brooks of Oglethorpe, Johnson of Warren, Bynum of Rabun, Ke!ly of Jasper, Ployd of Chattooga, Paris of Barrow, Milhollin of Coffee, Brantley of Candler and others: A resolution requesting Congress to call a Convention for the purpose of proposing an amendment to the Constitution of the United States and for other purposes. The motion prevailed, and HR 128 was recommitted to the Committee on Rules. SB 93. By Senator Kidd of the 25th: A bill to amend Code section 34-802, relating to certain public officials being elected at the November election, so as to provide that such sec- WEDNESDAY, MARCH 3, 1965 705 tion shall not apply to members of county governing authorities under certain circumstances; and for other purposes. Senator Kidd of the 25th offered the following substitute to SB 93. A BILL To be entitled An Act to amend Code Section 34-802, relating to cer tain public officials being elected at the November election, so as to provide that such Section shall not apply to members of county govern ing authorities in counties of a certain population under certain circum stances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 34-802, relating to certain public officials being elected at the November election, is hereby amended by adding at the end thereof the following: "The provisions of this Section shall not apply to any members of the governing authority of any county with a population of not less than 34,050 and not more than 34,200, according to the U. S. decennial census of 1960 or any future such census, if the Act creat ing such governing authority, or any amendment thereto, provides for the election of such member at a time other than as specified in this Section.", so that when so amended Code Section 34-802 shall read as follows: "Section 34-802. November election.--The Governor, statehouse officers, members of Congress, Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, solicitors general, members of the General Assembly, county offi cers, justices of the peace, and constables shall be elected in the November election next preceding the expiration of the term of office. The provisions of this Section shall not apply to any mem ber of the governing authority of any county with a population of not less than 34,050 and not more than 34,200, according to the U. S. decennial census of 1960 or any future such census, if the Act creating such governing authority, or any amendment thereto, provides for the election of such member at a time other than as specified in this Section." Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Senator Smalley of the 28th offered the following amendment to the sub stitute to SB 93. 706 JOURNAL OF THE SENATE, Amend substitute to SB 93 by adding a new section 2 to provide: This act shall apply to the elections held in the counties affected in 1965 and not thereafter. On December 31, 1965 this act shall stand repealed and subsequent elections for members of governing authorities in the counties affected will be held on the regular November election date. On the adoption of the amendment to the substitute, the ayes were 33, nays 0, and the amendment was adopted. On the adoption of the substitute, as amended, the ayes were 31, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute as amended. SB 108. By Senator Rowan of the 8th: A bill to encourage landowners to make land and water areas available to the public by limiting the liability in connection therewith; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 32, nays 1. The bill, having received the requisite constitutional majority, was passed. SB 127. By Senator Kendrick of the 32nd: A bill to authorize boards of education of certain counties to enter into contracts for group life, health or accident insurance covering the employees of said boards of education, including the right to pay a portion of the premiums thereof; and for other purposes. WEDNESDAY, MARCH 3, 1965 707 The report 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 131. By Senators Bateman of the 28th and Pennington of the 45th: A bill to amend an act of the General Assembly known as the Milk and Cheese Dairy Inspection Act, approved August 28, 1929 (Ga. Laws 1929, p. 280; Ga. Code 42-512), so as to provide that section 11 of said act shall not apply to any person, firm or corporation, who manufac tures, sells or offers for sale or have in possession anything under the name of "ice cream" if this product of manufacture is to be sold out side of the State of Georgia; and for other purposes. The Committee on Agriculture and Natural Resources offered the following amendment: Amend SB 131 by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: "Section 1. An Act of the General Assembly known as the Milk and Cheese Dairy Inspection Act, approved August 28, 1929 (Ga. Laws 1929, p. 280; Ga. Code 42-512), as amended, is hereby amended by adding to Section 11 at the end thereof the following sentence: 'Provided, however, that Subsection (2) delineated above shall not apply to any person, firm or corporation, his or its servant or agent, who manufactures, sells or offers for sale or have in posses sion anything under the name of 'ice-cream' if this product of manufacture is to be sold not in the State of Georgia but in another State or States.', so that when said sentence is so added, Section 11 of said Act shall read as follows: 'Section 11. Ice-cream shall be deemed to be adulterated: (1) If it contains saccharin or any preservative, mineral, or other substance or compound deleterious to health; provided that this clause shall not be construed to prohibit the use of harmless color ing matter when not used for fraudulent purposes. (2) If it con tains any fats other than milk fat or any oils or paraffin added to, blended with or compounded with it, provided, that chocolate ice cream and the coating of coated ice-cream may contain cocoa but ter. (3) If it is made in whole or in part from, or contains, any 708 JOURNAL OP THE SENATE, milk product which is unfit for food. It shall be deemed unlawful for any person, firm or corporation, his or its servant or agent, to manufacture, sell or offer or expose for sale or have in posses sion with intent to sell or offer or expose for sale under the name of 'Ice-Cream' any substance not conforming to the provisions of the three preceding sections; or to sell ice-cream from a container or a compartment of a cabinet or fountain, which contains any article of food other than ice-cream or dairy products. Provided, however, that Subsection (2) delineated above shall not apply to any person, firm or corporation, his or its servant or agent, who manufactures, sells or offers for sale or have in possession any thing under the name of 'ice-cream' if this product of manufacture is to be sold not in the State of Georgia but in another State or States.' " Senator Bateman of the 27th offered the following amendment to the com mittee amendment to SB 131: Amend Committee Amendment to SB 131 as follows: By striking from quoted Section 11 the following: "person, firm or corporation, his or its servant or agent, who manufactures, sells or offers for sale or have in possession any thing under the name of 'ice-cream' if this product of manufacture is to be sold not in the State of Georgia but in another State or States.' ", and substituting in lieu thereof the following: "product manufactured in Georgia for sale outside Georgia in a state permitting use of the fats therein described if such product is in fact sold in such other state." On the adoption of the amendment to the committee amendment, the ayes were 28, nays 0, and the amendment to the committee amendment was adopted. On the adoption of the committee amendment, as amended, the ayes were 30, nays 0, and the committee amendment was adopted as amended. 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 35, nays 0. WEDNESDAY, MARCH 3, 1965 709 The bill, having received the requisite constitutional majority, was passed as amended. HB 22. By Mr. Jones of Muscogee: A bill to provide for award of permanent alimony for the support of a wife or children where the husband has procured a divorce in a foreign country or state through an action in which the wife was not personally served; and for other purposes. The report 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 2. The bill, having received the requisite constitutional majority, was passed. SB 151. By Senators McKenzie of the 17th, Hill of the 29th and Bateman of the 27th: A bill to amend an act known as the "Georgia Agricultural Commodi ties Promotion Act", approved March 30, 1961 (Ga. Laws 1961, p. 301), as amended, so as to authorize membership on the various commissions of 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 35, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 159. By Senators Webb of the llth and Jackson of the 16th: A bill to amend an act creating the Georgia Historical Commission, approved Feb. 21, 1951 (Ga. Laws 1951, pp. 789-794), as amended, so as to change the provisions relating to the compensation of the secre tary of the Board of Commissioners of the Georgia Historical Com mission; 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. 710 JOURNAL OF THE SENATE, On the passage of the bill, the ayes were 30, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 383. By Messrs. Smith of Grady, Bolton of Spalding, Busbee of Dougherty, Blalock of Coweta, Hale of Dade and Brooks of Fulton: A bill to amend an act creating the Legislative Service Committee and the Office of Legislative Counsel, so as to clarify the duties of the Legislative Counsel; and for other purposes. The report 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 160. By Senator Webb of the llth: A bill to amend Code section 6-1702, relative to costs in cases carried to the Supreme Court and to the Court of Appeals, so as to change the amount thereof; to repeal conflicting laws; and for other purposes. The Committee on Judiciary offered the following amendment: Amend SB 160 by inserting in the titlo immediately before the phrase "to repeal conflicting laws" the following: "to provide an effec tive date". By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. This Act shall become effective on August 1, 1965." By adding a new Section to be designated Section 3 to read as follows: "Section 3. All laws and parts of laws in conflict with this Act are hereby repealed." WEDNESDAY, MARCH 3, 1965 711 On the adoption of the amendment, the ayes were 39, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, the ayes were 38, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. SB 162. By Senators Webb of the llth, Carter of the 14th, Plunkett of the 30th and Broun of the 46th: A bill to amend an act creating the Georgia Educational Improvement Council, approved March 8, 1964 (Ga. Laws 1964, p. 711), so as to provide for additional members; to provide for the appointment of such members; to provide the procedure connected therewith; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 36, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 139. By Senators Kendrick of the 32nd, Miller of the 43rd and Sanders of the 41st: A bill to amend Code section 40-1812, relating to the duty of the De partment of Audits and Accounts; so as to provide that the local boards of education of the several county, independent and area public school system of this State shall be authorized to have an audit made of books, records and accounts of the public school system over which any such board has jurisdiction; and for other purposes. Senator Wesberry of the 37th offered the following amendment: Senator Wesberry of the 37th moves to Amend SB 139 by adding a new paragraph at the end of Section 1 thereof as follows: 712 JOURNAL OF THE SENATE, All audits of such public school systems shall be conducted in conformity with generally accepted standards and principles of governmental accounting and auditing and shall be subject to the standards, rules and ethics promulgated by the Georgia Society of Certified Public Accountants and the American Institute of Certi fied Public Accountants. The audit report shall include the auditor's unqualified opinion upon the presentation of the financial position and the results of the operations of the public school system which is audited. If the auditor is unable to express an unqualified opin ion, he shall so state and shall further detail the reasons for quali fication or disclaimer of opinion including recommendations neces sary to make possible future unqualified opinions. 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. HB 287. By Mr. Richardson of Chatham: A bill to require all meetings of the governing bodies of municipalities, counties, boards of public instructions, and other boards, bureaus, com missions or organizations except grand juries, supported in whole or in part by public funds or expending public funds, to the public meet ings; and for other purposes. The Committee on Rules offered the following amendment: Amend HB 287, section 1, by striking the comma following the word "authorities", and the words "or organizations", in the first sen tence thereof, and wherever else it appears, and inserting the word "or" between the words "authorities" and "commissions"; so that said first sentence of section 1, as amended, shall read as follows: All meetings of the governing bodies of all municipalities and counties in this State, boards of public instruction, and all other boards, bureaus, authorities or commissions in the State of Georgia, excepting grand juries, supported wholly or in part by public funds or expending public funds shall be public meetings. WEDNESDAY, MARCH 3, 1965 713 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 33, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. Senator Johnson of the 38th asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Judiciary, and recom mitted to the Committee on County and Municipal Governments: SB 182. By Senators Johnson of the 38th, Coggin of the 35th, Wesberry of the 37th and others: A bill to amend Code section 61-302, relating to the issuance of dispossessory warrants or processes against tenants holding possession of lands and tenements over and beyond the term for which the same were rented or leased, so as to provide for the executive or dispossessory warrants in certain counties; and for other purposes. The consent was granted. Senator Rowan of the 8th asked unanimous consent that the following statement be incorporated in today's journal: Mr. President: I ask unanimous consent that the following be submitted on today's journal: Due to the necessity to be absent from the State Senate on February 24th, February 25th, February 26th and March 1st, I failed to vote on seven (7) bills. Had I been present when the following bills were called, I would have voted as follows: HB 25. Yes. SB 89. No. HB 25. Conference Committee Report, Yes. 714 SB 129. Yes. HB 144. No. HB 322. Yes. HB 281. Yes. JOURNAL OF THE SENATE, Senator Gordy of the 15th, 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 111. SB 123. SB 141. SR 30. SR 48. SR 64. SR 67. Respectfully submitted, Gordy of the 15th District, Chairman. Senator Gordy of the 15th, Chairman of the Committee on Administrative Affairs, submitted the following report: Mr. President: Your Committee on Senate Administrative Affairs, has read and examined the following bill of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor. SB 22. Respectfully submitted, Gordy of the 15th District, Chairman. WEDNESDAY, MARCH 3, 1965 715 The following resolutions were read and adopted: SR 76. By Senators Kendrick of the 32nd and Yancey of the 33rd: A resolution commending Russell McCall; and for other purposes. SR 77. By Senator Hill of the 29th: A resolution expressing appreciation to the ladies of the telephone center; and for other purposes. Senator Yancey of the 33rd asked unanimous consent that the Chair in struct the Secretary to technically correct the amendments to the following bill of the House: HB 278. By Messrs. Williams of Hall, Matthews of Colquitt, Anderson of Pulaski and others: A bill to amend an act entitled "Uniform Act Regulating Traffic on Highways", so as to increase the time within which a vehicle may be allowed to meet the requirements prescribed for a certificate of inspec tion; and for other purposes. The consent was granted. Senator Bateman of the 27th 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. 716 JOURNAL OF THE SENATE, Senate Chamber, Atlanta, Georgia, Thursday, March 4, 1965. 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 chaplain, Reverend H. B. Deakins, pastor, Olive Springs Baptist Church, Marietta, Georgia. Prayer was offered by Dr. Harry Holland, pastor, First Presbyterian Church, Marietta, Georgia. The roll was called, and the following senators answered to their names: Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill McKenzie Noble Owens Padgett Pennington Plunkett Rowan Salome Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young 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 Webb of the llth 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. THURSDAY, MARCH 4, 1965 717 3. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions. The consent was granted. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House to-wit: HB 254. By Messrs. Acree of Towns, Watkins of Gilmer and others: A bill to authorize sterilization of individuals by doctors of medicine; and for other purposes. HB 572. By Messrs. Alien and Branch of Tift: A bill to place the Sheriff of Tift County upon an annual salary in lieu of the fee system of compensation, to provide for personnel within the sheriff's office; and for other purposes. HB 570. By Messrs. Alien and Branch of Tift: A bill to abolish the present mode of compensating the clerk of the superior court of Tift County, known as the fee system, to provide in lieu thereof an annual salary for such officers; and for other purposes. HB 571. By Messrs. Alien and Branch of Tift: A bill to abolish the present mode of compensating the tax commis sioner of Tift County, known as the fee system, to provide in lieu thereof an annual salary for such officer; and for other purposes. HB 573. By Messrs. Alien and Branch of Tift: A bill to abolish the present mode of compensating the ordinary of Tift County, known as the fee system, to provide in lieu thereof an annual salary for such officer; and for other purposes. 718 JOURNAL OF THE SENATE, HB 575. By Mr. Lee of Clinch: A bill to abolish the present mode of compensating the sheriff of Clinch County, known as the fee system to provide that the sheriff shall be compensated on a salary basis in lieu thereof; and for other purposes. HB 578. By Mr. Rowland of Johnson: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Johnson County, so as to change the compensation of the commissioner; and for other purposes. HB 579. By Mr. Rowland of Johnson: A bill to amend an act establishing the City Court of Wrightsville, so as to change the compensation of the Judge; and for other purposes. HB 587. By Messrs. Blair of Sumter and Mrs. Merritt of Sumter: A bill to place the sheriff of Sumter County on a salary basis in lieu of a fee basis; and for other purposes. HB 590. By Mr. Poss of Madison: A bill to create a board of commissioners of roads and revenues of Madison County, to provide for the composition of the board; and for other purposes. HB 591. By Mr. Poss of Madison: A bill to abolish the present mode of compensating the Clerk of the superior court, the Ordinary, and the Tax Commissioner, known as the fee system, to provide in lieu thereof annual salaries; and for other purposes. HB 592. By Mr. Poss of Madison: A bill to abolish the present mode of compensating the Sheriff of Madison County, known as the fee system, to provide in lieu thereof an annual salary; and for other purposes. HB 367. By Messrs. Busbee of Dougherty, Smith of Emanuel and others: A bill to amend Code Section 47-101, relating to the apportionment of the membership of the House of Representatives, so as to provide for the apportionment of the membership of the House of Representatives; and for other purposes. THURSDAY, MARCH 4, 1965 719 The House agrees to the Senate substitute to the following bill of the House: HB 43. By Mr. Hale of Bade: A bill to amend an act establishing an Employees' Retirement System so as to provide that procedure whereby certain members of the Em ployees' Retirement System may re-establish credits for prior service; and for other purposes. The House has passed by the requisite constitutional majority the following bill of the House to-wit: HB 525. By Mr. Brooks of Fulton: An act to amend an act known as the "Juvenile Court Act", as amended, so as to provide and empower the Juvenile Courts to act as courts of Inquiry: to be able to examine or investigate into the probable cause: to commit, bind over, discharge or require bonds or bail to secure ap pearances for prosecution of persons seventeen years of age or over who commit a misdemeanor or felony under certain conditions; and for other purposes. The House has passed by the requisite constitutional majority the following bills and resolutions of the House to-wit: HB 582. By Messrs. Harris, Bowen and Farrar of DeKalb and others: A bill to provide for one additional judge of the Superior Courts of the Stone Mountain Judicial Circuit, so as to increase the number of judges in said Circuit to four; and for other purposes. HR 211. By Messrs. Steis of Harris, Floyd of Chattooga and others: 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 County of Glynn to be used as a site for construction of an armory for the Georgia Air National Guard; and for other purposes. HR 215. By Mr. Smith of Grady: A resolution authorizing the conveyance of certain property to Grady County; and for other purposes. HB 568. By Messrs. Bynum of Rabun, Matthews of Clarke, Coker of Cherokee and others: A bill to fix the salaries of the Judges of the Superior Courts, so as to change the salaries of the Judges of the Superior Courts; to provide that salaries will be increased according to per capita State income; and for other purposes. 720 JOURNAL OP THE SENATE, The following bills and resolutions were introduced, read the first time, and referred to committees: SB 186. By Senator Webb of the llth: A bill to amend an act creating the positions of Chief Justice Emeritus and Associate Justice Emeritus, so as to provide that the prohibition against appointment as Justice Emeritus shall not apply to any person holding the office of Judge of the Court of Appeals on April 1, 1965, who is subsequently appointed as a Justice of the Supreme Court; and for other purposes. Referred to Committee on Rules. SB 187. By Senators Webb of the llth and Jackson of the 16th: A bill to amend an act known as the Georgia Water Quality Control Act, so as to authorize the Georgia Water Quality Control Board to adopt rules and regulations concerning the disposal of sewage by boats equipped with marine toilets; to repeal conflicting laws; and for other purposes. Referred to Committee on Public Utilities and Transportation. SB 191. By Senator Minish of the 48th: A bill to provide that the Mayor of the City of Commerce shall make appointment to fill vacancies on the Board of the Banks-Jackson-Com merce Hospital Authority when such vacancies occur in the member ship on such Board from the City of Commerce; and for other purposes. Referred to Committee on County and Municipal Governments. SB 192. By Senator Minish of the 48th: A bill to provide that the governing authority of Jackson County shall make appointments to fill vacancies on the Board of Banks-JacksonCommerce Hospital Authority when such vacancies occur in the mem bership on such Board from Jackson County; and for other purposes. Referred to Committee on County and Municipal Governments. SB 195. By Senators Gillis of the 20th, Webb of the llth and Coggin of the 35th: A bill to amend an act creating the Claims Advisory Board, so as to provide that it shall be unlawful for any member of the Claims Advisory Board, any member of the General Assembly, or any State Official or employee to receive any fee, money, gift or any other thing of value, other than their regular compensation, in connection with any claim; and for other purposes. Referred to Committee on Rules: THURSDAY, MAECH 4, 1965 721 SB 196. By Senators Thompson of the 34th, Maclntyre of the 40th, Salome of the 36th and others: A bill to amend an act establishing a new charter for the City of Atlanta, and the several acts amendatory thereof; and for other pur poses. Referred to Committee on County and Municipal Governments. SB 197. By Senators Wesberry of the 37th, Salome of the 36th, Thompson of the 34th and others: A bill to amend an act establishing a new charter for the City of Atlanta, and the several acts amendatory thereof; and for other pur poses. Referred to Committee on County and Municipal Governments. SB 198. By Senators Wesberry of the 37th, Salome of the 36th and others: A bill to amend an act establishing a new charter for the City of Atlanta, and the several acts amendatory thereof; and for other pur poses. Referred to Committee on County and Municipal Governments. SB 199. By Senators Salome of the 36th, Thompson of the 34th and others: A bill to amend an act entitled "An act to regulate primary elections in all municipalities in the State of Georgia, by providing how such elections shall be conducted, and the returns thereof made, and to pro vide penalties for the violation thereof, and providing that the same shall apply only to cities of 200,000 or more according to the last or any future Federal census; and for other purposes," by repealing section 3 of said act in reference to voting in ward and district of residence of elector. Referred to Committee on County and Municipal Governments. SB 200. By Senator Hall of the 52nd: A bill to abolish the office of treasurer of Floyd County; to provide for the transfer of the duties of said office to the government authority of Floyd County; and for other purposes. Referred to Committee on County and Municipal Governments. SB 193. By Senator Minish of the 48th: A bill to provide that the governing authority of Banks County shall make appointments to fill vacancies on the Board of the Banks-Jackson- 722 JOURNAL OF THE SENATE, Commerce Hospital Authority when such vacancies occur in the mem bership on such Board from Banks County; and for other purposes. Referred to Committee on County and Municipal Governments. SB 194. By Senators Coggin of the 35th, Thompson of the 34th, Wesberry of the 37th, Salome of the 36th, Ward of the 39th, Maclntyre of the 40th, and Johnson of the 38th: A bill to amend an act authorizing the Commissioners of Roads and Revenues of Fulton County to provide group insurance for all regular County employees; and for other purposes. Referred to Committee on County and Municipal Governments. SR 78. By Senator Downing of the 1st: A resolution proposing an amendment to the Constitution so as to provide for the exemption from taxation of boats owned by members of a Boating Rescue Squadron; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to Committee on Rules. SR 79. By Senators Carter of the 14th, Smalley of the 28th, and Webb of the llth: A resolution authorizing and directing the State Librarian to supply the Senate with certain legal publications; and for other purposes. Referred to Committee on Judiciary. SR 80. By Senator Kidd of the 25th: A resolution authorizing the Governor to acquire certain property for the State of Georgia; and for other purposes. Referred to Committee on Rules. SR 81. By Senator Webb of the llth: A resolution electing Honorable Robert E. Lee, Jr. of the 47th Sena torial District as a member of the "State Real Properties Control Com mission"; and for other purposes. Referred to Committee on Rules. HB 568. By Messrs. Bynum of Rabun, Matthews of Clarke, Coker of Cherokee and others: A bill to fix the salaries of the judges of the Superior Courts, so as to change the salaries of the judges of the Superior Courts; to provide THURSDAY, MARCH 4, 1965 723 that salaries will be increased according to per capita State income; and for other purposes. Referred to Committee on Rules. HB 367. By Messrs. Busbee of Dougherty, Smith of Emanuel, Simpson of Wheeler, Bedgood of Clarke and others: A bill to amend Code section 47-101, relating to the apportionment of the membership of the House of Representatives, so as to provide for the apportionment of the membership of the House of Representatives; and for other purposes. Referred to Committee on Rules. HB 570. By Messrs. Alien and Branch of Tift: A bill to abolish the present mode of compensating the clerk of the superior court of Tift County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 571. By Messrs. Alien and Branch of Tift: A bill to abolish the present mode of compensating the tax commissioner of Tift County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 572. By Messrs. Alien and Branch of Tift: A bill to place the sheriff of Tift County upon an annual salary in lieu of the fee system of compensation; and for other purposes. Referred to Committee on County and Municipal Governments. HB 573. By Messrs. Alien and Branch of Tift: A bill to abolish the present mode of compensating the ordinary of Tift County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 575. By Mr. Lee of Clinch: A bill to abolish the present mode of compensating the sheriff of Clinch County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. 724 JOURNAL OF THE SENATE, HB 578. By Mr. Rowland of Johnson: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Johnson County, so as to change the compensation of the commissioners; and for other purposes. Referred to Committee on County and Municipal Governments. HB 579. By Mr. Rowland of Johnson: A bill to amend an act establishing the City Court of Wrightsville, so as to change the compensation of the judge; and for other purposes. Referred to Committee on County and Municipal Governments. HB 587. By Mrs. Merritt of Sumter and Mr. Blair of Sumter: A bill to place the sheriff of Sumter County on a salary basis in lieu of a fee basis; and for other purposes. Referred to Committee on County and Municipal Governments. HB 590. By Mr. Poss of Madison: A bill to create a Board of Commissioners of Roads and Revenues of Madison County so as to provide for the composition of the board; and for other purposes. Referred to Committee on County and Municipal Governments. HB 591. By Mr. Poss of Madison: A bill to abolish the present mode of compensating the clerk of the Superior Court, the ordinary, the tax commissioner, and the coroner of Madison County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 592. By Mr. Poss of Madison: A bill to abolish the present mode of compensating the sheriff of Madison County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 254. By Messrs. Acree of Towns, Watkins of Gilmer, Savage of Macon and others: A bill to authorize sterilization of individuals by doctors of medicine; and for other purposes. Referred to Committee on Health and Welfare. THURSDAY, MARCH 4, 1965 725 HB 525. By Mr. Brooks of Fulton: A bill to amend an act known as the "Juvenile Court Act", so as to provide and empower the Juvenile Courts to act as Courts of Inquiry; and for other purposes. Referred to Committee on Judiciary. HB 582. By Messrs. Harris, Bowen and Farrar of DeKalb, Spillers of Newton and Vaughn of Rockdale: A bill to provide for one additional judge of the Superior Court of the Stone Mountain Judicial Circuit; and for other purposes. Referred to Committee on Judiciary. HR 211. By Messrs. Steis of Harris, Floyd of Chattooga, Brown of Bacon and Harris and Smith of Glynn: 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 County of Glynn 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 Judiciary. HR 215. By Mr. Smith of Grady: A resolution authorizing the conveyance of certain property to Grady County; and for other purposes. Referred to Committee on Rules. The following bills and resolutions were read the second time: SB 172. By Senator Kidd of the 25th: A bill to amend Chapter 56-13 of the Code of Georgia, 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 casualty, property, marine and transpor tation insurance companies; to provide for the deduction of such fees and taxes paid to municipal corporations from the taxes paid to the state; and for other purposes. 726 JOURNAL OF THE SENATE, SB 173. By Senator Hall of the 52nd: A bill to amend an act creating a new charter and municipal govern ment for the City of Rome, as amended, so as to enlarge the present city boundaries and corporate limits by the annexation of certain described property adjacent to the present city limits; and for other purposes. SB 174. By Senator McKenzie of the 17th: A bill to amend an act establishing a State Employees' Retirement System, so as to provide for inclusion as service credits service ren dered after age sixty-five (65) until a maximum of twenty-five (25) years service is reached; and for other purposes. SB 175. By Senator Fincher of the 51st: A bill to amend Section 84-1031 of the Code of Georgia, to provide for an increase of per diem pay for the Board of Examiners of Practical Nurses of Georgia; and for other purposes. SB 176. By Senator Rowan of the 8th: A bill to amend an act relating to motor vehicle licenses approved December 24, 1937, so as to provide a maximum license fee for private trucks hauling livestock; to repeal conflicting laws; and for other purposes. SB 177. By Senator Rowan of the 8th: A bill to amend Code Section 92-1403, relating to the levy of the motor fuel tax and exemptions therefrom, so as to provide that the person purchasing motor fuel for use in aircraft motors for aviation purposes shall be entitled to the refund; and for other purposes. SB 178. By Senator Pennington of the 45th: A bill to amend Code Section 47-102, relating to State Senatorial Dis tricts, so as to remove the provision requiring Senators in those Sena torial Districts consisting of less than one county to be elected by all the voters of the county in which such Senatorial District is located; and for other purposes. SB 179. By Senator Webb of the llth: A bill to amend Chapter 68-99 of the Georgia Code of 1933 which pro vides criminal sanction against any person violating the Motor Vehicle Laws of the State of Georgia, which shall make it a felony punishable THURSDAY, MARCH 4, 1965 727 as provided in Section 26-3914 of the Georgia Code of 1933, to alter or forge any certificate of motor vehicle registration issued by the State Revenue Commissioner under the terms of Motor Vehicle Laws of the State of Georgia; and for other purposes. SB 180. By Senators Gayner of the 5th, Padgett of the 23rd, and Downing of the 1st: A bill to remedy a cause of unemployment and economic insecurity within the State of Georgia; and for other purposes. SB 181. By Senators Wesberry of the 37th, Maclntyre of the 40th, Ward of the 39th, Coggin of the 35th, and Thompson of the 34th: A bill to amend Code Section 92-5001, relating to interests on taxes due the State and County, so as to provide that in certain counties the minimum interest payment shall be one dollar; to repeal conflicting laws; and for other purposes. SB 182. By Senators Johnson of the 38th, Coggin of the 35th, Wesberry of the 37th and others: A bill to amend Code Section 61-302, relating to the issuance of dispossessory warrants or processes against tenants holding possession of lands and tenements over and beyond the term for which the same were rented or leased, so as to provide for the execution of dispossessory warrants in certain counties; and for other purposes. SB 183. By Senator Yancey of the 33rd: A bill to amend an act creating the Cobb Judicial Circuit, so as to add one additional assistant solicitor-general, thereby increasing to two the number of assistant solicitors-general for the Cobb Judicial Circuit; and for other purposes. SB 184. By Senator Rowan of the 8th: A bill to amend an act creating the Teachers' Retirement System of Georgia, so as to further define earnable compensation; and for other purposes. SB 185. By Senator Webb of the llth: A bill to amend an act creating the positions of Chief Justice Emeritus and Associate Justice Emeritus, so as to provide that the prohibition against appointment as Justice Emeritus shall not apply to any person holding the office of Judge of the Court of Appeals on April 1, 1965, who is subsequently appointed as a Justice of the Supreme Court; and for other purposes. 728 JOURNAL OF THE SENATE, SB 188. By Senator Hall of the 52nd: A bill to amend an act placing the clerk of the superior court, ordinary, and sheriff of Ployd County, Georgia, on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the clerk of the superior court, ordinary, and sheriff of Floyd County; and for other purposes. SB 189. By Senator Hall of the 52nd: A bill to amend an act abolishing the offices of tax receiver and tax collector of Floyd County and creating in lieu thereof the office of tax commissioner of Floyd County, so as to change the compensation of the tax commissioner; and for other purposes. SR 74. By Senator Gayner of the 5th: A resolution authorizing the Governor to execute a lease in behalf of the State of Georgia of certain property conveyed to the State by Glynn County to be used as a site for construction of an armory for the Georgia Air National Guard, with one hundred (100) percent Federal funds; and for other purposes. SR 75. By Senator Spinks of the 9th: A resolution proposing an amendment to the Constitution, so as to authorize Tift County to levy a tax not exceeding two mills on all of the taxable property in the county for the purpose of creating a fund to be used by the Tift County Development Authority in accord ance with its powers and purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes. HB 112. By Mr. Overby of Hall: A bill to amend an act approved Feb. 19, 1937 (Ga. Laws 1937, p. 627), as amended, so as to provide for additional grounds and causes for the revocation or suspension of licenses to engage in the practice of den tistry in the State of Georgia after due notice and hearing by the Board of Dental Examiners of Georgia; and for other purposes. HB 496. By Messrs. Barber of Jackson, Story of Gwinnett, Vaughn of Rockdale, Dunwody of Bibb and others: A bill to amend an act establishing a retirement system for aged and incapacitated teachers in the State Public Schools, so as to change the allowance which a member shall receive upon service retirement; and for other purposes. THURSDAY, MARCH 4, 1965 729 HB 497. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, Busbee of Dougherty, Brooks of Fulton and Matthews of Clarke: A bill to designate the Georgia Institute of Technology as the State Agency for the establishment and operation of a center to conduct water resources research, and to make findings and recommendations; and for other purposes. HB 504. By Mr. Lovett of Laurens: A bill to amend an act creating a new charter for the City of Dublin, so as to redefine the territorial limits of the wards within the said city; and for other purposes. HB 533. By Messrs. Shea of Chatham, Fulford of Terrell, Jones and Pickard of Muscogee, Knight of Berrien, Smith of Camden, Dunwody and Laite of Bibb, Anderson of Pulaski 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 provide that municipali ties and counties shall have the authority to require every person, firm or corporation engaged in the business of selling spirituous liquors at wholesale or retail to pay an annual license fee and to limit the amount thereof; and for other purposes. HB 538. By Mr. Herndon of Appling: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Appling County, so as to provide for an annual audit; and for other purposes. HB 540. By Mr. Jessup of Bleckley: A bill to abolish the present mode of compensating the sheriff of Bleckley County, known as the fee system; and for other purposes. HB 541. By Mr. Byrd of Walton: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Walton County, so as to change the compensation of the members of the board except the chairman; and for other pur poses. HB 543. By Mr. Looper of Dawson: A bill to provide for supplemental compensation for the ordinary of Dawson County; and for other purposes. 730 JOURNAL OF THE SENATE, HB 545. By Mr. Duncan of Fannin: A bill to abolish the present method of compensating the sheriff of Fanning County, known as the fee system; and for other purposes. HB 548. By Messrs. Bowen, Harris and Farrar of DeKalb: A bill to amend an act amending Code section 92-6201 providing for the time for making tax returns in certain counties, so as to provide that the tax commissioner may extend the time for filing tax returns and may eliminate the penalty for failure to timely file on motor vehicles; and for other purposes. HB 553. By Mr. Knight of Laurens: A bill to amend an act providing a new charter for the Town of Dexter, so as to change the date for holding municipal elections; and for other purposes. HB 554. By Messrs. Busbee of Dougherty, Harris of DeKalb and Wiggins of Carroll: A bill to provide that no judgment decreeing the forfeiture of any appearance bond shall be rendered if it is shown to the satisfaction of the court that the principal was prevented by some physical dis ability or by his incarceration from attending the proceedings upon which the bond is conditioned; and for other purposes. HB 558. By Mrs. Merritt of Sumter, Messrs. Blair of Sumter, Murphy of Haralson, Wiggins of Carroll, Alien of Tift and Rush of Tattnall: A bill to provide for the covering, filling or otherwise making safe abandoned open wells or holes; and for other purposes. HB 557. By Messrs. Alien and Branch of Tift: A bill to amend an act creating a Small Claims Court in each county in this State having a population of not less than 23,000 and not more than 23,699, so as to clarify the provisions relative to and under which a county may be included therein; and for other purposes. HB 563. By Messrs. McClelland, Etheridge and Brooks of Fulton: A bill to fix the salaries of the judges of juvenile courts in counties having a population of 500,000 or more; and for other purposes. THURSDAY, MARCH 4, 1965 731 HB 564. By Messrs. McClelland, Brooks and Etheridge of Fulton: A bill to fix the compensation of ordinaries in counties having a popula tion of more than 500,000; and for other purposes. HB 565. By Messrs. McClelland, Brooks and Etheridge of Fulton: A bill to amend an act entitled "An act to establish the Criminal Court of Atlanta", so as to adjust, increase and fix the annual salaries of the judges and the solicitor general of said Criminal Court of Fulton County; and for other purposes. HB 566. By Messrs. McClelland and Brooks of Fulton: A bill to amend an act fixing the compensation of commissioners of roads and revenues in counties in this State having a population in excess of 500,000, so as to provide that the pay of such commissioners shall be $6,000 per annum, payable in equal monthly installments; and for other purposes. HB 567. By Messrs. McClelland, Brooks and Etheridge of Fulton: A bill to amend an act establishing the Municipal Court of Atlanta, so as to change the compensation of the judges of said court; and for other purposes. HR 185. By Mr. Newton of Jenkins: A resolution authorizing the conveyance of certain State property located in Jenkins County; and for other purposes. HB 420. By Messrs. Herndon of Appling, Thomas of Wayne, Smith and Harris of Glynn and others: A bill to provide an additional supplement to the salary of the judge of the Superior Courts of the Brunswick Judicial Circuit and for other purposes. HB 556. By Mr. Caldwell of Upson: A bill to amend an act entitled "An act to comprehensively and exhaus tively revise, supersede and modernize appellate and other post-trial procedure in civil and criminal cases;" approved February 19, 1965, being Act No. 16 of the regular 1965 session of the General Assembly; and for other purposes. 732 JOURNAL OF THE SENATE, Mr. Lee of the 47th District, Secretary of the Committee on Penal and Cor rectional Affairs, submitted the following report: Mr. President: Your Committee on Penal and Correctional Affairs has had under considera tion the following resolution of the House and has instructed me as Secretary, to report the same back to the Senate with the following recommendation: HR 124. Do Pass. Respectfully submitted, Lee of 47th District, Secretary. Mr. Searcey of the 2nd District, Secretary 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 Secretary, to report the same back to the Senate with the following recommendations: SB 94. Do Pass. SB 125. Do Pass. HB 64. Do Pass as Amended. HB 105. Do Pass. HB 134. Do Pass. HB 467. Do Pass. Respectfully submitted, Searcey of 2nd District, Secretary. Mr. Holloway of the 12th District, Chairman of the Committee on High ways, submitted the following report: Mr. President: Your Committee on Highways has had under consideration the following bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendations: HB 6. Do Pass as Amended. HB 84. Do Pass as Amended. HB 252. Do Pass. HB 289. Do Pass. Respectfully submitted, Holloway of 12th District, Chairman. THURSDAY, MARCH 4, 1965 733 Mr. Plunkett of the 30th 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 274. Do Pass as Amended. HB 508. Do Pass. Respectfully submitted, Plunkett of 30th 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 bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation: HB 45. Do Pass. Respectfully submitted, Loggins of 53rd District, Chairman. Mr. Fincher of the 51st District, Secretary of the Committee on Public Utilities and Transportation, submitted the following report: Mr. President: Your Committee on Public Utilities and Transportation has had under con sideration the following bill of the House and has instructed me as Secretary, to report the same back to the Senate with the following recommendation: HB 232. Do Pass. Respectfully submitted, Fincher of 51st District, Secretary. 734 JOURNAL OF THE SENATE, Mr. Yancey of the 33rd District, Secretary 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 Secretary, to report the same back to the Senate with the following recommendations: SB 57. Do Pass as Amended. SB 109. Do Pass by Substitute. SB 110. Do Pass by Substitute. SB 150. Do Pass as Amended. SB 157. Do Pass. SB 161. Do Pass. HB 492. Do Pass. Respectfully submitted, Yancey of 33rd District, Secretary. Mr. Lee of the 47th District, Secretary of the Committee on Public Utilities and Transportation, submitted the following report: Mr. President: Your Committee on Public Utilities and Transportation has had under con sideration the following bills of the House and Senate and has instructed me as Secretary, to report the same back to the Senate with the following recom mendations : | SB 140. Do Pass. HB 93. Do Pass. Respectfully submitted, Lee of 47th District, Secretary. Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted the following report: Mr. President: Your Committee on Rules has had under consideration the following bills THURSDAY, MARCH 4, 1965 735 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 26. Do Pass. SB 174. Do Pass. SR 40. Do Pass. SR 69. Do Pass. SR 71. Do Pass. SR 74. Do Pass. SR 75. Do Pass. HB 57. Do Pass by Substitute. HR 128. Do Pass. Respectfully submitted, Rowan of 8th District, Secretary. The following general bills and resolutions, favorably reported by the com mittees, were read the third time, and put upon their passage: SB 106. By Senator Dean of the 6th: A bill to amend Code section 74-9902, relating to abandonment of chil dren and the penalty therefor, as amended, so as to change the penalty provisions regarding abandonment; 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 74-9902, relating to abandonment of children and the penalty therefor, as amended, so as to change the penalty provisions regarding abandonment under certain conditions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 74-9902, relating to abandonment of chil dren and the penalty therefor, as amended, is hereby amended by strik ing Code Section 74-9902 in its entirety and inserting in lieu thereof a. new Code Section 74-9902 to read as follows: 736 JOURNAL OF THE SENATE, "74-9902. Abandonment of child; husband and wife as wit nesses; 'dependent condition'; effect of former conviction or ac quittal.--If any father or mother shall wilfully and voluntarily abandon his or her child, either legitimate or illegitimate, leaving it in a dependent condition, he or she, as the case may be, shall be guilty of a misdemeanor: Provided, however, if any father or mother shall wilfully and voluntarily abandon his or her child, either legitimate or illegitimate, leaving it in a dependent condi tion, and shall leave this State he or she, as the case may be, shall be guilty of a felony and shall, upon conviction, be imprisoned in the penitentiary for not less than one nor more than three years, which shall be reducible to a misdemeanor. The wife and husband shall be competent witnesses, in such cases to testify for or against the other. A child thus abandoned by the father or mother shall be considered to be in a dependent condition when the father or mother charged with the offense does not furnish sufficient food, clothing or shelter for the needs of the child. The offense of abandonment shall be and is hereby declared to be a continuing offense. Former acquittal or conviction of said offense shall not be a bar to further prosecution therefor under this section, if it shall be made to appear that said child was in a dependent condition as defined herein for a period of 30 days prior to the commencement of prosecution. "Provided, however, that any person, upon conviction of the third offense for violating the provisions of this section shall be guilty of a felony and shall, upon conviction thereof, be imprisoned in the penitentiary for not less than one nor more than three years, which felony shall not be reducible to a misdemeanor by any judge presiding at the trial as provided in Code Section 27-2501. "Provided, however, if during the trial of any person charged with the offense defined in this section, and such person contends that he or she is not the father or mother, as the case may be, of the child alleged to have been abandoned, the trial judge shall charge the jury that if its verdict is for the acquittal of such person, and that its reason for so finding is that such person is not the father or mother of the child allged to have been aban doned, that its verdict shall so state, or if the person charged with the offense defined in this section is tried before the court without the intervention of the jury and the court renders a verdict of acquittal based on the contention of such person that he or she is not the father or mother, as the case may be, of the child alleged to have been abandoned, the trial judge shall so state this fact in his verdict of acquittal. In the event the verdict of the jury or the court shall be for acquittal of such person, and its reason for so doing is that such person is not the father or mother of the child alleged to have been abandoned, such person cannot thereafter again be tried for the offense of abandoning said child, and said verdict shall be a bar to all civil and criminal proceedings attempt ing to compel such person to support said child." Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. THURSDAY, MARCH 4, 1965 737 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 hill by substitute, was agreed to. On the passage of the bill, the ayes were 36, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Dean of the 6th asked unanimous consent that SB 106 be immedi ately transmitted to the House. The consent was granted. SR 69. By Senator Dean of the 6th: A resolution to relieve I. E. Reddish as security on a bond; and for other purposes. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, the ayes were 34, nays 0. The resolution, having received the requisite constitutional majority, was adopted. Senator Dean of the 6th asked unanimous consent that SR 69 be immedi ately transmitted to the House. The consent was granted. SB 110. By Senators Smalley of the 28th and Kilpatrick of the 44th: A bill to amend an act creating the office of solicitor-general emeritus and the Solicitors-General Retirement Fund of Georgia, approved Feb ruary 17, 1949 (Ga. Laws 1949, p. 780), as ameded, so as to remove the provisions relating to the date and time during which a solicitorgeneral may pay for and receive credit for service in the armed forces of the United States; and for other purposes. 738 JOURNAL OF THE SENATE, The Committee on Judiciary offered the following substitute: A BILL To amend an Act creating the office of solicitor-general emeritus and the Solicitors-General Retirement Fund of Georgia, approved Feb ruary 17, 1949 (Ga. Laws 1949, p. 780), as amended, particularly by an Act approved March 17, 1958 (Ga. Laws 1958, p. 163), and an Act approved March 10, 1964 (Ga. Laws 1964, p. 366), so as to change the provisions relating to credit for service in the armed forces of the United States; to provide for interest on contributions; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the office of solicitor-general emeritus and the Solicitors-General Retirement Fund of Georgia, approved Feb ruary 17, 1949 (Ga. Laws 1949, p. 780), as amended, particularly by an Act approved March 17, 1958 (Ga. Laws 1958, p. 163), and an Act approved March 10, 1964 (Ga. Laws 1964, p. 366), is hereby amended by striking in its entirety the last sentence of Section 9, which reads as follows: "Such payment shall be made within 6 months after the ap proval of this Act, or this amendment or within 6 months following discharge, or within 6 months after taking office, whichever is later.", and inserting in lieu thereof the following: "Any solicitor-general who desires to qualify under this pro vision shall pay into the fund the sum of money equal to the con tributions required by this paragraph from the date of the begin ning of his service as solicitor-general 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 percent (6%) simple interest on said sum of money for each year from the beginning of his service as a solicitor-general until the date of paying the contributions into the fund.", so that when so amended the last paragraph of Section 9 shall read as follows: "Provided, further, that in computing years of service as a solicitor-general, credit shall be given for service in the armed forces of the United States occasioned by only one of the national emergencies of either of the following: World War I, or World War II, or Korean conflict, upon payment into the retirement fund of the maximum payments provided herein for each year or frac tion of year of such service for which contribution into the fund has been made. Any solicitor-general who desires to qualify under THURSDAY, MARCH 4, 1965 739 this provision shall pay into the fund the sum of money equal to the contributions required by this paragraph from the date of the beginning of his service as solicitor-general 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 percent (6%) simple interest on said sum of money for each year from the beginning of his service as a solicitor-general until the date of paying the contribu tions into the fund." Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. On the adoption of the committee substitute, the ayes were 38, nays 0, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 26. By Senator Webb of the llth: A bill to amend Code section 47-102, relating to State Senatorial Dis tricts, as amended, so as to remove the provision requiring senators in those senatorial districts consisting of less than one county to be elected by all the voters of the county in which such senatorial district is located; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 43, nays 1. The bill, having received the requisite constitutional majority, was passed. Senator Johnson of the 42nd asked unanimous consent that he be recorded as voting "no". 740 JOURNAL OF THE SENATE, The consent was granted. Senator Carter of the 14th asked unanimous consent that SB 26 be immedi ately transmitted to the House. The consent was granted. SB 125. By Senator Johnson of the 42nd: A bill to amend Code section 56-1523, relating to the payment of divi dends to stockholders, so as to provide for the manner in which divi dends shall be paid to stockholders of domestic stock insurers; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 37, nays 1. The bill, having received the requisite constitutional majority, was passed. SB 140. By Senator Webb of the llth: A bill to amend section 68-9929 of the Georgia Code of 1933, Ga. Laws 1957, p. 626; and for other purposes. Senator Webb of the llth asked unanimous consent that SB 140 be recom mitted to the Committee on Public Utilities and Transportation. The consent was granted. SR 71. By Senator Webb of the llth: A resolution to amend a resolution relative to the Resources Advisory Board, Southeast River Basins, approved March 5, 1964 (Ga. Laws 1964, p. 244), so as to authorize the board to enter into agreements relative to providing old-age and survivors insurance coverage to the employees of said Board; to authorize the expenditure of funds; to provide for matters relative thereto; and for other purposes. THURSDAY, MARCH 4, 1965 741 Senator Webb of the llth offered the following amendment: Amend SR 71 by striking section 2 in its entirety. On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was adopted. The report of the committee, which was favorable to the adoption of the resolution, 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. HB 134. By Messrs. Dixon of Ware and Parrar of DeKalb: A bill to amend Code section 92-3106, relating to personal exemptions and credits that may be deducted from net income in determining State income taxes, so as to allow personal exemption of $600.00 for each son, daughter or ward of the taxpayer to be deducted from the taxpayer's net income notwithstanding the gross income of such son, daughter or ward; and for other purposes. The report 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 171. By Senator Gordy of the 15th: A bill to amend Code chapter 88-17, providing a complete and compre hensive vital records law for the State of Georgia, so as to change the provision relative to the preparation of a certificate of adoption and the furnishing of information relative thereto; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 742 JOURNAL OF THE SENATE, On the passage of the bill, the ayes were 34, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Gordy of the 15th asked unanimous consent that SB 171 be immedi ately transmitted to the House. The consent was granted. HB 467. By Mr. Conger of Decatur: A bill to amend an act requiring banks having and exercising trust powers, trust companies, savings banks, and security or guarantee com panies doing a trust business to secure uninvested trust funds, to pro vide that such uninvested trust funds may also be secured by real estate loans; and for other purposes. The report 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 157. By Senators Sanders of the 41st, Johnson of the 42nd and Miller of the 43rd: A bill to provide for one additional judge of the Superior Courts of the Stone Mountain Judicial Circuit, so as to increase the number of judges in said circuit to four; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 45, nays 2. The bill, having received the requisite constitutional majority, was passed. THURSDAY, MARCH 4, 1965 743 Senator Johnson of the 42nd asked unanimous consent that SB 157 be immediately transmitted to the House. The consent was granted. HR 128. By Messrs. Brooks of Oglethorpe, Johnson of Warren, Bynum of Rabun, Kelly of Jasper and others: A resolution requesting Congress to Call a Convention for the purpose of proposing an amendment to the Constitution of the United States; 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 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: Adams Ballew Bateman Broun Carter Coggin Dean Downing Edenfield Eldridge Fincher of 51st Fincher of 54th Flowers Foster Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Kidd Kilpatrick Lee Loggins Miller Minish Moore McGill McKenzie Noble Padgett Pennington Plunkett Rowan Sanders Searcey Smith Spinks Thompson Tribble Webb Yancey Young Those voting in the negative were Senators: Johnson of 42nd Johnson of 38th Kendrick Maclntyre Salome Smalley Ward Wesberry By unanimous consent, verification of the roll call was dispensed with. 744 JOURNAL OF THE SENATE, On the adoption of the resolution, the ayes were 45, nays 8. The resolution, having received the requisite constitutional majority, was adopted. SB 156. By Senator Smalley of the 28th: A bill to provide for reciprocity between the State of Georgia and other states with respect to transfer, death, estate and inheritance taxes upon intangible personal property of nonresidents; and for other purposes. The report 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 492. By Messrs. Smith of Emanuel and Carr of Washington: A bill to amend an act abolishing the fee system as applied to the office of solicitor-general in the Superior Courts of the Middle Judicial Cir cuit, so as to increase the compensation provided 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 43, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 133. By Messrs. Bedgood and Matthews of Clarke, Moate of Hancock, Overby of Hall, Poss of Madison and others: A bill to amend an act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to change the compensation allowed to the dealer for collecting, accounting for and remitting the tax levied by said act; and for other purposes. THURSDAY, MARCH 4, 1965 745 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 57. By Senator Yancey of the 33rd: A bill to amend Code section 56-407A, relating to the requirements that certain insurance policies contain provisions protecting the insured from damges caused by uninsured motorists, as amended, so as to pro vide for the venue of actions brought against unknown uninsured motorists; and for other purposes. The Committee on Judiciary offered the following amendment: Amend SB 57 by inserting in the title immediately after the first semicolon the following: "to provide that the insurance company shall have the right to file pleadings and take other action allowable by law in the name of the uninsured motorist;". By inserting in the first quoted paragraph of Section 1 at the be ginning thereof the following: "Such company shall thereafter have the right to file plead ings and take other action allowable by law in the name of the owner or operator of the uninsured motor vehicle; provided, how ever, that nothing in this paragraph shall prevent such owner or operator from employing counsel of his own choice and taking any action in his own interest in connection with such proceeding." By inserting immediately before the next to the last sentence the following: "Such company shall thereafter have the right to file plead ings and take other action allowable by law in the name of the owner or operator of the uninsured motor vehicle; provided, how ever, that nothing in this paragraph shall prevent such owner or operator from employing counsel of his own choice and taking any action in his own interest in connection with such proceeding." On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted. 746 JOURNAL OF THE SENATE, Senator Maclntyre of the 40th offered the following amendment: Amend SB 57 by striking from sub-section (d) of section 1 the words "or in any county in which the insurance company issuing the policy shall have an agent for service", and inserting in lieu thereof the words: "or in the county of the resident of the plaintiff". 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 as amended, 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. HB 360. By Messrs. Busbee of Dougherty and Balkcom of Quitman: A bill to amend Code section 32-903, relating to the qualifications of the members of county boards of education, so as to provide that a county, by local law, may provide that two or more members of the board of education may be selected from the same militia district; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 28, nays 1. The bill, having received the requisite constitutional majority, was adopted. The following resolution was read and adopted: SR 82. By Senator Gordy of the 15th: A resolution relating to the Chattahoochee River Basin development; and for other purposes. THURSDAY, MARCH 4, 1965 747 HB 57. By Mr. Hull of Richmond: A bill to amend an act creating the Mineral Leasing Commission, so as to increase the membership of the Commission; and for other purposes. The Committee on Rules offered the following substitute: A BILL To be entitled An Act to amend an Act creating the Mineral Leas ing Commission, approved March 9, 1945 (Ga. Laws 1945, p. 352), as amended, so as to increase the membership of the commission; to pro vide for the manner of the appointment of its additional members; to provide for the reimbursement of the expenses incurred by certain members; to prescribe certain additional duties for the commission; to authorize the commission to employ personnel; to provide that any funds made available to the commission shall be approved by the Direc tor of the Budget; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Mineral Leasing Commission, ap proved March 9, 1945 (Ga. Laws 1945, p. 352), as amended, is hereby amended by striking in its entirety Section 1 and substituting in lieu thereof a new Section 1 to read as follows: "Section 1. There is hereby created a Mineral Leasing Com mission, as an agency of the State of Georgia, to be composed of the Governor, the Secretary of State, the Attorney General, the Director of the Department of Mines, Mining and Geology, and five other members who shall be appointed by the Governor to serve at the pleasure of the Governor, from the various sections of the State, so that the State of Georgia as a whole shall be rep resented on said Commission. The members of the Commission shall receive no compensation for their services, but shall be reimbursed for their actual expenses incurred in connection with their official duties. Members of the General Assembly shall be eligible for ap pointment to said Commission, but shall receive no compensation for their services. The members of the Commission shall, in addition to other duties imposed upon them, draft a standard lease form for mineral rights and make such standard lease forms available to property owners in the State of Georgia upon request. The Com mission shall also cooperate to the fullest extent with the Depart ment of Mines, Mining and Geology to promote the natural re sources of this State. The Commission shall be authorized to em ploy such personnel as it shall deem necessary to efficiently and effectively carry out the purposes and provisions of this Act and the duties and responsibilities placed upon the Commission thereby. Any funds made available to the Commission shall be approved by the Director of the Budget." 748 JOURNAL OF THE SENATE, Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. On the adoption of the substitute, the ayes were 35, nays 0, and the 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 32, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 90. By Senator Kidd of the 25th: A bill to provide that it shall be unlawful for any person to wrong fully take, obtain, withhold or use for any purpose whatsoever, any scientific data, design, plan or, in general, any other article which concerns or relates to the trade secrets, processes, operations, style of work, or apparatus of any person, firm, partnership, association or corporation; and for other purposes. The Committee on Industry and Labor offered the following substitute: A BILL To provide that it shall be unlawful for any person to steal or unlawfully obtain or appropriate property of any value consisting of a sample, culture, microorganism, specimen, recording, document, draw ing or any other article, material, device or substance which constitutes, represents, evidences, reflects or records a secret, scientific or techni cal process, invention or formula or any phase or part thereof; to pro vide for penalties; to provide when a process, invention or formula is secret; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA: Section 1. Any person who steals or unlawfully obtains or appro priates property of any value consisting of a sample, culture, micro organism, specimen, record, recording, document, drawing or any other article, material, device or substance which constitutes, represents, evi dences, reflects, or records a secret, scientific or technical process, invention or formula or any phase or part thereof shall be guilty of THURSDAY, MARCH 4, 1965 749 a felony, and upon conviction thereof shall be punished by confinement in the penitentiary for a term of not less than one year nor more than five years. Section 2. As used in this Act a process, invention or formula is "secret" when it is not, and is not intended to be, available to anyone other than the owner thereof or selected persons having access thereto for limited purposes with his consent, and when it accords or may accord the owner an advantage over competitors or other persons who do not have knowledge or the benefit thereof. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Senator Kilpatrick of the 4th offered the following amendment to the com mittee substitute: Amend the committee substitute for SB 90 by striking from section 1 thereof all of section 1 after the words "guilty of a" and inserting in lieu thereof the following "misdemeanor, and upon conviction thereof, be punished accordingly". On the adoption of the amendment to the committee substitute, the ayes were 35, nays 0, and the amendment was adopted. On the adoption of the substitute as amended, the ayes were 28, nays 4, 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 30, nays 6. The bill, having received the requisite constitutional majority, was passed by substitute as amended. HR 18. By Mr. Pope of Cherokee: A resolution to compensate Walter Lee Keller; 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- 750 JOURNAL OP THE SENATE, tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. 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 36, 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: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Pincher of 51st Flowers Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill Noble Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Young 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 as amended. THURSDAY, MARCH 4, 1965 751 HR 19. By Mr. Irvin of Habersham: A resolution to compensate Mr. Cliff Pitts; 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. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. 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 36, 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: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Pincher of 51st Flowers Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill Noble Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Young By unanimous consent, verification of the roll call was dispensed with. 752 JOURNAL OF THE SENATE, On the adoption of the resolution, the ayes were 44, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. HR 25. By Mr. Bowen of Dooly: A resolution to compensate Mrs. Merle C. Chancy; and for other pur poses. 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. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. 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 36, 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: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Fincher of 51st Flowers Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill Noble Padgett THURSDAY, MARCH 4, 1965 753 Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Young 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 constitution majority, was adopted as amended. HR 26. By Mr. Lee of Clayton: A resolution to compensate Grover Jackie Darnell; and for other pur poses. 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. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. 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 36, 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: 754 JOURNAL OF THE SENATE, Those voting in the affirmative were Senators: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Fincher of 51st Flowers Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill Noble Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Young 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 as amended. HR 29. By Mr. Coker of Turner: A resolution to compensate Mr. C. Doston Wynn; and for other pur poses. 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. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. 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 36, nays 0, and the amendment was adopted. THURSDAY, MARCH 4, 1965 755 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: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Pincher of 51st Flowers Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill Noble Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Young 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 as amended. HR 32. By Mr. Brown of Hart: A resolution to compensate Mrs. Mack Suit; 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. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. 756 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 36, 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: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Fincher of 51st Flowers Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill Noble Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Young 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 as amended. HR 40. By Messrs. Chandler and Harrington of Baldwin: A resolution compensating Miss Kay Fondren; and for other purposes. THURSDAY, MARCH 4, 1965 757 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. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. 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 36, 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: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Fincher of 51st Flowers Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill Noble Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Young By unanimous consent, verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 44, nays 0. 758 JOURNAL OF THE SENATE, The resolution, having received the requisite constitutional majority, was adopted as amended. HE 41. By Mr. Harris of DeKalb: A resolution to compensate Ginger Salads, Inc.; 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. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. 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 36, 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: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Fincher of 51st Flowers Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill Noble Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Young By unanimous consent, verification of the roll call was dispensed with. THURSDAY, MARCH 4, 1965 759 On the adoption of the resolution, the ayes were 44, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. HR 42. By Mr. Hall of Lee: A resolution compensating the Lee County Board of Education; 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. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. 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 36, 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: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Fincher of 51st Flowers Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Loggins 760 Maclntyre Miller Minish Moore McGill Noble Padgett JOURNAL OF THE SENATE, Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Young 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 as amended. HR 45. By Mr. Brooks of Pulton: A resolution compensating E. C. A. Forsberg; 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. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. 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 36, 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: THURSDAY, MARCH 4, 1965 761 Those voting in the affirmative were Senators: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Fincher of 51st Flowers Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Logging Maclntyre Miller Minish Moore McGill Noble Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Young 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 as amended. HR 49. By Mr. Lewis of Burke: A resolution compensating Seaborn Jones; 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. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. 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 36, nays 0, and the amendment was adopted. 762 JOURNAL OF THE SENATE, 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: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Fincher of 51st Flowers Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill Noble Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Young 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 adoted as amended. HR 53. By Messrs. Vaughan and Harris of Bartow: A resolution to compensate Frank C. Dysart; 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. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. THURSDAY, MARCH 4, 1965 763 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 36, 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: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Fincher of 51st Flowers Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill Noble Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Young 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 as amended. HR 68. By Mr. Caldwell of Upson: A resolution compensating Jack Donald Grogan; and for other pur poses. 764 JOURNAL OF THE SENATE, 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. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. 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 36, 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: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Pincher of 51st Flowers Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill Noble Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Young 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 as amended. THURSDAY, MARCH 4, 1965 765 I HR 69. By Mr. Caldwell of Upson: V ': A resolution compensating H. F. McCorkle; 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. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. 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 36, 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: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Fincher of 51st Flowers Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Loggins Maclntyre Miller Minish McGill Moore Noble Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Young By unanimous consent, verification of the roll call was dispensed with. 766 JOURNAL OF THE SENATE, On the adoption of the resolution, the ayes were 44, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. HR 70. By Mr. Arnsdorff of Effingham: A resolution compensating C. R. Clifton; 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. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. 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 86, 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: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Pincher of 51st Flowers Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Loggins Maclntyre Miller Minish THURSDAY, MARCH 4, 1965 767 Moore McGill Noble Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Young 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 passed as amended. HR 77. By Mr. Bagby of Paulding: A resolution to compensate Mr. H. C. Holland; 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. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. 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 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, involving an appropriation, a roll call was ordered, and the vote was as follows: 768 JOURNAL OF THE SENATE, Those voting in the affirmative were Senators: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Fincher of 51st Flowers Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill Noble Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Young 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 as amended. HR 78. By Mr. Bagby of Paulding: A resolution to compensate Mrs. Emma C. Couch; and for other pur poses. 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. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. 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 36, nays 0, and the amend ment was adopted. THURSDAY, MARCH 4, 1965 769 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: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Fincher of 51st Flowers Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill Noble Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Young 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 as amended. HR 79. By Mr. Watkins of Gilmer: A resolution to compensate J. Harvey Burgess; 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. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. 770 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 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, involving an appropriation, a roll call was ordered, and the vote was as follows: Those voting in the affirmative were Senators: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Fincher of 51st Flowers Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill Noble Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Young 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 as amended. HR 80. By Mr. Abney of Walker: A resolution to compensate Mr. Paul E. Phillips; and for other pur poses. THURSDAY, MARCH 4, 1965 771 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. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. 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 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, involving an appropriation, a roll call was ordered, and the vote was as follows: Those voting in the affirmative were Senators: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Fincher of 51st Flowers Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill Noble Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Young By unanimous consent, verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 44, nays 0. 772 JOURNAL OF THE SENATE, The resolution, having received the requisite constitutional majority, was adopted as amended. HR 82. By Mr. Byrd of Walton: A resolution compensating Mr. Arthur Juhan; 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. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. 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 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, involving an appropriation, a roll call was ordered, and the vote was as follows: Those voting in the affirmative were Senators: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Fincher of 51st Flowers Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill Noble Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks THURSDAY, MARCH 4, 1965 773 Thompson Ward Webb Wesberry Young 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 as amended. HR 83. By Mr. Simmons of Banks: A resolution to compensate Mr. Ted Roberts; 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. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. 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 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, involving an appropriation, a roll call was ordered, and the vote was as follows: Those voting in the affirmative were Senators: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Pincher of Blst Flowers Gayner 774 JOURNAL OF THE SENATE, Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Logging Maclntyre Miller Minish Moore McGill Noble Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Young 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 as amended. HR 84. By Mr. Tucker of Henry: A resolution compensating Mr. T. W. Craig; 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. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. 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 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. THURSDAY, MARCH 4, 1965 775 The resolution, involving an appropriation, a roll call was ordered, and the *i vote was as follows: Those voting in the affirmative were Senators: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Fincher of 51st Flowers Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill Noble Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Young 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 as amended. HR 85. By Mr. Walker of Lowndes: A resolution compensating Hiram Bembry; 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. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. 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. 776 JOURNAL OF THE SENATE, On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted. The report of the committee, which was favorable to the 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: Adams Ballew Bateman Broun Carter Cog-gin Dean Downing Eldridge Fincher of 51st Flowers Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill Noble Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Young 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 as amended. HR 86. By Mr. Matthews of Clarke: A resolution to compensate Mr. and Mrs. Albert Evans; 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- THURSDAY, MARCH 4, 1965 777 tion of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. 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 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, involving an appropriation, a roll call was ordered, and the vote was as follows: Those voting in the affirmative were Senators: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Fincher of 51st Flowers Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill Noble Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Young 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 as amended. 778 JOURNAL OF THE SENATE, HR 89. By Mr. Etheridge of Fulton: A resolution compensating Edward F. Graham; 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. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. 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 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, involving an appropriation, a roll call was ordered, and the vote was as follows: Those voting in the affirmative were Senators: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Fincher of 51st Flowers Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill Noble Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Young By unanimous consent, verification of the roll call was dispensed with. THURSDAY, MARCH 4, 1965 779 On the adoption of the resolution, the ayes were 44, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. HR 90. By Mr. Etheridge of Fulton: A resolution to compensate Ryder Truck Rental, Inc.; 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. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. 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 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, involving an appropriation, a roll call was ordered, and the vote was as follows: Those voting in the affirmative were Senators: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Fincher of 51st Flowers Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Loggins 780 Maclntyre Miller Minish Moore McGill Noble Padgett JOURNAL OF THE SENATE, Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Young 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 as amended. HR 94. By Messrs. Mitchell and Smith of Whitfield: A resolution to compensate Dwight M. Beaty, Jr.; and for other pur poses. 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. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. 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 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, involving an appropriation, a roll call was ordered, and the vote was as follows: THURSDAY, MARCH 4, 1965 781 Those voting in the affirmative were Senators: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Pincher of 51st Flowers Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill Noble Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Young 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 as amended. HR 124. By Mr. Rush of Tattnall: A resolution to compensate Honorable Henry C. Kennedy, clerk of the Superior Court of Tattnall County and City Court of Reidsville, for certain services rendered; 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. Each payment approved by the State Claims Advisory Board, and approved by the General Assembly, shall have attached to the check mailed to the claimant a statement of this paragraph. 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. 782 JOURNAL OF THE SENATE, On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted. The report of the committee, which was favorable to the 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: Adams Ballew Bateman Broun Carter Coggin Dean Downing Eldridge Fincher of 51st Flowers Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Kendrick Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill Noble Padgett Pennington Plunkett Rowan Sanders Searcey Smalley Smith Spinks Thompson Ward Webb Wesberry Young 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 as amended. HB 6. By Messrs. Snow of Walker, Clarke of Monroe, Blair of Sumter, Smith of Camden, Shea of Chatham, Brooks of Oglethorpe and Fulford of Terrell: A bill to provide for grants to certain incorporated municipalities for the purpose of aiding in the construction and maintenance of streets and for aiding in defraying the costs of providing personnel and equip ment for the control of traffic; and for other purposes. The Committee on Highways offered the following amendment: THURSDAY, MARCH 4, 1965 783 Amend HB 6 by adding a new subsection to Section 2 to be known as subsection (e) and to read as follows: "(e) The computation of individual municipal grants as called for in this Act shall be prepared by the Director of the State High way Department and certified to the State Treasurer. Upon receipt of such certified computation the State Treasurer shall make pay ments as called for herein." By striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows: "Section 5. Prior to June 1, 1965, and prior to June 1 of each succeeding year, a certificate shall be filed which shall be the basis upon which payments shall be made of funds made available under this Act for the immediately succeeding fiscal year beginning July 1 and ending June 30. In the event no certificate is filed within the time limitations specified above, the municipality shall not be entitled to and shall not be paid any funds for the applicable period, and such municipality shall not be included in the formula for determining the amounts of the grants as provided in section 2 of this Act." By striking from Section 6 everything following the period at the end of the second sentence thereof. On the adoption of the committee amendment, the ayes were 38, nays 0, and the amendment was adopted. Senator Maclntyre of the 40th offered the following amendment: Amend HB 6, section 3, line 8 by deleting "who received" and in sert the words "which has received". On the adoption of the amendment, the ayes were 34, nays 4, and the amend ment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended. On the passage of the bill, the ayes were 43, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. 784 JOURNAL OF THE SENATE, HB 285. By Mr. Dean of Polk: 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 32, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 394. By Messrs. Paris of Barrow, Murphy of Haralson, Milhollin of Coffee and others: A bill to amend an act known as the "Georgia Motor Boat Numbering Act", so as to extend the renewal date of said motor boat licenses; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 35, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 488. By Messrs. Newton of Colquitt, Lowrey of Floyd and Milhollin of Coffee: A bill to amend an act known as the "Cooperative Marketing Act" so as to provide for the election of officers from and by others than direc tors; and for other purposes. The report 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. THURSDAY, MARCH 4, 1965 785 HB 84. By Mr. Brooks of Pulton: A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", so as to exempt boat trailers with a gross weight of 2000 Ibs. or less from being equipped with brakes; and for other pur poses. The Committee on Highways offered the following amendment: Amend HB 84 by adding at the end of paragraph 3 before the period and quotation marks, a comma and the words: "Provided said farm trailer shall not weigh over 4000 pounds when empty." 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 45, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. Senator Gordy of the 15th, 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 transmission to the House of Representatives: SB 26. SB 75. SB 93. SB 106. SB 108. SB 110. 786 SB 125. SB 127. SB 131. SB 139. SB 148. SB 151. SB 157. SB 159. SB 160. SB 162. SR 69. SR 82. JOURNAL OP THE SENATE, Respectfully submitted, Gordy of the 15th District, Chairman. Senator Webb of the llth 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. FRIDAY, MARCH 5, 1965 787 Senate Chamber, Atlanta, Georgia, Friday, March 5, 1965. The Senate met pursuant to adjournment at 10:00 o'clock this morning, and was called to order by the president. Scripture reading and prayer were offered by the chaplain, Reverend Jack Ballard, pastor, Mt. Carmel Christian Church, Decatur, Georgia. The roll was called, and the following senators answered to their names: Adams Bateman Broun Coggin Dean Downing Eldridge Fincher of 51st Fincher of 54th Foster Gayner Gillis Gordy Hall Hill Holley Holloway Jackson Johnson of 42nd Johnson of 38th Kendrick Kidd Kilpatrick Lee Loggins Maclntyre Miller Minish Moore McGill Noble Owens Padgett Plunkett Rowan Salome Sanders Searcey Smalley Smith Spinks Thompson Tribble Ward Webb Wesberry Yancey Young 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 Webb of the llth 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. 788 JOURNAL OF THE SENATE, The consent was granted. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate to-wit: HB 594. By Mr. White of Mclntosh: A bill to abolish the present mode of compensating the Clerk of the Superior Court, the Sheriff and the Tax Commissioner of Mclntosh County, known as the fee system; and for other purposes. HB 595. By Messrs. Caldwell and Page of Upson: A bill to place the sheriff of Upson County upon an annual salary in lieu of the fee system; and for other purposes. HB 597. By Mr. Murphy of Haralson: A bill to amend an act fixing the salary of the treasurer of Haralson County, so as to increase the compensation of the treasurer; and for other purposes. HB 598. By Mr. Brantley of Candler: A bill to abolish the present mode of compensating the Sheriff of Candler County, known as the fee system; and for other purposes. HB 603. By Mr. DeLoach of Echols: A bill to amend an act entitled "An Act to incorporate the Town of Statesville, in Echols County", so as to change the corporate limits of said town; and for other purposes. HB 604. By Mr. DeLoach of Echols: A bill to abolish the present mode of compensating the sheriff of Echols County, known as the fee system; and for other purposes. FRIDAY, MARCH 5, 1965 789 HB 605. By Mr. McKemie of Clay: A bill to amend an act creating a new charter for the City of Port Gaines, so as to change the corporate limits; and for other purposes. HB 606. By Mr. Lewis of Wilkinson: A bill to abolish the present method of compensating the sheriff of Wilkinson County, known as the fee system; and for other purposes. HB 602. By Mr. DeLoach of Echols: A bill to amend an act entitled "An Act to incorporate the Town of Statesville, in Echols County", so as to reincorporate the Town of Statesville as the City of Statenville; and for other purposes. HB 607. By Mr. Lewis of Wilkinson: A bill to abolish the present method of compensating the ordinary of Wilkinson County, known as the fee system; and for other purposes. HB 609. By Messrs. Moore and Dean of Polk: A bill to amend an act creating a new charter for the City of Cedartown, so as to change the tax millage rate; and for other purposes. HB 610. By Mr. Conner of Jeff Davis: A bill to amend an act creating a new charter for the City of Hazlehurst, so as to provide for the taxation of life insurance companies doing business within the corporate limits of said City; and for other purposes. HB 611. By Mr. Conner of Jeff Davis: A bill to amend an act creating a new charter for the City of Hazlehurst, so as to authorize the use of voting machines in all municipal elections; an for other purposes. HB 612. By Mr. Conner of Jeff Davis: A bill to amend an act creating a new charter for the City of Hazlehurst, so as to provide for the taxation of life, accident and sickness insurance companies doing business within the corporate limits of said City; and for other purposes. 790 JOURNAL OF THE SENATE, HB 613. By Mr. Smith of Emanuel: A bill to implement the constitutional amendment creating the "Emanuel County Development Authority"; and for other purposes. HB 619. By Mr. Knight of Berrien: A bill to amend an act revising, consolidating and superseding the laws of this State, so as to change the provisions in regard to the use of baskets for the taking of rough fish; and for other purposes. HB 621. By Mr. Roper of Greene: A bill to amend an act placing certain county officers of Greene County on a salary basis in lieu of a fee basis, so as to change the compensa tion of the ordinary; and for other purposes. HB 622. By Mr. Roper of Greene: A bill to amend an act placing certain county officers of Greene County on a salary basis in lieu of a fee basis, so as to change the provisions relative to the compensation of the sheriff; and for other purposes. HB 623. By Messrs. Brooks, Etheridge and McClelland of Pulton: A bill to amend an act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the SolicitorGeneral of said Circuit, so as to fix the compensation of the Solicitor General of said Circuit; and for other purposes. HB 624. 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 governing authority to convey any interest in real property owned by the city under certain circum stances; and for other purposes. HB 627. By Mr. Dorminy of Ben Hill: A bill to provide that the sheriff of Ben Hill County, Georgia, shall be placed on a salary basis in lieu of a fee basis; and for other purposes. HB 630. By Mr. Bagby of Paulding: A bill to amend an act placing the clerk of the Superior Court, the sheriff, ordinary and the coroner of Paulding County on a salary basis in lieu of a fee basis; and for other purposes. FRIDAY, MARCH 5, 1965 791 HB 631. By Mr. Smith oi Grady: A bill to abolish the present mode of compensating the sheriff of Grady County, known as the fee system; and for other purposes. HB 632. By Mr. Smith of Grady: A bill to amend an act to create a board of commissioners of roads and revenues for the County of Grady, so as to define the manner of fixing the salary of the Chairman of said board; and for other purposes. HB 634. By Mr. Fulford of Terrell: A bill to abolish the present method of compensating sheriffs in cer tain counties known as the fee system; and for other purposes. HB 635. By Mr. McRae of Talbot: A bill to amend an act incorporating the city of Woodland, so as to provide for the closing of a certain street in said city; and for other purposes. HB 636. By Messrs. Lowrey and Minge of Floyd: A bill to amend an act repealing an Act entitled "An Act to provide uniformity in the compensation of boards of commissioners of roads and revenues in Floyd County,", so as to change the percentage of the contract price which the board shall be authorized to pay to a con tractor before completion of the contract; and for other purposes. HB 637. By Mr. Lovett of Laurens: A bill to amend an act incorporating the Town of East Dublin, so as to change the hours for which the polls shall remain open for municipal elections; and for other purposes. HB 639. By Mr. Tabb of Miller: A bill to abolish the present mode of compensating the sheriff of Miller County, known as the fee system; and for other purposes. HB 643. By Messrs. Peterson and Stalnaker of Houston: A bill to create in and for the County of Houston the City Court of Warner Robins; and for other purposes. 792 JOURNAL OF THE SENATE, HR 213. By Mr. Fulford of Terrell: A resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the board of education of Terrell County by the people and for the election of the county school super intendent of Terrell County by the board of education of Terrell County; and for other purposes. SB 114. By Senator Edenfield of the 4th: A bill to amend an act placing the Solicitor-General of the Ogeechee judicial circuit on an annual salary; and for other purposes. SB 126. By Senator Holley of the 22nd : A bill to amend an act entitled "An Act to abolish justice courts and the office of justice of the peace and notary public ex officio justice of the peace and the office of constable in the City of Augusta, Geor gia", so as to revise all the laws relating to Municipal Court of Augusta, Georgia; and for other purposes. HR 201. By Mr. Griffis of Cook: A resolution authorizing the conveyance of a certain tract of stateowned property to Cook County; and for other purposes. HB 608. By Mr. Herndon of Appling: A bill to amend an act placing the sheriff, clerk of the superior court, tax collector, and tax receiver in Appling County on an annual salary in lieu of the fee system; and for other purposes. The House has agreed to the Senate amendments to the following bills of the House, to-wit: HB 440. By Mr. Clarke of Monroe: A bill to create a public corporation to be known as "The Board of Trustees of the Joint Municipal Employees' Retirement System"; and for other purposes. HB 73. By Messrs. Williams and Overby of Hall, Pope of Cherokee, and others: A bill to amend Code Section 42-205, relating to the imposition of an inspection fee and exemptions from inspection fees for certain classes of commercial feeding stuffs; and for other purposes. FRIDAY, MARCH 5, 1965 793 HB 287. By Mr. Richardson of Chatham: A bill to require all meetings of the governing bodies of municipalities, counties, boards of public instructions, and other boards, bureaus, etc., supported in whole or in part by public funds or expending public funds, to be public meetings; and for other purposes. HB 408. By Mr. Bynum of Rabun: A bill to place the sheriff of Rabun County upon an annual salary; and for other purposes. HB 346. By Mr. Bagby of Paulding: A bill to amend an act creating the office of Tax Commissioner of Paulding County, so as to change the compensation of the clerk; and for other purposes. HB 380. By Messrs. McDaniell, Duncan and Jordan of Cobb: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Cobb County, so as to change the provisions relating to meetings of the Commission; and for other purposes. The House insists on its position of the following bill of the House and respectfully asks that a Committee of Conference be appointed: HB 44. By Messrs. Barber of Jackson, Harris of DeKalb and others: A bill to amend Code Chapter 74-1 relating to the relationship of parent to child, so as to require certain persons to report any cases of cruel treatment of children which he notices in the examination of any such children; and for other purposes. The Speaker, on the part of the House, has appointed as a Committee of Conference the following members: Messrs. Barber of Jackson, Acree of Towns and Harris of DeKalb. The House has passed by the requisite constitutional majority the following bills and resolution of the House to-wit: HB 468. By Mr. Conger of Decatur: A bill to provide for the organization and creation of a statewide busi ness development corporation or corporations; and for other purposes. 794 JOURNAL OF THE SENATE, HB 551. By Messrs. Minge and Lowrey of Ployd and Murphy of Haralson: A bill to amend Code Chapter 88-17, relating to vital records, so as to remove the provisions relating to the forwarding of a certificate of adoption or annullment of adoption or amendment thereto from a court for a person born outside this State; and for other purposes. HB 618. By Messrs. Brooks and McClelland of Fulton: A bill to amend an act known as the "Motor Vehicle Certificate of Title Act", so as to require owners who sell or in any manner dispose of a vehicle as wreckage or salvage or who scrap, dismantle or destroy a vehicle to mail or deliver the certificate of title to the State Revenue Commissioner for cancellation, along with the manufacturer's serial plate from certain vehicles; and for other purposes. HB 485. By Mr. Jones of Bibb: A bill to provide that any person who suffers from epilepsy, diabetes, a cardiac condition, or any other type of illness which causes temporary blackouts, etc., shall be authorized to wear an identification bracelet or tag; and for other purposes. HR 210. By Messrs. Steis of Harris, Duncan of Cobb, McDaniell and Jordan of Cobb: A resolution authorizing the Governor to execute a lease in behalf of the State of Georgia of certain property conveyed to the State by Cobb County; and for other purposes. HB 65. By Mr. Conner of Jeff Davis: A bill to amend Code Section 56-803a, relating to licensing of and paying commissions to agents writing life and accident sickness insur ance; and for other purposes. HB 561. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A bill to amend Code Sections 92-2401, 92-2402 and 92-2405 relating to the imposition, assessment, reporting and collection of the annual license or occupation tax on corporations; and for other purposes. HB 584. By Mr. Lambert of Morgan: A bill to amend an act providing that any Judge of the superior court may request any judge emeritus of the superior court of his judicial circuit or any adjoining circuit to serve and preside under certain conditions; and for other purposes. FRIDAY, MARCH 5, 1965 795 HB 600. By Messrs. Harris of DeKalb and Dixon of Ware: A bill to amend an act establishing the State Employees' Retirement System, as amended, so as to provide for credit to certain members for previous-service as employees of the Georgia Cooperative Services for the Blind, Inc., 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 84. By Mr. Brooks of Fulton: A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", so as to exempt boat trailers with a gross weight of 2000 Ibs. or less from being equipped with brakes; and for other purposes. The following bills and resolutions were introduced, read the first time, and referred to committees: SB 201. By Senators Thompson of the 34th, Maclntyre of the 40th, Wesberry of the 37th, and Coggin of the 35th: A hill creating a new charter for the City of Fairburn, so as to extend the city limits of the City of Fairburn; to provide for the severability of any provisions of this Act; to repeal conflicting laws; and for other purposes. Referred to Committee on County and Municipal Governments. SB 202. By Senator Miller of the 43rd: A bill to provide that in any county having a certain population in which a merit system of personnel administration has been established, the merit system council of such merit system of personnel administra tion shall be composed of five (5) members; to provide the method of their appointment; and for other purposes. Referred to Committee on Rules. SB 203. By Senator Miller of the 43rd: A bill to amend an act enabling DeKalb County to establish a planning commission, so as to abolish the DeKalb County Planning Commission; to create a new DeKalb County Planning Commission; to provide for appeals from decisions of the Board of Zoning Adjustments; and for other purposes. Referred to Committee on County and Municipal Governments. 796 JOURNAL OF THE SENATE, SB 204. By Senator Thompson of the 34th: A bill to be entitled "An act to amend the Charter of the City of East Point; and for other purposes". Eeferred to Committee on County and Municipal Governments. SB 205. By Senator Thompson of the 34th: A bill to be entitled "An act to amend the Charter of the City of East Point; and for other purposes". Referred to Committee on County and Municipal Governments. SB 206. By Senator Thompson of the 34th: A bill to be entitled "An act to amend the Charter of the City of East Point; and for other purposes". Referred to Committee on County and Municipal Governments. SB 207. By Senator Thompson of the 34th: A bill to be entitled "An act to amend the Charter of the City of East Point; and for other purposes". SB 212. By Senator Hall of the 52nd: A bill to amend an act creating the City Court of Floyd County, so as to change the compensation of the judge; and for other purposes. Referred to Committee on County and Municipal Governments. SB 213. By Senator Hall of the 52nd: A bill to amend an act fixing the compensation of and for members of the Board of Roads and Revenues of Floyd County, Georgia, so as to change the compensation of the chairman, vice-chairman and other members of the Board of Commissioners; to repeal conflicting laws; and for other purposes. Referred to Committee on County and Municipal Governments. SB 214. By Senator Webb of the llth: A bill to amend Code Chapter 26-61, relating to lewdness and lewd houses, so as to provide that any man or woman who shall lewdly and lasciviously cohabit together, and any man or woman who shall be guilty of gross lewdness and lascivious behavior shall be guilty of a felony; and for other purposes. Referred to Committee on Rules. FRIDAY, MARCH 5, 1965 797 i: SB 215. By Senator Maclntyre of the 40th, Johnson of the 38th, Thompson of f(; the 34th, and Wesberry of the 37th: : A bill to amend an act establishing a new charter for the City of Atlanta, and the several Acts amendatory thereof, and for other purposes. Referred to Committee on County and Municipal Governments. SR 83. By Senator Miller of the 43rd: A resolution proposing an amendment to the Constitution, so as to provide for the procedure for the incorporation of territory within the limits of certain municipalities when the territory proposed to be annexed is located in the territorial limits of DeKalb County; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes. Referred to Committee on Rules. SR 84. By Senator Ballew of the 50th: A resolution proposing an amendment to the Constitution so as to provide for the election of the County School Superintendent of Fannin County by the people; to provide for the filling of vacancies on the County Board of Education of Fannin County; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes. Referred to Committee on Rules. SR 85. By Senator Kidd of the 25th: A resolution authorizing the standing Defense and Veterans Affairs Committee of the Senate to function after final adjournment of the 1965 Regular Session of the General Assembly; and for other purposes. Referred to Committee on Defense and Veterans Affairs. HB 594. By Mr. White of Mclntosh: A bill to abolish the present mode of compensating the clerk of the Superior Court, the sheriff and the tax commissioner of Mclntosh County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 595. By Messrs. Caldwell and Page of Upson: A bill to place the sheriff of Upson County upon an annual salary in lieu of the fee system of compensation; and for other purposes. Referred to Committee on County and Municipal Governments. 798 JOUENAL OF THE SENATE, HB 597. By Mr. Murphy of Haralson: A bill to amend an act fixing the salary of the treasurer of Haralson County, so as to increase the compensation of the treasurer; and for other purposes. Referred to Committee on County and Municipal Governments. HB 598. By Mr. Brantley of Candler: A bill to abolish the present mode of compensating the sheriff of Candler County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 602. By Mr. DeLoach of Echols: A bill to amend an act entitled "An act to incorporate the Town of Statesville, in Echols County", as to to reincorporate the Town of Statesville as the City of Statenville; and for other purposes. Referred to Committee on County and Municipal Governments. HB 603. By Mr. DeLoach of Echols: A bill to amend an act entitled "An act to incorporate the Town of Statesville, in Echols County", so as to change the corporate limits of said town; and for other purposes. Referred to Committee on County and Municipal Governments. HB 604. By Mr. DeLoach of Echols: A bill to abolish the present mode of compensating the sheriff of Echols County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 605. By Mr. McKemie of Clay: A bill to amend an act creating a new charter for the City of Fort Gaines, so as to change the corporate limits; and for other purposes. Referred to Committee on County and Municipal Governments. HB 606. By Mr. Lewis of Wilkinson: A bill to abolish the present method of compensating the sheriff of Wilkinson County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. FRIDAY, MARCH 5, 1965 799 HB 607. By Mr. Lewis of Wilkinson: A bill to abolish the present method of compensating the ordinary of Wilkinson County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 608. By Mr. Herndon of Appling: A bill to amend an act placing the sheriff, clerk of the superior court, tax collector, and tax receiver in Appling County on an annual salary in lieu of the fee system so as to change the compensation of the secretary of the sheriff of Appling County; and for other purposes. Referred to Committee on County and Municipal Governments. HB 609. By Messrs. Moore and Dean of Polk: A bill to amend an act creating a new charter for the City of Cedartov/n, so as to change the tax millage rate; and for other purposes. Referred to Committee on County and Municipal Governments. HB 610. By Mr. Conner of Jeff Davis: A bill to amend an act creating a new charter for the City of Hazlehurst, so as to provide for the taxation of life insurance companies doing business within the corporate limits of said city; and for other purposes. Referred to Committee on County and Municipal Governments. HB 611. By Mr. Conner of Jeff Davis: A bill to amend an act creating a new charter for the City of Hazlehurst, so as to authorize the use of voting machines in all municipal elections; and for other purposes. Referred to Committee on County and Municipal Governments. HB 612. By Mr. Conner of Jeff Davis: A bill to amend an act creating a new charter for the City of Hazlehurst, so as to provide for the taxation of life, accident and sickness insurance companies doing business within the corporate limits of said city; and for other purposes. Referred to Committee on County and Municipal Governments. 800 JOURNAL OF THE SENATE, HB 613. By Mr. Smith of Emanuel: A bill to implement the constitutional amendment creating the "Emanuel County Development Authority"; and for other purposes. Referred to Committee on County and Municipal Governments. HB 619. By Mr. Knight of Berrien: A bill to amend an act revising, consolidating and superseding the laws of this State, so as to change the provisions in regard to the use of baskets for the taking of rough fish; and for other purposes. Referred to Committee on County and Municipal Governments. HB 621. By Mr. Roper of Greene: A bill to amend an act placing certain county officers of Greene County on a salary basis in lieu of a fee basis, so as to change the compensation of the ordinary; and for other purposes. Referred to Committee on County and Municipal Governments. HB 622. By Mr. Roper of Greene: A bill to amend an act placing certain county officers of Greene County on a salary basis in lieu of a fee basis, so as to change the provisions relative to the compensation of the sheriff; and for other purposes. Referred to Committee on County and Municipal Governments. HB 623. By Messrs. Brooks, Etheridge and McClelland of Fulton: A bill to amend an act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applies to the office of the SolicitorGeneral of said circuit, so as to fix the compensation of the solicitor general of said circuit; and for other purposes. Referred to Committee on County and Municipal Governments. HB 624. 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 governing authority to convey any interest in real property owned by the city under certain circum stances; and for other purposes. Referred to Committee on County and Municipal Governments. FRIDAY, MARCH 5, 1965 801 HB 627. By Mr. Dorminy of Ben Hill: A bill to provide that the sheriff of Ben Hill County, Georgia, shall be placed on a salary basis in lieu of a fee basis; and for other purposes. Referred to Committee on County and Municipal Governments. HB 630. By Mr. Bagby of Paulding: A bill to amend an act placing the clerk of the Superior Court, the sheriff, ordinary and the coroner of Paulding County on a salary basis in lieu of a fee basis; and for other purposes. Referred to Committee on County and Municipal Governments. HB 631. By Mr. Smith of Grady: A bill to abolish the present mode of compensating the sheriff of Grady County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 632. By Mr. Smith of Grady: A bill to amend an act to create a Board of Commissioners of Roads and Revenues for the County of Grady, so as to define the manner of fixing the salary of the chairman of said board; and for other pur poses. Referred to Committee on County and Municipal Governments. HB 634. By Mr. Fulford of Terrell: A bill to abolish the present method of compensating sheriffs in certain counties known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 635. By Mr. McRae of Talbot: A bill to amend an act incorporating the City of Woodland, so as to provide for the closing of a certain street in said city; and for other purposes. Referred to Committee on County and Municipal Governments. HB 636. By Messrs. Lowrey and Minge of Floyd: A bill to amend an act repealing an act entitled "An act to provide uniformity in the compensation of boards of commissioners of roads and revenues in Floyd County," so as to change the percentage of the 802 JOURNAL OP THE SENATE, contract price which the board shall be authorized to pay to a con tractor before completion of the contract; and for other purposes. Referred to Committee on County and Municipal Governments. HB 637. By Mr. Lovett of Laurens: A bill to amend an act incorporating the Town of East Dublin, so as to change the hours for which the polls shall remain open for municipal elections; and for other purposes. Referred to Committee on County and Municipal Governments. HB 639. By Mr. Tabb of Miller: A bill to abolish the present mode of compensating the sheriff of Miller County, known as the fee system; and for other purposes. Referred to Committee on County and Municipal Governments. HB 643. By Messrs. Peterson and Stalnaker of Houston: A bill to create in and for the County of Houston the City Court of Warner Robins; and for other purposes. Referred to Committee on County and Municipal Governments. HR 213. By Mr. Fulford of Terrell: A resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Terrell County by the people and for the election of the county school super intendent of Terrell County by the Board of Education of Terrell County; and for other purposes. Referred to Committee on County and Municipal Governments. HR 201. By Mr. Griffis of Cook: A resolution authorizing the conveyance of a certain tract of stateowned property to Cook County; and for other purposes. Referred to Committee on Rules. HB 65. By Mr. Conner of Jeff Davis: A bill to amend Code section 56-618, relating to the licensing require ments for surplus line brokers, so as to increase the bond required of the broker; and for other purposes. Referred to Committee on Banking and Finance. FRIDAY, MARCH 5, 1965 803 HB 468. By Mr. Conger of Decatur: A bill to provide for the organization and creation of a statewide business development corporation or corporations; and for other pur poses. Referred to Committee on Rules. HB 551. By Messrs. Minge and Lowrey of Floyd and Murphy of Haralson: A bill to amend Code chapter 88-17, relating to vital records, so as to remove the provisions relating to the forwarding of a certificate of adoption or annullment of adoption or amendment thereto from a court for a person born outside this State; and for other purposes. Referred to Committee on Judiciary. HB 561. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade, Busbee of Dougherty and Brooks of Fulton: A bill to amend Code sections 92-2401, 92-2402 and 92-2405, relating to the imposition, assessment, reporting and collection of the annual license or occupation tax on corporations so as to provide for such corporations that are subject to the Georgia income tax laws the same taxable periods and reporting dates for the license or occupation tax as are provided for income tax; and for other purposes. Referred to Committee on Banking and Finance. HB 584. By Mr. Lambert of Morgan: A bill to amend an act providing that any judge of the superior court may request any judge emeritus of the superior court of his judicial circuit or any adjoining circuit to preside in the superior court of the judicial circuit of the judge making the request, so as to provide that any judge emeritus may serve in any judicial circuit on request of a judge of any superior court; and for other purposes. Referred to Committee on Judiciary. HB 600. By Messrs. Harris of DeKalb and Dixon of Ware: A bill to amend an act establishing the State Employees' Retirement System, so as to provide for credit to certain members for previous service as employees of the Georgia Cooperative Services for the Blind, Inc.; and for other purposes. Referred to Committee on Rules. 804 JOURNAL OF THE SENATE, HB 485. By Mr. Jones of Bibb: A bill to provide that any person who suffers from epilepsy, diabetes, a cardiac condition, or any other type of illness which causes temporary black outs, semi-conscious periods or complete unconsciousness shall be authorized to wear an identification bracelet or metal tag with certain information engraved or stamped thereon; and for other pur poses. Referred to Committee on Health and Welfare. HB 618. By Messrs. Brooks and McClelland of Fulton: A bill to amend an act known as the "Motor Vehicle Certificate of Title Act", so as to require owners who sell or in any manner dispose of a vehicle as wreckage or salvage or who scrap, dismantle or destroy a vehicle to mail or deliver the certificate of title to the State Revenue Commissioner for cancellation, along with the manufacturer's serial plate from certain vehicles; and for other purposes. Referred to Committee on Judiciary. HR 210. By Messrs. Steis of Harris, Duncan, McDaniell and Jordan of Cobb: A resolution authorizing the Governor to execute a lease in behalf of the State of Georgia of certain property conveyed to the State by Cobb County 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. The following bills and resolutions were read the second time: SB 186. By Senator Webb of the llth: A bill to amend an act creating the positions of Chief Justice Emeritus and Associate Justice Emeritus, so as to provide that the prohibition against appointment as Justice Emeritus shall not apply to any person holding the office of Judge of the Court of Appeals on April 1, 1965, who is subsequently appointed as a Justice of the Supreme Court; and for other purposes. SB 187. By Senators Webb of the llth and Jackson of the 16th: A bill to amend an act known as the Georgia Water Quality Control Act, so as to authorize the Georgia Water Quality Control Board to adopt rules and regulations concerning the disposal of sewage by boats equipped with marine toilets; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 5, 1965 805 SB 191. By Senator Minish of the 48th: A bill to provide that the Mayor of the City of Commerce shall make make appointment to fill vacancies on the Board of the Banks-JacksonCommerce Hospital Authority when such vacancies occur in the mem bership on such Board from the City of Commerce; and for other purposes. SB 192. By Senator Minish of the 48th: A bill to provide that the governing authority of Jackson County shall make appointments to fill vacancies on the Board of the Banks-JacksonCommerce Hospital Authority when such vacancies occur in the mem bership on such Board from Jackson County; and for other purposes. SB 193. By Senator Minish of the 48th: A bill to provide that the governing authority of Banks County shall make appointments to fill vacancies on the Board of the Banks-JacksonCommerce Hospital Authority when such vacancies occur in the mem bership on such Board from Banks county; and for other purposes. SB 194. By Senators Coggin of the 35th, Thompson of the 34th, Wesberry of the 37th, Salome of the 36th, Ward of the 39th, Maclntyre of the 40th, and Johnson of the 38th: A bill to amend an act authorizing the Commissioners of Roads and Revenues of Fulton County to provide group insurance for all regular County employees; and for other purposes. SB 195. By Senators Gillis of the 20th, Webb of the llth, and Coggin of the 35th: A bill to amend an Act creating the Claims Advisory Board, so as to provide that it shall be unlawful for any member of the Claims Advisory Board, any members of the General Assembly, or any State Official or employee to receive any fee, money, gift, or any other things of value, other than their regular compensation, in connection with any claim; and for other purposes. SB 196. By Senators Thompson of the 34th, Maclntyre of the 40th, Salome of the 36th, and others: A bill to amend an Act establishing a new charter for the City of Atlanta, and the several Acts amendatory thereof, and for other pur poses. 806 JOURNAL OP THE SENATE, SB 197. By Senators Wesberry of the 37th, Salome of the 36th, Thompson of the 34th, and others: A bill to amend an Act establishing a new charter for the City of Atlanta, and the several Acts amendatory thereof, and for other pur poses. SB 198. By Senators Wesberry of the 37th Salome of the 36th, and others: A bill to amend an Act establishing a new charter for the City of Atlanta, and the several Acts amendatory thereof, and for other pur poses. SB 199. By Senators Salome of the 36th, Thompson of the 34th, and others: A bill to amend an act entitled "An Act to regulate primary elections in all municipalities in the State of Georgia, by providing how such elections shall be conducted, the returns thereof made, and to provide penalties for the violation thereof, and providing that the same shall apply only to cities of 200,000 or more according to the last or any future Federal Census; and for other purposes," by repealing Section 3 of said Act in reference to voting in ward and district of residence of elector. SB 200. By Senator Hall of the 52nd: A bill to abolish the office of treasurer of Floyd County; to provide for the transfer of the duties of said office to the governing authority of Floyd County; to provide the procedure connected therewith; and for other purposes. SR 78. By Senator Downing of the 1st: A resolution proposing an amendment to the Constitution so as to pro vide for the exemption from taxation of boats owned by members of a Boating Rescue Squadron; to provide for the submission of this amendment for ratification or rejection; and for other purposes. SR 79. By Senators Carter of the 14th, Smalley of the 28th, and Webb of the llth: A resolution authorizing and directing the State Librarian to supply the Senate with certain legal publications; and for other purposes. SR 80. By Senator Kidd of the 25th: A resolution authorizing the Governor to acquire certain property for the State of Georgia; and for other purposes. FRIDAY, MARCH 5, 1965 807 SR 81. By Senator Webb of the llth: A resolution electing Honorable Robert E. Lee, Jr. of the 47th Sena torial District as a member of the "State Real Properties Control Com mission"; and for other purposes. HB 367. By Messrs. Busbee of Dougherty, Smith of Emanuel, Simpson of Wheeler, Bedgood of Clarke and others: A bill to amend Code section 47-101, relating to the apportionment of the membership of the House of Representatives, so as to provide for the apportionment of the membership of the House of Representatives; and for other purposes. HB 570. By Messrs. Alien and Branch of Tift: A bill to abolish the present mode of compensating the clerk of the superior court of Tift County, known as the fee system; and for other purposes. HB 571. By Messrs. Alien and Branch of Tift: A bill to abolish the present mode of compensating the tax commis sioner of Tift County, known as the fee system; and for other purposes. HB 572. By Messrs. Alien and Branch of Tift: A bill to place the sheriff of Tift County upon an annual salary in lieu of the fee system of compensation; and for other purposes. HB 573. By Messrs. Alien and Branch of Tift: A bill to abolish the present mode of compensating the ordinary of Tift County, known as the fee system; and for other purposes. HB 575. By Mr. Lee of Clinch: A bill to abolish the present mode of compensating the sheriff of Clinch County, known as the fee system; and for other purposes. HB 578. By Mr. Rowland of Johnson: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Johnson County, so as to change the compensation of the commissioners; and for other purposes. 808 JOURNAL OF THE SENATE, HB 579. By Mr. Rowland of Johnson: A bill to amend an act establishing the City Court of Wrightsville, so as to change the compensation of the judge; and for other purposes. HB 587. By Mrs. Merritt of Sumter and Mr. Blair of Sumter: A bill to place the sheriff of Sumter County on a salary basis in lieu of a fee basis; and for other purposes. HB 590. By Mr. Poss of Madison: A bill to create a Board of Commissioners of Roads and Revenues of Madison County so as to provide for the compensation of the board; and for other purposes. HB 591. By Mr. Poss of Madison: A bill to abolish the present mode of compensating the clerk of the Superior Court, the ordinary, the tax commissioner, and the coroner of Madison County, known as the fee system; and for other purposes. HB 592. By Mr. Poss of Madison: A bill to abolish the present mode of compensating the sheriff of Madi son County, known as the fee system; and for other purposes. HB 254. By Messrs. Acree of Towns, Watkins of Gilmer, Savage of Macon and others: A bill to authorize sterilization of individuals by doctors of medicine; and for other purposes. HB 525. By Mr. Brooks of Fulton: A bill to amend an act known as the "Juvenile Court Act", so as to provide and empower the Juvenile Courts to act as Courts of Inquiry; and for other purposes. HB 582. By Messrs. Harris, Bowen and Farrar of DeKalb, Spillers of Newton and Vaughn of Rockdale: A bill to provide for one additional judge of the Superior Courts of the Stone Mountain Judicial Circuit; and for other purposes. HR 211. By Messrs. Steis of Harris, Floyd of Chattooga, Brown of Bacon and Harris and Smith of Glynn: 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 FRIDAY, MARCH 5, 1965 809 County of Glynn 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. HR 215. By Mr. Smith of Grady: A resolution authorizing the conveyance of certain property to Grady County; and for other purposes. HB 568. By Messrs. Bynum of Rabun, Matthews of Clarke, Coker of Cherokee and others: A bill to fix the salaries of the judges of the Superior Courts, so as to change the salaries of the judges of the Superior Courts; to provide that salaries will be increased according to per capita State income; and for other purposes. Mr. Yancey of the 33rd District, Secretary 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 Secretary, to report the same back to the Senate with the following recommendations: SB 66. Do Not Pass. SB 67. Do Pass as Amended. SB 96. Do Pass. SB 135. Do Pass. SB 136. Do Pass as Amended. SB 146. Do Pass. SB 155. Do Pass. SB 170. Do Pass. SB 183. Do Pass by Substitute. HB 535. Do Pass. Respectfully submitted, Yancey of 33rd District, Secretary. 810 JOURNAL OF THE SENATE, 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 and resolution of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recom mendations : HR 176. Do Pass. SB 184. Do Pass. HB 261. Do Pass as Amended. SB 84. Do Pass as Amended. HB 496. Do Pass by Substitute. Respectfully submitted, Carter of 14th District, Secretary. Mr. Pennington of the 45th District, Chairman of the Committee on Agri culture and Natural Resources, submitted the following report: Mr. President: Your Committee on Agriculture and Natural Resources has had under con sideration the following bill of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation: HB 192. Do Pass. Respectfully submitted, Pennington of 45th District, Chairman. Mr. Downing of the 1st District, Chairman of the Committee on County and Municipal Governments, submitted the following report: Mr. President: Your Committee on County and Municipal Governments has had under con sideration the following bills of the Senate and House and has instructed me as Chairman, to report the same back to the Senate with the following recom mendations : SB 154. Do Pass. SB 164. Do Pass. FRIDAY, MARCH 5, 1965 811 SB 165. Do Pass. SB 168. Do Pass. SB 169. Do Pass. SB 182. Do Pass. HB 108. Do Pass by Substitute. HB 146. Do Pass. HB 243. Do Pass. HB 347. Do Pass as Amended. HB 457. Do Pass. HB 459. Do Pass. HB 484. Do Pass. HB 499. Do Pass by Substitute. HB 504. Do Pass. HB 506. Do Pass as Amended. HB 514. Do Pass. HB 522. Do Pass. HB 528. Do Pass. HB 529. Do Pass. HB 530. Do Pass. HB 536. Do Pass. HB 540. Do Pass. HB 541. Do Pass. HB 548. Do Pass. HB 553. Do Pass. HB 557. Do Pass. Respectfully submitted, Downing of 1st District, Chairman. Mr. Coggin of the 35th District, Vice-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 has instructed me as Vice- 812 JOURNAL OP THE SENATE, Chairman, to report the same back to the Senate with the following recom mendations : SB 173. Do Pass. SB 189. Do Pass by Substitute. SB 188. Do Pass by Substitute. Respectfully submitted, Coggin of 35th District, Vice-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 resolution of the Senate and has instructed me as Chairman, to report the same back to the Senate with the following recommendation: SR 66. Do Pass. Respectfully submitted, Gillis of 20th District, Chairman. Mr. Rowan of the 8th District, Secretary of the Committee on Rules, sub mitted the following report: Mr. President: Your Committee on Rules has had under consideration the following bills and resolutions of the Senate and House and has instructed me as Secretary, to report the same back to the Senate with the following recommendations: HB 13. Do Pass. HB 272. Do Pass as Amended. HB 107. Do Pass. HB 226. Do Pass as Amended. HR 185. Do Pass. HB 583. Do Not Pass. SB 190. Do Pass by Substitute. SR 37. Do Pass by Substitute. FRIDAY, MARCH 5, 1965 813 HB 420. Do Pass. HB 85. 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 154. By Senator Kidd of the 25th: A bill to amend an act creating a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. Laws 1900, p. 345), as amended, so as to change the provisions relative to registration and voting; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 164. By Senators Wesberry of the 37th, Johnson of the 38th, Ward of the 39th and others: A bill to amend an act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed. 814 JOURNAL OF THE SENATE, SB 165. By Senators Tribble of the 3rd, Searcey of the 2nd and Downing of the 1st: A bill to amend the charter of the Town of Pooler and other acts amendatory thereto incorporating and reincorporating and fixing and prescribing and extending the corporate limits of the said town; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 168. By Senator Minish of the 48th: A bill to amend an act incorporating the City of Commerce in the County of Jackson, approved Aug. 17, 1909 (Ga. Laws 1909, p. 665), as amended, so as to provide that the marshal or chief of police, night watchman, and police officers of the City of Commerce shall hold office until removed for cause; and for other purposes. The report 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 169. By Senators Tribble of the 3rd, Searcey of the 2nd and Downing of the 1st: A bill to create within the area of Chatham County known as "Isle of Hope" a water, fire, sanitation and sewerage district; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 31, nays 0. FRIDAY, MARCH 5, 1965 815 The bill, having received the requisite constitutional majority, was passed. SB 173. By Senator Hall of the 52nd: A bill to amend an act creating a new charter and municipal govern ment for the City of Rome, approved August 19, 1918 (Ga. Laws 1918, p. 813), as amended, so as to enlarge the present city boundaries and cor porate limits by the annexation of certain described property adjacent to the present city limits; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 182. By Senators Johnson of the 38th, Coggin of the 35th, Wesberry of the 37th and others: A bill to amend Code section 61-302, relating to the issuance of dispossessory warrants or processes against tenants holding possession of lands and tenements over and beyond the term for which the same were rented or leased, as amended, so as to provide for the execution of dispossessory warrants 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 85. By Messrs. Pickard, Brinkley and Jones of Muscogee: A bill to amend Code section 91-8 pertaining to Inventory and Public Sale of Property as pertains to certain counties; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 816 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 146. By Mr. Simmons of Banks: A bill to amend an act entitled "An act to create a Board of Commis sioners of Roads and Revenues for Banks County", so as to change the compensation of the two commissioners who are not serving as chair man; and for other purposes. The report 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 243. By Mr. Mauney of White: A bill to place the sheriff of White County upon an 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 457. By Mr. Collins of Toombs: A bill to amend an act creating the City Court of Lyons, so as to change the compensation of the judge of said court; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. FRIDAY, MARCH 5, 1965 817 On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 459. By Mr. Collins of Toombs: A bill to amend an act creating the City Court of Lyons, so as to pro vide that the rules of practice, forms of pleading and methods of pro cedure now prevailing in the superior courts of this State shall be the same rules of practice and procedure for the City Court of Lyons; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 484. By Mr. Moses of Montgomery: A bill to establish a new charter for the Town of Higgston, so as to change the provisions relating to the calling of elections when regular elections have not been 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 31, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 504. By Mr. Lovett of Laurens: A bill to amend an act creating a new charter for the City of Dublin, so as to redefine the territorial limits of the wards within the said city; and for other purposes. 818 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 514. By Messrs. Odom, Busbee and Hutchinson of Dougherty: A bill to amend an act establishing the City Court of Albany in and for the County of Dougherty, so as to provide for the appointment of more than one judge pro hac vice; and for other purposes. The report 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 522. By Mr. DeVane of Schley: A bill to abolish the present method of compensating the sheriff of Schley 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 31, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 528. By Mr. Carr of Washington: A bill to abolish the present method of compensating the sheriff of Washington 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. FRIDAY, MARCH 5, 1965 819 On the passage of the bill, the ayes were 31, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 529. By 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 provide for cen tralized purchasing; and for other purposes. The report 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 receive dthe requisite constitutional majority, was passed. HB 530. By Mr. Carr of Washington: A bill to abolish the present method of compensating the clerk of the Superior Court of Washington 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 31, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 536. By Mr. Anderson of Pulaski: A bill to amend an act creating a new charter for the City of Hawkinsville, so as to authorize the commissioners of said city to sell and convey a certain tract of land; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 820 JOURNAL OF 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 540. By Mr. Jessup of Bleckley: A bill to abolish the present mode of compensating the sheriff of Bleckley 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 31, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 541. By Mr. Byrd of Walton: A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Walton County, so as to change the compensation of the members of the board except the chairman; 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 548. By Messrs. Bowen, Harris and Farrar of DeKalb: A bill to amend an act amending Code section 92-6201 providing for the time for making tax returns in certain counties, so as to provide that the tax commissioner may extend the time for filing tax returns and may eliminate the penalty for failure to timely file on motor vehicles; and for other purposes. FRIDAY, MARCH 5, 1965 821 '! The report of the cc